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bill no lxxxix of 2010 the public liability for non-nuclear industrial mishap bill, 2010 a billto provide for stringent punishment and adequate compensation for non-nuclear industrial mishaps in the country and for matters connected therwtih and incidental thereto be it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) the act may be called the public liability for non-nuclear industrial mishap act, 2010short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires:—(a) "appropriate government" means in case of a state, the government of thatstate and in all other cases the central government;(b) "claim commissioner" means the claims commissioner appointed under section 3 for the purpose of adjudicating upon claims for compensations with respect of non-nuclear and industrial mishaps;5(c) "fund" means non-nuclear industrial mishap fund established under section 15(d) "liability" means the liability of the state or the central government or both for fixing and awarding compensation to the victims of any mishaps causing minor or major injuries or death of the individuals10(e) "mishap" means any incident causing injury or death of any individual due to operational fault in the non-nuclear industry;38 of 2010 6 of 1991(f) "non-nuclear industries" includes industries other than the nuclear industries, which are covered under the civil liability for nuclear damage act, 2010 and the public liability insurance act, 1991, whether government undertakings, private or in joint venture or an autonomous undertaking;15(g) "prescribed" means prescribed by rules made under this act3 (1) whoever suffers due to non-nuclear industrial mishap shall be entitled to claim compensation in accordance with the provisions of this actcompensation for nonnuclear & industrial mishaps20(2) for the purpose of adjudicating upon claims for compensation for any mishap, the appropriate government shall notify the mishap within a period of six months from the date of occurrence of such mishap and appoint one or more claims commissioners for such areas, as may be specified in that notification4 a person shall not be qualified for appointment as a claims commissioner unless he—(a) is, or has been, a district judge orqualification for appointment as claims commissioner25(b) in the service of the appropriate government and has held the post not below the rank of joint secretary or deputy collector of the area or any other equivalent post 5 the salary and allowances, if payable to, and other terms and conditions of service, of claims commissioner shall be such as may be prescribedsalary, allowances & other terms and conditions of service of the claims commissioner306 (1) for the purpose of adjudication of claims under this act, the claims commissioner shall follow such procedure as may be prescribedadjudicating procedure and powers of claims commissioner(2) for the purpose of holding inquiry, the claims commissioner may associate with him such persons having expertise in non-nuclear industries or such other persons and in such manner as may be prescribed35(3) any person associated under sub-section (2), shall be paid such remuneration, fee or allowance, as may be prescribed5 of 1908 2 of 1974(4) the claims commissioner shall be deemed to be a civil court for the purposes of discharging his functions under the act and shall have the same powers as are vested in a civil court under the code of civil procedure, 1908407 after the notification of non-nuclear mishap under sub-section (2) of section 3, the claim commissioner, having jurisdiction over the area, shall cause wide publicity to be given, in such manner as he deems fit, for inviting applications for claiming compensation for injuries or death caused due to such mishapinviting applications for claims by claims commissioner8 an application for compensation before the claim commissioner of non-nuclear and industrial mishap shall be made by,—| ( | a | ) a person who has sustained injury; or ||-------------|-----|-------------------------------------------------|| ( | b | ) the legal representatives of the deceased; or || ( | c | ) any agent duly authorized by such persons || persons | | || entitled to | | || make | | || application | | || for non- | | || nuclear and | | || industrial | | || mishaps | | |5| 9 ||-----------------------------------------------------------------------------------------|| made in such form, containing such particulars and accompanied by such documents as may || be prescribed || procedure for || making || applications || before claims || commissioner |(2) every application under sub-section (1) of section 9 shall be made within a period of six months from the date of issue of notification1010 on receipt of an application under sub-section (1) of section 9,—award by claims commissioner(1) the claims commissioner shall, after giving notice of such application to the owner and affording an opportunity of being heard to the parties, dispose of the applications within a period of three months from the date of such receipt and make an award accordingly15(2) the claims commissioner shall arrange to deliver copies of the award to the parties within a period of fifteen days from the date of pronouncing the awardlimits of liability2011 the maximum amount of liability with respect of non-nuclear and industrial mishap which causes loss of life to a person shall be rupees ten lakh and in case of permanent injury including immediate and long term health impact to a person shall vary from rupees two lakh to five lakh depending upon the nature of such injurypenalties12 whoever—(a) negligently causes loss of life or personal injury, in any mishap or25(b) contravenes any provisions of this act and rules made under it shall be punishable with imprisonment for a term which may extend upto five years or with fine which shall not be less than rupees fifty thousand but which may extend to rupees one lakh, or with both the first offence: provided that if offender fails to pay the penal amount under clause (b) his term of imprisonment shall be extended by another two years:30provided further that if second mishap causing death or permanent injury takes place in any non-nuclear industry by an act of negligence of any person, the operations in that industry shall be stopped forthwithoffences by industries3513 where a contravention under this act has been committed by a private sector or joint venture industry, the owner, or the majority shareholding person who at the time the offence was committed, was directly in charge of, and was responsible to the conduct of business of the industry shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyoffences by government department14 where a contravention under this act, has been committed by any department ofthe government, the head of that department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly40non-nuclear industrial mishap relief fund15 (1) the appropriate government shall by notification in the official gazetteestablish a fund to be known as non-nuclear industrial mishap relief fund which shall be utilized for paying in accordance with provisions of this act relief under the award made by claims commissioner45(2) the contribution to the fund shall be made by the control and the state government in such proportions as may be prescribed from time to time(3) the appropriate government may by notification in official gazette, shall specify the authority in which the relief fund shall vest, the manner in which the fund shall be administered and the form and manner in which money shall be drawn from relief fund5overriding effects and savings16 the provisions of this act shall have effect notwithstanding anything inconsistentcontained herewith in any other law for time being in force on the subject and the provisions of the act shall be in addition to and not derogation of any other law for the time in forcepower to make rules17 the central government may, by notification in the official gazette, make rules for carrying out the purpose of this act statement of objects and reasonsnon-nuclear industrial mishaps causing injury or danger to life in respect of person's engaged in such sectors or industries are on the rise in the country and the affected people are not adequately covered by relevant laws in respect of such industries, which result into the affected individual's or his/their family/families not getting adequate compensation or the offender getting away with mild charges being made against him or the concerned industry's, management it is, therefore, need of the hour that law be passed in this regard for stringent punishment and adequate compensation before the situation goes beyond controlthe public liability insurance act, 1991 was supposed to reflect post-bhopal concernsdespite amendments providing for minimal insurance and interim relief, it proved to be a damp squib insurance does not reflect claims the act is barely used therefore, there is a pressing need for a law to ensure all such disasters other than nuclear ones are covered under it and victims are paid adequate and timely compensationhence, this billprakash javadekar financial memorandumclause 5 of the bill provides for salary, allowances, etc payable to claims commissionerclause 6 provides for payments to persons associated for adjudicating of claims by the claims commissioner clause 7 provides for wide publicity to be given for inviting application for claims clause 11 provides for a compensation of rupees ten lakh in case of death caused by non-nuclear industrial mishaps in the country and compensation to injured person which may vary from rupees two lakh to five lakh depending upon the nature of injuries clause 15 provides for establishment of non-nuclear industrial mishap relief fundthe bill, if enacted, will involve recurring as well as non-recurring expenditure from the consolidated fund of india though it is very difficult to estimate the expenditure at this juncture memorandum regarding delegated legislationclause 17 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 stringent punishment and adequate compensation for non-nuclear and industrial mishaps in the country and for matters connected therewith and incidental thereto————(shri prakash javadekar, mp)gmgipmrnd—946rs(s3)—05-08-2011 | Parliament_bills | bf6be5e9-a7e9-5892-a89b-937d9d1bba69 |
bill no 11 of 2014 the appropriation (vote on account) bill, 2014 a billto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 2014-15be it enacted by parliament in the sixty-fifthyear of the republic of india as follows:—1 this act may be called the appropriation (vote on account) act, 2014rs2030334,16,00,000appropriation3 the sums authorised to be withdrawn from and out of the consolidated fund bythis act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year54 references to the ministries or departments in the schedule are to such ministries or departments as existing immediately before the 27th august, 2013 and shall, on or after that date, be construed as references to the appropriate ministries or departments as constituted from time to timeconstruction of references to ministries or departments in the schedulethe schedule(see sections 2, 3 and 4)| 1 | 2 | 3 ||----------------------------------|-----------------------------------------------------------|----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 1 | department of agriculture and cooperation… revenue | 7659,47,00,000 || capital | 7,28,00,000 | || 2 | department of agricultural research and | || education …………………………………… … | revenue | 1941,46,00,000 || 3 | department of animal husbandry, dairying | || and fisheries…………………………………… | revenue | 875,38,00,000 || capital | 6,73,00,000 | || 4 | atomic energy…………………………………… | revenue || capital | 1612,96,00,000 | 3,67,00,000 || 5 | nuclear power schemes……………………… | revenue || capital | 224,67,00,000 | || 6 | department of chemicals and petrochemicals | revenue || capital | 11,84,00,000 | || 7 | department of fertilisers……………………… | revenue || capital | 29,23,00,000 | || 8 | department of pharmaceuticals……………… | revenue || capital | 10,01,00,000 | || 9 | ministry of civil aviation………………………… | revenue || capital | 1848,37,00,000 | || 10 | ministry of coal………………………………… | revenue || capital | 549,00,00,000 | || 11 | department of commerce……………………… | revenue || capital | 154,83,00,000 | || 12 | department of industrial policy and promotion revenue | 575,14,00,000 || capital | 35,25,00,000 | || 13 | department of posts……………………… …… | revenue || capital | 172,77,00,000 | || 14 | department of telecommunications……… …… | revenue || capital | 1066,33,00,000 | || 15 | department of electronics and information | || technology……………………………………… | revenue | 1035,67,00,000 || capital | 88,33,00,000 | || 16 | department of consumer affairs……………… | revenue || capital | 8,00,00,000 | || 17 | department of food and public distribution… | revenue || capital | 10202,42,00,000 | || 18 | ministry of corporate affairs…………………… | || revenue | 77,14,00,000 | || capital | 7,91,00,000 | || 19 | ministry of culture………………………………… | revenue || capital | 23,33,00,000 | || 20 | ministry of defence……………………………… | revenue || capital | 540,24,00,000 | || 21 | defence pensions……………………………… | revenue || 22 | defence services—army……………………… | revenue || 23 | defence services—navy………………………… | revenue || 24 | defence services—air force…………………… | revenue || 25 | defence ordnance factories…………………… | revenue || 26 | defence services—research and development | revenue || 27 | capital outlay on defence services…………… | capital || 28 | ministry of development of north eastern region revenue | 617,26,00,000 || capital | 117,00,00,000 | || 29 | ministry of drinking water and sanitation revenue | 5089,62,00,000 || 30 | ministry of earth sciences………………… …… revenue | 505,02,00,000 || capital | 62,35,00,000 | || 31 | ministry of environment and forests…… …… revenue | 960,46,00,000 || capital | 57,45,00,000 | || rs | rs | rs || 1 | 2 | 3 ||------------------------------------------|-------------------------------------------------|-------------------------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 32 | ministry of external affairs…………………… | revenue || capital | 957,82,00,000 | || 33 | department of economic affairs……… ……… | revenue || capital | 1871,09,00,000 | || 34 | department of financial services……… …… | revenue || capital | 8200,00,00,000 | || c | | || harged | | || | - | interest payments……………… || 36 | transfers to state and union territory | || governments ……………………………… …… | revenue | 24169,00,00,000 || capital | | 4500,00,00,000 || 37 | loans to government servants, etc …… …… | capital || c | | || harged | | || | - | repayment of debt …………… … || 39 | department of expenditure ………………… … | revenue || 40 | pensions ……………………………………… … | revenue || 41 | indian audit and accounts department …… … | revenue || capital | 5,00,00,000 | || 42 | department of revenue ………………… …… | revenue || capital | 35,34,00,000 | || 43 | direct taxes ……………………………… …… | revenue || capital | 250,67,00,000 | || 44 | indirect taxes …………………………… ……… revenue | 1628,01,00,000 || capital | 90,44,00,000 | || 45 | department of disinvestment …………… …… | revenue || 46 | ministry of food processing industries …… … | revenue || 47 | department of health and family welfare… … | revenue || capital | 557,16,00,000 | || 48 | department of ayurveda, yoga and naturopathy, | || unani, siddha and homoeopathy (ayush) … | revenue | 417,35,00,000 || capital | 6,70,00,000 | || 49 | department of health research……… …… revenue | 339,22,00,000 || 50 | department of aids control……………… …… revenue | 567,33,00,000 || capital | 27,67,00,000 | || 51 | department of heavy industry …………… …… | revenue || capital | 187,02,00,000 | || 52 | department of public enterprises ………… … | revenue || 53 | ministry of home affairs …………………… … | revenue || capital | 21,51,00,000 | || 54 | cabinet ………………………………………… … | revenue || 55 | police ……………………………………… …… | revenue || capital | 3457,95,00,000 | 2,64,00,000 || 56 | other expenditure of the ministry of | || home affairs……………………………… …… | revenue | 632,02,00,000 || capital | 103,18,00,000 | || 57 | transfers to union territory governments | revenue || capital | 24,00,00,000 | || 58 | ministry of housing and urban poverty | || alleviation……………………………………… … | revenue | 2002,87,00,000 || 59 | department of school education and | || literacy ………………………………………… | revenue | 30688,37,00,000 || 60 | department of higher education…………… | revenue || 61 | ministry of information and broadcasting …… | revenue || capital | 9,62,00,000 | || 62 | ministry of labour and employment …… …… | revenue || capital | 6,51,00,000 | || 63 | election commission ……………………… … | revenue || capital | 33,00,000 | || 64 | law and justice …………………………… … | revenue || capital | 18,12,00,000 | || c | | || harged | | || | - | supreme court of india …… …… || rs | rs | rs || 1 | 2 | 3 ||---------------------------------|------------------------------------------------|---------------------------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 66 | ministry of micro, small and medium | || enterprises……………………………… ……… | revenue | 1114,49,00,000 || capital | 2,93,00,000 | || 67 | ministry of mines……………… ………………… | revenue || capital | 31,24,00,000 | || 68 | ministry of minority affairs……………………… | revenue || capital | 40,00,00,000 | || 69 | ministry of new and renewable energy… …… | revenue || capital | 38,33,00,000 | || 70 | ministry of overseas indian affairs……… …… | revenue || capital | 10,00,00,000 | || 71 | ministry of panchayati raj ………………… … | revenue || 72 | ministry of parliamentary affairs …………… … | revenue || 73 | ministry of personnel, public grievances | || and pensions …………………………………… | revenue | 332,49,00,000 || capital | 41,67,00,000 | 1,00,00,000 || c | | || harged | | || | - | central vigilance commission || 75 | ministry of petroleum and natural gas …… … | revenue || capital | 33,00,000 | || 76 | ministry of planning …………………… ……… | revenue || capital | 259,50,00,000 | || 77 | ministry of power …………………………… … | revenue || capital | 811,29,00,000 | || c | | || harged | | || | - | staff, household and allowances || of the president …………………………… …… | revenue | || 79 | lok sabha …………………………………… … | revenue || 80 | rajya sabha ………………………… ………… | revenue || c | | || harged | | || | - | union public service commission || 82 | secretariat of the vice-president ………… … | revenue || 83 | ministry of road transport and highways… … | revenue || capital | 10485,09,00,000 | 6,00,00,000 || 84 | department of rural development …………… | revenue || 85 | department of land resources ……………… | revenue || 86 | department of science and technology ……… | revenue || capital | 7,03,00,000 | || 87 | department of scientific and industrial | || research ……………………………………… … | revenue | 1223,72,00,000 || capital | 7,00,00,000 | || 88 | department of biotechnology …………… …… | revenue || 89 | ministry of shipping ………………………… … | revenue || capital | 184,36,00,000 | || 90 | department of social justice and empowerment | revenue || capital | 87,33,00,000 | || 91 | department of disability affairs | revenue || capital | 11,67,00,000 | || 92 | department of space ………………… ……… | revenue || capital | 1419,79,00,000 | 13,00,000 || 93 | ministry of statistics and programme | || implementation ………………………… ……… | revenue | 2135,26,00,000 || capital | 6,03,00,000 | || 94 | ministry of steel ………………………… …… | revenue || 95 | ministry of textiles ………………………… … | revenue || capital | 38,13,00,000 | || 96 | ministry of tourism ……………………… …… | revenue || capital | 50,00,000 | || 97 | ministry of tribal affairs ………………… …… | revenue || capital | 23,33,00,000 | || 98 | andaman and nicobar islands …………… … | revenue || capital | 188,87,00,000 | || rs | rs | rs || 1 | 2 | 3 ||-----------------------|----------------------------------------------|-------------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 99 | chandigarh ……………………………… ……… | revenue || capital | 159,58,00,000 | || 100 | dadra and nagar haveli ………………… …… | revenue || capital | 91,63,00,000 | || 101 | daman and diu …………………………… …… | revenue || capital | 116,02,00,000 | || 102 | lakshadweep …………………………… ……… | revenue || capital | 75,97,00,000 | || 103 | department of urban development ………… | revenue || capital | 2885,40,00,000 | 20,33,00,000 || 104 | public works ……………………………… …… | revenue || capital | 277,44,00,000 | 33,00,000 || 105 | stationery and printing …………………… …… | revenue || capital | 38,00,000 | || 106 | ministry of water resources ……………… … | revenue || capital | 76,21,00,000 | 1,33,00,000 || 107 | ministry of women and child development… | revenue || 108 | ministry of youth affairs and sports ………… | revenue || capital | 30,00,000 | || t | | || otal | | || : | 497779,27,00,000 | 1532554,89,00,000 || rs | rs | rs | statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 116 thereof, to provide for the appropriation from and out of the consolidated fund of india, of the moneys required to meet the expenditure charged on the consolidated fund and the grants made in advance by the lok sabha in respect of the estimated expenditure of the central government, excluding railways, for a part of the financial year 2014-2015p chidambaram———— president's recommendation, under article 117 of the constitution of india————[copy of letter no 2(1)-b(d)/2014 dated 14 february, 2014 from shri p chidambaram, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed appropriation (vote on account) bill, 2014 to provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 2014-15, recommends the introduction and consideration of the bill in lok sabha under article 117(1) and (3) of the constitution of india read with article 116(2) thereof———— a billto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the services of a part of the financial year 2014-15———— | Parliament_bills | 10312b4a-bb3b-5bd2-8106-dc459721b794 |
bill no 206 of 2016 the compulsory teaching of agricultural education in educational institutions bill, 2016 by shri rajeev satav, mp a billto provide for compulsory teaching of agricultural education in all educational institutions and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—2 in this act, unless the context otherwise requires,—definitions(a) "advisory council" means the advisory council for agricultural education constituted under section 6;5(b) "agricultural education" includes imparting knowledge and understanding of basic matters relating to agriculture, farming, cultivation, agronomy, husbandry and horticulture;(c) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government; and10(d) "educational institution" means a primary or a middle or a secondary or a senior secondary level school imparting education to children, by whatever name such institution is called, but does not include a minority educational institution;(e) "prescribed" means prescribed by rules made under this act153 from such date, as the central government may, by notification in the official gazette, specify, the agricultural education shall be taught as a compulsory subject in all educational institutions from such class onwards as may be determined by the central government on the recommendation of the advisory councilcompulsory teaching of agricultural education in educational institutions4 the appropriate government shall, immediately after issuance of the notification under section 3, issue directions for compulsory teaching of agricultural education in all educational institutions within its jurisdictionappropriate government to issue directions for compulsory teaching of agricultural education in educational institutions205 subject to such matters, as may be prescribed, the appropriate government shall ensure appointment of such number of teachers with such qualifications, as may be specified, for teaching agricultural education in educational institutionsappointment of teachers for agricultural education256 (1) the central government shall, within three months of the coming into force of the compulsory teaching of agricultural education in educational institutions, act 2016, by notification in the official gazette, constitute an advisory council for agricultural educationconstitution of advisory council for agricultural education(2) the advisory council shall consist of such number of persons, having special knowledge or practical experience in the field of agricultural education, as the central government may deem fit307 the advisory council shall perform the following functions, namely:—functions of the advisory council(a) recommend to the central government the syllabus of agricultural education for each class upto senior secondary level;(b) recommend to the central government the class from which onwards the agricultural education shall be taught in educational institutions;35(c) recommend to the appropriate government the qualifications of teachers to be appointed in educational institutions for teaching agricultural education;| ( ||--------------------------------------------------------------------------------------|| given recognition for training teachers in agricultural education for the purpose of || their appointment in educational institutions; and |(e) co-ordinate with the appropriate government and educational institutions with a view to ensuring effective implementation of the provisions of this act 8 the appropriate government shall derecognize an educational institution which does not comply with the provisions of section 4, after giving such institution a reasonable opportunity of being heard5derecognition of educational institutions for noncompliance of the provisions of the act 9 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actcentral government to provide funds1010 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceoverriding effect of the act power to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act15(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule20 statement of objects and reasonshalf of india's population is directly dependent on agriculture however, when we analyse the level of education imparted for agriculture, it gives a disappointing picture agricultural education is part of some school curriculum till higher secondary, however there is little emphasis from the government and the school authorities the majority of students are those who leave their regular education and end up in agricultural domain however, there are neither sufficient avenues to officially study agriculture nor any exams which can help to monitor its performance thus, we are stuck in traditional ways of agriculture today, agricultural education is available both as an optional subject and a vocational course however, just two percent of higher secondary students take up agricultural education there is an urgent need to focus on agricultural education, especially in relation to job creation and skill development this alone can lead to real impact on the sorry picture of agriculture in our country the country today is debating the introduction of entrepreneurship in education however, linking entrepreneurship to agriculture can bring the much needed innovation to provide transformational results in this sector the recently concluded paris climate change summit (conference of parties 21) also pressed for more adaptation and mitigation in the agriculture sectorcreating a vibrant syllabus in agricultural education for schools and linking to job creation will not only increase basic knowledge but also make students naturally interested for advance careers in agricultural sector the government's intervention is thus needed to lead societal focus on this issuehence this billnew delhi;rajeev satavjuly 1, 2016 financial memorandumclause 5 of the bill provides for appointment of teachers for imparting agricultural education in educational institutions clause 6 provides for constitution of an advisory council for agricultural education by the central government clause 9 provides for payment of adequate funds to the state governments for carrying out the purposes of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure to the tune of rupees five hundred crore will be involveda non-recurring expenditure of about rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for compulsory teaching of agricultural education in all educational institutions and for matters connected therewith or incidental thereto————(shri rajeev satav, mp)gmgipmrnd—1482ls (s3)—27072016 | Parliament_bills | 37204406-0baa-558d-9a44-2af758709567 |
the national service bill, 1970 arrangement of clauses chapter i preliminary clauses1 short title, extent and comm(!'ncemcnt 2 definitions chapter ii liability of persuns to render national service 3 liability of persons to be called up for national service4 voluntary service in lieu of natmal service 5 liability to complete interrupted service 6 power of central government to direct a person to render service with the armed forces of' union or other national service 7 discipline 8 power of central government to require any employer to release qualified persons 9 transfer 10 persons not to leave national service or be discharged thqrefrom unless permitted by central g<>vernment chapter iiiregistration and enlistment for national service , 11 persons required to register 12 registration 13 notice of likelihood of calling up for national service 14 enlistment for national service 15 salary, wages, etc, and travelling allowances to be paid to persons enlisted for national service 16 training 17 discharge chapter iv postponement of national service18 national service (hardship) committee application for postponement on grounds of hardship 19 (i) 20 appeal from decision of the national service (hardship) committee 21 revocation of postponement certificate 22 suipension of right to postponement of liability to be called up for national service chapter v re1nstatement of qualified persons called up for national service23 reinstatement 24 preservation of certain rights of qualified persons required to render national service chapter vi other offences and penalties25 false statement and forgery 26 general provision as to offences 27 offences by companies chapter vii miscellaneous2s information to be furnished by universities, etc 29 information to be furnished by district magistrate 30 priority of debts 31 summary trial of offences 32 jurisdiction to try offences 33 protection of acti<ln taken in good faith 34 removal of difficulties 35 powers to delegate 36 power to make rules 37 power to make regulations ;is rules and regulations to be laid before parliament , billto provide /0'1' the registration a/qualified persons and /01' the rendering &j national service by such persons and f01' matters connected therewith be it enacted by parliament in the twenty-first year of the republic of india as follows:- chapl'er i preliminary1 (1) this act may be called the national service act, 1970 short s ti~, ezt,mt· (2) it extends to the whole of india and~1dmencement (3) it shall come into force on such date as the central government may, by notification, appoint 2 in this act, unless the context otherwise requires,-definitions 10 (a) "employer" means any person who employs any qualifled person for doing any work in any e;;;tablishment and includes any person entrusted with the supervision a1\d cantrol of quallfied persons in such establishment; (b) "establishment" mean~ (i) any oftiee, or (ii) any place where any industry, trade, business or occupa· tion is carried on, and includes any technical institution or training centre; '- (c) "national service" means any service which is likely to assist the defence of india and civil defence or the efficient conduct of mili- 5 tary operations and includes such social service as the central government may, if it is of opinion that it is necessary for public purposes so to do, by notification specify in this behalf; (d) "notification" means a notification published in the official gazette; ic (e) "prescribed" means prescribed by rules made under this act; the meaning of the indian medical council act, 1956, or (f) "qualified person" means a citizen of india who is ordinarily re!1ident in india and who,- , (i) has obtained a recognised medical qualification within 102 of is 1956 (ii) has obtained, or has passed an examination which entitles him to obtain a degree of a university or its equivalent qualification in any branch of engineering or technology or both explanation-for the purposes of this act, a qualified person who is resident in india shall be deemed to be ordinarily resident there 20 unless-(a) he is residing there only for the purposes of attending a course of education; or (b) the circumstances of his residence there are otherwise such as to show that he is residing there for a temporary purpose 2s only; or (c) he, being a person who was born or domiciled in any country outside india, has heen resident there for less than two years chapter ii l liability of persons to render national service3 (1) every person wh(j-(a) is a qualified person at the commencement of this act, or (b) becomes a qualified person after such commencement, liability of persons to be called up for national service, shall, if he has not attained the age of thirty years at such commencement, 35 or, as the case may be, on the date on which he becomes a qualified person, be liable until he attains the age of thirty years, to' be called up for national service for a period of not more than four years (2) the period of national service for which a qualified person shall be l,iable to be called up ~nder this act shall begin from the date on which 40 he is required by an enlistment notice served under this act to present himself to the authority specified therein and shall end on the day when his term of national service is completed in accordance with the provi-iona of this act voluntary service in lieu of national liel'vice (1) if a qualified person has been enlisted under any other law for the time being in rorce, for service in one of the armed forces of the union for a period of not less than four years, he shall perform the service required of the members of that force in lieu of the national service $ required under this act (2) if a qualified person has rendered or is rendering service, other than service in one of the armed i'orces of the union and such servicc' is declared by the central government to be equivalent to national service, the period of such service shall be deemed to be service in lieu of 10 the national service required under this act and he shall (unless he has ceased to be liable under this act to be called up for national service), be liable to be called up for national service for such term as will, together with the service completed by him, be equivalent to the term of service for which persons are liable to serve under this act is (3) if any qualified person has been enlisted as a member of-'of 1888 (a) the indian reserve forces, regulated under the indian reserve forces act, 1888, (b) the territorial army constituted under the territorial army act, 1948, 56 of 1948 20 (c) the air force reserve or the auxiliary air fotce reserve constituted under the reserve and auxiliary air forces act, 1952, 62 of 1952 62 of 1957 (d) the indian naval reserve forces raised and maintained under the navy act, 1957, or (e) any other force of the foregoing nature, 25 he shall not be called upon, so long as he continues to be a member of that force, to render national service under this act: provided that he shall, after he has ceased to be a member of such force, be liable to render national service (unless he has ceased to be liable under this act to be called up for national service), fot such term 30 as will, together with the actual service rendered by him 8s a member of that force, be equivalent to the term of service for which persons are liable t(l serve under this act liabiuty to complete interrupted ervlce 5 if any qualified person serving in the armed forces of the union ceases to serve therein before he has completed four years of such ser-3s vice, he shall, unless he has ceased to be liable under this act to be called up for national service, be liable to be called up to serve for such term as will, together with tlie service completed by him, be equivalent to the term of service for which persons are liable to serve under this act 6 subject to the provisions of section 3, the central government may, 40 by order, require a qualified person to render service in the armed forces of the union or such other national service, as it may specify in this behalf, for such period and at such place as may be specified in the order powerot' central governme-nt to direct a person to render iiiervice with the armed foreea of union or other national aervice discipline 'i (1) every qualified person enlisted under this act for natitn1ai service in the armed forces of the union shall, subject to such conditions as may be prescribed, be bound to serve in any branch of the armed forces to which he is for the time being attached, and shall be subject to all laws, rules, regulations and orders in force for the time s being in relation to such branch (2) every qualified person enlisted for any national service, other than service in the armed forces of the union shall, subject to such conditions as may be prescribed, be bound to serve in my position or post to which he is appointed for the time being, and shall be subject to 10 all laws, rules, regulations and orders in force for the time i:?eing inrelation to such position or post s (1) the central government may, by order in writing require any employer to release any qualified person for employment in national scrvice within such time as may be specified in the order is power of central government to require anyemployer to release qualified persons (2) where an employer releases a qualified person, for employment in national service, such employer shall not be liable to pay the salary, wages and other emoluments, if any, of the qualified peisonfor the period during which national service is or has been rendered by the qualified person 20 (3) no contract, subsisting between a qualified person and his employer on the date of release of the qualified pcrs~m for employment in national service, shall be enforceable until such qualified persons has been die;-charged from national service (4) in computing the period specified in any contract of service in 25 relation to a qualified person who has been called upon to render national service, the period of national service actually rendered by such qualified person shall be excluded' (5) if any cmployer fails without sufficient cause to comply with the order made under sub-section (1), he shall be liable to be punished with 30 imprisonment for a term which may extend to three years add also with fine which may extend to one thousand rupees transfer 9 the central government may, by regulations, make provisions for enabling or requiring a qualified person rendering national service in any branch of the armed forces of the union to be transferred to rny 35 other branch o'f that force or to any other brai;lch of national l"ervice or vice versa 10 (1) no qualified person rendering national service under this act shall leave such service until he is discharged thel'efrom under section 1'7 (2) no qualified person who has been served with anoti<:e under 40 sub-section (1) of section 13 or an enlistment notice under section 14 shall, if he is in any employment at the date ·of service of such notice, leave such employment or be discharged therefrom, except in accordance with the provisions of this act: persons not to leave national service or be discharged therefrom unless permitted by central goverrament prt)vided that nothing in this sub-section shall apply where the em- 45' ployment of a qualified person is terminated for the reason that the said person has been guilty of gross insubordination, habitual absence from work, or serious misconduct or has been convicted of an offence (3) if a qualified person who has been served with a notice under sub·section (1) of section 13 or an enlistment notice under section 14 leaves any employment in which he is engaged at the date of service of such notice or is discharged therefrom otherwise than in accordance 5 with the provisions of this act, he or, as the case may be, the person by whom he is discharged, shall be punished with imprisonment for a term which may extend to five years, and also with fine which may extend to two thousand rupees chapter iiipersons required to register 10 registration and enlistment for national service 11 (1) every qualified person shall, if he is liable, at the commencement of this act, to be called up for national service, make an appliea tion, within ninety days from such commencement, to be registered under this act is (2) every qualified person who becomes liable after the commencement of this act to be called uoon for national service, shall withill thirty days from the date on which he becomes so liable, make an appli cation to be registered under this act 12 (1) the central government shall, by general order direct regimaquaufied persons who are required to be registered under this act,-tion 20 (a) to furnish at luch place aad time, in such manner and to such authority or person 08 may be specified therein, such particulars about themselves as the order may require; and 25 (b) to make at such place, in such manner and to such authority or person as may be specified in the order, an application to be registered under this act (2) the order mad~ under sub-section (1) jru:ly make different provisions in relation to different classes of qualified persons subject to registration and may provide for exempting from any requirements of the order of any class of qualified persons with respect to whom the 30 central government is satisfied that particulars sufficient for the purposes of this act can be ascertained otherwi£e than by virtue of those requirements (3) if any qualified person fails to comply with any requirement of the order made under sub-section (1), he shall be liable to be punished 35 with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees, or with both (4) the central government shall ensure-(a) that upon an application duly made for registration under this act, the name and address of the applicant together with the particulars of the matters with respect to which information was given by the applicant in pursuance of the order made under subseetion (1) are entered in a register kept for the purposes of this act, to be known as the "national service register"; and 4s (b) that upon the applicant being registered, a certificate of registration is issued to the applicant in the prescribed form (5) the information contained in the national service register shall not be used for any purpose other than the purposes of this act: provided that nothing in this sub-section shall preclude the central government from disclosing, for statistical purposes, any information contained in the national service register 5 (6) the central government may cause registration to be made of, and a certificate of registration to be issued to, any qualified person of a class exempted from any of the requirements of sub-section (1) as if that person had duly applied to be registered under this act (7) (a) if any qualified person subject to registration under this 10 act communicates to the central government in the prescribed manner, that he has a preference for the army, air force or naval service, that fact shall be recorded in the national service register (b) if a qualified person belonging to a class which is exempted from registration under this act has a preference for the army, air force or is naval service, he shall intimate such preference to the central government in such manner as that government may specify and, on receipt of such intimation the central government shall cause such preference to be recorded in the national service register (8) (a) if any change occurs in the name or address of any qualified 20 person while such person remlains registered under this act, or if any such person acquires any additional academic or professional qualification or distinction, he shall iorthwith communicate the change of his name or address, or, as the case may be, the acquisition by him of additional academic or professional qualification or distinction to the 2s central government in the prescribed manner and at the same time return to the central government for correction any certificate of registration held by him and if he fails to communicate the change of his name or address, or, as the case may be, the acquisition by him of the additional academic or professional qualification or distinction, 30 he shall be liable to be punished with fine which may extend to five hundred rupees (b) upon the receipt of a communication of the change of name or address of any qualified person registered under this act or of acquisition by him of additional academic or professional qualification or distinc- 35 tion, the central government shall cause the necessary corrections to be made in the entries in the national service register and shall either cause the certificate to be corrected and returned to such person or cause a fresh certificate to be issued to him (9) the central government may, by rules made under this act 40 provide for the issue in specified circumstances, of fresh certificates of registration in place of certificates which have been lost, destroyed or defaced 13 (1) the central government may from time to time cause to be served on any qualified person subject to registration under this act, 45 and if he is engaged in any employment, also on his employer, a written notice in the prescribed form stating that such person is likely to be called upon, at any time within a period of twelve months next following to render national service (2) omission to serve any notice referred to in sub-section (1) on an 50 employer or the service of such notice on a person who is not, at the lime of service of such notice, the employer of the qualified person ctincemed, shall not invalidate the notice served under sub-section (1) on the qualified person and shall not affect the liability of the qualified person to be called up for national service "5 (3) the central government may cause to be served on any qualified periicm served with a notice referred to in sub-section (1), a 'written qouce requiring that person to submit himself to an examination, by such ijlltbority at such place and at such time, as may be specified in the notice, of his physical and mental fitness for being called up for national 10 service (4) the central government may make regulations for the examination of the physical and mental fitness of persons subject to registration under this act and such regulations may, in particular, enable the medical and other authority-is ' (4) in a case where he is unable to complete the examination on one qccasion, to direct the person examined to submit himself for a further examination on a specified time and place; (b) to direct the person examined to submit himself for exajni nation by a specialist 20, (5) the central government may by regulations determine the oai4iaories in which persons examined under this section are to be placed with reference to their physical and mental condition (6) if any qualified person fails to comply with the requirements of • notice iel'ved 011 him under sub-section (3) or any regulations made 2s'or directions given under sub-section (4), he shall be liable to be punish~ ed with imprisonment for a term which may extend to three years, or with fine which may extend to one thousand rupees, or with both (7) the court by which a qualified person is convicted of an offence tinder this section may, without prejudice to any penalty which may 30 be imposed on him, order him to submit himself to an examination of ius pbyaical and mental fitness, further examination or examination by a~t, at the case may be, at such place and at such time as may be flxed by the court and any such order may provide that such person ~ll be detained in custody until that time and shall be taken by a 3s police officer to that place and at that time: provided that no person shall be detained in custody by virtue of any such order for more than twenty-four hours (8) a qualified person who, having been ordered by a court under iib-sectian (1) to submit himself to an examination of his physical and 40 mental fitness and to be detained in custody, is taken by a police officer to the p1aee and at the time at which he is to be examined, does not submit himself to an examination of his physical and mental fitness in aecordanee with the order, he may be arrested by a police officer without a warrat 41 (9) a qualified person who fails to submit himself to an examination of his pbysieal and mental fitness in accordance with an order made under sub-ee'ction (7), shall be liable to be punished with imprisonment for a term which may extend to three years, and also with fin" which ·may extend to one thouaand rupees (10) a notice served on any qualified person under this section abau cease to have effect if, before that date on which he is required to submit himself to an examination of his physical and mental fitness, he ceases to be subject to registration under this act (11) the central government may pay to the medical or other auttao- s rity, specialist, or any qualified person undergoing examination of wa physical and mental fitness under this section such travelliq and other allowances, inclndinl compensation for loss of remunerative time, in accordance with such sca»es as may be prescribed enlist mentfor national aervlce 14: (1) subject to such priorities as may be prescribed, the central 10 government may cause to be served on any qualified person for the time being liable under this act to be called up for national service, who has been found, after an examination of his physical and mental condition, fit for such service, a written notice in the prescribed forrril (in this act referred to as the "enlistment notice") stating that he is i, called up for national ~ervice in such one of the armed forces of the union or in such other service as may be specified in the enlistment notice and requiring him to present himself at such place and at such tune and to such authority, as may be specifled in the notice: provided that an enlistment notice under this section shall not 20 require the person upon whom it is served to present himself on a day earlier than the fourteenth day after the date of service of the notice or such earlier day as may be determdned at his request (2) an enlistment notice served on any qualified person shall cease to have effect if, before the day on which he is thereby required ~ as present himself, he ceases to be liable to be called up for national service under this act (3) the central government may pay to persons required to pretedt themselves in pursuance of all enlistment notice served upon them travelling and other allowances in accordance with such scales as ma, 30 he prescribed , •• (4) if on the day specified in the enlistment notice as the day on which the person to whom the notice relates is required to present himself for national service-(a) a postponement certificate relating to him is in foree, or " (b) any appeal or application by him for postponement af national service is pending, the enlistment notice served on him shan be of no effect (5) the enlistment notice shall be served in such manner as mil be prescribed 40 15 (1) every qualified person who is called up for natiodal senice under this act, or who is transferred from one form of natioaal aeniee to another, shall be paid such salary, wales, allowulc:n, peualoa, dja ability and death compensations and other benefits as may he pl'eiuiw: provided that such payments shall be on iicales not lesa favourable'" than those admissible to persons of like quaufications, ezperienee lenkth of service in similar positions under the government salary, wa etc, and travellina allowancesto ,be p&id to perlons enlijtecj for national aervlee explcnation-for the purposes of the foregoing proviso, the length of standing of a qualified person as an engineer or medical practitioner, as the case may be, shall be construed as the length of his service (2) any qualuled person who· is called up for national service or s tl'alllferrecl from one form of national sel'vice, or from one place of ejil,loyment in the national service, to another shall be paid travellin, allowance for jouraey to his place of employment under this act at such rat as may be prescribed (3) a quaufted person who, on the date of the service of the enlist 10 ment aotice on him, is en,ared in any empolyment, or a qualified person wlao is transferred from one form of national service, er from one place of employment in the national service, to another shan be paid, for tbe period of his transit from the place of his former employment to the place of hh employment under this ad, salary or wages (including is adowances) at the rate fixed by the central government under iluh· section (1) (4) a qualified person who was in any employment on tbe date on wbleh he was called for national service under this act, shall, on his dille_re from such service, be paid salary or wages (including anow 20 anees) for the period of his transit from the place of his employment __ tid act to the place of his former employment at the rate fixed hy tbe central government under sub·seetion (1) (5) a qualified person who is called for national service under this act shall, on the termination of his national service, be paid ~s traveuina expenses at such rate as may be prescribed for journey to whea the place of his former employment, or, if he was unemployed when he wu &rat called up for natiodal service under this act, to the place of his resicledce 16 during his term of national service a qualified person may be trainin, 30 required to undergo training for such period as may be prescribed 17 (1) every qualified person enlisted under this act shall be entitled dischar,e to receive his discharge from national service on the expiration of the period for which he was enlisted and such person may, prior to the expiration of that period, be discharged from national service by such 35 uthor~ty and subject to such conditions as may be prescribed (2) a person receiving discharge under this section shall be given a eertiftcate in such form, as may be prescrib~ certifyiniz that he has been dil!lcharged from national service (3) a perron who has receh cd discharge under this section shall not, 40 pe required to render national· s~rvice after such discharge: provided that a oerson who has received discharge under this section : -betore'he hlis compl~ted four years of national service, shall unless he has ceased to be liable to be;clllled up for national service under this act; be liable to j;,e caued up for n;ltional service under this act for such term a~ 4j wm~ tog~tller witlt the ~riq'd qf (latlonal service rendered bv him, be equl' val"t _to four years _": -- chapter iv postponement of national service18 (1) the central govemment shad comtitate a )iatiusel~" (bar~hip) committee consisti, of a cbai __ 0 ,ther~ appointed by it s national service (hard· ship) commit· tee (2) the chairman of the national service (hardship) committee shall be a person who is, or has been, or is qualified t()f be, a judge of a high court (3) the members of the national service (hardship) committeethln hold otlice for a period of three years but shall be eligi~le for rp,omt 10 ment (4) the proceedings of the national service (hardship) commutee shall not be invalid by reason of any defect in the constitutioll of, or any vacancy in, such committee (5) any vacancy in the national service (hardship) committee lihall 15 be filled by the central government in such manner as it may thinkftt (6) the central government may constitute·begidal nltioaa 'srice' (hardship) committees for such regions as it maytbulk aaa oa: h constitutin such regional natiollal serviee (hudallip) c-aitt1e8 shall have all the powers, functions and privileges of the national ser- 20 vice (hardship) committee and shall be subject to the illlbeprorisions as are applicable to tbat' committee 5 of 1908 (7) the national service (hardship) committee shan have power to regulate its own procedure with regard to any investigation under t+ltsact and shall have for the purposes of such irlvestigationthe powers ofa etvil 25 court while trying a sujt under the code of civil procedure, 1908, in 'tes~ pect 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 documentsprodu- 30 cible as evidence; '"" - ,; i (c) receiving evidence on oath; (d) issuing commissions for the examination of wit1les!resordecu ments; (e) such other matters as may be prescribed 35 applica tionfor postpone menton li'ounds of hardahip 19 (1) any qualified 'ilerson who is for the time being liable to be i called up for national service under this act and who baa qaen ,uned with 8 notice rekrred to in sub-section (1) of section 13, or any employer of sncll qualified penon, may apply, in the prescribed manner:to the central government for a certificate of postponement of liability to ~ 40 called up for national service on the ground that exceptional hardshii'· would ensue if such qualified person were called up for'natiodaleervice, and may, on that gro'lnld apply, in the prescribed 1mjjwi", 1m tiie: __ l of the postponement eertifteate granted to him (2) where an application for a postponeme~t certifiateorfor the 45 renewal thereof is made, the central government shad referfhe ap~'d"" tion for dtefsion to the national service (hardship) ccjmmmee < (i) no application for the grant of a postponement certificate aball be referred by the central government to the natignal service (hud-~) committee unless such application is made within sixty days from the date of service of the notice referred to in sub-section (l) of section s 13: pzovidad that the central government may refer an application for the grant of a poitponement certificate to the national service (hardshi~) cotaauttee made after the expiry of the said period if it is flatisfiecl, baving regard to the grounds on which the application is made, that the io'making thereof has not been unreasonably delayed (4) the central government may by regulation' speeify the principles to be applied and the circumstances to which regard is to be or not io be had for the hearing of an application for the grant or renewal 01 a postponement certificate and as to the period for which the postpone-is ment certificate may be granted or renewed (5) the natioul service (har-dship) committee may, after consideration of the application for a postponement certiftc8~ or reuewal thereof, gram: or reject the same (6) the period within which the postponement ('eruftcate is tn follge 20 shall be added to the period during which the person to whom the certificate was g:canted is liable under this act to be called up for national &ervice and accordingly this act shall in relation to that person have eftect as if for reference therein to the age of thirty years, there were substituted, an age being the sum of thirty years and the period during 2swhich-(i) the postponement certificate is in force, and (ii) the enlistment notice was of no effect by reason of the provisions of clause (b) of sub-section (4) of section 14· (7) if any qualified person or an employer makef> 8n application for 30 a postponement certificate on a ground which he knows to be fatlle or doe!! not believe to be true or on a ground which, is in the opinion of the national service (hardship) committee, is frivolous, he shall be liable to be punished with imprisonment for a term which may extend to one year, or with fine which may extend to orie thousand rupees, or 35 with both zoo (1) subject to the provisions of sub-section (2), an appeal au ,lie again&t the decision of the national service (hardghip) commtttee 10 the high court exercising jurisdiction in relation to the tel'i'itory in whkh the applicant for the postponement certificate voluntarily resides, carrles 40 on business or personally works for again (2) no appeal referred to in lub-aecmn (1) shall lie unless-appeal from decillion ot the national bervie (hardslup) committee (i) it is preferred within thirty day from the date of the de<:i6ion of the national service (hardship) committee, and (u,) tbenatioaal servioe (hardship) committee certifies that the cue idvelves a substantial question of law 45 (3) where the nattoaal service (haniship)commiuee las refused to give 'a eertiftcate refenredto in "ubsection (2), the high court may, if it i_ satisfied that the eale involves a substantial question of law, grant special leave to appeal against the decision of the national set'vice (h&1'dship) committee (4) the high court may, after hearing the appeal, confirm, modify or reverse the decision of the national service (hardship) committee -revocationot postponementcer-uscate 21 (1) if, at any time, while a postponement certificate is in force, it 5 appears to the central government that, by re8s'on of any change in the circumstances of the qualified person to whom the certificate was granted or of his employer, where such certificate was granted on the application of such employer, the certificate ought to be revoked or the 'period _ for which it was granted or last renewed ought to be shortened, the central 10 government may apply to the national service (hardship) committee, and that committee may either reject the application or cancel the certificate or vary it by shortening the period -(2) whemean application is made under sub-section (1), the person to whom the postponement certificate in question was granted, and where is such certificate was -granted on the application of an employer, such employer, shall be entitjoad to be heard on the application and the provisions as to appeals contained in section 20 shall awly in relation to the application as if it were an application for the grant of a postponement certificate -' {::~: 20 22 (1) the central government may, if it is satisfied at any time that by reason of the gravity of the situation it is necessary so to do, by order- " -(a) cancel, either generally or in relation to a specified class of qualified persons, all postponement certificates in force at the date of 25 the order, and suspension or ri,ht to postponementor liability to be called up for national service (b) aborgate, either generally or in relation to a specified class of qualified persons, any right to apply for the grant of a postponement certificate and any right to appeal from the refusal to grant such a certificate, and the central government may, by ordet', vary 3cl or revoke any order in force under this ~ection, without prejudice however to the previous effect of that order " , (2) where, on the day on which an order comes into force under this section abrogating any right to appeal from the refusal to grant a postponement certificate, an appeal preferred by a person to whom the order 35 applies or the time for preferring such appeal by such person has not expired, the appeal shall be deemed to be dismissed or the time shall be deemed to expire on the expiry of that day chapter v reinstatement 0, qualified persons called up for national service 4023 (1) in this section,-lteinstatement (a) "former employee" means a qua~ified persori who was released by an employer for employment in national servici; _,,, -(b) "former employer" means the employer by whom a former employee was employed in an establishment immediately be~ot"e ~pe 45 enustment of such employee for national servicej (c) "former employment" means the employment in which the former employee was employed immediately before his enlistment for national service (2) (a) a former employee may, on the termination of his nauonal 5 service, make an application in such manner and within such period as may be prescribed to his former employer for reinstatement in his former employment ~ ~!"!! (b) on receipt of an application referred to in clause (4), the former employer shall be under an obligation (unless the employment of the 10 former employee in the national service was terminated by dismissal for misconduct) to reinstate such employee before the expiry of a period of fifteen days from the date of receipt of such application (3) (4) lf, on receipt of an application referred to in sub-section (2), the former employer refuses to reinstate the applicant on the ground 15 that his' circumstances have so changed as to make it impossible or unreasonable for him to do so, or denies his liability to reinstate s'jch former employee, or represents that the reinstatement by him of the former ~mployee is impracticable, he shall, before the expiry of a period of fifteen days from the date of receipt of such application, make an 20 application to the national service (hardship) committee for relieving him from the obligation referred to in sub-section (2) (b) a former employee, who is not re-instated in his' former employment within fifteen days from the date of delivery of the appucation madre under sub-section (2), may, within a further period of fifteen daya 25 (computed from the date on which the first-mentioned period of fifteen days expires), represent to the national service (hardship) committee that his former employer has not discharged the obligation imposed on him by sub-section (2) (c) on receipt of the application referred to in clause (a) or the 30 representation referred to in clause (b), the national service (hardship) committee shall, after considering all matters placed before it ,and after making buch inquiry in the matter as it may think fit, make an order-(i) relieving the former employer from the obligation referred to in sub-section (2), or 35 (ii) requiring the former employer to re-instate the former employee in his former employment, or (iii) requiring the former employer to pay to the former employee by way of ompensation, tor failure or inability to reinstate him a sum not exeeding an amount equal to six months' remuneration at 40 the rate at which remuneration was last payable by the fonner employer to the former employee (d) where the national service (hardship) committee bas directed the reinstatement of any person in his former employment, the former employer shall be under an obligation to pay to such person salary and 45 allowances at the rates specified by the national service (hardship) committee from the date of receipt of the application referred to in subsection (2) (4) (4) a former employer, who has refused to reimltate his former employee on any of the grounds specified in sub-section (3) and who' cal ~tu:tdor failed, without any realwllable exc~, to make an applicatiorl tn the national service (hardship) committee within the time specified in sub-section (3), shall be punished, without any prejudice to the plx>visions of clause (b) of this sub-section, with imprisonment for a term which may extend to one month, or with fine which may extend to five thouhlld s rupees, or with both (b) if any former emplayer fails to obey any order made by the national service (hardship) committee under sub-section (3), he shall be punished with imprisonment for a term which may extend to one morrth or with fine which may extend to five thousand rupees, or with both, 10 and the court by which such former employer is convicted under this sub-secti-an shall order him to pay to the person whom he has failed to re·employ, a sum not exceeding an amount equal to six months' remuneration at the rate at which his last remuneration was payable to him by the former employer and any amount so required to be paid shall is be l'ecoverable as if it were a fioe imposed by such court (5) where in pursuance of the pi'jvisions of sub-seetion (2) a former employer reinstates his former employee and tbereaft8l" terminates the employment of such former employee at any time within a period of lis months from the date of such reinstatement, the former employer shall, 20 notwithstanding anything to the contrary contained in the conditions of employment of the former employee, be liable to pay to the iiormer employee, at the time of terminating his employment as aforesaid, a sum equal' to the remuneration which the former employee would have eamed under the terms and conditions of his re-employment for the unexpired 2s portion of the said period of six months; provided that a former employer shall not be liable to make such paymeat u a10ruaid where the employment of the former eml'loyee is terminated for the reason that the former employee has been guilty of gross insubordination, habitual absence from work or any serious mis- 30 ccnduct or has been convicted of any offence: prcwided further that a farmer employee whoseemploymel\t is terali na-ted within the said period for any sucb reaaon as aforeeaicl illay i!8fer the matter to the national service (hardship) committee and that committee shall after due consideration, decide whether or not the employer 35 is liable as aforesaid under this sub-section; and any such decision shall be final and binding on the parties ezp14nation: -any sum required to be paid under this sub-section shall be in addition to the amount, if any, which the employer may, under the conditions of employment be liable to pay in r~t of the 40 termination of the employment of the bmer employee without notice (6) no change in the name, constitution or character of the former employer sail affect the right of reinstatement of a former employee who has been released from empjqyment in national service (7) (a) the occupation in which and the terms and condltiods ubder 45 which a qualifled person may be reinstated after eompl~ of·nati0la81 ervice shall not be less favourable to him than those which weuld have been applicable to him had his employment not been interrupted by reason of his being called up or national service (b) in determining the terms and conditioas of re;mtatement of the 50 former employee, regard shall be had to the additional skill aud experienced acquired by such emp10yee in the <:ourse otbjs employment in national service 24 while any qualitia;ld ~son, j'tqtufb1il to r~ ~a1 llu'vioe under this act, has any rights under any provident fund or other scheme 5 for the ·benefit of employees maintained in connection with the ~ployment he relinquishes, he shall continue, so long as he is engaged in national service and if he is reinstated, untll such reinstatement under the provisions of this act, to have in respect of such fund or scheme s1,1t'h rights as may be prescribed preserva tion of certain rights of qualified persona required to render national service chapt'er vi10 0rh!:r offences and penalities 25 (1) if any qualified pe:,son-false statement and forgery is (4) on whom an enlistqlent notice has been served jjnder this act and in respect of whom no postponement certificate is in force or no application or appe tor plitpqnement of national service is pending, fails or omits to render the service which he is required by such notice to render, or (b) having commenced to r-ender national service, leaves that service without obtaining a discharge under section 1'7, 2ol)e ih-all be ~d wjth imprjao~t wr 11 t4lrrn wbu;b mjy e~ tp 4vt yar-s and also with fine which jnu' ex~d4 to two ilujuwu:l j'u,pnf (2) any person who-(a) in giving any information for the purpose of this act, knowingly or recklessly makes a statement which is false in mate$l 25 particulars or which he does not believe to be true, or (b) (i) with the isl~ntion of ~vini, fqrg~s 0j' uw ox lmd,s qr allows to ~ wed fm an), pel'jor i¥l)' ,eertiaeate in~ed ~ twa act, or (ii) makes or bas in his possession, any: docijdl8nt 80 cjgsely 30re,sembung aa1 certificate so issued as to be cakul,aw to ~ecdve shell be punished with impdsenmeat fol' - tel'm rot eicceedtag tjine years, or with 8ne not exceeclidg one thousand rupiletl· or with botb 26 any qualified persqn who contravenes any provision ot this act for the contravention of which no penalty is separately specifted in this 35 act, shall be punished with fine which may extend to five htmdred gejmnl provwoa a to offences - 1'ji(miiiii: provided that in any proceedings for en offence punishable under tbji; sectipd it shall be a defence tor the accused to prove that ~ was prevated from complying with the provisions of this act by clfclirn-40 ~ beyond his control 2'1 (1) where any provision of this act or of any order made thereunder is contravened by a company, every person who at the time the otrencel byeom pan1ea ~travention was made was in charge of, and was responsible to, the com-pany for the conduct of the busipess of the company as well as the co,mpany shall be deemed to be guilty of the contravention and shall be 45 liabl~ to ~ proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render lny such person liable to any punishment, if he proves that the ofience was committed without his knowledge or that he had exercised all due cllligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), \\ cere 5 any such offence has been committed and it is proved that the offence has been committed with the consent or connivance, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence and shall be liable 10 to be proceeded against and punished accordingly explanation-for the purposes of this section-(a) "company" means any body corporate and includes a firm or other association of individualsj and (b) "director" in relation to a firm means a partner in the firm 15 chapter vii miscellaneousinformation to be furnished byuniversities, etc 28 it shall be the duty of every university or other persons having the management of any university, school or other educational institution, to give to the central government, at its request, such information 20 in their possession, or reasonably available to them, about persona receiving, or who have received education in engineering, technology, medical sciences or surgery as the central government may, by notification, specify in this behalf 29 it shall be the duty of every district magistrate to give to the state 25 government such information in his possession about qualitied persons within the local limits of his jurisdiction as may be prescribed, and it ahal' be the duty of every state government to give to the central goverr ment all information in its possession 'about qualified persons in the state 30 information to be furnished by district magistrate priority ofdebu 30 notwithstanding anything contained in the presidency towns insolvency act, 1909, the provincial insolvency act, 1920, the companies 3 of 1909 act, 1956, or the partnership act, 1932, any compensation payable under 5 of 1920 h a -~ 11 h 1 of 1958 t is ct zwa ave priority over all other unsecured debts 9 of 1932 summary trial of oft'ences ' 31 notwithsanding anything contained in the code of criminal pro- 35 b of 1898 cedure, 1898, every offence punishable under this act shall be tried summarily ~ , !' j '_ - ••• ~ 1 '-i 32 no court inferior to that of a presidency magistrate or a magistrate of the tirst class shall try any offence punishable under this act 33 (1) no suit, prosecution or other legal proceeding shall lie against 40 any person for anything which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made thereunder jurisdiction to tr'y oft'ences protection of action taken in eood faith (2) no suit or other legal proceeding shall lie against the central government for any damage caused or likely to be caused for anything 45 which is in good faith done or intended to be done in pursuance of this act or any rules, regulations or orders made thereunder removal of cwilcultiea m (1) if any difficulty arises in giving effect to the provisions of this act, the central government may make such order not inconsistent with the provisions of this act as may appear to it to be necessary for the purpose of removing the difficulty; 5 provided that no order shall be made under this sub-section after the expiry of a period of two years from the commencement of this act (2) every order made under sub-section (1) shall be laid before both houses of parliament as soon as may be after it is made and the provisions of section 38 shall apply to such order as if it were a rule made under 10 this act 35 the central government may, by notification, direct that all or powers to any of the powers which may be exercised by it under this act shall, in delegate such circumstances and under such conditions, if any as may be specified in the notification, be exercised also by any state government or is any other authority owned or controlled by the central government 36 (1) the central government may, by notification, make rules for power to carrying out the purposes of this act make rules (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all cjr any of the following 20 matters, namely:-(a) principles governing the calling up of persons for national service; (b) the form and contents of the national service register; (c) the form in which the certificate of registration is to be 25 issued; (d) manner of notification of preference for any branch of the armed forces of the union; (e) manner of notification of change of name ar address of or acquisition of academic or professional qualification or distinctions by, a qualified person registered under the act; (f) circumstances under which fresh certiftcates of registration in place of certificates which have been lost, destroyed or defaced may be issued; (g) the form and contents of the notice for examination of physical and mental fitness; 3s (h) the scale in accordance with which travelling and other allowances may be paid to medical or other authority or specialist or to any qualified person undergoing any examination of physical and meutal fitness and the scale according to which compensation may be paid for loss of remunerative time; 40 (i) the priorities in accordance with which qualified persons may be enlisted for national service; (j) the form and contents of the enlistment notice and the manner of service thereof; (1c) the scales of salary, wages, auowanceipenlionsj disability imd death compensations and other financial benefit admiiiib1le to bs performing nlltiomtl ser,iee; (l) scales of travelling allowances required to be paid under t1ke ~ct; , (m) authority by whieh and conditions subject to which prior discharge from national service may be made; (rt) the form of discharge certificate; (0) manner of application for a certificate of postponement of liability to be called up for national service or for renewal thereof to and the time within which such application for renewal should be made; (p) conditions of reinstatement <if perllonl released from employment in the national setvit!e and: mauers eonnected therewith; (q) further inquiry which may be made by the national service i5 (hatdshp) committee where reinstatement of qualiied persons released from employment in the natiollal servi~e is refused or denied or where such reinstatement is represented to be impracticable; (r) preservatior of rights of provident fund, etc, of qualified persons rendering national service; 20 (s) infonnation relatihg to quaufied petsodl which every district magistrate shall furnish to the state government; (t) any other matter which is required to be, or may be, pres-~ibed tmdt!t this aet ('~) any rule made under this act may provide that a contravention 25 of the rule shall be punished with ifnprisonment fot' a tc!t1ft not exceeding six months, or with fine not exceeding orte thausattd rup1!e8, or with both ''f the central government may make regulations not inconsistent with this act, to provide for all or any of the following matters, ttjlme1y:-power to make regulations (4) enablinl or requiring a qualified person to be transferred to 30 aay branch of the armed forces of the union or to any other branch of national service; (c) examination of physical and mental fitness of qualified persons subject to registration under this act; (c) determination of the categories in which qualified persons \vhfj!i~ physical and rnet1tal fttiie9s hlul been examined shall be placed 35 by reference to their physicbl or mental conditions or both; (el) specification of the principles to be applied and the circumstances to be considered while hearing of an application fo» the grant or renewal of a postponement certificate , (e) specification m the 'period for which a postponement certifi- 40 cate may be granted or renewed· , (f) any other matter for 'which tegulatlonb sh! required to be or may be, made under this act ' rules and regula tionsto be laid before parlia ment 38 every rule and every regulation made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session, or in two successive 5 sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both holj~ 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 cas may 10 be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or teiulation statement of objects and reasonsin the wake of the chinese aggression, government formulated a com~ pulsory liability scheme whereby engineers and doctors belonging to certain age groups, who were either in government service or in the ser~ vice of any public sector undertaking, were made liable to render service in the armed forces of the union for a specified period it is apprehended that this scheme might lead to a diversion of medical and engineering graduates away from government service or service in any public sector undertaking besides, it has been found that the compulsory liability scheme cannot, by itself, be relied upon to provide a sufficient number of doctors and engineers for the armed forces of the union or for other forms of national service it is, therefore, considered necessary that this liability should be extended to all persons who hold recognised medical qualifica~ tions within the meaning of the indian medic,al council act, 1956, or a degree in engineering or technology, or both it is also felt that the scheme should cover any kind of national s'ervice which the govenunent may specify and that the scheme should not be restricted in its scope to defence efforts only this will have the advantage of widening the base of recruitment to the armed forces of the union and will also help in ensuring that doctors or engineers required for activities of national im~ portance, such as, construction of dams in l'emote and difficult areas, family planning programme and health services in rural areas, etc, become available it will also enable the setting up of an agency fully equipped with detailed and up-to~date information regarding the availability of engineers and doctors and of a machinery for their mobilisation which will be essential in the event of an emerg~ncy 2 the bill seeks to restrict the period for which persons may be called up for rendering national service to a period not exceeding four years 'l'he bill seeks to impose a further restriction to the effect that the liability of a qualified person shall come to an end on his attaining the age of thirty years 3 the bill also provides for payment to persons called up for rendering national service of remuneration at a scale which is not less favourable than the remuneration admissible to similarly placed government employees the bill also provides that where a person, in employment, is called up for rendering national service, his former employer shall be under an obliga~ tion to r~instate him in his former employment on terms and conditions which are not less favourable to him than those to which he was entitled before he was called up for national servioe 4 the bill seeks to give effect to the purposes mentioned above new delhi; k c pant the 20th july 1970 financlal memorandumclauses 11, 12, 13, 14 and 15 of the bill provide for compulsory registration of persons liable to perform national service and the central government is required under the bill to register and enlist qualified persons for national service it is intended that the registration of qualified persons and other items of work connected therewith may be done through the agency of employment exchanges a headquarters establishment would have to be set up to consolidate registration particulars and act on indents, issue various notifications and notices, etc clause 18 of the bill requires the central government to constitute a national service (hardship) committee which will decide on applications for postponement of national service and enforce the re-instatement of an employ~ after completion of the national service the expenditure on account of the staff that may have to be incurred in this connection, together with incidental expenses, will be about rs 5,57,000 per year there will be no non-recurring expenditure memorandum regarding l}elegated legislationclause 86 of the bill gives power to the central government to make rules for caitying out the purposes of the bill the mat~rs in respect m whlch ruch rules may be made relate to the principles governing the calling up of persons for national service, form and contents of the national service register and the certificate of registration, priorities in accordance with which qualified persons may be enusted for national serviee, scales of travelling allowances required to be paid, etc, clause 37 of the bill empowers the central govern1l)j!ot to make regulations 'the power of making regulations is collftned to making provision for the examination of physical and mental fttne:;s of qualified persons subject to registration, determination of the categories to which the persons who have been examined should be placed aod specification of the principles to be applied by the national service (hardship) committee while hearing an application for the grant of postpoaement arti1icate the matters in respect of which any rule or regulation may be made are matters of detail or of procedure within the scope of the general provisions and guiding principles of the act and it is not possible to provide for them in the act the delegation of legislative power is, therefore, of a normal character a billto provide for the registration of qualified pei's(d8 iild for the rendering of national setvice by such persons add for matters cormected therewith (shri krishna chandra pant, minister of stale in the ministry of home affairs) | Parliament_bills | 83bf633e-2071-5072-8b69-47f3f2bbdf0f |
bill no xix of 2006 the representation of the people (amendment) bill, 2006 a billfurther to amend the representation of the people act, 1951be it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the representation of the people (amendment) act,2006short title and commencement5 (2) it shall come into force on such date as the central government may, by notificationin the official gazette appoint2 in the representation of the people act, 1951, in section 8, after sub-section 9, the following sub-section shall be inserted, namely:—amendment of section 8 of act no 43 of 195110 "5 a person against whom a court of competent jurisdiction has framed chargesfor commission of an offence or offences, punishable with imprisonment for a tenure of seven years or more, then, notwithstanding anything contained in sub-sections (1) to (4), such person shall be deemed to be disqualified for a period of six years from the date of framing of charges15provided that if such person upon conviction is disqualified for a specific period,the period of disqualification incurred under the sub section, shall be set off against the period of disqualification incurred by the person under any of the provision of sub-sections (1) to (4)" statement of objects and reasonsit is viewed by a responsible member of the society that, more and more persons, with criminal background are entering into election fray the present legislation, namely, the representation of the people act, 1951, has certain provisions to refrain such people from contesting elections to the house of council of states/people and, yet, section 8 of the act which deals with this aspects, falls short of the expectations of the people who would like to see that even before a person is convicted, if there is sufficient evidence against such person, he should not be allowed to represent people and insult their honour and wisdomalthough section 8 disqualifies a person from contesting elections, if such a person is convicted for offences under certain specified acts, irrespective of the period of conviction, a conviction of minimum 2 years is required to disqualify a person in case of most of the offences in our country, criminal trials take a number of years to reach their logical conclusions, and therefore, existing provisions of law in the matter of disqualification, do not fulfill the aspirations of the people at largefurther, under the existing provisions, even a person charge-sheeted for commission of offence of murder and undergoing judicial custody, pending the trial, is entitled to contest elections surprisingly, many of them have turned successful in their endeavourthe amendment proposed through this bill seeks to refrain, at least, those who are charged of serious offences punishable with imprisonment of 7 years or more since chargesheets prepared by the police cannot be relied upon for depriving the right of a citizen, the proposed amendment seeks to disqualify a person only in cases where charges are framed by a competent courthence this billshantaram laxman naik rajya sabha———— a billfurther to amend the representation of people act, 1951————(shri shantaram laxman naik, mp)mgipmrnd—6490rs(s1)—16-3-2006 | Parliament_bills | e52b4041-ea62-5045-800d-0efa4eecdb41 |
corrigenda to the iiidian explosives (amendment) bill, 1978 (to be/as introduced in 10k sabha)proposed 1 page 4, in the marginal heading tobection; 6a,-for "possesion" ~ rtpossession" 2 page 6, line 17, -be fore ''unsound'' insert "0 fll 3 page 7, against line 30,-in the marginal citation _ for ''96'' ~ "36" 4 page 8, line 16,-afte r "wo rds " ins e rt "and fi gure s " 5 fc-ge 10, line 13,-after "against" insert "and punished" 6 page 15, :: ine 9,-"remi an " re ad "remain" -7 page 16, line 1,-"de story" read -"de s tro y " 8 page 1 7, line 20,-fq£ "au thoi sed" re ad "au thori sed" -new delhi; i ae~l14' 1278 , -;) o ai tru 24, 1900 ( saka) " , bill no 82 of 1978 --- the il'idian explosives (amendment) bill, 1978 a i - bill further to amend the indian explosives act, 1884 be it enacted by parliament in the twenty-runth year of the repubuc of india as follows:- i (1) this act may be called the indian explosives (amendment) i short act, 1978 title s (2) it shall come idtoforce on such date as the central government may, by notiftcation in the official gazette, appoint i in the long title of, and the preamble to, the indian explosivei act, 4 at 1884 l~ ,(hereinafter: referred to as the principal act), for the words "transport and importation," the words "transport, import and export" shall be 10 substituted in section 1 of the principal act, in sub-eaetion (1), the word "indian" hall be omitted and commence_ ment amendment at jod, title and preamble amendmefttof section 1-4 for section 4 of the principal act, the fallowing aection jhall be substttuted, nameiy:-substitution ot new 8e(!-lion tor iection 4 deftnition, '4 in this act, unless the context otherwise requires,- - 15 (0) "aircraft" means any machine which can -derive upport in the atmosphere from the reactions of the air, other than the reactions of the air against the eart~'s surface, and includes 'balloons whether fixed or free, airships, kites, gliders and flying , machines; (b) "carriage" includes any carriage, wagon, cart, truck, vehicle or other means of conveying goods or passengers by s land, in whatever manner the same may be propelled; (c) "district mag!strate", in relation to any area for which a commissioner of police has been appointed, means the commissioner of police thereof and includes-(a) any such deputy commissioner of police, exercis-10 ing ju!l'isdiction over the whale or any part of such area, as may be specified by the state government in this behalf in relation to such area or part; and (b) an additional district magistrate; (d) "explosive" means gunpowder, nitroglycerine, nitro- is glycol, gun-cotton, di-nitro-toluene tri-nitro-toluene, picric acid, di-nitro-phenol, tri-nitro-resorcinol (styphnic acid), cyclo-trimethy lene-'l:rijniiratr¥ne, penta-erythritol-tetranttrate tetry 1, nitroguanidine, lead azide, lead styphynate, fulminate of mercury or any other metal, diazo-di-nitro-phenol, coloured fires or any other 20 " substanae whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals, ftreworks, fuses, rockets, percussion-caps, detonators, cartridges, ammunition of 25 au descriptions and every adaptauon or preparation of an explosive as defined in this clause; (e) "export" means taking out of india to a place o~~side india by land, sea or air; , , (1) "import" means to bring into 'india ftom a plaee! butmde india by land, sea or air; ,30 (g) "master",-(a) in relation to any vessel or aircraft means any person, other than a pilot, harbour master, assistant 1iarbour master or berthing master, having for the time being the 35 charge or control of such vessel or aircraft, as the case may be; and (b) in relation to any boat belonging to a ship, means , , ~ the rrtqst~rdl that ship; <, ) ' 'j' ; ,n (h) "manufacture" in relation to an explosive inclu~ < the 40 proeess of- ': <, : 'i 'j ,: , i' - >, i " l' ~ ~ (1) dividing the explosive into its compcment parts or otherwise breaking up or unmaking the explosive, or making flt for use any damaged explosive; and (2) re-maldng, altering or repairing the explosive; 4s (i) "prescribed"jwt8nb prescrililed by rules li18de under this ,act; ·i: (;) "vessel" includes any ship, boat, sailing vesael, or ~ther del!lcription of vessel used in navigation whether propelled by oars or othel'wise and anything made for the conveyance, mainly by water, of human beings or of goods and a cais'son' s i' i in section 5 of the principal act,-amendment of section 5 (a) in su1>section (1), for the words "transport and importation", ; the words "transport, import and export" shall be llowstituted; (b)' in su~section(2) ,-(i) in clause (e) j tpe word "and" shall be om,itted; 10 (ii) after clause (e), the following clauses shall be inserted, namely~-"(ee) the authority to which appeals may be :t>referred under section 6f, the procedure to be followed by such authority and the period within which appeals shall be pre-is ferred, the fees to be paid in respect' of such appeals and the circumstances under which such fees may be refundedj (eea) the total quantity of explosives that a licensee can purchase in a given period of timej 20 (eeb) the fees to be charged byille chief controller of explosives or any (mcer authorised by him in this behalf, for services rendered in connection 'with the manufacture, transport, import or' export of explosives;"; (iii) in clause (f), after the words "any explosives" the words "or any person or class of persons" shall be inserted; 25 (c) su~section (3) shall be omitted 6 after section 5 of the principal act, the following section shall be, insertwo ot inserted, namely:-new aection 5a fc5a notwithst8llding anytlung in section 5 or in the rules made thereunder wher~ immediately before the commencement of the 1adian explosives (amendment) act, 1978, any person was carrying on the business of manufacture, sale, transport, import or export of any explosive (for which no licence was required under, tbis act betore tis amendment by the indian explosives (amendment) act 19'18), then, such person shall be entitled to continue to carry on such business without licence in respect of such explosive-35 (a) for a period of three months from the date of such commencement; or penons already in buliness in respect of certain explosives to carry on such business without licence for a certain period (b) if before the expiry of the said period of three months, such person has made an application for grant of licence under this act for such business in such explosive, until the flnal disposal of his application, 'w'fdhbever is 'later" , in action 6 of the principal act,-ammdment of nctlon 8 (a) for sub-section (2), the following sub-aection shall be substituted namely:-s 10 "(2) the customs act, 1962 shall have effect in relation to any explosive with regard to the importation of which a notification has been issued under this section and the vessel, carriage or aircraft containing such explosive as that act has in relation to any article the importation of which is prohibited or regulated thereunder and the vessel, carriage or aircraft containing such article,"; (b) sub-section (3) shall be omitted 8 after section 6 of the principal act, the following sections shall be inserted, namely:-insertion of new sections 8a, sb, 8c,8d, se and sf "6a notwithstanding anything in the foregoing provisions of this act,-is (a) no person,-(i) who has not completed 'the age of eighteen years, or (ii) who has been sentenced on conviction of any oftence involving violence or moral turpitude i for a term t>f not less than six months, at any time during a period of five years 20 after the expiration of the sentence, or (iii) who has been ordered to execute under chapter viii prohibition of manufacture, polselion, aale or transport of explosives by youd' perlona and certain other perlons of the code of criminal procedure, 1973, a bond for keeping 2 of 1974 the peace or for good behaviour, at any ·time during the term of the bond, or' 2s (iv) whose licence under this act has been cancelled, whether before or after the commencement of the indian explosives (amendment) act, 1978, for contravention of the provisions of this act or of the rules made thereunder, at any time during a period of five years from the date of can- 30 cellation of such licence, ihbll,-(1) manufacture, sell, trapsport, import or export any explosive, or (2) possess any such explosive as the central govern- 3s ment may, having regard to the nature thereof, by notification in the official gazette, specify; (b) no person shall sell, deliver or despatch any explosive to a person whom he knows or has reason to believe at the time of such sale, delivery or despatch,-(i) to be prohibited under clause (4) to manldacture, sell, transport, import, export or possess 8uch explouve, or \") to be of unsound mind 6b (1) where a person makes an application for licen-ce under grant of section 5, the authority prescribed in the rules made under that licence • section for grant of licences (hereinafter referred to in this act as the licensing authority), after making such inquiry, if any, as it may consider necessary, shall, subject to the other provisions of this act, by order in writing either grant the licence or refuse to grant the same (2) the licensing authority shall grant a licence-10 (a) where it is required for the purpose of manufacture of explosives if the licensing authority is satisfted that the person by whom licence is required-(i) possesses technical know-how and experience in the manufacture of explosives; or 15 (ii) has in his employment or undertakes to employ a person or persons possessing such technical know-how and experience; or (b) where it is required for any other purpose, if the licensing authority is satisfted that the person by whom licence is required has a good reason for obtaining the same 20 6c (1) notwithstanding anything contained in section 6b, the retulnll licensing authority shall refuse to grant a licence--ot licencel (a) where such licence is required in respect of any prohibited explosive; or 2' (b) where such licence is required by a person whom the licensing authority has reason to believe-(i) to be prohibited by this act or by any other law for the time being in force to manufacture, possess, sell, transport, import or export any explosive, or (ii) to be of unsound mind, or 30 (iii) to be for any reason unftt for a licence under this act; or (c) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence 3' (2) where the licensing authority refuses to grant a licence to any person it shall record in writing' the reasons for such refusal and furnish to that person on demand a brief statement of the same unlesa in any case the licensing authority is of opinion that it will not be in the public interest to furnish such statement 60 a licence granted under aecticm 16b may contain in addition to prescribed conditions such other conditions as may be considered necessary by the licensing authority in any particular c"se, licensing authorlty co~n~ to impqae, conditionl in addition to prmcribeel condl tions variation, su8j)enlion and revocation of licencel 6e (1) the licensing authority may vary the conditions subject to which a licenc~ h8$ been granted except such of them as have 5 been prescribed and may for that purpose require the holder of licence by notice in writing to deliver-up the licence to it within , su~ ~eas may be specified in the notice (2) the licensing authority may, on the application of the holder of a licenc~, also vary the conditions of the licen~e except such of 10 them as have been prescribed (3) the licensing authority may, by order in writing, suspend a licence for such period as it thinks fit or revoke a licence,-(a) if the licensing authority is satisfied that the holder of the licence is prohibited by this act or by any other law for the is time being in force to manufacture, possess, sell, transport, import or export any explosive, or is unsound mind or is for any reason unfit for a licence under this act; or (b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or 20 revoke the licence; or (c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for the licence: or zs (d) if any of the conditions of the licence has been contra-"vened; or (e)' if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence 3~ ' (4) the licensing authority may also revoke a licence on the application of the holder thereof (5) where the licensing authority makes an order varying the conditions of a licence under sub-section (1) or an orde,r suspending 'or revoking a licence under sub-section (3), it shall record in writ· 3s ing the reasons therefor and furnish totbe holder of the licence on demand a brief statement of the same unless in any case the licensing autht>rlty is of the opinion that it will not lle in, the pp,plic interest to furniah such statement (6) a court convicting the holder of a licence of any offence 40 under this act or the rules made thereunder may· also subpedd or revoke a licence: ' , ' , ·1 ' provided that if the conviction is set astde on 'appeal 'or otherwise, the suspension or revocation s~l1, become void (7) an order of suspension or revocation \lnder sub-section (6) may also be made by an appellate court or by th,e high court when s: exercising its powers' of revision ' (8) the central government may, by order in tlj1e oftlcial gazette, &uspend or revoke, or direct any licensing authority to ,suspend or revojte, all or any licences gr~ted t,mder this act , throughout india or any part thereof 10 (9) on the suspeil$ion or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspenc;led or revoked or t::l such other authority as may be specified in thi,& behalf in the order of suspension or revocation " is 6f (1) any person aggrieved by an ord~ of the licensing autho-al»peell rity refusing to grant a licence or varying the conditions of, 4 licence or by an order of the licensing authority suspending or, revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and wit~ such 20 period as may be prescribed:' provided that no appeal shall lie against an order made by, or under the direction of, the central government (2) no appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor: 2s provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate auth:>rity that he had sufficient cause for not preferring the appeal within that period i (3) the period prescribed for an appeal shad be compdted in 16 of 1963 30 accordance with the provisions of t4e lin;u~~n act ,1963, with respect to the computation of periods of limitation thereunder e!' ~ i i ! j • ,' "1 ~ - " - « , tf) ewry'appeal under this section' shall be' matle by a petition in wp1:idg~d shall be "acqompanied by a brief statement of the 35 '1, re~ns for' the /qrdm; appealed ~&~inat where such sta~ment has been furnished to the"appeuant and by such fee as may be pres-~ri~ (5) in disposing of an appeal the appellate authority shall follow 'sueh -procedure as may be prescribed: provided that no appeal shall be disposed of unleu the appellant 40 has been given a reaso?able opportunity of beids heard (6) the order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise, be' in force pending the disposal of the appeal against such order - - , (7) every order of 'the appellate authority oojl1irmine, modi- r \ ,! 4s fying or reversing the order appealed against shall 'be ftnal" • in hction 7 of, the principal act,-(4) in sub-section (1),-amend_ mentof eection 7 (i) in clause (a) ,-(1) for the words "any place, carriage or vessel", the words "any place, aircraft, carriage or vessel" shall be s substituted; (2) for the words "transported or imported", wherever they occur, the words "transported, imported or exported" shall be substituted; (ii) for clause (d), the following clause shall be substituted, 10 namely:-"(d) to seize, detain and remove any explosive or ingredient thereof found therein and, if necessary, also destroy such explosive or ingredient"; (b) in sub-section (2), for the words "code of criminal proce- is dure", the words "code of criminal procedure, 1973", shall be 2 of 1974 substituted 10 in section 8 of the principal act,-amendment of aection 8 (a) in sub-section (1) ,- 1 (i) for the words "any carriage or vessel", the words "any 20 aircraft, carriage or vessel" shall be substituted; (ii) for the words "the master of the vessel", tbe words "tbe master of the aircraft or vessel" shall be substituted; (iii) for the words "chief inspector of explosives in india", the words "chief controller of explosives" shall be substituted; 25 (b) sub-section (2) shall be omitted 11 in section 9 of the principal act,-amendment of lection 9 (a) in sub-section (1) ,-(i) for the words "any place, curriage or vessel", the words "any place, aircraft carriage or vessel" shall be substituted; 30 (ii) for the words "the indian forces", the words "armed forc2s of the union" shall be substituted; (iii) the brackets and words "(or in a presidency-town, the commissioner of police) it shall be omitted; (b) in sub-section (2), for tbe words and figures "code of crimi- 35 nal procedure, 1898", the words and figures "code of criminal procedure, 1973" shall be substituted; 15 of 1898 2 of 1974 (c) in sub-section (4), in clauses (b), (c) and (d), for the words "cl,lief inspector of explosives in india", the words "chief controll~r of explosives" shall be substituted amend_ 12 in section 9a of the principal act, in sub-section (1) for tbe ment of words "chief inspector of explosives in india", the words "chief con-hetlon ta ' troller of' explosives" shall be substituted ~ idter section 9a of the principal act, the following sections shall insertion be inserted, namely: '-of new aectioda 9b and dc "9b (1) whoever, in contravention of rules made under section punish-5 or of the conditions o~ a licence granted under the said rulesment for certain (a) manufactures, imports or exports any explosive shall offences : s be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees, or with both; (b) possesses, uses, sells or transports, 'any explosive shall be 10 punishable with imprisonment for a term which may extend to two years or with fine which may extend to tha'ee thousand ru~ or with both; and (c) in any other case, with fine which may extend to one thousand rupees is (2) whoever in contravention of a notification issued under section 6 manufactures, possesses or imports any explosive shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to five thousand rupees or with both; and in the case of importation by water the owner and master 20 of the vessel or in the case of importation by air, the owner and the master of the aircraft, in which the explosive is imported shall, in the absence of reasonable excuse, each be punishable with fine which may extend to five thousand rupees (3) whoever,-(a) manufactures, sells, transports, imports, exports or possesses any explosive in contravention of the provisions of clause (a) of section 6a; or (b) selils, delivers or despatches any explosive in contravention of the provisions of clause (b) of that section, 30 shall be punishable with imprisonment for a term which may extend to three years or with fine or with both; or (c) in contravention of the provisions' of section 8 fails to give notice of any accident shall be punishable,-(i) with fine which may extend to five hundred rupees, or (ii) if the accident is attended by loss of human life, with imprisonment for a term which may extend to three months or with fine or with both offences by companies 9c (1) whenever an offence under this act ha,s been comm1t-·ted by ,a company, every person who at the time the otlence was committed was in charge of, or was responsible to the company for the ccilllduct 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 apinst and punished accordingly: provided that notllina <:ontainec1 in this sub-section shall r4ti\der any such person liable to any punishment under this act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence s (z) notwithatanding anything contained in sub-eection (1), where an ofi~ 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, 10 such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded agatnsi accordtngly explanation-for the purposes of this section,-(a) "company" means any body corporate, and includes a is firm or other assoc;ation of individuals; and (f» "director", in relation to a firm, means a partner in the firm" 14 for section 11 of the principal act, the following section shall be substituted, namely: -20 substitution of new section for 8ec_ tion 11 -distress of aircraft or vessel "11 where the owner or master of any aircraft or vessel is adjudged under this act to pay a fine for any offence committed with, or in redation to, that aircraft or vessel, the court may, in addition to any power it may have for the purpose of compelling payment of the fine, dilfect it to be levied by distress and sale of,-2s (a) the aircraft and its furniture or so much of the furniture, or (b) the vessel and the tackle, apparel and furniture of such vessel or so much of the tackle, apparel and furniture thereof, as is necessary for the payment of the fine" 30 1:; in section 13 of the principal act,-amendment of section 13 (a) for the words "ship or boat", the words "aircraft or vessel" -shall be substituted; (b) for the words "conservator of the port", the words "conservator of the port or officer in charge of the air part" shall be sub- 3s stituted 16 in section 14 of the principal act,-amendment of iection 14 (a) in clause (a) of sub-saction (1), for the words «locuan forces", the woll'ds "armed forces of the union, and ordnance factories or other establishments of such forces" shall be substituted; 40 (b) in sub-section (2), for the worda "any explosive from all or any of the provisions of this act", the words "any explosive add any person or class of persons from all or any of the provisions of th1 act or the rules made thereunder" shall be substituted 17 in section 15 of the principal act-amendment of section 15 11 of 1878 1j4 of 191j9 s ' (a) for the words and figures "indian arms act, 1878", the words and flgul'es "alrms act, 1959" shall be substituted, (b) in the proviso, the word "indian" shau be omitted 18 after section 17 of the principal act, the following section shall be inserted, namely:-inaertion olnew section 17a power to delegate 10 "17a the central (;()vemment may, by notification in the omcial gazette, direct that any power or function which may be ,:xercised or performed by it under this act other than the power under sections 5, 6, 6a, 14 and 17 may, in relation to such matters and subject to such conditions, if any, as it may specify in the notification, be exercised or performed also by-15 (a) such officer or authority subordinate to the central government, or (b) such state government or such ofticer or authority subordinate to the state gcnernment" 19 in section 18 o,f the principal act, after sub-section (1), the fol-amend-20 lowing sub-section shall be inserted, namely:-ment of section 18 25 30 "(8) every tole made under this act shall be laid, as soon as may be after it is made, before each house of parliament, whtle 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, bef()li'e the expiry of the session immediately following the session or the successive sessions aforesaid', both houses a'gtee in making any modification in the rule ot both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modjfied form or be oil no effect, as the case rdilv 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 indian explosives act, 1884 was enacted nearly a century ago when there were no indigenous manufacturers of high explosives in this country and only a few simpler type of explosives were manufactured 2 after independence many large and small companies began to manufacture high explosives there was a general complaint from the industry that the explosives act, which was based on the old british pattern, was not adequate to meet the country's growing requirements and result-·ed indifticalties for the industry with a view to removing the shortcomings in the indian explosives act and to obviate the difficulties experienced by the industry, the government appointed in 1966 a committee on explosives to suggest ways and means for removal of the difficulties experienced in the working of· the act this committee submitted its report suggesting a number of amendments to the indian explo~ives act these recommendations have been accepted by the government the more impo'rtant amongst these recommendations are--(a) enlargement of the definition of "explosive" to include therein some modern explosives; (b) providing for variations of conditions of licences granted under the act or for suspension and revocation of the licence, for appeals against the orders of the licensing authority; and (c) empowering the central government to exempt any person or class of persons from the provisions of the act or the rules made thereunder the main object of the bill is to give effect to the recommendations of the committee on explosives 3 opportunity is also being taken to insert a provision in the act for the laying of rules made under the act before the parliament in accordance with the recommendations of the committee on subordinate legislation george fernandes new dzun; the 28th march, 1978 memorandum regarding delegated legislationsub-section (~) o£ section 5 of the indian explosives act, 1884 (4 of 1884) enumerates the matters with respect to which the central government may make rules clause 5 of the bill which seeks to amend that sub-section, provides for the following matters also with respect to which the central government may make rules, namely:-(<1) the authority to which appeals may be preferred under section 6f, the procedure to be followed by such authority and the period within which appeals shall be preferred, the fees to be paid in respect of such appeals and the circumstances under which such fees may be refunded; (b) the total quantity of explosives that a licensee can purchase in a given period of time; (c) the fees to be charged by the chief controller of explosives or any officer authorised by him in this behalf, for services rendered in connection with 'the manufacture, transport, import or export of explosives 2 clause 8 o~ the bill seeks to insert a new section 6f in the act this section which provides for an appeal against the orders of the licensing authority empowers the central government to prescribe by !i1lles, inter alia, the period within which the appeal may be filed ilnd the procedure that may be followed by the appellate authority in disposing of an appeal 3 the aforesaid matters with respect to which rules may be made, are matters of detail and it is not practicable to provide for them in the bill the delegation of legislative power is, therefore, o~ a normal character extracts from nm indian explosives at:t, 1884(4 of 1884) - - - - - an act to regulate the manufacture, possession, use, sale, transport and impoli'tation of explosives whereas it is expedient to regulate the manufacture, possession, use, sale, transport and importation of explosives; it is hereby enacted as follows:-1 (1) this act may be called the indian explosives act, 1884; and short title - - - - - 4 in this act, unless there is something repugnant in the subject or definl eontext,-tions (1) "explosive"-(a) means gunpowder, nitro-glyceritle, dynamite, guncotton, blasting powders, fulminate of mercury or of other metals, coloured fires and every other substance, whether similar to those above--mentioned or not, used or manufactured with a view-to produce a practical effect by explosion, or a pyrotechnic,eft'ect; and (b) includes fog-sigjiflls, fireworks, fuses, roekets, percussioncaps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive as above defined; (2) "manufacture" includes the process of cuvloin'g into its component parts or otherwise breaking up or unmakin~ any explosive, or making fit for use any damaged explosive, and the process of remaking, altering or repairing any explosive; (3) "vessel" includes every ship, boat and other vessel used in navigation, whether propelled by oars or otherwise; (4) "carnage" includes any carriage, wagon, cart, truck, vehicle or other means of conveyin,;( goods or passengers by land, in whatever manner the same may be propelled; (5) "master" includes every person (except a pilot or harbourmaster) havinjl for the time being command or charge of a vessel: provided that, in reference to any boat belonging to a ship, "master" shall mean the master of the ship; (6) "import" means to bring into india, by sea or land s (1) the centj'el gov~lullent may, for any part of india mak~ ruies consistent with this act to regulate or prohibit, ,except under and in accordince with the conditions of a licence granted as provided by those rules, the manufacture, possession, use, sale, transport and importation of fil,xplosives, or my specified class of explosives (2) rules ·under this section may provide for all or any of the following, among other matters, that is to say:-! ' ' - - - (e) the period for which licenses iu'e to remian in force; and power to make rules as to licensing of the manufacture, pos_ session, use, sale, transport and importation of explosives , ' - i ' (j) the exemption , absolutely or subject to conditions of any explosive from the operation of the rules (8) any person contravening the rules made under this section shall be 'punishabie,-(a) if 'he imports or manufactures any explosive in such conttavention, with imprisonment' for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both; " (b) if he possesses, uses, sells or transports any explosive in such contravention, with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both; and (c) in 'any other case, with fine which may exte~d to one thousand rupees 6 (1) - - - - - (2) the officers of sea customs at every port shall have the same power in respect of any explosive with regard to the i~p~tation of which a notification has been issued unqer this section and the vessel containing the explosive as they have for the ti~ being in fel$pect of any article the importation of which is prohibited or regulated by the law relating to sea customs and the vessel containing the same; and the enactments for the time being in force relating to sea customs or any such article or vessel shall apply accordingly | power | for ||------------|--------|| central | || govern_ | || ment | || to | || prohibit | || the | || ma- | || nufacture, | || posses- | || sion | or || importa_ | || tion | of || specially | || danger- | || ous | || ex- | || plosives | |(3) any person manufacturing, possessing of importing an explosive in contravention of a notification issued under this section shall be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both and, in the ~ase :of itnportation by water, the owner and master of the vessel in which the exploslve is imported shall, in the· absence of reasonable excuse, eaehbepunishable with flne: which may exte~d to five thousanq rupees 7 (1) the central government may make rules consistent with this act authorising any officer, either by name or in virtue of his office-power to make rules conferr_ ing powers of inspection, search, seizure, detention and removal (a) to enter, inspect and examine any place, carriage or vessel in which an explosive is being manufactured, possessed, used, sold, transported or imported under a ucense granted under this act, or in which he has reason to believe that an explosive has been or is being ~anufactured, possessed, used,' sold, transported or imported in contravention of this act or of the rules made under this act; - - • co' - - ttl) to seize, detain, remove and, if necessary, destclry any expid,; bw found therein (2) the provisions of the code of criminal procedure, relating to 10 of 1882 searches under that code shall, so far as the same are applicable, apply to searches by officers authorised by rules under this section notice of accl dents 8 (1) whenever there occurs in or about, or in connection with, any place in which an explosive is manufactured, possessed or used, or any carriage or vessel either conveying an explosive or on or from which an explosive is being loaded or unlpadted ,any accldent by explosion or by fire attended with loss of human life or serious injury to person or property, or off a description usually attended with such loss or injury, the occupier of the place, or the master of the vessel, or the person in charge of the carriage, as the case may be, shall within such time and in such manner as may be by rule prescribed give notice thereof and of the attendant loss of human life or personal injury, if any, to the chief inspector of explosives in india and to the officer in charge of the nearest policestation (2) whoever in contravention of sub-section (1) fails to give notice of any accident shall be punishable with fine which may extend to five hundred rupees or if the accident is attended by loss of human life, with imprisonment for a term which may extend to three months, or with fine, or with both inquiry into aecid-ents 9 (1) where any accident such as is referred to in section 8 occurs in or about or in connection with any place, carriage or vessel under the control of any of the indian forces, an inquiry into the causes of the accident shall be held by the naval, military or air force authority concerned, and where any such accident occurs in any other circumstances, the district magistrate (or in a b1'esidency-town, the commissioner of police) shall, in cases attended by loss of human life, or may, in any other case, hold or direct a magistrate subordinate to him to hold, such an inquiry (2) any person holding an inquiry under this section shall have all the powers of a magistrate in holding an inquiry into an offence under the ~ode of criminal procedure, 1898, and may exercise such of the 5 of 1898 powers conferred on any officer by rules under section 7 as he may think it necessary or expedient t(l exercise for the purposes of the inquiry - - - - - (4) the central government may make rules-- - - - - (b) to enable the chief inspector of explosives in india to be present or represented at any s'tlch inquiry; (c) to permit the chief inspector of explosives in india or his representative to examine any witnesses at the inquiry; (d) to provide that where the chief inspector of explosives in india is not present or represented at any such inquiry, a report of the proceedings thereof shall be sent to him; - - - - - distress ot vessel 11 where the owner or master of a vessel is adjudged under this act to pay a fine for ,an offence committed with, or in relation to, that vessel, the court may, in addition to any other power it may have for the purpose of compelling payment of the fine, direct it to be levied by distress and sale of the vassel, and the tackle, apparel and furniture thereof, or so much thereof as is necessary - - - - - power to arrest without warrant persons committing dangeroua offence8 13 whoever is found committing any act for which he is punishable under this act or the rules under this act, and which tends to ca~se explosion or fire in or about any place where an explosive is manufactured or stored, or any railway or port, or any carriage, ship or boat, may be apprehended without a warrant by a police-officer, or by the occupier of, or the agent or servant of, or other person authorised by the occupier of, that place, or by any agent or servant of, or other person authoised by, the railway administration or conservator of the port, and be removed ff"om the place where he is arrested and conveyed as soon as conveniently may be before a magistrate 14 (1) nothing in this act, except sections 8, 9 and 9a shall apply to the manufacture, posses~ion, use, transport or importatio~ of any explosive- , '" sav1n& and power to exempt (4) by any of the indian forces in accordance with rules or regulations made by the central government; - - - - - (2) the central government may by notification in the official gazette exempt absolutely or subject to any such conditions as it may think fit to impose, any explosive from all or any of the provisions of this act 11 of 1878 is nothing in this act shall affect the provisions of the indian arms act, 1878: saving of indian: arm8 act, 1878 provided that an authoritygr~tjpg a license under this act foil' the manulecture, possession, sale, transport or importation of an explosive may, if empowered in this behalf by the rules under which the license is granted, direct by an order written on the license that it shall have the effect of a like license granted under the said indian arms act - - - - - 18 (1) an authority making rules under this act shall, before making the rules, publish a draft of the proposed rules for the information of per· ions likely to be affected thereby - procedure for making, pubucatlon and cod!!' matton of rulei a bill further to amend the indian explosives act, 1884 (shri george fernandes, minister of industry) | Parliament_bills | 98c5acd2-73a4-585e-b13b-df58f6253f40 |
bill no 74 of 2016 the indian penal code (amendment) bill, 2016 byprof saugata roy, mp a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—2 for section 124a of the indian penal code 45 of 1860, the following section shall be substituted, namely:—substitution of new section for section 124asedition5"124a whoever, by words, either spoken or written or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards the principles of democracy, secularism or national unity enshrined in the constitution of india or when such words or actions directly results in the use of violence or incitement of violence and results in the commission of a grevious offence shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fine10explanation 1—the expression "disaffection" includes disloyalty and all feelings of enmity15explanation 2—comments expressing disapprobation of the measures of the government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this sectionexplanation 3—comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section statement of objects and reasonsthe offence of sedition in the indian penal code, 1860 has been a subject of controversy for a long time many of our freedom fighters were charged under this including bal gangadhar tilak, annie besant and mahatama gandhi recently, a few students of jawaharlal nehru university, delhi were arrested reportedly on the charge of sedition, which has been opposed by many the need is to amend section 124a of the indian penal code, 1860 in the interest of democracy and freedom of expression as enshrined in article 19 of the constitution of indiahence this billnew delhi;saugata roymarch 2, 2016 annexure extract from the indian penal code, 1860 (45 of 1860)124a whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the government established by law in india, one shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to three years, to which fine may be added, or with fineexplanation 1—the expression "disaffection" includes disloyalty and all feelings of enmityexplanation 2—comments expressing disapprobation of the measures of the government with a view to obtain their alteration by lawful means, without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this sectionexplanation 3—comments expressing disapprobation of the administrative or other action of the government without exciting or attempting to excite hatred, contempt or disaffection, do not constitute an offence under this section———— a billfurther to amend the indian penal code, 1860————(prof saugata roy, mp)gmgipmrnd—5320ls(s3)—16042016 | Parliament_bills | 82689f1c-0803-5c39-8b35-3d3b6377eec6 |
bill no 13 of 2008 the anganwadi workers (regularisation of service and other benefits) bill, 2008 by shri hansraj gangaramji ahir, mp a billto provide for regularisation of the services and conferring the status of permanentemployees of government on anganwadi workers and for matters connectedtherewithbe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the anganwadi workers (regularisation of serviceand other benefits) act, 2008short title, extent and commencement5(2) it extends to the union territories only(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) ''anganwadi'' means an anganwadi centre set up under integrated child development services scheme of the central government;5(b) ''anganwadi worker'' means any person working in an anganwadi and includes anganwadi helper; and(c) ''prescribed'' means prescribed by rules made under this actregularisation of services of anganwadi workers103 (1) the central government shall, by notification in the official gazette, takesteps to regularise the services of anganwadi workers and confer the status of group ''d'' employee of the government on such anganwadi workers who are serving in anganwadi centres immediately before the commencement of this act(2) every anganwadi worker whose service has been regularised shall be entitled to such tenure, terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits which are available to group ''d'' employees under the central government154 the central government shall take steps to provide accommodation to all anganwadi workers within the vicinity of their workplaceaccommodation to anganwadi workers205 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 difficultypower of central government to remove difficultiessavings6 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 forcepower to make rules7 (1) the central government may make rules for carrying out the purposes of this act2530(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsanganwadi centres were started in the country by central government for implementation of the integrated child development services scheme which includes women literacy, health awareness and child welfare scheme these anganwadi centres are contributing a lot to the development of society in rural and remote areas for the last many years anganwadi workers are properly performing the work of dissemination, publicity and implementation of various schemes of the government in rural areas however, these anganwadi workers do not have any job security and are paid paltry sum as honorarium for their work this may adversely affect the working of these anganwadi workers in view of the importance of service provided in these anganwadi centres, the strength of anganwadi workers has increased from 8 lakh to 14 lakh in the whole of the countryit is improper to pay very low remunerations to anganwadi workers who are working as an important chain between the government and people at village level for effective implementation of women and children related welfare schemes therefore, the service of these workers should be recognized and they should be given the status of 'group d' employees of the government the bill seeks to provide for regularisation of the services and conferring the status of 'group d' employee of the government on these anganwadi workersnew delhi;hansraj gangaramji ahirnovember 14, 2007 financial memorandumclause 3 of the bill provides for regularisation of services of anganwadi workers and other benefits to them analogous to the group ''d'' employees of the central government clause 4 provides for provision of accommodation to the anganwadi workers within the vicinity of their workplace the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india a recurring expenditure of about rupees five thousand crore is likely to be incurreda non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, thus delegation of legislative powers is of a normal character———— a billto provide for regularisation of the services and conferring the status of permanent employees of government on anganwadi workers and for matters connected therewith————(shri hansraj gangaramji ahir, mp)mgipmrnd—291ls(s5)—19022008 | Parliament_bills | 0c08dccd-e726-5412-b6e4-d0180ad5afc7 |
memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the purposes of this bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character | Parliament_bills | 36b6042e-e7d3-5a57-817b-e3951b46673e |
the represent~til t'l l-f the pecple (pj·tendn::'jt) rill, 1980 1 - pase 2, line 30, -lof "tv" read "so h 2 page 4, line 16,-for "lingehoti" !fad "lingchom" j' 3 page 4, line 45,-for "~l anipur" ~j "~lanpur" -4 page 5, line 34,-f0r "sudanglkha" ~~ "sudanglakha" 5 page 6, line 17,-~ "naqanamger" ~ "naqanamql·r" 6 page 6, line 18,-read --"r,: angan l 7 page 11, line 1(,,-janu~rv 22 1980 'i:~_,j -··>-l"--·fr-'-~-::\mag n a 2 , 90 1 ~ s a k a i the representation of the people (amend- ment) bill, rq80 a billfurther to amend the representation of the people act, 1950, and the repre,entation of the people act, 1951, to p1"ovide for the rea4;unment of as,embly conrtitutncles in the state of sikkitrn sa it enacted by parliament in the thirtieth year of the republic ei india al followe:-1 (1) thia aet may be clthed the representation of the people (amendment) act, 1980 s (z) it ihall be deemed to have come into force on the 1st day of september, 1979 amidtlment of eeet10n '1 ot act fli of ltag , z xn mction 7 of the representation of the people act, 1960,-(a) in sub-eection (1), for the words "the total number of seatl", the words, brackets, figure and letter "subject to the provisions of aub-hction (la), the total number ot seats" shall be substituted; (b) after sub-section (1), the following sub-section shall be inaerted, namely:-, (la) notwithstanding anything contained in lnb-aection (1), the total number of seats in the legialative auembly of the state of slkkim, to be constituted at any time after the commencement of the representation of the people (amendmldt)" act, 1980, to be filled by persons chosen by direct election trco assembly constituencies shall be thirty-two, of which-(a) twelve seats shall be reserved for sikkim8lle of bhutia-lepcha origin; (b) two seats shall be reserved for the schedule4 s castes of that state; and (c) one seat shall be reserved for the sanghas referre4 i to in section 25a ezplanation-in this sub-section "bl1"ltia" includes chumbipa dopthapa, dukpa, kagatey, sherpa, tibetan, tromopa and yolmo'; 10 (c) in sub-section (2), for the words, brackets and figure 'ja sub-section (1)", the words, brackets, 1igu!'es and letter "in sub-section (1) or sub-section (la)" shall be substituted; (d) in sub-section (3),-(i) for the words, \>rackets, figures and letter "subject to is the provisions of sub-section (3) of section 7a, the extent of each assembly constituency in all the states and union territori_ except the assembly constituencies", the words "the extent of each assembly constituency in all the states and union territoriea except the assembly constituenciea in the state of sikkim and" ~o &hall be substituted; 7 ttf 1i'7s (ii) after the words and figures "the delimitation act, iin2", the following shall be inserted, namely:-"; the extent of each assembly constituency in the state of sikkim shall be as provided for in the delimitation of ~s parliamentary and assembly constituencies order, 1978, 81 amended by section 4 of the representation of the people (amendment) act, 1980" 3 in the representation of the people act, 19501, section m aball b re-numbered as sub-section (1) thereof, and after sub-section (1) as to 30 re-numbered, the following sul>section shall be insetted, namely:-amendmento! -etion mot act a of 1861 - (z) notwithstanding anything contained in section 5, a period shall not be qualified to be chosen to fill a seat in the leg:lalatiw assembly of the state of sikkim, to be constituted at any time after the commencement of the representation of the people (amdd- 3s ment) act, 1980, unless-~" ~',,"'" f y r ,0,',' tt·1:f '" (8) in the case of a seat reserved for sikkhnese of bhutla-lepcha origin, he is a person either of bhutia or lepeha origin and is an elector for any assembly constituency in tjie state other 'chan the constituency reserved for the sanghas; 40 c~~r!~ ''''-, , '' (b) in the case of a seat reserved for the sebecluled castes, he is a member of any of those castes in the state of si1dldm and it an elector for any assembly constituency in the state; (c) in the case of a seat reserved for sanghas, he fa·ad elector ,ot the sangha co~tituency; and 45 (4) in ~ ·0pe of any other aeat, he is an ~ for an, assembly constituency in the state eqlanation-in thhl iulb-section ubhutia" includes chumbipa, dopthapa, dukpa, kagatey, sherpa, tibetan, tromopa and yolmo' s 4 the delimitation of parliamentary and assembly constituencies order, 1976, shall stand amended as directed in the schedule amendmento! delimitation of parliamentary and a-sembly constituencies order, 1976 the schedule (see section 4) amdmmitnts td the dli:limitation of parliamj:ntary un> assd«my 10 constltvencii's order1 1976in the delimitation of parliamentary and assembly consutuencies order, 1976-(i) in paragraph ~ (a) for the words "and where such name", the wor ''where 8~ch name" shall be substituted; is 20 (b) after the words "scheduled tribes", the words, brackets and letters '; and where such name is distinguished by the brackets and letters "(bl) ", the seat in that constituency is reserved for the sikkimese of bh'utia-lepcha origjn' shall be inserted; (c) the following explanation shall be inserted at the end, namely:-'explanation-in this paragraph, "bhut1a" includes chumbipa, dopthapa, dukpa, kagatey, sherpa, tibetan, tromopa and yolmo'; (u) in schedule ii,-(a) for entry 18, the following entry shall be substituted, narnely:-i 30 3s "18 silgkim 2 12 (reserved for sikkimese of bhuuat-lepeha origin)"; (b) in the note at the end, for the words and ftgure ·'ineludes 1 seat reserved for sangha constituency", the follow ing, shall be substituted, namely:-uincludes 1 ~at reserved for sangha eol15tituency tlncludes cbumbipa, dopthapa, dukpa, kagatey, sherpa, tibetan, tromopa and yolmo'· (iii) after schedule xix, the following schedule sball be in mried, namely:- 'schedule xix-a sikktm: assembly constltuencim s serial no, name and extent of constituency 1 yobam-yoksam, lawing, dubdi, gerethang, ketehopheri, choja tbfngling i and thingung ii blocks in ketchopheri elakha; chumbung, nako, singeng, singdarang, darap, nambo, topong and singrapong blocks in pemoyongtse elakha; and tingbrom, singh 10 tam, melli and melli-aching blocks in melli elakha of west district j tuhitm (bl)-dhupidara, narkhola, mangnam, labdang, kongri, gangep, chungrang, arithang, lasso, tashiding, yangtey, onglep and bhaluthang blocks in tashiding elakha ·of west district 3 geyzine-omchung, geyzing, kyongsa, lungjik and pemoyongtee 15 blocks in pemoyongtse elakha; tikjek, sardong 'and lingehoti blocks in sangacholing elakha; and y~ang block in yangthang e1akba of west district; and lekship block in wak-sosini elakha of south district 4 deat:am-licning, begha srinagi gyaien, karmatar, sopakha,20 maneybong, mangmoo, dentam, sapung, bongten radhukundu and sankhu blocks in yangthang elakha of west d1atrict i bumiok-hee, martam, banniok, barthang, hee patal and pac:harek blocks in yangthang elakha; and miyong, megyong, chinthang and bartok blocks in rinchenpong elakha of west district 25 •• iuddleapollg (bl)-5angdorji hathidunga, jeel, boom, reshi (a) reshi (b), rinchenpong, tadong, samdong, sribadam (a) and sribadam (b) blocks in rinchenpong elakha; and takuthang, cbuchen, dethang and parengaon blocks in chakung elakha of west district; and sangnath block in wak·sosing elakha of south 30 district '7 chakung-tinjerbong, suldong, kamling singyeng mabong, sul'ltoley, khani sirbong, arubotey, samsing, gelling chakung mendogaon, samdong and chumbung blocks in chakuni elakha of west district 35 fsoreong-soreong, soreong bazar singling timberbong, burikhop, kartok, malbasey and tarpu blocks in chakung elakha of west district t daramdin-rumbuk, burikhop, lower daramdin, lower thambunl upper thambung, sallyng dang, lungehok, siktam, tikpur, okh- 40 rey, ribdi and bhareng blocks in daramdin elakha of west district 18 lontiuuia-nayabazar-joomblock in chakung el·kh of west cbtrict; salghari, dorop, dhargaon, chisopani, tinek, poklok-denchung, asangthang sambung, kopcbe and mik-khola blocks in namchi elakha; and shyampani, borok, manipur, kitam rmd 45 gam blocks in kitam elakha of south district --_ _--------__----_ __-__----- ------- _---serial no, name and extent of constituency --------_ __ _ _------ ---_ _---_ __ __---_- - ---11 balan, (bl)-sada, famtam, bnng and polot blocks in brang elakha; namlung, lingding ralang jorang-biring, barfong and dethang blocks in ralang elakha; and bakhim, kewzing, dalep and 5 lingzo blocks in wak-sosing elakha of south district iz wak-hingdam, lamaten, tingmo, tinkitam, omchu, chumlok, wak, rayong and mangbrue blocks in wak-sosing elakha; ben, namphrik, rabang and sangnw blocks in ben-namphrik elakha; and deo block in temi-tarku elakha of south district 10 13 damthang-damthang, jaubari, chemchey, pabong, boomt8'l", sallybung, maniram, phallidara, tingrithang, mamley, gumba, pajer, tinjir, karnrang and singithang blocks in namchi elakha; and singtam, bul, palum and rong blocks ill turuk-sumbuk elakha of south district 15 14 meul-melli bazar, melli dara, kerabari, suntoley, sukhbari, turuk, rambung, panchgharey, lungchok, kamarey, sumbuk, kartikey, suntoley (sumbuk), paiyong, rabitar and sadam blocks in'turuk-sumbuk elakha of south district 15 rateypani-west pendam (sc)-rabikhola, tangji, bigmat, rateypani 20 and passi blocks in rateypani elakha; kating-bokran, pamphok, nalam kolbung, nagi, palitam, maneydara, kabrey, kanamtek, tunmg, donok and mamring blocks in namthang elakha of south district; and west pendam block in namthang elakha of east district 2s 16 temi-tarku-tanak, tarku, temi and aiialtar blocks in temi-tarku elakha; pabong, daring, todey, reshep, tokel, namphing, barmiok, thangsing, chalamthang, nizarmeng, rameng and burul blocks in banniok elakha; and parbing, fong, chhuba and km'ek blocks in , namthang elakha of south district 3017 central pendam-east pendam-singtam bazar, swnin, lingjey and mangthangblocks in sumin elakha; and central pendam, east pen dam, rangpo bazar, kamerey-bhasmey, pachak and sajong blocks in pendam elakha of east district is rhenock-rhenock, tarpin, rhenock bazar, mulukey, sudanglkha 35 and kyongsa blocks in rhenock elakha; biring, taretbang and taja blocks in amba-t8'l"ethang elakha; and linkey block in p~thing elakha of east district 19 regu-aritar dalapchand and khamdong blocks in rhenock elakha; and chuzachen, change lakha, north regu, south regu, rongli 40 bazar, singanebas, premlakha and subhaney darablocks in: chuzachen-regu elakha of east district zo pathing (bl)-changay senti and pachey-'samsing blocks in changay8enti elakha; amba and thekabung blocks in amba-tarethang elakha; parkha, riba, machong, latuk and chuchenphery 4s blocks in chota and bara pathing elakha; and rolep lama ten, lingtam, phadamchen and gnathang blocks in chuzachen-regu elakha of east district -------_ _--------_ __---__--__---_ _------------ serial no, name and extent of constituency - ______ n_ _ _ ______ _zl- p~h i_chgta singtam and aho-yangtam blocb in aho-pahm-yangtam elakha; and namchebung, karlok, dikllng cbalamthang, loosing, pachekhani, dikling pachekhani, bengtbang and pakyong bazar blocks in pakyong elakha of east district 5 10 zz &br •• on( (sc)-manzing, tokdey, nehbrom, kolthang, peptbang and lingmo blocks in lingmo-nehbrom elakha; rangang, yangang, gaeyong, satam, namphok and sripatam blocks in yangang ejakha of south disttict; and singbei, dungdung, lchamciong, beng, thangsing-bodang and thasa blocks in khamdong elakha of east district 23 djoe,p (bl)-upper djongu and lower djongu blocd in djongu elakha of north district; and sokpey, lingi, upper paiyoog, lower paiyong and kahu blocks in lingi-paiyong elakha of south diatll'1ct 24 laehenmadealaila (bl)-lachen block in lachen elakha; lachung is block in lachung elakha; chungthang block in chungthang elakha; naganamger, singchit, tung, wyong, sentam, pakshep, kajor, singchik ringem, jimchung, nampatam and mangam bazar blocks in malling elakha; and sayem, tanyek, ramthang, upper mangshua, lower mangshila, namok and thingcllen blocks in phodong elakha of north diatrict 20 25 kaw tin (bl)-rongong, tumlung and phodong blocks in phodong e1akha; phensang, labi, phamtam, chaw811g, men rongong, kabi-tingda and phaney blocks in phensang-kabi-tingda elaknl of north district; and sotak, nabey and penlong blocks in penlong elakha; and lingdok and nampung blocks in rakdong tintek e1akha of east district 26 jajutoq-tintek(bl)-ltakdorg and tintek blocks in rekdong-tintek elakha; samdong-kambol and raley-khase blocks in samdong elakha; tumin, simik and chandey blocks in tumin-chandq elakha; and patuk, simik aritir and lingjey blocks in khamdong 30 elakha of east district 27 mariam (bl)-sirwani, sakyong, cbisopani, rabdang, ch\llamthang, byang, nagethang, martam, phegyong, nazitam and trikutam blocks in song-martam elakha; and chhuba, nemli marchak, samlik, namin and tumlabung blocks in rumtek-marchak elakha 35 of east district '28 bumtek (bl)-mendu, tempyek, 'sajong, chenjey, rawte rumtek, ileybl'ok and lingdum blocks in ranka-lingdum elakha; am taclong, samdur, deorali, deorali bazar and tadon,g ~ blocks ii'l tadgllg elakba of east district 40 •• auam-lidciey (bl)-pahm, bbusuk,' namok, naitam, n8ftdok~ lia, qd asaim bl~ in aho-olingjeypahm-sinfam e111'kh1; am ttbangchen, rmlp'k and syari blocks in tathangcben ~a of ji'ut cti5trict 30 ,aka (bl)-parbing, rank, barbing, songtong, bortuk, luwing 45 suchaqang and clumdmari blocks in ranks elakba of beat district -,---------~ -----_ -------- --- ------__-_ serial no, name and extent of constituency -------_ __ ---_ _--__--__---31 gan~-gangtok block [including (a) gangtok town, (b) gangtok bazar and (c) development area] of east district note:-any reierenee in this table to a distrlet, e1akha, block or other s wrrltorial dtviaien shall be taken to mean the area comprised ~ that district, elakha, block or other territorial division on the 26th day of april, 1975 roo • (1) the representation of the people (amendnmnt) ordblrce, repeal 19ft, is heteby repealed add 7 tim ayidc 10 {2) notwithstanding such repeal, anything done or any actien taken under the ltepresentation of the people act, 1950, the representation of the people act, 1951 or the delimitation of parliamentary and aslemwy 43 of l~o dot 1~1 cons~tuencie8 order, 1976, as amended by the said ordinance, shall be deemed to have been done or taken under the representatio-u of the is people act, 1950, the representation at the peopie act, 1951 oj the delimitation of pa!'liamentary and assembly constituenc1es order, 1978, u amended by thia act the assembly for sikkim fonned as a result of the elections held id sikkim in april, 1974 comprised of 32 members all the seats in this assembly were reserved-15 each for sikkimese of bhutia-lepcha origin and sikkimese of nepali origin and one each for scheduled castes and for sanghas belonging to monasteries the constitution (thirty-fifth amendment) act, 1975 by which sikkim became a state of india, inserted in the constitution a speciail artiale--erticle 3'71f-with respect to 'sikkim for deeming this assem~ to be the flrst· legislative assembly of the state of sikkim under the constitution, and for making other special provisions vvith 'i'e5pect to the state clause (f) of the said article 371f enabled parliament to make, for the purpose of protecting the rights and interests of different sections of the population of sikkim, provision for the number of seats in the legislative assembly of the state which may be ftlled by candidates be--longing to such sections and for the delimitation of the aseembly cdilstltuencies from which candidate6 belonging to such sections alone may stand for election to the legislative assembly of the state 2 with a view to facilitating the holding of a general election for the purpose of constituting a new legislative assembly for the state of sikkim on the ~piration of the duration of the first legislative a88emb~ of the state under the constitution, a bill entitled "the bepreeentation of the people (amendment) ~ill, 1979" was introduced in the sixth lok sabha on the 18th may, 1979 this bm sought to make provision for the re-adjustinent of the assembly constituencies in the state of sikkim and for the reservation of seats in the legislative assembly the following passage from the 'statement at objects and reasons appended to this bill explains the basis on which reservations were provided for in the bill: "under the existing an-angements, the seata in the alamblyf [the assem1lly formed in 1974] are reserved for the nepa1e1e, bhutias and lepehas, the scheduled castes and the sangbas beo longing to the monasteries as a ;result, other residents of sikkim are not eligible to contest elections to the assembly in the ctrcumstances it has become necessary to modify the ex:iddg !let up • so as to ensu'l'e a fair representation to all sections at the population of the state in the assembly at the same time it is considered that if the bhutias and lepchas who are the origidal :inhabitants of sikkim, are given representation daly according to their population ratio, their interests may not be properly safe- guaded accordingly, it has been decided that 12 seats may be reserved for bhutias and lepchas in addition the reservation of one seat for the sanghas may be allowed to continue the scheduled castes population in sikkim is mostly of nepalese origln based oil the population, the scheduded castes in sikkim qualify far two seats in the legislative assembly on the buts of th nlc'vation propojed, the remaining it t in the lejialative awembly will be general lelts open to all electors" the bill lapsed on the dissolution of the sixth lok sabha i the first legisjative assembly of sikkim was dissolved by the governor of sikldm -on 13th au,gua, 1979 it, therefore, became urgently necessary to make provision tor the delimitation of the assembly constituencies in the state and for the reservation of ~ats in the assembly for different s~tions of the people accordingly, an ordinanee- on the lines of the representation of the people (amendment)· bill, 1979 wbich lapsed on the dissolution of the sixth lok sabha was pnmulgated-by the president on the 1st september, 1979 on the buisof the- provisions of this ordinance, a general election for the purpose of constituting a new legislative assembly for the state of sikkim hu been held and the new legislative assembly has already been duly 8ollititute<l it is, therefore necessary to replace the ordinance by an aqt of parliament hence thij bill nkw dam; the 17&ft ja'i&1uirf/, 1980 p shiv shanker - - - - - 7 (1) the total number of seats in the legislative assembly of each state specified in the second schedule, to be filled by persons chosen by direct election from assembly constituencies, and the number of aeatl, if any, to be reserved for the scheduled castes and for the scheduled tribes of the state, shall be as shown in that schedule: total dumber or uta in leiialative ai· ,mblin add aaembl, coditltu-_ct provided that for the period referred to in clause (2) of article 37la, the total number of seats allotted to the legialative auembly of the state of nagaland shall be fifty-two, of which-(a) twelve seats shall be allocated to the tuensang district and ahal1 be filled by persons chosen by the members of the reeional council, referred to in that article, from amongst themselves in luch manner as the governor, after consulting that council may, by notification in the official gazette, specify, and (b) the remaining forty seats shall be filled by perloda choied by direct election from au:embly conatituenci1 in the r,1 t!ae state (2) every auembly constituency referred te in lub-aectiod (1) abajl be a lingle-member conatituency (3) subject to the provisions of sub-section (3) of section 7a," the extent of each assembly constituent'y in all the states and union territories except the assembly constituencies in the union territory ot arunachal pradesh shall be as determined by the orders of the delimitation commission made under the provisions of the delimitation act, 1972 and the extent of each assembly constituency in the union territol'1 of arunachal pradesh shall be as determined by the order of the election commiuion made under the provisions of the government of uniob territoria act, 1963 - - - - - 1:rraac'l'b j'ilok 'l'bi: dl:rimltation or pajulakzntaily and aukuja - , coni1'i'i11'£treiu qua, lwii - - - - - 5 where the name ot a constituency as shown in the schedulea ii distinguished by the brackets and letters" (sc) ", the seat in that conatitaency is reserved for the scheduled castes; and where buch name i dii-tinguilhed by the brackets and letters (st)", the at in that coutt· tuncy il releryeci for the scheduled trib • - - - - - 81 !fi ioula u n"","'" ~ lea in stgte leplctive a imialiubie4ueduj sl nameofstatei j on 1-1-1974 ooiiititutod no umon territory total sc it total ie st 2 3 4 ! , 7 --------_ ------states - - - - - - 11 iittim 1, 1 - i - - - - • note: einelud 1 t relerved tor sangha coiultinncj a billp'urther to amend the representation of the people aet, 1950, and the representation of the people act, 1951, to provide for the readjustment of assembly constituencies in the state of sikkim (&h7'i shiv s~ miftiltn of low, juna cmci com,,, " | Parliament_bills | 45525580-cc51-5474-a406-a912ac14e39e |
the women farmers' entitlements bill, 2018by shri sunil kumar singh, mp————— arrangement of clauses—————clauseschapter i preliminary1 short title, extent and commencement 2 definitions chapter ii certification of women farmer3 certification of women farmer 4 acceptance of certificate as evidence chapter iiiland rights5 equal land rights to women farmers chapter ivwater rights6 equal right to water resources 7 no discrimination for irrigation purposes chapter v legal access to credit and other agricultural inputs8 entitlement of women farmers to get credits, loans and other financial supports chapter vi fund for support services to women farmers9 establishment of fund10 women farmer friendly technology 11 market facilities 12 training and capacity building chapter vii implementation and monitoring authorities, their responsibilities13 responsibilities of central government (ii) clauses14 responsibilities of state governments 15 responsibilities of local authorities 16 women farmers' entitlement board 17 district vigilance committees 18 redressal of grievances chapter viii penalties and procedures19 penalty for non-compliance of provisions of this act 20 cognizance of offences 21 actions in good faith chapter ix miscellaneous22 overriding effect 23 power to give directions 24 power of state government to restrict the application of the act to certain areas 25 power to remove difficulties 26 power of central government to make rules bill no 12 of 2018 the women farmers' entitlements bill, 2018by shri sunil kumar singh, mpa billto provide for the gender specific needs of women farmers, to protect their legitimate needs and entitlements and to empower them with rights over agricultural land, water resources and other related rights and for other functions relating thereto and for matters connected therewithwhereas women constitute more than fifty per cent of indian farmers and about sixty per cent of the workforce in the farming sector; and in view of the increasing feminisation of agriculture as a result of out-migration of men, entitlements for women farmers are essential for the future growth and health of agriculture, as well as protection of food security in an era of climate change;and whereas it is necessary to recognize and protect the gender specific needs and rights of the women by empowering and entitling them with enforceable rights over agricultural land, water resources, credit and other related rights;and whereas the married women's property act, 1874 recognised the wages, earnings and other property acquired by a married woman in any employment, occupation or trade carried on by her in her individual capacity as her separate property; the hindu succession (amendment) act, 2005 entitled the daughter of a joint hindu family governed by the mitakshara law, to become a coparcener in her own right in the same manner as the son and clothes her with the same rights and liabilities in the coparcenary property as she would have had if she had been a son; the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006 recognised the rights of forest-dwelling communities to the forest land and other forest resources;and whereas the government of india has recognized the special needs of women farmers by initiating a "mahila kisan shashaktikaran pariyojana" programme under the national rural livelihood mission;and whereas india is a party to the convention on the elimination of all forms of discrimination against women (cedaw), 1979 which calls for elimination of all forms of discrimination of women by ensuring equal access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes;and whereas the fourth world conference on women in september, 1995, in which india participated, called for legislative and administrative reforms to give women equal rights with men to economic resources, including access to ownership and control over land and other properties, credit inheritance, natural resources, and appropriate new technology, etc as embodied in the beijing declaration and platform for action;and whereas it is considered necessary to implement the decisions in so far as they relate to the women farmers' entitlements under article 253 of the constitution of indiabe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the women farmers' entitlements act, 2018short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir (3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires—1015(a) "agriculture" means and includes, all activities related to cultivation of crops, animal husbandary, poultry, livestock rearing, apiculture, gardening, fishing, aquaculture, sericulture, vermiculture, horticulture, floriculture, agro-forestry, or any other farming activity carried out through self-employment, tenurial cultivation, share cropping, or other types of cultivation including shifting cultivation, collection, use and sale of minor or non-timber forest produce by virtue of ownership rights or usufructory rights;(b) "agricultural activity" means any activity related to agriculture; (c) "farmer" means any person who is, individually or jointly with any other person,—(i) engaged in agriculture directly or through the supervision of others; or20(ii) contributes to conservation or preservation of agriculture related varieties or seeds or breeds of farm animals; or(iii) contributes through traditional knowledge to any type of innovation, conservation or to propagation of new agricultural varieties or to agricultural cultivation methods or practices or to the practice of crop-livestock integrated farming system; or(iv) promotes agro-processing, and value-addition to primary products510explanation—the term "farmer" will include, but not limited to, agriculture operational holders, landless cultivators, agricultural labourers, planting labourers, pastoralists, sharecroppers and tenants the term shall not include corporate entities operated by or involving farmers in case of landless farmers migrating or moving from one state to another, if anyone stays in a state for at least six months, such person may be considered as a farmer in that particular state(d) "guidelines" means the guidelines framed by the authority under this act with the previous approval of the central government by notification in the official gazette15(e) "land" means any land or water body utilised for the purpose of agriculture(f) "woman farmer" means and includes, irrespective of marital status or ownership of land, any woman who is a farmer as defined in sub-section (c) of section 2 and includes—20(i) any woman living in rural area and primarily engaged in agriculturalactivity, though occasionally engaged in non-agricultural activity; or(ii) any woman living in urban or semi-urban areas and engaged inagriculture; or(iii) any tribal woman directly or indirectly engaged in agriculture or shifting cultivation or in the collection, use and sale of minor or non-timber forest produce by virtue of usufructary rights25(g) "rules" means rules notified by the central government under this act chapter ii certification of woman farmer30certification of woman farmer3 (1) a woman farmer certificate issued by the gram panchayat, after the approval of the gram sabha and authenticated by the village administrative officer or an authorized officer of the gram panchayat as may be prescribed in the rules, shall be the conclusive proof of declaring a person as a woman farmer(2) for urban or peri-urban areas, the certificate shall be issued by the urban local body with the approval of any corresponding authority as notified under the rules:35provided that a group of women farmers may obtain the group women farmers'certificate in the same process as may be prescribedacceptance of certificate as evidence4 the woman farmer certificate issued under section 3, shall be accepted as evidencefor the purposes of establishing the status of a person as a woman farmer under this act including in all administrative and judicial proceedings40 chapter iii land rightsequal land rights to women farmer455 notwithstanding anything contained in any other law for the time being in force, every woman shall have equal ownership and inheritance rights over her husband's self acquired agricultural land, or his share of family property, or his share of land transferred by the government under land reform or resettlement scheme:provided that concurrence of both the spouses shall be necessary in the case of land transfer or acquisition as per the provision of the provided land acquisition and rehabilitation law5explanation—for the purposes of this section, a woman farmer shall be deemed to have ownership and possession of equal and proportional share of agricultural property in her husband's property even, if, it is not mentioned in any of the relevant documents and the fact that she is the wife of a particular person is the conclusive proof to claim ownership and possession of her share of property and to have effective control over such share of property chapter iv10 water rightsequal right towaterresources6 a woman farmer shall have equal right, as enjoyed by male farmers, to all waterresources connected with the agricultural land to which she is the owner, shareholder, possessor or uses for farming activity and shall have access to water, water resources and irrigation facilities for carrying out agricultural activities as defined in this act157 the woman farmers shall not be discriminated on the grounds of marital status,religion, caste, ownership or possession of agricultural land while accessing water resources for irrigation purposesno discrimination for irrigation purposes chapter v20 legal access to credit and other agricultural inputs8 notwithstanding anything contained in any other law for the time being in force and subject to the provisions of this act,—25(i) every woman farmer or group of women farmers who have a certificate ofwoman farmer from the appropriate authority shall be entitled to kisan credit card which as of now available mainly to male farmersentitlement of women farmers to get credits, loans and other financial supports30(ii) a woman farmer or group of women farmers shall be entitled to borrow moneyand other financial support for agricultural activity either on her own capacity or as a member of a women group as may be prescribed in the rules without any discrimination on the grounds of marital status, place of residence, caste, religion, or absence of collateral security chapter vi fund for support services to women farmersestablishment of fund359 (1) the central government shall set up a central agricultural development fundfor women farmers (cadfwf) under this act, which shall be used to empower women farmers like, incentives for development of women farmer friendly technologies, training and capacity building, creation of market facilities, organization of creches and day care centres, social security for women farmers, old age pensions and other related issues as may be prescribed in the rules40(2) the fund shall operate at the central, state and district levels and shall be administered under the guidance of an appropriate authority to be appointed by the central government at the central level and offices of the authority appointed in consultation with the state governments at the state and district level in such manner as may be prescribed(3) the fund shall receive contributions and grants from the central and state governments, user fees as specified under the rules and guidelines framed under this act45(4) the authority shall support individual and groups of women farmers organized in the form of registered women's cooperatives or mahila kisan kendras as per the guidelines framed under the act(5) the appropriate authority shall frame guidelines with the previous approval of the central government by notification in the official gazette for distribution and utilization of the fund5(6) the central government shall frame a scheme for social security of women farmers, especially old age pension as may be prescribed(7) the appropriate authority shall also have the power to secure lands from the government and other sources for distribution of lands to women farmers as prescribed under this act1010 any person who wants to develop women-friendly technology, may qualify forshort term and long term loans or grants or subsidies or venture capital from the fund as per the guidelines framed under the actwomen farmer friendly technologyexplanation—the terms 'any person' in this section means individuals and small and medium scale industriesmarket facilities1511 the appropriate authority shall create and facilitate market facilities for womenfarmers with the assistance of group of women farmers or of its own in different parts of the country including the establishment of rural godownstraining and capacity building12 the appropriate authority shall organise regular and periodical training and capacity building programmes for women farmers in different parts of the country to make them aware of the provisions of this act and to help them in realizing their entitlements and empowerments envisaged under this act20 chapter vii implementation and monitoring authorities, their responsibilities2513 the central government shall be responsible for overall implementation andmonitoring of the act, except as provided in this actresponsibilities of central government responsibilities of state governments14 (1) the state governments shall be responsible for implementation and monitoring of provisions relating to certification of women farmers, realization of land and water rights, operationalization of the fund at the state and district levels and other responsibilities as mentioned in this act30(2) the state government shall appoint appropriate authorities for carrying out suchfunctions(3) the offices of the authority set set up in consultation with the state government shall ensure that the land rights and water rights of the women farmers are institutionalized within the state with suitable amendments to the laws and/or gazette notification35responsibilities of local authorities15 for implementing different provisions and schemes of this act, the local authoritieslike the panchayati raj institutions in rural areas and urban local bodies in urban areas shall be responsible for discharging such duties or responsibilities as may be assigned by notification to them by the concerned state governments4016 (1) each state government shall set up a women farmers' entitlement board at the state level to advice the state government in implementation and monitoring of the actwomen farmers' entitlement board(2) the board shall consist of a practising woman farmer as its chairperson and two other members dealing with or experienced in technology, credit, inputs and marketing(3) the tenure of the board members shall be such as prescribed under the rules45(4) the board shall follow such procedure in its proceedings as may be prescribed in the rulesdistrict vigilance committee17 (1) for ensuring transparency in functioning of this act and accountability of thefunctionaries, every state government shall set up a district vigilance committee in every district(2) the composition of the vigilance committee shall be such as may be prescribed5(3) the vigilance committees shall look into effective implementation of all the provisionsof the act at the district levelredressal of grievances1018 for expeditious and effective redressal of grievances of women farmers, eachstate government shall set up effective institutional mechanisms at the taluka or tehsil or block level and an appellate mechanism at the district level in such manner as may be prescribed under the rules chapter viii penalties and procedures1519 whoever fails to comply with provisions of this act, rules or guidelines made under this act shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and with fine, or with bothpenalty for non-compliance of provisions of this actcognizance of offences20 (1) any person aggrieved by violation of any provision of this act, rules orguidelines made under this act may file a complaint, within ninety days from the date of such violation, to a court not inferior to that of a judicial magistrate of the first class or a metropolitan magistrate:20provided that the court may entertain any complaint after the expiry of the saidperiod of ninety days if its is satisfied that the complainant was prevented by sufficient cause from filing the complaint within time(2) for the purposes of sub-section (1), person means—(a) any women farmer who is affected;25(b) husband or representative of the women farmer who is affected; actions ingood faith overriding effect power to give directions;(c) any association of person of farmers (whether incorporated or not), if it isaffected or on behalf of an affected women farmer;30(d) any local authority within whose local limits the affected women farmer orassociation of persons or farmers live21 no prosecution or other legal proceedings shall lie against any person for anythingdone or intended to be done in good faithprotection of action taken in good faith chapter ix miscellaneous35overriding effect22 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time being in force other than this actpower to give directions4023 notwithstanding anything contained in any other law for the time being in forcebut subject to the provisions of this act, the central government may, issue directions in writing to any person, officer or any authority in order to give effect to the provisions of this act and such person, officer or authority shall be bound to comply with such directionspower of state government to restrict the application of the act to certain areas4524 notwithstanding anything contained in this act, if the state government, afterconsultation with, or on the recommendation of the local body or authority, is of opinion that certain provision or provisions of this act need not apply to certain areas of the state, it may, by notification in the official gazette, restrict the application of such provisions of this act to such area or areas as may be declared therein and thereupon such provisions of this act shall not apply to such area or areas25 (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 to remove the difficulty:5provided that no such order shall be made after the expiry of a period 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 parliament26 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act10(2) in particular, and without prejudice to the generality of the foregoing power, suchrules may provide for all or any of the following matters, namely:—power to remove ofdifficulties(a) issuance of women farmer certificate under section 3; (b) facilitating financial support for women farmers under section 8;15(c) utilization of central agricultural development fund for women farmers(cadfwf) under section 9;power to make rules(d) functions and proceedings of the women farmers' entitlement board undersub-section (3) of section 16;(e) composition of district vigilance committee in every district undersection 17;20(f) institutional mechanism for expeditious and effective redressal of grievancesof women farmers under section 182530(3) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule or regulation 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 reasonswith a gradual decline in the size of farm holdings, small and marginal farmer families are in need of multiple sources of income to come out of the poverty trap rural men belonging to resource poor families increasingly tend to go to towns and cities seeking work and income earning opportunities consequently, there is an increasing feminization of agriculture while women farmers are extremely hard working and are also conversant with sustainable agriculture practices, they suffer from several handicaps such as title to land, and access to credit, inputs, insurance, technology and market as early as 1995, the fourth world conference on women held in beijing urged developing countries to pay attention to the gender specific needs of women farmers india is on the threshold of enacting a landmark food security bill legal entitlements to food can be implemented only by improving the productivity, profitability and sustainability of small farm holdings, since small and marginal farmers produce nearly fifty percent of the foodgrains in the country, as well as milk and a wide variety of vegetables and fruits in order to safeguard national food security, and to strengthen the livelihood security of rural women, a majority of whom are engaged in crop and animal husbandry, fisheries, agro-forestry and agro-processing, the bill is being proposed it is necessary to implement the aforesaid decisions under article 253 of the constitution of india in so far as they relate to the women farmers' entitlementsnew delhi;sunil kumar singhjanuary 1, 2018 financial memorandumclause 9 of the bill provides for establishment of a central agricultural development fund for women farmers it also provides for appointment of an appropriate authority to administer the fund at central, state and district level clause 11 empowers the appropriate authority to create and facilitate market facilities for women farmers clause 12 provides for organising training and capacity building programmes for women farmers clause 16 provides that state governments shall set up women farmers' entitlement board as state level it also provides for appointment of a practising woman farmer as its chairperson clause 17 provides for setting up of district vigilance committee clause 18 provides for setting institutional mechanisms at taluka or tehsil level for redressal of grievances the expenditure relating to state shall be borne out of the consolidated funds of the state government concerned however, the expenditure relating to union territories shall be borne out of the consolidated fund of india the bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees ten crore per annum would involve from the consolidated fund of india a non-recurring expenditure of about rupees one thousand crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the authority to make guidelines with the previous approval of the central government by notification in the official gazette clause 26 empowers the central government to make rules for carrying out the purposes of the bill as the matters in respect of which rules, guidelines may be made or framed relate to 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 gender specific needs of women farmers, to protect their legitimateneeds and entitlements and to empower them with rights over agricultural land,water resources and other related rights and for other functions relatingthereto and for matters connected therewith————(shri sunil kumar singh, mp) | Parliament_bills | 780650db-7cfb-556b-a285-62cb5c669aed |
bill no 16 of 2017 the specified bank notes (cessation of liabilities) bill, 2017 a billto provide in the public interest for the cessation of liabilities on the specified bank notes and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the specified bank notes (cessation of liabilities)act, 20175(2) it shall be deemed to have come into force on the 31st day of december, 20162 (1) in this act, unless the context otherwise requires,—(a) "appointed day" means the 31st day of december, 2016; (b) "grace period" means the period to be specified by the central government,by notification, during which the specified bank notes can be deposited in accordance with this act;(c) "notification" means a notification published in the official gazette;2 of 1934(d) "reserve bank" means the reserve bank of india constituted by the central government under section 3 of the reserve bank of india act, 1934;5(e) "specified bank note" means a bank note of the denominational value of five hundred rupees or one thousand rupees of the series existing on or before the 8th day of november, 20162 of 1934 10 of 1949(2) the words and expressions used and not defined in this act but defined in the reserve bank of india act, 1934 or the banking regulation act, 1949 shall have the meanings respectively assigned to them in those acts102 of 1934specified bank notes to ceaseto be liability of reservebank or central government153 on and from the appointed day, notwithstanding anything contained in the reserve bank of india act, 1934 or any other law for the time being in force, the specified bank notes which have ceased to be legal tender, in view of the notification of the government of india in the ministry of finance, number so 3407 (e), dated the 8th november, 2016, issued under sub-section (2) of section 26 of the reserve bank of india act, 1934, shall cease to be liabilities of the reserve bank under section 34 and shall cease to have the guarantee of the central government under sub-section (1) of section 26 of the said actexchange of specified bank notes204 (1) notwithstanding anything contained in section 3, the following persons holding specified bank notes on or before the 8th day of november, 2016 shall be entitled to tender within the grace period with such declarations or statements, at such offices of the reserve bank or in such other manner as may be specified by it, namely:—(i) a citizen of india who makes a declaration that he was outside india between the 9th november, 2016 to 30th december, 2016, subject to such conditions as may be specified, by notification, by the central government; or25(ii) such class of persons and for such reasons as may be specified by notification, by the central government (2) the reserve bank may, if satisfied, after making such verifications as it may consider necessary that the reasons for failure to deposit the notes within the period specified in the notification referred to in section 3, are genuine, credit the value of the notes in his know your customer compliant bank account in such manner as may be specified by it30(3) any person, aggrieved by the refusal of the reserve bank to credit the value of the notes under sub-section (2), may make a representation to the central board of the reserve bank within fourteen days of the communication of such refusal to him10 of 1949explanation—for the purposes of this section, the expression "know your customer compliant bank account" means the account which complies with the conditions specified in the regulations made by the reserve bank under the banking regulation act, 1949355 on and from the appointed day, no person shall, knowingly or voluntarily, hold, transfer or receive any specified bank note:provided that nothing contained in this section shall prohibit the holding of specified bank notes—prohibition on holding transferring or receiving specified bank notes(a) by any person—40(i) up to the expiry of the grace period; or (ii) after the expiry of the grace period,—(a) not more than ten notes in total, irrespective of the denomination;or45(b) not more than twenty-five notes for the purposes of study, research or numismatics;(b) by the reserve bank or its agencies, or any other person authorised by the reserve bank;(c) by any person on the direction of a court in relation to any case pending in the court5penalty for contravention of section 46 whoever knowingly and wilfully makes any declaration or statement specifiedunder sub-section (1) of section 4, which is false in material particulars, or omits to make a material statement, or makes a statement which he does not believe to be true, shall be punishable with fine which may extend to fifty thousand rupees or five times the amount of the face value of the specified bank notes tendered, whichever is higher10penalty for contravention of section 57 whoever contravenes the provisions of section 5 shall be punishable with finewhich may extend to ten thousand rupees or five times the amount of the face value of the specified bank notes involved in the contravention, whichever is higheroffences by companies158 (1) where a person committing a contravention or default referred to in section 6or section 7 is a company, every person who, at the time the contravention or default 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 contravention or default and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention or default was committed without his knowledge or that he had exercised all due diligence to prevent the contravention or default20 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 same was committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary, or other officer or employee of the company, such director, manager, secretary, other officer or employee shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purpose of this section,— (a) "a company" means any body corporate and includes a firm, a trust, a cooperative society and other association of individuals;30(b) "director", in relation to a firm or trust, means a partner in the firm or abeneficiary in the trust2 of 19749 notwithstanding anything contained in section 29 of the code of criminalprocedure, 1973, the court of a magistrate of the first class or the court of a metropolitan magistrate may impose a fine, for contravention of the provisions of this actspecial provisions relating to offences35protection of action taken in good faith10 no suit, prosecution or other legal proceeding shall lie against the government,the reserve bank or any of their officers for anything done or intended to be done in good faith under this actpower to make rules11 (1) the central government may, by notification, make rules for carrying outthe provisions of this act40 45(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 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 difficulties12 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act, as may appear to it to be necessary or expedient for removing the difficulty:5 provided that no such order shall be made under this section after the expiry of aperiod of two years from the date of commencement of this act(2) every order made under this section shall, as soon as may be after it is made, belaid before each house of parliament10repeal and savingsord 10 of 201613 (1) the specified bank notes (cessation of liabilities) ordinance, 2016 is herebyrepealed(2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasonsin order to eliminate the unaccounted money and fake indian currency notes from the financial system, the government, on the recommendations of the central board of the reserve bank, vide its notification number so 3407(e), dated the 8th november, 2016, declared that the existing series of the bank notes of the denominational value of five hundred rupees and one thousand rupees as not legal tender with effect from the 9th november, 2016 to the extent specified in the said notification2 subsequent to the issuance of the aforesaid notification, it was felt necessary to provide clarity and finality on the following issues—(a) sub-section (1) of section 34 of the reserve bank of india act, 1934 provides that the liabilities of the reserve bank shall be an amount equal to the total of the amount of the currency notes of the government of india and bank notes for the time being in circulation since the reserve bank cannot discharge its liabilities on its own for such notes, it necessary by law to discharge such liabilities;(b) sub-section (1) of section 26 of the reserve bank of india act, 1934 provides that every bank note shall be guaranteed by the central government though the legal tender character of the specified bank notes has ceased by the aforesaid notification issued by the government of india, it is necessary by law to withdraw the said guarantee; and(c) there is possibility of running in a parallel economy by unscrupulous elements with specified bank notes unless the possession of such note is declared illegal 3 in view of the above, it was necessary to bring a legislation on specified bank notes as parliament was not in session and an urgent legislation was required to be made, the president promulgated the specified bank notes (cessation of liabilities) ordinance, 2016 (ord 10 of 2016) on 31st december, 2016 for cessation of liabilities in the specified bank notes4 the specified bank notes (cessation of liabilities) ordinance, 2016, inter alia, provides the following, namely:—(a) to provide that the specified bank notes which have ceased to be legal tender shall cease to be liability of the reserve bank of india and the central government;(b) to provide that a citizen of india (who makes a declaration that he was outside india between 9th november to 30th december, 2016) holding specified bank notes on or before the 8th november, 2016 shall be entitled to tender within the grace period with such declarations or statements, at such offices of the reserve bank or in such other manner as may be specified by it;(c) to prohibit the holding, transferring or receiving of the specified bank notes from the appointed day ie the 31st december, 2016;(d) to impose penalty for contravention of provisions of the proposed ordinance and to confer power upon the court of a first class magistrate to impose such penalty 5 the bill seeks to replace the aforesaid ordinancenew delhi; arun jaitleythe 30th january, 2017 president's recommendation under article 117 of the constitution of india[copy of do letter no 10/01/2017-cy i dated 30 january, 2017 from shri arun jaitley, minister of finance to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed specified bank notes (cessation of liabilities) bill, 2017, recommends the introduction and consideration of the bill in lok sabha under article 117 (1) and (3) of the constitution of india financial memorandumclause 3 of the bill seeks to cease the liabilities of the reserve bank under section 34of the reserve bank of india act, 1934 and to cease guarantee of the central government under sub-section (1) of section 26 of the said act the bill thus involves a decision having impact on the contigent liabilities of the central government and thus on the consolidated fund of india2 no capital or recurring expenditure is involved memorandum regarding delegated legislationclause 11 of the specified bank notes (cessation of liabilities) bill, 2017 empowers the central government to make rules for carrying out the provisions of the act2 the matters in respect of which rules may be made under the aforesaid provisions are matters of procedure and administrative detail and it is not practical to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character————— a billto provide in the public interest for the cessation of liabilities on the specified bank notes and for matters connected therewith or incidental thereto—————(shri arun jaitley, minister of finance)gmgipmrnd—4300ls(s3)—31-01-2017 | Parliament_bills | 43277e23-9807-5aab-9421-3e0abd9f06e0 |
bill no 123 of 2017 the mahatma gandhi national rural employment guarantee (amendment) bill, 2017 by shri sukhbir singh jaunapuria, mp a billfurther to amend the mahatma gandhi national rural employment guarantee act, 2005be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the mahatma gandhi national rural employment guarantee (amendment) act, 2017(2) it shall come into force at onceamendment of schedule ii42 of 200552 in schedule ii to the mahatma gandhi national rural employment guarantee act,2005, after paragraph 5, the following paragraph shall be inserted, namely:— ''5a it shall be the duty of the gram panchayat to ensure that, as far as possible, employment is provided to the registered adult members within its jurisdiction during non-agricultural season only'' statement of objects and reasonsthe mahatma gandhi national rural employment guarantee act, 2005, which was enacted in 2005 has provided job to lakhs of jobless persons throughout the country now, guaranteed employment is available to under privileged people upto a certain number of days in a year it is a provision worth appreciating however, the 'apna khet apna kaam' project, under which work is provided to the scheduled castes, the scheduled tribes and the persons living below poverty line, should also be extended to the small farmers belonging to the general category the other works such as hedging and wire fencing should also be added in the actunder the mahatma gandhi national rural employment guarantee act, 2005, safai karmcharis should be deployed in villages for the cleanliness drive and they should be given payment under the act so that the people belonging to the village itself get engaged in the cleanliness drive in the villagethe provisions of this act should be implemented in such a way as would enhance the efficacy of the mahatma gandhi national rural employment guarantee act, 2005 and benefit the poor familieshence this billnew delhi;sukhbir singh jaunapuriajune 30, 2017 annexureextract from the mahatma gandhi national rural employmentguarantee act, 2005(42 of 2005) schedule ii(see section 5) conditions for guaranteed rural employment under a scheme and minimum entitlements of labourers 5 all registered persons belonging to a household shall be entitled to employment in accordance with the scheme made under the provisions of this act, for as many days as each applicant may request, subject to a maximum of one hundred days per household in a given financial year ———— a billfurther to amend the mahatma gandhi national rural employment guarantee act, 2005————(shri sukhbir singh jaunapuria, mp)gmgipmrnd—987ls(s3)—20-07-2017 | Parliament_bills | 50f1a2b1-cd03-510f-aae9-a09537a8ade8 |
the gift-tax (amendment) bill, 1962(as introduced in lolt sabra on 16m november, 1962) corrigenda to the gifr-tax (amendment) bill, 1962 (to be/as introduced in lok sabha) 1 paee 4, line 2,-after "and" ~ ii " , 2 page 11, line 30,-after " substituted" for 3 page 11, line 34,-" " - ~ " it , iw: "accoopanies" ~ "accompanied" 4 page 12, line 3,-~ter "within" insert "the" 5 p8€e 13, in the marginal heading to clause 23,-~ itsections" read n sectionlt for "ordnarily" ~ "ordinarily" 7 page 41, against line 32,-i:2!: "45 of 1960" read it 45 of 1860" 8 page 43, line 7 from bottom-after ii rules" cmil "1" 9 correct line numbers on pages 5, 15 and 19 new delhi, no!hullb~j5" 1962 - kartika -24-,--1884" tsal<a 1 the gift -tax (amendment) bill, 1962 (as introduced in lok sabha)a bill further to amend the gift-tax act, 1958 be it enacted by parliament in the thirteenth year of the republic of india as follows :-1 (1) this act may be called the gift-tax (amendment) act, 1962 short title and coid-(2) it shall come into force on such date as the central govern- menc:ement s ment may, by notification in the official gazette, appoint 2 in section 2 of the gift-tax act, 1958 (hereinafter referred to amendment 18 of 1958 ils the principal act),-olllmora 2 (a) for clauses (ii), (iii) and (iv), the following clauses shall be substituted, namely:-10 - (ii) "appellate tribunal" means the appellate tribunal constituted under section 252 of the income-tax act; (iii) "assessee" means a person by whom gift-tax or any other sum of money is payable under this act and includes-is (a) every person in respect of whom any proceeciidl under this act has been taken for the determination of gift-tax payable by him or by any other penon or the amount of refund due to him or such other -person; (b) every person who is deemed to be an uaesaee under this act; (c) every person who is deemed to be an assessee in default under this act; (iv) "assessment" includes re-assessment; (iva) "assessment year" means the period of twelve months commencing on the 1st day of april, every year;'; 2017 (b) ls-l (b) ifter clause (v), the following clause shan he ins,erted, namely:-'(va) "charitable purpose" includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility not involving the carrying on 5 of any activity for profit;'; (c) after clause (vii), the following clause shall be inserted, namely:-• (vit4) "director of inspection" includes an additional director of inspection, a deputy director of inspection and 10 an assistant director of inspection;'; (d) for clause (xiv), the following clause shall be substituted, namely:-'(xiv) "income-tax act" means the income-tax act, 1961;'; is 43 of 1961 (e) after clause (xvi), the following clauses shall be inserted, namely:-'(xvia) "inspector of gift-tax" means an inspector of income-tax empowered to work as an inspector of gift-tax under section 11; 20 (xvib) "legal representative" has the meaning assigned to it in clause (11) of section 2 of the code of civil procedure, 1908;'; 5 of 1908 (f) in clause (xx)-(i) in sub-clause (b), for the words, brackets, letters and 2s figures "under sub-clause (a) of clause (11) of section 2 of the income-tax act or such period determined as theprevious year under sub-clause (b) of clause (11) of that section, whichever expired last", the words, brackets, letters and figures "under sub-clause (a) or sub-clause (b), as the case 30 may be, of sub-section (1) of section 3 of the income-tax act or such period determined as the previous year under clause (c) of that sub-section, whichever expired last" shall be substituted; (ii) in sub-clause (c), for the words, brackets and figures 3s oic1ause (11) of section 2", the word and figure "section 3" shall be substituted amendment 3 in section 3 of the principal act, for the words "financial year", of ~tiod 3· the words "assessment year" shall be substituted , in :-ection 5 of the principal act,-(i) in sub-section (1), in clause (v), for the word, figures and letter "section i5b", the word and figures "section 88" shall be substituted; 5 (ii) in the explanation, in clause (a), for the words "in the taxable territories within the meaning of the income-tax act", the following shall be substituted, namely:-"within the meaning of section 6 of the income-tax act, subject to the modification that references in that section to 10 india shall be construed as referenc~s to the territories to which this act extends" 5 after section 7 of the principal act, the following section shan insertion of new be inserted, name]y:-section "la is "7a (1) notwithstanding anything contained in section 7, power to th c f·· th bl transfer e ommlssloner may, a ter glvmg e assessee a reasona e cases opportunity of being heard in the matter, wherever it is possible to do so, and after recording his reasons for doing so, transfer any case from one gift-tax officer subordinate to him to another also subordinate to him, and the board may similarly transfer any case from one gift-tax officer to another: %0 provided that nothing in this sub-section shall be deemed to require any such opportunity to be given where the transfer is from one gift-tax officer to another whose offices are situated in the same city, locality or place (2) the transfer of a case under sub-section (1) may be made at any stage of the proceedings, and shall not render necessary the re-issue of any notice already issued by the gift-tax officer from whom the case is transferred e;rplanation-in this section the word 'case' in relation to any person whose name is specified in any order issued thereunder means all proceedings under this act in respect of any year which may be pending on the date of such order, or which may have been completed on or before such date, and includes also all proceedings under this act which may be commenced after the date of such order in respect of any year" 35 6 after section 9 of the principal act, the following section shall insertion be inserted namely:-of ~ew , sectlon 9a "9a (1) the board may empower as many persons as it directors thinks fit to exercise under this act the functions of a director of f 1 t· inspection o nspec ion (2) a director of inspection shall be competent to make any enquiry under this act and, for this purpose, shall have all the powers that a gift-tax officer has under this act in relation to the making of enquiries (3) without prejudice to the provisions of sub-section (2), 5 a director of inspection shall exercise such other functions of any gift-tax authority as may be assigned to him by the board" :u~~ 7 for section 11 of the principal act, the following sections shall aectiod for be substituted, namely:-imdion 11 '11 acommissioder of gift-tax may empower any inspector 10 of income-tax to work as an inspector of gift-tax under any gift-tax authority and when he is so empowered, he shall perfarm silch functions in the execution of this act as are assigned to him by the said gift tax authority lla (1) inspecting assistant commissioners shall be sub- is ordinate to the commissioner within whose jurisdiction they perform their functions and also to the director of inspection (2) gift-tax officers shall be subordinate to the commissioner and the inspecting assistant commissioner within whose "jurisdiction they perform their functions and also to the director 20 of inspection (3) inspectors of gift-tax shall be subordinate to the gift-tax ofticers or other gift-tax authority under whom they are empowered to work and to any other gift-tax authority to whom the aid offtcer or other authority is subordinate 2s explanation-foi' the purposes of sub-section (1), "director of inspection" does not include a deputy director of inspection or an assistant director of inspection and for the purposes of sub-section (2), "director of inspection" does not include an assistant director of inspection' 30 amend-1fteilt of iedlon 12 s section 12 of the principal act shall be re-numbered as subsection (1) thereof and after the sub-section so re-numbered, the following sub-section shall be inserted, namely:-"(2) every gift-tax officer employed in the execution of this act shall observe and follow such instructions as may be 3s iuued to him for his guidance by the director of inspection or by the commissioner or by the inspecting assistant commissioner within whose jurisdiction he performs his functions", t,·inchapter iii of the principal act, after section 12, the following insertion section shall be inserted, namely:-~!cri~~ 12a "12a the commissioner of gift-tax and the inspecting power of assistant commissioner of gift-tax shall be competent to make ~~~~l~f s any enquiry under this act and for this purpose, shall have all gifdt-tfax an 0 the powers that a gift-tax ofticer has under this act in relation inspecting to the making of enquiries " assist~nt commis-sioner of gift-tax to make enquiries under this act lj, in section 13 of the principal act,-amendment of (i) in sub-section (1), after the words "taxable gifts", the section 13 id· words "or is assessable in respect of the taxable gifts made by any other person under this act" shall be inserted; (ii) for sub-section (2), the following sub-section shall be , 8ub6tituted, namely:-is 10 "(2) in the case of any person who, in the gift-tax officer's opinion, is assessable under this act whether in respect of the gifts made by him or by any other person during the previous year, the gift-tax officer may, before the end pf the relevant assessment year, serve a notice upon him requiring him to furnish within thirty days from the date of service of the notice a return of the gifts made by him or by such other person during the previous year in the prescribed manner and setting forth such other particulars as may be prescribed" 11, after section 14 of the principal act, the following section shall infsertion o new sec-2s be inserted, namely:-tion 14a "14a the return made under section 13 or section 14 shall !h~u~n t~y 35 be signed and verifiedbe signed (a) in the case of an individual, by the individual himself; where the individual 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; (b) in the case of a hindu undivided family, by the karta, and, where the karta is absent from india or is mentally incapacitated from attending to his affairs, by any other adult member of such family; (c) in the case of a company, by 'the priacipal oftlcer thereof; (d) in the case of a firm, by any partner thereof, not being a minor; (e) in the case of any other association, by any member s of the association or the principal officer thereof; and (f) in the case of any other person, by that person or by some person competent to act on his behalf 12 in section 15 of the principal act,-(i) in sub-section (1) ,-10 amendment of section 15 (a) for the words "is complete", the words liis correct and complete" shall be substituted; (b) for the words "and determine the amount payable by him as gift-tax", the words "and determine the amount of gift-tax payable by him or the amount refundable to him on is the basis of such return" shall be substituted; (ii) in sub-section (3), after the words "any specified points", the words "and after taking into account all relevant material which the gift-tax officer has gathered" shall be inserted; (iii) in sub-section (5), after the words "the gift-tax oftlcer", 20 the words "after taking into account all relevant material which he has gathered" shall be inserted amend-13 in section 16 of the principal act, in sub-section (1), for clause ment of section 18 (a), the following clause shall be substituted, namely:-"(a) has reason to believe that by reason of the omission or 25 failure on the part of the assessee to make a return under section 13 of the gifts made by him or any other person in respect of which he is assessable under this act for any assessment year, or to disclose fully and truly all material facts necessary for assessment of the gifts made by him or such other person for 30 that year any taxable gift has escaped assessment for that year, whether by reason of under-assessment or assessment at too low a rate or otherwise; or" substitu-14 for section 17 of the principal act, the following section shall tionof new be substituted namel""-section for ' j - 3s section 17 penalty for failure to furnill~ retur · 10 comply with notices and eonce_l ment of lifts, etc "17 (1) if the gift-tax officer, appellate assistant commissioner, commissioner or appellate tribunal, in the course of any proceedings under this act, is satisfied that any person-(a) has without reasonable cause failed to furnish the return required to be furnished under sub-section (1) of 40 section 13 or by notice given under sub-section (2) of section 13 or section 16 or has, without reasonable cause, failed to furnish it within the time allowed and in the mader \ required by bub-section (1) of section 13 or by such notice, as the case may be, or (b) has without reasonable cause failed to comply with s a nouce under sub-section (2) or sub-section (4) of section 15; or (c) has concealed the particulars of any gift or deliberately furnished inaccurate particulars thereof, he or it may, by order in writing, direct that such person shall pay by way of penalty-10 (i) in the cases referred to in clause (a), in addition to the amount of gift-tax payable by him, a sum equal to two per cent of the tax for every month during which the default continued, but not exceeding in the aggregate fifty per cent of the tax; is 20 (ii) in the cases referred to in clause (b), in addition to the amount of gift-tax payable by him, a sum which shall not be less than ten per cent but which shall not exceed fifty per cent of the amount of the tax, if any, which would have been avoided if the return made by such person had been accepted as correct; (iii) in the cases referred to in clause (e), in addition to any gift-tax payable by him, a sum which shall not be less than twenty per cent but which shall not exceed one and half times the amoqnt of the tax, if any, which would have been avoided if the return made by such person had been accepted as correct (2) no order imposing a penalty under sub-section (1) shail be made unless the assessee has been heard or has been given a reasonable opportunity of being heard 3s (3) notwithstanding anything contained in clause (iii) ot sub-section (1), if in a case falling under clause (e) of that subsection, the minimum penalty imposable exceeds a sum of rupees one thousand, the gift-tax officer shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this section for the imposition of penalty (4) an appellate assistant commissioner, commissioner or the appellate tribunal, on making an order under this section imposing penalty, shall forthwith send a copy of the same to the gift-tax officer" " insertion is,; ,aftle%: section 19 of the pridcipal act, the followm, aection shall fi~~er9~· be inserted, lwnely:-assessment of persons leaving india "19a (1) notwithstanding anything contained in section 3, when it appears to the gift-tax officer that any individual may leave india during the current assessment year or shortly after , its expiry and that he has no present intention of returning to india, the gifts made by such individual during the ,period from the expiry of the previous year for that assessment year up to the probable date of his departure from india, shall be chargeable to gift-tax in that assessment year 10 (2) the taxable gifts made in each completed previous year or part of any previous year included in such period shall be chargeable to gift-tax at the rate or rates specified in the schedule, and separate assessments shall be made in respect of each such completed previous year or part of any previous year 15 (3) the gift-tax officer may estimate the value of the gifts made by such individual during such period or any part thereof, where it cannot be readily determined in the manner provided in this act (4) for the purpose of making an assessment under sub- 20 section (1), the gift-tax officer may serve a notice upon such individual requiring him to furnish, within such time, not being less than seven days, as may be specified in the notice, a return in the same form and verified in the same manner as a return under sub-section (2) o~ section 13, giving particulars of the gifts 25 made by him during each completed previous year comprised in the period referred to in sub-section (1) and during any part ot the previous year comprised in that period; and the provisions of this act shall, so far as may be, and subject to the provisions of this section, apply as if the notice were a notice issued under 30 sub-section (2) of section 13 (5) the gift-tax chargeable under this section shall be in addition to the tax, if any, chargeable under any other provision of this act (6) where the provisions of sub-section (1) are applicable, 35 any notice issued by the gift-tax officer under sub-section (2) of section 13 or under section 16 in respect of any gift-tax cbargeable under any other provisions of this act may, notwithstanding anything contained in sub-section (2) of section 13 or section 18, as the case may be, require the furnishing of the return by such 40 individual within suah period, not being less than seven days, a the gift-tax officer may think proper" 16 in chapter v of the principal act, after section 21, the follow- insertion t' h ii b rt d 1 of new ida sec ion s a e idse e , name y: -section 21a s 10 "21a (1) where a gift-tax officer after using all due and assessreasonable diligence cannot find the donor who has made any dment of onee taxable gifts, for the purpose of service of notice under sub- when section (2) of section 13 or under section 16, the gift-tax officer ~~~o~canmay make an assessment of the value of all such taxable gifts found made by him and determine the gift-tax payable by him and for this purpose may, by the issue of the appropriate notice which would have had to be served upon the donor, require from the donee or donees any accounts, documents or other evidence which might, under the provisions of section 15, have been required from the donor is (2) where any assessment in respect of the taxable gifts made by the donor has been made under sub-section (1), every donee shall be liable for the gift-tax so assessed: provided that where the donees are more than one, they shall be jointly and severally liable for the amount of the gift-tax so assessed: 20 provided further that the amount of the gift-tax which may be recovered from each donee shall not exceed the value of the gift made to him as on the date of the gift (3) the provisions of sections 13, 14 and 16 shall apply to a donee as they apply to any person referred to in those sections" 25 17 in section 22 of the principal act,-(i) in sub-section (1)-amendment of section 22 (a) in clause (a), the word "his" shall be omitted; (b) in clause (j)-(l) for the words, brackets and figures "sub-section 30 (1) of section 46 of the income-tax act", the words, brackets and figures "sub-section (1) of section 221 of the income-tax act" shall be substituted; (2) the word "or" shall be added at the end; (c) after clause (i), the following clauses ahall be 3s idaerteci, namely:-"(9) objecting to an order of the gift-tax ofticer under section 34 having the effect of enhancing the auessment or reducing a refund or an order refusing to allow the claim made by the lulse~see under that section; or 2017 (b) ls-2 (h) objecting to any fine imposed by the gift-tax ofbcer under sub-aectioll (2) of ection 36;"; (u) after sub-aection(5), the following sub-aections shall b ldhneci, namely:-"(5a) in disposing of an appeal, the appellate assistant s commissioner may consider and decide any matter arising out of the proceedidgs in which the order appealed against was passed, nqtwithstanding that such matter \vas not raised before the appellate assistant commissioner by the appellant 10 (5b) the order of the appellate assistant commissioner disposing of the appeal shall be in writing and -shall state the points for determination, the decision thereon and the reasoda for the decieion" 18 in section 23 of the principal act,-is amendmentof eetion23 (i) lor sub-section (1), the following sub-section shall be substituted, namely:-"(1) an assessee, objecting to an order passed by the appellate assistant commissioner under section 17 or section 22 or sub-section (2) of section 36 or to an order passed by 20 the inspecting assistant commissioner under sub-&ection (3) of section 17, may appeal to the appellate tribunal within sixty days of the date on which the order is cojluilunicated to him"; (it) after sub-section (2), the following sub-section shall be 25 inserted, namely:-u(2a) the gift-tax ofbcer or the assessee, as the case may be, on receipt of notice that an appeal against the order of the appellate assistant commissioner has been preferred under sub-section (1) or sub-section (2) by the other party, 30 may, notwithstanding that he may not have appealed agains' such order or any part thereof, within thirty days of the receipt of the potice, file a memorandum of cross objections, verified in the prescribed manner, against any part of the order of the appellate asaistant commiasioner and such 35 memorandum shall be disposed of by the appellate tribunal as if it were an appeal presented within the time specifled in aub-lection (1) or lub-aection (2)"i (iii) for sub-section (3), the following bub-section shall be iubstituted, namely:-"(3) the appellate tribunal may admit an appeal or permit the flling of a memorandum of cross objeetions after 5 the expiry of the relevant period referred to in sub-section (1) or sub-section· (2) or sub-section (2a) if it is satisfled that there was sufficient cause for not presenting it within that period"; (iv) in sub-section (11), for the words, brackets, flgures and il' letter "sub-sections (5), (7) and (8) of section sa of the incometax act", the words brackets and flgures "sub-sections (1), (4) and (5) of section 255 of the income-tax act" shall be substituted t9 in section 24 of the principal act, to bub-section (3), the amendfollowing ezplanation shall be added, namely: -:~n~:~ is "ezpl/ln/ltion~in computing the period of limitation for purposes of this sub-section, the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 38 and any period during which any proc~ding under this section is stayed by an order or injunction of any court shall be 20 excluded" !ft in section 25 of the principal act, for sub-section (1), the amendfollowing sub-section shall be substituted, namely:-=n~g~ "(1) an assessee objecting to an order passed by th~ commissioner under section 17 or to an order of enhancement passed 2s by him under section 24 may appeal to the appellate tribunal wfthin sixty days of the date on which the order is communicated to him" 21 in section 28 of the principal act,-amendment 01 (i) for sub-sections (1) and (2), the following sub4erlions section 28 30 shall be substituted namely:-"(1) the assessee or the commissioner may, within sixty days of the date upon which he is served with notice of an order under section 23 or section 23, by application in the p~bed fonn, accompanies, where the application is made 35 by the assessee, by a fee of rupees one hundred require the appellate tribunal to refer to the high court any question of law arising out of such order and, subject to the other provisions contained in this section, the appellate tribunal ~hall, within one hundred and twenty days of the receipt of 40 such application draw up a statement of the case and refer it to the high court (2) the appellate tribunal may, if it is satisfied that the appucant was prevented by sufficient cause from presenting the application within period specified in sub-section (1), allow it to be presented within a further period not exceeding thirty days"; 5 (ii) after sub-section (3), the following sub-section shall be tnserted, namely:-"(3a) if, on an application made under this section, the appellate tribunal is of the opinion that on account of a conflict in the decisions of high courts in respect of any 10 particular question of law, it is expedient that a reference should be made direct to the supreme court, the appellate tribunal may draw up a statement of the case and refer it through its president direct to the supreme court"; (iii) in sub-sections (4), (5) and (6), after the words "high 15 court", the words "or the supreme court" shall be inserted; / (iv) for sub-sections (7), (8) and (9), the following sub-section shall be substituted, namely:-"(7) the cost of any reference to the high court or the supreme court which shall not include the fee for making 20 the reference shall be in the discretion of the court" 22 in chapter vi of the principal act, after section 28, the following sections shall be inserted, namely:-insertion of new sections 28a and 28b tax to be paid notwithstanding reference, etc '28a notwithstanding that a reference has been made to the high court or the supreme court or an appeal has been preferred 2s to the supreme court, tax shall be payable in accordance with the assessment made in the case 28b in this chapter, "high court" mead$-(i) in relation to any state, the high court of that state: deftnition of high (ii) in relation to the union territories of delhi and 30 himachal pradesh, the high court of punj'ab; (m) in relation to the union territories of manipur and tripura, the high court of assam; (iv) in relation to the union territory of andaman and nicobar islands, the high court at calcutta; 35 (v) in relation to the union territory of laccadive, mintcoy and amindivi islands, the high court of kerla' 5 10 13 for section 29 of the principal act, the following section shall ~ubstituuon of new be substituted, namely:-sections for section 29 "29 subject to the provisions of this act, gift-tax shall be gift-tax payable by the donor but when in the opinion of the gift-tax :ly:~~~ officer the tax cannot be recovered from the donor, it may be recovered from the donee: provided that where the donees are more than one, they shall be jointly and severally liable for the amount of tax determined to be payable by the donor: provided further that the amount of tax which may be recovered from each donee shall not exceed the value of the gift made to him as on the date of the gift" is m for sections 31, 32 and 33 of the principal act, the following substitusections shall be substituted namely:-tio~ of new , sections tor sections 31, 32 and 33 "31 when any tax, interest, penalty, fine or any other sum notice of is payable in consequence of any order passed under this act, the demand gift-tax officer shall serve upon the assessee a notice of demand in the prescribed form specifying the sum so payable 20 32 (1) any amount sp,ecified as payable in a notice of demand recovery under section 31 shall be paid within thirty-five days of the ~~d tax service of the notice at the place and to the person mentioned penalties in the notice: provided that, where the gift-tax officer has any reason to believe that it will be detrimental to revenue if the full period of thirty-five days aforesaid is allowed;he may, with the previous approval of the inspecting assistant commissioner, direct that the sum specified in the notice of demand shall be paid within such period being a period less than the period of thirty-five days aforesaid, as may be specified by him in the notice of demand 35 (2) if the amount specified in any notice of demand under section 31 is not paid within the period limited under sub-section (1), the assessee shall be liable to pay simple interest at four per cent per annum from the day commencing after the end of the period mentioned in sub-section (1) (3) without prejudice to the provisions contained in subsection (2), on an application made by the assessee before the expiry of the due date under sub-section (1), the gift-tax officer may extend the time for payment or allow payment by instalments subject to such conditions as he may think fit to impose in the circumstances of the case (4) it "the amount is not ,aid within the time ltmtted under sub-seetlon (1) or extended under sub-section (3), as the case may be, at the place and to the person mentioned in the said notice, the assessee shall be deemed to be in default (5) if, in a case where payment by instalments is allowed s under sub-section (3), the assessee commits default in paying anyone of the instalments within the time fixed under that subo section, the assessee shall be deemed to be in default as to the whole of the amount then outstanding, and the other instalment or inbt8lments shall be deemed to have been due on the same 10 date as the1nstalmentactually in default (6) 0 where ,the assessee has 'presented an appeal under section 22, the gift-tax oftlcer may in his discretion and subject to such conditions as he may think fit to impose in the circumstances of the case, treat the assessee as not being in default in respect of is the amount in dispute in the appeal, even though the time for payment has expired as long as such appeal remains undisposed of mode of recoyel')' 33 the provisions contained in sections 221 to 227, 229, 231 and 232 of the income-tax act and the second and third 20 schedules to that act and any rules made thereunder snail, so far as may be, apply as if the said provisions were provisions of this aet and referred to gift-tax and sums imposed by way of penalty, fine and interest under this act instead of to income-tax and ii11ms imposed by way of penalty, fine and interest under that 25 act and to gift-tax oftlcer and commissioner of gift-tax instead of to ineome-tax ofbcer and commissioner of income-tax j:~ i-any reference to sub-section (z) or subsection (6) of section 220 of the ineome-tax act in the said provisions of 0 that act or the rules made thereunder shall be 30 construed as ~eferences to sub-sections (2) and (6) respectively of section 32 of this act !'xpl4natio'n i1-the tax recovery ofticer and the tax recovery commissioner referred to in the income-tax act or the rules made thereunder shall be deemed to be the tax recovery 35 officer and the tax recovery commissioner for the purposes of recovery of gift-tax and 'sums imposed by way of 'penalty, fine ajld interest under this aa'a" zi after chapter vii of the principal act, the followinichapter insertion ihall be maerted namely: -of new , ~tel' "chapter vita ruunds5 33a (1) where, as a result of any order passed in appeal or refunda other proceeding under this act, refund of any amount becomes due to the assessee the gift-tax officer shall, except as otherwise provided in this act, refund the amount to the assessee without his having to make any claim in that behalf 10 j5 (2) where an order giving rise to a refund is the iubject matter of an appeal or further proceeding or where any other proceeding under this act is pending, and the gift-tax officer is of the opinion that·the grant of refund is likely to adversely affect the revenue, the gift-tax oftieer may, with the previous approval of the commissioner withhold the refund till ncb time as the commissioner may determine 20 (3) where a refund is due to the assessee in pursuance of an order referred to in sub-section (1) and the gift-tu oftlcer does not grant the refund within a period of six months from the date of such order, the central government shall pay to the assessee simple interest at four per cent per annum on the amount of refund due from the date immediately following the expiry of the period of six months aforesaid to the date on which the refund is· granted 2s - 30 (4) where a refund is withheld under the provisions of subsection (2), the central government shall pay interest at the aforesaid rate on the amount of refund ultimately determined to be due as a result of the appeal or further proceedings for a period commencing after the expiry of six months from the date of the order referred to in that sub-section to the date the ref\md 11 granted (5) where under any of the provisions of this act, a refund is found to be due to any person, the gift-tax oftlcer, appellate assistant commissioner or commissioner, as the case may be, 35 may, in lieu of payment of the refund, set off the amount to be refunded or any part of that amount, against the swn, if any, remaining payable under this act by the person to whom the refund is due, after giving an intimation in writing to such perion of the action proposed to be taken under this 1ec110d" subatitu-28 for section 34 of the principal act, the followina section iha11 lion of new b b tit ted 1 lection for e su s u ,name y-aection 34 "34 (1) with a view to rectifying any mistake apparent from the record-rectification of miatakea (a) the gift-tax officer may amend any order of assess- 5 ment or of refund or any other order passed by him; (b) the appellate assistant commissioner may amend any order passed by him under sub-section (l) of section 17 or under section 22; (c) the inspecting assistant commissioner may amend 10 any order passed by him under sub-section (3) of section 17; (d) the commissioner may amend any order passed by him under sub-section (1) of sectio:q 17 or under section 24; (e) the appellate tribunal may amend any order passed by it under sub-section (1) of section 17 or section 23 or is section 25 (2) subject to other provisions of this section, the authority concerned-(a) may make an amendment under sub-section (1) ot its own motion; and 20 (b) shall make such amendment for rectifying any such mistake which has been brought to its notice by the assessee, and where the authority concerned is the appellate assistant commissioner or the appellate tribunal by the gift-tax officer also 25 - (3) an amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section u,nless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable 30 opportunity of being heard (4)· where an amendment is made under this section, an order shall be passed in writing by the gift-tax authority cod-cerned - (5) subject to the provisions of sub-section (2) of section 33, 35 where any such amendment has the effect of reducing the assessment, the gift-tax oftlcer shall make bay refund which may be due to such assessee s (6) where any such amendment has the effect of enhancing the assessment or reducing a refund already made, the gift-tax officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be issued under section 31 ami the provisions of this act shall apply accordingly (7) no amendment under this section shall be made after the expiry of four years from the date of the order sought to be amended" 10 27 in section 35 of the principal act,-amendmento! (i) after sub-section (2), the' following sub-section shall be section 811 inserted, namely:-is "(2a) if a person abets or induces in any manner another person to make and deliver an account, statement or declaration relating to any gifts chargeable to tax which is false and which he either knows to be false or does not believe' to be true, he shau, on conviction before a magistrate, be puilishable with simple imprisonment which may extend to six months or with fine which may extend to one thousand rupees or with both"; 20 (ii) for the explanation, the following expzanation shallbe substituted, namely:-"expzanation-for the purposes of this section, 'magistr:ate' means a presidency magistrate or a magistrate of the first class" s of 1908 28 for section 36 of the principal act, the following section shall substitube substituted, namely:-tiod of new secti'onlor section 36 "36 (1) the gift-tax officer, the appellate assistant com- power missioner, the commissioner and the appellate tribunal shall, rdei,arding h· a h h scovery, for the purposes of t 1s ct, ave t e same powers as are vested production in a court under the code of civil procedure, 1908, when trying ~~~~etc a suit in respect of the following matters, namely:-(a) discovery and inspection; (b) enforcing the attendance of any person, including any officer of a banking company and examining him on oath; 3s (c) compelling the production of books of account and other documents; and (d) issuing commissions 2017 (b) ls--3 (2) without prejudice to the provisions ot any other iaw for the time being in force, where a person to whom a summons is issued either to attend to give evidence or produce books of account or other documents at a certain place and time, intentionally omits to attend or produce the books of account or s document at the place or time, the authority empowered to issue such summons may impose upon him such fine not exceeding five hundred rupees as it thinks fit, and fine so levied may be recovered in the manner provided in chapter vii" amend-29 to section 38 of the principal act, the following proviso shall 10 ment of section 38 be added, namely:-"provided that the assessee concerned may demand that before the proceeding is so continued the previous proceeding or any part thereof be reopened or that before any order of assessment is passed against him, he be reheard" is ~ubstitu-30 for section 39 of the principal act, the following section shall bon of new section for be substituted, namely:-section 39 computation of period of limitation "39 in computing the period of limitation prescribed for an appeal or an application under this act, the day on which the order complained of was served and if the assessee was not 20 furnished with a copy of the order when the notice of the order was served upon him, the time requisite for obtaining a copy ot such order, shall be excluded" amend-31 in section 40 of the principal act, after sub-section (2), the ment of section 40 following sub-sections shall be inserted, namely: -2s "(3) after a finding of total partition has been recorded by the gift-tax officer under section 20 in respect of ~y hindu family, notices under this act in respect of the gifts made by the family shall be served on the person who was the last manager of the hindu family, or if such person is dead, then on all sur- 30 viving 'adults who were members of the hindu family immediately before the partition (4) where a firm or other association of persons is dissolved, notices under this act in respect of the gifts made by the firm or association may be served on any person who was a partner 3s (not being a minor) or member of the association, as the case may be, immediately before its dissolution" s 10 32 for section 41 of the principal act, the following section shall substitube substituted namely' _ tion of new , section for section 41 "41 the provisions of sections 137 and 280 of the income-tax prohibi-act shall apply to the disclosure of particulars contained in all tl}' on of disfc osure 0 accounts or in relation to statements, documents evidence or informaaffidavits given, produced or obtained in connecti~n with or in tion the course of any proceedings under this act, as they apply to or in relation to similar particulars under that act, subject to the modification that the reference to any income-tax authority in clause (iv) of sub-section (3) of section 137 of that act shall be construed as a reference to anygift-tax authority" 33 in section 41a of the principal act, in sub-section (3), after amendclause (t), the following clause shall be inserted, namely:-~~~:f 41a "(ia) in the case of an assessee mentioned in clause (a) of sub-section (1) or in clause (b) of sub-section (2), who presented an appeal under sub-section (1) of section 23 against the order of penalty passed by the inspecting assistant commissioner under sub-section (3) of section 17, until the appeal is disposed of by the appellate tribunal;" 20 34 for section 43 of the principal act, the following section shall ~r~~~ution be substituted, namely:'::"-' be::t~on for sect10n 43 "43 an assessee who is entitled to or required to attend ~ror!r~ift: before any gift-tax authority or the appellate tribunal in con- tax authorinection with any proceeding under this act, except where he is ::h~~i sed required under this act to attend in person, may attend by a repres ntaperson who would be entitled to represent him before any in- tives come-tax authority or the appellate tribunal under section 288 of the income-tax act" 35 in section 45 of the principal act, in clause (e), for the words, amend-30 brackets and figures "clause (i) of sub-section (3) of section 4", the meft o~5 word and figure "section 11" shall be substituted sec ion 36 in section 46 of the princljhll act, for sub-section (4), the amendfollowinlt sub-section shall be substituted namely:-me~t of "(4) the central government shall cause every rule made section 46 35 under this act to be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two 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 modifications 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 ~y thing previously done under that rule" statement of objects and reasonsthe income-tax law has been recodified in the income-tax act, 1961 as the ba~dc pattern of the gift-tax law is the same as that of the income-tax law, it has become necessary to bring the provisions of the gift-tax act, 1958 in line with the'scheme of the income-tax act, 1961 it has also been found necessary to introduce certain changes in the provisions of the gift-tax act to meet the problems which have arisen in the working of the act the changes which are independent of those made as a result of the recodification of the income tax act, 1961 are as follows:-(1) under the existing law gift-tax assessment proceedings can be taken against the donor only, the donee being liable to pay the tax after the liability has been determined and the amount of tax is found incapable of recovery from the donor it is proposed to make the donee also lia'ble, where the donor cannot be found, for the assessment and payment of tax in respect of a gift subject to the limitation that the tax payable by the donee shall not exceed the value of the gift received by him (2) under the existing law the donees are liable to pay the tax determined as payable by the donor if it cannot be recovered from the donor this liability is subject to the limitation of proportionate amount of tax on the value of gift received by the donee it is proposed to amend the existing provision by limiting the liability of the donee to the extent of the value of the gift received by him as on the date of the gift (3) the absence of any power with the commissioner of gift-tax and the central board of revenue to transfer the case of a gift-tax assessee without simultaneously transferring his income-tax case from one gift-tax officer to another has caused considerable administrative difficulties with a view to removing these difficulties it is proposed to invest these authorities with power to transfer a case from one gift-tax oftlcer to another the present bill seeks to secure the above objectives the notes on clauses explain in detail the various provisions of the bill nzw delhi; morarji desai the 7th november, 1962 notes on clausesclause 2 (a) -this clause substitutes the existing clauses (ii), (iii) and (iv) of section 2 by new clauses (i) new clause (ii) brings the definition of "appellate tribunal" in line with the definition of the term in section 2(4) of the income-tax act, 1961 (ii) new clause (iii) corresponds to section 2(iii) of the existing act, but the definition of "assessee" has been made more comprehensive on the lines of section 2(7) of the income-tax act, 1961 so as to include all possible categories, eg, persons who are themselves liable to pay tax on gifts made by them, persons liable to pay tax on gifts made by other persons and persons deemed under certain sections of the act to be assessees or assessees in default (iii) a definition of "assessment" has been inserted on the lines of section 2(8) of the income-tax act, 1961 (iv) it brings the definition of 'assessment year' ilj line with its definition as given in section 2(9) of the income-tax act, 1961 clause 2(b)-a definition of "charitable purpose" has been inserted on the lines of section 2(15) of the income;tax act, 1961 clause 2 'c) -director of inspection is not one of the authorities under the existing act this clause has been inserted to make the director of inspection an authority under the act and to clarify that the term includes his deputies and assistants also clause 2(d)-reference to the "income-tax act, 1922" has been substituted by reference to the "income-tax act 1961" clause 2(e)-two new clauses (xvia) and (xvib) have been inserted in section 2 of the act (i) a definition of "inspector of gift-tax" has been given as he has been made one of the authorities under the act (ii) the term "legal representative" has been defined on the lines of section 2 (29) of the income-tax act, 1961 as in the exist- ing act there is no definition of this term although it is used in the act clause 2 (i) -in the definition of the term "previous year" references to the provisions of the income-tax act, 1922 have been substituted by references to the corresponding sections of the incometax act, 1961 clause 3-since the term "assessment year" has been defined in the act, the words "every financial year" have been replaced by the words "every assessment year" to clarify the intention this brings the provisions in line with section 4 of the income-tax act 1961 clause 4-sub-clause (i) -in section 5 (1) (v) reference to section 15b of the income-tax act, 1922 has been substituted by reference to the corresponding provision of the income-tax act, 1961 sub-clause (ii) -this clause seeks to bring the provisions regarding residence in line with the provisions of the incometax act, 1961, while making allowance for the fact that the gifttax act does not apply to the whole of india clause s-this clause introduces a new section conferring on the central board of revenue and the commissioner power to transfer cases from one gift-tax officer to another clause 6-this clause introduces a new section which authorises the board to empower persons to exercise the functions of a director of inspection and defines those functions czause 7-by this clause a new section 11 has been inserted which makes an inspector of gift-tax as an authority under the act the new section 11a substitutes the existing section 11 and is in line with section 118 of the income-tax act, 1961 clause 8-this clause introduces a new provision on the lines of section 119(2) of the income-tax act, 1961 making it obligatory on the gift-tax officer to follow the instructions issued by the director of inspection, commissioner and the inspecting assistant commissioner within whose jurisdiction he performs his functions clause 9-this clause introduces a new section conferring on the commissioner and the inspecting assistant commissioner powers similar to those conferred under section 135 of the income-tax act, 1961 on like authorities for making enquiries clause lo-this clause amends section 13 of the existing act on the lines of section 139 of the income-tax act, 1961 it has been made clear that the provisions of section 13, apart from applying to a person who has made a gift, also apply to a person who is assessable in respect of a gift made by any other person ciause l1-this clause introduces a new section which is intended to state· comprehensively the position as regards the persons who should sign and verify returns of gifts in respect of the various kinds of assessees it is modelled on section 140 of the income-tax act, 1961 clause 12-this clause makes certain drafting changes in section 15 of the act to bring out that the amount of refund, if any, due to the assessee, ts sp~cifled, in the {lsse83ment order passed on the basis of a return found to be correct and complete sub-sections (3) and (5) of section 15 have also been amended to make it clear that the gift-tax officer shall, in framing an assessment, consider any material which he might have gathered independently these changes bring the provisions of the section in line with those of sections 143 and 144 of the income-tax act, 1961 clause 13,-this clause makes a drafting change in section 16(i) (a) to clarify that it covers also the case ot an assessee who has to file a return in respect of gifts made by another person it has become necessary as a consequence of the amendment made in section 13, clause 14-this clause replaces the existing section 17 by a new section to bring its provisions in line with the corresponding provisions in sections 271 and 274 of the income-tax act, 1961 the changes made are:-(i) in the existing section 17 maximum penalty only is specified the new section lays down both the minimum and the maximum penalties for various offences, (ii) the existing section requires that the gift-tax officer should have previous approval of the inspecting assistant commissioner for all penalty orders passed by him under the new provisions the inspecting assistant commissioner himself will pass orders in cases falling under section 17 (1) (c) (deliberate concealment of particulars about gifts) where the minimum penalty imposable exceeds rupees one thousand the need for obtaining previous approval of the inspecting assistant commissioner where penalty order is to be passed by the gift-tax officer is dispensed with clause is-this clause introduces a new provision in the act to enable the gift-tax officer to make assessments in cases where the donor is likely to leave india before the commencement of the assessment year or shortly after it without any intention of returning to india this follows the corresponding provisions of section 174 ot the income-tax act, 1961 clause 16-this clause introduces a new provision which empowers the gift-tax officer to make an assessment on the donees in a case where the donor is not available for assessment section 29 of the act provides that the tax may be recovered from the donee if it cannot be recovered from the donor but there is no provision in the act enabling the gift-tax officer to make an assessment on the donee if the donor cannot be found the clause seeks to remove this deficiency the clause also seeks to make the donees jointly and severally iiabie for the tax while limiting the liability of a donee to the maximum of the value of the gifts received by him clause 17-sub-clause (i) (a) -by this sub-clause the word 'his' has been omitted from section 22 (1) (a) to entitle a donee also to file an appeal where an assessment is made on him sub-clause (i) (b) -this sub-clause substitutes reference to section 46(1) of the income-tax act, 1922 by reference to the corresponding provisions contained in section 221 (1) of the income-tax act, 1961 sub-clause (i) (c) -this sub-clause provides for additional rights of appeal against the gift-tax officer's orders rectifying a mistake under section 34 baving the effect of enhancing the tax or reducing a refund or refusing to admit an assessee's claim under the section or against an order impolling fine for non-compliance with summons under section 36 sub-clause (ii) -this sub-clause seeks to make the existing practice a requirement under the law the changes mentioned follow the pattern of sections 246, 250 (6) and explanation to section 251 of the income-tax act, 1961 clause 18-sub-clause (i) substitutes sub-section (1) of section 23 by a new sub-section on the lines of section 253 (1) of the income-tax act, 1961 it confers on the assessee additional rights of appeal against an order passed by the appellate assistant commissioner imposing fine under section 36 and against an order passed by the inspecting assistant commissioner imposing penalty under section 17 (3) of the act the provision for appeal against orders of the commissioner under section 17 has been incorporated in section 25 which contains similar provisions sub-clause (ii) introduces a new provlslon corresponding to section 253 (4) of the income-tax act, 1961 enabling the assessee or the gift-tax officer to file a memorandum of cross objections in an appeal filed before the tribunal by the other party sub-clause (iii) confers on the tribunal power to condone delay in the filing of a memorandum of cross obiections this power is similar to the existing power of the tribunal to condone delay in filing of appeals, and is in line with section 253 (5) of the income-tax act, 1981 sub-clause (iv) substit~tes reference to sub-sections (5), (7) and (8) of section 5a of the income-tax act, 1922 by references to the corresponding provisions in sub-sections (1), (4) and (5) of section 255 of the income-tax act, 1961 clause 19-this clause introduces a new explanation which provides that in computing the limitation period of two years under section 24 (3) the time spent in giving a rehearing to the assessee under section 38 or the time for which the proceedings under the section are stayed by a court shall be excluded this provision is similar to the explanation in section 263 of the income-tax act, 1961 clause 20-see notes on clause 18 clause 21-this sub-clause substitutes existing sub-sections (1) and (2) of section 26 by new sub-sections following changes have been made to'bringthe provisions in line with those of section 256 of the income-tax act, 1961:-(a) the time within which an application should be made to the tribunal to refer a question of law to the high court has been reduced from 90 days to 60 days as provided in other direct tax laws (b) the tribunal has been required to dispose of the application within 120 days (c) under the new provision the tribunal's power to condone delay in entertaining a reference application has been restricted to 30 days sub-clauae (ii) introduces a new provision similar to that contained in section 257 of the income-tax act, 1961 enabling the tribunal to refer a question of law direct to the supreme court if there is a c:onflict in the decisions of high courts on that question sub-clause (iii) applies the procedural provisions of sub-sections (4), (5) and (6) of section 26 to direct references to the supreme court also sub-clause (iv)-suh-sections (7) and (8) of section 26 h!lve beer substituted by a new sub-section, modelled on section 260 (2) of the income-tax act, 1961, to provide that-the cost of a reference to the supreme court shall be in the discretion of the court as in the cac;e of a reference to the high court sub-section (9), having become redundant, has b~n deleted clause 22-this clause introduces two new sections, viz, sections 28a and 28b the former, based on section 285 of the income-tax act, 2017 (b) ~ 1961, provides that tax will be payable as per assessment made notwithstanding that a reference has been made to courts the latter, based on section 269 of the income-tax act, 1961, provides for a definition of high court in respect of states as well as union territories dl"ause 23-'l'his clause substitutes existing section 29 by a new section the new section while providing for the joint and several liability of the donees for the payment of tax limjts the liability of a donee to the value of the gift clause 24- (i) this clause substitutes existing sections 31, 32 and 33 by new sections in section 31 interest, fine ot any other sum payable under the act has also been mentioned reference to time within which the amount due is to be paid has been omitted as the time for payment is proposed to be prescribed in section 32 the new section is based on section 156 of the income-tax act, 1961 section 82 has been redrafted to bring its provisions in line with those of section 220 of the income-tax act, 1961 the changes made are--" (a) for the sake of simplicity the time limit for payment has been specified as 35 days in normal cases as a measure of safeguard, it has been provided that this period may be reduced in cases where it will be detrimental to revenue to allow so much time; (b) it 'has been provided that the assessee shall be liable to pay simple interest at 4% per annum from the date of expiry of the time specified in the notice of demand; (c) a specific provision has been made authorising the gifttax officer to extend the time for payment or allow payments by instalments subject to payment of interest at 4% per annum; (d) it has been made clear that the power to treat an assessee, who has filed an appeal, as being not in default, is confined to the amo~nt in dispute and that the power can be exercised even though the time for payment has expired as long as the appeal remains pending (iii) section 33 has been redrafted to apply the provisions of sections 221 to 227, 229, 231 and 232 of the income-tax act, 1961 and second and third schedules to that act and rules framed under the second schedule for recovery of any sums due under the act under the new section a unifonn procedure for effecting recovery will be followed in all the states clause 25-this clause introduces a new provision on the lines of chapter xix of the income-tax act, 1961 requiring that if a refund becomes due to an assessee in appeal, etc, the gift-tax officer will refund the amount without the assessee having to niake a claim for it the gift-tax officer has been empowered to withhold refund' or set it off against any {llllount due from the assessee in certain circumstances provision has also been made for payment of interest @ 4% per ~um to the assessee if a refund is not granted within the prescribed period or withheld in certain circumstances clause 26-this clause brings the provisions of section 34 of the act in line with the corresponding provisions of section 154 of the income-tax act, 1961 clause 27-this clause introduces a new provision making abetment of evasion an offence punishable with imprisonment and/or fine under the existing provision presidency ~gistrates, magistrates of the first class and magistrates of the second class, if specially empowered, can take cognisance of offence under the act the clause omits specially empowered magistrates of the second class these changes al"e in line with the provisions of sections 278 and 292 of the income-tax act, 1961 in section 35 of the act clause 2b-this clause brings the provisions of section 36 in line with the corresponding provisions of section 131 of the income-tax act, 1961 clause 29-this clause provides that in the event of one gift-tax authority being succeeded by another the assessee may demand that before the proceedings are continued he may be heard again the provision is the same as in section 129 of the income-tax act, 1961 czause 30-this clause makes only a drafting 'change in section 39 to bring out its intention more precisely the new section is similar to section 268 of the income-tax act, 1961 clause 31-this clause introduces a new provision on the lines of section 283 of the income-tax act, 1961 prescribing the procedure to be adopted for service of notice where a joint hindu family is disrupted or a firm or other association of persons is dissolved clause 32-this clause substitutes a new section for the existing section 41 which applies the provisions of sections 137 and 280 of the income-tax act, 1961 in place of the provisions of section 54 of the income-tax act, 1922 the prosecution under the new section for violating its prohibitory provisions will be sanctioned by the central government and not by the commissioner as under the existing provision clause 33-this clause provides that in a ease where the inspeeting assistant commissioner passes order levying pelialty, the name of the assessee can be published only after the appeal, if any, is disposed of by the appellate tribunal this is in line with section 287 (3) of the income-tax act, 1961 clau8es 34 and 35-these clauses are self-explanatory clause 36-this clause proposes to modify theprovlsionsof sub section (4) of section 46 on the lines of section 296 of the ineome-;tax act,i96l rrnancial memorandumthe officers who administer the income-tax act administer the gift-tax act also this bill will, therefore, not involve any additional expenditure - - - chapter ipre1iminary i (1) this act may be called the gift-tax act, 1958 mwrt title1 extent ana commencement (2) it extends to the whole of india except the state of jammu and kashmir definitions (3) it shall be deemed to have come into force on the 1st day of april, 1958 z in this act, unless the context otherwise requires,-- - - - (ii) "appellate tribunal" means the appellate tribunal appointed under section 5a of the income-tax act; (iii) "assessee' means a person by whom gift-tax or any other sum of money is payable under this act, and includes every pers9n in respect of whom any proceeding under this act has been taken for the determination of the gift-tax payable by him; (iv) "assessment year" means the year for which tax is chargeable under section 3; (v) "board" means the central board of revenue constituted under the central board of revenue act, 1924; -4 of 1924 (vi) "commissioner" means a person empowered to exercise the powers of a commissioner of gift-tax under sec~ion 9; 1 of 1958 11 of 1912 (vii) "company" means a company as defined in section 3 of the companies act, 1956, and includes a foreign company within the meaning of section 591 of that act; - - - - '" (xiv) "income-tax act" means the indian income-tax act, 1922; - - - - - so (l:l:) "previous year", in relation to any assessment year-(a) in the case of an assessee having no source of income, profits or gains or having a source of income, profits or gains in respect of which there is no previous year under the income-tax act, means the twelve months ending on the 31st day of man:h immediately preceding the assessment year; (b) in the case of an assessee having different previous years under the income-tax act for different sources of income, profits or gains, means that previous year of twelve months determined as the previous year under sub-clause (a) of clause (11) of section 2 of the income-tax act or such period determined as the previous year under sub-clause (b) of clause (11) of that section, whichever ·expired last;· (c) in the case of any other assessee, means the previous year as defined in clause (11) of section 2 of the income-tax act if an assessment were to be made under that act for that year: provided that where a person who has not been assessed under this act for any assessment year makes a gift on a date which does not fall within a previous yea·r as defined in subclause (a) or sub-clause (b) or sub-clause (c), the previous year shall be the twelve months ending on the 31st day of march immediately preceding the assessment year: provided further that where an assessment has been' made under this act for any assessment yearin respect of gifts made by an assessee durin~ any previous year, the meaning of the expression ccprevious year" as then applicable to him shall continue to apoly for any subsequent assessment year unless the assesse(> is allowed to vary it with the consent of the gift-tax officer who may, in allowing any such variation, impose such conditions as he may think fit; - - - - - chapl'er ii charge of gift-tax and gifts !'lubject to such charge3 subject to the other provisions contained in this act, there shall charge of be charged for every financial year commencing on and from the 1st gift-tax day of april, 1958, a tax (hereinafter referred to as gift-tax) in respect of the gifts, :f any, made by a person during the previous year (other than gifts made before -the lit day of april ltd?) at the rate or rates specified in the schedule - - - - - ~':~~~ 5 (1) gift-tax shall not be charged under this act in respect of of certain gifts made by any person-bilts (i) of immovable property situate outside the territories to which this act extends; (ii) of movable property situate outside the said territories unless the person-(a) being an individual, is a citizen of india and is ordinarily resident in the said territories, or (b) not being an individual is resident in the said territories during the 'previous year in which the gift is made; (iii) of property"in the form of savings certificates iss~ed by the central government, which that government, by notificatior in the official gazette, exempts from· gifwax; (iv) to the government or any local authority; (v) to any institution or fund established for a charitable purpose to which the provisions of section 15b of the income-tax act apply; (vi) for any charitable purpose not falling within rlause "(v)-(a) made at any time before the 1st day of april, 1958; or (b) made at any time after that date subject, in respect of each such gift, to a maximum of rupees one hundred in value and, in respect of such gifts in anyone previous year to the same donee, to a maximum of rupees five hundred in value in the aggregate; (vii) to any relative dependent upon him for suj)port and maintenance, on the occasion of the marriage of the relative, subject to a maximum of rupees ten thousand in value in respect of the marriage of each such relative; (viii) to his or her spouse, subject to a maximum 'of rupees ode ,lakh in value in the aggregate in one or more previous years" tre xpression "spouse" in this clause, where there are more wivea than one, meaning all the wives together; (ir) of policies of insurance or annuities to any person (other than his wife) who is dependent upon him for support and maintenance, subject to a maximum of rupees ten thousand in value in the aggregate in one or more previous years of the benefit in respect of each such donee; (x) under a will; (xi) in contemplation of death; '(xii) for the education of his children, to the extent to which the gifts are proved to the satisfaction of the gift-tax officer as being reasonable having regard to the circumstances of the case; (xiii) being an employer, to any employee by way of bonus, gratuity or pension or to the dependents of a deceased employee, to the extent to which the payment of such bonus, gratuity or pension is proved to the satisfaction of the gift-tax officer as being reasonable having regard to the circumstances of the case and is made solely in recognition of the services rendered bv the f'mployee; (xiv) in the course of carrying on a business, profession or vocation, to the extent to which the gift is proved to the satisfaetion of the gift-tax officer to have been made bona fide for the purpose of such business, profession or vocation; (xv) to imy person in charge of any such bhoodan or sampattidan movement as the central government may, by notiftcation in the official gazette, specify; ·(xvi) out of the sums, if any, guaranteed or assured by the central government as his privy purse, if the gifts are made tor-(a) the maintenance of any relatives dependent on him for support and maintenance; or (b) for the performance of any official ceremonies: provided that such gifts are in accordance with the practice, usage or tradition of the family to which the person making the gift belongs (2) without prejudice to the provisions contained in sub-section "(1), gift-tax shall not be charged under this act in respect of gifts madf' by any person during the previous year, subject to a maximum of ruppes ten thousand in value (~) notwithstandin~ anything contained in sub-section (1) or subsection (2), where either spouse makes any gifts out of any such gifts h17 (b) i,s-a received by that spouse as fall within clause (viii) of :mb·section (1), the gifts so made shall be deemed to be taxable gifts made by that spouse and nothing contained in sub-section (1) or sub-section (2) shall apply in relation to any such gifts explanatwn-for the purposes of this section,-(a) an individual shall be deemed to be ordinarily resident in the territories to which this act extends during the previous year in which the gift is made if during that year he is regarded as a resident but not as not ordnarily resident in the taxable territories within the meaning of the income-tax act; (b) a hindu undivided family, firm or other association of persons shall be deemed to be resident in the territories to whieh this act extends during any previous year unless, during that year, the control and management of its affairs was situated wholly outside t~said territories; (e) a company shall be deemed to be resident in the territories to which this act extends during the previous year, if--(i) it is a company formed and registered under the companies act, 1956, or is an existing company within the meaning 1 of 1958 of that act; or (ii) during that year, the control and management of that company was situated wholly in the said territories; (d) "gifts made in contemplation of death" has the same meaning as in section 191 of the indian succession act, 1925 39 of 1925 - - - - " chapter iii gift-tax authorities - - - - - gift-tax 11 the gift-tax officers shall be subordinate to the commissioner ~:!~~~rtgi- of gift-tax and the inspecting assistant commissioner of gift-tax nate ~ the within whose jurisdiction they perform their functions comrmssioner of gift-tax and the inspecting asiiistant commissioner of gift-tax gift-tax 12 all officers and other persons employed in the execution of this t~~~~f~~es act shall observe and follow the orders, instructions and directions of orders, etc, the board: of the board provided that no orders, instructions or directions shall be given by the board so as to interfere with the discretion of the appellate assistant commissioner of gift-tax in the exercise of his appellate functions chapter iv assessmentu (1) every person who during a previous year has made any return of laxable gifts shall, before the thirtieth day of june of the correspond- gifts in, auessment year, furnish to the gif~tax officer a return in the prescribed form and verified in the prescribed manner (2) if the gift-tax officer is of opinion that in respect of the gifts made by a person during any previous year he is liable to gift-tax under this act, then notwithstanding anything contained in subsection (1), he may serve a notice upon such person requiring him to furnish within such period, not being less than thirty days, as may be specified in the notice, a return in the pre~cribed form and verified in the prescribed manner (3) the gift-tax officer may in his discretion extend the date for the delivery of the return under this section - - - - - 15 (1) if the gift-tax officer is satisfied without requiring the pre- assessment sence of the assessee or the production by him of any evidence that a return made under section 13 or section 14 is complete, he shall assess the value of the taxable gifts made by the assessee and determine the amount payable by him as gift-tax - - - - iii (3) the gift-tax officer, after hearing such evidence as the person may produce and such other evidence as he may reauire on any specified points 8ha~l, by order in writing, assess the value of taxable gifts made by the assessee and determine the amount payable by him as gift-tax '" - '" - - (5) if any person fails to make a return in response to any notice under sub-section (2) of section 13 or fails to comply with the terms of any notice issued under sub-section (2) or sub-section (4), the gifttax officer shall estimate the value of taxable gifts to the best of his judgment and determine the amount payable by the person as gifttax 16 (1) if the gift-tax officer-gitteseapingauess-' menl (a) has reason to believe that by' reason sf omission or failure on the part of an assessee to make a return under section 13 for any assessment year or to disclose fully and truly all material facts necessary for his assessment for that year, any taxable gift has escaped assessment for that year, whether by reason of under-assessment or assessment at too iowa rate or otherwise; or (b) has, in consequence of any information in his possession, reason to believe, notwithstanding that there has been no such omission or failure as is referred to in clause (a), that any taxable gift has escaped assessment for any year, whether by reason of under-assessment or assessment at too low a rate or otherwisej he may, in cases falling under clause (a) at any time within eight years and in cases falling under clause (b) at any time within four years of the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 13, and may proceed to assess or re-assess any taxable gift which has escaped assessment, and the provisions of this act shall, so far as may be, apply as if the notice hald issued under that sub-section - - - - - penalty for 17 (1) if the gift-tax officer, appellate assistant commissioner, default and commissioner or appellate tribunal, in the' course of any proceed ina concealment under this act, is satisfied that any person-(a) has without reasonable cause failed to furnish the retura which he is required to furnish under sub-section (1) or ubsection (2) of section 13, or section 16 or has without reasonable cause failed to furnish it within the time allowed and in the manner required; or (b) has without reasonable cause failed to comply with a notice under sub-section (2) or sub-section (4) of section 15; or (c) has concealed the particulars of any gift or deliberately furnished inaccurate particul'ars thereof; he or it may, by order in writing, direct that such person shall pay by way of penalty-(i) in the case referred to in clause (a), in addition to t •• amount of gift-tax payable by him,'a sum not exceed ina one uti a half times the amount of such tax, and (ii) in the case referred to in clause (b) or· clause (c), ia addition to the amount of gift-tax payable by him, a sum not ex ceedine one and a half tim the amount of the tax, if aay, wlaic& would have been avoided if the return made by such person ander section 13, section 14, or section 16, as the case may be, had been accepted as correct (2) no order shall be made under sub-section (1) unless the person concerned has been given a reasonable opportunity of beini heard (3) no prosecution for an offence under this act shall be instituted in respect of the same facts in relation to which a penalty has been imposed under this section (4) the gift-tax officer shall not impose any penalty under tbis section without the previous approval of the inspecting assistant commissioner of gift-tax " " " " " chapi'er v liabilin:' to assessment in special cases " " " " " chapter vi appeals, revisions and referenceszz (1) any person,-(0) objecting to the value of his taxable gifts determined ~p~al to under this act· or apl?ellate , assistant (b) objecting to the amount of gift-tax determined as pay- ~fo~~is-able by him under this actj or frodm f or ers ° (c) denying his liability to be assessed under this actj or gomift-tax cera (d) objecting to any penalty imposed by the gift-tax officer under section 17; or (e) objecting to any order of the gift-tax officer under subsection (2) of secti~n 20; or (f) objecting to any penalty imposed by the gift-tax officer under sub-section (l) of section 46 of the income-tax act as applied under section 33 for the purposes of gift-taxj may appeal to the appellate assistant commissioner against the assessment or order, as the case may be in the prescribed form and verified in the prescribed manner: provided that no appeal shall lie under clause (i) unless the tax has been paid before the appeal is filed 13 (1) any assessee objecting to an order passed py the appellate assistant commissioner under section 17 or section 22 or to an order passed by the commissioner under section 17 may appeal to the appellate tribunal within sixty days of the date on which he is served with notice of such order - - - - - (2) the appellate tribunal may admit an appeal after the expiry of sixty days referred to in sub-sections (1) and (2) if- it is satisfied that there was sufficient cause for not presenting it within that period - - - - - (11) the provisions of sub-sections (5), (7) and (8) of section 5a of the income-tax act shall apply to the appellate tribunal in the discharge of its functions under this act as they apply to it in the discharge of its functions under the income-tax act 24 (1) - - - - - (3) no order shall be made under sub-section (2) after the expiry of two years from the date of the order sought to be revised power of commissioner to reviac orders of subordinate authorities appeal to 25 (1) any assessee objecting to an order of enhancement made x';pellate by the commissioner under section 24 may appeal to the appellate - - - - - ~'!"!!len tribunal within sixty days of the date on which the order is commuof enhance· nicated to him mentby commissioner reference to high court 26 (1) within·ninety days of the date upon which he is served with an order under section 23 or section 25, the assessee or the commissioner may present an application in the prescribed form and where the application is by the assessee, accompanied by a fee of rupees one hundred, to the appellate tribunal requiring the appellate tribunal to refer to the high court any question of law arising out of such order, and the appellate tribunal shall, if in its opinion, a question of law arises out of such order, state the case for the opinion of the high court (2) an application under sub-section (1) may be admitted after the expiry of the period of ninety days aforesaid if the appellate tribunal is satisfied that there was sufficient cause for not presenting it within the said period - - - - (4) the statement to the high court shall set forth the facti, the determination of the appellat~ tfihunal and the question of law which (5) if the high court is not satisfied that the case as stated is sufficient to enable it to determine the question of law raised thereby, it may require the appellate tribunal to make such modification therein as it may direct (6) the high court, upon hearing any such case, shall decide the question of law raised therein, and in doing so, may, if it thinks fit, alter the form of the question of law and shall deliver judgment thereon coritaining the grounds on which such decision is founded and shall send a copy of the judgment under the seal of the court and the signature of the registrar to the appellate tribunal and the appeuate tribunal shall pass such orders as are necessary to dispose of the case conformably to such judgment (7) where the amount of any assessment is reduced as a result of any reference to the high court, the amount, if any, overpaid as gifttax shall be refunded with such interest as the commissioner may allow, unless the high court on intimation given by the commissioner within thirty days of the receipt of the result of such reference that he intends to ask for leave to appeal to the supreme court, makes an order authorising the commissioner to postpone payment of such refund until the disposal of the appeal in the supreme court (8) the costs of any reference to the high court shall be in the discretion of the court - of 1908 (9) section 5 of the indian limitation act 1908 shall apply to an application to the high court under this section - - - - - chapter vii payment and recovery of gift-tax29 gift-tax shan be pavable by the donor but wher~ in the opinion gift-tax by whom of the gift-tax officer the tax cannot be recovered from the donor, it payable may be recovered from the donee: provided that the amount of the tax which may be recovered from the donee shall not exceed that portion of the gift-tax which is attributable to the value of the gift made to thp donee hy the donor as at the date of the gift - - - - - st when any tax or penalty is due in consequence of any order notice of passed under this act, the gift-tax ofticer shall serve upon the demand assessee or other person liable to pay such tax or penalty a notice of demand in the prescribed form specifying the sum so payable and the time within which it shall be payable ltecovery of tax and· penalti • 32 (1) any amount specified as payable in a notice of demand issued under section 31 shall be paid within the time, at the place, and to the person mentioned in the notice, or if no time is so mentioned, then on or before the first day of the second month following the date of service of the notice, and any assessee or other person liable to pay the amount failing so to pay shall be deemed to be in default (2) notwithstanding anything contained in this section, where an assessee has presented an appea} under section 22, the gift-tax otftcer may, in his discretion treat the assessee as not being in default as long as such appeal is nndisposed of mode , recovery 33 the provisions of sub-sections (1), (1a), (2), (3), (4), (5), (sa), (6) and (7) of section 46 and section 47 of the income-tax act shall apply as if the said provisions were provisions of this act, and referred to gift-tax and sums imposed by way of penalty under this act instead of to income-tax and sums imposed by way of penalty under that act, and to gift-tax oftlcer and commissioner of gift-tax instead of to income-tax officer and commissioner of income-tax chapter viii miscellaneousrectiftca -tion of mistakes 34 at any time within four years from the date of any order passed by him, or it, the gift-tax oftlcer, the appellate assistant commissioner, the commissioner and the appellate tribunal may, on his, or its, own motion rectify any mistake apparent from the record and shall,· within a like period rectify any such mistake which has been brought to the notice of the gift-tax oftlcer, the appellate asiistant commissioner, the commissioner or the appellate tribunal, as the case may be, by an assessee: provided that no such rectification shall be made which has the effect of enhancing the amount of gift-tax determined unless the assessee has been given a reasonable opportunity of being heard in the matter 35 (1) if any person fails without reasonable cause,-prosecution (a) to furnish in due time any return of gifts under this act; (b) to produce, or cause to be produced, on or before the date mentioned in any notice under sub-section (2) or sub-section (4) of section 15, such accounts, records and documents as are referred to in the notice; (e) to furnish within the time specified any statement or information ~hich such person is bound to furnish to the gift-tax officer under section 37; j he shall, on conviction before a magistrate, be punishable with fine which may extend to rupees ten for every day during which the default continues (2) if a person makes a statement in a verification in any return of gifts furnished under this act or in a verification mentioned in section 22, 23 or 25 which is false, and which he either knows or believes to be false, or does not believe to be true, he shall on conviction before a magistrate, be p~shable with simple imprisonment which may extend to one year, or with fine which may extend to rupees one thousand, or with both (3) a person shan not be proceeded against for an offence under this section except at the instance of the commissioner (4) the commissioner may either before or after the institution of proceedings compound any such offence explanation-for the purposes of this section "magistrate" means a presidency magistrate, a magistrate of the first class or a magistrate of the second class specially empowered by the central government to try offences under this act 5 of 1908 36 the gift-tax officer, the appellate assistant commissioner, the power to commissioner and the appellate tribunal shall, for the purposes of tak:e evldence this act, have the same powers as are vested in a court under the code on oath, of civil procedure, 1908, when trying a suit in respect of the following etc, matters, namely:-(a) enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on afftdavitj (d) issuing commissions for the examination of witnesses; and any proceeding before the gift-tax officer, the appellate assistant commissioner, the commissioner or the appellate tribunal shall be deemed to be a judicial proceeding within the meaning of sections 193 45 of 1960 and 228 and for the purposes of section 196 of the indian penal code - - - - - 38 whenever in respect of any proceeding under this act any effect of gift-tax authority ceases to exercise jurisdiction and is succeeded by =:iti~~ another who has and exercises such jurisdiction, the authority so on pending succeeding may continue the proceeding from the stage at which the f~~~edproceeding was left by his predecessor 2017 (b) ls--6 computation of period of limitation 39 iii computing the period of limitation, prescribed for an appeal under this act or for an application under section 26, the day on which the order complained of was made and the time requisite for obtaining a copy of such order shall be excluded - - - - 7~~ition 4l (1) subject to the provisions contained in sub-section (2), the ~losure of provisions of section 54 of the income-tax act shall apply to all ~nform8-accounts or in relation to statements, documents, evidence or affidavits on given, produced or obtained in connection with or in the course of any proceeding under this act as they apply to or in relation to similar particulars under that act subject to the modification that the reference to any "income-tax authority" in clause (d) of sub-section (3) and to the "commissioner" in sub-section (5) of section 54 of that act shall be construed as a reference to any "gift-tax authority" and to the "commissioner of gift-tax", respectively (2) nothing contained in section 54 of the income-tax act shall apply to the disclosure of any such particulars as are referred to in sub-section (1) to any person acting in the execution of this act or the income-tax act, or the estate duty act, 1953, or the wealth-tax 34 of 1953 act, 1957, or the expenditure-tax act, 1957, where it is necessary or ~~ ~~ ~:g~: desirable to disclose the same to him for the purposes of this act or any of the other acts aforesaid appearance before giftta:it authoritiel by autboriied representatives 43 any 'assessee who is entitled to, or required to attend beforeany gift-tax authority or the appellate tribunal in connection with any proceeding or inquiry under this act, except where he is required under this act, to attend in person, may attend by a person authorised by him in writing in this behalf, being a relative of, or a person regularly employed by, the assessee or a legal practitioner or a cbartered accountant or any other person having such qualifications as may be prescribed - expzanation-for the purposes of this section,-(a) the expression "a person regularly employed by 'the assessee" includes any officer of a scheduled bank with which the assessee maintains a current account or has other regular dealings; (b) "chartered accountant" means a chartered accountant as defined in the chartered accountants act, 1949 38 of 19451 - - - - - - 45 the provisions of this act shall not apply to gifts made by- act no~ to apply m (a) a government company as defined in section 617 of the certain c a t 1956 cases omparues c, ; 1 of 1956 (b) a corporation established by a central, state or provincial act; (c) any company (other than a private company as defined in section 3 of the companies act, 1956): provided that the affairs of the company or the shares in the company carrying more than fifty per cent of the total voting power were at no time during the previous iear controlled or held by less than six persons; (d) a company which is a subsidiary of and in which more than half the nominal value of equity share capital is held by a company referred to in clause (c); (e) any institution or fund the income whereof is exempt from income-tax under clause (i) of sub-section (3) of section 4 of the income-tax act explanation-for the purpose of computing the number of six persons referred to in the proviso to clause (c), persons who are related to one another as husband and wife, brother and sister, brothers, sisters or who are lineal descendants or ascendants of one another and persons who are nominees of any other person together with that other person shall be treated as a single person - 46 (1) the board may, by notification in the official gazette, power make rulesl for carrying out the purposes of this act ~l:u - - - - - (4) all rules made under this act shall be laid 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 the session in which they are so laid or the session immediately followinl - - - - - a bill further to amend the gift-tax act, 1958 the president has, in pursuance of clauses (1) and (3) of article 117 of the constitution of india, recommended to lot sabha the introduction and consideration of the bill m n kaul, secretary (shri mormji desai, minister of finance) | Parliament_bills | c3255850-7f90-50b2-b44b-bb348f5638ed |
sm no 17 of 1986 the tamil nadu lbgislative council (abolition) bill 1986 a blllto provide for the abolition of the legislative council of the state of tamil nadu and jot mattei's supplemental, incidentat and ~naequ~ntial thereto, be it enacted by parliament in the thirty-seventh year of the rep'lblic of india as follows:-1 (1) this act may be called the tamil nadu legislative council short (abolition) act, 1986 title add mente commence-5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,-defini tions (4) "appropriate government" means, as respects a law relating to a matter enumerated in list i in the seventh schedule to the 10 constitutlon, the central government, and as respects any other law, the state government; (b) "article" means an article of the constitution; (c) "council" means the leiislative council of the state of tamil nadu; (d) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having the force of law in the whole or any part of the state of tamil nadu; (e) "legislative assembly" means the legislative assembly of the state of tamil n adu 5 3 (1) the legislative council of the state of tamil nadu is hereby abolished '! abolition of the council (2) on the abolition of the council, every member thereof shall cease to be such member 4 in sub-clause (a) of clause ,(1) of article 168, the worda "tamil 10 nadu," shall be omitted amendment of articlo 168 5 in the representation of the people act, 1950,-(a) in the third schedule, entry no4 relating to tamil nadu ihall be omitted; amendment of act 43 'of 1950 (b) in the fourth schedule, the heading "tamil nadu" and the 15 entries thereun,der shall be omitted 6 the delimitation of council constituencies (madras) order, 1951, is hereby repealed repeal of tbe delimitation of counell conatitucndol (madru) order, 1"1 7 (1) a bill pending in the council immediately before the commencement of this act which has not been passed by the legislative 20 assembly shall lapse on the abolition of the council provisioll uto pending bui •• (2) a bill pending in the council immediately before the commencement of this act which has been passed by the legislative assembly shall not lapse on the abolition of the council, but on such abolition shall be deemed to have been passed before such commencement by lz5 both houses of the legislature of the state of tamil nadu in the form in which it was passed by the legislative assembly (3) if a bill which having been passed by the legislative assemb17 is, before the commencement of this act, either rejected by the councll or passed by the council, with amendments, the legislative assembly 30 may, after such commencement, pass the bill again with or without such amendments, if any, as have been made by the counell and the bill 80 passed shall be deemed to be a bill introduced in and puaed by the legislative assembly after the commencement of this act power to 8 the appropriate government may, before the expiration of one year s5 adapt laws from the commencement of this act, by order, published in the oftlcial gazette, make such adaptations end modifications of any law made before &'uch commencement whether by 'yay of repeal or amendment as may be neces8ary or expedient in consequence of the aboutlon of the coudcdl undw section 3, and thereupon every such law hall have dad subject to the adaptations and modifications so made power to codstrue laws 9 notwithstanding that no provision or insufficient provision has been made under section 8 for the adaptation or modification of a law 5 made before the commencement of this act, any court, tribunal or authority required or empowered to enforce such law may construe the law in such manner, without aff~cting the substance, as may be neces- sary or proper on account of the abolition of the council, in regard to the matter before the court, tribunal or authority statement of objects and reasonsunder article 169 of the constitution, parliament may, by law, provide for the abolition of the legislative council of a state having ~uch a council, if the legislative assembly of the state passes a resolution to that effect by a majority of the total membership of the assembly and by a majority of not less than two-thirds of the members of the assembly prest'nt and voting on the 14th may, 1986, the legislative assembly of the state of tamil nadu passed a resolution in terms of article 169 of the constitution for the abolition of the legislative council of that state it is accordingly proposed to abolish the legislative council of the state of tamil nadu 2 the bill seeks to give effect to this object and also provides for matters supplemental, incidental and consequential to such abolition h r bhardwaj nzw dam; the 4th august, 1986 memorandum regarding delegated legislationclause 8 of the bill empowers the appropriate government to make such adaptations and modifications of any law ~ade before the commencement of the proposed legislation as may be necessary or expedient in consequence of the abolition of the legislative council of the state of tamil nadu this power will be available only for a period of one year from the commencement of the proposed legislation the adaptations and modifications can be only such as are necessary or expedient in consequence of the abolition of the council and cannot affect the substance of the laws adapted or modified 2 the dele~ation of legislative power is, therefore, of a normal character - - • - cuap'ier ill tin; state lbmsutud186 (1) ' (4) in the states of bihar, tamil nadu, maharashtra, karnataka and uttar pradesh two houses; extracts from "the rmpdsj:ntatlon of tidl plilopli act, 1950 (43 of 1950) - the third schedule(see section 10) allucation of seats in the legislative councils name of state total number to be elected or nominated under article 171(3) sub-subclaulle c1auie (4) (,) number ofaeata sub-sub-subclause clalllo clause (0) (6) (e) 6 7 2 3 4-5 - - &3 21 6 6 + 21 9 tamilndu - the fourth schedule[see section 27 (2) ] local authorities fen' purposes of elections to legis14tive council8 - - tamil nadu 1 municipalities 2 panchayat union councus 3 omtmunent boards 4 town panchayats notified under the tamil nadu panchlyats act, 1958 (tamil nadu act xxxv of 1958), that is to say, panchayatb having a ,population estimated at not less than fivethoulalld and an annual income e1tima~ at not less than ten thowland rupees - - •• - - 'the delimitation of council constituencies '(madras) order, 1951in pursuance of section 11 of the representation of the people act, 1950 (43 of 1950), the president is pleased to make the following order, namely:-1 this order may be caned the delimitation of councll constituencies (madras) order, 1951 2 'l'he constituencies into which the state of tamil nadu ihall be divided for the purpose of elections to the legislative councll of the state from: (4) the graduates' constituencies, (b) the teachers' cowltuencies, and (c) the local authorities' constituencies in the said state, the extent of each such constituency and the number of beata allotted to each such constituency shall be as shown in the following table:-| extent | of | collltituency ||-----------------------------------------------------------|-----------------|------------------|| number | | || of sea | | || til | | || name | of | conatituency || | | || :1 | | || --------------------------------------------------------- | | || graduatls' | constilrl",cils | || madras | | || district | | || i | | || madra, | district | || gradultes | | || ch'mtalpsttu, | | || notth arc,,'t | and | south areal || districts | | || 3 | | || tamil | nadu | || but | | || ccntralgraduates | | || thanjavur, thiruchitapalli and puduk- | | || kottai | | || districts | | || 4 | tamil | || nadu | welt | central || graduatc5 | | || salem, dharmapuri, coimbatore, | | || periyar | | || and nilgiria districli | | || 5 | tamil | nadu || madurai | | || anna, | ramanathapuram | || kamarajar, | paaumpon | || muthura- | | || malin$am, | | || tirudeiveu | and kannlya- | || kuman | | || qtrietl | | || t,od!irs' | | || gmmlfllneils | | || maciru and | chenplpattu | districts |6 madl'iii chenplpattu teachen north areat and south arcot diltrlcta 7 north atcot, south areat teachen tlaaqjawr, 'ftdrw:binpaui and pull bull diltricu salem, dhannapuri, colmbalore, periyar and nupii diatricii g dbaraatpuri, ooimhaecn, periyu-, nu,iril teiabert maclurai aliq", ramallatbaplll'aas, ~ uid p-,'ulupon !4iathurlualing m dillrkx •• 10 m,:llitai~u!d'a!lq "owjl· rami"" tqpuradac\ud·lt&ja ,rj if"ouid' p4i&idpdd m,atlwr;aaaalldpid tacher 14 narda aroot local autharldel narth arcot diitdct \i 15 south arcot local authoridal south arcot diitrict i 16 thl'ljavw' local authorities 'l'banjavur diltrict q 17 thii'iiclait"p1w, pliriuk\uttll lx,1 all' l'bitllchlrapo\ui and pildukkottal districts \i tboridei ig colmb,lich'e, pcrlyar, nllgiris local au· ooimbatore, per\yar and nil,lril diatrictl q thoridea qo madurai-oum-anila'loeai authoritiel madurai and diatrlctl ramaoathapuram, k ~lr and pa'uldpon ii muthur malllllaid diltricts iu ramao thapuram·eum·k lm irajarcum·p lsumpcld mlithuram~ul\lam local authorltlel !ill tiranelnu local authorl_ as kauaiyakumarl local authorltlcs s ally reference ill thia order to a diltrict aball be collltrued ai a reference to the area compo tiled within that diltrict oil the 15th day of september, 198s billto provide for the aboution of the legislative council of the state of tamil nadu and for matters supplemental, incidental and consequential thereto (shri h r bhardwaj, minister 01 sttlle ill 'he mlni3try of law and iustf£e)' | Parliament_bills | 6461e514-94e7-5d13-af10-d0a0d9e82a35 |
the press and registration of books (amendment) bill, 1955-(as introducbd in lok sabha) the press and registration of books (amendment) bill, 1955 (as introduced in lok sabha) a bill/tvrther to amend the l?ress and registration of books act, 1867 be it enacted by parliament in the sixth year of the republic of india as follows:-1 (1) this act maybe called the press and registration of books short title (amendment) act 1955 and com-, mencement s (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 in the long title of the press and registration of books act, amendment 1867 (hereinafter referred to as the pz:incipal act), after the word !!::o~vh~ "books" occurring in both the places, the words "and newspapers" 1867· 10 shall be inserted 3 in the preamble to the principal act, for the words "every amendment book printed or lithographed in india and for the registration of~: kl'e8~~ such books", the words ""every book ind newspaper printed in india of 1867· and for the registration of such books and newspapers" shall be is substituted 4 in section 1 of the principal act,-amen~ment of section i, (a) in the definition of "book", the words "or lithographed" shall act xxv of be omitted; 1867 20 25 (b) after the definition of "newspaper", the following definitions shall be inserted, namely:-''paper'' means any document, including a newspaper, other than a book; "printing" includes cylostyling and printing by lithography; "prescribed" means prescribed by rules made by the central government under section 20aj "press registrar" means the registrar of newspapers for india appointed by the central government under section 19a and includes any other person appointed by the central government to perform all or any of the functions or the press registrar; s "register" means the register of newspapers maintained under section 19b amendment 5 section 4 of the principal act shall be re-numbe,red as sub-~'jglvd!r section (l) of that section and after sub-section (1) as so re-numbered, 1867· the following sub-section shall be inserted, namely: -10 "(2) as often as the place where a press is kept is changed, a new declaration shall be necessary: provided that where the change is for a period not exceeding sixty days and the place where the press is kept after the change is within the local jurisdiction of the magistrate is referred to in sub-section (1), no new declaration shall be necessary 1£-(a) a statement relating to the change is furnished to the said magistrate within twenty-four hours thereof; and 20 (b) the keeper of the press continues to be the same" amcddmeot of aec:tiod 5 actxxv of 11167· 6 in section 5 of the principal act,-(ar in the declaration contained in rule (2), for the words "and printed or published, or printed and published", the words "alul to be printed or published, or to be printed and published" shall be substituted; 2s (b) after rule (2), the following rule shall be inserted, namely:-"(2a) every declarati~ under rule (2) shall specify the title of the newspaper, the language in which it is to be published and the periodicity of its publication and shall contain such other particulars as may be pres- 30 cribed"; (c) to rule (3), the following proviso shall be added, namely:-"provided that where the change is for a period not exceeding thirty days and the place of printing or publication after the change is within the local jurisdiction of 35 the magistrate referred to in rule (2), no new declaration shall be necessary if-:-(a) a statement relating to the change is furnished to the said magistrate within twenty-four hours thereof; and (b) the printer or publisher or the printer and publisher of the newspaper continues to be the same"; (d) in rule (4), for the words "shall leave india", the words "shall leave india for a period exceeding thirty days" shall s be substituted; (e) after rule (4) and before the proviso, the following rules shall be inserted, namely:-"(5) eva-y declaration made in respect of a newspaper shall be void, where the newspaper does not commence pub-10 lication-(a) within six weeks of the declaration, in the case (,f a newspaper to be published once a week or oftener; and (b) within three months of the declaration, in the case is of any other newspaper, and in every such case, a new declaration shall be necessary before the newspaper can be published (6) where, in any period of three months, any daily, tri-weekly, bi-weekly, weekly or fortnightly newspaper 20 publishes issues the number of which is less than half of what should have been published in accordance with the declaration made in respect thereof, the declaration shall cease to have effect and a new declaration shall be necessary before the publication of the newspaper 25 can be continued (7) where any other newspaper has ceased publication for a period exceeding twelve months, every declaration made in respect thereof shall cease to have effect, and a new declaration shall be necessary before the news-30 paper can be re-published (8) every existing declaration in respect of a newspaper shall be cancelled by the magistrate before whom a new declaration is made and subscribed in respect of the same" , 3s 7 in section 6 of the principal act,-amendment of section 6, (a) after the first paragraph, the following proviso shall be inser- act xxv of ted, namely: _ 1867· 40 "provided that where any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not, save in the case of newspapers owned by the same person, be so authenticated unless the magistrate is satisfied from such inquiry as he thinks fi t to make from the press registrar or otherwise that the newspaper proposed to be published does not bear a title which is the s~e as, or similar to, that of any other newspaper published either in the same language s or in the same state"; (b) after the third paragraph, the following paragraph shall be inserted, namely:-"a copy of the declaration attested by the official seal of the magistrate shall be forwarded to tlie press regis-10 trar" 8 in section 8 of the principal act,-amendmenl ofsection 8, act xxv of 1867 (a) for the first paragraph, the following paragraph shall be substituted namely:-"if any person has subscribed to any declaration in respect is of a newspaper under section 5 and the declaration has been authenticated by a magistrate under section 6 and subsequently that person ceases to be the printer or publisher of the newspaper mentioned in such declaralation, he shall appear before any district, presidency 20 or sub-divisional magistrate, and xnake and subscribe in duplicate the following declaration:-'i, ab declare that i have ceased to be the printer or publisher or printer and publisher of the newspaper entitled· "; 25 (b) after the fourth paragraph, the following paragraph shall be inserted, namely:-"a copy of the latter declaration attested by the official _seal of the magistrate shall be forwarded to the press registrar" 30 amenc:!ment 9 in section 9 of the prineipal act, the words "or lithographed" of section 9 act xxv of wherever they occur shall be omitted 1867· insertion of 10 after section lla of the principa! act, the following section new section ·shall be inserted, namely:-lib in act xxv of 186, copies of newspapers to be delivered to press registrar "l1b subject to any rules that may be made under this act, the 35 publisher of every newspaper in india shall deliver free of expense to the press registrar one copy of each issue of such ilewspaper as soon as it is published" amendment 11 in section 13 of the principal act, for the words dwithout ~c~~~{} i~; making such a deciaration as is required by section 4 of this act", 40 1867· the words "in contravention of any of the provisions contained in section 4 of this act" shall be substituted 12 in section 14 of the principal act, for the words "any declara- ameadmcnt t~on", the words "any declaration or other statement" shall be subs- tc:~ i:r s tltuted 1867 10 13 after section 15 of the principal act the following section inlertion of shall be inserted, namely: _ new secuon isa in act xxvofi867 "15a if any person who has ceased to be a printer or publisher p~nalty for of any newspaper fails or neglects to make a declaration in :e a ~~ compliance with section 8, he shall, on conviction before a lantion uil-magistrate, be punishable by fine not exceeding two hun- der section 8· died rupees" is 14 after section 16a of the principal act, the following section idlemon of new section shall be inserted, namely: -r6b in act xxvof1867 "16b if any publisher of any newspaper published in india pefi dal ity for 1 t d 1· f th l' 'th at ure to neg ec s to elver copies 0 e same 10 comp lance wi luppl y copisection lib, he shall, on the complaint of the press registrar, ci of newi-b h bi ibm' h'" papera to e pums a e on convict on y a aglstrate avmg lurls- the pres diction in the place where the newspaper was printed, by registrar fine which may extend to fifty rupees ror every default" 20 15 in section 18 of the principal act in item (12) ot the parti- amef_~~ment 0 k"uon 18 culars, for the words "or hthographed", the words "cyclostyled or act xxv of lithographed" shall be substituted 1867· 16 after part v of the principal act, the following part shall be lnaettion of inserted namely'-new pan va 2s ' in act xxv of 1867 "part va registration of newspapers30 19a the central govemment may appoint a retriatrar of news- :r=~ papers for india and such other olken udder the general,istrar ind superintendence and control of the press rejistrar as may other officera be necessary for the purpose of performing the functions assigned to them by or under this act and may, by general or special order, provide for the distribution or allocation of functions to be performed by them udder this act 35 19b (1) the press registrar shan maintain in the prescribed reailter of manner a register of newspapers newspapers ,(2) 1'he register shall, as far as may be practicable, contain the following particulars about every newspaper published in india, namely:-(a) the title of the newspaper; (b) the language in which the newspaper is published; (c) periodicity of the publication of the newspaper; (d) the name of the editor, printer and publisher of the newspaper; (e) the place of printing and publicatiolt; (f) the average number of pages per week; (g) the number of days of publication in the year; (h) the average number of copies printed, the average number of copies sold to the public and the average numbel' 10 of copies distributed free to the public, the average being calculated with reference to such period as may be prescribed; (i) retail selling price per copy; (j) the names and addresses of the owners of the newspaper is and such other particulars relating to ownership as may be prescribed; (k) any other particulars which may be prescribed (3) on receiving infonnation from time to time about the aforesaid particulars, the press registrar shall cause relevant 20 entries to be made in the register and may make such necessary alterations or corrections therein as may be required for keeping the register up-to-date ccrtiftaatct of reaimadon 19c on receiving from the magistrate under section 6 a copy of the declaration in respect of a newspaper, the press regis- 25 trar shall cause relevant entries to be made in the register in respect of the newspaper and shall, as soon as practicable thereafter, issue a certificate of registration in respect of that newspaper to the publisher thereof 19d it shall be the duty of the publisher of every newspaper-· 30annual statem:nt etc, to be furnilhed by qewlpapen (a) to furnish to the press registrar an annual tltatement in respect ot the newspaper at such time and containing such of the particulars referred to in sub-section (2) of section 19b as may be prescribed; (b) to publish in the newspaper at such times and ~uch of 35 the particulars relating to the newspaper referred to in sub-section (2) of section 19b as may be specified in this behalf by the press registrar '' 19e the publisher of every newspaper shall furnish to the retuma -:d press registrar such returns, statistics and other information =:~ b; with respect to any of the particulars referred to in suo-f newspaper section (2) of section 19b as the press registrar may from' time to time require 10 is 2s19f the press registrar or any person authorised by him in right of acwriting in this behalf shall, for the purpose of the collection ~!s!d:: of any information relating to a newspaper under this act, ments have access to any relevant record or document relating to the newspaper ill the possession of the publisher thereof, and may enter at any reasonable time any premises when he believes such record or document to be and may inspect or take copies of the relevant records or documents or ask any question necessary for obtaining any information reo quired to be furnished under this act 19g the press registrar shall prepare, in such form and at such annual time each year as may be prescribed, an annual report con repone taining a summary of the information obtained by him during the previous year in respect of the newspapers in india and giving an account of the working of such newspapers, and copies thereof shall be forwarded to the central government furnishing 19h on the application of any person for the supply of the of cop lei of copy of any extract from the register and on payment of ~r~ from such fee as may be prescribed, the press registrar shall eiliter furnish such copy to the applicant in such form md manner as may be prescribed 191 subject to the provisions of this act and regulations made ~~=~ thereunder, the press registrar may delegate all or any of his powers under this act to any officer subordinate to him 19k the press registrar and all officers appointed under this ::' re:ci act shall be deemed to be public servants within the meaning other officer of section 21 of the indian penal code" - to be public - servants ~7 in section 20 of the principal act, after the words "make such ame f nc!mento 3 it i" d ft " h hi' 0 iccuon 2 ~ ru es - the wor sand gures not inconsistent wit t e regu allons act xxv of made by the central government under section 20a" shall be inser- 1867 ted 18 after section 20 of the principal act, the following shall be inserted, namely:-section idleman' of new aec:tion 20a in act xxv of 1867 "20a the central government may, by notification in the official gazette, make rulesrulel (a) prescribing the particulars which a declaration made and subscriobed under section 5 may contain; (b) prescribing the manner in which copies of any dt>clara- s tion attested by the official seal of a magistrate may be forwarded to the press registrar; 10 (c) prescribing the manner in which copies of any newspaper may be sent to the press registrar under section lib; (d) prescribing the manner in which a register may be maintained under section 19b and the particulars which it may contain; (e) prescribing the particulars which an annual statement to be furnished by the publisher of a newspaper to the 15 press registrar may contain; (f) prescribing the fees for furnishing copies of extracts from the register and the manner in which such copies may be furnished; (g) prescribing the manner in which a certificate of regis- 20 trationmay be issued in respect of a newspaper; (h) prescribing the form in whfcll, and the time within , which, annual reports may be prepared by the press registrar and forwarded to the central government" idicrti~,~ 19 after section 21 of the principal act, the following section 2s new iq,;uud 22 in act shall he inserted, namely:-xxv of 1867· b~t~ "22_ this act extends to the whole of india except th, ~~~ qf j~dldlu ~t;i kml\mh''', statement of objects and reasonsthe press laws inquiry committee which was set up by the government to enquire into the press laws made certain recommendations in 1948 for amending the press and' registration of books act, 1867 bas~d partly on these recommendations and partly on recommendations made by state governments, who had experienced practical difficulties in the working of the act, the press and registration of books (amendment) bill 1952 was introduced in parliament the press commission, which was appointed shortly thereafter, reviewed the entire position in respect of the working of the act they substantially endorsed the provisions of the above bill and made certain' further recommendations for the amendment of the act· the present bill incorporates the provisions of the earlier bill and makes certain further provisions in order to give effect to the recommendations of the press commission 2 the bill makes certain provisions for practical contingencies like temporary changes in the place of printing or publication it also provides that a declaration in respect of a newspaper shall cease to have effect if the newspaper does not commence publication within a specified period or if it ceases publication for a year or more or if it publishes issues the number of which is less than half of what should have been published in accordance with the declaration made in respect thereof 3 the act was intended to apply to all papers printed (including posters, etc), and, as recommended by the press commission, this intention has been clarified by removing the doubt which judicial decisions seem to have created 4 in accordance with the recommendations of the press commission, it is proposed to set up an organisation under a press regi&-trar for the purpose of registration of all newspapers published in india and for the collection, maintenance and publication of information concerning them new delhi; 'rhe 15th july, 1955 b v keskar explanatory memorandum regarding delegated legislationclause 18 of the bill empowers the central government to make regulations for carrying out certain procedural requirements laid down in the bill these are purely procedural matters of a routine character and relate inter alia to prescribing particulars of declaration, the manner of sending copies of declaration to the press registrar, the delivery of copies of newspapers to the press registrar, the maintenance of a register and the issuing of certificates by the press registrar and fees for furnishing copies of the extracts of register maintained by the press registrar the delegated legislation is of a normal character financial memorandumthe proposed section 19a in clause 16 of the bill contemplates the appointment of a press registrar and such other officers as may be necessary for the purpose of performing the functions assigned to them the nuclear organisation, as at present envisaged, would require an initial non-recurring expenditure of about rs 20,000/- and an annual recurring expenditure of about rs 50,000/- the cost may increase depending upon the functions which may be assigned to this organisation and it is, therefore, not possible at this stage to form a more accurate estimate for the year 1955-56, it is expected that the following sums will be required:-non-recurring rs 20,000/- recurring rs 30,000/- no provision has been made in the budget for this purpose, but the necessary funds will be made available by re-appropriation, if ~sible funds in respect of subsequent years will vary from year to year, and will be provided for in the budget estimates in the normal way annexure extracts from the press and lugistration or books ac:r, 1867 (no xxv of 1867) an act for the regula~on of pri~ting presses and newspapers, for the preservation of copies of books printed in india and for the registration of such bookspreambe whereas it is expedient to provide for the regulation of printing presses and of newspapers, for the preservation of copies of every book printed or lithographed in india and for the registration of such books; it is hereby enacted as follows:- part i preliminaryinterpreta-1 in this act, unless there shall be something repugnant in the tion clause subject or context,-•• book " "book" includes every volurite, part or division of a volume, and pamphlet in any language, and· every sheet of m~c, map, chart or plan separately printed or lithographed - - - - - rules al to 5 no newspaper shall be published in india, except in confor-~~':'~on mity with the rules hereinafter laid down: ptiperi ' - - - - - - (2) the printer and the publisher of every such newspaper shall appear in person or by agent authorised in this behalf in accordance with rules made under section 20 before a district, presidency or sub-divisional magistrate within whose local jurisdiction such newspaper shall be printed or published, or such printer or publisher resides, and shall make and subscribe, in duplicate, the following declaration:-"i, ab, declare that i am the printer or publisher, or printer and publisher of the newspaper entitled '" and printed or published, or printed and published, as the case may be at " and the last blank in this form of declaration shall be filled up with ·a true and precise account of the premises where the printing or publication is conducted: , (4) as often as the printer or the publisher who shall have made such declaration as is aforesaid shall leave india, a new declaration from a printer or publisher resident within the said territories shall be necesspry: provided that no person who has not attained majority in accordance with the provisions of the indian majority act, 1875, or of the law to which he isi subject in respect of the attainment of majority, shall be permitted to make the declaration prescribed by this section, nor shall any such person edit a newspaper - - - - - 8 provided always that any person who may have subscribed ~:: t!ec~~~: any such declaration as is aforesaid, and who may subsequently sons , who cease to be the printer or publisher of the newspaper mentioned in !i~fara':i,:ed such declaration, may appear before any district, presidency or and subtle-sub-divisional magistrate, and make and subscribe in duplicate the ~:a~~~yto be following declaration: -printer or publishen - - - - - part iii delivery of books9 printed or lithographed copies of the whole of every 'book copies ,of which shall be printed or lithographed in india after this act shalf :tj~e!~: come into force, together with all maps, prints or other engravings n;encement belonging thereto, finished and coloured in the same manner as the de~~ be best copies of the same, shall, notwithstanding any agreement (if gratis lo~go-, d h' i' h the book be pubhshe ) between t e prmter and pub is er thereof, vernmcnt be delivered by the printer at such place and to such officer as the state government shall, by notification in the official gazette, from time to time direct, and free of expense to the government as follows that is to say:-(a) in any case, within one calendar month after the day on which any such book shall first be delivered out of the pl'ess, one such copy, and (b) if within one calendar year from such day the state government shall require the printer to deliver other such copies not exceeding two in number, then within one calendar month after the day on which any such requisition shall be made by the state government on the printer, another such copy, or two other such copies, as 'the state government may direct, the copies so delivered being bound, sewed or stitched together and upon the best paper on which any copies of the book shall be printed or lithographed the publisher or other person employing the printer shall, at a reasonable time before the expiration of the ~id month, supply him with all maps, prints and engravings finished and coloured as aforesaid, which blay be necessary to enable him to comply with the requirements aforesaid nothing in the former part of this section shall apply to -(i) any second or subsequent edition of a book in which edi- ~ tion no additions or alterations either in the letter-press or in the maps, book prints or other engravings belonging to the book have been made, and a copy of the first or some preceding edition of which book has been delivered under this act, or (ii) any newspaper published in conformity with the rules -laid down in section 5 of this act - - - - - pena!ty for 13 whoever shall keep in his possession any such press as ~:~mgwith_ aforesaid, without making such a declaration as is required by out 1ara~ng section 4 of this act, shall, on conviction before a magistrate, be :~ui~onby punished by fine not exceeding two thousand rupees, or by simple section 4 imprisonment for a term not exceeding six months, or by both - - - - - punishmc~ u any person who shall, in making any declaration under the ~~e m::~! authority of this act, make a statement which is false, and which ment he either knows or believes to be false or does not believe to be true, shall, on conviction before a magistrate, be punished by fine not exceeding two thousand rupees, and imprisonment for a term not exceeding six months - - - - - part v registration of booksregi,tration 18 there shall be kept at such office, and by such officer as the ~ m~state government shall appoint in this behalf a book to be called book! a catalogue of books printed in india, wherein shall be registered a memorandum of every book whi~h shall have been delivered pursuant to clause (a) of the first paragraph of section 9 of this act such memoranclum shall (so, far as may be practicable) contain the following particulars (that is t~ say):-(1) the title of the book and the contents of the title-page, with a translation into english of such title and contents, when the same are not 1n the english language; (2) the language in which the book is written; (3) the name of the author, translator or editor of the book or any part thereof; (4) the subject; (5) the place of printing--and the place of publication; (6) the name or firm of the printer and the name or firm of the publisher; (7) the date of issue from the press or of the publication; (8) the number of sheets, leaves or pages; (9) the size; (10) the first, second or other number of the edition; (11) the number of copies of which the edition consists; (12) whether the book is printed or lithographed; (13) the price at which the book is sold to the public; and (14) the name and residence of the proprietor of the copyright or of any portion of such copyright such memorandum shall be made and registered in the case of each book as soon as practicable after the delivery of the copy thereof pursuant to clause (a) of the first paragraph of section 9 part vi miscellaneous20 the state government shall have power to make such rules power to as may be necessary or desirable for carrying out the objects of make rules this act, and from time to time to repeal, alter and add to such rules all such rules, and all repeals and alterations thereof, and addi- publication tions thereto, shall be published in the official gazette a bill further to amend the press and registration of books act, 1867 the president has, in pursuance of clause (3) of article i 17 of the constitution of india, recommended to lok sabha the consideration of the bill m n kaul, secretary, dr b v keskar, minister of in/ormation and broadcasting gipd-lad-s3s ls-29-1-s5-17s0 | Parliament_bills | bd97f349-1e52-5ce8-9ec1-6ce416cb346d |
bill no 268 of 2016 the national board for welfare of flood victims bill, 2016 by shri ajay misra 'teni' mp a billto provide for the constitution of a national board for welfare of flood victims by making provisions of providing permanent shelters to flood victims, suggest measures to control floods and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "board" means the national board for welfare of flood victims constituted under section 3; and(b) "prescribed" means prescribed by rules made under this act53 (1) the central government shall, by notification in the official gazette, constitute a national board for welfare of flood victims(2) the headquarters of the board shall be at new delhi and its regional offices shall be located in the capital of each stateconstitution of the national board for providing of permanent shelters to flood victims10(3) the board shall consist of a chairperson and such other members as may be prescribed(4) the salary and allowances payable to, and other terms and conditions of service of the chairperson and other members of the board shall be such as may be prescribed(5) the central government shall make available such officers and staff to the board as it may require for its efficient functioning154 the board shall—functions of the board(1) identify areas in every state which are prone to flood;(2) take steps to provide permanent shelters capable of withstanding theintensity of the flood to people in identified areas;20(3) formulate accelerated water drainage system in the residential areas locatednear rivers;(4) take steps for plantation in nearby areas of river banks to mitigate thegravity of flood;(5) install flood forecast system to alert the persons residing in flood proneareas; and25(6) make recommendations to the central government regarding minimizing theloss of lives and property in flood affected areas5 the expenditure incurred on provision of permanent shelter to flood victims under section 4 shall be borne by the central government and the state governments in such ratio, as may be prescribedexpenditure incurred on implementation of the act to be borne by the central and the state governments306 it shall be the duty of the central government to implement the recommendations of the board:recommendations of the board to be implemented by the central governmentprovided that where it is felt that any recommendation cannot be implemented due to any reason, the central government may, for reasons to be recorded in writing, inform the board accordingly35annual report7 (1) the board shall prepare, in such form and at such time, as may be prescribed,its annual report, giving a true and full account of its activities during the previous financial year and submit a copy thereof to the central government(2) the central government shall cause the annual report to be laid before each house of parliament40power to make rules8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act5(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsindia is an agricultural country where more than seventy per cent of the people earn their sustenance from agriculture itself as it happens to be the principal source of their income besides natural resources, favourable atmosphere is also necessary for good produce polluted environment, unplanned and uncontrolled development leads to disruption in the weather-cycle in the country frequently culminating in the incidence of floods in the recent past, floods have wreaked havoc in uttar pradesh, madhya pradesh, bihar, west bengal, uttarakhand, odisha, etc the floods have devastated hundreds of villages and caused severe damage to life and property as well as to crops alongside, agricultural land has been subjected to great soil erosion several parts of the country have to bear the burnt of devastating floods every year from june to september due to which millions of people get displaced and rendered homeless huge loss occurs due to the loss of crops, livestock as well as erosion of soil in view of the problems faced by the flood victims, temporary arrangements of shelter and food are made for themsuch temporary arrangements need to be put in place in the flood affected areas every year there is a need to exercise an effective control and find a permanent solution by making arrangements for permanent shelters to the flood affected people with essential infrastructure like pucca houses, proper drainage system, community hall for livelihood in emergent situation and sheds for animals with proper provision of fodder, etchence this billnew delhi;ajay mishra 'teni'october 19, 2016 financial memorandumclause 3 of the bill provides for constitution of a national board for welfare of flood victims clause 4 provides inter alia that board shall take steps to provide permanent shelters capable of withstanding the intensity of the flood to people in identified areas, formulate accelerated water drainage system in the residential areas located near rivers and install flood forecast system to alert the persons residing in flood prone areas clause 5 provides that the expenditure incurred on provision of permanent shelters to flood victims shall be borne by the central government and state governments in prescribed ratio 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 one thousand crore per annuma non-recurring expenditure of about rupees twenty thousand crore is also likely to be incurred memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only, and as such, the delegation of legislative power is of a normal character———— a billto provide for the constitution of a national board for welfare of flood victims by makingprovisions of providing permanent shelters to flood victims, suggest measures to control floods and for matters connected therewith or incidental thereto————(shri ajay mishra 'teni', mp)gmgipmrnd—2893ls(s3)—18-11-2016 | Parliament_bills | dfd1c142-ce77-5ab6-94a9-4bdfb1c93328 |
the foreign exchange regulation (amendment) bill, 1957(as introduced in lok sabha) lok sabra corrigenda to the foreign mcchange ridulation (amendment) bill, 1957(as introduced in lok sabha) 1 page 5, line 32, for "busines" ~ "business" 2 page 8, line 38,-after "in" omit "the" -3 page 14,-in the marginal heading to section 8, !2!: "important" ~ tlimp~rt and" 4 page 16, line 4,-for "of" ~ "or" new delhi 26th july, 19~? the foreign exchange regulation (amendment) bill, 1957 (as itnroduced in lok sabha) a billfurther to amend the fcreign exchange regulation act, 1947 be it enacted by parlinment in the eighth year of the republic of indra as follows:-1 this act may be called the foreign exchange regulation short title (amendment) act, 1957 7 of 1947 5 z in section 1 of the foreign exchange regulation act, 1947 amend~ent (hereinafter referred to as the principal act), sub-section (4) shall of section i be omitted i i 3 in section 2 of the principal act,-amendment of section 2 (i) for clause (a), the following clauses shall be substituted, 10 namely:-' ! c (a) "appellate board" means the foreign exchange regulation appellate board constituted by the central government under sub-section (1) of section 23e; (ai) "authorised dealer" means q person for the time 15 being authorised under section 3 to deal in foreign exchange; (aii) "bearer certificate" means a certificate of title to securities by the delivery of which (with or without endorsement) the title to the securities is transferable; 20 (aiii) "certificate of title to a security" moons any document used in the ordinarycourse of business as proof of the possession or control of the security, or authorising or purporting to authorise, either by an endorsement or by delivery, the possessor of the doc1iment to transfer or receive the security thereby represented; (aiv) "coupon" means '3, coupon representing dividends or interest on a security;'; s (ii) in clause (b), after the words "postal notes", the words "postal orders" shall be inserted; (iii) after clause (b), the 'following clause shall be inserted, namely:-i '(bb) "director of enforcement" means the director of 10 enforcement of foreign exchange regulation appointed by the central government for the purpose of enforcinl the provisions of this act;'; (iv) in clause (e), for the word "issued", the words "created or issu~" shall be substituted; is (v) in clause (f), after the words "refined or not", the words "and jewellery or articles made wholly or nufthiy of gold" shall be inserted; (vi) in clause (k), after the words "sub-units of unit trusts", the words ''ruld includes certificates of title to securi- zo ties" shall be inserted; (vii) in clause (1) ,-(a) for the word "means", the word "includes" shall be substituted; and (b) after the words "or elsewhere", the words "and ~s jewellery or articles made wholly or mainly of silver" shall be inserted amed~cdt 4 in section 3 of the principal act, in sub-section (2), after the of icctiod 3· words i "under this section", the -words "shall be in wri,ting and" shall be inserted ameudm 5 in sub-section (2) of section 8 of the principal act, for the of 1ccti~ words "jewellery or precious stones, or indian currency notes, bank notes or coin", the words "or precious stones or indian currt"11~" shall be substituted i amendment 6 in section 9 of the principal act, in clause (a) ,for the word 3s of tectiojl 9 "owns", the words "owns or holds" shall be substituted 1 in section 13 of the principal act,-(a) in sub-section (1),-(i) for the words "no person shall", the words and figures "notwithstanding anything contained in section 81 of the companies act, 1956, no person shall" snail be substituted; i (ii) after clauae (d), the following clause shall be inserted, namely:-i , "(e) acquire, hold or dispose of any foreign security" 10 (b) after sub-section (4), the following sub-section shall be inserted, namely:-"(4a) notwithstanding anything contained in any other -law, no transfer of any share of a company registered in is india made by a person resident outside india to another person also resident outside india shall be valid unless such transfer is confirmed by the reserve bank on an application made to it in this behalf by the transferor or the trans-f~ree" 20 8 after section 13 of the principal act, the following section insertion of d i dew section shall be mserte , name y -i 13a '13a (1) notwithstanding an1thing contained in any other reitrictiodi law or in any contract, agreement or other instrument, the: !e!~~d~f holder of any security or cless of securities notified in this be- certain "tu-:as half by the central government in respect of which the princi- riti~8 pal or interest or both is for the time being payable outside india in any country or place so notified 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 30 (2) in this section, the expressions "holder" and "security" shall have the same meanings as in sub-section (5) of section 13' - 9 in section 14 of the principal act, for the words "document of amof ~ejlt title" wherever they occur, the words" certificate of title" shall be r acc:tioa " substituted amendment of lection 16 10 in section 15 of the principal act, for the words iino person shall in india issue any bearer security or coupon or so alter any document that it becomes a bearer s£curity or coupon", the words "no perion shall, in india, and no person resident in india shall, outside india, create or issue any bearer certificate or coupon or so 5 alter any document that it becomes a bearer certificate or coupon" shall be substituted i 11 in sub-section (2) of section 16 of the principal act, in subclause (i) of clause (b), for the words "documents of title", the words "certificates of title" shall be substituted 10 :r~e!~~:: 12 in ~ub-sect1on (1) of section 17 of the principal act, for the 11 words "upon any trust under which", the words "so that" shall be substituted 13 in section 18 of the principal act,-amendment of,ection ii (a) in sub-section (3), for the words "a company", the 15 words "any business" shall be substituted; (b) after sub·section (3), the following sub-sections shall be inserted, namely:-"(3a) notwithstanding anything contained in any other law, no transfer of an interest in any business in 20 india made by a person resident outside india to any person also resident outside india shall be valid unless such transfer is confirmed by the reserve bank on an' application made to it in this behalf by the transferor or the transferee 25 , (3b) except vjith the general or special permission of the reserve bank, no person resident in india shall transfer any interest in any business in india, or create any interest in such business, to or in favour of a national of a foreign state"; 30 (c) in sub-section (4) ,-(i) for the words "any company", the words "any firm or company" shall be substituted; (ii) for the words "any such person", the words "any person controlling such firm or company" shall be substi- 35 tuted id!~ of 14 after section 19 of the principal act, the following sections ~;a aect~ shall be inserted, namely:-19b cuetody of docl''llent •• "19a where, in pursu;mce of an o:rder made under subsection (2) of section 19 or of a search warrant issued under 40 sub-section (3) of the said section, any book or other document is furnished or seized, and the director of enforcement has reasons to believe that the said document would be evidence of the contravention of any of the provisions of this act or of s any rule, direction or order made thereunder, and that it would be necessary to retain the document in his custody, he may so retain the said document for a period not exceeding four months or if, before the expiry of the said period of four months, any proceedings under section 23-10 (a) have been commenced before him, until the cijsposal of those proceedings, inc:luding the proceedings before the appellate board, if any, or (/» have been commenced before a court, until the document has been filed in that court inspection is 19b (1) the central government or the reserve bank may, at any time cause an inspection to be made by one or more of its officers, of the books and accounts and other documents of any authorised dealer 20 (2) it shall be the duty of every authorised dealer and, where the authoris~d dealer is a company or a firm, of every director, partner or other officer of the authorised dealer to produce to any offlcer making an inspection under sub-section (1) all such books, accounts and other documents in his custody or power and to fw'nish him with any statement or information relating to the affairs of the authorised dealer as the said officer may require of him within such time as the said officer may specify (3) any per:on making an inspection under sub-section (1) may examine on oath any authorised dealer or his agent or, where the authorised dealer is a company or a firm, any director, partner or other officer of the authorised dealer in relation to its busines 35 (4) if any person fails to produce any book, account or other document or to furnish any statement or information relating to the authorised dealer which, under sub-section (2) it is his duty to produce or furnish; or to answer any question relating to the business of the authorised d~ler which he is asked by an officer making an inspection under this section, he shall be deemed to have contravened the provisions of this act" amendment 15 in section 22 of the principal act, after the words and figures of aection "under section 19", the words, figures and letters "or with any aa requirement under section 19b" shall be idbertec:l 16 in section 23 of the principal act,-amendment of icction it] (a) for sub-section (1), the following sub-sections shall 5 be substituted, namely:-u(1) if any person contravenes the provisions of section 4, section 5, section 9 or sub-section (2) of section 12 or of any rule, direction or order made thereunder, he shall-it) (a) be liable to such penalty not exceeding three times the value of the foreign exchange in respect of which the contravention has' taken place, or five thousand rupees whichever is more, as may be adjudged by the director of enforcement in the manner is hereinafter provided, or (b) upon conviction by a court, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both (la) whoever contravenes any of the provisions of 20 this act or of any rule, direction or order made thereunder, other than those referred to in sub-section (1) shall, upon conviction by a court, be punishable with imprisonment for a term which may extend to two years, or with fine or with both 2s (lb) aijy court trying a contravention under sub-section (1) or sub-section (la) and the authority adjudging any contravention under clause (a) of sub-section (1) may, if it thinks fit, and in addition to any sentence or penalty which it may impose for such contravention, direct 30 that any currency, security, gold or silver, or goods or any other money or property, in respect of which the contravention has taken place, shall be confiscated to the central government and further direct that the foreign exchange holdings, if any, of the person committing the contraven- 35 tion or any part thereof shall be brought back into india or shall be retained outside india in accordance with the directions -made in this behah explamtion-p'or the purposes of this 5ub-seetion, property in resped of which contravention has taken place 40 shall include deposits in a bank, where the said property is converted into such deposits"; (b) in sub-section (2) j for the words "one thousand", the words "two thousand" shall be substituted; 5 (c) for sub-sections (3) and (4), the following sub-sections mall be substituted, namely:-"(3) no court shall take cognizance-(a) of any offence punishable under sub-section (1) except upon complaint in writing made by the director 10 of enforcement, or ii of i9zz is (b) of any offence punishable under sub-section (ia) of this section or under section 54 of the indian income-tax act, 1922, as applied by section 19 of this act, except upon complaint in writing made by the director of enforcement or any officer authorised in this behalf by the central government or the reserve bank by a general or special order: provided that where any such offence is the contravention of any of the provisions of this act or any rule, direc-20 tion or order made thereunder which prohibits the domg' of an act without permission, no such complaint shall be made unless the person accused of the offence has been given an opportunity of showing that he had such permission (4) nothing in the first proviso to section 188 of the code of criminal procedure, 1898, shall apply to any offence punishable under this section" 17 after section 23b of the principal act, the following sections insertiodlof h 11 b rted i new sections s a e mse , name- y-z3c to 23f 30 "23c (1) if the person committing a contrave,ntion is a offe~ b1 company, every person who, at the time the contravention was comp8lllci 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 contravention and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the co~travention took place without his knowledge or that he exercised all due diligence to prevent such contravention (2) notwithstanding anything contained in sub-section (1), where a contravention under this act 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 5 other officer of the company, such directpr, 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 explanation-for the purposes of this section,-ie (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 power to adjudicate 23d (1) for the purpose of adjudging under clause (a) of is sub-section (1) of section 23 whether any person has committed a contravention, the director of enforcement shall hold an inquiry in the prescribed manner after giving that person a reasonable opportunity of being heard and if, on such inquiry, he is satisfied that the person has committed the contravention, 20 he may impose such penalty as he thinks fit in accordance with the provisions of the said section 23: ; provided that if, at any stage of the inquiry, the director of enforcement is of opinion that having regard to the circumstances of the case, the penalty which he is empowered to 25 impose would not be adequate, he shall, instead of imposing any penalty himself, make a complaint in writing to the court (2) while holding an inquiry under this section, the director of enforcement shall have power to summon and enforce the attendance of any person to give evidence or to produce a 30 document or any other thing which, in the opinion of the director of enforcement, may be useful for, or relevant to, the subject matter of the inquiry ~ (3) any sum paid by way of penalty or any currency, security, gold or silver or goods or money or any other property 3s confiscated under section 23 shall vest in the central government appeal •• 23e (1) the central government may, by notification in the the official gazette, constitute an appellate board to be called the fohign exchange regulation a:1peuate board consisting of 40 a chairman and another member to be appointed by the central government for hearing appeals against the orders of the director of enforcement made under section 23 5 (2) any person aggrieved by such an order may, after depositing the sum imposed by way of penalty under section 23, and within thirty days from the date of the order, prefer an appeal to the appellate board: 10 provided that the appellate board may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied tha~ the appellant was prevented by suffic:ient cause from filing the appeal in time ]5 (3) on receipt of an appeal under sub-section (2), the appellate board may, after calling for a report from the director of enforcement and after making such further inquiry as it thinks fit, confirm, modify or set aside the order appealed against, and the decision of the appellate board shall be final; and if the sum deposited by way of penalty under sub-section (2) exceeds the amount directed to be paid by the appellate board, the excess amount shall be refunded 20 (4) the appellate board may call for the records of any proceeding in which the director of enforcement has made an order under clause (a) of sub-section (1) of section 23 and make such order in the case as it thinks fit 2s (5) no order of the director of enforcement made under section- 23 shall be varied by the appellate board so as to prejudicially affect any person without giving him reasonable opportunity of being heard; and subject thereto, the appellate board shall follow such procedure in respect of the proceedings before it as mey be prescribed 30 23f if any person fails to pay the penalty imposed by the penalty for th a n b contraven-dll"ector of ~orcement or e ppe ate oard, or fails to tion ororder comply with any of their directions or orders, he shall, on con- m!lde byr viction before a court, be punishable with imprisonment for a ~f~~~!'n~nt term which may extend to two years, or with fine, or with both" ~pcllte 3s 18 in sub-section (1) of section 24 of the principal act, after the amendm~nt words "is prosecuted", the words "or proceeded against" shell be ~! section inserted 19 in section 27 of the principal act, in sub-section (2), after amendment of section clause (b), the following clause shall be inserted, namely:-27 40 u(bb) prescribe the manner in which inquiries may be held under this act and the procedure to be followed in respect of the proceedings before the director of enforcement or the appellate board" statement of objects and reasonsthe foreign exchange regulation act, 1947 (7 of 1947) is a temporary act due to expire on the 31st day of december, 1957 when it was enacted, it was hoped that the world trade and economic conditions would stabilise themselves after the initial 'post-war period, but this anticipation has not been fulfilled india still continues to be short of foreign exchange and it is necessary to ensure that our foreign exchange resources are conserved in the naiional interest the trend of events in this and other countries further indicates that the shortage is likely to continue for an indefinite period, and it is difficult to visualise at this stage that in any foreseeable future it will be possible to dispense with the exchange control aito-gether another important factor is the development programme under the second five year plan which compels us to husband and utilise our external resources properly in the circumstances, the continuance of the foreign exchange regulation act is unavoidable and it is proposed to place it on a permanent footing 2 the e~perience gained in the working of the foreign exchange regulation act has brought to light certain lacunae which hamper proper administration of the act and the investigations and the legal proceedings thereunder this opportunity is, therefore, being taken to carry out certain other amendments in the act with a view to remove'these defects the most important of these amendments is the one providing for departmental inquiry and adjudication of foreign exchange offences by an authority constituted by government on the lines of th~ sea customs act 3 the bill seeks to achieve these objects new delhij t t krishnamachari the 13th july, 1957 financial memorandumclause 3 (iii) of the bill and the proposed section 23e (1) in clause 17 thereof contemplate the appointment of a director of enforcement and the constitution of an appellate board they have been empowered to adjudicate upon the contravention of certain provisions of this act under the proposed sections 23d and 23e of clause 17 an enforcement unit with a director at its head is already functioning for dealing with cases arising out of contraventions of the act a provision for rs 3,15,000/- has been made in the budget for the current year for this unit no extra expenditure is, therefore, likely to be involved on account of the implementation of the proposals for adjudication proceedings of the bili moreover, it is expected that there would be some savings on ac'count of litigation expenses pro-/ vided in the budget for court cases if, however, there is any additional expenditure for the implementation of these proposals, it is likely to be offset by the savings from litigation expenses memorandum regarding delegated legislationclause 19 of the bill which seeks to amend section 27 of the act authorises the central government to· make rules prescribing the manner in which inquiries may be held under this act and the procedure to be followed in respect of the proceedings before the director of enforcement and the appellate board these are procedural matters the delegation of legislative powers is, therefore, of - normal character annexureextracts from the foreign exchange regulation act, 1947 (7 of 1947) - - - - 1 (1) - - - - short title ej:tent, commencement and (4) it shall remain in force up to the thirty-first day of decem- duration ber, 1957 z in this act, unless there is anything repugnant in the subject interpretatin or context,-_ 0 - 'j8 of j944 (a) "authorised dealer" means a person for the time being authorised under section 3 to deal in foreign exchange; (b) "currency" includes all coins, currency notes, bank notes, postal notes, money orders, cheques, drafts, traveller's cheques, letters of credit, bills of exchange and promissory notes; - - - - (e) "foreign security" means any security issued elsewhere than in india, and any security the principal of or interest on which is payable in any foreign currency or elsewhere than in india; (f) "gold" includes gold in the form of coin, whether legal tender or not, or in the form of bullion or ingot, whether refined or not; - - - - (k) "security" means shares, stocks, bonds, debentures, debenture stock and government securities, as defined in the public debt act, 1944, deposit receipts in respect of deposits of securities, and units or sub-units of unit trusts, but does not include bills of exchange or promissory notes other than government promissory notes; (1) "silver" means silver bullion or ingot, silver sheets and plates which have undergone no process of manufacture subsequent to rolling and uncurrent silver coin which is not legal tender in india or elsewhere; - - - - - 3 (1) - - - - - authori!led deale1'l in foreign excbqc (2) an authorisation under this section-(i) may authorise dealings in all foreign cwtencies or may be restricted to authorising dealings in specified foreign currencies only; (ii) may authorise transactions of all descriptions in foreign currencies or may be restricted to authorising specified transactions only; (iii) may be granted to be effective for a specified period, or within specified amounts, and may in all cases be revoked for reasons appearing to it sufficient by the reserve bank - - - - - 8 (1) - - - - - reltrictiool on important export of certain c:urreucy and bullion (2) no person shall, except with the general or special permission of the reserve bank or the written permission of a person authorised in this behalf by the reserve bank, take or send out of the states any gold, jewellc;·y or precious stones, or indian currency notes, bank notes or coin or foreign exchange other than foreign exchange obtained from an authorised dealer - - - - - 9 the central government may, by notification in the official gazette, order every person in, or resident in, the states-acquisition by central government of foreign exc:banp (a) who owns such foreign exchange as may be specified ih the notification, to offer it, or cause it to be offered for sale to the reserve bank on behalf of the central government or to such person, as the reserve bank may authorise for the purpose, at such price as the central government may fix, being a price which is in the opinion of the central government not less than the market rate of the foreign exchange when it is offered for sale; - - - - - reju1ation 13 (1) no person shall, except with ~e general or special perof ~~ mission of the reserve bank,-idd ullldler of ecanties (4) ,take or send any security to any place outside india; - - •• - 14 (1) the central government may, by notification in the ~~~~~ official gazette, order every person by whom or on whose behalf a security or document of title to a security specified in the order is held in the states to cause the said security or document of title to be kept in the custody of an authorised depository named in the order: provided that the reserve bank may by order in writing permit any such security to be withdrawn ftom the custody of the authorised depository subject to such conditions as may be specified in the order (2) no authorised depository may part with any security covered by an order under sub-section (1) without the general or special permission of the reserve bank except' to, or to the order of, another authorised depository (3) except with the general or special permission of the reserve bank, no authorised depository shall-(a) accept or part with any security covered by an order under sub-section (1) whereby the security is transferred into the name of a person resident outside india, or (b) do any act whereby he recognises or gives effect to the substitution of another person as the person from whom he directly receives instructions relating to such security unless the person previously so instructing him and the person substituted for that person where immediately before the substitution resident in india (4) except with the general or special permission of the reserve bank, no person shall buy, sell or transfer any security, or document of title to a security, covered by an order under sub-section (1) unless such security or document of title has been deposited in accordance with the order (5) except with the general or special permission of the reserve bank, no capital moneys, interest or dividends in respect of any security covered by an order under sub-section (1) shall be paid in the states except to or to the order of the authorised depository having the custody of the security (6) for the purposes of this section,-(a) "authorised depository" means a person notified by the central government to be entitled to accept the custody of securities and documents of title to securities, and (b) "security" shall include coupons restrictions 15 the central government may, by notification in the official b~a~!~u~e~_ gazette, order that except with the general or specilll permission ritiea of the reserve bank no person shall in the states issue any bearer security or coupon of so alter any document that it becomes a bearer security or coupon' - , acquisition by central government of foreign aecurities 16 (1) - - - - - (2) on the issue of a notification under clause (a) of sub-section (1),-- - - - - (b) the owner of any of the securities to which the notification relates and any person who is responsible for keeping any registers or books in which any of those securities are registered or inscribed, or who is otherwise concerned with the registration or iilscrirtion of any of those seculities, shall do all such things as are necessary or as the central government or the reserve bank rnuy order to be done, for the purpose of securing that-ref oil ej:p cer cur but (i) the securities and any documents of title relating thereto are delivered to the central government and, in the case of registered or inscribed securities, that the securities are registered or inscribed in the name of the central government or of such nominee of the central government as it may specify, and - - - - - restriction od aettlement 17 (1) no person resident ,in the states shall, except with the general or special permission of the reserve bank, settle any property, otherwise than by will, upon any trust under which a person who at the time of the settlement is resident outside india, elsewhere than in territories notified in this behalf by the reserve bank, will have an interest in the property, or exercise, other than by will, any power for payment in favour of a person who at the time of the exercise of the power is resident outside india elsewhere than in such notified territories - - - - - certain provilion as to companies 18 (1) - - - - (3) except with the general or special permission of the reserve bank, no person resident in the states shall do any act whereby a company which is controlled by persons reflident in' india ceases to be 80 controlled (4) except with the general or special permission of the reserve b~, no person resident in the states shall lend any money either to any company (other thwl a banking company) which is controlled directly or indirectly by persons resident outside india elsewhere than in the territories notified in this behalf by the reserve bank or to any such person explanation i-the companies referred to in sub-section (1) are companies not incorporated under any law in force in the states in the case of which any of the following conditions is fulfilled:-(a) that the company is by any means controlled (directly or indirectly) by persons resident in the states; or (b) that more than one-half of the sums which, on a liquidation thereof, would be receivable by holders or share or loan capital, would be receivable directly or indirectly by, or for the benefit of, persons resident in the states; or (c) that more than one-half of the assets which, on a liquidation thereof, would be available for distribution after the payment of creditors, would be receivable directly or indirectly by, or for the benefit of, pt:isons rebldent in the states; or (d) that more than one-half-(i) of the interest payable on its loans and loan capital if any, or (ii) of the dividends payable on its preference share capital, if any, or (iii) of the dividends payable on its share capital, if any, not being preference share capital, is receivable directly or indirectly by, or for the benefit of, persons resident in the states explanation li-where the identity of the persons by whom, or for whose benefit, any sum, assets, interest or dividends are directly or indirectly receivable depends on the exercise by any person resident in the states of a power vested in him in that behalf, the sum, assets, interest or dividends shall, for the purposes of this sub-section, be deemed to be receivable directly or indirectly by, or for the benefit of, persons resident in the states - - - - falae atate-22 no person shall, when complying with any order or direction under section 19 or when making any application or declaration to any authority or person for any purpose under this act, give any information or make any statement which he knows or has reasonable cause to believe to be false, or not true, in any material particular penaj~ and 23 (1) whoever contravenes any of the provisions of this act proce ure or of any rule, direction or order made thereunder shall be pupishable with imprisonment for a term which may extend to two years or with fine or with both, and any court trying any such contravention may, if it thinks fit and in addition to any sentence which it may impose for such contravention, direct that any currency, security, gold or silver, or goods or other property in respect of which the contravention has taken place shall be confiscated - - - - (3) no court shall take cognizance ~f any offence punishable under this section or under section 54 of the indian income-tax act, 1922, as applied by section 19 of this act, except upon complaint in ii of i9u writing made by a person authorised in this behalf by the central government or the reserve bank by a general or special order: rei 00 exp eer cui bal provided that where any such offence is the contravention of any of the provisions of this act or any rule, direction or order made thereunder which prohibits the doing of an act without permission, no such complaint shall be made unless the person accused of the offence has been given an opportunity of showing that he had sucb permission (4) if the person committing an offence punishable under this section is a company or other body corporate, every director, manager, secretary, or other office!' thereof shall, unless he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent its commission, be deemed to be guilty of such offence - - - - burden of 24 (1) where any person is prosecuted for contravening any ::~:aes provision of this act or of any rule, direction or order made thereunder which prohibits him from doing an act without permission, the burden of proving that he had the requisite permission shall be on him - - - - i c gipnd-ls 1-16 m of law-23-7-67- 1600 a bill further to amend the foreign exchange regulation act, 1947 the president has, in pursuance of clause (3) of article i i 7 of the constitution of india, recommended to lok sabha, the consideration of the bill secretary (shri t t krishnamachari, minister of finance) | Parliament_bills | c124b59f-0a2c-5132-b925-9003ad183bae |
bill no 81 of ipo the tripura ,excise law (repeal) bill, 1960(as' introduced in lok sabha on 25th november, 1960) the tripura excise law (repeal) bill, 1960 (as introduced in lok sabra) a billto provide fcyr the repeal of the tripura excise act be it enacted by parliament in the eleventh year of the republic of indlia as foliows:-1 this act may be called the tripura excise law (repeal) act short title 1960 bengal act v s of 15109 2 on and from the date on which the bengal excise act, 1909 is reftca1 of extended by notification under section 2 of the union territories ~cf~t (laws) act, 1950, to the union territory of tripura, the tripura 30 of j950 excise act of 1296 te (abkari ain) shall stand repealed 3 (1) the repeal of the tripura excise act of 1296 te (abkari savidp ain) by section 2 shall not aft'ect-(a) the previous operation of the said act or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said act; or is (c) any penalty, forfeit~ or punishment incurred in respect of any offence committed against the said act; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid; 20 and any such investigation, legal proceeding or remedy may be imtituted, continued or enforced and any such penalty, forfeiture ur punishment may be imposed, as if the said act had not been repealed (2) subject to the provisions contained in sub-section (1), anything done or any action taken (including any appointment or delegation madle, notification, instruction or direction issued, permit, ijara or licence granted) under the act repealed by section 2 shall be deemed to have been done or taken under the cottesponding provi-s sions of the act extended by notification as provided in that section to the union territory of tripura, and shall continue to be in force accordingly unless and until superseded by anything done or any action taken under the act last mentioned above statement of objects and reasonsthe tripura excise act (ii) of 1296 te, which was enacted by the then ruler of 'fripura, is now in force in the union territory in actual practice, its provisions are found to be inadequate for instance, no procedure has been laid down for the levy and collection of the excise duty, and no power has been conferred on the chief conunissioner to make rules for the working of the act in the circumstances, it is considered desirable to replace that act by the bengal excise act, 1909 (bengal act v of 1909), which is more exhaustive 2 under section 2 of the union territories laws act, 1950, an enactment in force in a state may be extended to the union territory by notification, but the corresponding law in force in the union territory cannot be so repealed it is, therefore, proposed: to repeal the tripura excise act now in force in the union territory nr:w delhi; morarji desai the 14th octobe!1', 1960 a bill to provide for the repeal of the tripura excise act the president has, in pursuance of clause (i) of article 117 of the constitution of india, recommended to lok sabha the introduction of the bill m n kaul, secretary (shri morarji desai, minister of finance) | Parliament_bills | 69044a03-ea88-5d37-85e9-2f3104b08914 |
bill no 189 of 2019 the companies (amendment) bill, 2019 a billfurther to amend the companies act, 2013be it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the companies (amendment) act, 2019short title and commencement(2) the provisions of this act, except sections 6, 7 and 8, clauses (i), (iii) and clause(iv) of section 14, sections 20 and 21, section 31, sections 33, 34 and 35, sections 37 and 38shall be deemed to have come into force on the 2nd day of november, 2018sections 20 and 21, section 31, sections 33, 34 and 35, sections 37 and 38 shall come into force and different dates may be appointed for these provisions 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 provision18 of 2013amendment of section 22 in section 2 of the companies act, 2013 (hereinafter referred to as the principal act), in clause (41),––5(a) for the first proviso, the following provisos shall be substituted, namely:—10"provided that where a company or body corporate, which is a holding company or a subsidiary or associate company of a company incorporated outside india and is required to follow a different financial year for consolidation of its accounts outside india, the central government may, on an application made by that company or body corporate in such form and manner as may be prescribed, allow any period as its financial year, whether or not that period is a year:15provided further that any application pending before the tribunal as on the date of commencement of the companies (amendment) act, 2019, shall be disposed of by the tribunal in accordance with the provisions applicable to it before such commencement"; (b) in the second proviso, for the words "provided further that", the words"provided also that" shall be substituted203 after section 10 of the principal act, the following section shall be inserted, namely:—insertion of new section 10a commencement of business, etc"10a (1) a company incorporated after the commencement of the companies(amendment) act, 2019 and having a share capital shall not commence any business or exercise any borrowing powers unless—25(a) a declaration is filed by a director within a period of one hundred andeighty days of the date of incorporation of the company in such form and verified in such manner as may be prescribed, with the registrar that every subscriber to the memorandum has paid the value of the shares agreed to be taken by him on the date of making of such declaration; and30(b) the company has filed with the registrar a verification of its registered office as provided in sub-section (2) of section 12(2) if any default is made in complying with the requirements of this section, the company shall be liable to a penalty of fifty thousand rupees and every officer who is in default shall be liable to a penalty of one thousand rupees for each day during which such default continues but not exceeding an amount of one lakh rupees3540(3) where no declaration has been filed with the registrar under clause (a) of sub-section (1) within a period of one hundred and eighty days of the date of incorporation of the company and the registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may, without prejudice to the provisions of sub-section (2), initiate action for the removal of the name of the company from the register of companies under chapter xviii"amendment of section 124 in section 12 of the principal act, after sub-section (8), the following sub-section shall be inserted, namely:—45"(9) if the registrar has reasonable cause to believe that the company is not carrying on any business or operations, he may cause a physical verification of the registered office of the company in such manner as may be prescribed and if any default is found to be made in complying with the requirements of sub-section (1), he may without prejudice to the provisions of sub-section (8), initiate action for the removal of the name of the company from the register of companies under chapter xviii"505 in section 14 of the principal act,—amendment of section 14(i) in sub-section (1), for the second proviso, the following provisos shall be substituted, namely:—5"provided further that any alteration having the effect of conversion of apublic company into a private company shall not be valid unless it is approved by an order of the central government on an application made in such form and manner as may be prescribed:10provided also that any application pending before the tribunal, as on thedate of commencement of the companies (amendment) act, 2019, shall be disposed of by the tribunal in accordance with the provisions applicable to it before such commencement";(ii) in sub-section (2), for the word "tribunal", the words "central government"shall be substituted| 6 ||----------------|| amendment || of section 26 || 15 |(i) in sub-sections (4), (5) and (6), for the word "registration", the word "filing"shall be substituted;(ii) after sub-section (1), sub-section (7) shall be omitted7 in section 29 of the principal act,—amendment of section 29(i) in sub-section (1), in clause (b), the word "public" shall be omitted;(ii) after sub-section (1), the following sub-section shall be inserted, namely:—2022 of 1996"(1a) in case of such class or classes of unlisted companies as may beprescribed, the securities shall be held or transferred only in dematerialised form in the manner laid down in the depositories act, 1996 and the regulations made thereunder"25amendment of section 358 in section 35 of the principal act, in sub-section (2), in clause (c), for the words"delivery of a copy of the prospectus for registration", the words "filing of a copy of the prospectus with the registrar" shall be substitutedamendment of section 539 in section 53 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:—30 35"(3) where any company fails to comply with the provisions of this section,such company and every officer who is in default shall be liable to a penalty which may extend to an amount equal to the amount raised through the issue of shares at a discount or five lakh rupees, whichever is less, and the company shall also be liable to refund all monies received with interest at the rate of twelve per cent per annum from the date of issue of such shares to the persons to whom such shares have been issued"amendment of section 6410 in section 64 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—40"(2) where any company fails to comply with the provisions of sub-section (1),such company and every officer who is in default shall be liable to a penalty of one thousand rupees for each day during which such default continues, or five lakh rupees whichever is less"amendment of section 7711 in section 77 of the principal act, in sub-section (1), for the first and second provisos, the following provisos shall be substituted, namely:—45"provided that the registrar may, on an application by the company, allow suchregistration to be made––(a) in case of charges created before the commencement of the companies(amendment) act, 2019, within a period of three hundred days of such creation; or(b) in case of charges created on or after the commencement of the companies (amendment) act, 2019, within a period of sixty days of such creation,5on payment of such additional fees as may be prescribed:provided further that if the registration is not made within the period specified—(a) in clause (a) to the first proviso, the registration of the charge shall be made within six months from the date of commencement of the companies (amendment) act, 2019, on payment of such additional fees as may be prescribed and different fees may be prescribed for different classes of companies;10(b) in clause (b) to the first proviso, the registrar may, on an application, allow such registration to be made within a further period of sixty days after payment of such ad valorem fees as may be prescribed"amendment of section 8612 section 86 of the principal act shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:—15"(2) if any person wilfully furnishes any false or incorrect information or knowingly suppresses any material information, required to be registered in accordance with the provisions of section 77, he shall be liable for action under section 447" 13 for section 87 of the principal act, the following section shall be substituted, namely:—20substitution of new section for section 87"87 the central government on being satisfied that—(a) the omission to give intimation to the registrar of the payment or satisfaction of a charge, within the time required under this chapter; or rectification by central government in register of charges25(b) the omission or misstatement of any particulars, in any filing previously made to the registrar with respect to any charge or modification thereof or with respect to any memorandum of satisfaction or other entry made in pursuance of section 82 or section 83,30was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors or shareholders of the company, it may, on the application of the company or any person interested and on such terms and conditions as it deems just and expedient, direct that the time for the giving of intimation of payment or satisfaction shall be extended or, as the case may require, that the omission or misstatement shall be rectified" 14 in section 90 of the principal act,—amendment of section 9035(i) after sub-section (4), the following sub-section shall be inserted, namely:—"(4a) every company shall take necessary steps to identify an individual who is a significant beneficial owner in relation to the company and require him to comply with the provisions of this section"; (ii) for sub-section (9), the following sub-section shall be substituted, namely:—40"(9) the company or the person aggrieved by the order of the tribunal may make an application to the tribunal for relaxation or lifting of the restrictions placed under sub-section (8), within a period of one year from the date of such order:45provided that if no such application has been filed within a period of one year from the date of the order under sub-section (8), such shares shall be transferred, without any restrictions, to the authority constituted under sub-section (5) of section 125, in such manner as may be prescribed"; (iii) after sub-section (9), as so substituted, the following sub-section shall be inserted, namely:—5"(9a) the central government may make rules for the purposes of thissection";(iv) in sub-section (11), after the word, brackets and figure "sub-section (4)", the words, brackets, figure and letter "or required to take necessary steps under sub-section (4a)" shall be inserted10amendment of section 9215 in section 92 of the principal act, for sub-section (5), the following sub-section shall be substituted, namely:—15"(5) if any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees" 16 in section 102 of the principal act, for sub-section (5), the following sub-section shall be substituted, namely:—amendment of section 10220"(5) without prejudice to the provisions of sub-section (4), if any default is made in complying with the provisions of this section, every promoter, director, manager or other key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees or five times the amount of benefit accruing to the promoter, director, manager or other key managerial personnel or any of his relatives, whichever is higher"25amendment of section 10517 in section 105 of the principal act, in sub-section (3), for the words "punishablewith fine which may extend to five thousand rupees", the words "liable to a penalty of five thousand rupees" shall be substituted18 in section 117 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—amendment of section 11730 35"(2) if any company fails to file the resolution or the agreement undersub-section (1) before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of twenty-five lakh rupees and every officer of the company who is in default including liquidator of the company, if any, shall be liable to a penalty of fifty thousand rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees"4019 in section 121 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:—amendment of section 12145"(3) if the company fails to file the report under sub-section (2) before the expiry of the period specified therein, such company shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees and every officer of the company who is in default shall be liable to a penalty which shall not be less than twenty-five thousand rupees and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees"20 in section 132 of the principal act,—amendment of section 132(a) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) the national financial reporting authority shall perform its functions through such divisions as may be prescribed"; (b) after sub-section (3), the following sub-sections shall be inserted, namely:—5"(3a) each division of the national financial reporting authority shall be presided over by the chairperson or a full-time member authorised by the chairperson10(3b) there shall be an executive body of the national financial reporting authority consisting of the chairperson and full-time members of such authority for efficient discharge of its functions under sub-section (2) [other than clause (a)] and sub-section (4)"(c) in sub-section (4), in clause (c), for sub-clause (b), the following sub-clause shall be substituted, namely:—15"(b) debarring the member or the firm from–i being appointed as an auditor or internal auditor or undertaking any audit in respect of financial statements or internal audit of the functions and activities of any company or body corporate; or ii performing any valuation as provided under section 247,20for a minimum period of six months or such higher period not exceeding ten years as may be determined by the national financial reporting authority"21 in section 135 of the principal act,—amendment of section 135(a) in sub-section (5), —25(i) after the words "three immediately preceding financial years,", the words "or where the company has not completed the period of three financial years since its incorporation, during such immediately preceding financial years," shall be inserted;30(ii) in the second prviso, after the words, "reasons for not spending the amount" occurring at the end, the words, brackets, figure and letters "and, unless the unspent amount relates to any ongoing project referred to in subsection (6), transfer such unspent amount to a fund specified in schedule vii, within a period of six months of the expiry of the financial year" shall be inserted; (b) after sub-section (5), the following sub-sections shall be inserted, namely:—35 40"(6) any amount remaining unspent under sub-section (5), pursuant to any ongoing project fulfilling such conditions as may be prescribed, undertaken by a company in persuance of its corporate social responsibility policy, shall be transferred by the company within a period of thirty days from the end of the financial year to a special account to be opened by the company in that behalf for that financial year in any scheduled bank to be called the unspent corporate social responsibility account, and such amount shall be spent by the company in pursuance of its obligation towards the corporate social responsibility policy within a period of three financial years from the date of such transfer, failing which, the company shall transfer the same to a fund specified in schedule vii, within a period of thirty days from the date of completion of the third financial year45(7) if a company contravenes the provisions of sub-section (5) or sub-section (6), the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to twenty-five lakh rupees and every officer of such company who is in default shall be punishable with imprisonment for a term which may extend to three years or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both5(8) the central government may give such general or special directions to a company or class of companies as it considers necessary to ensure compliance of provisions of this section and such company or class of companies shall comply with such directions"22 in section 137 of the principal act, in sub-section (3),—amendment of section 13710(a) for the words "punishable with fine", the words "liable to a penalty" shall be substituted;15(b) for the portion beginning with the words "punishable with imprisonment", and ending with the words "five lakh rupees or with both", the words "shall be liable to a penalty of one lakh rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees" shall be substituted 23 in section 140 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:—amendment of section 14020"(3) if the auditor does not comply with the provisions of sub-section (2), he or it shall be liable to a penalty of fifty thousand rupees or an amount equal to the remuneration of the auditor, whichever is less, and in case of continuing failure, with a further penalty of five hundred rupees for each day after the first during which such failure continues, subject to a maximum of five lakh rupees" 24 in section 157 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—25amendment of section 15730"(2) if any company fails to furnish the director identification number under sub-section (1), such company shall be liable to a penalty of twenty-five thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees, and every officer of the company who is in default shall be liable to a penalty of not less than twenty-five thousand rupees and in case of continuing failure, with a further penalty of one hundred rupees for each day after the first during which such failure continues, subject to a maximum of one lakh rupees"3525 for section 159 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 159 penalty for default of certain provisions40"159 if any individual or director of a company makes any default in complying with any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be liable to a penalty which may extend to fifty thousand rupees and where the default is a continuing one, with a further penalty which may extend to five hundred rupees for each day after the first during which such default continues" 26 in section 164 of the principal act, in sub-section (1), after clause (h), the following clause shall be inserted, namely:—amendment of section 164"(i) he has not complied with the provisions of sub-section (1) of section 165"amendment of section 16527 in section 165 of the principal act, in sub-section (6), for the portion beginningwhich such contravention continues" shall be substituted28 in section 191 of the principal act, for sub-section (5), the following sub-section shall be substituted, namely:—amendment of section 191"(5) if a director of the company makes any default in complying with the provisions of this section, such director shall be liable to a penalty of one lakh rupees" 29 in section 197 of the principal act,—5(a) sub-section (7) shall be omitted;amendment of section 197(b) for sub-section (15), the following sub-section shall be substituted, namely:—10"(15) if any person makes any default in complying with the provisions of this section, he shall be liable to a penalty of one lakh rupees and where any default has been made by a company, the company shall be liable to a penalty of five lakh rupees"30 in section 203 of the principal act, for sub-section (5), the following sub-section shall be substituted, namely:—amendment of section 20315"(5) if any company makes any default in complying with the provisions of this section, such company shall be liable to a penalty of five lakh rupees and every director and key managerial personnel of the company who is in default shall be liable to a penalty of fifty thousand rupees and where the default is a continuing one, with a further penalty of one thousand rupees for each day after the first during which such default continues but not exceeding five lakh rupees"2031 in section 212 of the principal act,—amendment of section 212(a) in sub-section (8), for the words "if the director, additional director or assistant director", the words "if any officer not below the rank of assistant director" shall be substituted;25(b) in sub-section (9), for the portion beginning with the words "the director"and ending with the word, brackets and figure "sub-section (8)", the words, brackets and figure "the officer authorised under sub-section (8) shall, immediately after arrest of such person under such sub-section" shall be substituted;(c) in sub-section (10)—(i) for the words "judicial magistrate", the words "special court or judicial magistrate" shall be substituted;30(ii) in the proviso, for the words "magistrate's court", the words "special court or magistrate's court" shall be substituted; (d) after sub-section (14), the following sub-section shall be inserted, namely:—35 40"(14a) where the report under sub-section (11) or sub-section (12) states that fraud has taken place in a company and due to such fraud any director, key managerial personnel, other officer of the company or any other person or entity, has taken undue advantage or benefit, whether in the form of any asset, property or cash or in any other manner, the central government may file an application before the tribunal for appropriate orders with regard to disgorgement of such asset, property or cash and also for holding such director, key managerial personnel, other officer or any other person liable personally without any limitation of liability"amendment of section 23832 in section 238 of the principal act, in sub-section (3), for the words "punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees", the words "liable to a penalty of one lakh rupees" shall be substituted4533 in section 241 of the principal act,—amendment of section 241(a) in sub-section (2), the following proviso shall be inserted, namely:—"provided that the applications under this sub-section, in respect of such company or class of companies, as may be prescribed, shall be made before the principal bench of the tribunal which shall be dealt with by such bench";5(b) after sub-section (2), the following sub-sections shall be inserted, namely:—"(3) where in the opinion of the central government there exist circumstances suggesting that––10(a) any person concerned in the conduct and management of the affairs of a company is or has been in connection therewith guilty of fraud, misfeasance, persistent negligence or default in carrying out his obligations and functions under the law or of breach of trust;(b) the business of a company is not or has not been conducted and managed by such person in accordance with sound business principles or prudent commercial practices;15(c) a company is or has been conducted and managed by such person in a manner which is likely to cause, or has caused, serious injury or damage to the interest of the trade, industry or business to which such company pertains; or20(d) the business of a company is or has been conducted and managed by such person with intent to defraud its creditors, members or any other person or otherwise for a fraudulent or unlawful purpose or in a manner prejudicial to public interest,25the central government may initiate a case against such person and refer the same to the tribunal with a request that the tribunal may inquire into the case and record a decision as to whether or not such person is a fit and proper person to hold the office of director or any other office connected with the conduct and management of any company(4) the person against whom a case is referred to the tribunal under sub-section (3), shall be joined as a respondent to the application30(5) every application under sub-section (3)––(a) shall contain a concise statement of such circumstances and materials as the central government may consider necessary for the purposes of the inquiry; and355 of 1908| ( ||-------------------------------------------------------------------------------|| of civil procedure, 1908, for the signature and verification of a plaint in a || suit by the central government" |34 in section 242 of the principal act, after sub-section (4), the following sub-section shall be inserted, namely:––amendment of section 24240"(4a) at the conclusion of the hearing of the case in respect of sub-section (3)of section 241, the tribunal shall record its decision stating therein specifically as to whether or not the respondent is a fit and proper person to hold the office of director or any other office connected with the conduct and management of any company"35 in section 243 of the principal act,––(a) after sub-section (1), the following sub-sections shall be inserted, namely:—amendment of section 2435"(1a) the person who is not a fit and proper person pursuant to sub-section (4a) of section 242 shall not hold the office of a director or any other office connected with the conduct and management of the affairs of any company for a period of five years from the date of the said decision:provided that the central government may, with the leave of the tribunal, permit such person to hold any such office before the expiry of the said period of five years10(1b) notwithstanding anything contained in any other provision of this act, or any other law for the time being in force or any contract, memorandum or articles, on the removal of a person from the office of a director or any other office connected with the conduct and management of the affairs of the company, that person shall not be entitled to, or be paid, any compensation for the loss or termination of office";15(b) in sub-section (2), after the word, brackets and figure "sub-section (1)", the words, brackets, figure and letter "or sub-section (1a)" shall be inserted 36 in section 248 of the principal act, in sub-section (1),—amendment of section 24820(a) in clause (c), for the word and figures "section 455,", the words and figures"section 455; or" shall be substituted;(b) after clause (c) and before the long line, the following clauses shall be inserted, namely:—25"(d) the subscribers to the memorandum have not paid the subscription which they had undertaken to pay at the time of incorporation of a company and a declaration to this effect has not been filed within one hundred and eighty days of its incorporation under sub-section (1) of section 10a; or(e) the company is not carrying on any business or operations, as revealed after the physical verification carried out under sub-section (9) of section 12"3037 in section 272 of the principal act, in sub-section (3), for the words, brackets and letter "or clause (e) of that sub-section", the words "of that section" shall be substituted38 in section 398 of the principal act, in sub-section (1), in clause (f), the word"prospectus," shall be omitted39 in section 441 of the principal act,—amendment of section 272amendment of section 398amendment of section 441(a) in sub-section (1), in clause (b), for the words "does not exceed five lakh rupees", the words "does not exceed twenty-five lakh rupees" shall be substituted;35(b) for sub-section (6), the following sub-section shall be substituted, namely:—2 of 197440"(6) notwithstanding anything contained in the code of criminal procedure, 1973, any offence which is punishable under this act with imprisonment only or with imprisonment and also with fine shall not be compoundable"amendment of section 446b40 in section 446b of the principal act, for the portion beginning with the words"punishable with fine" and ending with the words "specified in such sections", the words "liable to a penalty which shall not be more than one-half of the penalty specified in such sections" shall be substituted4541 in section 447 of the principal act, in the second proviso, for the words "twenty lakh rupees", the words "fifty lakh rupees" shall be substitutedamendment of section 44742 in section 454 of the principal act,—amendment of section 454(i) for sub-section (3), the following sub-section shall be substituted, namely:—"(3) the adjudicating officer may, by an order—5(a) impose the penalty on the company, the officer who is in default,or any other person, as the case may be, stating therein any noncompliance or default under the relevant provisions of this act; and(b) direct such company, or officer who is in default, or any otherperson, as the case may be, to rectify the default, wherever he considers fit";10(ii) in sub-section (4), for the words "such company and the officer who is in default", the words "such company, the officer who is in default or any other person" shall be substituted;(iii) in sub-section (8),—15(a) in clause (i), for the words "does not pay the penalty imposed by theadjudicating officer or the regional director", the words, brackets and figures "fails to comply with the order made under sub-section (3) or sub-section (7), asthe case may be," shall be substituted;(b) in clause (ii)––20(i) for the words "where an officer of a company", the words "wherean officer of a company or any other person" shall be substituted;(ii) for the words "does not pay the penalty", the words, bracketsand figures "fails to comply with the order made under sub-section (3) orsub-section (7), as the case may be," shall be substituted2543 after section 454 of the principal act, the following section shall be inserted, namely:—insertion of new section 454a penalty for repeated default30"454a where a company or an officer of a company or any other person having already been subjected to penalty for default under any provisions of this act, again commits such default within a period of three years from the date of order imposing such penalty passed by the adjudicating officer or the regional director, as the case may be, it or he shall be liable for the second or subsequent defaults for an amount equal to twice the amount of penalty provided for such default under the relevant provisions of this act" 44 (1) the companies (amendment) second ordinance, 2019 is hereby repealedrepeal and savingsord 6 of 201935(2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act statement of objects and reasonsthe companies act, 2013 (the act) was enacted with a view to consolidate and amend the law relating to companies the act introduced significant changes relating to disclosures to stakeholders, accountability of directors, auditors and key managerial personnel, investor protection and corporate governance2 in order to review the existing provisions of the act dealing with the offences and to make recommendations to promote better corporate compliance, the government of india constituted a committee in july, 2018 and the said committee, after taking the views of several stakeholders, submitted its report in august, 2018 the committee recommended that the existing rigour of the law should continue for serious offences, whereas the lapses that are essentially technical or procedural in nature may be shifted to in-house adjudication process3 the recommendations made by the committee were examined by the government and it was noted that the changes in the companies act, 2013 suggested by the said committee would fill critical gaps in the corporate governance and compliance framework as enshrined in the said act while simultaneously extending greater ease of doing business to law abiding corporates accordingly, it was proposed to amend certain provisions of the companies act, 2013 however, in view of the urgency, the companies (amendment) ordinance, 2018 was promulgated on 2nd day of november, 2018 to replace the aforesaid ordinance, a bill, namely, the companies (amendment) bill, 2018 was introduced in the lok sabha and passed in the said house on the 4th day of january, 2019 however, the said bill could not be taken up for consideration in the rajya sabha4 in order to give continued effect to the companies (amendment) ordinance, 2018, the president promulgated the companies (amendment) ordinance, 2019 and the companies (amendment) second ordinance, 2019 on the 12th day of january, 2019 and the 21st day of february, 2019 respectively it is now proposed to bring the companies (amendment) bill, 2019 to replace the companies (amendment) second ordinance, 2019 with certain other amendments which are considered necessary to ensure more accountability and better enforcement to strengthen the corporate governance norms and compliance management in corporate sector5 the companies (amendment) bill, 2019 which seeks to replace the companies(amendment) second ordinance, 2019 with certain additional amendments, inter alia, provides for the following, namely:—(i) to amend clause (41) of section 2 of the companies act, 2013 so as to empower the central government to allow certain companies to have a different financial year instead of as determined by the tribunal;(ii) to amend section 12 of the act empowering the registrar to initiate action for the removal of name of the company from register of companies, if the company is not carrying on any business or operation in accordance with the provisions of the act;(iii) to amend sixteen sections of the act so as to modify the punishment as provided in the said sections from fine to monetary penalties to lessen the burden upon the special courts;(iv) to amend section 132 of the act to enable the national financial reporting authority to perform its functions through divisions and the executive body;(v) to amend section 135 of the act so as to bring clarity to—(a) carry forward the unspent corporate social responsibility amount, to a special account to be spent within three financial years and transfer thereafter to the fund specified in schedule vii, in case of an ongoing project; and(b) transfer the unspent amount to the fund specified under schedule vii, in other cases; (vi) to amend sections 241, 242 and 243 of the act so as to empower the central government to approach tribunal to issue an order against the persons who are connected with the conduct and management of the company as not fit and proper persons for the acts committed by them which amount to mismanagement; and(vii) to amend section 441 of the act so as to enhance the jurisdiction of the regional director for compounding the offences 6 as the parliament was not in session and immediate action was required to be taken, the companies (amendment) second ordinance, 2019 was promulgated by the president on the 21st day of february, 20197 the notes on clauses explain in detail the various provisions of the bill 8 the bill seeks to replace the aforesaid ordinancenew delhi;nirmala sitharamanthe 19th july, 2019 notes on clausesclause 1 of the bill provides for the short title and commencement of the proposed legislationclause 2 of the bill seeks to amend clause (41) of section 2 of the companies act, 2013(the act) so as to enable the relevant companies to follow different financial year with the approval of the central government, instead of taking approval of the tribunalclause 3 of the bill seeks to insert a new section 10a relating to commencement of business etc, to provide that a company having a share capital shall not commence business or exercise any borrowing powers unless a declaration is filed with the registrar by a director that every subscriber to the memorandum has paid the value of shares and the company has filed with the registrar the verification of its registered office the said clause further provides that non-compliance with filing of declaration may result into action by registrar under chapter xviiiclause 4 of the bill seeks to insert a new sub-section (9) in section 12 of the act to provide that the registrar may cause a physical verification of the registered office of the company if he has reasonable cause to believe that company is not carrying on any business or operations as specified and to provide consequent action thereofclause 5 of the bill seeks to amend the second proviso to sub-section (1) of section 14of the act to provide that any alteration having the effect of conversion of a public company into a private company shall not be valid unless it is approved by an order of the central government on an application made in such form and manner as may be prescribed earlier this approval was obtained from the tribunalclause 6 of the bill seeks to amend sub-sections (4), (5) and (6) of section 26 of the act so as to substitute the requirement of registration of prospectus with filing of prospectus with the registrarclause 7of the bill seeks to amend sub-section (1) of section 29 of the act and to insert sub-section (1a) therein to provide for the requirement of issuance, holding or transferring of securities in dematerialised form for any class of unlisted companies, as may be prescribed by the central governmentclause 8 of the bill seeks to amend clause (c) in sub-section (2) of section 35 of the act to provide that the copy of the prospectus shall be filed with the registrar instead of delivery for registrationclause 9 of the bill seeks to amend sub-section (3) of section 53 of the act to provide for monetary penalty and refund of monies in case of failure to comply with the provision of the said sectionclause 10 of the bill seeks to amend sub-section (2) of section 64 of the act to provide for monetary penalty for company and its officers in default in case of failure to comply with provision of the said sectionclause 11 of the bill seeks to amend the first and second proviso of sub-section (1) of section 77 of the act to provide that the registrar may, on the application made by a company, allow registration of charge, in case of charges created before the commencement of the companies (amendment) act, 2019, within a period of three hundred days or in case of charges created after the commencement of the said act within sixty days, on payment of additional fees the additional period within which the charges are required to be registered is also providedclause 12 of the bill seeks to insert sub-section (2) in section 86 of the act to provide that any person who wilfully furnishes any false or incorrect information or knowingly suppresses any material information, required to be registered in accordance with the provisions of section 77, shall be liable for action under section 447clause 13 of the bill seeks to substitute section 87 of the act to empower the central government to extend time or allow rectification, if it is satisfied that omission to give intimation to the registrar of the payment or satisfaction of a charge, within the time required under chapter vi; or the omission or misstatement of any particulars, in any previous filing with respect to any such charge or modification thereof or with respect to any memorandum of satisfaction or other entry made in pursuance of section 82 or section 83 was accidental or was due to inadvertenceclause 14 of the bill seeks to amend section 90 of the act by inserting sub-section(4a) to provide that the company shall take necessary steps to identify an individual who is a significant beneficial owner failure to take necessary steps shall lead to action under sub-section (11) it also seeks to amend sub-section (9) of section 90 of the act to provide that the company or the person aggrieved by the order of the tribunal may make an application to the tribunal for relaxation or lifting of the restrictions placed under sub-section (8), within a period of one year from the date of such order and if no such application is filed, such shares shall be transferred without any restrictions to investor education and protection fund authority it also seeks to insert sub-section (9a) to provide the power to the central government to make rules for the purposes of this sectionclause 15 of the bill seeks to amend sub-section (5) of section 92 of the act to provide that if any company fails to file its annual return under sub-section (4), before the expiry of the period specified therein, such company and its every officer who is in default shall be liable to monetary penalty as specified in the provisionclause 16 of the bill seeks to amend sub-section (5) of section 102 of the act to provide that in case of any default made in complying with the provisions of such section, every promoter, director, manager or other key managerial personnel of the company who is in default shall be liable to monetary penalty as specified in the provisionclause 17 of the bill seeks to amend sub-section (3) of section 105 of the act to provide that for any default under sub-section (2) of said section, the officer in default shall be liable for monetary penalty as specified in sub-section (3)clause 18 of the bill seeks to amend sub-section (2) of section 117 of the act to provide that for failure in filing a copy of every resolution or an agreement as per sub-section (1) of said section, the company and its officer in default shall be liable for monetary penalty as specified in sub-section (2)clause 19 of the bill seeks to amend sub-section (3) of section 121 of the act to provide for liability to pay monetary penalty for not filing with the registrar a copy of report within the stipulated period as per sub-section (2) of said sectionclause 20 of the bill seeks to amend section 132 of the act to provide that the national financial reporting authority shall perform its functions through such divisions as may be prescribed by the central government it also seeks to provide that there shall be an executive body of the national financial reporting authority consisting of the chairperson and full-time members for efficient discharge of its certain functions the clause also seeks to amend sub-clause (b) of clause (c) of sub-section (4) of section 132 with respect to the extent of debarring of the member or firm by national financial reporting authority in case professional or other misconduct is provedclause 21of the bill seeks to amend sub-section (5) of section 135 and insert sub-sections (6), (7) and (8) in the said section of the act to provide, inter alia for (a)carrying forward the unspent amounts, to a special account to be spent within three financial years and transfer thereafter to the fund specified in schedule vii, in case of an ongoing project; and (b) transferring the unspent amounts to the fund specified under schedule vii, in other casesclause 22 of the bill seeks to amend sub-section (3) of section 137 of the act to provide for payment of monetary penalty in case of failure to file a copy of financial statements with the registrarclause 23 of the bill seeks to amend sub-section (3) of section 140 of the act to provide for payment of monetary penalty of fifty thousand rupees or an amount equal to the remuneration of the auditor whichever is less and further penalty for continuous failure, if the auditor does not comply with sub-section (2) of the said sectionclause 24 of the bill seeks to amend sub-section (2) of section 157 of the act to provide for payment of monetary penalty in case there is failure to furnish director identification number pursuant to sub-section (1) of the said sectionclause 25 of the bill seeks to amend section 159 of the act to provide for payment of monetary penalty if any individual or director of a company makes default in complying with sections 152, 155 and 156 of the actclause 26 of the bill seeks to insert clause (i) in sub-section (1) of section 164 of the act to provide disqualification to become a director if an individual has not complied with the provisions of sub-section (1) of section 165 of the actclause 27 of the bill seeks to amend sub-section (6) of section 165 of the act to provide for payment of monetary penalty in case a person accepts an appointment as a director in contravention of sub-section (1) of the said sectionclause 28 of the bill seeks to amend sub-section (5) of section 191 of the act to provide for payment of monetary penalty if a director makes default in complying with the said sectionclause 29 of the bill seeks to omit sub-section (7) and to amend sub-section (15) of section 197 of the act to provide for payment of monetary penalty by any person or the company in case of defaultclause 30 of the bill seeks to amend sub-section (5) of section 203 of the act to provide for payment of monetary penalty by any company and director and key managerial personnel who is in default in complying with the said sectionclause 31 of the bill seeks to amend section 212 of the act to provide that any officer not below the rank of assistant director of serious fraud investigation office (sfio), if so authorised, may arrest any person in accordance with the provisions of this section it also seeks to provide that the person so arrested may be taken to a special court or judicial magistrate or metropolitan magistrate within twenty four hours of his arrest further, the clause also seeks to provide that where an investigation report submitted by sfio states that a fraud has taken place and any director, key managerial personnel or officer has taken undue advantage or benefit, then the central government may file an application before tribunal with regard to disgorgement and such director, key managerial personnel or officer may be held personally liable without any limitation of liabilityclause 32 of the bill seeks to amend sub-section (3) of section 238 of the act to provide for payment of monetary penalty for the director who issues a circular which has not been presented for registration and registered as per sub-section (1) of the said sectionclause 33 of the bill seeks to amend sub-section (2) of section 241 of the act by inserting a proviso to empower the central government to prescribe such company or class of companies in respect of which, applications under such sub-section, shall be made before the principal bench of the tribunal and shall be dealt with by such bench it also seeks to provide that in certain circumstances, the central government may refer the matter and request to the tribunal to inquire into the case and record a decision about whether the person is a fit and proper person to hold the office of director or any other office connected with the conduct and management of any companyclause 34 of the bill seeks to amend section 242 of the act to provide that at the conclusion of the hearing of the case in respect of section 241, the tribunal shall record its decision stating specifically as to whether or not the respondent is a fit and proper person to hold the office of director or any other office connected with the conduct and management of any companyclause 35 of the bill seeks to amend section 243 of the act to provide that the person who is not a fit and proper person pursuant to section 242 shall not hold the office of a director or any other office connected with the conduct and management of the affairs of any company for a period of five years from the date of the relevant decision of the tribunal it also seeks to provide that the central government may, with the leave of the tribunal, permit such person to hold any such office before the expiry of the said period of five years the clause also seeks to provide that the person so removed from the office of a director or any other office connected with the conduct and management of the affairs of the company shall not be entitled to, or be paid, any compensation for the loss or termination of officeclause 36 of the bill seeks to amend sub-section (1) of section 248 of the act to insert new clauses (d) and (e) to provide that in case the subscribers to the memorandum have not paid the subscription which they had undertaken to pay and declaration under section 10a has not been filed or where the company is not carrying on any business or operation as revealed after the physical verification, the registrar shall send notice to such companies and its directors informing them of his intention to remove the name of the company from the register of companiesclause 37 of the bill seeks to amend sub-section (3) of section 272 of the act to allow the registrar to present a petition of winding up on the ground that it is just and equitable to do so under clause (e) of section 271clause 38 of the bill seeks to amend clause (f) of sub-section (1) of section 398 of the act by omitting the word "prospectus" as it would not be required to be registered by the registrarclause 39 of the bill seeks to amend clause (b) of sub-section (1) of section 441 of the act to increase the threshold of maximum amount of fine that does not exceed twenty-five lakh rupees for compounding by the regional directorsclause 40 of the bill seeks to amend section 446b of the act to provide for payment of reduced amount of monetary penalty in case of default by one person companies or small companiesclause 41 of the bill seeks to amend section 447 of the act to enhance the amount of fine from "twenty lakh rupees" to "fifty lakh rupees"clause 42 of the bill seeks to amend sub-sections (3) and (8) of section 454 of the act to provide that adjudicating officer may also direct the company or officer in default or other person to rectify default, wherever he considers fitclause 43 of the bill seeks to insert a new section 454a relating to monetary penalty for repeated default, which is twice the amount of penalty provided for such defaults under the relevant provisions of this actclause 44 of the bill seeks to repeal the companies (amendment) second ordinance,2019 and to save the actions done during the course of the period of ordinance financial memorandumthe provisions of the companies (amendment) bill, 2019 will not involve any expenditure of recurring or non-recurring nature, on its enactment memorandum regarding delegated legislationsub-clause (a) of clause 2 of the bill confers power upon the central government to prescribe, under first proviso to clause (41) of section 2 of the act, the form and manner in which application shall be made by the relevant company or body corporate to the central government to allow any period as financial yearclause 3 empowers the central government to prescribe, under clause (a) of sub-section (1) of section 10a, the form and manner in which a declaration is to be filed and verified by a director to the effect that every subscriber to the memorandum has paid the value of the shares agreed to be taken by him on the date of making such declarationclause 4 empowers the central government to prescribe, under sub-section (9) of section 12 of the act, the manner in which the registrar may cause a physical verification of the registered office of the company if he has reasonable cause to believe that the company is not carrying on any business or operationsclause 5 empowers the central government to prescribe, under the second proviso to sub-section (1) of section 14 of the act, the form and manner in which an application is to be made to the central government for seeking its approval for any alteration of articles having the effect of conversion of a public company into a private companyclause 7 empowers the central government to prescribe, under sub-section (1a) of section 29, the class or classes of unlisted companies where securities shall be held or transferred only in dematerialised formclause 11 empowers the central government to prescribe, under sub-section (1) of section 77 of the act, (a) the additional fees which a company shall pay while making an application to the registrar for registration of charge after the expiry of original period of filing; (b) additional fees and different fees for different class of companies; and the ad valorem feesclause 14 empowers the central government, under proviso to sub-section (9) of section 90 of the act, to prescribe the manner in which the shares shall be transferred to the authority constituted under sub-section (5) of section 125 of the act, if no application has been filed within a period of one year from the date of the order referred to in sub-section (8)the clause also seeks to insert a new sub-section (9a) to empower the central government to prescribe rules for the purpose of section 90 of the actclause 20 empowers the central government to prescribe, under sub-section (1a) of section 132, such divisions through which national financial reporting authority shall performs its functionsclause 21 empowers the central government to prescribe, under sub-section (6) of section 135, the conditions which need to be fulfilled wrt the ongoing project in respect of which unspent csr amounts may be transferred to the special accountclause 33 empowers the central government to prescribe, under proviso to sub-section (2) of section 241, such company or class of companies in respect of which applications shall be made before the principal bench of the tribunal2 the matters in respect of which the said rules may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the companies act, 2013 (18 of 2013)2 in this act, unless the context otherwise requires,––definitions(41) "financial year", in relation to any company or body corporate, means the period ending on the 31st day of march every year, and where it has been incorporated on or after the 1st day of january of a year, the period ending on the 31st day of march of the following year, in respect whereof financial statement of the company or body corporate is made up:provided that on an application made by a company or body corporate, which is a holding company or a subsidiary of a company incorporated outside india and is required to follow a different financial year for consolidation of its accounts outside india, the tribunal may, if it is satisfied, allow any period as its financial year, whether or not that period is a year:provided further that a company or body corporate, existing on the commencement of this act, shall, within a period of two years from such commencement, align its financial year as per the provisions of this clause; alteration of articles14 (1) subject to the provisions of this act and the conditions contained in its memorandum, if any, a company may, by a special resolution, alter its articles including alterations having the effect of conversion of—(a) a private company into a public company; or (b) a public company into a private company:provided that where a company being a private company alters its articles in such a manner that they no longer include the restrictions and limitations which are required to be included in the articles of a private company under this act, the company shall, as from the date of such alteration, cease to be a private company:provided further that any alteration having the effect of conversion of a public company into a private company shall not take effect except with the approval of the tribunal which shall make such order as it may deem fit(2) every alteration of the articles under this section and a copy of the order of the tribunal approving the alteration as per sub-section (1) shall be filed with the registrar, together with a printed copy of the altered articles, within a period of fifteen days in such manner as may be prescribed, who shall register the same 26 (1) matters to be stated in prospectus(4) no prospectus shall be issued by or on behalf of a company or in relation to an intended company unless on or before the date of its publication, there has been delivered to the registrar for registration, a copy thereof signed by every person who is named therein as a director or proposed director of the company or by his duly authorised attorney(5) a prospectus issued under sub-section (1) shall not include a statement purporting to be made by an expert unless the expert is a person who is not, and has not been, engaged or interested in the formation or promotion or management, of the company and has given his written consent to the issue of the prospectus and has not withdrawn such consent before the delivery of a copy of the prospectus to the registrar for registration and a statement to that effect shall be included in the prospectus(6) every prospectus issued under sub-section (1) shall, on the face of it,—(a) state that a copy has been delivered for registration to the registrar as required under sub-section (4); and(b) specify any documents required by this section to be attached to the copy so delivered or refer to statements included in the prospectus which specify these documents (7) the registrar shall not register a prospectus unless the requirements of this section with respect to its registration are complied with and the prospectus is accompanied by the consent in writing of all the persons named in the prospectus 29 (1) notwithstanding anything contained in any other provisions of this act,— public offer of securities to be in dematerialised form(b) such other class or classes of public companies as may be prescribed,22 of 1996shall issue the securities only in dematerialised form by complying with the provisions of the depositories act, 1996 and the regulations made thereunder 35 (1) (2) no person shall be liable under sub-section (1), if he proves—for misstatements in prospectus"(c) that, as regards every misleading statement purported to be made by an expert or contained in what purports to be a copy of or an extract from a report or valuation of an expert, it was a correct and fair representation of the statement, or a correct copy of, or a correct and fair extract from, the report or valuation; and he had reasonable ground to believe and did up to the time of the issue of the prospectus believe, that the person making the statement was competent to make it and that the said person had given the consent required by sub-section (5) of section 26 to the issue of the prospectus and had not withdrawn that consent before delivery of a copy of the prospectus for registration or, to the defendant's knowledge, before allotment thereunder" 53 (1) prohibition on issue of shares at discount(3) where a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both | 64 ||----------------|| notice to be || given to || registrar for || alteration of || share capital |(2) if a company and any officer of the company who is in default contravenes the provisions of sub-section (1), it or he shall be punishable with fine which may extend to one thousand rupees for each day during which such default continues, or five lakh rupees, whichever is less| | | | | ||------|------|------|------|-----| chapter vi registration of chargesduty to register charges, etc77 (1) it shall be the duty of every company creating a charge within or outside india, on its property or assets or any of its undertakings, whether tangible or otherwise, and situated in or outside india, to register the particulars of the charge signed by the company and the charge-holder together with the instruments, if any, creating such charge in such form, on payment of such fees and in such manner as may be prescribed, with the registrar within thirty days of its creation:provided that the registrar may, on an application by the company, allow such registration to be made within a period of three hundred days of such creation on payment of such additional fees as may be prescribed:provided further that if registration is not made within a period of three hundred days of such creation, the company shall seek extension of time in accordance with section 87:| ||----------------|| punishment || for || contravention |86 if any company contravenes any provision of this chapter, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both87 (1) the central government on being satisfied that—(i) (a) the omission to file with the registrar the particulars of any charge created by a company or any charge subject to which any property has been acquired by a company or any modification of such charge; orrectification by central government in register of charges(b) the omission to register any charge within the time required under this chapter or the omission to give intimation to the registrar of the payment or the satisfaction of a charge, within the time required under this chapter; or(c) the omission or mis-statement of any particular with respect to any such charge or modification or with respect to any memorandum of satisfaction or other entry made in pursuance of section 82 or section 83, was accidental or due to inadvertence or some other sufficient cause or it is not of a nature to prejudice the position of creditors or shareholders of the company; or(ii) on any other grounds, it is just and equitable to grant relief, it may on the application of the company or any person interested and on such terms and conditions as it may seem to the central government just and expedient, direct that the time for the filing of the particulars or for the registration of the charge or for the giving of intimation of payment or satisfaction shall be extended or, as the case may require, that the omission or mis-statement shall be rectified(2) where the central government extends the time for the registration of a charge, the order shall not prejudice any rights acquired in respect of the property concerned before the charge is actually registered | 90 | ( | 1 | ) | | | | ||-------|------|-----|-------|------|------|------|-----|register of significant beneficial owners in a company(9) the company or the person aggrieved by the order of the tribunal may make an application to the tribunal for relaxation or lifting of the restrictions placed under sub-section (8)(10) if any person fails to make a declaration as required under sub-section (1), he shall be punishable with fine which shall not be less than one lakh rupees but which may extend to ten lakh rupees and where the failure is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the failure continues(11) if a company, required to maintain register under sub-section (2) and file the information under sub-section (4), fails to do so or denies inspection as provided therein, the company and every officer of the company who is in default shall be punishable with fine which shall not be less than ten lakh rupees but which may extend to fifty lakh rupees and where the failure is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the failure continues| | | | | | | | ||----|----|----|------|------|------|------|-----|| 92 | ( | 1 | ) | | | | |annual return(5) if a company fails to file its annual return under sub-section (4), before the expiry of the period specified under section 403 with additional fee, the company shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakhs rupees and every officer of the company who is in default shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees, or with both| | | | | | | | ||-----|----|----|------|------|------|------|-----|| 102 | ( | 1 | ) | | | | |statement to be annexed to notice(5) if any default is made in complying with the provisions of this section, every promoter, director, manager or other key managerial personnel who is in default shall be punishable with fine which may extend to fifty thousand rupees or five times the amount of benefit accruing to the promoter, director, manager or other key managerial personnel or any of his relatives, whichever is more| | | | | | | | ||----------|----|----|------|------|------|------|-----|| 105 | ( | 1 | ) | | | | || proxies | | | | | | | |(3) if default is made in complying with sub-section (2), every officer of the company who is in default shall be punishable with fine which may extend to five thousand rupees| | | | | | | | ||---------------|----|----|------|------|------|------|-----|| 117 | ( | 1 | ) | | | | || resolutions | | | | | | | || and | | | | | | | || agreements to | | | | | | | || be filed | | | | | | | |(2) if a company fails to file the resolution or the agreement under sub-section (1)before the expiry of the period specified under section 403 with additional fee, the company shall be punishable with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees and every officer of the company who is in default, including liquidator of the company, if any, shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees| | | | | ||------|------|------|------|-----|| 121 ||----------------|| report on || annual general || meeting || constitution || of natural || financial || reporting || authority |38 of 194938 of 1949corporate social responsibilitycopy of financial statement to be filed with registrar(3) if the company fails to file the report under sub-section (2) before the expiry of the period specified under section 403 with additional fee, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every officer of the company who is in default shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees 132 (1) (4) notwithstanding anything contained in any other law for the time being in force, the national financial reporting authority shall— (c) where professional or other misconduct is proved, have the power to make order for— (b) debarring the member or the firm from engaging himself or itself from practice as member of the institute of chartered accountant of india referred to in clause (e) of sub-section (1) of section 2 of the chartered accountants act, 1949 for a minimum period of six months or for such higher period not exceeding ten years as may be decided by the national financial reporting authorityexplanation—for the purposes of this sub-section, the expression "professional or other misconduct" shall have the same meaning assigned to it under section 22 of the chartered accountants act, 1949 135 (1) (5) the board of every company referred to in sub-section (1), shall ensure that the company spends, in every financial year, at least two per cent of the average net profits of the company made during the three immediately preceding financial years, in pursuance of its corporate social responsibility policyprovided that the company shall give preference to the local area and areas around it where it operates, for spending the amount earmarked for corporate social responsibility activitiesprovided further that if the company fails to spend such amount, the board shall, in its report made under clause (o) of sub-section (3) of section 134, specify the reasons for not spending the amountexplanation—for the purposes of this section "net profit" shall not include such sums as may be prescribed, and shall be calculated in accordance with the provisions of section 198137 (1) (3) if a company fails to file the copy of the financial statements under sub-section (1)or sub-section (2), as the case may be, before the expiry of the period specified in section 403, the company shall be punishable with fine of one thousand rupees for every day during which the failure continues but which shall not be more than ten lakh rupees, and the managing director and the chief financial officer of the company, if any, and, in the absence of the managing director and the chief financial officer, any other director who is charged by the board with the responsibility of complying with the provisions of this section, and, in the absence of any such director, all the directors of the company, shall be punishable with imprisonment for a term which may extend to six months or with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees, or with both 140 (1) (3) if the auditor does not comply with sub-section (2), he or it shall be punishable with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupeesremoval, resignation of auditor and giving of special noticecompany to inform director identification number to registrar(2) if a company fails to furnish director identification number under sub-section (1), before the expiry of the period specified under section 403 with additional fee, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees and every officer of the company who is in default shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees punishment for contravention159 if any individual or director of a company, contravenes any of the provisions of section 152, section 155 and section 156, such individual or director of the company shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to fifty thousand rupees and where the contravention is a continuing one, with a further fine which may extend to five hundred rupees for every day after the first during which the contravention continuesnumber of directorships(6) if a person accepts an appointment as a director in contravention of sub-section (1), he shall be punishable with fine which shall not be less than five thousand rupees but which may extend to twenty-five thousand rupees for every day after the first during which the contravention continues(5) if a director of the company contravenes the provisions of this section, such director shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupeespayment to director for loss of office, etc, in connection with transfer of undertaking, property or shares(7) notwithstanding anything contained in any other provision of this act but subject to the provisions of this section, an independent director shall not be entitled to any stock option and may receive remuneration by way of fees provided under sub-section (5), reimbursement of expenses for participation in the board and other meetings and profit related commission as may be approved by the members| ||---------------|| overall || maximum || managerial || remuneration || and || managerial || remuneration || in case of || absence or || inadequacy of || profits |(15) if any person contravenes the provisions of this section, he shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees| | | | | | | | ||-------------|----|----|------|------|------|------|-----|| 203 | ( | 1 | ) | | | | || appointment | | | | | | | || of key | | | | | | | || managerial | | | | | | | || personnel | | | | | | | |(5) if a company contravenes the provisions of this section, the company shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and every director and key managerial personnel of the company who is in default shall be punishable with fine which may extend to fifty thousand rupees and where the contravention is a continuing one, with a further fine which may extend to one thousand rupees for every day after the first during which the contravention continues 212 (1) investigation into affairs of company by serious fraud investigation office(8) if the director, additional director or assistant director of serious fraud investigation office authorised in this behalf by the central government by general or special order, has on the basis of material in his possession reason to believe (the reason for such belief to be recorded in writing) that any person has been guilty of any offence punishable under sections referred to in sub-section (6), he may arrest such person and shall, as soon as may be, inform him of the grounds for such arrest(9) the director, additional director or assistant director of serious fraud investigation office shall, immediately after arrest of such person under sub-section (8), forward a copy of the order, along with the material in his possession, referred to in that sub-section, to the serious fraud investigation office in a sealed envelope, in such manner as may be prescribed and the serious fraud investigation office shall keep such order and material for such period as may be prescribed(10) every person arrested under sub-section (8) shall within twenty-four hours, be taken to a judical magistrate or a metropolitan magistrate, as the case may be, having jurisdiction:provided that the period of twenty-four hours shall exclude the time necessary for the journey from the place of arrest to the magistrate's court 238 (1) (3) the director who issues a circular which has not been presented for registration and registered under clause (c) of sub-section (1), shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupeesregistration of offer of schemes involving transfer of shares 243 (1) consequence of termination or modification of certain agreements(2) any person who knowingly acts as a managing director or other director or manager of a company in contravention of clause (b) of sub-section (1), and every other director of the company who is knowingly a party to such contravention, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to five lakh rupees, or with both| ( ||------------------------------------------------------------------------------------|| immediately preceding financial years and has not made any application within such || period for obtaining the status of a dormant company under section 455, || power of || registrar to || remove name || of company || from register || of companies |he shall send a notice to the company and all the directors of the company, of his intention to remove the name of the company from the register of companies and requesting them to send their representations along with copies of the relevant documents, if any, within a period of thirty days from the date of the notice 272 (1) petition for winding up(3) the registrar shall be entitled to present a petition for winding up under section271, except on the grounds specified in clause (a) or clause (e) of that sub-section:provided that the registrar shall obtain the previous sanction of the central government to the presentation of a petition:provided further that the central government shall not accord its sanction unless the company has been given a reasonable opportunity of making representations 398 (1) provisions relating to filing of applications, documents, inspection, etc, in electronic form(f) the registrar shall register change of registered office, alteration of memorandum or articles, prospectus, issue certificate of incorporation, register such document, issue such certificate, record the notice, receive such communication as may be required to be registered or issued or recorded or received, as the case may be, under this act or the rules made thereunder or perform duties or discharge functions or exercise powers under this act or the rules made thereunder or do any act which is by this act directed to be performed or discharged or exercised or done by the registrar in the electronic form in such manner as may be prescribed explanation—for the removal of doubts, it is hereby clarified that the rules made under this section shall not relate to imposition of fines or other pecuniary penalties or demand or payment of fees or contravention of any of the provisions of this act or punishment therefor 441 (1) compounding of certain offences(b) where the maximum amount of fine which may be imposed for such offence does not exceed five lakh rupees, by the regional director or any officer authorised by the central government, on payment or credit, by the company or, as the case may be, the officer, to the central government of such sum as that tribunal or the regional director or any officer authorised by the central government, as the case may be, may specify:provided that the sum so specified shall not, in any case, exceed the maximum amount of the fine which may be imposed for the offence so compounded:provided further that in specifying the sum required to be paid or credited for the compounding of an offence under this sub-section, the sum, if any, paid by way of additional fee under sub-section (2) of section 403 shall be taken into account:provided also that any offence covered under this sub-section by any company or its officer shall not be compounded if the investigation against such company has been initiated or is pending under this act 2 of 1974(6) notwithstanding anything contained in the code of criminal procedure, 1973,—(a) any offence which is punishable under this act, with imprisonment or fine, or with imprisonment or fine or with both, shall be compoundable with the permission of the special court, in accordance with the procedure laid down in that act for compounding of offences;(b) any offence which is punishable under this act with imprisonment only or with imprisonment and also with fine shall not be compoundable| ||---------------|| lesser || penalties for || one person || companies or || small || companies |446b notwithstanding anything contained in this act, if a one person company or a small company fails to comply with the provisions of sub-section (5) of section 92, sub-section (2) of section 117 or sub-section (3) of section 137, such company and officer in default of such company shall be punishable with fine or imprisonment or fine and imprisonment, as the case may be, which shall not be more than one-half of the fine or imprisonment or fine and imprisonment, as the case may be, of the minimum or maximum fine or imprisonment or fine and imprisonment, as the case may be, specified in such sections" chapter xxix miscellaneous447 (1) punishment for fraud"provided further that where the fraud involves an amount less than ten lakh rupees or one per cent of the turnover of the company, whichever is lower, and does not involve public interest, any person guilty of such fraud shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to twenty lakh rupees or with both" 454 (1) adjudication of penalties(3) the adjudicating officer may, by an order impose the penalty on the company and the officer who is in default stating any non-compliance or default under the relevant provision of the act(4) the adjudicating officer shall, before imposing any penalty, give a reasonable opportunity of being heard to such company and the officer who is in default| | | | | ||------|------|------|------|-----|(8) (i) where company does not pay the penalty imposed by the adjudicating officer or the regional director within a period of ninety days from the date of the receipt of the copy of the order, the company shall be punishable with fine which shall not be less than twenty-five thousand rupees but which may extend to five lakh rupees(ii) where an officer of a company who is in default does not pay the penalty within a period of ninety days from the date of the receipt of the copy of the order, such officer shall be punishable with imprisonment which may extend to six months or with fine which shall not be less than twenty-five thousand rupees but which may extend to one lakh rupees, or with both ————a billfurther to amend the companies act, 2013————(smt nirmala sitharaman, minister of finance and corporate affairs) corrigendum to the companies (amendment) bill, 2019 [to be/as introduced in lok sabha]page 6, line 28,- for "second prviso," read "second proviso," new delhi; july 24, 2019_________ shravana 2, 1941 (saka) | Parliament_bills | 42b4ae5f-88b7-58d5-be31-8ca7f50c53ef |
note-— this design is more detailed and meant for reproduction in bigger sizes statement of objects and reasonsthe use of state emblem of india is presently governed by a set of executive instructions, which cover various aspects, such as, standard design of the state emblem of india, its adoption by the state governments, its use in the official seals and on stationery, design of official seal, display on vehicles and on public buildings, use for educational and various other purposes, etc however, these instructions or orders do not have any legal sanction the state emblem of india being the official seal of the government, its use on any document or thing tends to create an impression that it is an official document or thing of the government therefore, there is a need to prevent is misuse by unauthorised persons 2 in order to regulate the use of state emblem of india with a view to (i) prohibiting the use of the state emblem of india by members of the public, including retired/former government officials/public servants, etc, unless specifically authorised by the central government; (i) prohibiting the improper use of state emblem of india for professional and commercial purposes and for matters connected therewith or incidental thereto; and (ill) regulating its use by government functionaries, it is proposed tc enact a self-contained legislation 3 the bill seeks to achieve the above objects shivrai v patilnew devi; the 26th august, 2004, memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules to regulate the use of state emblem of india in official seal of the central government and the state governments and their organisations including diplomatic missions abroad clause 11 of the bill empowers the central government to make rules to carry out the purposes of the bill without prejudice to the generality of such rule making powers, they include regulating the use of state emblem of india for professional and commercial purposes, in the official seal used by the central government the state governments and their organizations; on stationery, vehicles, public buildings, etc, and authorizing an officer for giving previous 'sanction for instituting prosecution against the offenders the rules are confined to matters of procedure and details and the delegation of legislative powers is of a normal character | Parliament_bills | b6f299ab-baca-51bd-8f84-11f8e80edeef |
the expenditure- tax bill, 1987 (to be/as in troduced in 10k sabha)1 page 3, in the rrarginal heading to clause 5,-after "mean in g" in ser t "0 fit 2 page 3, line 14,-!oi "per son " ~ "p er son s " 3 page 6, line 38,-at:ter "section 9" insert "or section 10" 4 page 6, line 4l,-,-!ol: "section 9" ~ "section 11" 5 pa ge 7, lin e 7,-!ol: "period expires" ~ "is" 6 - pa ge 8, lin e 14,-ilu: "con cea cn en t" ~ "concealmen t" 7 page 8, line 15,-!at ;hargeable" ~ "d1a rgeable" 8 page 9, line 6,_ 1bx: "revised" ~ "reviewed" 9 pagr 9, line 1'6-!al: "satisfied after" ~ "satisfied that" 10 ' page 10, in the marginal heading to clause 24,-t:qt "appliuion" ~ "applioe tion" 11 page 11~ in the marginal heading to clause 26,-!qr "presecribed" ~ "prescribed" new deuii; august e6, 1987 nie expenditure-tax bill, 1987 arrangement of clauses clauses1 short title, extent and commencement 2 definitions 3 application of the act 4 charge of expenditure-tax 5 meaning of chargeable7 expenditure i 8 tax authorities 7 collection and rec-overy of expenditure-tax 8 person responsible for collecting tax to furnish prescribed return 9 assessment 10 best judgment assessment 11 chargeable expenditure escaping assessment 12 rectification of mistake 13 time limit for c-ompletion of assessment and reassessment 14 interest on delayed payment of expenditure-tax 15 penalty for failure to collect or pay expenditure-tax 16 penalty for failure to furnish prescribed return 17 penalty for concealment of chargeable expenditure 18 penalty for failure to comply with notice 19 penalty not to be imposed in certain cases 20 notice of payment 21 revision of orders by the commissioner 22 appeals to the commissioner (appeals) 23 appeals to appellate tribunals 24 application of provisions of inoome-tax act 25 wilful attempt to evade tax, etc 26 failure to furnish prescribed returns 27 false statement in verification etc 28 ahetment of false return, etc 29 certain offences to be non-cognizable 30 institution of proceedings and composition of offences 31 power to make rules :32 power to remove difficulties 33 consequential amendments a billto provide for the levy ota tax on expenditure incurred in certain hotel~ be it enacted by parliament in the thirty-eighth year of the republic of india as follows:-1 (1) this act may be called the expenditure-tax act, 19&7 short title, (2) it extends to the whole ot india ejtcept the state of jammu and extent s kashmir, and commencement (3) it shall come into force on such date as the central government may, by notification in the offlcial gazette, appoint defini tions 2 in this i\ct, ·unless the context qtherwiee requires,-(1) lia~sessfte" means a rersun responsible for collecting the 10 expenditure-tax payable under the provisions of this act; (2) "assessment year" means the period of twelve rronths com-i mencing on the 1st day of april every year; '4 of 1963 (3) "board" means the central board of direct taxes constituted under the central boards of revenue act 1963: 15 (4) "chargeable expenditure" means the expenditure referred to in section 5: (5) "expenditure-tax" or "tax" means the tl;\x char~eabll> und"'l the urovisions of this act: (i) uhotel" includes a building or part of a building where nsidential accommodation is, by way of business, provided for a monetary consideration; (7) "income-tax act" means the income-tax act, 1961; 43 of 1961 (8) "person responsible for collecting" means a person who is s required to collect tax under this act or is required to pay any other sum of money under this act and includes-(a) every person in respect of whom any proceedings under this act have been taken, and i (b) every person who is deemed to bean assessee-in-default 10 under any provision of this act; (9) uprescribed" means prescribed by rules made under this act; i (10) "room charges" means the charges for a unit of residential accommodation in a hotel and includes the charges for-(a) furniture air-donditioner, refrigerator, radio ,-nuslc, 15 telephone, television, and (b) such other services as are normally included by a hotel in room rent, but does not inclucle charges for food, drinks and any services other than those referred to· in sub-:clauses· (a) and (b); 20 (11) all other words and expressions used herein but not defined and defined in the income-tax act shall have the meanings respectively assigned to them in that act " ·(1) subject to the provisions of sub-section (2) and sub-section (3), this act shall apply in relation to any chargeable expenditure incurred 2s in a hotel wherein, the room charges for any unit of residential accommodation at the time of the incurring of such expenditure are fourhuridred rupees or more per day per individual , (2) where a composite charge is payable in respect of residential accommodation and food, the room charges included therein shall be 30 detennined in the prescribed manner (3) where-(i) a composite charge is payable in respect of resid~ntial accommodation, food" drinks and other services or nny of them, and the c8$e is not covered by the provisions of sub-section (2r or 35 (ii) it appears to the income-tax officer that the charges for residential accommodation food drinks or other sc!'vices are so arranged that the room charge~ are u",dprstnt~d and the other charges are overstatep the income-tax officer shall for the' putpol'les of sub-section (1) deter- 40 mine the room chl'lrges on sll':!h rea'lo~'3hl~ ba!'<s as h~ may deem fit 4 subject to the provisions of this a~t tht:'r(' !'lhnll be charged on ~"d lrom the commencement of thi!! act a tnx ~t the thte of ten per cent (if thq chargeable cxpenditurl? 5 for the purposes of this act, chargeable expenditure means any expenditure incurred in, or payments made to, a hotel to which this act applies, in conn~tion with the provision of,-meaning charaeable j expenditure (a) any accommodation, residential or otherwise; or 5 (b) food or drink by the hotel, whether at the hotel or outside, or by any other person at the hotel; or (c) any accommodation in such hotel on hire or lease; or (d) any other services at the hotel, either by the hotel or by any other person, by way of beauty parlour, health club, swimming ] 0 pool or other similar services, but does not include-(a) any expenditure which is incurred or the payment for which is made, in foreign exchange; (b) any expenditure incurred by person within the purview of the vienna convention on diplomatic relations, 1961 or the vienna j5 convention on consular relations, 1963; (c) any expenditure incurred in any shop or in any office which is not owned or managed by the person who carries on the business of a hotel; 20 (d) any expenditure by way of any tax, including tax under this act ex/llanation-for the purposes of this section-25 (a) expenditure incurred or any payment made in indian cur~ rency obtained by conversion of foreign exchange into indian cur~ rency shall in such cases and in such circumstances as may be prescribed be deemed to have been incurred or, as the case may be, made in foreign exchange; and (b) "foreign exchange" and "indian currency" shall have the meanings respectively assigned to them in clauses (h) and (k) of section 2 of the foreign exchange regulation act, 1973 46 of 1973 30 tax authorlties 6 (1) every director of inspection, commissioner of income-tax, commissioner of income~tax (appeals), inspecting assistant commissioner of income-tax, income-tax officer and inspector of income-tax shall have the like powers and perform the like functions under this 35 act as he has and performs under the income~tax act, and for the exercise of his powers and the performance of his functions, his jurisdiction under this act shall be the same as he has under the income-tax act (2) all officers and persons employed in the execution of this act o "hall observe and follow the orders jnstructions and directions of the 4 board: ' provided that no such 'orders, instructions or directions shall be issueo-(~) so as to require any blx fluthority to make a particular 4~ assessment or to di!lpos~ of a particular case in a pnrticul!\r mann~r: dr (b) so as to interfere with the discretion of the commissioner (appeals) in the exercise of his appellate functions (3) every income-tax officer employed in the execution of this act shall observe and follow the orders, instructions and directions issued for his guidanc~ by the director of inspection or by the commissioner s or by the inspecting assistant commissioner within whose jurisdiction he performs his functions 7 (1) where any chargeable expenditure is incurred in a hotel to which this act applies,-collection and recovery of expenditure-tax (i) if such expenditure relates to any of the services ~pecjfied 10 in clauses (a) to (d) of section 5, provided by the hotel the person who carries on the business of such hotel; and (ii) if such expenditure relates to any of the services, specified in clause (b) or clause (d) of section 5, provided by the other person referred to therein, such other person, 1 ~ shall conect the expenditure-tax at the rate specified in section 4 (2) the tax collected during any calend~r month in accordance with the provisions of sub-section (1) shall be paid to the credit of the central government by the 10th day of the month immediately following the said calendar month i 20 (3) any person responsible for collecting the tax who fails to coned the tax in accordance with the provisions of sub-section (1) shau, notwithstanding such failure, be liable to pay the tax to the credit of the central government in accordance with the provisions of sub-section (2) 8 (1) every person responsible for collecting the tax shall before 25 the expiry of four months from the 31st day of march in f"ach year, furnish or cause to be furnished to the income-tax offtcer in the prescribed form and verified in the prescribed manner, a return in respect of the immediately preceding financial year showing- (a) the aglv'egate of the payments received in respect of charge- 30 able expenditure; i person l'eiip<lnsible for colleetins tax to furnish "rescribed return (b) the amount of the tax coliected; (c) the amount of the tax paid to the credit of the central government; and (dj such other particular~ as may be prescribed (2) in the case of any person who in the opinion of the income-taxi officer, is responsible for collecting tax under this act and who has not furnished a return under sub-section (1), the income-tax officer may, before the expirv of the finapcilll year in which the return is to be furnished issue a notice tl"l him and serve ~he ~nme upon him requiring him 'i0 to furnish within thirtv days from the (hltf~ of service of the notice the return in the prescribed form and verified in the nrescribed manner setting forth such other particulars as mny be prescribed (3) any person responsible for cojlecting the tax who has not furnished the return within the time allowed under sub-section (1) or 4 s sub-section (2), or having furnished a ire turn under sub-section (1) or sub-section (2) discovers any omission or wrong statement therein, may furnish a return or a revised return, as ,the case may be, at any time before the assessment is made 5 9 (1) for the purpose of making an assessment under this act, the assess income-tax officer may serve on any person who has furnished a return men! under section 8 or upon whom a notice has been served under sub-section (2) of section 8 (whether a return has been furnjshed or not) a notice requiring him on a date therein to be specified, to produce or cause to be 10 produced such accounts or documents or other evidence as the incometax officer may require for the purposes of this ac~ and may, from time to time, serve further notices requiring the production of such further accounts or documents or other evidence as he may require (2, the income-tax officer, after considering such accounts, docu-15 ments or other evidence, if any, as he has obtained under sub-section (1) and after taking into account any relevant material which he has gather~ ed, shall, by an order in writing, assess the chargeable expenditure and the amount of tax payable on the basis of such assessment 10 1£-best juda-ment assessment 20 (a) any person fails to make the return required by any notice given under sub-section (2) of section 8 and has not made a return or a revised return under sub-section (3) of that section, or ! (b) any person having made a ,return fails to comply with all the terms of a notice issued unde~ sub-section (1) of section 9, or 25 (c) the income-tax officer is not satisfied with the correctness or the completeness of the accounts of the assessee, the income-tax officer, after taking into account all the relevant material which he has gathered, shall, by an order in writing, make the assessment of the chargeable expenditure to the best of his judgment and determine 30 the sum payable by the assessee or refundable to the assessee on the basis of such assessment 11 if-35 chargeable expenditure escaping assessment (a) the iincome-tax officer has reason to believe that by reason of omission or failure on the part of the assessee to make a return under section 8 for any assessment year or to disclose wholly and truly all material facts necessary for his assessment for any assessment year, chargeable expenditure for that year has escaped assessment or has been under-assessed, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the incometax officer has, in consequence of information in his possession, reason to believe that chargeable' expenditure assessable in any assessment year has escaped assessment or has been under-assessed, he may, in cases falling under clause (a), at any time, and in cases falling 4s under clause (b), at any time within four years from the end of that assessment year, serve on the assessee a jilotice containing all or any of the requirements which may be included in a notice under section 8 and may proceed to assess or reassess the chargeable expenditure, and the provisions of this act shall so far as may be apply" as if the notice was a notice issued under that section rectification of mistake 12 (1) with a view' to rectifying any mistake apparent from the record, the tax authority referred to in section 6 which passed any order under the provisions of this act may wtithin four years of the date on 5 which such order was passed, amend the ord~r (2) where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in sub-section (1), the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend 'the 10 order under that sub-section in relation to any matter other than the - matter which has been so considered and decided (3) subject to the other provisions of this section the authority concerned-(a) may make an amendmen~ under sub-section (1) of its own 15 motion, and (b) shall make such amendment if any mistake is brought to its notice,-' (i) by the assessee; or (ii) where the authority concerned is the commissioner 20 (appeals), by the income-tax officer (4) an amendment, which ,has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the 25 assessee a reasonable opportunity of being neard (5) where an amendment is made under this section, an order shall be passed in writing by the tax authority concerned (6) subject to the other provisions of this act where any such amendment has the effect of reducing the assessment, the income-tax officer 30 shall make any refund which may be due to such assessee (7) where any such amendment has the effect 'of enhancing the assessment o,r reducing the refund already made, the income-tax officer shall serve on the assessee a notice of demand in the prescribed fonn specifying the sum payable and such notice of demand shall be deemed 3s to be issued under section 20 and the provisions of this act shall apply accordingly i 13 (1) no order of assessment shall be made under section 9 at any time after the expiration of a period of four years from the end of the assessment year in which the chargeable expenditure was first assessable, 40 or one year from the date of the filing of the return or revised return under section 8, whichever is later (2) no order of assessment or reassessment shall be made under section 9,-(a) where the assessment or reassessment is to be made in a 4s case falling within clause (a) of section 11 for which a notice has been served upon the assessee, at any time after the expiration ofa period of four years from the end of the assessment year in which the said notice was served; (b) where the assessment or reassessment is to be made in a case falling within clause (b) of section 1'1, for which a notice has been served, after the expiration of a period of-(i) four years from the end of the assessment year in which s the chargeable expenditure was first assessable, or (ii) one year from the date of service of such notice, i whichever period expires later (3) notwif;hstanding anything contained in sub-sections (1) and (z) an order of fresh assessment in pursuance of an order passed under 10 section 21, section 22 or section 23, setting aside or cancelling an assessment, may be made at any time before the expiry of four years from the eru:l of the financial year in which the order under section 21 is passed by the commissioner, or, as the case may be, the order under section 22 or section 23 is received by the commissioner 15 (4) the provisions of sub-sections (1) and (2} shall not apply to the assessment or reassessment made in consequence of, or to give effect to, any finding or direction contained in an order under section 21, section 22, section 23 or any order of a high court or supreme court in a proceeding by way of reference or appeal under this act or any order 20 of any court in a proceeding otherwise than by way of an appeal or reference under this act and such assessment or reassessment may, subject to the provisions of sub-section (3), be completed at any time explanation_in computing the period of limitation for the purposes of this section, the period during which the assessment proceeding is 2s stayed by an order or injunction of any court shall be excluded interest on delayed pa)'1lledt of oltpeuditure-tax 14 every person responsible for collecting expenditure-tax and paying it to the credit of the central government in accordance with the provisions of section 7, who fails to credit the tax to the account of the central government within the period specified in that section, shall 30 pay simple interest at the rate of one and one half per cent for every month or part of a month by which such crediting of tax is delayed 15 any person responsible for collecting expenditure-tax in accordance with the provisions of sub~tion (1) of section 7, who-penalty for failuro 3s (a) fails to collect such tax; or &0 couecl arpay upcddi· klre-tax (b) having collected the tax, fails to pay such tax to the credit of the central government in accordance with the provisions of sub-section (2) of that section, shall pay,-40 (i) in the case referred to in clause (4), in addition to paying tax in accordance with the provisions of sub-section (3) of that section, by way of penalty, a sum equal to the amount of tax that he failed to collect; and (ii) in the case referred to in clause (b), in ilddition to payin!f interest in accordance with the provisions of section 14, by way ot penalty a sum which shall not be less than one hundred rupees, but which may extend to two hundred rupees for every day during which the failure continuft failure to furnish prcscribal return 16 if a person fails to furnish in due time the return which he is 'requiredto furnish under sub-section (1) of sections or by notice given under sub-section (2) of that section, he shall pay, by way of penalty a s11m which shall not be less than one hundred rupees but which may extend to two hundred rupees for every day during which the failure 5 cominues 17 h the income-tax officer or the commissioner (appeals) in the course of any proceedings under this act is satisfied that any person has concealed particulars of chargeable expenditure or has 'furnished in-penalty for concealmentof chargeable ex penditu : ac~urate particulars of such chargeable expenditure, he may direct that 10 such person shall pay by way of penalty, in addition to any expenditl;1retax pay"ble by him, a sum which shall not be less than, but which sha~l n,:>t exc~ed twice, the amount of tax sought to be evaded by reason of conceacnent of particular3 of chargeable expenditure or the furnishing of inaccurate particulars of such hargeable expenditure: 15 provided that if the amount of chargeable expenditure (as determined by the income-tax officer on assessment)· in respect of which particulars have been concealed or inaccurate particulars have been furnished exceeds a sum of twenty-five thousand rupees, the income-tax officer shall not issue any direction for payment by way of penalty without 20 the previous approval of the inspecting assistant commis5ioner penalty for failure to comply with notice 18 if the income-tax officer in the course of any proceedings under this act is satisfied that any person has failed to comply with a notice under sub--section (1) of section 9, he may direct that such person ~ha1l pay, by way of penalty, in addition, to any tax payable by him, a sum 25 which shall not be less than ten per cent but which shall not exceed fifty per cent of the amount of the tax if any, which would have been , avoided if the chargeable expenditure returned by such person had been accepted as the correct chargeable expenditure 19 notwithstanding anything contained in the provisions of section }o 15, sectior, 16,3ect!on 17 or section 18, no penalty shall be imposable on the assessee for any failure referred to in the said provisions if he p:oves that there was reasonable cause for the said failure penally no()t t() he imposed in certain case! notice of payment 20 when any tax, interest, penalty 'or any other sum is payable under this act, the income-tax officer shall serve upon the assessee a 15 notice of demand in the prescribed form, specifying the sum so payable -and the amount of chargeable expenditure in relation to which such sum is fiyable 21 (1) the commissioner may, either of his own motion or' on appli- cation by the assessee for revision call fot the record of a proceeding under this act which has been taken by the income--tax officer subordi- 4'} nate to him and may make such enquiry or cause such enquiry to be made and subject to the provisions of this act may pass s,uch order thereon as he thinks fit revision of orders by the c-ommissioner ( 2) no order which is prejudicial to the assessee shall be passed under this section unless the assessee has been given an opportunity 45 of being heard ' (3) no order under this section shall be passed by the commissioner, if an appeal against the notice of demand issued by the income-tax officer under section 20 is pending before the commissioner (appeals) (4) no order under this section shall be passed after the expiry of 5 two years from the end ·of the financial year in which the 'order sought to be revised has been passed 22, (1) any person objecting to the amount of expenditure-tax for which he is assessed by the income-tax officer, or denying his liability to be assessed under this act, or objecting to an order levying penalty 10 under this act may appeal to the commissioner (appeals) appeals to the commis-5ioner (appeals) (2) every appeal shall be in the prescribed form and shall be verified in the prescribed" manner (3) an appeal shall be presented within thirty days of the receipt of the notice of demand relating to tax, interest or penalty under this 15 act: provided· that the commissioner (appeals) may admit an appeal afcer the expiration of the said period if he is satisfied after the appellant had sufficient cause for not presenting it within that period (4) the commissioner (appeals) shall hear and determine the appeal 20 and subject to the provisions of this act, pass such orders as he thinks fit and such orders may include an order enhancing the assessment or penalty: provided that an order enhancing the assessment or penalty shall not be made unless the person affected thereby has been given a reason-25 ablt;! opportunity of showing cause against such enhancement (5) the procedure to be adopted in the hearing and determination of the appeals shall, with:any necessary modification, be in accordance with the procedure applicable in relation to income-tax appeals 10 appellate tribun,,1& 23 (1) any assc'ssee aggrieved by an order passed by a commissioner 30 under section 21, or an order passed by a commissioner (appeals) under any provision of this act, may appeal to the appellate tribunal against such order (2) the commissioner may, if he objects to any order passed by the commissioner (appeals) under any provision of this ad, direct the in-35 ('orne-tax officer to appell to the appellate tribunal against the order p) every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date on which the order sought to be appealed against is communicate'd to the assessee or to the commissioner as the case may be 40 (4) the income-tax officer or th~ assessee as the case may b~ on receipt of a noti':e that an appeal agamst 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 45 of the notice, file a memorandum of cross-objections, verified in the prescriber! 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· flection (3) (5) the appellate tribunal may admit an appeal or pennit the filing of a memorandum of cross-objections after the expiry of the relevant s period referred to in sub-section (3) or sub-section (4), if it is satisfied that there was sufficient cause for not presenting it within that period (6) an appeal to the appellate tribunal shall be in the prescribed form and shall be verified in the prescribed manner and shall, except in the case of an appeal referred to in sub-section (2) or a memorandum of 10 cross-objections refe~ed to in sub-section (4), be accompanied by a fee of two hundred rupees (71 subject to the provisions of this act, in hearing and making an order on ajily appeal under this section, the appellate tribunal shall exercise the same powers and follow the same procedure as it exercises and 1 s follows in hearing and making an order on any appeal under the incometax act "pplicajon of irovilions of incometax act 24 the provisions of the following sections and schedules of the income-tax act and the income-tax (certificate proceedings) rules, 1962, as in force from time to time, shall app1,y with necessary modifications as 20 if the said provisions and the rules referred to expenditure-tax instead of to income-tax:-2 (43b) and (44),118 125, 125a, 128 to 136 (both inclusive), 138, 140, 144a 159 to 163 (both inclusive), 166, 167, 170, 171, 173 to 179 (both inclusive), 187, 188, 189, 220 to 227 (both inclusive), 229, 231, 232, 237 to 245 2s (both inclusive), 254 to 262 (both inclusive), 265, 266, 268, 269, 278b, 278c, 278d, 278e, 281 281b, 282, 283, 284, 287, 288, 288a, 2'88b, 289 to 293 (both inclusive), the second schedule and the third schedule: provided that references in the said provisions and rules to the "assesc;ee" shall be construed as references to an assessee as defined in 30 this act wilful attempt to ovade tax, etc zer; if a person wilfully attempts in any manner whatsoever to evade collection or payment of any tax, penalty or interest chargeable or impo':-able under this act, or to understate the aggregate of the chargeable axpenditure he shall, without prejudice to any penalty that may be impos- 35 able on him under any otter provision of this act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine explanation-for the purposes of this section, a wilful attempt to evade collection or payment of any tax, penalty or interest chargeable or 40 imposablt under this act srall include a case where any person-(i) has in his possession or control any books of account or other documents (being books of account or other documents relevant to any proceeding under this act) containing a false entry or statement; or 45 (it) makes or causes to be made any false entry or statement in such books of account or other documents; or (iii) wilfully omits or causes to be omitted any relevant entry or statement in such books of account or other documents; or (iv) cautjes any other circumstances to exist which will have tl':e effect of enabling such person to evade collection or payment of any tax, penalty or interest chargeable or imposable under this act failuro to furnisb presecribed returns 26 if a person fails to furnish in due time the return which he is s required to furnish under sub-section (1) of section 8 or by a notice given under sub-section (2) of that section, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this act, be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years 10 and with fine false statement in verification, etc 27 if a person makes a statement in any verification under this act or any rule made thereunder, or delivers an account or statement which is falre, and which he either knows or believes to be false, or does not believe to be true, he shall be punishable with rigorous imprisonment for a 1 s term which shall" not be less than three months but which may extend to seven years and with fine ' abetment of false return, etc 28 if a person abets or induces in any manner another person to make and deliver an account or a statement or declaration relating to any chargeable expenditure which is false and which he either knows to be 20 false or does not believe to be true or to commit an offence under section 25, he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine 2 of 1974 29 notwithstanfling anything contained in the code 'pf criminal 2s procedure, 1973, an offence punishable under section 25 or section 26 or section 27 or section 28 shall be deemed to be non-cognizable within the meaning of that code certain offences to be non·cogni_ zable 45 of )860 30 (1) a person shall not be proceeded against for any offence under section 25 or section 26 or section 27 or section 28, except with the 30 previous sanction of the commissioner: provided that no such sanction shall be required where the complainant before the court is a commissioner (appeals) institution of proceedings and composition of offences (2) the commissioner may, either before or after the institution of proceedings, compound any offence punishable under section 25 or section 35 26 or section 27 or section 28 power ~o make rulce 31 (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 act (2) in particular, and without prejudice to the generality of the fore-40 going power, such rules may provide for all or any of the following matters namely:-04s (0) the manner in which the room charges may be determined under sub-section (2) of section 3 in cases where composite charges are payable in respect of residential accommodation and food; (b) the cases and the circumstances in which payments made in indian currency by conversion of foreign exchange into indian currency shall be deemed to have been made in foreign exchange for the purposes of clause (a) of the explanation to section 5; (c) the form in which return's under section 8 may be furnished the manner in which they may be verified and the other particulars which a form may contain; (d) the form in which a notice of demand may be served on the assessee under sub-section (7) of section 12; 5 (e) the form in which appeals under section 22 or under subsection (6) of section 23 may be filed and the manner in which they may be verified; (f) the manner in which a memorandum of cross-objections under sub-section (4) of section 23 may be verified; 10 (g) any other matter which by this act is to be or may be prescribed (3) the power to make rules conferred by this section shall on the first occasion of the exercise thereof include the power to give retrospectivf ~ffect to the rules or any of them from a date not earlier than the is date of commencement of this act (4) the central government shall cause every rule made under this section to be laid as '30nn 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 20 if, before the expiry of the session immediately following the session or the sliccessive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the ruie 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 25 annulment shall be without prejudice to the validity of anything previously done under that rule 32 if any difficulty arises in glvmg effect to the provisions of this act, the central government may, by order not inconsistent with the provisions of this act, remove the difficulty: 30 'ower to remove difficulties provided that no such order shall be made after the expiry of a period of two years from the commencement of this act ~4 of 1963 :13 (1) in section 2 of the central boards of revenue act, 1s63, in sub-clause (1) of clause (c)-consc luential amendments (a) in item (viii) the word "and" occurring at the end shall be vi omitted; (b) after item (viii) as so amended the following item shall be im:;erted namely:- "(ix) the expenditure-tax act, 1987; and"120r 1974-(2) in the economic offences (inapplicability of limitation) act 4() 1974, ill the schedule, after entry 2b' relating to the hotel receipts tax act, 193(), the following entry ,shall be inserted, namely:-54 of 1980 "2c the expenditure-tax act, 1987" statement of objects and reasonsthe bill seeks to impose a tax on expenditure incurred in hotels wht!re the room charges for any unit of residential accommodation are fo~r hundred rupees or more per day per individual this tax will be levied at the rate of ten per cent of the expenditure incurred in conmiction with provision of any accommodation, food, drinks, and certain othel categories of services this tax will not apply to expenditure incurred in foreign exchange or in the case of a person enjoying diplomatic privileges new delhi; rhe 21st august, 1987 narayan dati tiwari president's recommendation under article 117 of the constitution of india[copy of letter no 22ifbi87-tpl dated 21-8-1987 from shri narayan datt tiwari, minister of finance to the secretary-general lok sabha] the president, having been informed of the subject matter of the proposed bill which seeks to provide for levy of a tax on expenditure incurred in certain hotels has recommended under article 117 (1) of the constitution of india introduction of the bill in lok sai)ha ~orandum regarding delegated legislationcla\u:ie 31 of the bill empowers the central board of direct taxes to mw rules for carrying out the provisions of the proposed legislation sub-clause (2) of that clause enumerates the matters in relation to which rules may be made such rules may be made inter atia for laying down the manner in which the room charges may be determined under clause '3 (2) in cases where composite dharges ~ payable ib resp,ect of residential accommodation and food; for specifying the cases and the circumstances in which payments made in indian currency by conversion of foreign exchange into indian currency shall be deemed to have been made in foreign exchange for the purposes of clause 5; specifying the form in which returns under clause 8 may be furnished and the manner in which such returns may be verified and the particulars which such form may contain; specifying the form in which a noti~ of demand may be served on the assessee under clause 12 (7); specifying the form in which appeals may be filed under clause 22 or clause 23 and the manner in which they may be verified; specifying the manner in which a memorandum of cross-objections under clause 23 (4) may be verified the central board of direct taxes is also being empowered to mllke rules, on the first occasion, with retrospective effect from a date not earlier than the date of commencement of the proposed legislation i , 2 the matters in respect of which rules may be made are matters of administrative detail which cannot be incorporated in the proposed legislation the delegation of legislative power is therefore, of a normal character - - - - - 2 in this act, unless the context otherwise requires,'-definitions, - - - - (e) "direct tax" means-(1) any duty leviable or tax chargeable under-- - - - - (viii) the hotel-receipts tax act" 1980; and - - - - - a billto provide for the levy of a tax on expenditure incurred in certain hotels (shri narayan datt tiwari, minister of ~nance) | Parliament_bills | 787f4652-a28f-5998-bee1-0cef9cdca127 |
bill no 64 of 2009 the metro railways (amendment) bill, 2009 a billfurther to amend the metro railways (construction of works) act, 1978 and to amend the delhi metro railway (operation and maintenance) act, 2002be it enacted by parliament in the sixtieth year of the republic of india as follows:— chapter i preliminary chapter ii amendment to the metro railways (construction of works) act, 197833 of 1978amendment of section 12 in the metro railways (construction of works) act, 1978 (hereafter in this chapter referred to as the metro railways act), in section 1, in sub-section (3), for the portion beginning with the words "such other metropolitan city" and ending with the words "to that city accordingly", the following shall be substituted, namely:—"the national capital region, such other metropolitan city and metropolitan area, after consultation with the state government, and with effect from such date as may be specified in that notification and thereupon the provisions of this act shall apply to the national capital region, such metropolitan city or metropolitan area accordingly" 3 in the metro railways act, for the words "metropolitan city" occurring in clause (h)of sub-section (1) of section 2, clause (c) of sub-section (1) of section 4 and clause (a) of sub-section (1) of section 32, the words "metropolitan city, metropolitan area and the national capital region" shall be substitutedsubstitution of words "metropolitan city" by words "metropolitan city, metropolitan area and national capital region"4 in section 2 of the metro railways act, in sub-section (1),—amendment of section 2(i) after clause (h), the following clause shall be inserted, namely:—'(ha) "metropolitan area" shall have the meaning assigned to it in clause(c) of article 243p of the constitution;'; (ii) after clause (o), the following clause shall be inserted, namely:—2 of 1985'(oa) "national capital region" means the national capital region as defined in clause (f) of section 2 of the national capital region planning board act, 1985;' chapter iii amendment to the delhi metro railway (operation and maintenance) act, 200260 of 20025 throughout the delhi metro railway (operation and maintenance) act, 2002(hereafter in this chapter referred to as the delhi metro railway act), for the words "metropolitan city of delhi" wherever they occur, the words "the national capital region, metropolitan city and metropolitan area" shall be substitutedsubstitution of references to "metropolitan city of delhi" by references to "national capital region and any other metropolitan area" amendment of section 16 in section 1 of the delhi metro railway act, for sub-sections (1) and (2), the following sub-sections shall be substituted, namely:—"(1) this act may be called the metro railways (operation and maintenance)act, 2002(2) it extends in the first instance to the national capital region and the central government may, by notification, after consultation with the state government, extend this act to such other metropolitan area and metropolitan city, except the metropolitan city of calcutta, and with effect from such date as may be specified in that notification and thereupon the provisions of this act shall apply to that metropolitan area or metropolitan city accordingly" 7 in section 2 of the delhi metro railway act, in sub-section (1),—amendment of section 2(i) for clause (a), the following clauses shall be substituted, namely:—'(a) "central government", in relation to technical planning and safety of metro railways, means the ministry of the government of india dealing with railways;(aa) "claims commissioner" means a claims commissioner appointed under section 48;'; (ii) for clasue (h), the following clauses shall be substituted, namely:—'(h) ''metropolitan area" shall have the meaning assigned to it in clause (c)of article 243p of the constitution;(ha) "metropolitan city" means the metropolitan city of bombay, calcutta, delhi or madras;'; (iii) after clause (k), the following clause shall be inserted, namely:—2 of 1985'(ka) "national capital region" means the national capital region as defined in clause (f) of section 2 of the national capital region planning board act, 1985;'amendment of section 68 in section 6 of the delhi metro railway act, in sub-section (2), after clause (b), the following clauses shall be inserted, namely:—"(ba) develop any metro railway land for commercial use; (bb) provide for carriage of passengers by integrated transport services or any other mode of transport;"amendment of section 79 section 7 of the delhi metro railway act 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 commissioner shall function under the administrative control of the chief commissioner of railway safety appointed under section 5 of the railways act, 1989"24 of 198910 for section 12 of the delhi metro railway act, the following section shall be substituted, namely:—substitution of new section for section 12 annual report"12 the chief commissioner of railway safety shall, for each financial year, prepare in such form, and within such time, as may be prescribed, an annual report giving a full account of the activities of the commissioners during the financial year immediately preceding the financial year in which such report is prepared and forward copies thereof to the central government"amendment of section 1311 in section 13 of the delhi metro railway act, for the word "commissioner", the words "chief commissioner of railway safety" shall be substitutedamendment of section 2312 in section 23 of the delhi metro railway act, in sub-section (1), for the words"hindi and english", the words "hindi, english and official language of the state in which such station is located" shall be substitutedamendment of section 2613 in section 26 of the delhi metro railway act, in sub-section (1), the words "a small" shall be omittedamendment of section 3414 in section 34 of the delhi metro railway act, for sub-section (4), the following sub-section shall be substituted, namely:—"(4) the central government and the state government shall nominate one member each to the fare fixation committee:provided that a person who is or has been an additional secretary to the government of india or holds or has held an equivalent post in the central government or the state government shall be qualified to be nominated as a member"amendment of section 3815 in section 38 of the delhi metro railway act, in sub-section (2), for the words"government of the national capital territory of delhi", the words "state government" shall be substituted16 in section 85 of the delhi metro railway act,—amendment of section 85(i) in sub-section (1), for the words "government of the national capital territory of delhi", the words "state government" shall be substituted;(ii) in sub-section (2), for the words "government of the national capital territory of delhi in the delhi gazette", the words "state government" shall be substituted statement of objects and reasonsthe central government proposes to extend the delhi metro to area under the control of new okhla industrial development authority in the state of uttar pradesh and to gurgaon in the state of haryana the construction work has already begun by the delhi metro rail corporation in view of the commonwealth games being held in october, 2010, these extensions are required to be completed before that period2 the metro rail system has been approved by the central government for bangalore and chennai and the construction work has already begun at these places also other cities, where such system is under different stages of consideration, are chandigarh, hyderabad, kochi and mumbai there are no statutory provisions at present which may provide a legal cover for development, construction, operation and maintenance of metro railways in these cities3 therefore, it has become necessary to make suitable amendments in the metro railways (construction of works) act, 1978 and the delhi metro railway (operation and maintenance) act, 2002, so as to make the provisions of both these acts applicable to the metro railways in the national capital region, metropolitan cities and other metropolitan areas for development, construction, operation and maintenance of metro railways the provisions of the delhi metro (operation and maintenance) act, 2002 are not being made applicable to the metropolitan city of kolkata because the operation and maintenance of kolkata metro railway is at present being regulated in accordance with the provisions of the calcutta metro railway (operation and maintenance) temporary provisions act, 19854 the bill seeks to achieve the above objectsnew delhi;s jaipal reddythe 30th july, 2009 annexure extracts from the metro railways (construction of works) act, 1978(33 of 1978) chapter i preliminary1 (1) short title, commencement and application(3) it applies in the first instance to the metropolitan city of calcutta, and the central government may, by notification in the official gazette, declare that this act shall also apply to such other metropolitan city and with effect from such date as may be specified in that notification and thereupon the provisions of this act shall apply to that city accordinglydefinitions2 (1) in this act, unless the context otherwise requires,— (h) ''metro alignment'', in relation to any metropolitan city, means such alignment of the metro railway as is specified in the schedule under that city and includes the metro railway; 4 (1) the central government may constitute an advisory board for every metro railway for the purpose of assisting or advising that government on—constitution of advisory board (c) such other matters as may be referred to it for carrying out the purposes of this act and in particular for the purpose of ensuring that the functions of the metro railway administration are exercised with due regard to the circumstances or conditions prevailing in, and requirements of, the metropolitan city 32 (1) the central government may, by notification in the official gazette,—power to alter the entries in the schedule(a) add to the schedule the metro alignment in respect of a metropolitan city to which this act is made applicable under sub-section (3) of section 1; ———— extracts from the delhi metro railway (operation and maintenance) act, 2002 (60 of 2002) chapter i preliminary1 (1) this act may be called the delhi metro railway (operation and maintenance)act, 2002short title, extent and commencement(2) it extends to the national capital territory of delhidefinitions 2 (1) in this act, unless the context otherwise requires,—(a) ''claims commissioner'' means a claims commissioner appointed under section 48; (h) ''metropolitan city of delhi'' means the area of the national capital territory of delhi; 6 (1) powers of metro railway adminstration(2) without prejudice to the generality of the foregoing provision, such power shall include the power to— chapter iv commissioner of metro railway safety7 the central government may appoint one or more commissioners of metro railway safety| | ||---------------|-------|| appointment | || of | || commissioner | || of | metro || railway | || safety | || annual report | || of | || commissioner | |12 the commissioner shall prepare, in such form and in such time, for each financial year, as may be prescribed, an annual report giving a full account of his activities during the previous financial year and forward copy thereof to the central government13 the central government shall cause the annual report of the commissioner to be laid after its receipt before each house of parliamentannual report to be laid before parliament chapter vi working of the metro railway23 (1) the metro railway administration shall cause to be pasted in a conspicuous and accessible place at every station in hindi and english a table of the fare chargeable for travelling from the station to every place for which tickets are issued to passengersexhibition of fare tables at station andsupply oftickets carriage ofgoods26 (1) no person shall, while travelling in the metro railway, carry with him any goods other than a small baggage containing personal belongings not exceeding such volume and weight as may be prescribed| | | | | ||------|------|------|------|-----|34 (1) constitution of fare fixation committee(4) one member each shall be nominated by the central government and the government of the national capital territory of delhi respectively:provided that a person who is or has been an additional secretary to the government of india or holds any equivalent post in the central government shall be qualified to be nominated by the said government| | | | | ||------|------|------|------|-----| chapter viii accidents| 38 ||---------------|| notice of || metro railway || accident |(2) the metro railway administration, within whose jurisdiction the accident occurs, shall, without delay, give notice of the accident to the government of the national capital territory of delhi and the commissioner having jurisdiction over the place of the accident| | | | ||-------------------------------------------------------------------------------------------------|------|------|------------------------------------------------------------------------------|| place of trial | | | || 85 | ( | 1 | ) any person committing an offence under this act, or any rule or regulation || made thereunder, shall be triable for such offence in any place in which he may be, or which | | | || the government of the national capital territory of delhi may notify in this behalf, as well as | | | || any other place in which he is liable to be tried under any law for the time being in force | | | |(2) every notification under sub-section (1) shall be published by the government of the national capital territory of delhi in the delhi gazette and a copy thereof shall be exhibited for the information of the public in some conspicuous place at such metro railway stations as that government may direct| | | | | ||------|------|------|------|-----|———— a billfurther to amend the metro railways (construction of works) act, 1978 and to amend the delhi metro railway (operation and maintenance) act, 2002———— | Parliament_bills | 64abb6dd-292c-543e-b2a2-3aad93eac53a |
the constitution (scheduled castes) order (amendment) bill, 2006 abillfurther to amend the constitution (scheduled castes) order, 1950be it enacted by parliament in the fifty-seventh year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled castes) order (amendment)act, 2006co 192 in the schedule to the constitution (scheduled castes) order, 1950,—(a) in part v—haryana,—amendment of the schedule(i) for entry 5, substitute—"5 batwal, barwala";(ii) for entry 24, substitute—"24 megh, meghwal";(b) in part viii—kerala, for entry 61, substitute—''61 thandan (excluding ezhuvas and thiyyas who are known as thandan, in the erstwhile cochin and malabar areas) and (carpenters who are known as thachan, in the erstwhile cochin and travancore state)'';(c) in part ix—madhya pradesh, for entry 2, substitute—"2 bagri, bagdi (excluding rajput, thakur sub-castes among bagri, bagdi)";(d) in part x—maharastra,—(i) for entry 8, substitute—"8 basor, burud, bansor, bansodi, basod";(ii) for entries 11 and 12, substitute— "11 bhambi, bhambhi, asadaru, asodi, chamadia, chamar,chamari, chambhar, chamgar, haralayya, harali, khalpa, machigar,mochigar, madar, madig, mochi, telegu mochi, kamati mochi, ranigar,rohidas, nona, ramnami, rohit, samgar, samagara, satnami,surjyabanshi, surjyaramnami, charmakar, pardeshi chamar; 12 bhangi, mehtar, olgana, rukhi, malkana, halalkhor, lalbegi,balmiki, korar, zadmalli, hela";(e) in part xiii—orissa,—(i) for entry 19, substitute—"19 chamar, chamara, chamar-ravidas, chamar-rohidas, mochi, muchi, satnami";(ii) for entry 42, substitute—"42 kandra, kandara, kadama, kuduma, kodma, kodama";(f) in part xiv—punjab, after entry 38, insert—"39 mahatam, rai sikh";(g) in part xxiii—chhattisgarh, after entry 43, insert—"44 turi" statement of objects and reasonsas per the provisions of article 341 of the constitution, the list of scheduled castes was first notified in 1950 and this list was modified from time to time a number of requests were received from the state governments for modifications in the list, such as, inclusion of new communities, inclusion of synonymous communities, imposing area restrictions and other modifications of certain existing entries2 the above requests have been processed in accordance with the modalities approved by the government on 15th june, 1999 and modified on 25th june, 2002 after consultation with the concerned state governments, the registrar general of india and the national commission for scheduled castes, the list of the scheduled castes in respect of seventeen communities for the states of haryana, kerala, madhya pradesh, maharashtra, orissa, punjab and chhattisgarh are proposed to be amended3 the proposed amendments in the constitution (scheduled castes) order (amendment) bill, 2006 broadly fall under the following categories, namely:—(i) inclusion of new castes based on social, educational and economic backwardness;(ii) inclusion of synonymous communities in respect of a caste in the existinglist; and(iii) modifications or imposition of area restrictions in the existing entries4 the bill seeks to achieve the above objectsnew delhi;meira kumarthe 28th june, 2006 financial memorandumthe bill seeks to include new castes based on social, educational and economic backwardness, synonymous communities in respect of a caste and modifications in the existing entries relating to seventeen communities in the list of scheduled castes for the states of haryana, kerala, madhya pradesh, maharashtra, orissa, punjab and chhattisgarh this will entail additional recurring and non-recurring expenditure on account of benefits to be provided to the persons belonging to the communities to be included under continuing schemes meant for development of the scheduled castes2 it is not possible to estimate the likely 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) order, 1950(co 19) part v—haryana 5 batwal 24 megh part viii—kerala 61 thandan part ix—madhya pradesh 2 bagri, bagdi part x—mahrashtra 8 basor, burud, bansor, bansodi 11 bhambi, bhambhi, asadaru, asodi, chamadia, chamar, chamari, chambhar, chamgar, haralayya, harali, khalpa, machigar, mochigar, madar, madig, mochi, telegu mochi, kamati mochi, ranigar, rohidas, nona, ramnami, rohit, samgar, samagara, satnami, surjyabanshi, surjyaramnami12 bhangi, mehtar, olgana, rukhi, malkana, halalkhor, lalbegi, balmiki, korar, zadmalli part xiii—orissa 19 chamar, mochi, muchi, satnami 42 kandra, kandara lok sabha——— a billfurther to amend the constitution (scheduled castes) order,1950————(smt meira kumar, minister of social justice and empowerment)mgipmrnd—1630ls(s1)—26-07-2006 | Parliament_bills | 49e443fb-7423-57d0-bb6e-2aab7e8b2295 |
bill no 82 of 2017 the code of criminal procedure (amendment) bill, 2017 by shri sushil kumar singh, mp a billfurther to amend the code of criminal procedure, 1973be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—2 of 19742 in section 451 of the code of criminal procedure, 1973,—amendment of section 451(i) for the words "the court may", the words "the court shall, within sixty days from the date such property is produced before it,'' shall be substituted; and5(ii) after the words "disposed of", the words "in such manner, as may be prescribed by notification by the central government in consultation with the state governments" shall be inserted statement of objects and reasonscriminal litigation in india is a long drawn out process under the relevant criminal laws, any property related to the trial has to be confiscated or be kept in the custody of the police station for being recorded as evidence though the code of criminal procedure, 1973 provides for disposal of property pending trial, the absence of any time limit to adjudicate the disposal of property often leads to destruction of the said property as it is confiscated for a long time the non-disposal of property such as vehicles, cement packets, foodgrains and other items leads to their decay and, subsequently, they become obsolete and non-usable it is, therefore, recommended that a time-bound disposal of application for disposal of property which has been confiscated during the pendency of trial is essential such a time-bound decision will ensure that the property is not wasted and it doesn't become a burden for the police or the court to continuously monitor the upkeep of such property the state government is also required to prescribe the rules and procedure for dealing with such property and ensuring that existing registration of movable property such as car is cancelled and the products are freshly auctioned in order to avoid any further hardship to the buyer or acquirer of the propertyhence this billnew delhi;sushil kumar singhmarch 11, 2017 memorandum regarding delegated legislationclause 2 of the bill empowers the state government to make rules for disposal of property subject to speedy and natural decay within sixty days of producing of such property before any criminal court as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character annexure extracts from the code of criminal procedure, 1973 (no 2 of 1974) 451 when any property is produced before any criminal court during an inquiry or trial, the court may make such order as it thinks fit for the proper custody of such property pending the conclusion of the inquiry or trial, and, if the property is subject to speedy and natural decay, or if it is otherwise expedient so to do, the court may, after recording such evidence as it thinks necessary, order it to be sold or otherwise disposed oforder for custody and disposal of property pending trial in certain casesexplanation—for the purposes of this section, ''property'' includes—(a) property of any kind or document which is produced before the court or which is in its custody(b) any property regarding which an offence appears to have been committed or which appears to have been used for the commission of any offence lok sabha———— a billfurther to amend the code of criminal procedure, 1973————(shri sushil kumar singh, mp)gmgipmrnd—5705ls(s3)—16-06-2017 | Parliament_bills | 9819fc23-70f8-5d3c-b79e-2cf723f6d3e1 |
bill no 120 of 2016 the promotion of cycling and provision of compulsory dedicated cycle corridor along major roads and highways bill, 2016 by shri rajesh ranjan, mp a billto provide for the promotion of cycling by way of giving incentives to the employees by employers including government, providing subsidy on purchase of bicycles to the general public and for the provision of compulsory dedicated cycle corridor along major public roads and highways in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— cycle corridor along major roads and highways act, 2016short title, extent and(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 and different dates may be appointed for different—(a) provisions of this act; (b) areas; and5(c) roads or highwaysdefinitions2 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; and(b) "prescribed" means prescribed by rules made under this act103 (1) notwithstanding anything contained in any other law for the time being in force, it shall be the duty of the appropriate government to promote eco-friendly and healthy practice of cycling and provide dedicated cycle corridors along major roads and highways passing through its territorial jurisdiction in such manner as may be prescribed15(2) without prejudice to the generality of the provisions contained in sub-section (1), the appropriate government may for the purposes of this act,—appropriate government to promote cycling and provide dedicated cycle corridors(a) provide subsidy to the general public for purchasing bicycles;(b) give incentives and attractive cycle allowance to its employees for usingbicycles while commuting to office and back home;(c) consider giving tax exemptions to promote cycling;20(d) provide and construct dedicated cycle tracks along arterial streets, mainroads and highways;(e) make provision for compulsory cycle lanes along all major roads includingflyovers;(f) prepare and implement bicycle master plans for major cities and urban areas; (g) focus on the bicycle as a mode of transport;25(h) ensure that cycle tracks are not taken over for unauthorised parking bymotor vehicles or to become dumps for waste; and(i) make such other provisions as it may deem necessary and expedient for thepurposes of this act30power to remove difficulties4 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty and any such order shall be final and binding5 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 act35act to supplement other laws6 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate funds to the states and union territories for implementing the provisions of this actcentral government to provide funds power to make rules407 (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 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 reasonsthese days environmental pollution is the hot topic of debates on television channels, newspapers, magazines and other fora the national capital region (ncr) have been dubbed as one of the most polluted region in the world the judiciary has observed that we are living in the gas chamber in an effort to meet the twin objectives of limiting vehicular pollution and curbing road congestion delhi government wants to promote cycling by giving subsidy for bicycle purchases but unfortunately delhi's urban culture refuses to recognize the bicycle as a mode of transport this is mainly because there is lack of cycle readiness of the capital and ncr roads there are only a few dedicated lanes for cycling and even they are not fit for cycling for various reasons the streets are also dangerous for cyclists because buses and cars do not respect their rights cycles are not given way on main roads and they are often at risk when attempting to evade the heavy flow of traffic this kind of situation prevails not only in the national capital and ncr but throughout the countrythis situation exist despite the fact that our country is the second largest bicycle producing country in the world after china and this 15 billion dollar industry produced nearly 155 million bicycles in 2012-13 that is 10 percent of the total bicycles manufactured globally and employed about one million people but despite these figures cycling as an alternative mode of urban transport has not really taken off in our country around half a century ago almost sixty per cent or road trips in the national capital involved bicycles but today experts reckon they constitute at best four per cent of the city's commutershowever, it is not the case everywhere some cities across the globe have made it easier to ride bicycles ten famous cities of the globe which have bicycle lanes, dedicated bicycle only paths and drivers who are generally more than willing to share the road are copenhagen and amsterdam in denmark; utrecht and eindhoven in netherlands; strasbourg, nantes and bordeaux in france; malmo in sweden; antwerp in belgium and seville in spain germany has recently become the first nation in the globe to start cycle highways with all the necessary facilities there are separate lanes, each lane is 13 feet wide with provision to overtake there are no red lights along the highways and bicycle rider can ride at high speed as he desiresthe success of odd and even car number formula in the national capital has again proved that where there is a will there is a way promoting cycling to contain environmental pollution is also possible for which several steps are needed to be undertakenhence this billnew delhi;rajesh ranjanapril 13, 2016 financial memorandumclause 3 of the bill provides, inter alia, giving a subsidy to general public for purchasing bicycles and giving of incentives to employees for communting by bicyclesclause 6 makes it mandatory for the central government to provide adequate funds to the states and union territories for implementing the provisions of the bill the bill, therefore, if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one lakh crore will be involved as recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure of rupees two lakh crore is also likely to be involved for creation of assets throughout the country memorandum regarding delegated legislationclause 7 of the bill gives power to the central government to make rules for carrying out the purposes of the bill 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 promotion of cycling by way of giving incentives to the employees by employers including government, providing subsidy on purchase of bicycles to the general public and for the provision of compulsory dedicated cycle corridor along major public roads and highways in the country and for matters connected therewith or incidental thereto————(shri rajesh ranjan, mp)gmgipmrnd—317ls(s3)—02052016 | Parliament_bills | 0dc6b6a3-08bd-55d3-a541-f7220eaa860b |
(as introducbd in lok sabba) i billto authorise payment and appropriation of certain sums frorn and out of the consolidated fund of the state of orissa for the service of the financial year 1961-62 bs it enacted by parliament in the twelfth year of the republic of india 18 follows:-1 this act may be called the orissa appropriation (no 2) act, short title 1961 ' s 2 from and out of the consolidated fund of the state of orissa iiiiic of ri there may be paid and applied sums not exceeding those specifted ~~r~39 in column 3 of the schedule amounting in the aggregate [inclusive codioudated of the sums specified in column 3 of the schedule to the orissa ~:: :1 the appropriation (vote on account) act, 1961] to the sums of orillafor 10 ninety-three crores, eighty-three lakhs, thirty-eight thousand, ~~i: two hunc1red and thirty-nine rupees towards defraying the several charges which will come in course of payment during the financial year 1961-62 in respect of the servfces specifted in column 2 of the schedule is 3 the sums authorised to be paid and applied from and out of appropriathe consolidated fund of the state of orissa by this act shall be dc:g, appropriated for the services and purposes expressed in the schedule in relation to the said year no or vote semcea idd purpoeea sums not esceedlng i---------------------r-----------------------------voted by charaed on parliament the codloli-total dated fund rii rs r •• 40,06074 1 election add other bzpendfture relatln, to the home department , 3735,111 2 laf1a ~ 230,81391 3 police 4 bxj)edc!lture relating to the pjannin,ldd co-ordination and poutfcal idd services departments - ,community development projects etc 1668,807 6 riftr vall~ developmedt ,10000 7 expenditure on displaced penon - 8 stidlpl 9 minfatera o'lil secretariat idd other bxpenditure relating to the finance department - 7239873 10 penijodi 4143674 5146,91737 30 ii bxpenc!lture relating to the bducatfon department '14691,737 14,97,303 i2 taxadon 1497,103 1is04,j73 13 land reftnuc 1,1,,04,173 14 bxdae 21149,076 21,49076 i, reslatrluon - 6,09,033 6,09 , | sums | not | ezceeding ||-----------------------------|-----------------------------|-----------------------|| no | of | services and purpose || vote | | || total | | || voted | | || by | | || parliament | | || charged | | || on | | || the consoli- | | || dated | | || fund | | || 5 | | || rio | | || ri | | || ri | | || 16 | district admjnistration and | || other expenditure relating | | || to | the revenue department | || soooooo | | || 10 | | || 17 | eli:penditure relating | to || industnesdepartment | | || 18 | | || civil | | || and sessions court and | | || other fu:penditure relating | | || to | the | || law | | || department | | || 20 | | || 20,28,311 | | || 19 | stationery and printing and | || other expenditure relating | | || to the | | || commerce depart- | | || ment | - | - || 20 | | || labour and emigration and | | || employment | organi | || | - | || don | | || 21 | | || tribal | | || and | | || rural welfare | | || department | | || 22 | | || medical | | || and other espendi- | | || ture relating to the health | | || department | | || 1,7868,573 | | || 1,7868"'73 | | || 23 | | || public health | | || 79,323 | | || 82 | | || 79,32,312 | | || 6,75,81,145 | | || 24 | irrigation | || is,ooo | | || 6,7$96145 | | || 6,66,22,967 | | || as | | || civil | | || work | | || 6,68,17,759 | | || 1th1, | | || 26 | | || state legialature | | || 14,000 | | || 30 | | || 6,513>455 | | || 27 | | || public worts, common | | || ea- | | || tabli8hment and other | | || ex- | | || penditure relating to | worb | || department | | || 0 | - | - || 60,65,767 | | || 60,65767 | | || 28 | blcctrlcity | || schemel | | || 251 | | || 8 | | || ,58 | | || ,786 | | || 251 | | || 8 | | || 58786 | | || 35 | | || 1 | | || 3,30,972 | | || 251 | tuci | || on vehicle | | || 1 | | || 3,30,5172 | | || 1,30,9 | | || 8 | | || ,1 | | || 0 | | || 5 | | || 30 | tranapol"t schemel | 1,jo,9 || 8 | | || ,1«>5 | | || 1,27,72,1517 | | || 1 | •• | 000 || 31 | | || forelt | | || 2 | | || 9,070369 | | || 32 | | || ftiherici | | || 45,43,ou | | || 33 | eo-operatlon | || 2 | | || 907,369 | | || 5o | | || 0 u | | || 40 | | || 16,'3196 | | || 34 | contribution to | || local | | || bodici | | || 16,'3196 | | |no of swdi dot ezceedidg vote services and pmpoiti voted by charged od parliamedt the consoli-total s dated fund --ri ri ra 35 animal hliibandq 89,",953 89,55,953 36 public relation •• 1742,2:11 17,42,331 37 agriculture 1,54,08,5 is i,s4,08,sis 10 38 supply departmedt sl80400 31,80,400 1",,,,,, tm tl«j, aii4 ot1lr obllglltiorn 6,54tllj04 6,54,11,304 4pproflrlatldn lor ,tluetlml or gwitlllllte oj tub - 1,67~,489 1,61,30,489 is 39 hirakud dam project 7630,000 16,30,000 40 coidjdudiq development project •• 3640000 36,40,000 41 loans to local funds, government scrvant •• ctc 1,13,s49a4 1,73,54934 20 42 compensation (or abolition of zamindari s"tcdl and other expenditure rel-tina 89,51,000 89,51,000 to revenue department 43 electriclty schemel outside the reveaue account and 2s other ezpcnditure relating to the works depart-:ls,ooo 157800152 men! 1'7775152 44 aaricultural improvements and relcan:b 690870931 69875131 30 4s state scbemea of government tndida 305,97,870 3os,5i7870 46 road transport scbadei 3,00000 200000 47 '1iital outlay on pabuc 3s ealth add capital accouilt of ciyil worb relatiai to health (l s g) departmeat j4,0c),ooo 34000,000 eg outlay on iaduluiai opjdcdi - 27,21046s 27,210465 4c 49 cafcital 0utlaj on pons cbandbali) - 100,000 i 100000 s no of sum not eleceeding i - vote servicel and purpolel voted by charged on parjiamedt the codeou-total dated'pudd ri ri ri ,0 c-s:taj outlay on porta ardip) - 8a,08,400 b,08,oo ,i sublidiled indultriaj houi- i ing scheme 5,00,000 '00,000 10 53 capital account of other worb relating to home department - l 3,61,160 3,61,160 is 54 capital outla1 on poreet 13,24,120 13,24,120 " capital ezpenditure relating ; to development (co-operatiou,) department : 18,75,000 1875,000 57 capital rxpenditure relatin,l h to development (veterl-i i •• nary) department 0 0 ~7,62,ooo co 7,62000 , 20 ,a capital account of other worb relati~ the plan-i nidi and ordination i (gram panchayat) depaartment 7~000 co 7,qf,ooo 60 capital account of ciyil worb c 4,12,54>514 2,64400 415,181114 loatu fro" 1/ cifllrgi gofj- i ""''''''''l (r"",,,) ,s3j','?l 453,58671 '0 ' •• : lo,92t2s0 1092,250 'mr~loaru ~o 30 grand jj, total 80,2981657 1 13,s3wf9,s'2 93833823' statement of objects and reasonsthis bill is introduced in pursuance of article 204(1) of the constitution of india, read with the proclamation issued by the president on the 25th february, 1961, in exercise of powers conferred on him by article 356 of the constitution, to provide for the appropriations out of the consolidated fund of the state of orissa of the moneys required to meet the expenditure charged on the consolidated fund and the grants made by the lok sabha for expenditure of the government of orissa for the financial year 1961-62 morarji desai a bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of the state of orissa forthe services of the fitwlcial year 1961-62 the president has, in pursuance of clau!ies (i) and (3) of article '2fy1 of the constitution of india, recommended to lok sabha the:jntroduction and consideration of the bill secretary (shri morani desai, minister of finance) | Parliament_bills | 90df0ebb-5460-55ae-8ec4-213783d7d550 |
the industrial relations code, 2020———— arrangement of clauses———— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii bi-partite forums3 works committee 4 grievance redressal committee chapter iii trade unions5 registrar of trade unions 6 criteria for registration 7 provisions to be contained in constitution or rules of trade union 8 application for registration, alteration of name and procedure thereof 9 registration of trade union and cancellation thereof10 appeal against non-registration or cancellation of registration 11 communication to trade union and change in its registration particulars 12 incorporation of a registered trade union 13 certain acts not to apply to registered trade unions 14 recognition of negotiating union or negotiating council 15 objects of general fund, composition of separate fund and membership fee of trade union16 immunity from civil suit in certain cases 17 criminal conspiracy in furtherance of objects of trade union 18 enforceability of agreements 19 right to inspect books of trade union 20 rights of minor to membership of trade union 21 disqualification of office-bearers of trade unions 22 adjudication of disputes of trade unions 23 proportion of office-bearers to be connected with industry24 change of name, amalgamation, notice of change and its effect 25 dissolution 26 annual returns 27 recognition of trade unions at central and state level chapter iv standing orders clauses28 application of this chapter 29 making of model standing orders by central government and temporary application 30 preparation of draft standing orders by employer and procedure for certification 31 certifying officers and appellate authority to have powers of civil court 32 appeals 33 date of operation of standing orders and its availability 34 register of standing orders 35 duration and modification of standing orders 36 oral evidence in contradiction of standing orders not admissible 37 interpretation, etc, of standing orders 38 time limit for completing disciplinary proceedings and liability to pay subsistenceallowance39 power to exempt chapter v notice of change40 notice of change 41 power of appropriate government to exempt chapter vi voluntary reference of disputes to arbitration42 voluntary reference of disputes to arbitration chapter vii mechanism for resolution of industrial disputes43 conciliation officers 44 industrial tribunal 45 finality of constitution of tribunal 46 national industrial tribunal 47 decision of tribunal or national industrial tribunal 48 disqualifications for members of tribunal and national industrial tribunal 49 procedure and powers of arbitrator, conciliation officer, tribunal and national industrial tribunal50 powers of tribunal and national industrial tribunal to give appropriate relief in case ofdischarge or dismissal of worker51 transfer of pending cases 52 adjustment of services of presiding officers under repealed act 53 conciliation and adjudication of dispute 54 reference to and functions of national industrial tribunal 55 form of award, its communication and commencement 56 payment of full wages to worker pending proceedings in higher courts 57 persons on whom settlements and awards are binding clauses58 period of operation of settlements and awards 59 recovery of money due from employer 60 commencement and conclusion of proceedings 61 certain matters to be kept confidential chapter viii strikes and lock-outs62 prohibition of strikes and lock-outs 63 illegal strikes and lock-outs 64 prohibition of financial aid to illegal strikes or lock-outs chapter ix lay-off, retrenchment and closure65 application of sections 67 to 69 66 definition of continuous service 67 rights of workers laid-off for compensation, etc 68 duty of an employer to maintain muster rolls of workers 69 workers not entitled for compensation in certain cases 70 conditions precedent to retrenchment of workers 71 procedure for retrenchment 72 re-employment of retrenched worker 73 compensation to workers in case of transfer of establishment 74 sixty days' notice to be given of intention to close down any undertaking 75 compensation to workers in case of closing down of undertakings 76 effect of laws inconsistent with this chapter chapter x special provisions relating to lay-off, retrenchment and closure in certain establishments77 application of this chapter 78 prohibition of lay-off 79 conditions precedent to retrenchment of workers to which chapter x applies 80 procedure for closing down an industrial establishment 81 duty of an employer to maintain muster rolls of workers 82 certain provisions of chapter ix to apply to industrial establishment to which thischapter applies chapter xi worker re-skilling fund83 worker re-skilling fund chapter xii unfair labour practices84 prohibition of unfair labour practice chapter xiii offences and penalties clauses85 power of officers of appropriate government to impose penalty in certain cases 86 penalties 87 cognizance of offences 88 offences by companies 89 composition of offences chapter xiv miscellaneous90 conditions of service, etc, to remain unchanged under certain circumstances duringpendency of proceedings91 special provision for adjudication as to whether conditions of service, etc, changedduring pendency of proceedings92 power to transfer certain proceedings 93 protection of persons 94 representation of parties 95 removal of doubts in interpretation of award or settlement96 power to exempt 97 jurisdiction of civil courts barred 98 protection of action taken in good faith 99 power of appropriate government to make rules100 delegation of powers 101 power to amend schedules 102 amendment of act 7 of 2017 103 power to remove difficulties 104 repeal and savingsthe first schedule the second schedule the third schedule bill no 120 of 2020 the industrial relations code, 2020 a billto consolidate and amend the laws relating to trade unions, conditions of employment in industrial establishment or undertaking, investigation and settlement of industrial disputes and for matters connected therewith or incidental thereto be it enacted by parliament in the seventy-first year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the industrial relations code, 2020 (2) it shall extend to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette appoint; and different dates may be appointed for different provisions of this code and any reference in any such provision to the commencement of this code shall be construed as a reference to the coming into force of that provision10definitions2 in this code, unless the context otherwise requires,—(a) "appellate authority" means an authority appointed by the appropriate government to exercise such functions in such area as may be specified by that government by notification in the official gazette;(b) "appropriate government" means,—510 15(i) in relation to any industrial establishment or undertaking carried on by or under the authority of the central government or concerning any such controlled industry as may be specified in this behalf by the central government or the establishment of railways including metro railways, mines, oil fields, major ports, air transport service, telecommunication, banking and insurance company or a corporation or other authority established by a central act or a central public sector undertaking, subsidiary companies set up by the principal undertakings or autonomous bodies owned or controlled by the central government including establishments of the contractors for the purposes of such establishment, corporation, other authority, public sector undertakings or any company in which not less than fifty-one per cent of the paid-up share capital is held by the central government, as the case may be, the central government20explanation—for the purposes of this clause, the central government shall continue to be the appropriate government for central public sector undertakings even if the holding of the central government reduces to less than fifty per cent equity in that public sector undertaking after the commencement of this code;25(ii) in relation to any other industrial establishment, including state public sector undertakings, subsidiary companies set up by the principal undertaking and autonomous bodies owned or controlled by the state government, the state government:30provided that in case of a dispute between a contractor and the contract labour employed through the contractor in any industrial establishment where such dispute first arose, the appropriate government shall be the central government or the state government, as the case may be, which has control over such industrial establishment; (c) "arbitrator" includes an umpire;(d) "average pay" means the average of the wages payable to a worker,—35(i) in the case of monthly paid worker, in three complete calendar months; (ii) in the case of weekly paid worker, in four complete weeks; (iii) in the case of daily paid worker, in twelve full working days,40preceding the date on which the average pay becomes payable, if the worker had worked for three complete calendar months or four complete weeks or twelve full working days, as the case may be, and where such calculation cannot be made, the average pay shall be calculated as the average of the wages payable to a worker during the period he actually worked;45(e) "award" means an interim or a final determination of any industrial dispute or of any question relating thereto by any industrial tribunal referred to in section 44 or national industrial tribunal referred to in section 46 and includes an arbitration award made under section 42;(f) "banking company" means a banking company as defined in section 5 of the banking regulation act, 1949 and includes the export-import bank of india, the industrial reconstruction bank of india, the small industries development bank of39 of 19895india established under section 3 of the small industries development bank of india act, 1989, the reserve bank of india, the state bank of india, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980;5 of 1970 40 of 1980(g) "certifying officer" means any officer appointed by the appropriate government, by notification, to perform the functions of a certifying officer under the provisions of chapter iv;10(h) "closure" means the permanent closing down of a place of employment orpart thereof;(i) "conciliation officer" means a conciliation officer appointed under section 43;(j) "conciliation proceeding" means any proceeding held by a conciliation officer under this code;15(k) "controlled industry" means any industry the control of which by the unionhas been declared by any central act to be expedient in the public interest;52 of 196120(l) "employee" means any person (other than an apprentice engaged under the apprentices act, 1961) employed by an industrial establishment to do any skilled, semi-skilled or unskilled, manual, operational, supervisory, managerial, administrative, technical or clerical work for hire or reward, whether the terms of employment be express or implied, and also includes a person declared to be an employee by the appropriate government, but does not include any member of the armed forces of the union;2530(m) "employer" means a person who employs, whether directly or through any person, or on his behalf or on behalf of any person, one or more employee or worker in his establishment and where the establishment is carried on by any department of the central government or the state government, the authority specified by the head of the department in this behalf or where no authority is so specified, the head of the department, and in relation to an establishment carried on by a local authority, the chief executive of that authority, and includes,—63 of 1948(i) in relation to an establishment which is a factory, the occupier of thefactory as defined in clause (n) of section 2 of the factories act, 1948 and,where a person has been named as a manager of the factory under clause (f) ofsub-section (1) of section 7 of the said act, the person so named;35(ii) in relation to any other establishment, the person who, or the authoritywhich has ultimate control over the affairs of the establishment and where the said affairs are entrusted to a manager or managing director, such manager or managing director;(iii) contractor; and (iv) legal representative of a deceased employer;40(n) "executive", in relation to a trade union, means the body by whatever name called, to which the management of the affairs of a trade union is entrusted;(o) "fixed term employment" means the engagement of a worker on the basis of a written contract of employment for a fixed period:45provided that—(a) his hours of work, wages, allowances and other benefits shall not be less than that of a permanent worker doing the same work or work of similar nature;(b) he shall be eligible for all statutory benefits available to a permanent worker proportionately according to the period of service rendered by him even if his period of employment does not extend to the qualifying period of employment required in the statute; and5(c) he shall be eligible for gratuity if he renders service under the contract for a period of one year;10(p) "industry" means any systematic activity carried on by co-operation between an employer and worker (whether such worker is employed by such employer directly or by or through any agency, including a contractor) for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,—(i) any capital has been invested for the purpose of carrying on such activity; or(ii) such activity is carried on with a motive to make any gain or profit,15but does not include—(i) institutions owned or managed by organisations wholly or substantially engaged in any charitable, social or philanthropic service; or20(ii) any activity of the appropriate government relatable to the sovereign functions of the appropriate government including all the activities carried on by the departments of the central government dealing with defence research, atomic energy and space; or(iii) any domestic service; or (iv) any other activity as may be notified by the central government;25(q) "industrial dispute" means any dispute or difference between employers and employers or between employers and workers or between workers and workers which is connected with the employment or non-employment or the terms of employment or with the conditions of labour, of any person and includes any dispute or difference between an individual worker and an employer connected with, or arising out of discharge, dismissal, retrenchment or termination of such worker;30(r) "industrial establishment or undertaking" means an establishment or undertaking in which any industry is carried on:35provided that where several activities are carried on in an establishment or undertaking and only one or some of such activities is or are an industry or industries, then,—(i) if any unit of such establishment or undertaking carrying on any activity, being an industry, is severable from the other unit or units of such establishment or undertaking which is not carrying on or aiding the carrying on of any such activity, such unit shall be deemed to be a separate industrial establishment or undertaking;40 45(ii) if the predominant activity or each of the predominant activities carried on in such establishment or undertaking or any unit thereof is an industry and the other activity or each of the other activities carried on in such establishment or undertaking or unit thereof is not severable from and is, for the purpose of carrying on, or aiding the carrying on of, such predominant activity or activities, the entire establishment or undertaking or, as the case may be, unit thereof shall be deemed to be an industrial establishment or undertaking;(s) "insurance company" means a company as defined in section 2 of the insurance act, 1938;4 of 19385(t) "lay-off" (with its grammatical variations and cognate expressions) meansthe failure, refusal or inability of an employer on account of shortage of coal, power or raw materials or the accumulation of stocks or the break-down of machinery or natural calamity or for any other connected reason, to give employment to a worker whose name is borne on the muster rolls of his industrial establishment and who has not been retrenched10explanation—every worker whose name is borne on the muster rolls of theindustrial establishment and who presents himself for work at the establishment at the time appointed for the purpose during normal working hours on any day and is not given employment by the employer within two hours of his so presenting himself shall be deemed to have been laid-off for that day within the meaning of this clause:15provided that if the worker, instead of being given employment at thecommencement of any shift for any day is asked to present himself for the purpose during the second half of the shift for the day and is given employment then, he shall be deemed to have been laid-off only for one-half of that day:20provided further that if he is not given any such employment even after sopresenting himself, he shall not be deemed to have been laid-off for the second half of the shift for the day and shall be entitled to full basic wages and dearness allowance for that part of the day;(u) "lock-out" means the temporary closing of a place of employment, or the suspension of work, or the refusal by an employer to continue to employ any number of persons employed by him;2515 of 1908(v) "major port" means a major port as defined in clause (8) of section 3 of theindian ports act, 1908;60 of 2002(w) "metro railway" means the metro railway as defined in sub-clause (i) of clause (1) of section 2 of the metro railways (operation and maintenance) act, 2002;3035 of 1952(x) "mine" means a mine as defined in clause (j) of sub-section (1) of section 2of the mines act, 1952;(y) "national industrial tribunal" means a national industrial tribunalconstituted under section 46;35(z) "negotiating union or negotiating council" means the negotiating union ornegotiating council referred to in section 14;(za) "notification" means a notification published in the official gazette of india or the official gazette of a state, as the case may be, and the expression "notify" with its grammatical variation and cognate expressions shall be construed accordingly;40(zb) "office-bearer", in relation to a trade union, includes any member of the executive thereof, but does not include an auditor;(zc) "prescribed" means prescribed by rules made under this code;24 of 1989(zd) "railway" means the railway as defined in clause (31) of section 2 of the railways act, 1989;45(ze) "registered office" means that office of a trade union which is registered under this code as the head office thereof;(zf) "registered trade union" means a trade union registered under this code; (zg) "registrar" means a registrar of trade unions appointed by the state government under section 5;(zh) "retrenchment" means the termination by the employer of the service of a worker for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not include—(i) voluntary retirement of the worker; or (ii) retirement of the worker on reaching the age of superannuation; or5(iii) termination of the service of the worker as a result of the non-renewal of the contract of employment between the employer and the worker concerned on its expiry or of such contract being terminated under a stipulation in that behalf contained therein; or10(iv) termination of service of the worker as a result of completion of tenure of fixed term employment; or(v) termination of the service of a worker on the ground of continued ill-health;15(zi) "settlement" means a settlement arrived at in the course of conciliation proceeding and includes a written agreement between the employer and worker arrived at otherwise than in the course of conciliation proceeding where such agreement has been signed by the parties thereto in such manner as may be prescribed and a copy thereof has been sent to an officer authorised in this behalf by the appropriate government and to the conciliation officer;20(zj) "standing orders" means orders relating to matters set-out in the first schedule;25(zk) "strike" means a cessation of work by a body of persons employed in any industry acting in combination, or a concerted refusal, or a refusal, under a common understanding, of any number of persons who are or have been so employed to continue to work or to accept employment and includes the concerted casual leave on a given day by fifty per cent or more workers employed in an industry;30(zl) "trade union" means any combination, whether temporary or permanent, formed primarily for the purpose of regulating the relations between workers and employers or between workers and workers, or between employers and employers, or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions:provided that the provisions of chapter iii of this code shall not affect—(i) any agreement between partners as to their own business; or35(ii) any agreement between an employer and those employed by him as to such employment; or(iii) any agreement in consideration of the sale of the goodwill of a business or of instruction in any profession, trade or handicraft;40(zm) "trade union dispute" means any dispute relating to trade union arising between two or more trade unions or between the members of a trade union inter se;(zn) "tribunal" means an industrial tribunal constituted under section 44; (zo) "unfair labour practice" means any of the practices specified in the second schedule;(zp) "unorganised sector" shall have the same meaning as assigned to it in clause (l) of section 2 of the unorganised workers' social security act, 2008;(zq) "wages" means all remuneration, whether by way of salary, allowances or otherwise, expressed in terms of money or capable of being so expressed which would, if the terms of employment, express or implied, were fulfilled, be payable to a person employed in respect of his employment or of work done in such employment, and includes,—(i) basic pay; (ii) dearness allowance;5(iii) retaining allowance, if any,but does not include—(a) any bonus payable under any law for the time being in force, whichdoes not form part of the remuneration payable under the terms of employment;10(b) the value of any house-accommodation, or of the supply of light,water, medical attendance or other amenity or of any service excluded from the computation of wages by a general or special order of the appropriate government;15(c) any contribution paid by the employer to any pension or providentfund, and the interest which may have accrued thereon;(d) any conveyance allowance or the value of any travelling concession; (e) any sum paid to the employed person to defray special expensesentailed on him by the nature of his employment;(f) house rent allowance;20(g) remuneration payable under any award or settlement between theparties or order of a court or tribunal;(h) any overtime allowance; (i) any commission payable to the employee; (j) any gratuity payable on the termination of employment; or25(k) any retrenchment compensation or other retirement benefit payableto the employee or any ex-gratia payment made to him on the termination of employment:30provided that, for calculating the wage under this clause, if any payments made by the employer to the employee under sub-clauses (a) to (i) exceeds one half, or such other per cent as may be notified by the central government, of all remuneration calculated under this clause, the amount which exceeds such one-half, or the per cent so notified, shall be deemed as remuneration and shall be accordingly added in wages under this clause:35provided further that for the purpose of equal wages to all genders and for the purpose of payment of wages the emoluments specified in sub-clauses (d), (f), (g)and (h) shall be taken for computation of wage40explanation—where an employee is given in lieu of the whole or part of the wages payable to him, any remuneration in kind by his employer, the value of such remuneration in kind which does not exceed fifteen per cent of the total wages payable to him, shall be deemed to form part of the wages of such employee;52 of 196145(zr) "worker" means any person (except an apprentice as defined under clause (aa) of section 2 of the apprentices act, 1961) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and includes working journalists as defined in clause (f) of section 2 of the working journalists and other newspaper employees (conditions of service) and miscellaneous45 of 1955 11 of 1976 5provisions act, 1955 and sales promotion employees as defined in clause (d) of section 2 of the sales promotion employees (conditions of service) act, 1976, and for the purposes of any proceeding under this code in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched or otherwise terminated in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person—| ( | i | ) who is subject to the air force act, 1950, or the army act, 1950, or the ||--------------------|-----|------------------------------------------------------------------------------|| navy act, 1957; or | | || 45 of 1950 | | || 46 of 1950 | | || 62 of 1957 | | || 10 | | || ( | ii | ) who is employed in the police service or as an officer or other employee || of a prison; or | | |(iii) who is employed mainly in a managerial or administrative capacity; or15(iv) who is employed in a supervisory capacity drawing wage of exceeding eighteen thousand rupees per month or an amount as may be notified by the central government from time to time:provided that for the purposes of chapter iii, "worker" —(a) means all persons employed in trade or industry; and2033 of 2008(b) includes the worker as defined in clause (m) of section 2 of the unorganised workers' social security act, 2008 chapter ii bi-partite forumsworks committee253 (1) in the case of any industrial establishment in which one hundred or more workers are employed or have been employed on any day in the preceding twelve months, the appropriate government may by general or special order require the employer to constitute a works committee, in such manner as may be prescribed, consisting of representatives of employer and workers engaged in the establishment:provided that the number of representatives of workers in such committee shall not be less than the number of representatives of the employer30(2) the representatives of the workers shall be chosen, in such manner as may be prescribed, from among the workers engaged in the establishment and in consultation with their trade union, if any, registered in accordance with the provisions of section 935(3) it shall be the duty of the works committee to promote measures for securing and preserving amity and good relations between the employer and workers and, to that end, to comment upon matters of their common interest or concern and endeavour to compose any material difference of opinion in respect of such matters4 (1) every industrial establishment employing twenty or more workers shall have one or more grievance redressal committees for resolution of disputes arising out of individual grievances40(2) the grievance redressal committee shall consist of equal number of members representing the employer and the workers to be chosen in such manner as may be prescribed(3) the chairperson of the grievance redressal committee shall be selected from among persons representing the employer and the workers alternatively on rotational basis every year45(4) the total number of members of the grievance redressal committee shall not exceed ten:provided that there shall be adequate representation of women workers in the grievance redressal committee and such representation shall not be less than the proportion of women workers to the total workers employed in the industrial establishment5(5) an application in respect of any dispute referred to in sub-section (1) may be filed before the grievance redressal committee by any aggrieved worker in such manner as may be prescribed within one year from the date on which the cause of action of such dispute arises(6) the grievance redressal committee may complete its proceedings within thirty days of receipt of the application under sub-section (5)10(7) the decision of the grievance redressal committee on any application filedunder sub-section (5) shall be made on the basis of majority view of the committee, provided more than half of the members representing the workers have agreed to such decision, otherwise it shall be deemed that no decision could be arrived at by the committee15 20(8) the worker who is aggrieved by the decision of the grievance redressal committee or whose grievance is not resolved in the said committee within the period specified in sub-section (6), may, within a period of sixty days from the date of the decision of the grievance redressal committee or from the date on which the period specified in sub-section (6) expires, as the case may be, file an application for the conciliation of such grievance to the conciliation officer through the trade union, of which he is a member, in such manner as may be prescribed25(9) where any employer discharges, dismisses, retrenches, or otherwise terminates the services of an individual worker, any dispute or difference between that worker and his employer connected with, or arising out of, such discharge, dismissal, retrenchment or termination shall be deemed to be an industrial dispute notwithstanding that no other worker nor any trade union is a party to the dispute30(10) notwithstanding anything contained in this section or section 53, any worker as is specified in sub-section (5) may, make an application directly to the tribunal for adjudication of the dispute referred to therein after the expiry of forty-five days from the date he has made the application to the conciliation officer of the appropriate government for conciliation of the dispute, and on receipt of such application the tribunal shall have powers and jurisdiction to adjudicate upon the dispute, as the tribunal has in respect of the application filed under sub-section (6) of section 5335(11) the application referred to in sub-section (10) shall be made to the tribunal before the expiry of two years from the date of discharge, dismissal, retrenchment or otherwise termination of service as specified in sub-section (9) chapter iii trade unionsregistrar of trade unions405 (1) the state government may, by notification, appoint a person to be the registrar of trade unions, and other persons as additional registrar of trade unions, joint registrar of trade unions and deputy registrar of trade unions, who shall exercise such powers and perform such duties of the registrar as the state government may, by notification, specify from time to time45(2) subject to the provisions of any order made by the state government, where an additional registrar of trade unions or a joint registrar of trade unions or a deputy registrar of trade unions exercises the powers and performs the duties of the registrar in an area within which the registered office of a trade union is situated, such additional registrar of trade unions or a joint registrar of trade unions or a deputy registrar of trade unions, as the case may be, shall be deemed to be the registrar in relation to that trade union for the purposes of this codecriteria for registration6 (1) any seven or more members of a trade union may, by subscribing their names to the rules of the trade union and by otherwise complying with the provisions of this code with respect to registration, apply for registration of the trade union under this code5(2) no trade union of workers shall be registered unless at least ten per cent of the workers or one hundred workers, whichever is less, engaged or employed in the industrial establishment or industry with which it is connected are the members of such trade union on the date of making of application for registration10(3) where an application has been made under sub-section (1) for registration of a trade union, such application shall not be deemed to have become invalid merely by reason of the fact that, at any time after the date of the application but before the registration of the trade union, some of the applicants, but not exceeding half of the total number of persons who made the application, have ceased to be members of the trade union or have given notice in writing to the registrar dissociating themselves from the application15(4) a registered trade union of workers shall at all times continue to have not less than ten per cent of the workers or one hundred workers, whichever is less, subject to a minimum of seven, engaged or employed in an industrial establishment or industry with which it is connected, as its members207 a trade union shall not be entitled to registration under this code, unless the executive thereof is constituted in accordance with the provisions of this code, and the rules of the trade union provide for the following matters, namely:—provisions to be contained in constitution or rules of trade union(a) the name of the trade union; (b) the whole of the objects for which the trade union has been established;25(c) the whole of the purposes for which the general funds of the trade union shall be applicable, all of which purposes shall be purposes to which such funds are lawfully applicable under this code;(d) the maintenance of a list of members of the trade union and adequate facilities for the inspection thereof by the office-bearers and members of the trade union;30 35(e) the admission of ordinary members (irrespective of their craft or category)who shall be persons actually engaged or employed in the industrial establishment, undertaking or industry, or units, branches or offices of an industrial establishment, as the case may be, with which the trade union is connected, and also the admission of such number of honorary or temporary members, who are not such workers, as are not permitted under section 21 to be office-bearers to form the executive of the trade union;(f) the payment of a subscription by members of the trade union from such members and others, as may be prescribed;40(g) the conditions under which any member shall be entitled to any benefit assured by the rules and under which any fine or forfeiture may be imposed on any member;(h) the annual general body meeting of the members of the trade union, the business to be transacted at such meeting, including the election of office-bearers of the trade union;45(i) the manner in which the members of the executive and the other officebearers of the trade union shall be elected once in a period of every three years and removed, and filling of casual vacancies;(j) the safe custody of the funds of the trade union, an annual audit, in such manner as may be prescribed, of the accounts thereof, and adequate facilities for the inspection of the account books by the office-bearers and members of the trade union;(k) the manner in which the rules shall be amended, varied or rescinded; and (l) the manner in which the trade union may be dissolved58 (1) every application for registration of a trade union shall be made to the registrarelectronically or otherwise and be accompanied by—| ( ||-----------------|| prescribed; || application for || registration, || alteration of || name and || procedure || thereof |10(b) copy of the rules of the trade union together with a copy of the resolution by the members of the trade union adopting such rules;(c) a copy of the resolution adopted by the members of the trade union authorising the applicants to make an application for registration; and15(d) in the case of a trade union, being a federation or a central organisation of trade unions, a copy of the resolution adopted by the members of each of the member trade unions, meeting separately, agreeing to constitute a federation or a central organisation of trade unions20explanation— for the purposes of this clause, resolution adopted by the members of the trade union means, in the case of a trade union, being a federation or a central organisation of trade unions, the resolution adopted by the members of each of the member trade unions, meeting separately (2) where a trade union has been in existence for more than one year before the making of an application for its registration, there shall be delivered to the registrar, together with the application, a general statement of the assets and liabilities of the trade union prepared in such form and containing such particulars, as may be prescribed25(3) the registrar may call for further information for the purpose of satisfying himselfthat the application complies with the provisions of this code and the trade union is entitled for registration under this code, and may refuse to register the trade union until such information is furnished30(4) if the name under which the trade union is proposed to be registered is identical with that of an existing registered trade union or in the opinion of the registrar so nearly resembles the name of an existing trade union that such name is likely to deceive the public or the members of either trade union, the registrar shall require the persons applying for altering the name of the trade union and shall refuse to register the trade union until such alteration has been made35registration of trade union and cancellation thereof9 (1) the registrar shall, on being satisfied that the trade union has complied with all the requirements of the provisions of this chapter in regard to registration, register the trade union by entering in a register, to be maintained in such form as may be prescribed, the particulars relating to the trade union contained in the statement accompanying the application for registration40(2) where the registrar makes an order for registration of a trade union, he shallissue a certificate of registration to the applicant trade union, in such form as may be prescribed, which shall be the conclusive evidence that the trade union has been registered under this code45(3) if the registrar has issued a certificate of registration to a trade union, he shallenter the name and other particulars of the trade union in a register maintained in this behalf in such form as may be prescribed16 of 1926(4) every trade union registered under the trade unions act, 1926 having valid registration immediately before the commencement of this code shall be deemed to have been registered under this code:5provided that such trade union shall file with the registrar a statement that the constitution of the executive of the trade union is in accordance with this code along with the rules of the trade union updated in accordance with section 7, and the registrar shall amend his records accordingly(5) the certificate of registration of a trade union may be withdrawn or cancelled by the registrar, —10(i) on the application of the trade union verified in such manner as may be prescribed; or(ii) on the information received by him regarding the contravention by the trade union of the provisions of this code or the rules made thereunder or its constitution or rules; or15(iii) if he is satisfied that the members in a trade union falls below ten per centof total workers or one hundred workers, whichever is less: provided that not less than sixty days previous notice in writing specifying the grounds on which it is proposed to cancel the certificate of registration of a trade union shall be given by the registrar to the trade union before the certificate of registration is cancelled otherwise than on the application of the trade union20(6) a certificate of registration of a trade union shall be cancelled by the registrar where a tribunal has made an order for cancellation of registration of such trade union25(7) while cancelling the certificate of registration of a trade union, the registrar shall record the reasons for doing so and communicate the same in writing to the trade union concernedappeal against non-registration or cancellation of registration10 (1) any person aggrieved by the refusal of the registrar to grant registration to a trade union under section 9 or by cancellation of a certificate of registration under sub-section (5) of the said section, may within such period as may be prescribed, prefer an appeal to the tribunal:30provided that the tribunal may entertain the appeal after the limitation prescribed for preferring the appeal under this sub-section, if the appellant satisfies the tribunal that such delay has been caused due to sufficient reason or unavoidable circumstances35(2) the tribunal may, after giving the parties concerned an opportunity of being heard, dismiss the appeal or pass an order directing the registrar to register the trade union and to issue a certificate of registration or set aside the order of cancellation of certificate of registration, as the case may be and forward a copy of such order to the registrar11 (1) all communications and notices to a registered trade union shall be sent, in such manner as may be prescribed, to the address of the head office of the trade union as entered in the register maintained by the registrar40communication to trade union and change in its registration particulars(2) the trade union shall inform the registrar if the members of such trade union falls below ten per cent of total workers or one hundred workers, whichever is less45(3) the trade union shall inform the registrar of any change in the particulars given by it in its application for registration and in its constitution or rules, in such manner as may be prescribedincorporation of a registered trade union12 every registered trade union shall be a body corporate by the name under which it is registered, and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued13 the provisions of the following acts, namely: —21 of 1860(a) the societies registration act, 1860;certain acts not to apply to registered trade unions2 of 1912(b) the co-operative societies act, 1912;39 of 2002(c) the multi-state co-operative societies act, 2002;18 of 2013(d) the companies act, 2013; and5(e) any other corresponding law relating to co-operative societies for the timebeing in force in any state,shall not apply to any registered trade union and the registration of any such trade union under any of the aforementioned acts shall be void1014 (1) there shall be a negotiating union or a negotiating council, as the case may be, in an industrial establishment having registered trade union for negotiating with the employer of the industrial establishment, on such matters as may be prescribedrecognition of negotiating union or negotiating council15(2) where only one trade union of workers registered under the provisions of this chapter is functioning in an industrial establishment, then, the employer of such industrial establishment shall, subject to such criteria as may be prescribed, recognise such trade union as sole negotiating union of the workers20(3) if more than one trade union of workers registered under this code are functioning in an industrial establishment, then, the trade union having fifty-one per centor more workers on the muster roll of that industrial establishment, verified in such manner as may be prescribed, supporting that trade union shall be recognised by the employer of the industrial establishment, as the sole negotiating union of the workers2530(4) if more than one trade union of workers registered under this code are functioning in an industrial establishment, and no such trade union has fifty-one per cent or more of workers on the muster roll of that industrial establishment, verified in such manner as may be prescribed, supporting that trade union, then, there shall be constituted by the employer of the industrial establishment, a negotiating council for negotiation on the matters referred to in sub-section (1), consisting of the representatives of such registered trade unions which have the support of not less than twenty per cent of the total workers on the muster roll of that industrial establishment so verified and such representation shall be of one representative for each twenty per cent and for the remainder after calculating the membership on each twenty per cent35(5) where any negotiation on the matters referred to in sub-section (1) is held between an employer and a negotiating council constituted under sub-section (4), consequent upon such negotiation, any agreement is said to be reached, if it is agreed by the majority of the representatives of the trade unions in such negotiating council(6) any recognition made under sub-section (2) or sub-section (3) or the negotiating council constituted under sub-section (4) shall be valid for three years from the date of recognition or constitution or such further period not exceeding five years, in total, as may be mutually decided by the employer and the trade union, as the case may be40(7) the facilities to be provided by industrial establishment to a negotiating union ornegotiating council shall be such as may be prescribed15 (1) the general funds of a registered trade union shall not be spent on any objects other than such objects as may be prescribed45objects of general fund, composition of separate fund and membership fee of trade union(2) a registered trade union may constitute a separate fund, from contributions separately levied for or made to that fund, from which payments may be made, for the promotion of the civic and political interests of its members, in furtherance of such objects as may be prescribed5(3) no member shall be compelled to contribute to the fund constituted under sub-section (2) and a member who does not contribute to the said fund shall not be excluded from any benefits of the trade union, or placed in any respect either directly or indirectly under any disability or at any disadvantage as compared with other members of the trade union (except in relation to the control or management of the said fund) by reason of his not contributing to the said fund; and contribution to the said fund shall not be made a condition for admission to the trade union(4) the subscriptions payable by the members of the trade union shall be such as may be prescribed10immunity from civil suit in certain cases1516 (1) no suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any office-bearer or member thereof in respect of any act done in contemplation or furtherance of an industrial dispute to which a member of the trade union is a party on the ground only that such act induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person or with the right of some other person to dispose of his capital or of his labour as he wills20(2) a registered trade union shall not be liable in any suit or other legal proceeding in any civil court in respect of any tortuous act done in contemplation or furtherance of an industrial dispute by an agent of the trade union if it is proved that such person acted without the knowledge of, or contrary to express instructions given by, the executive of the trade union45 of 1860criminal conspiracy in furtherance of objects of trade union2517 no office-bearer or member of a registered trade union shall be liable to punishment under sub-section (2) of section 120b of the indian penal code in respect of any agreement made between the members for the purpose of furthering any such object of the trade union as is specified in section 15, unless such agreement is an agreement to commit an offenceenforceability of agreements3018 notwithstanding anything contained in any other law for the time being in force,an agreement between the members of a registered trade union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of trade:provided that nothing in this section shall enable any civil court to entertain any legal proceedings instituted for the purpose of enforcing or recovering damages for the breach of any agreement concerning the conditions on which any members of a trade union shall or shall not sell their goods, transact business, work, employ or be employed35right to inspect books of trade union19 the books of account of a registered trade union and the list of members thereofshall be open to inspection by an office-bearer or member of the trade union at such times as may be provided for in the rules of the trade unionrights of minor to membership of trade union4020 any person who has attained the age of fourteen years and is employed in a nonhazardous industry may be a member of a registered trade union subject to any rules of the trade union, and may, subject to as aforesaid enjoy all the rights of a member and execute all instruments and given all acquaintances necessary to be executed or given under the rules21 (1) a person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered trade union, if—disqualification of officebearers of trade unions(i) he has not attained the age of eighteen years;45(ii) he has been convicted by a court in india for any offence involving moralturpitude and sentenced to imprisonment unless a period of five years has elapsed since his release;(iii) the tribunal has directed that he shall be disqualified for being chosen orfor being office-bearer of a trade union for a period specified therein50(2) no member of the council of ministers or a person holding an office of profit (not being an engagement or employment in an establishment or industry with which the trade union is connected) in the union or a state shall be a member of the executive or other office-bearer of a trade union522 (1) where a dispute arises between —adjudication of disputes of trade unions(a) one trade union and another; or (b) one or more workers who are members of the trade union and the tradeunion regarding registration, administration or management or election of officebearers of the trade union; or10(c) one or more workers who are refused admission as members and the tradeunion; or(d) where a dispute is in respect of a trade union which is a federation of trade unions and office-bearer authorised in this behalf by the trade union,15an application may be made in such manner as may be prescribed to the tribunal having jurisdiction over the area where the registered office of the trade union or trade unions is located for adjudication of such disputes(2) no civil court other than the tribunal shall have power to entertain any suit or other proceedings in relation to any dispute referred to in sub-section (1)2023 (1) not less than one-half of the total number of the office-bearers of every registered trade union in an unorganised sector shall be persons actually engaged or employed in an establishment or industry with which the trade union is connected:proportion of office-bearers to be connected with industryprovided that the appropriate government may, by special or general order, declare that the provisions of this section shall not apply to any trade union or class of trade unions specified in the order25explanation—for the purposes of this sub-section, "unorganised sector" meansany sector which the appropriate government may, by notification, specify30(2) save as otherwise provided in sub-section (1), all office-bearers of a registered trade union, except not more than one-third of the total number of the office-bearers or five, whichever is less, shall be persons actually engaged or employed in the establishment or industry with which the trade union is connectedexplanation—for the purposes of this sub-section, an employee who has retired or has been retrenched shall not be construed as outsider for the purpose of holding an office in a trade union3524 (1) any registered trade union may, with the consent of not less than two-thirdof the total number of its members and subject to the provisions of sub-section (3), changeits namechange of name, amalgamation, notice of change and its effect(2) any two or more registered trade unions may be amalgamated in such manneras may be prescribed40(3) notice in writing of every change of name and of every amalgamation signed inthe case of a change of name, by the secretary and by seven members of the trade union changing its name, and in the case of an amalgamation, by the secretary and by seven members of each and every trade union which is a party thereto, shall be sent to the registrar and where the head office of the amalgamated trade union is situated in a different state, to the registrar of such state in such manner as may be prescribed45(4) if the proposed name is identical with that by which any other existing tradeunion has been registered or, in the opinion of the registrar, so nearly resembles such name as to be likely to deceive the public or the members of either trade union, the registrar shall refuse to register the change of name(5) save as provided in sub-section (4), the registrar shall, if he is satisfied that the provisions of this code in respect of change of name have been complied with, register the change of name in the register referred to in sub-section (3) of section 9, and the change of name shall have effect from the date of such registration5(6) the registrar of the state in which the head office of the amalgamated trade union is situated shall, if he is satisfied that the provisions of this code in respect of amalgamation have been complied with and that the trade union formed thereby is entitled to registration under section 9, register the trade union and the amalgamation shall have effect from the date of such registration10(7) the change in the name of a registered trade union shall not affect any rights or obligations of the trade union or render defective any legal proceeding by or against the trade union, and any legal proceeding which might have been continued or commenced by or against it by its former name may be continued or commenced by or against it by its new name15(8) an amalgamation of two or more registered trade unions shall not prejudice any right of any such trade unions or any right of a creditor of any of themdissolution2025 (1) when a registered trade union is dissolved, notice of the dissolution signedby seven members and by the secretary of the trade union shall, within fourteen days of the dissolution, be sent to the registrar, and shall be registered by him if he is satisfied that the dissolution has been effected in accordance with the rules of the trade union, and the dissolution shall have effect from the date of such registration25(2) where the dissolution of a registered trade union has been registered and the rules of the trade union do not provide for the distribution of funds of the trade union on dissolution, the registrar shall divide the funds amongst the members in such manner as may be prescribedannual returns3026 (1) every registered trade union shall—(a) forward annually to the registrar, on or before such date, in such form, audited in such manner and by such person, as may be prescribed, a general statement containing particulars of all receipts and expenditure of such registered trade union during the year ending on the 31st day of december next preceding such prescribed date, and of the assets and liabilities of the trade union existing on such 31st day of december;35(b) along with the general statement referred to in clause (a), forward to theregistrar a statement showing changes of office-bearers made by the trade union during the year to which such general statement refers, together also with a copy of the rules of the trade union corrected up to the date of dispatch thereof to the registrar(2) a copy of every alteration made in the rules of a registered trade union shall be sent to the registrar within fifteen days of the making of the alteration40 45(3) for the purpose of examining the documents referred to in clauses (a) and (b) of sub-section (1), and sub-section (2), the registrar or any officer authorised by him, by general or special order, may at all reasonable times inspect the certificate of registration, account books, registers and other documents, relating to a trade union, at its registered office or may require their production at such place as he may specify in this behalf, but no such place shall be at a distance of more than fifteen kilometres from the registered office of such trade unionrecognition of trade unions at central and state level5027 (1) where the central government is of the opinion that it is necessary or expedient that a trade union or federation of trade unions is to be recognised as central trade union at the central level, it may recognise such trade union or federation of trade unions as central trade union in such manner and for such purpose, as may be prescribed, and if any dispute arises in relation to such recognition, it shall be decided by such authority in such manner as may be prescribed by the central government5(2) where the state government is of the opinion that it is necessary or expedient that a trade union or federation of trade unions is to be recognised as state trade union at the state level, it may recognise such trade union or federation of trade unions as state trade union in such manner and for such purpose, as may be prescribed, and if any dispute arises in relation to such recognition, it shall be decided by such authority in such manner as may be prescribed by the state government chapter iv standing ordersapplication of this chapter1028 (1) the provisions of this chapter shall apply to every industrial establishment wherein three hundred or more than three hundred workers, are employed, or were employed on any day of the preceding twelve months15(2) notwithstanding anything contained in sub-section (1), the provisions of this chapter shall not apply to an industrial establishment in so far as the workers employed therein are persons to whom the fundamental and supplementary rules, civil services (classification, control and appeal) rules, civil services (temporary service) rules, revised leave rules, civil service regulations, civilians in defence service (classification, control and appeal) rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the appropriate government, apply2029 (1) the central government shall make model standing orders relating toconditions of service and other matters incidental thereto or connected therewithmaking of model standing orders by central government and temporary application2530preparation of draft standing orders by employer and procedure for certification35(2) notwithstanding anything contained in sections 30 to 36, for the period commencing on the date on which this section becomes applicable to an industrial establishment and ending with the date on which the standing orders as finally certified under this code come into operation under section 33 in that establishment, the model standing order referred to in sub-section (1) shall be deemed to be adopted in that establishment and the provisions of sub-section (2) of section 33 and section 35 shall apply to such model standing orders as they apply to the standing orders so certified30 (1) the employer shall prepare draft standing orders,within a period of six months from the date of commencement of this code, based on the model standing orders referred to in section 29 in respect of the matters specified in the first schedule and on any other matter considered necessary by him for incorporation of necessary provisions in such standing orders for his industrial establishment or undertaking, considering the nature of activity in his industrial establishment or undertaking, provided such provision is not inconsistent with any of the provision of this code and covers every matters set out in the first schedule40 45(2) the employer shall consult the trade unions or recognised negotiating union or members of the negotiating council relating to the industrial establishment or undertaking, as the case may be, in respect of the draft of the standing order and thereafter forward the draft of the standing order electronically or otherwise to the certifying officer for certification(3) where an employer adopts a model standing order of the central government referred to in section 29 with respect to matters relevant to his industrial establishment or undertaking, then, such model standing order shall be deemed to have been certified under the provisions of this section and employer shall forward the information in this regard to the concerned certifying officer in such manner as may be prescribed:50provided that if the certifying officer has any observation, he may direct such employerto amend the standing order so adopted within such period as may be prescribed(4) the employer shall prepare the draft of the modifications required in the standingorder, if any, in accordance with the provisions of this code and forward electronically or otherwise to the certifying officer for certification of those modifications only within a period of six months from the date, the provisions of this chapter becomes applicable to his industrial establishment(5) on receipt of the drafts referred to in sub-section (1) and sub-section (4), the certifying officer shall issue notice to—(i) the trade union or negotiating union of the industrial establishment or undertaking, or members of the negotiating council; or5(ii) where there is no trade union operating, to such representatives of the workers of the industrial establishment or undertaking chosen in such manner as may be prescribed,10for seeking their comments in the matter and after receipt of their comments give an opportunity of being heard to the negotiating union or negotiating council, or as the case may be, to the trade unions or the representatives of the workers and decide as to whether or not any modification or addition to such draft standing order is necessary to render the draft standing order certifiable, and shall make an order in writing in this regard:provided that the certifying officer shall complete such procedure for certification referred to in sub-sections (4) and (5) in respect of —15(a) the draft standing order so received within a period of sixty days from the date of the receipt of it; and(b) the draft modifications in the standing order so received within a period of sixty days from the date of the receipt of such modifications, failing which such draft standing orders or, as the case may be, the modifications in the standing order shall be deemed to have been certified on the expiry of the said period20(6) the standing orders shall be certifiable under this code, if —(a) provision is made therein for every matter set out in the first schedule which is applicable to the industrial establishment; and(b) such orders are otherwise in conformity with the provisions of this code25(7) it shall be the function of the certifying officer or the appellate authority referred to in section 32 to adjudicate upon the fairness or reasonableness of the provisions of any standing orders keeping in view the provisions of the model standing orders referred to in section 2930(8) the certifying officer shall certify the draft standing orders or the modifications in the standing orders referred to in sub-section (5), and shall within seven days thereafter send copies of the certified standing orders or the modifications in the standing orders, authenticated in such manner as may be prescribed, to the employer and to the negotiating union or negotiating council or the trade union or other representatives of the workers referred to in clause (ii) of sub-section (5)35(9) the draft standing orders under sub-section (1) or draft of the modifications proposed in the standing orders under sub-section (5) shall be accompanied by a statement giving such particulars, as may be prescribed, of the workers employed in the industrial establishment, the trade union to which they belong, and the negotiating union or negotiating council, if any40(10) subject to such conditions as may be prescribed, a group of employers in similar establishments may submit a joint draft of standing orders under this section and for the purposes of proceedings specified in sub-sections (1), (5), (6), (8) and (9), the expressions"employer", "trade union" and "negotiating union or negotiating council" shall respectively include all the employers, trade unions and negotiating unions or negotiating council of such similar establishments, as the case may be45(11) without prejudice to the foregoing provisions of this section, the standing orders relating to an industrial establishment or undertaking existing on the date of commencement of the relevant provisions of this code, shall, in so far as is not inconsistent with the provisions of this code or rules made thereunder, continue and be deemed to be the standing orders certified under sub-section (8) and accordingly the provisions of this chapter shall apply thereon5certifying officer and appellate authority to have powers of civil court2 of 197431 (1) every certifying officer and the appellate authority referred to insection 32 shall have all the powers of a civil court for the purposes of receiving evidence, administering oath, enforcing the attendance of witnesses, and compelling the discovery and production of documents, and shall be deemed to be a civil court within the meaning of sections 345 and 346 of the code of criminal procedure, 197310(2) clerical or arithmetical mistakes in any order passed by a certifying officer, orerrors arising therein from any accidental slip or omission may, at any time, be corrected by that officer or successor in office of such officerappeals15 2032 an employer or trade union or the negotiating union or negotiating council, orwhere there is no negotiating union or negotiating council in an industrial establishment or undertaking any union or such representative body of the workers of the industrial establishment or undertaking, if not satisfied with the order of the certifying officer given under sub-section (5) of section 30, may file an appeal within sixty days of receipt of theorder of the certifying officer to the appellate authority appointed by the appropriate government, by notification, and such authority shall dispose of the appeal in such manner as may be prescribeddate of operation of standing orders and its availability2533 (1) the standing orders or modified standing orders, as the case may be, shall, unless an appeal is preferred under section 32, come into operation on the expiry of thirty days from the date on which authenticated copies thereof are sent under sub-section (8) of section 30, or where an appeal as aforesaid is preferred, on the expiry of seven days from the date on which copies of the order of the appellate authority are sent in such manner as may be prescribed(2) the text of a standing order as finally certified under this code shall be maintained by the employer in such language and in such manner for the information of the concerned workers as may be prescribed30register of standing orders34 a copy of all standing orders as finally certified under this code shall be filedby the certifying officer in a register maintained for the purpose or uploaded in electronic form or such other form as may be prescribed, and the certifying officer shall furnish a copy thereof to any person applying therefor on payment of such fee as may be prescribed35duration and modification of standing orders35 (1) the standing orders certified under sub-section (8) of section 30 shall not,except on an agreement between the employer and the workers, or a negotiating union or a trade union or other representative body of the workers, be liable to modification until the expiry of six months from the date on which the standing orders or the last modifications thereof came into operation40(2) subject to the provisions of sub-section (1), an employer or worker or a tradeunion or other representative body of the workers may apply to the certifying officer to have the standing orders modified in such application as may be prescribed, which shall be accompanied by such copies of the modifications proposed to be made, and where the modifications are proposed to be made by agreement between the employer and the workers or a trade union or other representative body of the workers, a certified copy of that agreement shall be filed alongwith the application45(3) the foregoing provisions of this code shall apply in respect of an application under sub-section (2) as they apply to the certification of the first time standing orders5036 no oral evidence having the effect of adding to or otherwise varying orcontradicting standing order as finally certified under this chapter shall be admitted in any courtoral evidence in contradiction of standing orders not admissibleinterpretation, etc, of standing orders51037 if any question arises as to the application, or interpretation, of the standing orders certified under sub-section (8) of section 30 or the modification made therein by an agreement entered into under sub-section (5) of that section, the employer or any worker or workers concerned or the trade union in relation to the workers employed in the industrial establishment or undertaking, wherein the question has arisen, may apply to the tribunal, within the local limits of whose territorial jurisdiction such establishment or the office, section or branch of the undertaking is situated, to decide the question and such tribunal shall, after giving all the parties concerned a reasonable opportunity of being heard, decide the question and its decision shall be final and binding on the concerned employer and the workers38 (1) where any worker is suspended by the employer pending investigation or inquiry into complaints or charges of misconduct against him, such investigation or inquiry, or where there is an investigation followed by an inquiry, both the investigation and inquiry shall be completed ordinarily within a period of ninety days from the date of suspension15time limit for completing disciplinary proceedings and liability to pay subsistence allowance20(2) the standing orders certified under sub-section (8) of section 30 or modified under section 35 shall provide that where a worker is suspended as referred to in sub-section (1), the employer in relation to an industrial establishment or undertaking shall pay to such worker employed in such industrial establishment or undertaking subsistence allowance at the rates specified in sub-section (3) for the period during which such worker is placed under suspension pending investigation or inquiry into complaints or charges of misconduct against such worker(3) the amount of subsistence allowance payable under sub-section (2) shall be—25(a) at the rate of fifty per cent of the wages which the worker was entitled to immediately preceding the date of such suspension, for the first ninety days of suspension; and(b) at the rate of seventy-five per cent of such wages for the remaining period of suspension, if the delay in the completion of disciplinary proceedings against such worker is not directly attributable to the conduct of such workerpower to exempt3039 the appropriate government may, by notification, exempt, conditionally orunconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of this chapter chapter v notice of changenotice of change3540 no employer, who proposes to effect any change in the conditions of serviceapplicable to any worker in respect of any matter specified in the third schedule, shall effect such change,—(i) without giving to the workers likely to be affected by such change a notice in such manner as may be prescribed of the nature of the change proposed to be effected; or40(ii) within twenty-one days of giving such notice:provided that no notice shall be required for effecting any such change—(a) where the change is effected in pursuance of any settlement or award;45(b) where the workers likely to be affected by the change are persons to whom the fundamental and supplementary rules, civil services (classification, control and appeal) rules, civil services (temporary service) rules, revised leave rules, civil services regulations, civilians in defence services (classification, control and appeal) rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the appropriate government in the official gazette, apply;(c) in case of emergent situation which requires change of shift or shift working, otherwise than in accordance with standing orders, in consultation with grievance redressal committee;5(d) if such change is effected in accordance with the orders of the appropriategovernment or in pursuance of any settlement or awardpower of appropriate government to exempt1041 where the appropriate government is of the opinion that the application of the provisions of section 40 to any class of industrial establishments or to any class of worker employed in any industrial establishment affect the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned and that public interest so requires, the appropriate government may, by notification, direct that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workers employed in any industrial establishment chapter vi15 voluntary reference of disputes to arbitrationvoluntary reference of disputes to arbitration42 (1) where any industrial dispute exists or is apprehended and the employer and the workers agree to refer the dispute to arbitration, they may, by a written agreement, refer the dispute to arbitration, and the reference shall be to such person or persons as an arbitrator or arbitrators as may be specified in the arbitration agreement20(2) where an arbitration agreement provides for a reference of the dispute to an evennumber of arbitrators, the agreement shall provide for the appointment of another person as umpire who shall enter upon the reference, if the arbitrators are equally divided in their opinion, and the award of the umpire shall prevail and shall be deemed to be the arbitration award for the purposes of this code25(3) an arbitration agreement referred to in sub-section (1) shall be in such form andshall be signed by the parties thereto in such manner as may be prescribed(4) a copy of the arbitration agreement shall be forwarded to the appropriate government and the conciliation officer30(5) where an industrial dispute has been referred to arbitration and the appropriategovernment is satisfied that the persons making the reference represent the majority of each party, the appropriate government may issue a notification in such manner as may be prescribed; and when any such notification is issued, the employers and workers who are not parties to the arbitration agreement but are concerned in the dispute, shall be given an opportunity of presenting their case before the arbitrator or arbitrators:35provided that —(i) where such industrial dispute is the industrial dispute other than the termination of individual worker by way of discharge, dismissal, retrenchment or otherwise, the workers shall be represented before the arbitrator,—(a) where there is negotiating union or negotiating council, by the negotiating union or negotiating council, as the case may be; or40(b) where there is no negotiating union or negotiating council, by the trade union; or(c) where there is no trade union, by such representatives of the workers chosen in such manner as may be prescribed;45(ii) where such industrial dispute relates to termination of individual worker by way of discharge, dismissal, retrenchment or otherwise, the concerned workers shall be represented in person or through a representative authorised by him (6) the arbitrator or arbitrators shall investigate the dispute and submit to the appropriate government the arbitration award signed by the arbitrator or all the arbitrators, as the case may be5(7) where an industrial dispute has been referred to arbitration and a notification has been issued under sub-section (5), the appropriate government may, by order, prohibit the continuance of any strike or lock-out in connection with such dispute which may be in existence on the date of the reference26 of 1996(8) nothing in the arbitration and conciliation act, 1996, shall apply to arbitrations under this section10 chapter vii mechanism for resolution of industrial disputesconciliation officers43 (1) the appropriate government may, by notification, appoint such number of persons, as it thinks fit to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes15(2) a conciliation officer may be appointed for a specified area or for specified industries in a specified area or for one or more specified industries and either permanently or for a limited periodindustrial tribunal2019 of 195244 (1) the appropriate government may, by notification, constitute one or more industrial tribunals for the adjudication of industrial disputes and for performing such other functions as may be assigned to them under this code and the tribunal so constituted by the central government shall also exercise the jurisdiction, powers and authority conferred on the tribunal, as defined in clause (m) of section 2 of the employees' provident funds and miscellaneous provisions act, 1952 by or under that act25(2) every industrial tribunal shall consist of two members to be appointed by the appropriate government out of whom one shall be a judicial member and the other, an administrative member(3) a bench of the tribunal shall consist of a judicial member and an administrative member or single judicial member or single administrative member30(4) the qualifications for appointment, method of recruitment, term of office, salaries and allowances, resignation, removal and the other terms of conditions of service of the judicial member and the administrative member of the tribunal constituted by the central government shall be in accordance with the rules made under section 184 of the finance act, 2017:7 of 201735provided that a person who has held a post below the rank of joint secretary to the government of india or an equivalent rank in the central government or a state government, shall not be eligible to be appointed as an administrative member of the tribunal40(5) the term of office of the judicial member and the administrative member of a tribunal constituted by the state government under sub-section (1), their salaries and allowances, resignation, removal and other terms and conditions of service shall be such as may be prescribed by the state government(6) the salary and allowances and the terms and conditions of service of the judicial member or administrative member referred to in sub-section (2) and appointed by a state government shall not be varied to his disadvantage after his appointment45(7) the procedure of the tribunal (including distribution of cases in the benches of the tribunal) shall be such as may be prescribed, provided a bench consisting of a judicial member and an administrative member shall entertain and decide the cases only relating to—(a) the application and interpretation of standing order;(b) discharge or dismissal of workmen including reinstatement of, or grant ofrelief to, workmen dismissed;(c) illegality or otherwise of a strike or lockout; (d) retrenchment of workmen and closure of establishment; and5(e) trade union disputes,and the remaining cases shall be entertained and decided by the bench of the tribunal consisting either a judicial member or an administrative member of the tribunal(8) the judicial member shall preside over the tribunal where the bench of the tribunal consists of one judicial member and one administrative member10(9) if, for any reason, a vacancy (other than a temporary absence) occurs in a nationalindustrial tribunal or a tribunal, then, such vacancy shall be filled up in such manner as may be prescribed, without prejudice to the provisions of sub-section (4), or sub-section (5),as the case may be and the proceeding shall be continued before such national industrial tribunal or tribunal, as the case may be, from the stage at which the vacancy is filled15(10) the appropriate government may provide such number of officers and otherstaff as it thinks fit in consultation with the judicial member of the tribunal which may be required for the due discharge of the functioning of the tribunalfinality of constitution of tribunal2045 no notification of the appropriate government appointing any person as a judicial member or an administrative member of a tribunal shall be called in question in any manner; and no act or proceeding before the tribunal shall be called in question in any manner on the ground mainly of the existence of any vacancy in, or defect in the constitution of such tribunalnational industrial tribunal2546 (1) the central government may, by notification, constitute one or more national industrial tribunals for the adjudication of industrial disputes which, in the opinion of the central government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one state are likely to be interested in, or affected by, such disputes30(2) a national industrial tribunal shall consist of two members to be appointed by the central government out of whom one shall be a judicial member and the other, an administrative member(3) a person shall not be qualified for appointment as the judicial member of a national industrial tribunal unless he is, or has been, a judge of a high court35(4) a person shall not be qualified for appointment as administrative member of a national industrial tribunal unless, he is or has been secretary to the government of india or holding an equivalent rank in the central government or state government, having adequate experience of handling the labour related matters(5) the judicial member shall preside over a national industrial tribunal40(6) the procedure of selection of judicial member and administrative member of the national industrial tribunal, their salaries, allowances and other terms and conditions of service shall be such as may be prescribed(7) the central government may provide such number of officers and other staff as it thinks fit in consultation with the judicial member of the national industrial tribunal which may be required for the due discharge of the functioning of the national industrial tribunal4547 (1) the decision of a tribunal or a national industrial tribunal, as the case may be, shall be by consensus of the membersdecision of tribunal or national industrial tribunal(2) if the members of a tribunal or a national industrial tribunal differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the appropriate government5(3) the appropriate government shall, on receipt of a reference made under sub-section (2), appoint a judicial member of other tribunal or a national industrial tribunal, who shall hear the point or points himself and such point or points shall be decided according to the majority of the members of a tribunal or a national industrial tribunal, as the case may be, who have first heard the case, including the judicial member of the other tribunal who heard the case thereafter1048 no person shall be appointed to, or continue in, the office of the member of a tribunal or national industrial tribunal, respectively, if—(a) he is not an independent person; or disqualifications for members of tribunal and national industrial tribunal15(b) he has attained the age of sixty-five yearsexplanation— for the purposes of this section "independent person" means a person who is unconnected with the industrial dispute referred to a tribunal or national industrial tribunal or with any industry directly affected by such dispute2049 (1) subject to the provisions of this code and the rules that may be made in this behalf, an arbitrator, conciliation officer, tribunal or national industrial tribunal shall follow such procedure as the arbitrator, conciliation officer, tribunal or national industrial tribunal may deem fitprocedure and powers of arbitrator, conciliation officer, tribunal and national industrial tribunal(2) a conciliation officer or an officer authorised in this behalf by the tribunal or national industrial tribunal may, for the purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishment to which the dispute relates255 of 1908(3) the conciliation officer, tribunal and national industrial tribunal shall have the same powers as are vested in a civil court under the code of civil procedure,1908, when trying a suit, in respect of the following matters, namely: —| ( | a | ) enforcing the attendance of any person and examining him on oath; ||-------------|-----|-----------------------------------------------------------------------|| ( | b | ) compelling the production of documents and material objects; || 30 | | || ( | c | ) issuing commissions for the examination of witnesses; || ( | d | ) in respect of such other matters as may be prescribed, || 45 of 1860 | | |and every inquiry or investigation by tribunal or national industrial tribunal, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code355 of 190840(4) a conciliation officer may enforce the attendance of any person for the purpose of examination of such person or call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this code, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, in respect of enforcing the attendance of any person and examining him or of compelling the production of documents45(5) the appropriate government may, if it so thinks fit, appoint one or more persons having special knowledge of the matter under consideration as assessors or experts to advise a tribunal or national industrial tribunal, as the case may be, in respect of any proceeding before either of the said tribunals45 of 1860(6) all conciliation officers and the members of a tribunal or national industrial tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code45(7) subject to any rules made under this code, the costs of, and incidental to, any proceeding before a tribunal or national industrial tribunal shall be in the discretion of5that tribunal or national industrial tribunal and the tribunal or national industrial tribunal, as the case may be, shall have full powers to determine by and to whom and to what extent and subject to what conditions, if any, such costs are to be paid, and to give all necessary directions for the purposes aforesaid and such costs may, on application made to the appropriate government by the person entitled, be recovered by that government in the same manner as an arrear of land revenue2 of 1974(8) every tribunal or national industrial tribunal shall be deemed to be civil court forthe purposes of sections 345, 346, and 348 of the code of criminal procedure, 1973105 of 1908(9) every award made, order issued or settlement arrived at by or before a tribunal ora national industrial tribunal shall be executed in accordance with the procedure laid down for execution of orders and decree of a civil court under order xxi of the code of civil procedure, 1908 and for that purpose such tribunal or national industrial tribunal shall be deemed to be a civil court15 20powers of tribunal and national industrial tribunal to give appropriate relief in case of discharge or dismissal of worker50 (1) where the application under sub-section (6) of section 53 relating to an industrial dispute involving discharge or dismissal or otherwise termination of a worker has been made to a tribunal or has been referred to a national industrial tribunal for adjudication, and, in the course of adjudication proceedings, the tribunal or national industrial tribunal, as the case may be, is satisfied that the order of discharge or dismissal or otherwise termination was not justified, it may, by its award, set aside the order of discharge or dismissal or termination and direct reinstatement of the worker on such terms and conditions, if any, as it thinks fit, or give such other relief to the worker including the award of any lesser punishment in lieu of discharge or dismissal or otherwise termination, as the circumstances of the case may require25(2) a tribunal or national industrial tribunal, as the case may be, may, in the interest of justice, grant such interim relief to the worker referred to in sub-section (1) during the pendency of the industrial dispute as the circumstances of the case may require:provided that in any proceeding under this sub-section the tribunal or national industrial tribunal, as the case may be, shall rely only on the materials on record and shall not take any fresh evidence in relation to the matter30transfer of pending cases51 (1) on and from the date of commencement of this code, the cases pendingimmediately before such commencement—14 of 1947(a) in the labour court and the tribunal constituted under the industrialdisputes act, 1947, shall be transferred to the tribunal having corresponding jurisdiction under this code;14 of 194735(b) in the national tribunal constituted under the industrial disputes act, 1947shall be transferred to the national industrial tribunal having corresponding jurisdiction under this code (2) the cases transferred under sub-section (1) to the tribunal or the nationalindustrial tribunal shall be dealt with de novo or from the stage at which they were pending before such transfer, as it may deem fit4014 of 1947adjustment of services of presiding officers under repealed act4552 a presiding officer of a labour court or tribunal or, as the case may be, nationaltribunal, constituted under the industrial disputes act, 1947, holding office as such immediately before the commencement of this code and is qualified to be appointed under this code , shall be the judicial member of the tribunal or, as the case may be, the judicial member of the national industrial tribunal, and shall continue as such for the remaining period of his office53 (1) where any industrial dispute exists or is apprehended or a notice undersection 62 has been given, the conciliation officer shall, hold conciliation proceedings in such manner as may be prescribed:conciliation and adjudication of dispute50provided that the conciliation officer shall not hold any such proceedings relating tothe industrial dispute after two years from the date on which such industrial dispute arose(2) the conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute5(3) if a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings, the conciliation officer shall send a report thereof to the appropriate government or an officer authorised in this behalf by the appropriate government together with a memorandum of the settlement signed by the parties to the dispute10 15(4) if no such settlement is arrived at, the conciliation officer shall, as soon as practicable, after the close of the investigation, send to the concerned parties and to the appropriate government a full report, in the electronic or other form as may be prescribed, setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at(5) notwithstanding anything contained in sub-section (4), the conciliation officer shall send the report to the concerned parties and the appropriate government within forty-five days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate government:20provided that where a conciliation officer receives notice under section 62, he shall send the report to the concerned parties and to the appropriate government within fourteen days of the commencement of the conciliation proceedings:25provided further that subject to the approval of the conciliation officer, the time may be extended by such period as may be agreed upon in writing by the concerned parties to the dispute(6) any concerned party may make application in the prescribed form to the tribunal in the matters not settled by the conciliation officer under this section within ninety days from the date on which the report under sub-section (4) is received to the concerned party and the tribunal shall decide such application in the prescribed manner3054 (1) the central government may refer an industrial dispute to a national industrial tribunal which in the opinion of such government involves question of national importance or is of such a nature that industrial establishments situated in more than one state are likely to be interested in, or affected by such industrial disputereference to and functions of national industrial tribunal35(2) where an industrial dispute has been referred under sub-section (1) or transferred under section 92 by the central government to a national industrial tribunal for adjudication, it shall hold its proceedings expeditiously and shall, within the period specified in the order referring or transferring such industrial dispute or further period extended by the central government, submit its award to that government4055 (1) the award of—form of award, its communication and commencement(i) a tribunal delivered by a bench consisting of a judicial member and an administrative member or a single judicial member or a single administrative member; or(ii) a national industrial tribunal,45shall be in writing and shall be signed electronically or otherwise, as the case may be, by both the judicial member and the administrative member or either by the judicial member or the administrative member by whom the award is delivered(2) every arbitration award and every award of tribunal or national industrial tribunal shall be communicated to the parties concerned and the appropriate government(3) an award made under this code shall become enforceable on the expiry of thirty days from the date of its communication under sub-section (2):5provided that—(a) if the appropriate government is of the opinion in any case, where the award has been given by a tribunal in relation to an industrial dispute to which it is a party; or10(b) if the central government is of opinion in any case, where the award hasbeen given by a national industrial tribunal,that it will be inexpedient on public grounds affecting national economy or social justice to give effect to the whole or any part of the award, the appropriate government, or as the case may be, the central government may, by notification, declare that the award shall not become enforceable on the expiry of the said period of thirty days15 20(4) where any declaration has been made in relation to an award under the provisoto sub-section (3), the appropriate government or the central government, as the casemay be, may, within ninety days from the date of communication of the award under sub-section (2), make an order rejecting or modifying the award, and shall, on the firstavailable opportunity, lay the award together with a copy of the order before the legislature of the state, if the order has been made by a state government, or before parliament, if the order has been made by the central government25(5) where any award as rejected or modified by an order made under sub-section (4)is laid before the legislature of a state or before parliament, such award shall become enforceable on the expiry of fifteen days from the date on which it is so laid; and where no order under sub-section (4) is made in pursuance of a declaration under the proviso to sub-section (3), the award shall become enforceable on the expiry of the period of ninety days referred to in sub-section (4)30(6) subject to the provisions of sub-section (3) and sub-section (5) regarding the enforceability of an award, the award shall come into operation with effect from such date as may be specified therein, but where no date is so specified, it shall come into operation on the date when the award becomes enforceable under sub-section (3) or sub-section (5), as the case may be35payment of full wages to worker pending proceedings in higher courts56 where in any case, a tribunal or a national industrial tribunal by its awarddirects reinstatement of any worker and the employer prefers any proceedings against such award in a high court or the supreme court, the employer shall be liable to pay such worker, during the period of pendency of such proceedings in the high court or the supreme court, full wages last drawn by him, inclusive of any maintenance allowance admissible to him under any rule if the worker had not been employed in any establishment during such period and an affidavit by such worker had been filed to that effect in such court:40provided that where it is proved to the satisfaction of the high court or the supremecourt that such worker had been employed and had been receiving adequate remuneration during any such period or part thereof, the court shall order that no wages shall be payable under this section for such period or part, as the case may be4557 (1) a settlement arrived at by agreement between the employer and worker otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreementpersons on whom settlements and awards are binding(2) subject to the provisions of sub-section (3), an arbitration award which has become enforceable shall be binding on the parties to the agreement who referred the dispute to arbitration(3) a settlement arrived at in the course of conciliation proceedings under this code or an arbitration or an award of a tribunal or national industrial tribunal which has become enforceable shall be binding on—(a) all parties to the industrial dispute;5(b) all other parties summoned to appear in the proceedings as parties to the dispute, unless the arbitrator, tribunal or national industrial tribunal, as the case may be, records the opinion that they were so summoned without proper cause;(c) where a party referred to in clause (a) or clause (b) is an employer, his heirs, successors or assigns in respect of the establishment to which the dispute relates;10(d) where a party referred to in clause (a) or clause (b) is composed of workers, all persons who were employed in the establishment or part of the establishment, as the case may be, to which the dispute relates on the date of the dispute and all persons who subsequently become employed in that establishment or part1558 (1) a settlement shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the disputeperiod of operation of settlements and awards20(2) such settlement shall be binding for such period as is agreed upon by the parties, and if no such period is agreed upon, for a period of six months from the date on which the memorandum of settlement is signed by the parties to the dispute, and shall continue to be binding on the parties after the expiry of the period aforesaid, until the expiry of sixty days from the date on which a notice in writing of an intention to terminate the settlement is given by one of the parties to the other party or parties to the settlement(3) an award shall, subject to the provisions of this section, remain in operation for a period of one year from the date on which the award becomes enforceable under section 55:25provided that the appropriate government may reduce the said period and fix such period as it thinks fit:30provided further that the appropriate government may, before expiry of the said period, extend the period of operation by any period not exceeding one year at a time as it thinks fit so, however, that the total period of operation of any award does not exceed three years from the date on which it came into operation35(4) where the appropriate government, whether of its own motion or on the application of any party bound by the award, considers that since the award was made, there has been a material change in the circumstances on which it was based, the appropriate government may refer the award or part of it to the tribunal, if the award is made by the tribunal for decision whether the period of operation should not, by reason of such change, be shortened and the decision of the tribunal on such reference shall be final(5) nothing contained in sub-section (3) shall apply to any award which by its nature, terms or other circumstances does not impose, after it has been given effect to, any continuing obligation on the parties bound by the award40(6) notwithstanding the expiry of the period of operation under sub-section (3), the award shall continue to be binding on the parties until a period of sixty days has elapsed from the date on which notice is given by any party bound by the award to the other party or parties intimating its intention to terminate the award45(7) no notice given under sub-section (2) or sub-section (6) shall have effect, unless it is given by a party representing the majority of persons bound by the settlement or award, as the case may berecovery of money due from employer559 (1) where any money is due to a worker from an employer under a settlement or an award or under the provisions of chapter ix or chapter x, the worker himself or any other person authorised by him in writing in this behalf, or, in the case of the death of the worker, his assignee or heirs may, without prejudice to any other mode of recovery, make an application to the appropriate government for the recovery of the money due to him, and if the appropriate government 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:10provided that every such application shall be made within one year from the date on which the money became due to the worker from the employer:provided further that any such application may be entertained 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 period15(2) where any worker is entitled to receive from the employer any money or any benefit which is capable of being computed in terms of money and if any question arises as to the amount of money due or as to the amount at which such benefit should be computed, then the question may, subject to any rules that may be made under this code, be decided by such tribunal as may be specified in this behalf by the appropriate government within a period not exceeding three months:20provided that where the tribunal considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further period as it may think fit25(3) for the purposes of computing the money value of a benefit referred to in sub-section (2), the tribunal may, if it so thinks fit, appoint a commissioner who shall, after taking such evidence as may be necessary, submit a report to the tribunal and the tribunal shall determine the amount after considering the report of the commissioner and other circumstances of the case30(4) the decision of the tribunal shall be forwarded by it to the appropriate government and any amount found due by the tribunal may be recovered in the manner provided for in sub-section (1)(5) where workers employed under the same employer are entitled to receive from him any money or any benefit capable of being computed in terms of money, then, subject to such rules as may be made in this behalf, a single application for the recovery of the amount due may be made on behalf of or in respect of any number of such workers3560 (1) a conciliation proceeding shall be deemed to have commenced on the date onwhich the first meeting is held by the conciliation officer in an industrial dispute after the receipt of the notice of strike or lock-out by the conciliation officercommencement and conclusion of proceedings(2) a conciliation proceeding shall be deemed to have concluded—40(a) where a settlement is arrived at, when a memorandum of the settlement is signed by the parties to the dispute;(b) where no settlement is arrived at, and failure of conciliation is recorded by the conciliation officer; or(c) when a reference is made to a national industrial tribunal, under this code, during the pendency of conciliation proceedings45(3) proceedings before an arbitrator or a tribunal or a national industrial tribunalunder this code shall be deemed to have commenced on the date of filing application or appeal or on the date of reference of the dispute for arbitration or adjudication, as the case may be, and such proceedings shall be deemed to have concluded on the date on which the award becomes enforceablecertain matters to be kept confidential5 1061 there shall not be included in any report or award under this code, any information obtained by a conciliation officer, arbitrator, tribunal or national industrial tribunal, in the course of any investigation or inquiry as to a trade union or as to any individual business (whether carried on by a person, firm or company) which is not available otherwise than through the evidence given before such conciliation officer, arbitrator, tribunal, or national industrial tribunal, if the trade union, person, firm or company, in question has made a request in writing to the conciliation officer, arbitrator, tribunal or national industrial tribunal, as the case may be, that such information shall be treated as confidential; nor shall such conciliation officer, or the arbitrator, or the presiding officer of a tribunal or a national industrial tribunal or any person present at or concerned in the proceedings disclose any such information without the consent in writing of the secretary of the trade union or the person, firm or company in question, as the case may be:provided that nothing contained in this section shall apply to a disclosure of any such information for the purposes of a prosecution under section 193 of the indian penal code chapter viii strikes and lock-outs62 (1) no person employed in an industrial establishment shall go on strike, in breach of contract—prohibition of strikes and lock-outs20(a) without giving to the employer notice of strike, as hereinafter provided, within sixty days before striking; or(b) within fourteen days of giving such notice; or (c) before the expiry of the date of strike specified in any such notice; or25(d) during the pendency of any conciliation proceedings before a conciliationofficer and seven days after the conclusion of such proceedings; or(e) during the pendency of proceedings before a tribunal or a national industrial tribunal and sixty days, after the conclusion of such proceedings; or30(f) during the pendency of arbitration proceedings before an arbitrator and sixty days after the conclusion of such proceedings, where a notification has been issued under sub-section (5) of section 42; or(g) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award (2) no employer of an industrial establishment shall lock-out any of his workers—35(a) without giving them notice of lock-out as hereinafter provided, within sixtydays before locking-out; or(b) within fourteen days of giving such notice; or (c) before the expiry of the date of lock-out specified in any such notice as aforesaid; or40(d) during the pendency of any conciliation proceedings before a conciliation officer and seven days after the conclusion of such proceedings; or(e) during the pendency of proceedings before a tribunal or a national industrial tribunal and sixty days, after the conclusion of such proceedings; or45(f) during the pendency of arbitration proceedings before an arbitrator and sixty days after the conclusion of such proceedings, where a notification has been issued under sub-section (5) of section 42; or(g) during any period in which a settlement or award is in operation, in respect of any of the matters covered by the settlement or award5(3) the notice of strike or lock-out under this section shall not be necessary where there is already in existence a strike or, as the case may be, lock-out, but the employer shall send intimation of such lock-out or strike on the day on which it is declared, to such authority as may be specified by the appropriate government either generally or for a particular area or for a particular class of services(4) the notice of strike referred to in sub-section (1) shall be given by such number of persons to such person or persons and in such manner, as may be prescribed10(5) the notice of lock-out referred to in sub-section (2) shall be given in such manner as may be prescribed15(6) if on any day an employer receives from any person employed by him any such notices as are referred to in sub-section (1) or gives to any person employed by him any such notices as are referred to in sub-section (2), he shall within five days thereof report to the appropriate government or to such authority as that government may prescribe and to the conciliation officer, the number of such notices received or given on that day63 (1) a strike or lock-out shall be illegal, if it is —illegal strikes and lock-outs(i) commenced or declared in contravention of section 62; or (ii) continued in contravention of an order made under sub-section (7) of section 4220 25(2) where a strike or lock-out in pursuance of an industrial dispute has alreadycommenced and is in existence at the time of the filing of the application relating to such industrial dispute in the tribunal or of the reference of such industrial dispute to an arbitrator or a national industrial tribunal, the continuance of such strike or lock-out shall not be deemed to be illegal, provided that such strike or lock-out was not at its commencement in contravention of the provisions of this code or the continuance thereof was not prohibited under sub-section (7) of section 42(3) a lock-out declared in consequence of an illegal strike or a strike declared in consequence of an illegal lock-out shall not be deemed to be illegal3064 no person shall knowingly spend or apply any money in direct furtherance or support of any illegal strike or lock-outprohibition of financial aid to illegal strikes or lock-outs chapter ix lay-off, retrenchment and closure65 (1) sections 67 to 69 (both inclusive) shall not apply to industrial establishments to which chapter x applies; or application of sections 67 to 6935(a) to industrial establishments in which less than fifty workers on an average per working day have been employed in the preceding calendar month; or(b) to industrial establishments which are of a seasonal character or in which work is performed intermittently40(2) if a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate government thereon shall be finalexplanation— in this section and in sections 67, 68 and 69, industrial establishment shall mean a—63 of 1948(i) factory as defined in clause (m) of section 2 of the factories act, 1948; or35 of 1952(ii) mine as defined in clause (j) of sub-section (1) of section 2 of the mines act, 1952; or69 of 1951(iii) plantation as defined in clause (f) of section 2 of the plantations labour act, 19515definition of continuous service66 in this chapter, continuous service in relation to a worker, means the uninterrupted service of such worker, including his service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal or a lock-out or a cessation of work which is not due to any fault on the part of the worker10explanation 1—for the purposes of this section, where a worker is not in continuous service for a period of one year or six months, he shall be deemed to be in continuous service under an employer—(a) for a period of one year, if the worker during a period of twelve months preceding the date with reference to which calculation is to be made has actually worked under the employer for not less than—15(i) one hundred and ninety days in the case of a worker employed below ground in a mine; and(ii) two hundred and forty days, in any other case;20(b) for a period of six months, if the worker during a period of six months preceding the date with reference to which calculation is to be made has actually worked under the employer for not less than—(i) ninety-five days in the case of worker employed below ground in a mine; and(ii) one hundred and twenty days, in any other case25explanation 2—for the purposes of explanation 1, the number of days on which a worker has actually worked under an employer shall include the days on which—(i) he has been laid-off under an agreement or as permitted by or under this code or any other law applicable to the industrial establishment for the time being in force; or(ii) he has been on leave on full wages earned in the previous years; or30(iii) he has been absent due to temporary disablement caused by accident arising out of and in the course of his employment; or53 of 1961(iv) in the case of a female, she has been on maternity leave, so however, that the total period of such maternity leave does not exceed the period as specified in the maternity benefit act, 196135rights of workers laidoff for compensation, etc4067 whenever a worker (other than a badli worker or a casual worker) whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid-off, whether continuously or intermittently, he shall be paid by the employer for all days during which he is so laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable to him, had he not been so laid-off:45provided that if during any period of twelve months, a worker is so laid-off for more than forty-five days, no such compensation shall be payable in respect of any period of the lay-off after the expiry of the first forty-five days, if there is an agreement to that effect between the worker and the employer:provided further that it shall be lawful for the employer in any case falling within the foregoing proviso to retrench the worker in accordance with the provisions contained in section 70 at any time after the expiry of the first forty-five days of the lay-off and when he does so, any compensation paid to the worker for having been laid-off during the preceding twelve months may be set off against the compensation payable for retrenchment5explanation— for the purposes of this section "badli worker" means a worker who is employed in an industrial establishment in the place of another worker whose name is borne on the muster rolls of the establishment, but shall cease to be regarded as such, if he has completed one year of continuous service in the establishment1068 notwithstanding that workers in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for the purposes of this chapter a muster roll, and to provide for the making of entries therein by workers who may present themselves for work at the establishment at the appointed time during normal working hoursduty of an employer to maintain muster rolls of workers69 no compensation shall be paid to a worker who has been laid-off—workers not entitled for compensation in certain cases15(i) if he refuses to accept any alternative employment in the same establishment from which he has been laid-off, or in any other establishment belonging to the same employer situate in the same town or village or situate within a radius of eight kilometres from the establishment to which he belongs, if, in the opinion of the employer, such alternative employment does not call for any special skill or previous experience and can be done by the worker, provided that the wages which would normally have been paid to the worker are offered for the alternative employment also;20(ii) if he does not present himself for work at the establishment at the appointed time during normal working hours at least once a day;(iii) if such laying-off is due to a strike or slowing-down of production on the part of workers in another part of the establishment 70 no worker employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until—conditions precedent to retrenchment of workers25(a) the worker has been given one month's notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the worker has been paid in lieu of such notice, wages for the period of the notice;30(b) the worker has been paid, at the time of retrenchment, compensation which shall be equivalent to fifteen days' average pay, or average pay of such days as may be notified by the appropriate government, for every completed year of continuous service or any part thereof in excess of six months; and(c) notice in such manner as may be prescribed is served on the appropriategovernment or such authority as may be specified by the appropriate government by notification35procedure for retrenchment71 where any worker in an industrial establishment who is a citizen of india, is to beretrenched and he belongs to a particular category of workers in that establishment, then, in the absence of any agreement between the employer and the worker in this behalf, the employer shall ordinarily retrench the worker who was the last person to be employed in that category, unless for reasons to be recorded the employer retrenches any other worker40reemployment of retrenched worker72 where any worker is retrenched and the employer proposes to take into hisemployment any person within one year of such retrenchment, he shall, in such manner as may be prescribed, give an opportunity to the retrenched workers who are citizens of india to offer themselves for re-employment and such retrenched workers who offer themselves for re-employment shall have preference over other persons4573 where the ownership or management of an establishment is transferred, whetherby agreement or by operation of law, from the employer in relation to that establishment to a new employer, every worker who has been in continuous service for not less than one year in that establishment immediately before such transfer shall be entitled to notice andcompensation to workers in case of transfer of establishmentcompensation in accordance with the provisions of section 70 as if the worker had been retrenched:provided that nothing in this section shall apply to a worker in any case where there has been a change of employers by reason of the transfer, if—5(a) the service of the worker has not been interrupted by such transfer; (b) the terms and conditions of service applicable to the worker after such transfer are not in any way less favourable to the worker than those applicable to them immediately before the transfer; and10(c) the new employer is, under the terms of such transfer or otherwise, legally liable to pay to the worker, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by the transfer1574 (1) an employer who intends to close down an undertaking shall serve, at least sixty days before the date on which the intended closure is to become effective, a notice, in such manner as may be prescribed, on the appropriate government stating clearly the reasons for the intended closure of the undertaking:provided that nothing in this section shall apply to —sixty days' notice to be given of intention to close down any undertaking(i) an industrial establishment in which less than fifty workers are employed or were employed on any day in the preceding twelve months;20(ii) an industrial establishment set up for the construction of buildings, bridges, roads, canals, dams or for other construction work or project25(2) notwithstanding anything contained in sub-section (1), the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or an extraordinary situation such as natural calamities or the like, it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such undertaking for such period, as may be specified in the order30compensation to workers in case of closing down of undertakings75 (1) where an establishment is closed down for any reason whatsoever, every worker who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of sub-section (2), be entitled to notice and compensation in accordance with the provisions of section 70, as if the worker had been retrenched:35provided that where the undertaking is closed down on account of unavoidable circumstances beyond the control of the employer, the compensation to be paid to the worker under clause (b) of section 70, shall not exceed his average pay for three monthsexplanation— an industrial establishment which is closed down by reason merely of—(i) financial difficulties (including financial losses); or (ii) accumulation of un-disposed stocks; or40(iii) the expiry of the period of the lease or license granted to it; or (iv) in case where the undertaking is engaged in mining operations, exhaustionof the minerals in the area in which operations are carried on,shall not be deemed to be closed down on account of unavoidable circumstances beyond the control of the employer within the meaning of the proviso to this sub-section45(2) notwithstanding anything contained in sub-section (1), where an undertaking engaged in mining operations is closed down by reason merely of exhaustion of the minerals in the area in which such operations are carried on, no worker referred to in that sub-section shall be entitled to any notice or compensation in accordance with the provisions of section 70, if—5(a) the employer provides the worker, at the place located within a radius oftwenty kilometres from such undertaking engaged in mining operation is closed down, with alternative employment with effect from the date of closure at the same remuneration as he was entitled to receive, and on the same terms and conditions of service as were applicable to him, immediately before the closure;10(b) the service of the worker has not been interrupted by such alternativeemployment; and(c) the employer is, under the terms of such alternative employment or otherwise,legally liable to pay to the worker, in the event of his retrenchment, compensation on the basis that his service has been continuous and has not been interrupted by such alternative employment1567 of 1957(3) for the purposes of sub-sections (1) and (2), the expressions "minerals" and"mining operations" shall have the meanings respectively assigned to them in clauses (a) and (d) of section 3 of the mines and minerals (regulation and development) act, 195720(4) where any undertaking set up for the construction of buildings, bridges, roads, canals, dams, or other construction work is closed down on account of the completion of the work within two years from the date on which the undertaking had been set up, no worker employed therein shall be entitled to any compensation under clause (b) of section 70, but if the construction work is not so completed within two years, he shall be entitled to notice and compensation under that section for every completed year of continuous service or any part thereof in excess of six months2576 (1) the provisions of this chapter shall have effect notwithstanding anythinginconsistent therewith contained in any other law including standing orders made under chapter iv:effect of laws inconsistent with this chapter30provided that where under the provisions of any other act or rules, orders ornotifications issued thereunder or under any standing orders or any award, contract or service or otherwise, a worker is entitled to benefits in respect of any matter which are more favourable to him than those to which he would be entitled under this code, the worker shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he receives benefits in respect of other matters under this chapter35(2) for the removal of doubts, it is hereby declared that nothing contained in this chapter shall be deemed to affect the provisions of any other law for the time being in force in any state in so far as that law provides for the settlement of industrial disputes, but the rights and liabilities of employers and workers in so far as they relate to lay-off and retrenchment shall be determined in accordance with the provisions of this chapter chapter x 40 special provisions relating to lay-off, retrenchment and closure in certain establishmentsapplication of this chapter4577 (1) the provisions of this chapter shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workers, or such higher number of workers as may be notified by the appropriate government, were employed on an average per working day in the preceding twelve months(2) if a question arises whether an industrial establishment is of a seasonal character or whether work is performed therein only intermittently, the decision of the appropriate government thereon shall be final(3) for the purposes of this chapter,"industrial establishment" means—63 of 1948(i) a factory as defined in clause (m) of section 2 of the factories act, 1948;5(ii) a mine as defined in clause (j) of sub-section (1) of section 2 of the mines act, 1952; or35 of 1952 69 of 1951(iii) a plantation as defined in clause (f) of section 2 of the plantations labour act, 1951prohibition of lay-off1078 (1) no worker (other than a badli worker or a casual worker) whose name is borne on the muster rolls of an industrial establishment to which this chapter applies shall be laid-off by his employer except with the prior permission of the appropriate government, obtained on an application made in this behalf, unless such lay-off is due to shortage of power, natural calamity, and in the case of a mine, such lay-off is due to fire, flood, excess of inflammable gas or explosion15(2) an application for permission under sub-section (1) shall be made by the employer electronically or otherwise in the prescribed manner stating clearly the reasons for the intended lay-off and a copy of such application shall also be served simultaneously on the workers concerned in such manner as may be prescribed20(3) where the workers (other than badli workers or casual workers) of industrial establishment, being a mine, have been laid-off under sub-section (1) for reasons of fire, flood or excess of inflammable gas or explosion, the employer, in relation to such establishment, shall, within a period of thirty days from the date of commencement of such lay-off, apply, in such manner as may be prescribed, to the appropriate government for permission to continue the lay-off25 30(4) where an application for permission under sub-section (1) or sub-section (3) has been made, the appropriate government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workers concerned and the persons interested in such lay-off, may, having regard to the genuineness and adequacy of the reasons for such lay-off, the interests of the workers and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workers35(5) where an application for permission under sub-section (1) or sub-section (3) has been made and the appropriate government does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted as applied for on the expiration of the said period of sixty days and the application shall be deemed to have been disposed of accordingly by the appropriate government(6) an order of the appropriate government granting or refusing to grant permission shall, subject to the provisions of sub-section (7), be final and binding on all the parties concerned and shall remain in force for one year from the date of such order40(7) the appropriate government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section (4) within the prescribed time from the date on which such order is made or refer the matter or, as the case may be, cause it to be referred, to a tribunal for adjudication:45provided that where a reference has been made to a tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference(8) where no application for permission under sub-section (1) is made, or where no application for permission under sub-section (3) is made within the period specified therein, or where the permission for any lay-off has been refused, such lay-off shall be deemed to be illegal from the date on which the workers had been laid-off and the workers shall be entitled to all the benefits under any law for the time being in force as if they had not been laid-off5(9) notwithstanding anything contained in the foregoing provisions of this section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub-section (1), or, as the case may be, sub-section(3) shall not apply in relation to such establishment for such period as may be specified in the order10(10) the provisions of section 67 (other than the second proviso thereto) shall apply to cases of lay-off referred to in this section15explanation— for the purposes of this section, a worker shall not be deemed to be laid-off by an employer if such employer offers any alternative employment (which in the opinion of the employer does not call for any special skill or previous experience and can be done by the worker) in the same establishment from which he has been laid-off or in any other establishment belonging to the same employer, situate in the same town or village, or situate within such distance from the establishment to which he belongs that the transfer will not involve undue hardship to the worker having regard to the facts and circumstances of his case, subject to the condition that the wages which would normally have been paid to the worker are offered for the alternative appointment also2079 (1) no worker employed in any industrial establishment to which this chapter applies, who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until, —conditions precedent to retrenchment of workers to which chapter x applies25(a) the worker has been given three months' notice in writing indicating the reasons for retrenchment and the period of notice has expired, or the worker has been paid in lieu of such notice, wages for the period of the notice; and(b) the prior permission of the appropriate government has been obtained on an application made in this behalf30(2) an application for permission under sub-section (1) shall be made by the employer electronically or otherwise in the prescribed manner stating clearly the reasons for the intended retrenchment and a copy of such application shall also be served simultaneously on the workers concerned in such manner as may be prescribed35(3) where an application for permission under sub-section (1) has been made, theappropriate government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workers concerned and the persons interested in such retrenchment, may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the workers and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workers40 45(4) where an application for permission has been made under sub-section (1) and theappropriate government does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted on the expiration of the said period of sixty days and the application shall be deemed to have been disposed of accordingly by the appropriate government(5) an order of the appropriate government granting or refusing to grant permission shall, subject to the provisions of sub-section (6), be final and binding on all the parties concerned and shall remain in force for one year from the date of such order(6) the appropriate government may, either on its own motion or on the applicationmade by the employer or any worker, review its order granting or refusing to grant permission under sub-section (3) within the prescribed time from the date on which such order is made or refer the matter or, as the case may be, cause it to be referred to a tribunal for adjudication:5provided that where a reference has been made to a tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference10(7) where no application for permission under sub-section (1) is made, or where the permission for any retrenchment has been refused, such retrenchment shall be deemed to be illegal from the date on which the notice of retrenchment was given to the worker and the worker shall be entitled to all the benefits under any law for the time being in force as if no notice had been given to him15(8) notwithstanding anything contained in the foregoing provisions of this section, the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the establishment or death of the employer or the like, it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to such establishment for such period as may be specified in the order20(9) where permission for retrenchment has been granted under sub-section (3) or where permission for retrenchment is deemed to be granted under sub-section (4), every worker who is employed in that establishment immediately before the date of application for permission under this section shall be entitled to receive, at the time of retrenchment, compensation which shall be equivalent to fifteen days average pay, or average pay of such days as may be notified by the appropriate government, for every completed year of continuous service or any part thereof, in excess of six months25procedure for closing down an industrial establishment80 (1) an employer who intends to close down an undertaking of an industrial establishment to which this chapter applies shall, electronically or otherwise, apply in such manner as may be prescribed, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate government, stating clearly the reasons for the intended closure of the undertaking and a copy of such application shall also be served simultaneously on the representatives of the workers in such manner as may be prescribed:30provided that nothing in this sub-section shall apply to an undertaking set up for the construction of buildings, bridges, roads, canals, dams or for other construction work35(2) where an application for permission has been made under sub-section (1), the appropriate government, after making such enquiry as it thinks fit and after giving a reasonable opportunity of being heard to the employer, the workers and the persons interested in such closure may, having regard to the genuineness and adequacy of the reasons stated by the employer, the interests of the general public and all other relevant factors, by order and for reasons to be recorded in writing, grant or refuse to grant such permission and a copy of such order shall be communicated to the employer and the workers40(3) where an application has been made under sub-section (1) and the appropriate government does not communicate the order granting or refusing to grant permission to the employer within a period of sixty days from the date on which such application is made, the permission applied for shall be deemed to have been granted as applied for on the expiration of the said period of sixty days and the application shall be deemed to have been disposed of accordingly by the appropriate government45(4) an order of the appropriate government granting or refusing to grant permission shall, subject to the provisions of sub-section (5), be final and binding on all the parties and shall remain in force for one year from the date of such order50(5) the appropriate government may, either on its own motion or on the application made by the employer or any worker, review its order granting or refusing to grant permission under sub-section (2) within the prescribed time from the date on which such order is made or refer the matter to a tribunal for adjudication:provided that where a reference has been made to a tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference5(6) where no application for permission under sub-section (1) is made within theperiod specified therein, or where the permission for closure has been refused, the closure of the undertaking shall be deemed to be illegal from the date of closure and the workers shall be entitled to all the benefits under any law for the time being in force as if the undertaking had not been closed down10(7) notwithstanding anything contained in the foregoing provisions of this section,the appropriate government may, if it is satisfied that owing to such exceptional circumstances as accident in the undertaking or death of the employer or the like it is necessary so to do, by order, direct that the provisions of sub-section (1) shall not apply in relation to suchundertaking for such period as may be specified in the order15 20(8) where an undertaking is permitted to be closed down under sub-section (2) orwhere permission for closure is deemed to be granted under sub-section (3), every worker who is employed in that undertaking immediately before the date of application for permission under this section, shall be entitled to receive compensation which shall be equivalent to fifteen days average pay, or average pay of such days as may be notified by the appropriate government, for every completed year of continuous service or any part thereof in excess of six months81 notwithstanding that workers in any industrial establishment have been laid-off, it shall be the duty of every employer to maintain for the purposes of this chapter a muster roll, and to provide for the making of entries therein by workers who may present themselves for work at the establishment at the appointed time during normal working hoursduty of an employer to maintain muster rolls of workers2582 the provisions of sections 66, 71, 72, 73 and section 76 in chapter ix shall, so faras may be, apply also in relation to an industrial establishment to which the provisions of this chapter applycertain provisions of chapter ix to apply to industrial establishment to which this chapter applies chapter xi worker re-skilling fund30worker reskilling fund83 (1) the appropriate government shall, by notification, set up a fund to be calledthe worker re-skilling fund (hereafter in this section referred to as "fund")(2) the fund shall consist of—35(a) the contribution of the employer of an industrial establishment an amountequal to fifteen days wages last drawn by the worker immediately before the retrenchment, or such other number of days as may be notified by the central government, for every retrenched worker in case of retrenchment only;(b) the contribution from such other sources as may be prescribed by theappropriate government40(3) the fund shall be utilised by crediting fifteen days wages last drawn by the worker to his account who is retrenched, within forty-five days of such retrenchment, in such manner as may be prescribed chapter xii unfair labour practices84 no employer or worker or a trade union, whether registered under this code, or not, shall commit any unfair labour practice specified in the second scheduleprohibition of unfair labour practice5 chapter xiii offences and penalties10power of officers of appropriate government to impose penalty in certain cases85 (1) notwithstanding anything contained in section 84, for the purpose of imposing penalty under sub-sections (3), (5), (7), (8), (9), (10), (11) and (20) of section 86 and sub-section (7) of section 89, the appropriate government may appoint any officer not below the rank of under secretary to the government of india or an officer of equivalent rank in the state government, as the case may be, for holding enquiry in such manner, as may be prescribed by the central government15(2) while holding the enquiry, the officer referred to in sub-section (1) shall have the power to summon and enforce attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document, which in the opinion of such officer, may be useful for or relevant to the subject matter of the enquiry and if, on such enquiry, he is satisfied that the person has committed any offence under the provisions referred to in sub-section (1), he may impose such penalty as he thinks fit in accordance with such provisions20(3) where a person fails to pay the penalty referred to in sub-section (2) within a period of ninety days from the date of receipt of the copy of the order, he shall be punishable with fine which shall not be less than fifty thousand rupees but may extend up to two lakh rupeespenalties2586 (1) an employer who contravenes the provisions of section 78 or section 79 orsection 80 shall be punishable with fine which shall not be less than one lakh rupees, but which may extend to ten lakh rupees30(2) an employer who after conviction for an offence under section 78 or section 79 or section 80 again commits the same offence under section 78 or section 79 or section 80, then, he shall for the second or subsequent offence be punishable with fine which shall not be less than five lakh rupees, but which may extend up to twenty lakh rupees or with imprisonment for a term which may extend to six months, or with both(3) an employer who contravenes the provisions of section 67 or section 70 or section 73 or section 75 shall be punishable with fine which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees35(4) an employer who after conviction for an offence under section 67 or section 70 or section 73 or section 75 again commits the same offence under section 67 or section 70 or section 73 or section 75, then, he shall for the second or subsequent offence be punishable with fine which shall not be less than one lakh rupees, but which may extend to five lakh rupees or with imprisonment for a term which may extend to six months, or with both40(5) any person who commits any unfair labour practice as specified in the second schedule shall be punishable with fine which shall not be less than ten thousand rupees, but which may extend to two lakh rupees45(6) any person who after conviction for any unfair labour practice again commits the same offence, then, he shall, for committing the second or subsequent offence, be punishable with fine which shall not be less than fifty thousand rupees, but which may extend to five lakh rupees or with imprisonment for a term which may extend to three months, or with both(7) if default is made on the part of any registered trade union in giving any notice or sending any statement or other document as required by or under any of the provisions of5this code, every office-bearer or other person bound by the rules of the trade union to give or send the same, or, if there is no such office-bearer or person, every member of the executive of the trade union, shall be punishable with fine which shall not be less than one thousand rupees, but which may extend to ten thousand rupees and any continuing default shall be punishable with an additional penalty of fifty rupees per day so long as the default continues10(8) any person who wilfully makes, or causes to be made, any false entry in, or any omission from, the general statement required by section 26 or in or from any copy of rules or of alterations of rules sent to the registrar under that section, shall be punishable with fine which shall not be less than two thousand rupees, but which may extend to twenty thousand rupees15(9) any person who, with intent to deceive, gives to any member of a registered trade union or to any person intending or applying to become a member of such trade union any document purporting to be a copy of the rules of the trade union or of any alterations to the same which he knows, or has reason to believe, is not a correct copy of such rules or alterations as are for the time being in force, or any person who, with the intent, gives a copy of any rules of an unregistered trade union to any person on the pretence that such rules are the rules of a registered trade union, shall be punishable with fine which shall not be less than five thousand rupees, but which may extend to twenty thousand rupees20(10) an employer who fails to submit draft standing orders as required by section 30, or who modifies his standing orders otherwise than in accordance with section 35, shall be punishable with fine which shall not be less than fifty thousand rupees, but which may extend to two lakh rupees and in the case of a continuing offence with an additional fine of two thousand rupees per day till the offence continues25(11) an employer who does any act in contravention of the standing orders finallycertified under this code shall be punishable with fine which shall not be less than one lakh rupees, but which may extend to two lakh rupees30(12) any person who after conviction under sub-section (11) again commits the same offence, then, he shall, for committing the second or subsequent offence be punishable with fine which shall not be less than two lakh rupees, but which may extend to four lakh rupees or with imprisonment for a term which may extend to three months, or with both35(13) any worker who commences, continues or otherwise acts in furtherance of astrike which is illegal under this code, shall be punishable with fine which shall not be less than one thousand rupees, but which may extend up to ten thousand rupees or with imprisonment for a term which may extend to one month, or with both(14) any employer who commences, continues, or otherwise acts in furtherance of alock-out which is illegal under this code, shall be punishable with fine which shall not be less than fifty thousand rupees, but which may extend to one lakh rupees or with imprisonment for a term which may extend to one month, or with both40(15) any person who instigates or incites others to take part in, or otherwise acts infurtherance of, a strike or lock-out which is illegal under this code, shall be punishable with fine which shall not be less than ten thousand rupees, but which may extend to fifty thousand rupees or with imprisonment for a term which may extend to one month, or with both45(16) any person who knowingly spends or applies any money in direct furtherance orsupport of any illegal strike or lock-out shall be punishable with fine which shall not be less than ten thousand rupees, but which may extend to fifty thousand rupees or with imprisonment for a term which may extend to one month, or with both(17) any person who commits a breach of any term of any settlement or award, whichis binding on him under this code, shall be punishable with fine which shall not be less than50twenty thousand rupees, but which may extend to two lakh rupees or with imprisonment for a term which may extend to three months, or with both5(18) where the breach under sub-section (17) is a continuing one, the offender shall be punishable with an additional fine which may extend to one thousand rupees for every day during which the breach continues after the first conviction and the court trying the offence, if it fines the offender, may direct that the whole or any part of the fine realised from him shall be paid, by way of compensation, to any person who, in its opinion, has been affected by such breach10(19) any person who wilfully discloses any such information as is referred to in section 61 in contravention of the provisions of that section shall, on a complaint made by or on behalf of the trade union or individual business affected, be punishable with fine which may extend to twenty thousand rupees, or with imprisonment for a term which may extend to one month, or with both15(20) any person who contravenes any other provision of this code not covered under sub-sections (1) to (19) or the rules or regulations framed under this code shall be punishable with fine which may extend to one lakh rupeescognizance of offences87 (1) no court shall take cognizance of any offence punishable under this code,save on a complaint made by or under the authority of the appropriate government2 of 1974 20(2) notwithstanding anything contained in the code of criminal procedure, 1973, no court inferior to that of the metropolitan magistrate or judicial magistrate of the first class shall try the offences under this codeoffences by companies2588 (1) if the person committing an offence under this code is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence30 35(2) notwithstanding anything contained in sub-section (1), where an offence under this code has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section,—(a) "company" means any body corporate and includes—(i) a firm; or6 of 200940(ii) a limited liability partnership registered under the limited liability partnership act, 2008; or(iii) other association of individuals; and(b) "director" in relation to a firm means a partner in the firm2 of 1974composition of offences4589 (1) notwithstanding anything contained in the code of criminal procedure, 1973, any offence punishable under this code, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by a gazetted officer, as the appropriate government may, by notification, specify, for a sum of fifty per cent of the maximum fine provided for such offence punishable with fine only and for a sum of seventy-five per cent provided for such offence punishable with imprisonment for a term which is not more than one year or with fine, in the manner as may be prescribed50provided that such amount of composition shall be credited to the social security fund established under section 141 of the social security code, 2020(2) nothing contained in sub-section (1) shall apply to an offence committed by a person for the second time or thereafter within a period of three years from the date—(a) of commission of a similar offence which was earlier compounded;5(b) of commission of similar offence for which such person was earlier convicted(3) every officer referred to in sub-section (1) shall exercise the powers to compound an offence, subject to the direction, control and supervision of the appropriate government10(4) every application for the compounding of an offence shall be made in such manner as may be prescribed(5) where any offence is compounded before the institution of any prosecution, no prosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded15(6) where the composition of any offence is made after the institution of any prosecution, such composition shall be brought by the officer referred to in sub-section (1) in writing, to the notice of the adjudicating officer appointed under sub-section (1) of section 85 before whom the prosecution is pending and on such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged20(7) any person who fails to comply with an order made by the officer referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent of the maximum fine provided for the offence, in addition to such fine(8) no offence punishable under the provisions of this code shall be compounded except under and in accordance with the provisions of this section25 chapter xiv miscellaneous3090 (1) where an industrial dispute pertaining to an establishment or undertaking is already pending before a conciliation officer or an arbitrator or a tribunal or a national industrial tribunal, as the case may be, with regard to matters not covered by the notice of change issued by an employer under section 40, no employer shall—(a) in regard to any matter connected with such dispute, alter to the prejudice of the workers concerned in such dispute the conditions of service applicable to them immediately before the commencement of such proceedings; orconditions of service, etc, to remain unchanged under certain circumstances during pendency of proceedings(b) for any misconduct connected with the dispute, discharge or punish, whether by dismissal or otherwise any worker concerned in such dispute,35save with the express permission in writing of the authority before which the proceeding is pending40(2) during the pendency of any such proceeding in respect of an industrial dispute referred in sub-section (1), the employer may, in accordance with standing orders applicable to a worker concerned in such dispute or, where there are no such standing orders, in accordance with the terms of the contract, whether express or implied, between him and the worker—(a) alter, in regard to any matter not connected with the dispute, the conditions of service applicable to that worker immediately before the commencement of such proceeding; or45(b) for any misconduct not connected with the dispute, discharge or punish, whether by dismissal or otherwise, that worker: provided that no such worker shall be discharged or dismissed, unless he has been paid wages for one month and an application has been made by the employer to the authority before which the proceeding is pending for approval of the action taken by the employer5(3) notwithstanding anything contained in sub-section (2), no employer shall, during the pendency of any proceeding in respect of an industrial dispute, take any action against any protected worker concerned in such dispute—(a) by altering, to the prejudice of such protected worker, the conditions of service applicable to him immediately before the commencement of such proceeding; or10(b) by discharging or punishing, whether by dismissal or otherwise, such protected worker, save with the express permission in writing of the authority before which the proceeding is pending15explanation—for the purposes of this sub-section, a "protected worker" in relation to an establishment, means a worker who, being a member of the executive or other officebearer of a registered trade union connected with the establishment, is recognised as such in accordance with rules made in this behalf20(4) in every establishment, the number of workers to be recognised as protected workers for the purposes of sub-section (3) shall be one per cent of the total number of workers employed therein subject to a minimum number of five protected workers and a maximum number of one hundred protected workers and for the aforesaid purpose, the appropriate government may make rules providing for the distribution of such protected workers among various trade unions, if any, connected with the establishment and the manner in which the workers may be chosen and recognised as protected workers25(5) where an employer makes an application to conciliation officer, arbitrator, tribunal or national industrial tribunal, as the case may be, under the proviso to sub-section (2) for approval of the action taken by him, the authority concerned shall, without delay, hear such application and pass, within a period of three months from the date of receipt of such application, such order in relation thereto as it deems fit:30provided that where any such authority considers it necessary or expedient so to do, it may, for reasons to be recorded in writing, extend such period by such further periods as it may think fit:provided further that no proceedings before any such authority shall lapse merely on the ground that any period specified in this sub-section had expired without such proceedings being completed3591 where an employer contravenes the provisions of section 90 during the pendency of proceedings before conciliation officer, arbitrator, tribunal or national industrial tribunal, as the case may be, any employee aggrieved by such contravention, may make a complaint in writing in such manner as may be prescribed—40(a) to such conciliation officer, and the conciliation officer shall take such complaint into account in mediating in, and promoting the settlement of, such industrial dispute; and special provision for adjudication as to whether conditions of service, etc, changed during pendency of proceedings45(b) to such arbitrator, tribunal or national industrial tribunal and on receipt of such complaint, the arbitrator, tribunal or national industrial tribunal, as the case may be, shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with the provisions of this code and shall submit his or its award to the appropriate government and the provisions of this code shall apply accordinglypower to transfer certain proceedings592 (1) the appropriate government may, by order in writing and for reasons to be stated therein, withdraw any proceeding under this code pending before a tribunal and transfer the same to another tribunal, as the case may be, for the disposal of the proceeding and the tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred10(2) the central government may, by order in writing and for reasons to be stated therein, withdraw any proceeding pending under this code before a tribunal constituted by the central government or the state government and transfer to a national industrial tribunal for disposal of the proceeding and the national industrial tribunal to which the proceeding is so transferred may, subject to special directions in the order of transfer, proceed either de novo or from the stage at which it was so transferred15(3) the central government may, by notification, and for reasons to be stated therein, empower a tribunal constituted by the state government to entertain and dispose of the cases arising within their respective jurisdiction under the provisions of this code where the appropriate government is the central governmentprotection of persons2093 (1) no person refusing to take part or to continue to take part in any strike or lockout which is illegal under this code shall, by reason of such refusal or by reason of any action taken by him under this section, be subject to expulsion from any trade union or society, or to any fine or penalty, or to deprivation of any right or benefit to which he or his legal representatives would otherwise be entitled, or be liable to be placed in any respect, either directly or indirectly, under any disability or at any disadvantage as compared with other members of the union or society, anything to the contrary in rules of a trade union or society notwithstanding25(2) nothing in the rules of a trade union or society requiring the settlement of dispute in any manner shall apply to any proceeding for enforcing any right or exemption secured by this section, and in any such proceeding the civil court may, in lieu of ordering a person who has been expelled from membership of a trade union or society to be restored to membership, order that he be paid out of the funds of the trade union or society such sum by way of compensation or damages as that court thinks just30representation of parties94 (1) a worker who is a party to a dispute shall be entitled to be represented in any proceeding under this code by—(a) any member of the executive or other office-bearer of a registered trade union of which he is a member;35(b) any member of the executive or other office-bearer of a federation of trade unions to which the trade union referred to in clause (a) is affiliated;(c) where the worker is not a member of any trade union, any member of the executive or other office-bearer of any trade union connected with, or by any other worker employed in the industry in which the worker is employed and authorised in such manner as may be prescribed40(2) an employer who is a party to a dispute shall be entitled to be represented in any proceeding under this code by—(a) an officer of an association of employer of which he is a member; (b) an officer of a federation of associations of employers to which the association referred to in clause (a) is affiliated;45(c) where the employer is not a member of any association of employers, an officer of any association of employers connected with, or by any other employer engaged in, the industry in which the employer is engaged and authorised in such manner as may be prescribed (3) no party to a dispute shall be entitled to be represented by a legal practitioner in any conciliation proceedings under this code or any proceedings before tribunal or national industrial tribunal5(4) notwithstanding anything contained in sub-section (3), in any proceeding before a tribunal or a national industrial tribunal, a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and with the leave of the tribunal or national industrial tribunal, as the case may be95 (1) if, in the opinion of the appropriate government, any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such tribunal or national industrial tribunal as it may think fitremoval of doubts in interpretation of award or settlement10(2) a tribunal or national industrial tribunal to which such question is referred shall,after giving the parties an opportunity of being heard, decide such question and its decision shall be final and binding on all such partiespower to exempt1596 (1) where the appropriate government is satisfied in relation to any industrialestablishment or undertaking or any class of industrial establishments or undertakings that adequate provisions exist to fulfil the objects of any provision of this code, it may, by notification, exempt, conditionally or unconditionally such establishment or undertaking or, class of establishments or undertakings from that provision of this code20 25(2) notwithstanding anything contained in sub-section (1), where the appropriate government is satisfied in relation to any new industrial establishment or new undertaking or class of new industrial establishments or new undertakings that it is necessary in the public interest so to do, it may, by notification, exempt, conditionally or unconditionally, any such new establishment or new undertaking or class of new establishments or new undertakings from all or any of the provisions of this code for such period from the date of establishment of such new industrial establishment or new undertaking or class of new establishments or new undertakings, as the case may be, as may be specified in the notification:14 of 1947 30provided that any notification issued by a state government under the industrial disputes act, 1947, prior to the commencement of this code, to achieve the purpose as is specified in this sub-section in the state, shall remain in force after such commencement for its remaining period as if the provisions of this code have not been brought into force to the extent they defeat any purpose to be achieved by such notification issued by that state government35explanation—for the purposes of this sub-section, the expression "new industrialestablishment or new undertaking or class of new industrial establishments or new undertakings" means such industrial establishment or undertaking or class of industrial establishments or undertakings which are established within a period as may be specified in the notificationjurisdiction of civil courts barred4097 no civil court shall have jurisdiction in respect of any matter to which any provisionof this code applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this codeprotection of action taken in good faith98 no suit, prosecution or other legal proceeding shall lie against any person foranything which is in good faith done or intended to be done in pursuance of this code or any rules made thereunder4599 (1) the appropriate government may, subject to the condition of previouspublication, make rules for the purpose of giving effect to the provisions of this code:power of appropriate government to make rulesprovided that the appropriate government may, if it is satisfied that circumstancesexist which render it necessary or expedient in the public interest so to do, dispense with the condition of previous publication or reduce the required time period for inviting objections or suggestions on such previous publication to the extent as it may deem fit(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:—5(a) written agreement between the employer and worker arrived at otherwisethan in the course of conciliation proceeding to arrive at a settlement under clause (zi)of section 2;(b) constitution of works committee and choosing of representatives ofemployer and workers engaged in the establishment under section 3;(c) manner of choosing members from the employer and the workers for grievanceredressal committee under sub-section (2) of section 4;10(d) application in respect of any dispute to be filed before the grievance redressalcommittee by any aggrieved worker under sub-section (5) of section 4;(e) manner of filing application for the conciliation of grievance as against thedecision of the grievance redressal committee to the conciliation officer under sub-section (8) of section 4;15(f) the payment of a subscription by members of the trade union and donationfrom such members and others under clause (f) of section 7;(g) manner of annual audit under clause (j) of section 7;(h) form of declaration to be made by an affidavit and the manner of making thesame under clause (a) of sub-section (1) of section 8;20(i) general statement of the assets and liabilities of the trade union prepared insuch form and containing such particulars under sub-section (2) of section 8;(j) the form of application for registration under sub-section (1), and the form ofissuing certificate of registration to be issued by the registrar to the applicant trade union under sub-section (2) of section 9;25(k) the form of entering the name and other particulars of trade union in aregister maintained by the registrar in this behalf under sub-section (3) of section 9;(l) verification of application of the trade union under sub-section (5) of section 9; (m) period within which appeal is to be preferred by trade union to tribunalunder sub-section (1) of section 10;30(n) sending of communication and notices under sub-section (1) and the mannerto inform the registrar under sub-section (3) of section 11;35(o) matters on which negotiating union or negotiating council, as the case maybe, in an industrial establishment may negotiate with the employer of the industrial establishment under sub-section (1) and the criteria to be followed by the employer ofindustrial establishment under sub-section (2) of section 14;(p) manner of verification of workers on the muster roll of the industrialestablishment, under sub-sections (3) and (4) and the facilities to be provided byindustrial establishment to a negotiating union or negotiating council under sub-section (7) of section 14;40(q) the objects under sub-section (1) and sub-section (2) and the subscriptionpayable under sub-section (4) of section 15;(r) manner of making application for adjudication before the tribunal undersub-section (1) of section 22;45(s) manner of amalgamation under sub-section (2), and the manner of sendingsigned amalgamation to the registrar of a different state under sub-section (3) of section 24;(t) distribution of funds of the trade union on dissolution by registrar under sub-section (2) of section 25;5(u) the date before which a general statement shall be forwarded annually to the registrar, the particulars to be contained in general statement and its form, the person by whom and the manner in which such general statement shall be audited under clause (a) of sub-section (1) of section 26;10(v) manner and purpose of recognition of a trade union or a federation of trade unions by the state government as a state trade union at the state level and the authority and the manner of deciding dispute by it under sub-section (2) of section 27;(w) the manner of forwarding information to the certifying officer under sub-section (3) of section 30 and the period within which the amendment of standing order is to be done as observed by the certifying officer under the proviso thereof;15(x) manner of choosing representatives of the workers of the industrial establishment or undertaking for issuing notice by certifying officer, where there is no trade union operating, under sub-section (5) and the manner of authentication of certified standing orders under sub-section (8) of section 30;(y) statement to be accompanied with draft standing orders under sub-section (9)of section 30;20(z) conditions for submission of draft standing orders by group of employers in similar establishment under sub-section (10) of section 30;(za) manner of disposal of appeal by the appellate authority under section 32;25(zb) the manner of sending copies of the order of the appellate authority under sub-section (1) and the language and the manner of maintaining standing order under sub-section (2) of section 33;(zc) form of register for filing finally certified standing orders by the certifying officer and fee for furnishing certified copy of such orders under section 34;(zd) application for modification of standing orders to be made before certifying officer under sub-section (2) of section 35;30(ze) the manner of giving of notice of the nature of the change proposed to be effected under clause (i) of section 40;(zf) form of arbitration agreement and the manner to be signed by the parties thereto under sub-section (3) of section 42;35(zg) manner of issuance of notification where an industrial dispute has been referred to arbitration under sub-section (5) of section 42;(zh) manner of choosing representatives of the workers where there is no trade union under the proviso to sub-section (5) of section 42;(zi) manner of filling up the vacancy under sub-section (9) of section 44;40(zj) the procedure for selection, salaries and allowances and other terms and conditions of judicial and administrative members of the national industrial tribunal under sub-section (6) of section 46;(zk) such other matters in respect of which a conciliation officer, tribunal and national industrial tribunal shall have the same powers as are vested in a civil court under the code of civil procedure,1908 under sub-section (3) of section 49;45(zl) manner of holding conciliation proceedings under sub-section (1), form of full report under sub-section (4), and the form of application and the manner of deciding such application under sub-section (6), of section 53;5(zm) the number of persons by whom the notice of strike shall be given, the person or persons to whom such notice shall be given, and the manner of giving such notice, under sub-section (4) of section 62;(zn) manner of giving notice of lock-out under sub-section (5) and the authority under sub-section (6) of section 62;10(zo) manner of serving notice before retrenchment of a worker employed in the industry who has been in continuous service for not less than one year by an employer on the appropriate government or such authority as may be specified by the appropriate government by notification under clause (c) of section 70;(zp) manner in which the employer shall give an opportunity to the retrenched workers who are citizens of india to offer themselves for re-employment under section 72;15(zq) manner in which the employer shall serve notice on the appropriate government stating clearly the reasons for the intended closure of the undertaking under sub-section (1) of section 74;(zr) manner of making application by the employer stating clearly the reasons for the intended lay-off and the manner of serving copy of such application to workers under sub-section (2) of section 78;20(zs) manner of applying to the appropriate government for permission to continuethe lay-off by the employer under sub-section (3) of section 78;(zt) time limit for review under sub-section (7) of section 78;25(zu) manner of making application by the employer stating clearly the reasonsfor the intended retrenchment and the manner of serving copy of such application to workers under sub-section (2) of section 79;(zv) time limit for review under sub-section (6) of section 79;30(zw) manner of making application by the employer stating clearly the reasonsfor the intended closing down of an undertaking of an industrial establishment and the manner of serving copy of such application to the representatives of workers under sub-section (1) of section 80;(zx) time limit for review under sub-section (5) of section 80;(zy) contribution from such other sources to be made to the worker re-skilling fund under clause (b) of sub-section (2) of section 83;(zz) manner of utilisation of fund under sub-section (3) of section 83;35(zza) manner of composition of offence by a gazetted officer specified undersub-section (1) of section 89;(zzb) manner of making application for the compounding of an offence specifiedunder sub-section (4) of section 89;(zzc) manner of making complaint by an aggrieved employee under section 91;40(zzd) manner of authorisation of worker for representing in any proceedingunder sub-section (1) of section 94;(zze) manner of authorisation of employer for representing in any proceedingunder sub-section (2) of section 94;45(zzf) any other matter which is required to be, or may be, prescribed under the provisions of this code(3) the central government shall make rules for the—(a) manner of recognition of a trade union or federation of trade unions by the central government as a central trade union at the central level and the authority and the manner of deciding dispute by it under sub-section (1) of section 27; and(b) manner of holding an enquiry under sub-section (1) of section 855(4) all rules made under this section by the state government shall, as soon as possible after they are made, be laid before the state legislature10 15(5) every rule made under this section and notification issued under clause (p) of section 2, 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 notification, or both houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notificationdelegation of powers100 the appropriate government may, by notification, direct that any power exercisable by it under this code or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction, be exercisable also,—20(a) where the appropriate government is the central government, by such officer or authority subordinate to the central government or by the state government, or by such officer or authority subordinate to the state government, as may be specified in the notification;25(b) where the appropriate government is a state government, by such officer or authority subordinate to the state government as may be specified in the notificationpower to amend schedules101 (1) the central government may, by notification, add to or alter or amend the first schedule or the second schedule or the third schedule and on any such notification being issued, the first schedule or the second schedule or the third schedule, as the case may be, shall be deemed to be amended accordingly30 35(2) every notification issued by the central government under sub-section (1) shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the notification, or both houses agree that the modification should not be made, the notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done in pursuance of that notification40102 in the finance act, 2017, in the eighth schedule, against serial number 1,—amendment of act 7 of 2017(a) in column (2), for the words "industrial tribunal constituted by the central government", the words, brackets and figures "industrial tribunal constituted by the central government under sub-section (1) of section 44 of the industrial relations code, 2020" shall be substituted;4514 of 1947(b) in column (3), for the words and figures "the industrial disputes act, 1947", the words and figures "the industrial relations code, 2020" shall be substitutedpower to remove difficulties103 (1) if any difficulty arises in giving effect to the provisions of this code, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this code as may appear to it to be necessary for removing the difficulty:5provided that no order shall be made under this section after the expiry of three yearsfrom the date of commencement of this code(2) every order made under this section shall be laid before each house of parliamentrepeal and savings10104 (1) in the notification issued under sub-section (3) of section 1 for the commencement of any provision of this code, the central government may specify that the provisions of—16 of 1926(a) the trade unions act, 1926;(b) the industrial employment (standing orders) act, 1946; and20 of 1946(c) the industrial disputes act, 1947,14 of 194715shall stand repealed with effect from the date appointed in the notification in this behalf and the remaining provisions of the enactments referred to in clauses (a) to (c) shall remain inforce till they are repealed by like notifications in the like manner20(2) notwithstanding such repeal under sub-section (1), anything done or any action taken under the provisions of the enactments so repealed including any rule, regulation, notification, nomination, appointment, order or direction made thereunder shall be deemed to have been done or taken under the corresponding provisions of this code and shall be in force to the extent they are not contrary to the provisions of this code10 of 1897(3) without prejudice to the provisions of sub-section (2), the provisions of section 6 of the general clauses act, 1897 shall apply to the repeal of such enactments the first schedule[see sections 2 (zj), 30 (1) and (6) and 101 (1)] matters to be provided in standing orders under this code1 classification of workers, whether permanent, temporary, apprentices, probationers,badlis or fixed term employment2 manner of intimating to workers periods and hours of work, holidays, pay-daysand wage rates3 shift working 4 attendance and late coming 5 conditions of, procedure in applying for, and the authority which may grant leaveand holidays6 requirement to enter premises by certain gates, and liability to search 7 closing and reporting of sections of the industrial establishment, temporarystoppages of work and the rights and liabilities of the employer and workers arising therefrom8 termination of employment, and the notice thereof to be given by employer andworkers9 suspension or dismissal for misconduct, and acts or omissions which constitutemisconduct10 means of redress for workers against unfair treatment or wrongful exactions bythe employer or his agents or servants11 any other matter which may be specified by the appropriate government bynotification the second schedule[see sections 2 (zo), 84, 86 (5) and 101(1)] unfair labour practices i on the part of employers and trade unions of employers(1) to interfere with, restrain from, or coerce, workers in the exercise of their right toorganise, form, join or assist a trade union or to engage in concerted activities for the purposes of collective bargaining or other mutual aid or protection, that is to say,—(a) threatening workers with discharge or dismissal, if they join a trade union;(b) threatening a lock-out or closure, if a trade union is organised;(c) granting wage increase to workers at crucial periods of trade unionorganisation, with a view to undermining the efforts of the trade union organisation(2) to dominate, interfere with or contribute support, financial or otherwise, to anytrade union, that is to say,—(a) an employer taking an active interest in organising a trade union of hisworkers; and(b) an employer showing partiality or granting favour to one of several tradeunions attempting to organise his workers or to its members, where such a trade union is not a recognised trade union(3) to establish employer sponsored trade unions of workers (4) to encourage or discourage membership in any trade union by discriminatingagainst any worker, that is to say,—(a) discharging or punishing a worker, because he urged other workers to joinor organise a trade union;(b) discharging or dismissing a worker for taking part in any strike (not being astrike which is deemed to be an illegal strike under this code);(c) changing seniority rating of workers because of trade union activities;(d) refusing to promote workers to higher posts on account of their trade unionactivities;(e) giving unmerited promotions to certain workers with a view to creating discordamongst other workers, or to undermine the strength of their trade union;(f) discharging office-bearers or active members of the trade union on accountof their trade union activities(5) to discharge or dismiss workers,—(a) by way of victimisation;(b) not in good faith, but in the colourable exercise of the employer's rights;(c) by falsely implicating a worker in a criminal case on false evidence or onconcocted evidence;(d) for patently false reasons;(e) on untrue or trumped up allegations of absence without leave;(f) in utter disregard of the principles of natural justice in the conduct of domesticenquiry or with undue haste;(g) for misconduct of a minor or technical character, without having any regardto the nature of the particular misconduct or the past record or service of the worker, thereby leading to a disproportionate punishment(6) to abolish the work of a regular nature being done by workers, and to give suchwork to contractors as a measure of breaking a strike(7) to transfer a worker mala fide from one place to another, under the guise offollowing management policy(8) to insist upon individual workers, who are on a legal strike to sign a good conductbond, as a precondition to allowing them to resume work(9) to show favouritism or partiality to one set of workers regardless of merit(10) to employ workers as badli workers, casuals or temporaries and to continue themas such for years, with the object of depriving them of the status and privileges of permanent workers(11) to discharge or discriminate against any worker for filing charges or testifyingagainst an employer in any enquiry or proceeding relating to any industrial dispute(12) to recruit worker during a strike which is not an illegal strike (13) failure to implement award, settlement or agreement (14) to indulge in acts of force or violence (15) to refuse to bargain collectively, in good faith with the recognised trade unions(16) proposing or continuing a lock-out deemed to be illegal under this code ii on the part of workers and trade unions of workers(1) to advise or actively support or instigate any strike deemed to be illegal underthis code(2) to coerce workers in the exercise of their right to self-organisation or to join atrade union or refrain from, joining any trade union, that is to say—(a) for a trade union or its members to picketing in such a manner thatnon-striking workers are physically debarred from entering the work places;(b) to indulge in acts of force or violence or to hold out threats of intimidation inconnection with a strike against non-striking workers or against managerial staff(3) for a recognised union to refuse to bargain collectively in good faith with theemployer(4) to indulge in coercive activities against certification of a bargaining representative (5) to stage, encourage or instigate such forms of coercive actions as wilful,"go-slow", squatting on the work premises after working hours or "gherao" of any of the members of the managerial or other staffexplanation 1—for the removal of doubts, it is clarified that "go-slow" shall mean an occasion when more than one worker in an establishment conjointly work more slowly and with less effort than usual to try to persuade the employer of the establishment to agree to higher pay or better service condition or such other demandexplanation 2—for the purposes of explanation 1, the expression "usual"shall mean,—(i) where the standard has been specified for a worker for his work either daily,weekly or monthly basis, such work; and(ii) where no such standard has been specified such rate of work which is theaverage of work in the previous three months calculated on daily or weekly or monthly basis, as the case may be(6) to stage demonstrations at the residence of the employers or the managerial staffmembers(7) to incite or indulge in wilful damage to employer's property connected with theindustry(8) to indulge in acts of force or violence or to hold out threats of intimidation againstany worker with a view to prevent him from attending work the third schedule (see section 40 and 101 (1)) conditions of service for change of which notice is to be given1 wages, including the period and mode of payment 2 contribution paid, or payable, by the employer to any provident fund or pensionfund or for the benefit of the workers under any law for the time being in force3 compensatory and other allowances 4 hours of work and rest intervals 5 leave with wages and holidays 6 starting, alteration or discontinuance of shift working otherwise than in accordancewith standing orders7 classification by grades 8 withdrawal of any customary concession or privilege or change in usage 9 introduction of new rules of discipline, or alteration of existing rules, except in sofar as they are provided in standing orders10 rationalisation, standardisation or improvement of plant or technique which islikely to lead to retrenchment of workers11 any increase or reduction (other than casual) in the number of persons employedor to be employed in any occupation or process or department or shift, not occasioned by circumstances over which the employer has no control statement of objects and reasonsthe second national commission on labour, which submitted its report in june 2002, had recommended that the existing set of labour laws should be broadly amalgamated into the following groups, namely:––(a) industrial relations; (b) wages; (c) social security; (d) safety; and (e) welfare and working conditions2 in pursuance of the recommendations of the said commission relating to industrial relations and the deliberations made in the tripartite meeting comprising of the government, employers' and industry representatives, it has been decided to bring the proposed legislation for amalgamating, simplifying and rationalising the relevant provisions of –– (a) the trade unions act, 1926; (b) the industrial employment (standing orders) act, 1946; and (c) the industrial disputes act, 19473 accordingly, the industrial relations code, 2019 was introduced in lok sabha on the 28th november, 2019, which was referred to the department-related parliamentary standing committee on labour for its examination and report the said committee submitted its eighth report on the 23rd april, 2020 recommending various modifications in the said bill to give impetus to the economic activity in the country without compromising on the basic aspects of the benefit to workers considering the valuable recommendations of the said parliamentary standing committee, the government proposes to withdraw the industrial relations code, 2019 pending in parliament and introduce a new bill, namely, the industrial relations code, 2020 with certain modifications4 the proposed legislation provides for a broader framework to protect the rights of workers to form unions, to minimise the friction between the employers and workers and to provide provisions for investigation and settlement of industrial disputes the object of the proposed legislation is to achieve industrial peace and harmony as the ultimate pursuit in resolving industrial disputes and to advance the progress of industry by bringing about the existence of harmony and cordial relationship between the employers and workers5 the salient features of the industrial relations code, 2020, inter alia, are as follows:—(i) to define "workers" which includes the persons in supervisory capacity getting wages up to eighteen thousand rupees per month or an amount as may be notified by the central government from time to time;(ii) to provide for fixed term employment with the objective that the employee gets all the benefits like that of a permanent worker (including gratuity), except for notice period after conclusion of a fixed period, and retrenchment compensation the employer has been provided with the flexibility to employ workers on fixed term basis on the basis of requirement and without restriction on any sector; (iii) to revise the definition of "industry" that any systematic activity carried on by co-operation between the employer and workers for the production, supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature) with certain exceptions;(iv) to bring concerted casual leave within the ambit of the definition of strike; (v) to provide the maximum number of members in the grievance redressal committee up to ten in an industrial establishment employing twenty or more workers there shall be adequate representation of the women workers therein in the proportion of the women workers to the total workers employed in the industrial establishment;(vi) to provide for a new feature of recognition of negotiating union and negotiating council in an industrial establishment by an employer for the purpose of negotiations the criterion for recognition of negotiating union has been fixed at fifty-one per cent or more workers on a muster roll of that industrial establishment as regards negotiating council, a trade union having support of every twenty per cent of workers will get one seat in the negotiating council and the fraction above twenty per cent shall be disregarded; (vii) to provide for appeal against non-registration or cancellation of registration of trade union before the industrial tribunal;(viii) to empower the central government and the state governments to recognise a trade union or a federation of trade unions as the central trade union or state trade unions, respectively;(ix) to provide for applicability of threshold of three hundred or more workers for an industrial establishment to obtain certification of standing orders, if the standing order differ from the model standing order made by the central government;(x) to provide that if the employer prepares and adopts model standing order of the central government with respect to the matters relevant to the employer's industrial establishment, then the model standing order would be deemed to be certified otherwise, the industrial establishment may seek certification of only those clauses which are different from the model standing orders;(xi) to set up industrial tribunal consisting of a judicial member and an administrative member, in place of only judicial member who presently presides the tribunal for certain specified cases, the matters will be decided by the two-member tribunal and the remaining shall be decided by single-member tribunal as may be provided for in the rules;(xii) to set up industrial tribunals in the place of existing multiple adjudicating bodies like the court of inquiry, board of conciliation and labour courts;(xiii) to remove the reference system for adjudication of industrial disputes, except the reference to the national industrial tribunal for adjudication;(xiv) to provide that the commencement of conciliation proceedings shall be deemed to have commenced on the date of the first meeting held by the conciliation officer in an industrial dispute after the receipt of the notice of strike or lock-out by the conciliation officer;(xv) to prohibit strikes and lock-outs in all industrial establishments without giving notice of fourteen days;(xvi) to provide for the obligation on the part of industrial establishments pertaining to mine, factories and plantation having three hundred or more workers to take prior permission of the appropriate government before lay-off, retrenchment and closure with flexibility to the appropriate government to increase the threshold to higher numbers, by notification;(xvii) to set up a re-skilling fund for training of retrenched workers the fund shall, inter alia, consist of the contribution of the employer of an amount equal to fifteen days wages last drawn by the worker immediately before the retrenchment or such other number of days, as may be notified by the central government, in case of retrenchment only the fund shall be utilised by crediting fifteen days wages last drawn by the worker to his account who is retrenched, within forty-five days of the retrenchment as may be provided by rules;(xviii) to provide for compounding of offences by a gazetted officer, as the appropriate government may, by notification, specify, for a sum of fifty per cent of the maximum fine provided for such offence punishable with fine only and for a sum of seventy-five per cent provided for such offence punishable with imprisonment for a term which is not more than one year, or with fine;(xix) to provide for penalties for different types of violations to rationalise with such offences and commensurate with the gravity of the violations;(xx) to empower the appropriate government to exempt any industrial establishment from any of the provisions of the code in the public interest for the specified period 6 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectivesnew delhi;santosh kumar gangwarthe 14th september, 2020 notes on clausesclause 2 of the bill seeks to define certain expressions used in the proposed code, which, inter alia, include 'appropriate government', 'arbitrator', 'banking company','controlled industry', 'industry', 'lay-off', 'lock-out', 'metro railway', 'railway', 'tribunal', 'unfair labour practice', 'unorganised sector' and 'wages'clause 3 of the bill seeks to provide for works committee works committee shall consist of representatives of employer and workers and the representatives of workers on the committee shall not be less than the number of representatives of the employer the duty of the works committee inter alia shall be to promote measures for securing and preserving amity and good relations between the employer and workersclause 4 of the bill seeks to provide for grievance redressal committee the threshold limit for constituting grievance redressal committee for the resolution of disputes arising out of grievances of individual workers is twenty or more workers employed in the concerned industrial establishment the said clause contains provisions for filing application in respect of dispute by the aggrieved worker, the constitution of grievance redressal committee including selection of its chairpersons, the maximum number of the committee, the time limit for completing its proceedings, the manner of its decision, and the filing of the application for the adjudication against the decision of the grievance redressal committee or the adjudication of grievance which is not resolved in the committee within thirty daysclause 5 of the bill seeks to provide for registrar of trade unions the registrar, additional registrar, joint registrar and deputy registrar of a trade union shall be appointed by the state government by notification and their respective powers and duties shall be specified in the notification and the other officers shall be deemed to be registrar subject to the order of the state government in relation to the trade union, office of which exist within the area of jurisdictionclause 6 of the bill seeks to provide for the criteria for registration of a trade unionseven or more members of a trade union may apply for its registration and the trade union connected with the establishment or industry shall be registered only at least ten per cent of the workers or one hundred workers of the establishment or industry or the member of the trade union it also provides that the application of registration shall not be invalid for the fact that after filing the application and before registration not exceeding half of the total number of persons who made the application have ceased to be members or dissociated from the application it is further required that after registration not less than ten per cent of the workers or one hundred workers, whichever is less of such establishment or industry subject to a minimum of seven shall at all time continue to be the members of the trade unionclause 7 of the bill seeks to provide for provisions to be contained in constitution or rules of trade union in case the matters specified in the said clause are not provided in the rules of the trade union and the executive of the trade union is not constituted in accordance with the provisions of the proposed code, the trade union shall not be entitled for registrationclause 8 of the bill seeks to provide for application for registration, alteration of name and procedure thereof every application for registration of a trade union shall be made to the registrar in the manner as may be provided by rulesclause 9 of the bill seeks to provide for registration and cancellation of trade unionwhere the registrar is satisfied that the application for registration is complete make an order within forty-five days for granting or refusing to grant registration and communicate the same to the applicant trade union electronically or otherwise for refusing the registration he has to give reason on registration the registrar shall issue to the applicant trade union a certificate of registration which shall be the conclusive evidence of registration and enter the name and other particulars in the register trade union registered under the trade unions act, 1926 having valid registration immediately before the commencement of the proposed code shall be deemed to have been registered under that code it also provide regarding the withdrawn or cancellation of the certificate of the registrationclause 10 of the bill seeks to provide for appeal against non-registration or cancellation of registration any person aggrieved by the refusal to grant registration of a trade union, or cancellation of a certificate of registration of a trade union, by registrar may within the period specified by rules prefer an appeal to the tribunal the tribunal has power to condone the delay on its satisfaction in filing the appeal the tribunal may, after giving hearing to the parties dismiss the appeal or pass an order for registration of the trade union and to issue a certificate of registration or set aside the order of cancellation of the certificate of registration and forward a copy of order to the registrarclause 11 of the bill seeks to provide for registered office of trade union all communications and notices to a registered trade union shall be addressed to the head office of the trade union as entered in the register maintained by the registrarclause 12 of the bill seeks to provide for incorporation of a registered trade union clause 13 of the bill seeks to provide for certain acts not to apply to registered trade unions as mentioned in the said clauseclause 14 of the bill seeks to provide for recognition of negotiating union or negotiating council for negotiating with the employer of the industrial establishment the details of the recognition and the validity period of recognition are specified in the clauseclause 15 of the bill seeks to provide for objects of general fund, composition of separate fund and membership fee of the trade union the general funds of a registered trade union shall not be spent on any objects other than such as may be prescribed objectsclause 16 of the bill seeks to provide for immunity from civil suit in certain cases no suit or other legal proceeding shall be maintainable in any civil court against any registered trade union or any office-bearer or member thereof in certain cases as specified in the clauseclause 17 of the bill seeks to provide for criminal conspiracy in furtherance of objects of trade union no office-bearer or member of a registered trade union shall be liable to punishment under sub-section (2) of section 120b of the indian penal code, unless such agreement is an agreement to commit an offenceclause 18 of the bill seeks to provide for enforceability of agreements notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered trade union shall not be void or voidable merely by reason of the fact that any of the objects of the agreement are in restraint of tradeclause 19 of the bill seeks to provide for the right of an office-bearer or member of the trade union to inspect books of trade unionclause 20 of the bill seeks to provide for rights of minor to membership of trade union any person who has attained the age of fourteen years, who is employed in a nonhazardous industry, may be a member of a registered trade union subject to any rules of the trade unionclause 21 of the bill seeks to provide for disqualification of office-bearers of trade unions a person shall be disqualified for being chosen as, and for being, a member of the executive or any other office-bearer of a registered trade union for the reasons as mentioned in the clauseclause 22 of the bill seeks to provide for adjudication of disputes of trade unions in case of a registered trade union, where a dispute arises between the parties as specified in the clause, an application may be made in such manner as may be provided by rules, to the tribunal having jurisdictionclause 23 of the bill seeks to provide for proportion of office-bearers to be connected with industry not less than one-half of the total number of the office-bearers of every registered trade union in an unorganised sector shall be persons actually engaged or employed in an establishment or industry with which the trade union is connectedclause 24 of the bill seeks to provide for change of name, amalgamation, notice of change and its effect as provided in the clauseclause 25 of the bill seeks to provide for dissolution of a registered trade union in the manner as specified in the clauseclause 26 of the bill seeks to provide for filing of annual returns by trade union clause 27 of the bill seeks to provide for recognition of trade unions at central and state level in the manner as specified in the clause by the central government and state government, respectivelyclause 28 of the bill seeks to provide for application of chapter iv of the proposed code the provisions of said chapter iv shall apply to every industrial establishment wherein three hundred or more than three hundred as may be notified by the appropriate government, are employed, or were employed on any day of the preceding twelve monthsclause 29 of the bill seeks to provide for making of model standing orders by central government and temporary application the central government shall make model standing orders relating to conditions of service and other matters incidental thereto or connected therewithclause 30 of the bill seeks to provide for preparation of draft standing orders by employer and procedure for certification in the manner as specified in the clauseclause 31 of the bill seeks to provide for certifying officers to have powers of civil court every certifying officer shall have all the powers of a civil court for the purposes of receiving evidence, administering oath, enforcing the attendance of witnesses, and compelling the discovery and production of documents, and shall be deemed to be a civil court within the meaning of sections 345 and 346 of the code of criminal procedure, 1973clause 32 of the bill seeks to provide for appeals as specified in the clause clause 33 of the bill seeks to provide for date of operation of standing orders and its availability as specified in the clauseclause 34 of the bill seeks to provide for register of standing orders a copy of all standing orders as finally certified under this code shall be uploaded by the certifying officer in the electronic form or such other form as may be provided by rules and for the purpose as specified in the clauseclause 35 of the bill seeks to provide for duration and modification of standing orders an employer or worker or a trade union or other representative body of the workers may apply to the certifying officer to have the standing orders modified in such application as may be provided by rules subject to provision of sub-clause (1) of the said clauseclause 36 of the bill seeks to provide for non-admissibility of oral evidence in contradiction of standing ordersclause 37 of the bill seeks to provide for interpretation, etc, of standing orders as specified in the clauseclause 38 of the bill seeks to provide for time limit for completing disciplinary proceedings and liability to pay subsistence allowance as specified in the clauseclause 39 of the bill seeks to provide for power to exempt appropriate government may, by notification, exempt, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of chapter ivclause 40 of the bill seeks to provide for notice of change no employer, who proposes to effect any change in the conditions of service applicable to any worker in respect of any matter specified in the third schedule, shall effect such change as specified in the clauseclause 41 of the bill seeks to provide for power of appropriate government to exemptwhere the appropriate government is of the opinion that the application of the provisions of clause 40 to any class of industrial establishments or to any class of worker employed in any industrial establishment affect the employers such government may, by notification, direct that the provisions of the said clause shall not apply or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workers employed in any industrial establishmentclause 42 of the bill seeks to provide for voluntary reference of disputes to arbitration as specified in the clauseclause 43 of the bill seeks to provide for conciliation officers the appropriate government may, by notification, appoint such number of persons, as it thinks fit to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputesclause 44 of the bill seeks to provide for constitution of one or more industrial tribunal and other details for the purposes of such tribunal as specified in the clauseclause 45 of the bill seeks to provide for finality of constitution of tribunal no notification of appropriate government, act or proceeding before a tribunal shall be called in question in any manner mainly relating to existence of any vacancy in, or defect in constitution of tribunalclause 46 of the bill seeks to provide for constitution of one or more national industrial tribunalclause 47 of the bill seeks to provide for decision of tribunal or national industrial tribunal the decision of a tribunal or a national industrial tribunal, as the case may be, shall be by consensus of the members in case of difference of opinion the reference is to be made to the appropriate government in the manner as specified in the clauseclause 48 of the bill seeks to provide for disqualifications for members of tribunal, and national industrial tribunal on the ground of not being an independent person or has attained the age of sixty-five yearsclause 49 of the bill seeks to provide for procedure and powers of arbitrator, conciliation officer, tribunal and national industrial tribunalclause 50 of the bill seeks to provide for powers of tribunal and national industrial tribunal to give appropriate relief in case of discharge or dismissal of workerclause 51 of the bill seeks to provide for transfer of pending cases on and from the date of commencement of the proposed code, the cases pending immediately before such commencement in labour court, tribunal, and national tribunal constituted under industrial disputes act, 1947 shall be transferred to tribunal and national industrial tribunal, respectively having corresponding jurisdiction under the proposed codeclause 52 of the bill seeks to provide for adjustment of services of presiding officers under the repealed act as specified under the clauseclause 53 of the bill seeks to provide for conciliation and adjudication of dispute as specified in the clauseclause 54 of the bill seeks to provide for functions of national industrial tribunalthe central government may refer an industrial dispute to a national industrial tribunal which in the opinion of such government involves question of national importance or is of such nature that industries situated in more than one state are interested or affected by such industrial disputeclause 55 of the bill seeks to provide for form of award its communication and commencement as specified in the clauseclause 56 of the bill seeks to provide for payment of full wages to worker pending proceedings in higher courts in any case, where a tribunal or a national industrial tribunal by its award directs reinstatement of any worker and the employer prefers any proceedings against such award in a high court or the supreme court, the employer shall be liable to pay such worker, during the period of pendency of such proceedings in the high court or the supreme court, full wages last drawn by him as specified in the clauseclause 57 of the bill seeks to provide for persons on whom settlements and awards are binding a settlement arrived at by agreement between the employer and worker otherwise than in the course of conciliation proceeding shall be binding on the parties to the agreementclause 58 of the bill seeks to provide for period of operation of settlements and awards a settlement shall come into operation on such date as is agreed upon by the parties to the dispute, and if no date is agreed upon, on the date on which the memorandum of the settlement is signed by the parties to the dispute an award shall, subject to the provisions of this clause, remain in operation for a period of one year from the date on which the award becomes enforceable under clause 53clause 59 of the bill seeks to provide for recovery of money due from employer in the manner a specified in the clauseclause 60 of the bill seeks to provide for commencement and conclusion of proceedings a conciliation proceeding shall be deemed to have commenced on the date on which the first meeting is held by the conciliation officer after the receipt of the notice of strike or lock-out by the conciliation officer a conciliation proceeding shall be deemed to have concluded as specified in the clauseclause 61 of the bill seeks to provide for certain matters to be kept confidential in the manner as specified in the clauseclause 62 of the bill seeks to provide for prohibition of strikes and lock-outs no person employed in industrial establishment shall go on strike in breach of contract for the reasons as specified in the sub-clause (1) of the said clause no employer of an industrial establishment shall lock-out any of his workers for the reasons as specified in the sub-clause (2) of the said clauseclause 63 of the bill seeks to provide for illegal strikes and lock-outs a strike or lock-out shall be illegal if it is done in the manner as specified in the clauseclause 64 of the bill seeks to provide for prohibition of financial aid to illegal strikes or lock-outsclause 65 of the bill provide for application of clauses 67 to 69 it, inter alia, provides that the provisions of clauses 67 to 69, relating to rights of workers laid off for compensation, etc, and duty of an employer to maintain muster roll of workers who are not entitled to compensation in certain cases, shall not apply to industrial establishments to which provisions of chapter x of the proposed code, which are special provisions relating to lay off, retrenchment and closure in certain establishments applies, and shall also not apply to industrial establishments in which less than fifty workers on average per working day have been employed in the presiding calendar month and to industrial establishments which are of seasonal character in which work is performed intermittentlyclause 66 of the bill seeks to provide for definition of continuous service continuous service in relation to a worker means the uninterrupted service of such worker, including his service which may be interrupted on account of sickness or authorised leave or an accident or a strike which is not illegal or a lock-out or a cessation of work which is not due to any fault on the part of the workerclause 67 of the bill seeks to provide for rights of workers laid-off for compensation, etc a worker (other than a badli worker or a casual worker) whose name is borne on the muster rolls of an industrial establishment and who has completed not less than one year of continuous service under an employer is laid-off, he shall be paid by the employer for all days during which he is so laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent of the total of the basic wages and dearness allowance that would have been payable to him, had he not been so laid-offclause 68 of the bill seeks to provide for duty of an employer to maintain muster rolls of workersclause 69 of the bill seeks to provide for workers not entitled for compensation in certain cases no compensation shall be paid to a worker who has been laid-off for the reasons as specified in the clauseclause 70 of the bill seeks to provide for conditions precedent to retrenchment of workers no worker employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer except for reasons mentioned in the clauseclause 71 of the bill seeks to provide for procedure for retrenchment as specified in the clause the employer shall ordinarily retrench the worker who was the last person employed in that category subject to the agreement made between them in this behalf for the reasons to be recorded the employer can retrench any other workerclause 72 of the bill seeks to provide for re-employment of retrenched worker any retrenched worker may be re-employed within one year of such retrenchment as may be provided by rulesclause 73 of the bill seeks to provide for compensation to workers in case of transfer of establishment as specified in the clauseclause 74 of the bill seeks to provide for sixty days' notice to be given of intention to close down any undertaking an employer who intends to close down an undertaking shall serve, at least sixty days to the appropriate government before the date on which the intended closure is to become effective, a notice, in such manner as may be provided by rulesclause 75 of the bill seeks to provide for compensation to workers in case of closing down of undertakings where an establishment is closed down for any reason whatsoever, every worker who has been in continuous service for not less than one year in that undertaking immediately before such closure shall, subject to the provisions of sub-clause (2), be entitled to notice and compensation in accordance with the provisions of clause 70, which provides for the conditions precedent to retrenchment of workersclause 76 of the bill seeks to provide for effect of laws inconsistent with chapter ixof the proposed code the provisions of said chapter ix shall have effect notwithstanding anything inconsistent therewith contained in any other law including standing orders made under chapter iv of the proposed codeclause 77 of the bill seeks to provide for application of chapter x of the proposed code the provisions of said chapter x shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workers, or such higher number of workers as may be notified by the appropriate government, were employed on an, average per working day in the preceding twelve months for the purposes of said chapter x industrial establishment means a factory, a mine and a plantationclause 78 of the bill seeks to provide for prohibition of lay-off no worker (other than a badli worker or a casual worker) whose name is borne on the muster rolls of an industrial establishment to which chapter x of the proposed code applies shall be laid-off by his employer except with the prior permission of the appropriate government or such authority as may be specified by that government by notificationclause 79 of the bill seeks to provide for conditions precedent to retrenchment of workers to which chapter x of the proposed code applies no worker employed in any industrial establishment who has been in continuous service for not less than one year under an employer shall be retrenched by that employer except for reasons mentioned in the clauseclause 80 of the bill seeks to provide for procedure for closing down an undertaking of an industrial establishment an employer who intends to close down an undertaking of an industrial establishment to which chapter x of the proposed code applies shall, in the manner provided by rules, apply, for prior permission at least ninety days before the date on which the intended closure is to become effective, to the appropriate governmentclause 81 of the bill seeks to provide for duty of an employer to maintain muster rolls of workers and to provide for the making of entries therein by workers who may present themselves for work at the establishment at the appointed time during normal working hoursclause 82 of the bill seeks to provide for certain provisions of chapter ix of the proposed code to be applied to industrial establishment to which the chapter containing clause 82 applies the provisions of clauses 66, 71, 72, 73 and clause 76 in said chapter ix shall, so far as may be, apply also in relation to an industrial establishment to which the provisions of chapter x of the code applyclause 83 of the bill seeks to provide for worker re-skilling fund the appropriate government shall, by notification, set up a fund to be called the worker re-skilling fund, referred to in the clause as "fund" the fund shall consist of contribution as mentioned in the clauseclause 84 of the bill seeks to provide for prohibition of unfair labour practice employer or worker or a trade union, whether registered under proposed code, or not, is prohibited from practicing unfair labour practice specified in the second scheduleclause 85 of the bill seeks to provide for power of officers of appropriate government to impose penalty in certain cases as specified in the clauseclause 86 of the bill seeks to provide for penalties any person, employer, every office-bearer or other person bound by the rules of the trade union, worker shall be punished for the reasons as specified in the clauseclause 87 of the bill seeks to provide for cognizance of offences this provision bars the court to take cognizance of any offence punishable under the proposed code, save on a complaint made by or under the authority of the appropriate governmentclause 88 of the bill seeks to provide for offences by companies if the person committing an offence under the proposed code is a company, every person who, at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyclause 89 of the bill seeks to provide for composition of offences as provided under the clauseclause 90 of the bill seeks to provide for conditions of service, etc, to remain unchanged under certain circumstances during pendency of proceedings such conditions of service of the workers relates to the pending industrial disputeclause 91 of the bill seeks to provide for special provision for adjudication as to whether conditions of service, etc, changed during pendency of proceedingsclause 92 of the bill seeks to provide for power to transfer certain proceedings such transfer relate to the transfer of proceeding pending before a tribunal to another tribunal by the appropriate government the central government is empowered to withdraw a pending proceeding from a tribunal and to transfer the same to the national industrial tribunal as specified in the clause the central government may empower a tribunal constituted by the state government to entertain and dispose of the cases arising within their respective jurisdiction under the provisions of the proposed code, where the appropriate government is the central governmentclause 93 of the bill seeks to provide for protection of persons the persons refusing to take part or to continue to take part in any illegal strike or lock-out are protected under the clauseclause 94 of the bill seeks to provide for representation of parties a worker and an employer who is a party to a dispute shall be entitled to be represented in any proceeding under the proposed code by representations specified in the clauseclause 95 of the bill seeks to provide for removal of doubts in interpretation of award or settlement if, in the opinion of the appropriate government, any difficulty or doubt arises as to the interpretation of any provision of an award or settlement, it may refer the question to such tribunal or national industrial tribunal as it may think fit whose decision shall be final and binding on all such partiesclause 96 of the bill seeks to provide for power to exempt as specified in the clause clause 97 of the bill seeks to provide for barring of jurisdiction of civil courts in respect of any matter to which any provision of the proposed code applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under the proposed codeclause 98 of the bill seeks to provide for protection of a person from legal proceeding if action is taken in good faith in pursuance of the proposed codeclause 99 of the bill seeks to provide for power to make rules the appropriate government may, subject to the condition of previous publication, make rules for the purpose of giving effect to the provisions of the proposed code it is also provided for dispensing with or reducing the time period for previous publication in the public interestclause 100 of the bill seeks to provide for delegation of powers the appropriate government may, by notification, direct that any power exercisable by it under the proposed code or rules made thereunder shall, in relation to such matters and subject to such conditions, if any, as may be specified in the direction as specified in the clauseclause 101 of the bill seeks to provide for power to amend schedules the central government may, by notification, add to or alter or amend the first schedule or the second schedule or the third schedule and on any such notification being issued, the first schedule or the second schedule or the third schedule, as the case may be, shall be deemed to be amended accordinglyclause 102 of the bill seeks to provide for amendment of finance act, 2017 as specified in the clauseclause 103 of the bill seeks to provide for power of central government to remove difficulties by the order published in the official gazette such order shall not be made after the expiry of three years from the date on which the proposed code comes into forceclause 104 of the bill seeks to provide for repeal and savings the enactments which are being repealed are enumerated in the clause financial memorandum clause 44 of the bill provides for the constitution of the industrial tribunal consisting of two members, namely, one judicial member and one administrative member similarly, clause 46 of the bill provides for the national industrial tribunal consisting of two members, namely, one judicial member and one administrative member at present, the industrial tribunal is comprised only of a presiding officer and similarly the national industrial tribunal is comprised of a presiding officer in this way, the increase in the members of the both industrial tribunal and the national industrial tribunal will increase the expenditure from the consolidated fund of india, when the proposed code will be enacted and brought into operation such expenditure is estimated to be twelve crore rupees as recurring and one crore rupees as non-recurring memorandum regarding delegated legislationcertain provisions of the bill empower the central government or the state government or the appropriate government, as the case may be, to issue notification for various purposes2 sub-clause (g) of clause 2 of the bill empowers the appropriate government to appoint a certifying officer by notification to perform the functions of a certifying officer under the provisions of chapter iv3 sub-clause (p) of clause 2 of the bill empowers the central government to specify any other activity which could be excluded from the definition of "industry"4 sub-clause (1) of clause 5 of the bill empowers the state government to appoint a person to be the registrar of trade unions by notification, and other persons as additional registrar of trade unions, joint registrar of trade unions and deputy registrar of trade unions who shall exercise such powers and perform such duties of the registrar as the state government may, by notification, specify from time to time5 explanation to sub-clause (1) of clause 23 of the bill empowers the appropriate government to specify any sector as "unorganised sector" by notification6 clause 39 of the bill empowers the appropriate government to exempt by notification, conditionally or unconditionally, any industrial establishment or class of industrial establishments from all or any of the provisions of chapter iv7 clause 41 provides that where the appropriate government is of the opinion that the application of the provisions of clause 40 to any class of industrial establishments or to any class of worker employed in any industrial establishment affect the employers in relation thereto so prejudicially that such application may cause serious repercussion on the industry concerned and that public interest so requires, the appropriate government may, by notification, direct that the provisions of the said section shall not apply or shall apply, subject to such conditions as may be specified in the notification, to that class of industrial establishments or to that class of workers employed in any industrial establishment8 sub-clause (1) of clause 43 of the bill empowers the appropriate government to appoint by notification such number of persons, as it thinks fit to be conciliation officers, charged with the duty of mediating in and promoting the settlement of industrial disputes9 sub-clause (1) of clause 44 of the bill empowers the appropriate government to constitute by notification one or more industrial tribunals for the adjudication of industrial disputes and for performing such other functions as may be assigned to them under this bill10 sub-clause (1) of clause 46 of the bill empowers the central government to constitute by notification one or more national industrial tribunals for the adjudication of industrial disputes which, in the opinion of that government, involve questions of national importance or are of such a nature that industrial establishments situated in more than one state are likely to be interested in, or affected by, such disputes11 clause 70 of the bill, inter alia, provides that no worker employed in any industry who has been in continuous service for not less than one year under an employer shall be retrenched by that employer until notice in such manner as may be provided by rules is served on the appropriate government or such authority as may be specified by the appropriate government by notification12 clause 77 of the bill, inter alia, provides that the provisions of chapter x shall apply to an industrial establishment (not being an establishment of a seasonal character or in which work is performed only intermittently) in which not less than three hundred workers, or such number of workers as may be notified by the appropriate government, were employed on an, average per working day in the preceding twelve months13 sub-clause (1) of clause 83 empowers the appropriate government to set up by notification a fund to be called the worker re-skilling fund14 sub-clause (1) of clause 89 of the bill empowers the appropriate government to specify a gazetted officer for the purpose of compounding offences in accordance with the provisions of the said clause15 sub-clause (3) of clause 92 of the bill provides that the central government may, by notification, and for reasons to be stated therein, empower a tribunal constituted by the state government to entertain and dispose of the cases arising within their respective jurisdiction under the provisions of the bill where the appropriate government is the central government16 sub-clause (1) of clause 96 of the bill provides that where the appropriate government is satisfied in relation to any industrial establishment or undertaking or any class of industrial establishments or undertakings carried on by a department of that government that adequate provisions exist to fulfil the objects of any provision of this bill, it may, by notification, exempt, conditionally or unconditionally such establishment or undertaking or, class of establishments or undertakings from that provision of this code further, sub-clause (2) of the said clause provides that notwithstanding anything contained in sub-clause (1), where the appropriate government is satisfied that it is necessary in the public interest so to do, it may, by notification, exempt, conditionally or unconditionally, any new establishment or new undertaking or class of new establishments or new undertakings from all or any of the provisions of this code for such period from the date of establishment of such new industrial establishment or new undertaking or class of new establishments or new undertakings, as the case may be, as may be specified in the notification17 sub-clause (1) of clause 101 empowers the central government to add to or alter or amend by notification the first schedule or the second schedule or the third schedule and sub-clause (2) of the said clause provides that every such notification issued by the central government is required to be laid before each house of parliament18 sub-clause (1) of clause 99 empowers the appropriate government, subject to the condition of previous publication, to make rules for carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include: (a) written agreement between the employer and worker arrived at otherwise than in the course of conciliation proceeding to arrive at a settlement under sub-clause (zf) of clause 2; (b) constitution of works committee and choosing of representatives of employer and workers engaged in the establishment under clause 3; (c) manner of choosing members from the employer and the workers for grievance redressal committee under sub-clause (2) of clause 4; (d) application in respect of any dispute to be filed before the grievance redressal committee by any aggrieved worker under sub-clause (5) of clause 4; (e) manner of filing application for the conciliation of grievance as against the decision of the grievance redressal committee to the conciliation officer under sub-clause (8) of clause 4; (f) the payment of a subscription by members of the trade union and donation from such members and others under sub-clause (f) of clause 7; (g) manner of annual audit under sub-clause (j) of clause 7; (h) form of declaration to be made by an affidavit and the manner of making the same under sub-clause (1) of clause 8;(i) general statement of the assets and liabilities of the trade union prepared in such form and containing such particulars under sub-clause (2) of clause 8; (j) the form of application for registration under sub-clause (1), and the form of issuing certificate of registration to be issued by the registrar to the applicant trade union under sub-clause (2), of clause 9; (k)the form of entering the name and other particulars of trade union in a register maintained by the registrar in this behalf under sub-clause (3) of clause 9; (l) verification of application of the trade union under sub-clause (5) of clause 9; (m) period within which appeal is to be preferred by trade union to tribunal under sub-clause (1) of clause 10; (n) sending of communication and notices under sub-clause (1) and the manner to inform the registrar under sub-clause (3) of clause 11; (o) matters on which negotiating union or negotiating council, as the case may be, in an industrial establishment may negotiate with the employer of the industrial establishment under sub-clause (1) and the criteria to be followed by the employer of industrial establishment under sub-clause (2), of clause 14; (p) manner of verification of workers on the muster roll of the industrial establishment, under sub-clauses (3) and (4) and the facilities to be provided by industrial establishment to a negotiating union or negotiating council under sub-clause (7), of clause 14; (q) the objects under sub-clause (1) and sub-clause (2) and the subscription payable under sub-clause (4), of clause 15; (r) manner of making application for adjudication before the tribunal under sub-clause (1) of clause 22; (s) the manner of amalgamation under sub-clause (2), and the manner of sending signed amalgamation to the registrar of different state under sub-clause (3), of clause 24; (t) distribution of funds of the trade union on dissolution by registrar under sub-clause (2) of clause 25; (u) the date before which a general statement shall be forwarded annually to the registrar, the particulars to be contained in general statement and its form, the person by whom and the manner in which such general statement shall be audited under sub-clause (1) of clause 26; (v) manner of recognition of a trade union or a federation of trade unions by the state government as a state trade union at the state level and the authority and the manner of deciding dispute by it under sub-clause (2) of clause 27; (w) the manner of forwarding information to the certifying officer under sub-section (2) of section 30 and the period within which the amendment of standing order is to be done as observed by the certifying officer under the proviso thereof; (x) manner of choosing representatives of the workers of the industrial establishment or undertaking for issuing notice by certifying officer, where there is no trade union operating, under sub-clause (5) and the manner of authentication of certified standing orders under sub-clause (8), of clause 30; (y) statement to be accompanied with draft standing orders under sub-clause (9) of clause 30; (z) conditions for submission of draft standing orders by group of employers in similar establishment under sub-clause (10) of clause 30; (za) manner of disposal of appeal by the appellate authority under clause 32; (zb) the manner of sending copies of the order of the appellate authority under sub-clause (1) and the language and the manner of maintaining standing order under sub-clause (2) of clause 33; (zc) form of register for filing finally certified standing orders by the certifying officer and fee for furnishing certified copy of such orders under clause 34; (zd) application for modification of standing orders to be made before certifying officer under sub-clause (2) of clause 35; (ze) the manner of giving of notice of the nature of the change proposed to be effected under sub-clause (i) of clause 40; (zf) form of arbitration agreement and the manner to be signed by the parties thereto under sub-clause (3) of clause 42; (zg) manner of issuance of notification where an industrial dispute has been referred to arbitration under sub-clause (5)of clause 42; (zh) manner of choosing representatives of the workers where there is no trade union under the proviso to sub-clause (5) of clause 42; (zi) manner of filling up the vacancy under sub-clause (9) of clause 44; (zj) the procedure for selection, salaries and allowances and other terms and conditions of judicial and administrative members of the national industrial tribunal under sub-clause (6) of clause 46; (zk) such other matters in respect of which a conciliation officer, tribunal and national industrial tribunal shall have the same powers as are vested in a civil court under the code of civil procedure,1908 under sub-clause (3) of clause 49; (zl) manner of holding conciliation proceedings under sub-clause (1), form of full report under sub-clause (4), and the form of application and the manner of deciding such application under sub-clause (6), of clause 53; (zm) the number of persons by whom the notice of strike shall be given, the person or persons to whom such notice shall be given, and the manner of giving such notice, under sub-clause (4) of clause 62; (zn) manner of giving notice of lock-out under sub-clause (5) and the authority under sub-clause (6) of clause 62; (zo) manner of serving notice before retrenchment of a worker employed in the industry who has been in continuous service for not less than one year by an employer on the appropriate government or such authority as may be specified by the appropriate government by notification under sub-clause (c) of clause 70; (zp) manner in which the employer shall give an opportunity to the retrenched workers who are citizens of india to offer themselves for re-employment under clause 72; (zq) manner in which the employer shall serve notice on the appropriate government stating clearly the reasons for the intended closure of the undertaking under sub-clause (1) of clause 74; (zr) manner of making application by the employer stating clearly the reasons for the intended lay-off and the manner of serving copy of such application to workers under sub-clause (2) of clause78; (zs) manner of applying to the appropriate government or the specified authority for permission to continue the lay-off by the employer under sub-clause (3) of clause 78; (zt) time limit for review under sub-clause (7) of clause 78; (zu) manner of making application by the employer stating clearly the reasons for the intended retrenchment and the manner of serving copy of such application to workers under sub-clause (2) of clause 79; (zv) time limit for review under sub-clause (6) of clause 79; (zw) manner of making application by the employer stating clearly the reasons for the intended closing down of an undertaking of an industrial establishment and the manner of serving copy of such application to the representatives of workers under sub-clause (1) of clause 80; (zx) time limit for review under sub-clause (5) of clause 80; (zy) contribution from such other sources to be made to the worker re-skilling fund under sub-clause (2) of clause 83; (zz) manner of utilisation of fund under sub-clause (3) of clause 83; (zza) manner of composition of offence by a gazetted officer specified under sub-clause (1) of clause 89; (zzb) manner of making application for the compounding of an offence specified under sub-clause (4) of clause 89; (zzc) manner of making complaint by an aggrieved employee under clause 91; (zzd) manner of authorisation of worker for representing in any proceeding under sub-clause (1) of clause 94; (zze) manner of authorisation of employer for representing in any proceeding under sub-clause (2) of clause 94; and (zzf) any other matter which is required to be, or may be, provided by rules under the provisions of this code19 sub-clause (3) of clause 99 of the bill empowers the central government to make rules for the manner of recognition of a trade union or federation of trade unions by the central government as a central trade union at the central level and the authority and the manner of deciding dispute by it under sub-clause (1) of clause 27 and the manner of holding an enquiry under sub-clause (1) of clause 8520 sub-clause (4) of clause 99 provides that every rule made under the said clause is required to be laid before state legislature and sub-clause (5) of the said clause provides that every rule made by the central government is required to be laid before each house of parliament21 the matters in respect of which rules may be made are matters of procedure or administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto consolidate and amend the laws relating to trade unions, conditions of employment in industrialestablishment or undertaking, investigation and settlement of industrial disputes and for matters connected therewith or incidental thereto————[shri santosh kumar gangwar, minister of state labour and employment (independent charge)]mgipmrnd—496ls(s3)—15092020 | Parliament_bills | 4bd5349b-f203-57d3-8d05-f623da47745c |
bill no vii of 2007 the violent and indecent video games (prohibition on distribution, sale and advertisement) bill, 2007 a billto provide for prohibition on distribution, sale and advertisement of video games showingviolence and indecency in their operations 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 violent and indecent video games (prohibition on distribution, sale and advertisement) act, 2007short title, extend and commencement(2) it shall extend to the whole of india(3) it shall come into effect with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in case of a state the government of that state and for all other purposes the central government;(b) "sale" includes giving on rent or allowing free access to game on internet;(c) "prescribed" means prescribed by rules made under this act;60 of 1986 45 of 1860(d) words and expressions used in this act but not defined and defined in the indecent representation of women (prohibition) act, 1986 and the india penal code shall have the meaning respectively assigned to them in these acts3 (1) no person shall distribute, sell or advertise such video games in the country which contain violence, bloodshed and indecent material or representation(2) the central government shall not allow import of such video games in the country which are showing violence and indecencyprohibition on distribution, sale and advertisement of violent and indecent video games4 (1) it shall be the duty of the appropriate government to monitor the contents of video games available with in its territorial jurisdiction and notify such video games which certain violence and indecencyappropriate governmentto monitorthe contents of games(2) the appropriate government shall from time to time, issue directions to the concerned authority and the police about the procedure to be followed in monitoring violent and indecent games in the market in such manner as may be prescribed5 if any portal or website is selling any violent or indecent video games the central government shall block the portal or the website:provided that the central government shall not block any portal or website without giving their representatives a reasonable opportunity of being heardthe central government to block the portals/ websites selling violent and indecent games6 it shall be the responsibility of each parent to check the content of the video game they are giving to their children or the games being acquired by children themselves and evaluate the ratings given on these video gamesparents to check the contents of games7 every school shall design/create curricula to guide advice children to reduce their total screen time and the type of games to be playedschools to issue guidelines to students on games8 every new game launched in the country in any manner shall be subject to the approval of children films society of indiagames to be launched withthe approvalof children films society of indiapenalty9 whoever contravenes or attempts to contravene or abets the contravention of theprovisions of this act shall be punishable with imprisonment for a term, which may extend to three years or with fine, which may extend to five lakh rupees or with bothoffences by companies10 where a person committing a contravention of any of the provisions of this act orof any rule, direction or order made thereunder is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of business of the company as well as the company, shall be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such 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 firmpower to remove difficulties11 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 difficult: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 act12 the provisions of this act shall be in addition to, and not in derogation of, the provisions in any other law, for the time being in force, relating to violent and indecent video gamespower to make rules13 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonschildren in today's world are growing in a totally different kind of environment the tools for play and entertainment are video games many of which are violent and indecent duke nankeen, max, payne, elite warriors, hitman, commandoes, dooms are all names of most popular video games in the market right now all these are war or killing games which children are exposed to from the age of three years and above these games are highly engaging and interactive unlike watching programmes on tvapart from this, there are a host of free video games available on internet many with warning that the games may contain explicit scenes of blood and gore according to medical experts, recurrent viewing of scenes of blood and gore causes defiance in child so with slight provocation, anger or hostility, the defiance is often directed at parents it further says that children also develop insensitivity to pain and bloodshed in the absence of adequate inputs from parents and teachers about the basic human right of letting other persons to live these children become less caring and helpful towards their peersas a result, the new kid on the block is an angry young child he devotes hours before screen playing these violent and indecent games most of the parents do not check the contents of the games and just give into the demands of the children which come very cheap at 50 rupees a game parents here have an important role to play psychologists have found that when parents limit the time as well as the type of game their children play, children are less likely to show aggressive behaviour it is otherwise also reflecting bad on the kids as instead of going to play out door games, they are sitting hours together before the tv or computer screen children are not born violent; they are made violent they become conditioned to associate violence with fun, as part of normal life the end result of unmonitored video violence is that we are training an army of kids there were several incidents in other countries where children went into unprovoked shooting spree killing many innocents the same is the case with indecent games which are, at times, marked for adults but land in the hands of children due to apathy of the shop keeper in selling those games to right kind of persons these games allow player to watch strip shows, depict nudity, sexual conduct and other contents harmful to minors there is an urgent need to ban these games containing violence, bloodshed and indecent material from the reach of the children and save the future of the societyhence this billmahendra mohan memorandum regarding delegated legislationclause 13 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 of normal character rajya sabha————— a billto provide for prohibition on distribution, sale and advertisement of video games showingviolence and indecency in their operations in the country and for matters connectedtherewith or incidental thereto—————(shri mahendra mohan, mp)mgipmrnd—1219rs—16-03-2007 | Parliament_bills | a8ed2f21-7b40-5504-853e-69004f8c1c55 |
bill no 5s of i"s· the life insurance corporation (amendment) bill, 1965 a billfurther to amend the life insurance corporation act, 1956 be it enacted iby parliament in the sixteenth year of the republic of india as follows:-1 this act may be called the life (amendment) act, 1965 insurance corporation short title 31 of 1956 5 2 in the life insurance corporation act, 1956 (hereinafter referred to as the principal act), in section 2~, far the words "business ::::t!i' , of the corporation, including a valuation of the liabilities of the section 26 corporation", the words "life insurance business of the corporation, including a valuation of the liabilities of the corpora-10 tion in respect thereto" shall be substituted 3 for section 28 of the principal act, the following--s-ection shall-----be substituted and shall be deemed always to have been so substituted, namely:-substitution of new section for section 28 surplus from lite insurance business how to be utilized "28 u as a result of ally investi,ation undertaken by the corporation under section 26 any surplus emer~, ninety-five 5 per cent of such surplus or such hi,her percentace thereuf rs the central governmedt may approve shall be adocated to or reserved for the life insurance policy-holders of the-::'corporation and after meetinl the liabilities of the corporation, if any, which may arise under section 9, the remainder shall be paid to 10 the centrbl government or, if that government so directs, be utilized for such purposes and in such manner as that government may determine" 4 after section 28 of the principal act, the following shall be inserted, namely:-section insertion of new section 28a 1c28a if for any financial year profits accrue from any business (other than life insurance business) carried on by the corporation, then, after making provision for reserves and other matters for which provision is necessary or expedient, the balance_ of such proftts shall be paid to the central government" is profits from any business (other than life insurance business) how to be utilized statement of objects and reasonssection 28 of the life insurance corporation act, 1956, provides that where an actuarial valuation under section 26 discloses a surplus, the remainder of the surplus after allocation of not less than 95 per cent thereof to policy-holders, "may be utilized for such purposes and in such manner as the central government may determine" this provision was intended to eoeii1e: government to appropriate this portion of the surplus to the central government revenue, if they so desired accordingly, during each of the last four valuations, a part of the surplus was appropriated to central revenues in a recent case, the supreme court observed that while the central government may determine the manner in which tile remainder of the surplus may be utilized, it could not appropriate it as revenue the amendmedt, which is retrospective, is designed to give ii!ftect to the orfljnal intention, while making it clear that the liabilities which devolved on the corporation under section 9 of the act but which were not payable out of the life insurance fund would constitute a first charge on the surplus remaining after allocation to policy-holders 2 opportunity is taken to clarify that the profits of any insurance business, other than life insurance business, carried on by the corporation would be payable to government 3 the bill seeks to achieve the above objects new delhi; t t krishnamacharr the 30th august, 1965 president's recommendation unde&- article 117 of the constitution of india[copy of letter dated september 3, 1965 from shri t t krishnamachari minister of finance to the secretary, lok sabha] , the president having been informed of the subject matter of the bill further to amend the life insurance corporation act, 1956 recommends, under clauses (1) and (3) of article 117 of the constitution, the introduction and f>nsideration of the said bill in the lok sabba during its current session financial memorandumclause 3 of the bill amends with retrospective e1fect section 28 of the act to regularise payments hitherto made under the section to the central government to the extent that such payments are in excess of the liabilities of the corporation under section 9 the liabilities under section 9 relate to certain deposits which some erstwhile insurers had collected and whicb·~ repayable only out of surpluses disclosed at future valuations in a recent case, the supreme court has held that such deposits will have to be repaid out of the balances left over after payment to the policy-holders of not less than ninety-five per cent of the surpluses disclosed at the valuations of the corporation such deposits together with interest amount to about rs '18 lakhs and will' have to be repaid out of the consolidated fund of india as, in the past, the balances were appropriated to central revenues without meeting such liabilities extracts --om the lu'i insultance corporation act, 1958 (31 of 1956)28 the corporation shall, once at least in every two years, cause actuaan -investigation to be made by actuaries into the financial condition rial of the 'business of the corp&r8tion; including a valuation of the iiabi- v:alua lities of the corporation, and submit:""d-:!\ltport of the actuaries to tiona the central government surplua how to be utlllhd 28 if as a result of any investigation undertaken by the corp~ ration under section 28 any surplus emerges, not less than 96 per cent of such surplus shall be allocated to or reserved for the policyholders of the corporation and the remainder may be utilised for such purposes and in such m8luler as the central government may determine a bill further to amend the life insurance corporation act, 1956 - (shri t t krishnamat:hari, minister of finimt:s) | Parliament_bills | 63cb0e0d-2d60-512c-811f-e18ac6b5c42d |
bill no 226 of 2018 the farmers (guaranteed income and welfare) bill, 2018 by adv joice george, mp a billto provide for the constitution of farmers welfare fund to ensure guaranteed income to farmers irrespective of natural calamity or price fall and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the farmers (guaranteed income and welfare) act, 2018short 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, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "agricultural produce" means any agricultural produce grown by the farmer;(b) "farmer" means a person possessing agricultural land measuring not more than ten acres and have no major income from any source other than agriculture operations;(c) "fund" means farmers welfare fund constituted under section 4;5(d) "guaranteed income" means assured income to the farmer from the agricultural produces, fixed and declared by the central government under section 3;10(e) "natural calamity" includes drought, flood, cyclone, hailstorm, landslide, cloud burst, tsunami, earthquake or fire especially in forest and adjacent areas or such other conditions as may be notified by the appropriate government, from time to time, and(f) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, declare guaranteed income for each crop, in every financial year15central government to declare guaranteed income for farmers(2) the declaration of guaranteed income under sub-section (1) shall be on the basis of the cost of production including the value of manpower employed for producing each cropconstitution of farmers welfare fund4 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the farmers welfare fund for carrying out the purposes of this act20(2) the central government and the state governments shall contribute to the fund in such ratio as may be prescribed(3) such other sums as may be received by way of donation, contribution or assistance or otherwise including money received as corporate social responsibility from corporate sector shall also be credited to the fund255 (1) the central government shall, by notification in the official gazette, constitute a board to be known as the farmers welfare board for the purpose of administering the fundconstitution of farmers welfare board(2) the board shall consist of—30(a) a chairperson, to be appointed by the central government in such manner as may be prescribed;(b) one representative of the niti aayog; (c) one representative of every state government; (d) three members representing the agro-based commerce and industry sector, to be appointed by the central government in such manner as may be prescribed;35(e) three representatives of the farmer, to be appointed by the central government in such manner as may be prescribed;(f) three members of parliament representing states where agriculture is the main stay of population; and40(g) the secretary of the union ministry of agriculture and farmers welfare who shall be ex-officio secretary to the board (3) the salary and allowances payable to and other terms and conditions of service of chairperson, members and other officers and staff of the board shall be such as may be prescribed45(4) the central government shall provide to the board such number of officers and staff as may be required for its efficient functioningfunctions of the board6 (1) the board shall take such steps, as it may deem appropriate, for the welfare of farmers(2) without prejudice to the generality of the foregoing provision, the board shall ensure the following provisions for the benefit and welfare of farmers, namely:—5(a) good quality seeds, manure, pesticides, fertilizers and other necessarytools and machineries at reasonable price as per their requirements;(b) uninterrupted power and water supply at reasonable rates for agriculturaloperation;10(c) fix and declare minimum support prices of agricultural commodities beforethe sowing seasons after taking into consideration all the relevant factors and in particular the following factors, namely:—(i) input cost including capital investment; (ii) labour charges; (iii) maintenance cost of the farm;15(iv) transportation and marketing facilities for agricultural produce; (v) payment of adequate compensation to farmers or their family membersin case of accident or death during agricultural operations;(vi) free medical and health insurance facilities to the farmers and theirfamily members;20(vii) adequate cold storage facility for agricultural products at appropriateplaces;(viii) provision of loan facilities or financial assistance to farmers; (ix) provision of a comprehensive crop insurance scheme for reparationof loss of crops due to natural calamities; and25(x) a guaranteed income for farmers so that agriculture and alliedactivities may be adopted by public as a profession7 the central government may give such directions to the state government as it may think necessary for the purposes of this actcentral government to issue directions308 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate funds to the farmers welfare board for carrying out the purposes of this actcentral government to provide adequate funds to farmers welfare board9 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact not inconsistent with other laws35power to remove difficulty10 if any difficulty arises in giving effect to the provisions of this act, the central government may make such order or give such direction, not inconsistent with the provisions of this act, as may appear to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this actpower to make rules11 (1) the central government may, by notification in the official gazette, makes rules for carrying out the purposes of the act510(2) every rule made under this section shall be laid before each house of the 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 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 reasonsagriculture supports more than half of india's population, but the per capita income of farmers is only about one-fifth of the average per capita income of the country moreover, the farming community now has been experiencing a situation of distress on account of several factors, such as rising lost of production, increasing frequency of extreme climatic events, viz droughts, heat waves and floods, and vagaries of guaranteed incomecurrently, a farmer is born in debt, live in debt and dies is debt due to total negligence and non-remunerative, people are not preferring agriculture as a profitable profession in short, an immediate effective intervention by the government to safeguard the dreams, hopes and aspirations of agrarian people, is the need of the hour the establishment of farmers welfare board, will lend a helping hand for the poor farmers to remove indebtedness and social insecurity by providing guaranteed incomehence this billnovember 19, 2018 financial memorandumclause 4 of the bill provides for the constitution of a farmers welfare fund by the central government it further provides that the state government shall contribute to the fund in such ratio as may be prescribed clause 5 provides for constitution of a farmers welfare board clause 6 provides for utilisation of fund by the board for welfare of farmers including guaranteed income for each crop the bill, therefore, if enacted will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees one hundred crore per annum would involve from the consolidated fund of indiaa non-recurring expenditure of about rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the constitution of farmers welfare fund to ensure guaranteed income to farmers irrespective of natural calamity or price fall and for matters connected therewith or incidental thereto————(adv joice george, mp)mgipmrnd—2121ls(s3)—19-12-2018 | Parliament_bills | 011b4322-bfb5-56d5-bdf3-1935f6ce82e9 |
bill no 241 of 2016 the narcotic drugs and psychotropic substances (amendment) bill, 2016 bydr dharam vira gandhi, mp a billfurther to amend the narcotic drugs and psychotropic substances act, 1985be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencement61 of 1985amendment of section 12 in section 1 of the narcotic drugs and psychotropic substances act, 1985(hereinafter referred to as the principal act), in sub-section (1), for the words "narcotic drugs and psychotropic substances", the words "hard drugs" shall be substituted3 throughout the principal act,—5(a) for the words "narcotic drugs and psychotropic substances", wherever they occur, the words "hard drugs" shall be substituted; andsubstitution of references to certain expression by certain other expression(b) for the words "narcotic drugs or psychotropic substances", wherever they occur, the words "hard drugs" shall be substituted 4 in section 2 of the principal act,—amendment of section 210(a) clauses (viiia) and (viiib) shall be renumbered as clauses (viiic) and (viiid), respectively, and, before clauses (viiic) and (viiid) as so renumbered, the following clauses shall be inserted, namely:—'(viiia) "drug" means a substance the use of which affects biological or neurological state of a person;15(viiib) "hard drug" means a drug specified in the schedule the use of which leads to significant physical or psychological addiction or degradation of a person but does not include a soft drug;'; (b) clause (xxiii) shall be omitted; (c) after clause (xxiiia), the following clause shall be inserted, namely:—20'(xxiiib) "soft drug" means a drug the use of which does not lead to significant physical or psychological dependence or degradation of a person;'; and (d) after clause (xxviiia), the following clause shall be inserted, namely:—25'(xxviiib) "voluntary declaration" means a declaration made by a person without any coercion or force about his being an addict of any narcotic drug or psychotropic substance or hard drug;'amendment of section 35 in section 3 of the principal act, for the words "psychotropic substances", the words "hard drugs" shall be substitutedamendment of section 4306 in section 4 of the principal act, in sub-section (2), after clause (da), the following clause shall be inserted, namely:—"(db) introduction of mechanism for authorised and monitored sale of soft drugs with such cap on profit to be made by a retailer on the sale of soft drugs, as the central government may determine;"amendment of section 67 in section 6 of the principal act, after sub-section (2), the following proviso shall be inserted, namely:—35"provided that the members of the committee shall be certified experts in matters pertaining to hard drugs;" 8 in section 7a of the principal act,—amendment of section 7a(a) in sub-section (1), after clause (d), the following clause be inserted, namely:—40"(e) such portion of income from authorised sale of soft drugs as may be determined, from time to time, by the central government;''; and(b) in sub-section (2),—(i) for clause (c), the following clause shall be substituted, namely:—45"(c) identifying addicts and treating and rehabilitating them in dedicated rehabilitation centres;";(ii) clause (d) shall be omitted; (iii) in clause (e), for the words "drug abuse", the words "the dangers attached with the abuse of hard drugs" shall be substituted;5(iv) in clause (f), the words "at dedicated rehabilitation centres" shall be added at the end; and(v) after clause (f) the following clause shall be inserted, namely:—"(g) setting up of drug abuse control and prevention centres at state and district levels to assist the hard drugs consultative committee in combating abuse of hard drugs" 9 for section 8 of the principal act, the following section shall be substituted, namely:—10substitution of new section for section 8 prohibition of certain operations15"8 no person shall produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-state, export inter-state, import from india, export from india or tranship any hard drug or its substituent listed under the rules or the orders made under this act, except for medical or scientific purposes and in the manner and to extent provided by the provisions of this act or the rules or orders made thereunder and in case where any such provision, imposes any requirement by way of licence, permit or authorisation, the terms and conditions of such licence, permit or authorisation shall also be adhered to: provided that nothing in this section shall apply to the export of poppy straw for decorative purposes"2010 in section 9 of the principal act,—amendment of section 9(a) in sub-section (1), in clause (a), after sub-clause (va), the following subclause shall be inserted, namely:—25"(vb) the manufacture, cultivation, possession, transport, import inter-state, export inter-state, sale, purchase, consumption or use of hard drugs;(vc) the manufacture, cultivation, possession, transport, import inter-state,export inter-state, sale, purchase, consumption or use of soft drugs;"; and(b) in sub-section (2), after clause (a), the following clauses shall be inserted, namely:—30"(aa) prescribe the forms and conditions of licences or permits for the manufacture, cultivation, possession, transport, import inter-state, export inter- state, sale, purchase, consumption or use of hard drugs and designate the authorities which shall grant such licence or permit and the fee that shall be charged therefor; and35(ab) prescribe the forms and conditions of licences or permits for themanufacture, cultivation, possession, transport, inter-state import or export, sale, purchase, consumption or use of soft drugs and designate the authorities which shall grant such licence or permit and the fee that shall be charged therefor;"11 in section 10 of the principal act,—amendment of section 10(a) in sub-section (1), in clause (a), sub-clause (iii) shall be omitted;40(b) for the words "poppy straw", wherever they occur, the words "components for the manufacture of hard drugs" shall be substituted; and(c) for the word "opium", wherever it occurs, the words "hard drugs" shall be substitutedamendment of section 1412 in section 14 of the principal act, the words "industrial purposes only of" shall be omittedamendment of section 16513 in section 16 of the principal act, for the words "coca plant" and the words "coca leaves", wherever they occur, the words "controlled substances used for the manufacture or production of hard drugs" shall be substitutedamendment of section 2014 existing section 20 of the principal act, shall be numbered as sub-section (1) and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:—''(2) notwithstanding any other provision of law, except as otherwise provided in this section, the following acts done by the consumer shall be lawful and shall not attract any civil or criminal penalty or be the basis for seizure or forfeiture of assets:—10(a) possessing, cultivating, using, displaying, purchasing or transporting soft drugs;(b) consumption of soft drugs except in public; and (c) assisting another person in any of the acts mentioned in clauses (a) and (b)15 in section 21 of the principal act,—15amendment of section 21(a) the words "or uses" shall be omitted; and (b) for the words "manufactured drug" at both the places, the words"manufactured hard drug" shall be substituted2016 after section 22 of the principal act, the following section shall be inserted, namely:—insertion of new section 22a"22a (1) the cultivation of soft drugs shall be subject to the following—restriction on cultivation of soft drugs(a) cultivation of soft drugs shall be at a location where the soft drugs are not accessible to public view;25(b) reasonable precautions shall be taken by the person cultivating the soft drugs to prevent unauthorise access to the soft drugs; and(c) cultivation shall be in a land or premise that is lawfully owned by the person cultivating the soft drugs or cultivation shall be with the consent of the person who is in lawful possession of that land or premise, as the case may be (2) whoever contravenes the provisions of sub-section (1) shall be punished with a fine which may extend upto rupees"3017 for section 27 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 27"27 whoever, consumes any hard drug or its substituent shall,—35punishment for consumption of hard drug(a) where the user is not classified as a repeated offender, be punished with fine which may extend to twenty thousand rupees or remanded to a dedicated rehabilitation or counselling centre for detoxification or be required to undergo community service at a rehabilitation centre or be subject to all the three, that is, the fine, the remand and the community service;(b) if the user has made a voluntary declaration, not attract any criminal liability; and40(c) where the user has been classified as a repeated offender with more than two instances of use of hard drug, be remanded to a dedicated rehabilitation centre followed by compulsory community service"amendment of section 444518 in section 44 of the principal act, for the words "coca plant, the opium poppy or cannabis plant" at both the places, the words "controlled substances used for the manufacture or production of hard drugs" shall be substitutedamendment of section 4619 in section 46 of the principal act, for the words "opium poppy, cannabis plant or coca plant", the words "controlled substances used for the manufacture or production of hard drugs" shall be substitutedamendment of section 47520 in section 47 of the principal act, for the words "opium poppy, cannabis plant or coca plant", the words "controlled substances used for the manufacture or production of hard drugs" shall be substitutedamendment of section 6021 in section 60 of the principal act, in sub-section (1), for the words", the narcotic drug, psychotropic substance, controlled substance, opium poppy, coca plant, cannabis plant", the words "the hard drug, controlled substances used for the manufacture or production of hard drugs'' shall be substituted1022 in section 64a of the principal act, for the words " voluntarily seeks", the words"has made a voluntary declaration" shall be substitutedamendment of section 64a statement of objects and reasonsthe narcotic drugs and psychotropic substances act, 1985, known as ndps act was enacted in order to meet the united nations coventions on drug policy the objective was to prevent rampant drug use in society, as it was believed drugs and intoxicants degrade the moral character of individuals and destabilize well-ordered society it was believed that drugs were an enemy of ordered civilization and the goal was a drug-free worldmost drugs were made illegal anyone found using or possessing such substances was prescribed harsh punishments and large amounts of money was invested in the enforcement of drug restrictions and punishments handed out herewith plants and chemicals used in the manufacture of drugs were strictly controlled and drug enforcement agencies spent large amounts of money and time ensuring that drugs were eradicated from society30 years down the line, where do we stand? the fact of the matter is that the ndps act has not only failed in achieving its professed goals, but this "war on drugs" has delivered results directly opposite to what it was aimed to achieve there can be no better verdict and/ or evaluation of such punitive drug laws than frank admission statement of the united nations conference on 12th march, 2009, admitting that "the war on drugs has failed"the war on drugs has led to the creation of a dangerous drug mafia, scores of human rights violations and destroyed innumerable lives as the common man's recreational substances were made unavailable, the newer, more potent, addictive and dangerous alternative drugs flooded the markets heroin replaced opium, cocaine replaced cannabis, and so on as the drug business involves huge super profits, on one hand it creates business rivalries that on the other hand spill into gang wars and ruthless and aggressive marketing, thus pushing more and more people into the drug world consequently, more and more people are turning to the easily available and aggressively marketed addictive street drugs the ncrb reported in 2014, that there are at least 25,000 individuals accused under the ndps act statistics of the narcotics control bureau (ncb) indicate that number of users arrested contributes to 88% of those jailed under ndps traffickers and distributors are 2% no financers have been arrested the drug mafia operates with impunity, increasing the scale of its operations the un has estimated that drug trade is the largest illegal market in the world, amounting to $300 billion drug money is being used to fund wars and terrorism and creating narco-terrorismindia is currently facing a massive drug problem, with citizens between 15-40 years of age habitually abusing more and more harmful substances as the supply of less harmful, conventional intoxicants is curtailed punjab, mizoram, maharashtra, delhi and himachal pradesh are the worst affected states it is ironic that inspite of loud noises made from different parts of the country, especially punjab and mizoram about the increasing drug menace, resulting in immense death and misery, the ndps act has neither been reviewed or analysed by any government in the pastit has dawned upon nations worldwide that banning all intoxicating substances and imposing criminal liabilities on non-violent users is only worsening the problem it is time to treat drug abuse and addiction as the health issue instead of treating it as a crime against society it is high time to modernize our drug policythe bill, therefore, seeks to amend the narcotic drugs and psychotropic substances act, 1985 with a view to:—(a) substitute the words "narcotic drugs and psychotropic substance" and the words "narcotic drugs or psychotropic substance" with the words 'hard drugs' throughout the parent act;(b) include 'soft drugs' within the purview of the act;(c) empower the central government to take measures for authorised and monitored sale of soft drugs;(d) provide that members of the narcotic drugs and psychotropic substances consultative committee shall be certified experts in matters dealing with narcotic drugs, psychotropic substances and hard drugs;(e) set up drug abuse control and prevention centres at state and district level to combat abuse of narcotic drugs, psychotropic substances and hard drugs;(f) prohibit produce, manufacture, sell, etc of any hard drugs or its substituent except for medical or scientific purposes;(g) empower the central government to permit and regulate the manufacture, cultivation, possession, transport, inter-state import or export, sale, purchase, consumption or use of hard drugs and soft drugs;(h) provide punishment for contravention in relation to the manufacture, cultivation, possession, transport, import inter-state, export inter-state, sale, purchase, consumption or use of soft drugs;(i) provide restriction on cultivation of soft drugs; and (j) provide punishment for consumption of hard drug and exemption of a person making voluntary declaration from prosecution for consumption of hard drugs hence this billnew delhi;dharam vira gandhiaugust 2, 2016 annexure extract from the narcotic drugs and psychotropic substances act, 1985 [no 61 of 1985]1 (1) this act may be called the narcotic drugs and psychotropic substances act,1985short title, extent and commencement definitions2 in this act, unless the context otherwise requires,— (viiia) cultivating any coca plant or gathering any portion of coca plant; (viiib) cultivating the opium poppy or any cannabis plant; (xxiiia) "small quantity'', in relation to narcotic drugs and psychotropic substances, means and quantity lesser than the quantity specified by the central government by notification in the official gazette (xxviiia) "use", in relation to narcotic drugs and psychotropic substances, means any kind of use except personal consumption; 3 the central government may, if satisfied that it is necessary or expedient so to do on the basis of power to add to or omit from the list of psychotropic substances(a) the information and evidence which has become available to it with respect to the nature and effects of, and the abuse or the scope for abuse of, any substance (natural or synthetic) or natural material or any salt or preparation of such substance or material; and(b) the modifications or provisions (if any) which have been made to, or in any international convention with respect to such substance, natural material or salt or preparation of such substance or material by notification in the official gazette, add to, or, as the case may be, omit from, the list of psychotropic substances specified in the schedule such substance or natural material or salt or preparation of such substance or material 4 (2) in particular and without prejudice to the generality of the provisions of subsection (i), the measures which the central government may take under the sub-section include measures with respect to all or any of the following matters, namely: (da) identification, treatment, education, after care, rehabilitation and social reintergration of addicts;central government to take measures for preventing and combating abuse of and illicit traffic in narcotic drugs, etc 6 (2) the committee shall consist of a chairman and such other members, not exceeding twenty, as may be appointed by the central governmentthe narcotic drugs and psychotropic substances consultative committee 7a national fund for control of drug aubse(1) the central government may, by notification in the official gazette, constitute a fund to be called the national fund for control of drug abuse (hereafter in this chapter referred to as the fund) and there shall be credited thereto— (d) any income from investment of the amounts credited to the fund under the aforesaid provisions (2) the fund shall be applied by the central government to meet the expenditure incurred in connection with the measures taken for (c) identifying, treating, rehabilitating addicts; (d) preventing drug abuse; (e) educating public against drug abuse; (f) supplying drugs to addicts where such supply is a medical necessity 8 no person shall(a) cultivate any coca plant or gather any portion of coca plant; or prohibition of certain operations(b) cultivate the opium poppy or any cannabis plant; or (c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-state, export inter-state, import into india, export from india or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or autorization also in accordance with the terms and conditions of such licence, permit or authorization: provided that, and subject to the other provisions of this act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import inter-state and export inter-state of ganja for any purpose other than medical and scientific purpose shall take effect only from the date which the central government may, by notification in the official gazette, specify in this behalf:provided further that nothing in this section shall apply to the export of poppy straw for decorative purposes9 (1) subject to the provisions of section 8, the central government may, by rules—(a) permit and regulate— power of central government to permit, control and regulate(va) the manufacture of manufactured drugs (other than prepared opium)but not including manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess; (2) in particular and without prejudice to the generality of the foregoing power, such rules may (va) the manufacture, possession, transport, import inter-state, export inter-state, sale, purchase, consumption and use of essential narcotic drugs: provided that where, in respect of any essential narctoic drug, the state government has granted licence or permit under the provisions of section 10 prior to the commencement of the narcotic drugs and psychotropic substances (amendment) act, 2014, such licence or permit shall continue to be valid till the date of its expiry or for a period of twelve months from such commencement, whichever is earlier"; 10 (1) subject to the provisions of section 8, the state government may, by rules(a) permit and regulate— power of state government to permit, control and regulate(iii) the cultivation of any cannabis plant, production, manufacture, possession, transport, import inter-state, export inter-state, sale, purchase consumption or use of cannabis (excluding charas); special provision relating to cannabis14 notwithstanding anything contained in section 8, government may, by general or special order and subject to such conditions as may be specified in such order, allow cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes 16 whoever, in contravention of any provision of this act or any rule or order made or condition of licence granted thereunder, cultivates any coca plant or gathers any portion of a coca plant or produces, possesses, sell, purchases, transports, imports inter-state, exports inter-state or uses coca leaves shall be punishable with rigorous imprisonment for a term which may extend to ten years or with fine which may extend to one lakh rupeespunishment for contravention in relation to coca plant and coca leaves 20 whoever, in contravention of any provisions of this act or any rule or order made or condition of licence granted thereunder,—(a) cultivates any cannabis plant; orpunishment for contravention in relation to cannabis plant and cannabis(b) produces, manufactures, possesses, sells, purchases, transports, imports inter-state, exports inter-state or uses cannabis, shall be punishable(i) where such contravention relates to clause (a) with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine which may extend to one lakh rupees; and(ii) where such contravention relates to sub-clause (b),—(a) and involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine, which may extend to ten thousand rupees, or with both;(b) and involves quantity lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;(c) and involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:provided that the court may, for reasons to be recorded in the judgement, impose a fine exceeding two lakh rupees21 whoever, in contravention of any provision of this act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-state, exports inter-state or uses any manufactured drug or any preparation containing any manufactured drug shall be punishable,—punishment for contravention in relation to manufactured drugs and preparations(a) where the contravention involves small quantity, with rigorous imprisonment for a term which any extend to six months, or with fine which may extend to ten thousand rupees, or with both;(b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees:provided that the court may, for reasons to be recorded in the judgement impose a fine exceeding two lakh rupees 27 whoever, consumes any narcotic drug or psychotropic substance shall be punishable,—punishment for consumption of any narcotic drug or psychotropic substance(a) where the narcotic drug or psychotropic substance consumed is cocaine, morphine, diacetylmorphine or any other narcotic durg or any psychotropic substance as may be specified in this behalf by the central government by notification in the official gazette, with rigorous imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees; or with both; and(b) where the narcotic drug or psychotropic substance consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both 44 the provisions of sections 41, 42 and 43, shall so far as may be, apply in relation to the offences punishable under chapter iv and relating to coca plant, the opium poppy or cannabis plant and for this purpose references in those sections to narcotic drugs, or psychotropic substance, 1 [or controlled substance], shall be construed as including references to coca plant, the opium poppy and cannabis plant power of entry, search, seizure and arrest in offences relating to coca plant, opium poppy and cannabis plant46 every holder of land shall give immediate information to any officer of the police or of any of the departments mentioned in section 42 of all the opium poppy, cannabis plant or coca plant which may be illegally cultivated within his land and every such holder of land who knowingly neglects to give such information, shall be liable to punishmentduty of land holder to give information of illegal cultivationduty of certain officers to give information of illegal cultivation47 every officer of the government and every panch, sarpanch and other village officer of whatever description shall give immediate information to any officer of the police or of any of the departments mentioned in section 42 when it may come to his knowledge that any land has been illegally cultivated with the opium poppy, cannabis plant or coca plant, and every such officer of the government, panch, sarpanch and other village officer who neglects to give such information, shall be liable to punishment immunity from prosecution to addicts volunteering for treatment64a any addict, who is charged with an offence punishable under section 27 or with offences involving small quantity of narcotic drugs or psychotropic substances, who voluntarily seeks to undergo medical treatment for de-addiction from a hospital or an institution maintained or recognized by the government or a local authority and undergoes such treatment shall not be liable to prosecution under section 27 or under any other section for offences involving small quantity of narcotic drugs or psychotropic substances:provided that the said immunity from prosecution may be withdrawn if the addict does not undergo the complete treatment for de-addiction ———— a billfurther to amend the narcotic drugs and psychotropic substances act, 1985————(dr dharam vira gandhi, mp)gmgipmrnd—2726ls(s3)—21102016 | Parliament_bills | 8147db39-11dc-53e7-952a-eb5e0d3349cf |
bifl no 204 of 1991 pesto clr een a the government of national capital territory bill, 1991 a billto supplement the provisions of the constitution relating to the legislative assembly and a council of ministers for the national capital territory and for matters connected therewith or incidental thereto be it enacted by parliament in the forty-second year of the republic of india as follows: - part i preliminary5 1, (1) this act may be called the government of national capital gyo¢ territory act, 1991 title and com- (2) it shall come into farce on such date as the central government mencemay, by notification in the official gazette, appoint: ment provided that different dates may be appointed for different provisions 10 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,— defini- 3 tions (a) "article" means an article of the constitution; one(b) "assembly constituency" means a constituency - under this act for the purpose of elections to the assembly; , (c) "capital" means the national capital territory; (d) "election commission" means the election c referred to in article 324; (e) "legislative assembly" means the legislative ass the national capital territory; ({) "scheduled castes", in relation to the capital, means castes, races or tribes or parts of or groups within such castes, or tribes as are deemed under article 341 to be scheduled caste relation to the capital part il lecrstative assembly3 (/) the total number of seats in the legislative assembly to be fi by persons chosen by direct election from territorial constituencies shall seventy, (2) for the purpose of elections to the legislative assembly, the capital legislative assembly and its composition shall be divided into single-member assembly constituencies in accordance with the provisions of part he in such manner that the population of each of 20 the constituencies shall, so far as practicable, be the same throughout the capital (3) seats shail be reserved for the scheduled castes in the legislative assembly, and the number of seats so reserved shall bear, as neacly as may be, the same proportion to the total number of seats in the assenibly as the 9; population of the scheduled castes in the capital bears to the total population of the capital and the provisions of article 334 shall apply to such reservation, explanation —in this stth-section, the expression "population" means the population as ascertained in the iast preceding census of which the relevant figures have been published: provided that where such figures have not been published, then for the purposes of elections for the constitution of the first lepistative assembly under this aet, the provisional figures of the population of the capital as published in relation to the 1991 census shall be deemed to be the population of the capital, : 4 a person shall not be qualified to be chosen to fill a seat in the legislative assembly unless he— (a) is a citizen of india and makes and subscribes before person authorised in that behalf by the election commission an o qualification for membership of legislative assembly schedule; (b) is not less than twenty-five years of age; and (c) possesses such other qualifications as may be prescribed that behalf by or under any law made by parliament5 the legislative assembly, unless sooner dissolved, shall continue duration for five years from the date appointed for its first meeting and no longer, of legisand the expiration of the said period of five years shall operate as a_ lative dissolution of the assembly: feo provided that the said period may, while a proclamation of emergency issued under clause (1) of article 352 is in operation, be extended by the president by order for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the proclamation has ceased to operate 10 6 (1) the lieutenant governor shall, from time to time, summon the sessions legislative assembly to meet at such time and place as he thinks fit, but six of legismonths shal] not intervene between its last sitting in one session and the _letive date appointed for its first sitting in the next session £32 sembly, (2) the lieutenant governor may, from time to time - naat i (a) prorogue the assembly; ee (b) dissolve the assembly 7 (1) the legislative assembly shall, as soon as may be, choose two = members of the assembly to be respectively speaker and deputy speaker 93°" thereof and, so often as the office of speaker or deputy speaker becomes deputy 20 vacant, the assembly shall choose another member to be speaker or speaker deputy speaker, as the case may be of legislative (2) a member holding office as speaker or deputy speaker of the pane legislative assembly— (a) shall vacate his office if he ceases to be a member of the 25 assembly; (b) may, at any time by writing under his hand addressed, if such member is the speaker, to the deputy speaker, and if such member is the deputy speaker, to the speaker, resign his office; and (c) may be removed from his office by a resolution of the 39 assembly passed by a majority of all the then members of the assembly: provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution: provided further that whenever the assembly is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the assembly after the dissolution (3) while the office of speaker is vacant, the duties of the office shall be performed by the deputy speaker or, if the office of deputy speaker '4o 38 also vacant, by such member of the assembly as may be determined by the rules of procedure of the assembly (4) during the absence of the speaker from any sitting of the 'assembly, the deputy speaker, or, if he is also absent, such person as may be determined by the rules of procedure of the assembl such person is present, such other person as may be determined b assembly, shall act as speaker (5) there shall be paid to the speaker and the deputy speaker legislative assembly such salaries and allowances as may be re jixed by the legislative assembly by law and, until provision in half is so made, such salaries and allowances as the lieutenant may, with the approval of the president, by order determine 8 (1) at any sitting of the legislative assembly, while any res for the removal of the speaker from his office is under consideration, t speaker, or while any resolution for the removal of the deputy sp from his office is under consideration, the deputy speaker, shall though he is present, preside and the provisions of sub-section (4) o! section 7 shall apply in relation to every such sitting as they apply in relation to a sitting from which the speaker or, as the case may be, the deputy speaker is absent (2) the speaker shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly while any resolution for his removal from office is under consideration in the assembly speaker or deputy speaker not to preside while a resolu- aion for his removal from office is under consideration and shall, notwithstanding anything in section 13, be entitled to vote only in the first instance on such resolution or on any other matter during such proceedings but not in the case of an equality of votes 9 (1) the lieutenant governor may address the legislative assembly and for that purpose require the attendance of members (2) the lieutenant governor may send messages to the assembly 35m whether with respect to a bill then pending in the assembly or otherwise, and when a message is so sent, the assembly shall with all convenient despatch consider any matter required by the message to be taken into consideration right of lieutenant governor to address and send messages to legislative assembly 10 (1) at the commencement of the first session after each general 30 election to the legislative assembly and at the commencement of the first session of each year, the lieutenant governor shall address the legislative assembly and inform it of the causes of its summons special address by the lieutenant governor (2) provision shall be made by rules to be made by the assembly regulating its procedure for the allotment of time for discussion of the 35 matters referred to in such address 11, every minister shall have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly and to speak in, and otherwise to take part in the proceedings of, any committee of the legislative assembly of which he may be named a member, but shall 40 not by virtue of this section be entitled to vote 12 every member of the legislative assembly shall, before taking his seat, make and subscribe before the lieutenant governor, or some person appointed in that behalf by him, an oath or affirmation according to the form set out for the purpose in the schedule13, (1) save as otherwise provided in this act, all questions at any sitting of the legislative assembly shall be determined by a majority of votes of the members present and voting other than the speaker or person acting as such 5 (2) the speaker or person acting as such shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes (3) the legislative assembly shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the 10 legislative assembly shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do, sat or voted or otherwise took part in the proceedings (4) the quorum to constitute a meeting of the legislative assembly shall be one-third of the total number pf members of the assembly 15 (3) if at any time during a meeting of the legislative assembly there is no quorum, it shall be the duty of the speaker, or person acting as such, either to adjourn the assembly or to suspend the meeting until there is a quorum 14, (1) no person shall be a member both of parliament and of the 20 legislative assembly and if a person is chosen a member both of parltament and of such assembly, then, at the expiration of such period as ig specified in or under the representation of the people act, 1951 and the rules made by the president under clause (2) of article 101 and clause (2) of article 190, that person's seat in parliament shall become vacant, 25 unless he has previously resigned his seat in the legislative assembly (2) if a member of the legislative assembly— (a) becomes subject to any disqualification mentioned in section 15 or section 16 for membership of the assembly, or (b) resigns his seat by writing under his hand addressed to the 30 speaker and his resignation is accepted by the speaker, his seat shall thereupon become vacant: provided that in the case of any resignation referred to in clause (b), if from the information received or otherwise and after making such inquiry as he thinks fit, the speaker is satisfied that such resignation is 35 not voluntary or genuine, he shall not accept such resignation (8) if for a period of sixty days a member of the legislative assembly is without permission of the assembly absent from all meetings thereof, the assembly may declare his seat vacant: provided that in computing the said period of sixty days, no account 40 shall be taken of any period during which the assembly is prorogued or is adjourned for more than four consecutive days 15 (1) a person shall be disqualified for being chosen as, and for being, a member of the legislative assembly - (a) if he holds any office of profit under the government of 45 india or the government of any state or the government of any union territory other than an office declared by law made by voting in assembly, power of assembly to act notwithstanding vacancies and quorum disqualifications for membershipparliament or by the legislature of any state or by the assembly of the capital or of any other union territory 1 qualify its holder; or (b) if he is for the time being disqualified for being choser for being, a member of either house of parliament under r sions of sub-clause (b), sub-clause (c) or sub-clause (d) of ela (1) of article 102 or of any law made in pursuance of that a (2) for the purposes of this section, a person shall not be deeme hold an office of profit under the government of india or the govern of any state or the government of any union territory by reason that he is a minister either for the union or for such state or og territory (3) if any question arises as to whether a member of the legislat assembly has become disqualified for being such a member under provisions of sub-section (1), the question shall be referred for the deci- ! sion of the president and his decision shall be final (4) before giving any decision on any such question, the presiden shall obtain the opinion of the election commission and shall 2 according to such opinion disqualification on ground of defeetion 16 the provisions of the tenth schedule to the constitution shall, 20 subject to the necessary modifications (including modifications for construing references therein to the legislative assembly of a state, article 188, article 194 and article 212 as references, respectively, to the legislative assembly, section 12, section 18 and section 37 of this 'act), apply to and in relation to the members of the legislative assembly as they apply to and in relation to the members of the legislative assembly of a state, and accordingly: - (a) the said tenth schedule as so modified shall be deemed to form part of this act; and (b) a person shall be disqualified for being a member of the 30 legislative assembly if he is so disqualified under the said tenth schedule as so modified 17 if a person sits or votes as a member of the legislative assembly before he has complied with the requirements of section 12 or when he knows that he is not qualified or that he is disqualified for membership 35 thereof, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the union 18 (1) subject to the provisions of this act and to the rules and standing orders regulating the procedure of the legislative assembly, there shall be freedom of speech in the legislative assemblypowers, privileges, ete, of snembers (2) no member of the legislative assembly shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the assembly or any committee thereof and no person shall be so liable in respect of the publication by or under the authority of 5 such assembly of any report, paper, votes or proceedings, (3) in other respects, the powers, privileges and immunities of the legislative assembly and of the members and the committees thereof shall be such as are for the time being enjoyed by the house of the people and its members and committees 10 (4) the provisions of sub-sections (1), (2) and (3) shall apply in relation to persons who by virtue of this act have the right to speak in, and otherwise to take part in the proceedings of, the legislative assembly or any committee thereof as they apply in relation to members of that assembly 15 19, members of the legislative assembly shall be entitled to receive such salaries and allowances as may from time to time be delermined by the logis: lative assembly by law and until provision in that behalf is so made, such salaries and allowances 2s the lieutenant governor may, with the approval of the president, by order determine, 20 20 the property of the union shall, save in so far as parliament may by law otherwise provide, be exempted from all taxes imposed by or under any law made by the legislative assembly or by or under any other law in force in the capital: provided that nothing in this section shall, until parliament by law 25 otherwise provides, prevent any authority within the capital from levying any tax on any property of the union to which such property was immediately before the commencement of the constitution liable or treated as liable, so long as that tax continues to be levied in the capital 21 (1) the provisions of article 286, article 287 and article 288 shall 30 4pply in relation to any law passed by the legislative assembly with tespect to any of the matters referred to in those articles as they apply in relation to any law passed by the legislature of a state with respect to those matters (2) the provisions of article 304 shall, with the necessary modifica- 35 tions, apply in relation to any law passed by the legislative assembly with respect to ony of the matters referred to in that article as they apply in relation to any law passed by the legislature of a state with respect to those matters $ 22, (1) a bill or amendment shall not be introduced into, or moved 40 in, the legislative assembly except on the recommendation of the | lieutenant governor, if such bill or amendment makes provision for any of the following matters, namely: - (a) the imposition, abolition, temission, alteration or regulation of any tax; salaries and allowances of members exemption of property of the union from taxation restrictions on laws passed by legislative assembly with res= pect to certain matters, special provi- sions as to financial bills(b) the amendment of the law with respect to any fi gations undertaken or to be undertaken by the govern capital; (c) the appropriation of moneys out of the consolidated the capital; (d) the declaring of any expenditure to be expenditure on the consolidated fund of the capital or the increasing amount of any such expenditure; (e) the receipt of money on account of the consolidated fi of the capital or the custody or issue of such money: provided that no recommendation shall be required under this su section for the moving of an amendment making provision fer the tion or abolition of any tax (2) a bill or amendment shall not be deemed to make provision fe any of the matters aforesaid by reason only that it provides for the position of fines or other pecuniary penalties, or for the demand or pay: ment of fees for licences or fees for services rendered, or by reason it provides for the imposition, abolition, remission, alteration or reg tion 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 the capital shall not be passed by the legislative assembly unless the lieutenant governor has recommended to that assembly the consideration of the bill 23 (1) a bill pending in the legislative assembly shall not lapse by reason of the prorogation of the assembly procedure as to yepsing of bills (2) a bill which is pending in the legislative assembly shall 1 on a dissolution of the assembly assent to bills 24, when a bill has been passed by the legislative assembly, it be presented to the lieutenant governor and the lieutenant govern shall declare either that he assents to the bill or that he withholds therefrom or that he reserves the bill for the consideration of the dent: provided that the lieutenant governor may, as soon as possible the presentation of the bill to him for assent, return the bill if it i: money bill together with a message requesting that the assembly reconsider the bill or any specified provisions thereof, and, in parti will consider the desirability of introducing any such amendments a may recommend in his message and, when a bill is so returned, sembly will reconsider the bill accordingly, and if the bill is p with or without amendment and presented to the lieutenant assent, the lieutenant governor shall declare either that he assents bill or that he reserves the bill for the consideration of the presidprovided further that the lieutenant governor shall not assent to, but shall reserve for the consideration of the president, any bill which,— (a) in the opinion of the lieutenant governor would, if it became law, so derogate from the powers of the high court as to endanger > the position which that court is, by the constitution, designed to fill; or (b) the president may, by order, direct to be reserved for his consideration; or (c) relates to matters referred to in sub-section (5) of section 7 10 or section 19 or section 34 or sub-section (3) of section 43 explanation—for the purposes of this section and section 25, a bill shall be deemed to be a money bill if it contains only provisions dealing with all or any of the matters specified in sub-section (1) of section 22 or any matter incidental to any of those matters and, in either ease, there 15 is endorsed thereon the certificate of the speaker of the legislative assembly signed by him that it is a money bill 25 when a bill is reserved by the lieutenant governor for the consideration of the president, the president shall declare either that he assents to the bill or that he withholds assent therefrom: bills reserved for consideration 20 provided that where the bill is not a money bill, the president may direct the lieutenant governor to return the bill to the legislative assembly together with such a message as is mentioned in the first proviso to section 24 and, when a bill is so returned, the assembly shall reconsider it accordingly within a period of six months from the date of receipt of as such message and, if it is again passed by the assembly with or without amendment, it shall be presented again to the president for his consideration requirements as to sanction, etc 26, no act of the legislative assembly, and no provision in any such act, shall be invalid by reason only that some previous sanction 39 of recommendation required by this act was not given, if assent to that act was given by the lieutenant governor, or, on being reserved by the lieutenant governor for the consideration of the president, by the president annual financial statef ment27 (1) the lieutenant governor shall in respect of every financial year cause to be laid before the legislative assembly, with the previous sanction of the president, a statement of the estimated receipts and expenditure of the capital for that year, in this part referred to as the "annual financial statement" (2) the estimates of expenditure embodied in the annual financial 40 statement shall show separately— (a) the sums required to meet expenditure described by this act as expenditure charged upon the consolidated fund of the capital; and (b) the sums required to meet other expenditure p be made from the consolidated fund of the capital, and shali distinguish expenditure on revenue account from 5 expenditure, op <3) notwithstanding anything contained in any law for the time in force, the following expenditure shall be expenditure charged on consolidated fund of the capital: - (@) the emoluments and allowances of the lieutenant governor and other expenditure relating to his office as determined by president by general or special order; (b) the charges payable in respect of loans advanced to the capital from the consolidated fund of india including interest, sinking fund charges and redemption charges, and other expendi- - ture connected therewith; (c) the salaries and allowances of the speaker and the deputy 15 speaker of the legislative assembly; (d) expenditure in respect of the salaries and allowances of judges of the high court of delhi; (e) any sums required to satisfy any judgment, decree or award of any court or arbitral tribunal; 20 (f) any other expenditure declared by the constitution or by law made by parliament or by the legislative assembly to be so charged procedure in legislative assembly 28 (1) so much of the estimates as relates to expenditure charged upon the consolidated fund of the capital shall not be submitted to 25 the vote of the legislative assembly, but nothing in this sub-section shall be construed as preventing the discussion in the legislative assembly of any of those estimates respect to estimates (2) so much of the said estimates as relates tg other expenditure shall be submitted in the form of demands for grants to the legislative assembly, and the legislative assembly shall have power to assent, or to refuse to assent, to any demand, or to assent to any demand subject to a reduction of the amount specified therein (3) no demand for a grant shall be made except on the recommendation of the lieutenant governor ' 29 (1) as soon as may be after the grants under section 28 have been made by the legislative assembly, there shall be introduced a bill appropriation bills to provide for the appropriation out of the consolidated fund of the capital of all moneys required to meet— (a) the grants so made by the assembly, and () the expenditure charged on the consolidated fund of capital but not exceeding in any case the amount shown in statement previously laid before the assembly(2) no amendment shall be proposed to any such bill in the legislative assembly which will have the effect of varying the amount or altering the destination of any grant so made or of varying, the amount of any expenditure charged on the consolidated fund of the capital and the decision sof the person presiding as to whether an: amendment is inadmissible under this sub-section shall be final (3) subject to the other provisions of this act, no money shall be withdrawn from the consolidated fund of the capital except under appropriation made by law passed in accordance with the provisions of this section 10 30 (1) the lieutenant governor shall, - (a) if the amount authorised by any law made in accordance with the provisions of section 29 to be expended for a particular service for the current financial year is found to be insufficient for the purposes of that year or when a need has arisen during the 15 current financial year for supplementary or additional expenditure upon some new service not contemplated in the annual financial statement for that year, or (») if any money has been spent on any service during a financial year in excess of the amount granted for that service and 20 for that year, cause to be laid before the legislative assembly, with the previous sanction of the president, another statement showing the estimated amount of that expenditure or cause to be presented to the legislative assembly with such previous sanction a demand for such excess, as the 25 case may be (2) the provisions of sections 27, 28 and 29 shall have effect in relation to any such statement and expenditure or demand and also to any jaw to be made authorising the appropriation of moneys out of the consolidated fund of the capital to meet such expenditure or the grant in 30 respect of such demand as they have effect in relation to the annual financial statement and the expenditure mentioned therein or to a demand for a grant and the law to be made for the authorisation of appropriation of moneys out of the consolidated fund of the capital to meet such expenditure or grant 35 31 (1) notwithstanding anything in the foregoing provisions of this part, the legislative assembly shall have power to make any grant in advance in respect of the estimated expenditure for a part of any financial year pending the completion of the procedure prescribed in section 28 for the voting of such grant and the passing of the law in accordance 40 with the provisions of section 29 in relation to that expenditure and the legislative assembly shall have power to authorise by law the withdrawal of moneys from the consolidated fund of the capital for the purposes for which the said grant is made (2) the provisions of sections 28 and 29 shall have effect in relation 48 to the making of any grant under sub-section (1) or to any law to be supplementary, additional or excess grants, votes on accountmade under that sub-section as they have effect in relation to he m of a grant with regard to any expenditure mentioned in the financial statement and the law to be made for the authori appropriation of moneys, out of the consolidated fund of the meet such expenditure 32 notwithstanding anything in the foregoing provisions part, the lieutenant governor may authorise such expenditure consolidated fund of the capital as he deems necessary for a p d more than six months beginning with the date of the consti consolidated fund of the capital, pending the sanction of such ture by the legislative assembly authorisation of expenditure pending its sanction by legislative assembly rules of procedure 33 (1) the legislative assembly may make rules for subject to the provisions of this act, its procedure and the cond its business: provided that the lieutenant governor shall, after consuliat the speaker of the legislative assembly and with the approval president, make rules— (a) for securing the timely completion of financial (b) for regulating the procedure of, and the conduct of b in, the legislative assembly in relation to any financial matter any bill for the appropriation of moneys out of the consolidat of the capital; (c) for prohibiting the discussion of or on, any pipes which affects the d he (2) until rules are made § si (1 dure and standing orders with peapeet to 'the ye the state of uttar pradesh in force immediately before the « ment of this act shall have effect in relation to the legislati subject to such modificaticns and sdaptations as may by the lieutenant governor 3a (1) the legislative assembly may by law adopt more of the languages in use in the capital or hindi language or languages to be used for all or any of the of the capital: tanguage or languages of the provided that the president may by order direct— (i) that the official language of the union shall janguage or lansuch of the official purposes of the capital as may be order; fbe used in legislative assembly (i) that any other language shall also be adopted throughout the capital or such part thereof for such of the official purposes of the capital as may be specified in the order, if the president is satisfied that a substantial proportion of the population of the capital desires the use of that other language for all or any of such purposes (2) the business in the legislative assembly shall be transacted in the official language or languages of the capital or in hindi or in english: tive assembly or person acting provided that the speaker of the legi as such, as the case may be, may permit any member who cannot adequately 10 express himself in any of the languages aforesaid to address the assembly in his mother-tongue 35 notwithstanding anything contained in section 34, until parliament by law otherwise provides, the authoritative texts— (a) of all bills to be introduced or amendments thereto to be moved 15 in the legislative assembly; (b) of all acts passed by the legislative assembly; and (©) of all orders, rules, regulations and bye-laws issued under any law made by the legislative assembly, shall be in the english language: 20 provided that where the legislative assembly has prescribed any language other than the english language for use in bills introduced in, or acts passed by, the legislative assembly or in any order; rule, regulation or byelaw issued under any law made by the legislative assembly, a translation of the same in the english language published under the authority of the a x lieutenant governor in the official gazette sha'l be deemed to be the authe ritative text thereof in the english language 36 no discussion shall take place in the legislative assembly with respect to the conduct of any judge of the supreme court or of a high court in the discharge of his duties 3037 (1) the validity of any proceedings in the legislative assembly shall not be called in question on the ground of any alleged irregularity of procedure (2) no officer or member of the legislative assembly in whom powers are vested by or under this act for regulating procedure or the conduct of business, or for maintaining order in the legislative assembly shall be subject 35 to the jurisdiction of any court in respect of the exercise by him of those powers, language to be used for bills, acts, ete restriction on discussion in the legislative assembly courts not to inquire into proceedings of legislative assembly part iii delimitation of constituencies38 (/) the election commission shall, in the manuer distribute the seats assigned to the legislative assembly under _ single-member territorial constituencies and delimit them haying reg following provisions, namely:— "election commis sion to ~ delimit —— constituencies (a) all constituencies shall, as far as practicable, be deli such manner that the ratio between the population of ee: af 5 tion of their population to the total population is comparatively a (2) the election commission shall— (@) publish its proposals for the delimitation of constituencies in the official gazette and also in such ofher manner as the commission be consider fit, together with a notice inviting objections and suggestions in_ relation to the proposals and specifying a date on or after which the proposals will be further considered by it; () consider all objections and suggestions which may have heen received by it before the date so specified; 20 (c) after considering all objections and suggestions which may haye been received by it before the date so specified, determined by one or more orders the delimitation of constituencies and cause such order or orders to be published in the official gazette; and upon such publication, the order or orders shall have the full force of law and shall not be 75 called in question in any court 39 the election commission may, from time to time, by notification in the official gazette,— power of election commission to maintain (a) correct any printing mistakes in any order made under section 38 or any error arising therein from inadvertent slip or omission; and (b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date 40 (1) for the purpose of constituting the legislative assembly - a general election will be held as soon as may be, after the delimitation of all the assembly constituencies under section 38 (2) for the purposes of sub-section (1), the lieutenant governor shall, by one or more notifications published in the official gazette, call upon 4 all the said assembly constituencies to elect members in accordance the provisions of the representation of the people act, 1951, and of rules and orders made or issued thereunder as applicable under section (3)43 of 1950 (3) the representation of the people act, 1950, the representation 43 of 1951 of the people act, 1951, the rules and orders made or issued under the said acts and all other laws for the time being in force relating to elections shall apply with necessary modifications (including modifica- 5 tions for construing references therein to a state, state government and governor as including references to the capital, government of the capital and lieutenant governor, respectively) to, afd in relation to, the general election referred to in sub-section (1) part iv 1c certain provisions relating to lieutenant governor and ministers41 (1) the lieutenant governor shall act in his discretion in a matter— (i) which falls outside the purview of the powers conferred on the legislative assembly but in respect of which powers or functions 15 are entrusted or delegated to him by the president; or (ii) im which he is required by or under any law to act in his discretion or to exercise any judicial or quasi-judicial functions (2) if any question arises as to whether any matter is or is not 3 matter as respects which the lieutenant governor is by or tnder any 20 law required to act in his discretion, the decision of the lieutenant governor thereon shall be final (3) if any question arises as to whether any matter is or is not a matter as respects which the lieutenant governor is required by any law to exercise any judicial or quasi-judicial functions, the decision of 25 the lieutenant governor thereon shall be final 42, the question whether any, and if so what, advice was tendered by ministers to the lieutenant governor shall not be inquired into in any court } 43 (1) before a minister enters upon his office, the lieutenant gov- 30 ernor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the schedule (2) a minister who, for any period of six consecutive months, is not a member of the legislative assembly shall, at the expiration of that period, cease to be-a minister 35 (3) the salaries and allowances of ministers shall be such as the legislative assembly may from time to time by law determine, and until the legislative assembly so determines, shal] be determined by the lieutenant governor with the approval of the president matters in which lieutenant governor to act in his discretion advice by ministers other provisions as to ministers44 (1) the president shall make rules— b= conduct of busi- (@) for the allocation of business to the ministers in so - is business with respect to which the lieutenant governor i ed to act on the aid and advice of his council of ministers; (>) for the more convenient transaction of business with ministers, including the procedure to be adopted in the case difference of opinion between the lieutenant governor and council of ministers or a minister (2) save as otherwise provided in this act, all executive action of the lieutenant governor whether taken on the advice of his ministers or otherwise shall be expressed to be taken in the name of the lieutenant governor : 1 (3) orders and other instruments made and executed in the name of the lieutenant governor shall be authenticated in such manner as may be specified in rules to be made by the lieutenant governor and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the lieutenant governor 45 it shall be the duty of the chief minister— (a) to communicate to the lieutenant governor all decisions of 99 the council of ministers relating to the administration of the affairs of the capital and proposals for legislation; : (b) to furnish such information relating to the administration of the affairs of the capital and proposals for legislation as lieutenant governor may call for; and 25 nor, ete (©) if the lieutenant governor so requires, to submit for the consideration of the council of ministers any matter on which a decision has been taken by a minister but which has not been considered by the council part v miscellaneous and transitional provisions46 (1) as from such date as the central government may, by notification in the official gazette, appoint in this behalf, all revenues receiv- consolidated fund of the capital ed in the capital by the government of india or the lieutenant governor in relation to any matter with respect to which the legislative assembly has power to make laws, and all grants made and all loans advanced to the capital from the consolidated fund of india and all money: i by the capital in repayment of loans shall form one consolidated fund to be entitled "the consolidated fund of the national capital territory" (referred to in this act as the consolidated fund of the capital) (2) no moneys out of the consolidated fund of the capital s} be appropriated except in accordance with and for the purposes and the manner provided in this act ,(3) the custody of the consolidated fund of the capital, the payment of moneys into such fund, the withdrawal of moneys therefrom and all other matters connected with or ancillary to those matters shall be regulated by rules made by the lieutenant governor with the approval sof the president 47 (1) there shall be established a contingency fund in the nature of an imprest to be entitled "the contingency fund of the national capital territory" into which shall be paid from and out of the consolidated fund of the capital such sums as may, from time to 10 time, be determined by law made by the legislative assembly; and the said fund shall be held by the lieutenant governor to enable advances to be made by him out of such fund (2) no advances shall be made out of the contingency fund referred to in sub-section (1) except for the purposes of meeting unforeseen 15 expenditure pending authorisation of such expenditure by the legislative assembly under appropriations made by law (3) the lieutenant governor may make rules regulating all matters connected with or ancillary to the custody of, the payment of moneys into, and the withdrawal of moneys from the aforesaid contingency fund 48 the reports of the comptroller and auditor-general of india relating to the accounts of the capital for any period subsequent to the date referred to in sub-section (1) of section 46 shall be submitted to the lieutenant governor who shall cause them to be laid before the legislative assembly 25 _ 49 notwithstanding anything in this act, the lieutenant governor and his council of ministers shall be under the general control of, and comply with such particular directions, if any, as may from time to time be given by, the president 30 50 where the legislative assembly is dissolved or its functioning as such assembly remains suspended, on account of an order made by the president under article 239ab, it shall be competent for the president to authorise when the house of the people is not in session expenditure from the consolidated fund of the capital pending the sanction of such expenditure by parliament 35 51 for the removal of doubts it is hereby declared that— (a) all contracts in connection with the administration of the capital are contracts made in the exercise of the executive power of the union; and (b) all suits and proceedings in connection with the adminis- 40 tration of the capital shall be instituted by or against the govexnment of india contingency fund of the capital audit reports, relation of lieutenant governor and his ministers fo president authorisation of expenditure by president contracts: and suits,to remove difficulties, 52 (1) if any difficulty arises in relation to the provisions of any law by this act or in giving e provisions of this act and in particular in relation to the of the legislative assembly, the president may by order do not inconsistent with the provisions of the constitution or of 1 which appear to him to be necessary or expqdient for the removing the difficulty: provided that no order under this sub-section shall be made expiry of/three years from the date, of constitution of the first li assembly (2) every order made under sub-section ('1) shall be laid house of parliament 53 every rule made by the lieutenant governor under this act be laid, as soon as it is made, before the legislative assembly- ' before legislative 54 in section 27a of the representation of people act, 1950, section (3), the following sub-section shall be substituted, nam bly amendment of section 27a of of 1950 "(3) the electoral college for the union territory of de consist of the elected members of the legislative asse tuted for that territory under the government of n territory act, 1991" 55 the delhi administration act, 1966 is hereby repeal ~ 19 of 1966 the schedule(see sections 4, 12 and 43) forms of oaths or affirmations iiform of oath or affirmation to be made by a candidate for election to the legislative assembly:— "], a b, having been nominated as a candidate to fill a seat swear in the name of god in the legislative assembly do ————————__——— that i solemnly affirm will bear true faith and allegiance to the constitution of india as by law established and that i will uphold the sovereignty and integrity of india" _~ ilform of oath or affirmation to be madé by a member of tlie legislative assembly:— "j, a b,, having been elected a member of the legislative swear in the name of god assembly do that i will bear true faith solemnly affirm and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india and that i will faithfully discharge the duty upon which i am about to enter" tilform of oath of office for a member of the countil of ministers: - swear in the name of god "j, a b do ——_—_—_——__— that i will bear true solemnly affirm faith and allegiance to the constitution of india as by law established, that i will uphold the sovereignty and integrity of india, that i will faithfully and conscientiously discharge my duties as a minister, and that i will do right to all manner of people in accordance with the constitution and the law without fear or favour, affection or ill-will" ivform of oath of secrecy for a member of the council of ministers: - swear in the name of god "1, a b, do ————_—_—_— that i will not directly solemnly affirm or indirectly communicate or reveal to any person or persons any matter which shall be brought under my consideration or shall become known to me as a minister except as may be required for the due discharge of my duties as such minister" statement of objects and reasonsunder the new article 239-aa proposed to be inserted by the constitution (seventy-fourth amendment) bill, 1991, a legislative assembly and - council of ministers will be established for the national territory clause (7)(a) of the said article provides that parliament may by law make provisions for giving effect to or supplementing the provisions contained in, that article and for all matters incidental or consequential thereto, ! 2 in pursuance of the said clause, this bill seeks to make necessary provisions in respect of the legislative assembly and its functioning, including provisions relating to the speaker, deputy speaker, qualifications or disqualifications for membership, duration, summoning, prorogation or dissolution of the house, privileges, legislative procedures, procedure in | financial matters, address by the lieutenant governor to the legislative assembly, constitution of consolidated fund for the national capital territory, contingency fund, etc these are on the lines of the provisions made in respect of a legislative assembly of a-state with suitable modifications - 3 under the bill the delimitation of constituencies will be made by the election commission in accordance with the procedure set out therein having regard to the special conditions prevailing in delhi, it has been provided that in respect of the first constitution of the assembly, such delimitation will be on the basis of provisional figures of population in relation to 1991 census, if final figures have not been published by then, i | 4 the bill seeks to give effect to the above proposals, new delur; s b chavan the 12th december, 1991 | notes on clausesclause 3 provides that the total number of seats in the legislative assembly of the capital to be filled by persons chosen by direct elections shall be 70 seats shall also be reserved for scheduled castes in the assembly, there will be single-member assembly constituencies on the basis of population as defined in this clause clause 4 provides for the qualifications of the members of the legislative assembly clause 5 provides that the normal duration of the assembly will be 5 years clause 6 makes provision for the sessions of the legislative assembly, its prorogation and dissolution clauses 7 and 8 make provisions for the speaker and the deputy speaker of the legislative assembly clauses 9 and 10 provide for the right of the lieutenant governor to address and send messages to the legis}ative assembly as well as special address by the lieutenant governor clauses 11 to 14 provide for the right of ministers as respects legislative assembly, voting in assembly, vacation of seats, etc = clauses 15 to 17 relate to disqualification for membership and penalty for sitting and voting before making oath clauses 18 and 19 provide for the powers, privileges and salaries and allowances of the members clause 20 provides for exemption of property of the union from taxation clauses 21 to 32 relate to certain restrictions on the powers of the legislative assembly to make laws in respect of certain matters, special provisions as to financial bills, the procedure as to lapsing of bills, 'assent to bills, reservation of bills for president's consideration, previous sanction or recommendation to bills, annual financial statement appropriation bills and grants, ete clauses 33 to 37 provide for rules of procedure for regulating the procedure and conduct of business of the legislative assembly, official language, etc clauses 38 to 40 provide for delimitation of the constituencies by the election commission on the basis of the procedure generally followed by the delimitation commission, with suitable modifications clause 41 sets out the matters in which lieutenant governor is to act in his discretion clauses 42 and 43 contain the advice by the ministers and other allowances of ministers, clause 44 relates to the rule making power allocation of business to the ministers and for more of business with the ministers clause 45 provides for duties of chief minister nishing of information to the lieutenant governor, clauses 46 to 48 relate to the consolidated fund | fund of the capital and the audit reports clause 49 provides for relation of lieutenant ministers to president clause 50 relates to authorisation of v eat clause 52 provides for the powers of the president to ties in giving effect to the provisions of the bill clause 53 provides for laying of rules made by the lieutenant gover before the legislative assembly clatise 54 seeks to amend section 27a of the representation of people act, 1950 to provide for electoral college for the council of st: in relation to the capital clause 55 seeks to repeal the delhi administration act, 1966 financial memorandumclause 3 of the bill provides for setting up of a legislative assembly for the national capital territory clauses 7(5), 19 and 43(3) relate to payment of salaries and allowances to the speaker, the deputy speaker, members of the legislature and the ministers the expenditure on such salaries and allowances and other expenditure of incidental nature such 'as on the additional staff for the legislature and council of ministers will be met from the consolidated fund of the national capital territory on a rough estimate, the expenditure on the salaties and allowances, etc, is expected to be about rs 20 crores per annum but there would also be a corresponding saving on the abolition of the metropolitan council of delhi to the extent of about rs 10 crores 2, clause 38 provides for the delimitation of seventy single member territorial constituencies for the proposed assembly of the national capital territory for this purpose, @ non-recurring expenditure of about rs 50,000 is likely to be incurred this expenditure will be met from the consolidated fund of india 3 the bill does not involve any other expenditure whether of a recurring or non-recurring nature memorandum regarding delegated legislationclause 33 of the bill empowers the legislative assembly of capital to make rules, subject to the provisions of this bill, for reg its procedure and conduct of its business, it also provides that 1 lieutenant governor shall, after consultation with the speaker of legislative assembly and with the approval of the president, m rules for securing the completion of financial business, regulating procedure and conduct of business in the legislative assembly in relation - to any financial matier or to any bill for appropriation of monies of the consolidated fund of the capital and for prohibiting the disc sion of or asking any questions which affect the discnarge of the tions of the lieutenant governor in so far as he is required to act in discretion, { i 2, clause 44 of the bill empowers the president to make rules regarding allocation of business to ministers and transaction of such ness it further empowers the iaeutenant governor to make s prohibiting the manner of authenticating the orders issued in his nan 3 clauses 46(3) and 47(3) of the bill provide that the lieute governor may make rules regardng the custody, etce, of the cons: dated fund of the capital and the contingency fund of the capit: 4 clause 52 of the bi!l empowers the president to issue ord 5 the matters mentioned ; difficult to provide for them in the of legislative power is, therefore, of a normal annexure extract from the representation of the people act, 1950 (43 of 1950)| | | | | | | ||----------------|-------|---------|---------|------|-------|--------------|| 27a | (1) | | i | = | "a | constitu- || tion | of | | | | | || (3) | | | | | | || the | | | | | | || electoral | | | | | | || college | | | | | | || for | | | | | | || the | | | | | | || union | | | | | | || territory | | | | | | || of | | | | | | || delhi | | | | | | || shall | | | | | | || consist | | | | | | || electoral | | | | | | || of | the | elected | members | of | the | metropolitan || 19 | | | | | | || of | | | | | | || 1966 | | | | | | || territory | | | | | | || under | | | | | | || the | | | | | | || delhi | | | | | | || administration | | | | | | || act, | | | | | | || 1966 | | | | | | || aes | | | | | | || : | | | | | | || | | | | | seats | in || the | coun- | | | | | || cil | of | | | | | || states | | | | | | || alloted | | | | | | || to | union | | | | | || territories | | | | | | | | Parliament_bills | 1d84c66a-50da-519f-8185-1767066e70a8 |
the empowerment of women bill, 2010———— arrangement of clauses———— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii educational rights3 free education to women 4 free vocational training to girl students chapter iii employment rights5 reservation of posts in government services 6 working women welfare fund 7 representation of women employees in trade unions 8 constitution of advisory committee 9 central advisory committee10 appointment of officers 11 register of women employees 12 annual report of advisory committees 13 employer to furnish information in respect of women employees chapter iv sexual harassment14 meaning of sexual harassment 15 special officer to deal with cases in the government offices 16 special officer for every district(ii)17 women employees not to be harassed 18 women employees to approach special officer in case of harassment 19 special officer to make inquiries 20 special officer to recommend action against guilty 21 special officer to have powers of a civil court 22 punishment chapter v social security rights23 provision of pension to destitute women 24 women's home 25 insurance scheme for women 26 welfare fund for women other than working women chapter vi economic rights27 establishment of women development bank 28 board to manage bank 29 board to frame policies and determine business of bank 30 sitting of bank 31 capital of bank 32 dealings and transactions of bank 33 duty of bank 34 terms and conditions for granting loan35 application for availing loan36 women registered with employment exchanges to get priority 37 officers and staff chapter vii social rights38 establishment of lineage 39 right to refuse to fill forms in certain cases 40 misdemeanour under the act 41 penalties chapter viii property rights42 rights of an unmarried woman 43 rights of a married woman 44 rights of a widow chapter ix special courts45 establishment of special courts for women 46 qualification for appointment as chief judge and other judges 47 senior most judge to act as chief judge or to discharge his functions in certaincircumstances48 term of office 49 resignation and removal 50 salary and allowances and other terms and conditions of service of chief judgeand other judges51 financial and administrative powers of the chief judge 52 staff of the special court 53 jurisdiction, powers and authority of special courts 54 power of special courts 55 exclusion of jurisdiction of courts except the concerned high court and supremecourt56 transfer of pending cases 57 free legal aid to women chapter x miscellaneous58 act to have over-riding effect 59 power to remove difficulties 60 power to make rules bill no 143 of 2010 the empowerment of women bill, 2010 bykumari saroj pandey, mpa billto provide for empowerment of women in all fields and for matters connected therewith chapter i preliminarybe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the empowerment of women act, 2010short title,extent and commencement(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(b) "bank" means the women development bank established under section 27; (c) "child" means a person who has not attained the age of fourteen years; (d) "court" means a special court established under section 45;(e) "destitute woman" means a woman who has been separated, divorced or a widow or an unmarried woman who has no source of income;(f) "employer" means:5(i) in relation to an establishment which is under the control of the appropriate government, a person or an authority appointed by the appropriate government, for the supervision and control of employees or where no person is so appointed, the head of the department;(ii) in relation to an establishment under any local authority, the person appointed by such authority for the supervision and control of employees or where no person is so appointed, the chief executive officer of the local authority;10(iii) in any other case, the person who, or the authority which, has the ultimate control over the affairs of the establishment; (g) "establishment" includes:—(i) a factory;(ii) a mine;15(iii) a plantation;(iv) an agricultural field;(v) an establishment wherein persons are employed for the exhibition of equestrian, acrobatic and other performances;20(vi) a place where, manufacture, production, or such other similar activity is carried out;(vii) a place where trading either wholesale or retail in any product is carried out;(viii) a hotel, restaurant, lodge or any eating place; (ix) a shop where sale in any product is carried out or a service is provided;25(x) a place where construction work is carried out;(h) "prescribed" means prescribed by rules made under this act;(i) "property" means movable and immovable property and includes all rights pertaining to property by way of lease, licence and inheritance chapter ii30 educational rights3 the appropriate government shall,—free education to women(a) provide free and compulsory education upto graduation level to all women; (b) open adequate number of educational institutions exclusively for women;35(c) reserve fifty per cent of seats in educational institutions for women till adequate number of educational institutions exclusive to them have been set up; and(d) provide scholarships to women for pursuing higher educationexplanation—in this section, 'free education' means uniform, books and stationery, nutritious meals during school hours and transportation free of cost and no fees for admission or for taking any examination shall be charged404 the appropriate government shall provide vocational training free of cost to all girl studentsfree vocational training to girl students chapter iii employment rights5 the central government shall reserve thirty per cent of posts and appointments under its control for womenreservation of posts in government services5working women welfare fund6 (1) the central government shall constitute a fund to be called working women welfare fund for carrying out the following purposes:—(i) to ensure the right to work for women; (ii) to ensure equal wages to women employees;(iii) to ensure steady and definite increase in the number of women employees in the total work force;10(iv) to ensure, after suitable amendments, proper application of the existing labour laws for the benefit of the women employees;(v) to ensure child care facilities including provision of milk, tiffin, clothes, toys and trained ayahas to look after the children;15(vi) to ensure mobile child care facilities for women agriculturalemployees;(vii) to ensure retiring rooms with adequate facilities like bathrooms, latrines, etc at the work-site for the women employees;(viii) to ensure residential facilities for women employees nearest to the place of their work;20(ix) to ensure recreational facilities for children of working women at the child care centres;(x) to ensure proper and adequate security arrangement for the women employees at the work site;(xi) to ensure conducive working conditions for the women employees;25(xii) to ensure reservation of beds in the hospitals for women employees;(xiii) to ensure proper and adequate maternity facilities for the women employees;(xiv) to ensure equality for married and unmarried women employees in the employment as well as in service conditions;30(xv) to ensure cheap, safe and quick transportation facilities for women employees;(xvi) to ensure protection from health hazards, particularly for the women employees working in hazardous industries like cashew, mines, tobacco and construction projects35(2) every employer and state government shall contribute to the fund in such ratio as may be determined by the central government7 the appropriate government shall ensure representation of women employees in various committees of trade unions formed for the purposes of working classrepresentation of women employees in trade unions40constitution of advisory committees8 (1) the central government shall constitute advisory committees in every stateand union territory in respect of the area at the city level, district level and an apex body at state level, consisting of equal number of representatives from the appropriate government, the employees and the trade unions, who shall be women, to advise the central governmenton such matters arising out of the administration of this act as may be referred to it by the central government including matters relating to the utilisation of the fund(2) the members of the committees so constituted shall from amongst themselves elect the chairperson of the committees5(3) the central government shall publish the names of the members of all advisorycommittees in the official gazettecentral advisory committee9 the central government shall constitute a central advisory committee which shallcoordinate the functioning of all the advisory committees to ensure their proper functioning and for the adoption of uniform policies10appointment of officers10 the appropriate government may, by notification in the official gazette, appointas many officers as it may deem necessary for the proper enforcement of the provisions of this actregister ofwomenemployees1511 the advisory committee at the district level shall maintain a register of womenemployees in its area and the information contained therein shall be checked with the information supplied by each employer regarding women employed by them and their specific needs, if anyannual report of advisory committees12 each advisory committee shall, as soon as may be, after the end of each financialyear, prepare a comprehensive report of its activities of the previous year, which werefinanced from the fund, together with a statement of accounts2013 the appropriate government may require an employer, who employs women in hisindustry or establishment, to furnish for the purposes of this act, such statistical and other information, in such form and within such period, as may be prescribed chapter ivemployer to furnish information in respect ofwomenemployees sexual harassment2514 for the purposes of this act, 'sexual harassment' includes—(i) harassing any employee by virtue of her being a female;meaning ofsexual harassment(ii) indecent representation of women with a view to annoy or irritate her andwhich results in mental agony to a female employee;30(iii) detaining a female employee before or after normal working hours in theabsence of other employees and when there is no work to be performed by that female employee, with a view to outrage her modesty or molest her;(iv) paying less wages or giving more work to a female employee than her malecounterpart;35(v) refusing to grant leave of absence to a female employee or permission to herduring her pregnancy/termination of pregnancy or other periods when she would not be physically or biologically fit to perform her work to her fullest capacity;(vi) passing of obscene or lewd comments against a female employee ; (vii) making a female employee attend office on holidays or come to such placewhere her presence is not required in connection with her employment;40(viii) compelling a female employee to attend a party/dance or any musicalprogramme or to dine with her employer or any other person if the female employee is not willing to do so;(ix) refusal to allow rest to female employee as provided under the provisions ofany other law for the time being in force;(x) making her dress in a way which would present her in an obscene manner; (xi) making her perform such a job or duty which would denigrate herpersonality;(xii) touching or otherwise fondling or flirting bodily of a female employee inthe guise of teaching her the job or help her in her job;5(xiii) making her perform such duties which she cannot with her physicalcondition would be able to perform;(xiv) gestures or actions either by word or by written material intending toinsult or cause mental injury to a female employee;10(xv) showing pornography or other obscene literature to a female employee; (xvi) sexual advances with a view to assault or molest or outrage modesty of afemale employee;(xvii) offering unwanted suggestions or advice about physical appearance oron other matters of a female employee with a view to hurt her; and15(xviii) doing of any other act or causing any act by using position as an employerwith a view to exploiting a female employeespecial officer to deal with cases in the government offices2015 the central government shall designate an officer, who shall be a woman, to be the special officer in every department, or office or an establishment under its jurisdiction to deal with complaints lodged by female employees in her department or office or establishmentspecial officer for every district16 the appropriate government shall appoint a special officer, who shall be a woman, for every district to deal with cases arising out of this act within the territorial jurisdiction of that district25| women ||----------------|| ployees not to || be harassed |17 no person being an employer or manager or supervisor in charge of the office/organisation or a factory or establishment or any other work place or any other employee or any other person shall indulge or cause to be indulged in sexual harassment of women employees18 if any female employee has been subject to sexual harassment, she may approach the concerned special officer for redressal of her grievances30| women ||--------------------|| ployees to ap- || proach special || officer in case of || harassment || special officer to || make inquiries |19 as soon as a complaint has been lodged with the special officer, she shall make or cause to be made an inquiry into the facts and circumstances of the complaint20 if after the inquiry, the special officer finds any person guilty of sexual harassment, she shall—special officer to recommend action against guilty(a) in case the guilty is an employee of the government, recommend to the appropriate authority for taking such disciplinary action as she may deem fit;35(b) in case the guilty is not employed in government service, recommend to the employer or other person in charge of the affairs of the organisation where the accused is employed, such action as she may deem fit;40provided that if it is brought to the notice of the special officer that no action has been taken by the employer or the person in charge of the affairs of the organisation where the accused is employed—(i) in case it is an office or establishment under the control of the central government, the central government shall terminate the services of both the accused person and the person in charge of the office where the victim is employed;(ii) in case the work place where the victim is employed is not under the control of the central government, the facilities and concessions extended to that organisation by the central government shall be withdrawn forthwithspecial officer to have powers of a civil court5 of 1908521 a special officer while discharging her functions under the provisions of this actshall have the powers of a civil court and the proceedings thereof shall be in accordance with the code of civil procedure, 1908punishment22 any person who violates the provisions of this chapter shall be punished withimprisonment for a period of not less than seven years and with fine not less than fifty thousand rupees and shall be disqualified from joining the government service chapter v10 social security rightsprovision of pension to destitute women23 the appropriate government shall provide a pension at the rate of rupees onethousand and five hundred per mensem, to be revised from time to time, to all destitute women till they are gainfully employed or facilities for self-employment have been extended to them or accommodated in women's homes 15women's home24 (1) the appropriate government shall establish women's homes in every districtfor accomodating destitute women(2) in every women's home:—| ( | i | ) | medical care, food and clothes shall be supplied free of cost to the inmates; ||-----|-----|------|---------------------------------------------------------------------------------|| 20 | | | || ( | ii | ) | recreational facilities shall be made available; and || ( | iii | ) | necessary facilities for self employment shall be made available |25 (1) the central government shall frame and administer an insurance scheme for all womeninsurance scheme for women(2) the insurance scheme so administered shall cater to housewives, working women and self-employed women in both organised and unorganised sectors25(3) the insurance shall cover against accidents, injuries, illness connected with pregnancy or otherwise or any loss in self-employment due to natural calamity or any mishap(4) the central government shall determine the amount of insurance and the premium payable by every woman and the period of the insurance cover thereon3026 (1) the central government shall constitute a fund to be called the women welfare fund for carrying out welfare measures for women other than working womenwelfare fund for women otherthan working women(2) every state government shall contribute to the fund in such ratio as may be determined by the central government35(3) the fund shall be utilised for providing necessary facilities to women pursuing education, or self-employment and for payment of pension to destitute women chapter vi economic rights4027 (1) the central government shall establish a women development bank with its headquarters at new delhiestablishment of women development bank(2) the bank shall set up its regional offices in every state capital and a branch in every city having a population of more than one million and in every district:provided that the bank may set up more than one branch in a city or a district in accordance with its population and requirement28 (1) the bank shall be managed by a board consisting of the following, namely:—45board to manage bank(a) a chairperson, who shall be an expert in banking service to be appointed by the central government;(b) members to represent the following:—(i) union ministry of women and child development; (ii) union ministry of finance;20 of 1990(iii) a representative of national commission for women established under the national commission for women act, 1990;5(iv) a representative of reputed women's associations in the country; and(v) a representative of legal profession(2) the terms of appointment, qualification of chairperson and other members of the board shall be such as may be prescribed10(3) the salaries and other allowances and conditions of service of the chairpersonshall be such as may be prescribed(4) the members of the board shall be entitled to such allowances as may beprescribed for attending the sittings of the board29 the board shall frame policies and determine business of the bank with a view to achieve alround development of women15board to frame policies and determine business of bank sitting of bank30 (1) the board shall hold sittings as often as possible but in any case not later than three months from the date of its previous sitting20(2) the sittings of the board shall be presided over by the chairperson and in his absence, by any member to be elected as acting chairperson from members amongst themselvescapital of bank31 (1) the authorised capital of the bank shall be rupees five hundred crore and it may be increased at any time by the central government by notification in the official gazette25(2) every state government shall contribute to the bank in such ratio as may be determined by the central government32 the dealings and transactions of the bank shall be exclusively with women and with such organisations as are engaged in the welfare activities of womendealings and transactions of bank33 the bank shall perform the following business, namely:—duty of bank(i) accept deposits, either in cash or in any banking instrument from women; (ii) open savings and other accounts in favour of women;30(iii) extend loans to women for pursuing education including higher and technical education;(iv) extend loans to women for self-employment;35(v) extend loans to women for medical treatment, expenses during pregnancyincluding cost of termination of pregnancy, marriages, religious ceremonies and for such other similar purposes as may be prescribed; and(vi) extend loans to women for purchase/construction of houses, purchase of vehicles and consumer durables4034 (1) the bank may impose such terms and conditions, as it may deem necessary, before granting loans to womenterms and conditions for granting loan(2) the loan amount shall be determined in accordance with circumstances and merits of every case(3) the loan amount shall be repayable over such period as may be determined by the bankapplication for availing loan35 (1) every woman who wishes to avail of loan facility may make an application tothe nearest bank(2) the bank, on receipt of an application under sub-section (1), shall take adecision with regard to grant of loan, within a period of one month from the date of receipt of such application and state reasons in case the loan amount is not granted5women registered with employment exchanges to get priority36 (1) the appropriate government shall forward names of women registered withemployment exchanges under their jurisdiction to the concerned regional office(2) any woman who has registered herself with an employment exchange and is notgainfully employed shall have preference in getting loan for self-employment10officers and staff37 the bank shall appoint necessary officers and staff for efficient functioning ofthe bank:provided that one half of the total number of appointments or posts shall be reservedfor women chapter vii social rights15establishment of lineage20right to refuse to fill forms in certain cases38 notwithstanding anything contained in any other law for the time being in force,no government, authority or person, shall compel any other person who is a citizen of india to fill and sign any form, statutory or non-statutory, official or non-official, which provides for establishing a person's lineage only through his father or to prohibit him to write his mother's name instead39 after the coming into force of this act, it shall be lawful for any citizen of india torefuse to fill a form which does not give him or her the option to give the name of his or her mothermisdemeanour under the act25penalties40 it shall be a grave misdemeanour under this act for any person to describe anycitizen of india as "bastard"41 (1) whosoever compels any citizen of india to act in a manner contrary to theprovisions of sections 38 and 39 of this act or discriminate against any citizen on the ground of the citizen's refusal to act in a manner which is against the provisions of these sections, shall be punished with rigorous imprisonment for a term which may extend to one month and fine of five hundred rupees or one month's imprisonment in lieu thereof30(2) the misdemeanour mentioned in section 40 shall be punished with rigorousimprisonment for a term which may extend to one year and with fine of five hundred rupees or one month's imprisonment in case of non-payment of finechapter viii35 property rights 42 notwithstanding anything contained in any other law for the time being in force, an unmarried woman shall have the following rights, namely:—rights of an unmarried woman40(a) she shall have the right to live in the house of her parents but shall not havethe right to seek partition or disposal of such house;(b) she shall have the right to claim an equal share in any property, other thanthe residential house or dwelling unit referred to in clause (a), as a coparcener to such property, whether such property is a joint-family property or any premises held on lease or licence or under any other arrangement by her parents:45provided that she shall have the right to claim partition of such property, if shedecides to remain unmarried after she attains the age of eighteen years or such other age of marriage as may be determined under any law for the time being in force;(c) she shall have the right to claim an equal share as a coparcener, in the gainsof the family business of her parents; and(d) she shall have right to claim an equal share in any property, as a coparcener,which is acquired by her parents by way of exchange, sale or transfer of any existing50property or which is acquired by her parents by way of accreditation or succession to any ancestral property or otherwise| 43 | a married woman shall have the following rights, namely:— ||--------------------------------------------------------------------------------------------|---------------------------------------------------------------|| rights of a | || married | || woman | || 5 | || ( | a || by him or by his joint family or owned by him, solely or jointly, as a lessee or licensee: | |provided that such right shall not be void in the event of judicial separation, divorce or death of the husband:10provided further that she shall also have the right to live in the residential house or dwelling unit of her parents, in case she is deserted or divorced by her husband, without seeking partition or disposal of whole or any part thereof;| ( ||----------------------------------------------------------------------------------------|| property of her husband including that of in the joint family property of her husband, || from the date of marriage, and like any other coparcener she shall also have the right || to claim partition or disposal of whole or part of such property: |15provided that in the event of disposal of part or whole of such property, theother coparcener shall have right to pre-emption;20(c) she shall have an option to have the custody of the children born out of the wedlock and shall have the right to claim maintenance, not inconsistent with the status of the family of her husband, both for herself and for her children which shall include the expenses to be incurred on the education, training and upbringing of her children in case of dissolution of marriage:25provided that if in the interest of the education, training or upbringing of the children, it is considered necessary or expedient to leave the children under the custody of the husband or any one else, she shall have the right to free access to the children born out of the wedlock, irrespective of estrangement, desertion, divorce or death of the husband; and(d) she shall have the right to claim an equal share in the gains of the business of her husband or in the family business of her husband or in any other business in which her husband is a partner3044 a widow shall have the following rights, namely:—rights of a widow(a) she shall, subject to such eligibility, as may be prescribed, be entitled tosuitable employment by the central government in case her deceased husband was employed in any of the establishment under the central government:35provided that if she is not eligible for any such employment, she shall beentitled to such monthly pension as would have been payable to her husband at the time of his deemed superannuation:40provided further that if the death of her husband occurs during the course ofhis duties, she shall be entitled to such monthly salary and allowances, as would have been payable to her husband till his deemed superannuation, besides any other compensation admissible to her under any other law for the time being in force;(b) she shall have the first claim and absolute right to the property of herdeceased husband;(c) she shall be entitled to have such share and status as the share and statusof her deceased husband would have been, in the family business; and45(d) she shall have the right to live in the residential house or dwelling unit of herparents, in the case she so desires, without seeking partition or disposal of whole or any part thereof chapter ix special courts45 (1) the appropriate government shall set up sufficient number of special courts to deal exclusively with matters arising out of atrocities or offences committed against women5establishment of specialcourts forwomen(2) each special court shall consist of a chief judge and such number of other judges as the appropriate government may deem fit(3) every special court shall be headed by the chief judge46 (1) a person shall not be eligible for appointment as the chief judge unless he,—10(a) is, or has been, a district judge; orqualification for appointment as chief judge and other judges(b) has, for at least two years, held the office of the judge of the special court;and has, for at least five years, been associated with women's cause(2) a person shall not be eligible for appointment as a judge unless he,—(a) is, or has been, a judicial magistrate; or15(b) has, for a period of not less than five years, been practising law; and has for atleast five years, been associated with women's cause(3) every chief judge of a special court in a union territory shall be appointed by the president,20(4) every chief judge of a special court in a state shall be appointed by the governor of the state concerned,(5) every other judge of a special court shall be appointed by the appropriate government,(6) one-third of the total number of posts of chief judges and other judges in every state shall be reserved for women2547 (1) in the event of the occurrence of any vacancy in the office of the chief judge of a special court by reason of his death, resignation or otherwise, the senior most judge of that court shall act as the chief judge until the date on which a new chief judge, appointed in accordance with the provisions of this act to fill such vacancy, enters upon his office| senior | most ||------------------|--------|| judge to act as | || chief judge or | || to discharge his | || functions | in || certain circum- | || stances | || 30 | |(2) when the chief judge is unable to discharge his functions owing to absence, illness or any other cause, the senior most judge of that special court shall discharge the functions of the chief judge until the date on which chief judge resumes his dutiesterm of office48 every chief judge and other judges shall hold office as such for a term of fiveyears from the date on which he enters upon his office or until he attains,—(a) in the case of the chief judge, the age of 65 years, and (b) in the case of any other judge, the age of 60 years,35whichever is earlierresignation and removal4049 every chief judge or a judge may, by notice in writing under his hand addressedto the president in case he is a chief judge or a judge of a special court in a union territory or to the governor, in case he is a chief judge or a judge of a special court in a state resign from his office:45provided that the chief judge or any other judge shall, unless he is permitted by thepresident or the governor, as the case may be, 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 50 the salaries and allowances payable to, and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the chief judge or a judge of a special court shall be such as may by prescribed by the central government:5salary and allowances and other terms and conditions of service of chief judge and other judgesprovided that neither the salary and allowances nor the other terms and conditions of service of the chief judge or a judge of a special court shall be varied to his disadvantage after his appointment51 every chief judge shall exercise such financial and administrative powers over the special court as may be vested in him in such manner as may be prescribedfinancial and administrative powers of the chief judge staff of the special court1052 the appropriate government shall determine the nature and categories of theofficers and other employees required to assist a special court in the discharge of its functions15jurisdiction, powers and authority of special courts53 save as otherwise expressly provided in this act, every special court shall exercise all the judicial powers and authority exercisable immediately before that day by all courts (except high courts and the supreme court) in relation to all matters of offences or atrocities committed against women under the indian penal code or any other law for the time being in forcepower of special courts5 of 1908 2 of 197454 every special court constituted under this act shall have powers of any other court for the purpose of holding any inquiry as are vested in a civil court under the code of civil procedure, 1908 and in a criminal court under the code of criminal procedure, 19732055 on the date of coming into force of this act, the jurisdiction, powers and authorityin relation to any offences or crimes or atrocities committed against women, shall be exercisable by a special court and no other court (except high courts and the supreme court) shall have, or be entitled to exercise any jurisdiction, powers or authority in relation to such offences or crimes or atrocities committed against womenexclusion of jurisdiction of courts except the concerned high court and the supreme court25| transfer ||----------------|| pending cases |56 every suit or other proceeding pending before any other court or any authorityimmediately before the date of coming into force of this act being a suit or proceeding the cause of action wherein it is based is such that it would have been if it had arisen after such constitution, within the jurisdiction of a special such court, shall stand transferred on that date to such special court:30provided that nothing contained in this section shall apply to a suit or other proceeding pending in a high court or the supreme courtfree legal aid to women57 the appropriate government shall make necessary arrangements and provisions for free legal aid to women for meeting the cost of litigation in special courts chapter x miscellaneous35act to have over-riding effect58 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 act40| power ||---------------|| r e m o v e || difficulties |59 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty(2) every order referred to in this section shall, as soon as may be after it is made, be laid before each house of parliament45power to make rules60 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the provisions of this act5(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonseven after sixty-three years of independence, the socio-economic condition of our womenfolk has not improved much they are treated as second grade citizens though women also equally, if not more than the menfolk, contribute to the nation building activities, yet they are never recognised majority of the women are illiterate, socially insecure, economically dependent upon menfolk though the government has taken many steps to improve the status of women, yet they are not sufficient womenfolk in our country are placed at disadvantage in the following sectors:—(1) education (2) employment—they are given less wages than men (3) social rights (4) property rights (5) self-employment opportunitiesatrocities against women are increasing day-by-day cases of atrocities against women are piling up in courts courts take a long time in disposing of the cases sexual harassment takes place at the work places working women have not been given adequate facilities at the work placesgirls are not sent to schools by their parents they do not get admission in schoolsthere is no vocational training facility for them women are not given jobs they do not have adequate opportunities for self-employment the national commission for women does not have adequate powers to deal with the situationwith a view to alround development of women, it is proposed to bring forward a comprehensive bill providing for-—(1) free education to women; (2) vocational training; (3) free insurance facilities; (4) facilities at the work places; (5) equal rights in the management, associations, etc; (6) special courts to deal with atrocities against women; (7) facilities for destitute women;(8) property rights the bill seeks to make an attempt to improve the lot of women financial memorandumclause 3 of the bill makes provision for free and compulsory education to women it also provides for opening of adequate number of schools for them clause 4 provides for vocational training to women clause 6 makes provision for working women welfare fundclause 8 provides for constitution of advisory committees clause 10 provides for appointment of special officers to supervise the facilities to working women at the work places clause 16 provides for appointment of special officer to investigate cases of sexual harassment against women clause 23 provides for pension to destitute women clause 24 provides for establishment of women's homes clause 25 makes provision for insurance scheme for womenclause 26 provides for setting up of a fund for women other than working womenclause 27 provides for the establishment of a women development bank clause 28 provides for the board to manage the bank clause 31 provides that the authorised capital of the bank shall be rupees five hundred croreclause 37 provides for appointment of officers and staff of the bank clause 44 provides that a widow shall be entitled to employment/pension clause 45 provides for establishment of special courts for women clause 50 provides for salaries and allowances of chief judge or other judges of special courts clause 52 provides for appointment of officers and staff to assist special courts clause 57 provides for free legal aid to womenthe bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of rupees one thousand crorea non-recurring expenditure of about rupees ten thousand crore is also likely to be involved memorandum regarding delegated legislationclause 60 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha————— a billto provide for empowerment of women in all fields and for matters connected therewith—————(kumari saroj pandey, mp)gmgipmrnd—5556ls(s3)—01122010 | Parliament_bills | f826a52f-143c-532d-bff0-bc52adc9991e |
'~l,\ i t ~' \, ' billho if" ;e tim cllntral sales tax (amendment) bill, icj70 a billfurther to amend the centlral scifa 'i'~ act, 1_ b~ it enacted by parliament in the twenty-first year ot the republic ofrf:diiii,j~: __ 1 (1) this act may be called the central sales tax (amendment) short, act, 1970 utle and c!odl~ 5(2,· it 'shall come into force on such date as the central 'government ~ duly,' by'nottft~at1on in the oftlcial gazette, appojnl meat: amem- men - , ~, ,i us' seetian'6 ,of the central sales taxaet, 19&8 (heretuftler refenett "the p1'idcipal act), fer' lub-eectton (2), the fon~, 1ubaeettimi aiau i·substituted, namely:-8(z) notwftlwtanarq ailythidc codtajaed ha iub-mtfloa (1) or i~ ~u01l (ia), where of ad7 , in the cdui'ie of' ••• u trade or commercehu either occaaioned the moveaaent , 'ada pqdii from ode state to another or hal been eftected b, - tnaifer of docn'dedtt of tui to lucb podl cl~ their movement hoia ode sfate to adother, ady subsequent ie durin, nch mov t - , ij' by - tradder of doc:umub of title to ucb pod,-30 (a) to the govemment, or (b)'" ~ dealer other diu tit gevena t, jathe el the delcriptioa refenoodto ~ (3) of sac-i, iibaii be aempt from tu ujuier thb··aet: provided that no such subsequent sale shall be exempt from td uncler this sub-seetion unless the dealer electing the sale furnishes to the prescribed authority in the prescribed manner and within the preterlbed time,-(a) a certificate duly filled and signed by the reeistered s dealer from whom the goods were purehased containing the prescribed particulars in a preseribed fond obtained from the prescribed authority; and (b) if the subsequent sale is made,-(i) to a registered dealer, a declaration referred to in 10 clause (a) of sub-section (4) of section 8, or (fl>' to the government, not being a registered dealer, a certificate referred to in clause (b) of sub-section (4) of lec'tlod 8:1 provided further that it shall not be neceaaary to turmah the de- 15 claratlon or the c:ertificate referred to in clauie (b) of the precedtn proviso in respect of a subsequent sale of goods if,-(a) the sale or purchase of such goods is, under the sales tax law of the appropriate stare, exempt from tax generally or 18 subject to tax generally at a rate which is lower than three per 20 cent (whether called a tax or fee or by any other name); and (b) the dealer effecting such subsequent sale proves to the satisfaction of the authority referred to in the preceding proviso that such sale is of the nature referred to in clause (a) or clause (b) of this sub-section" a5 3 after section 6 of the principal act, the following section shall be inserted, namely:-inaertien of new section ga burden of proof, etc, in cue of tranafer of ,ooci8 claimed otherwiae than by wayot sale "6a (1) where any d-ler claims that be is not liable to pay ~ under this act, in r~peet of any goods, on the pvund that the movement of such good from one state to another was occasioned b7 30 realoll of transfer of such goods by him to any other place of his bulla or to his qent or principal, as the cue may be, add dot 1t~ i'e8iod of sale, the burden of providl( that the movemedt of tb8te goods wa so oecaaioned shall be on that dealer and for this purpoae he may produce before the prescribed authority, within the preacrib- 35 eel time, a declantion, duly 61led pd siped by the principal olker of the other place of business, or hi ageot or principal, al the case may be, contalniq the prescribed parti~lars in the prescribed fond obtained from the preseribecl authority elong with the evidence of despatch of such aoocis 4q ' (2) if the p~escribed authority is satisfied after such enquiry as he ,may deem necessary that the particulars contairied in the de--claration are true, he shall make an order to that effect and thereupon the movement of goods to which the declaration relates shall be deemed for the purposes of this act to have been occasioned other- 45 wise than as a result of sale" 4 in section 7 of the principal act,-amend (0) after sub-section (2), the following sub-seetion • 1_1t be in ment of serted, name]y:_ ---section 7 10 is ii (2~) wh~re it appears necessary to the authority to whom an application is made under sub-section (1) or sub-aectfon (2) ~ to do for the proper realisation of the tax payable under this ct 0'1' for the proper custody and use of the forms referred to in clause (a) of the first proviso to sub-section (2) of section 6 or sub-secbon (1) of section 6a or clause (a) of sub-section (4) of section 8, he may, by an order in writing and for reasons to be recorded therein, impose as a condition for the issue of· a certf flcate of registration a requirement that the dealer shan furnish in the prescribed manner and within such time as may be specifted in the order such security as may be so specifted for all or any of the aforesaid purposes"; , , (b) in sub-section (3), after the words "rules made' thereunder", the worda, brackets, figure and letter --and the conditf01'1, if any imposed under sub-section (2a), has been complied with" had be inserted; 20 (c) after sub·section (3), the following subsections shall be inserted, namely:-, "(3a) where it appears necessary to the authority granting a certfflcate of registration under this section 90 to do for the proper realisation of tax payable under this act or for the pro-3$ per custody and use of the forms ref~d to in sub-section (2a), he may, at any time while such certificate is in force, by an order in writing and for reasons to be recorded tberefn, require the dealer, to whom the certificate has been 'fi'anted; to furnish within such time as' may be specified in the order and 30 in the prescribed manner such security and, if the dealer has already furnished any security in pu1'suance of an order under this sub-section or sub-section (2a) , such additional security all may be specified in the order, for all or any of the aforesaid purposes 35 " (3b) no dealer shall be required to furnish my ~urity undf'r sub-section (2a) or sub-section· (3a)" unless he has been given an opportunity of being heard and the amount of securfty that may be demanded from any dealer under either or both of the aforesaid sub-8ectfons shall be reasonable having regard tn 40 all the circumstances of the case and shall not in the aggregate exceed fifty thousand rupeel (3c) where the security furnjshed by a dealer udder subsection (2a) or sub-section (3a) is in the form of a surety bond and the surety becomes insolvent or dies the dealer halj, "'ithin jifteen days of the occurrence of anv of the aforesaid events, mform the authority wanting the certificate of registratlon and shall within thirty days of such occurrence furnish a fresh surety bond or furnish in the prescrf~ tnan~~ ft'_ lw'f''''tv for the amount of the bond (3d) the authority gran~g the certjacate of registration may by order and for good and sufficient cause forfeit the whole dr any part of the eecurity ·furnished··by a dealer,-(a) for realising any amount of tax or penalty payable by the dealer; 5 (~) if f the dealer is ·found to have miluaedaj;ly of the fonns refelted to in sub-section (2a) or to haveiililed to keep them in proper custody: pj::ovid~ that no order shad be passed under this subsection witbout giving the dealer on opportunity of being heard 10 (3e) where by reason of an <1rder under sub-seetion (3d), the security furnished by any dealer is renderedtnsufbeient, he shall make up the deficiency in suell manner' ed wttjiin such time as may be preserlbed (3f) the authority issuing, the -forms refetred tf) in sub- 15 seetigll '(za)may refuse· to isslle auchfql'id8,to&,dealer w~has taud '~·comply with an order ,umier that erlb-s4u:tiod gr ,ubsection (sa), or with the provisions of sub-section (3c) ~gl',,ubsection (3e), until the dealer has complied with such order or sueh provisions, as the case may be (3g) the authority, granting a certificate of registration may,·onapplteatlon·bythe dealer to whom it has'been granted, ,on1er the- reftmd· of any amount or parlthereof deposited by the ijeaier'by weydf seeurity under this sectisn, ifitisjiot,required for the ptu'pciri of this act"; ¥ (el) in rsub~ion ' (4), in clallse (b), for the words "or has ceued,to exilt",tbewords, brackets, figures andjetters "or has ceas-·ed toexistf or' baa-filled without sufficient:cause, to comply with an 'or4er under wbsection (3a) or with the provisions of, sub-section (jc) or,su~seetion -(3e) or has failed to pay any tax· of, penalty pay- 30 6le ,umerwa ,act" ·shall be substituted s in section 8 of the principal act,-- amendmento! section 8 (a) far sub-section (2a), the fol1owin~ sub-section shall be and ihil! bfllieemec1' to havp been :sublt!tuted with ~/from· the 1st day of oetober t_ namelr- , ir'~'" ~ ,- ---, 3$ "(~a)notwithstanding anything eontaine8in ~section (-la, (jf seclion 6 or sub-section (1) cil"8ub-9er:tion(~) 'of this seetion, the tax payable under this act· by a 'dealer an: bis turnover in 80 far as the tumoveror any' part' thereof relates to the ale ofany goods, the sale or as the case may be, the purchase 40 of which is, under the sales tax law of the 8pp1 oprlate state, exempt from tax generady or subject to tax generany at a rate which is lower than three ope!' eent (wliether caned a tax or fee or by any other name), shall be nn or as the case maybe, shall be calculated at the lower rate 4' e:mlmurtion-'for the l'>urposes of· this sub-sec&n a :late or purchase of any goods $qall i10t be d~'to,be __ ~pt from tax j :8ed8raijy under the sales tax 1a of ~der thatlathe w theqpj'apiate state it :w sale or ·purchase ofluch ~ja qein t only m"pecifted cll'cumstanc:es:or· under specified conditi ph is levied on the sale or purchase of such goods at s=i~t ~a::: or otherwise than with reference to the turnover of the foqda_: '(fi)hlsub-aeetion (4), after· the words' cfq),thit'pnlgriijedtborfty in !he prescribed manner", the words "anel wtebia',tjae,,mb--ed~ume abail be fnseried· , 10 (c) for sub-section (5), the follawing sub-sectio~ ~ll be 8ubl tinted, ~amely,-h($) notwithstanding anything 'codtailllcha rthiat iii!iitftll; the state govermn~t may, if it is satisfiedthat~it isrn4lcell8lt'ifo to do in th~ public interest, by notification intheomdal,a~~, -:'!ct7~ect to such conditions as may be spee~ therein is (g) that no tax under this aet shan be'jnl,'luty dealer havillg,hib pjace of busiae5s in thestate in respect of tje:8i1es by him, in the course of inter:-sta~ tracfe or commerce, from any such place of business of any iueb goods or classes of goods as may be·specfw in t1ae~qqi2c~ or that the tax on such sales shall be calculated at such lower rates than those specifted in sub-sectfon (i) or iub4ection <j) as may be mentioned in the notification; (b) that in respect qf all sales qf go~s or sai~ of such alasses o1goods as may be specified in the notfftcatlon, which are made, in the course of inter-state trade or corprnerce, by a~y dealer having his place of business in the state or by any class of such d~alers as may be speclfted· in the notfftcatlon to anyperson or to s:uch class of persons u'maybe ospeclfted in the notification n<1 tax under this act ahad be plyahle or the tax on such sales shall be calculated at such· lower 1"ite than 1boie specified in· sub<tsection· (1) or aub-aedion ell " may be mentioned in the notiftcation" ,i:jp,aectiocl9 of the ;principal act, fn sub-~on (2), for the words amend 35 4'ze"'ds,penalties,", the words "refunds, rebates, pena1ttes," ·ban be ment of substituted 8iction 'i sec,tion~aof tlle principal act shall be re-numbered sub-leetlon el) tb~f and af4!r sub-sectfon (1) 88 110 reonumber8d; 1be,foltnl(ng "ectf~s shan be inaerted, namely:-40 '-(1) /my amount coueeted or purporting to have been con~ "", ftgimered' dealer or -any other person by way of ~ under thil aet 'in any state or part thereof in contraventiqn of the provflfotll of this act shall not be retained by such dealer or other person b~1 shall be deposited by bim,-(4) in such manner and within sueh period u,myrbc jii'es-cribed by the state government 1'ijth the· authority powered to'8siiess, or as·the case may be, re-auess,cou'!ctand enforce pay-!iriqt 'of any tax tinder t hp slederal ealts < wt ii/waf tm apf'"t'r priate state or part u1ereofj and fb) where then:! is no general sales tax law in sueh state or part thereof, in such manner, within such period and with such authority as may be prescribed by the central government, and notwithstanding anything contained in this act or in any law for the time being in force, the refund of the amount so deposited 5 'may be claimed only by the person from whom such dealer or other pel"bon collected ft (3) if any question arises as to whether any registerpd dealer or other person has collected any alll{)unt by way of tax un rier this act in any state or part thereof in contravention of the provisions of sub-i~ section (1), it shall be decided by the authority referred to in elause (4) or, as the case may be, in clause (b) of sub-section (2), after giving an opportunity to the dealer or other person concerned to be beard and making such inquiry as that authority may deem fit (4) the prescribed authority shall, in the prescribed manner, re- is fund to a person making an at>plication in this behalf arty amount collected from such person and deposited under s\lb-section (2): provided that no such application shall be entertained unless it is made within three years of the date of such deposit i in aeetion 10 of tbeprinclpal act,-20 amendmentof section 10 (a) for clause (a), the following clauses shall be substituted, namely:-ii (a) furnishes a certificate or declaration, under sub-section (2) of section 8 or sub-section (1) of section 6a or sub-section (4) of section 8, which he knows, or has reason to believe, to be a, false; or :; (aa) fails to get himself registered as required by section 7, or fails to comply with an order under sub-section (3a) or with requirements of sub-section (3c) or sub-section (3e), of that section;"; 30 (b) kir clause (f), the following clause shall be substituted, namely:-"(f) collects any amount by way of tax in contravention of tbe provisions of sub-section (1) of section 9a or fails to deposit the amount required to be deposited under sub-section (2) of 35 that section:" amell"" mentor aecuon loa t in section loa of the principal act, in sub-section (1), for the worc;ts '"the tax which would have been levied under this act in respect of the sale to blm of the goods if the oftence had not been committed", the \yards, brackets and figures "the tax which would have been levied under 40 sub-section (2) of section 8 in respect of tbe sale to him of the goods, if the sale had been a sale falling within that sub-section" shall be substituted ie in section 13 of the principal act,- (a) in sub-sectton (1) ,-amendmentof aeet10n 11 (i) in clause (b), after the words "the deductions which 45 may be made", the words, brackets, letters and figures "under cleqse (c) qf sub-section (1) of section sa" shall be insertec;\ (ii) in clause (d), the words "and the state of ori' f b form or certificate" shall be inserted at the end; gm 0 sue (iii) after clause (f), the following clau8l!ll aball be jnaerted, namely:-5 (ff) t~e manner in which, the period wit}pn which and the authonty with whom deposits may be made under claule (b) of sub-section (2) of section 9a" , (fff) the authority by whom and the manner in whlch amounts deposited under clause (b) of ijubeectton (a) of to sect~on 9a may be refunded under sub-section (4) of· that section;"; (b) for sub-section (2), the following sub-tection aball be mbltituted, namely:- ,f "(2) every rule made by the central goftl'mlent udd 15 sub-section (1) shall be laid as soon 88 may be after it 11 made, before each house of parliament while it 11 in luon for a total period of thirty days which may be comprijed in ode ieiiidon or in two successive sessions, and if, before the expiry of the hllfon in which it is so laid or the session immediately fol1owing, both ~ 0 houses agree in making any modification in the rule· or both houses agree that the rule should not be· made, - the rule ihall thereafter have effect only in such modi1led form or be of no e1!ect, ~sthe case may be; so, however, that any such modulcatlod or annulment shan be without prejudice 110 the vaudlty of any-25 thing previously done under that rule"; (c) in sub-section (4) ,-(i) after clause (ci),the following c1auje·bu be 1naerted, n~,ely:-30 "(00) the manner in whfch aeearjty may be furnllhed under sulb-section (2a) or sub-aectlon (sa) or itjbeedion (3c), of section 7 and the manner in ',!bid1 and the time within which any deficiency may be made up under iuhection (3e) of that section;"; (ii) far clause (e), the following clauie ihajl be iubatituted, lnamely:- 35 4s ie (e) the authority from whom, the condjuona subjeet to which and the fees subject to paymedt of which any form of certi1icate prescdbed under clause (ci) of the ftrbt proviso to sub-section (2) of section 8 or of declaratioll preioeribed under sub-section (1) of sectton 6a or ~on (4) of section 8 may be obtained, the milmer in wb1ch iuch forms shall be kept in cnbtody and reconii relating thereto maintained, the manner in which any iuch form may be ujed and any such certi1lcate or declaration may be fum1ahed and the time within which any iilich certiftcate or declaration shall beproduoed or turnfsba!l;"; : (iiij after -clause (g) t the following clause· shall be inserted, namelyi-" (ii) themadderm which, the period within which and ihe authority with whom deposits may be made udder clause (4) of sub-section (2) of section 9a and the authority by 5 whom and the manner in which amounts deposited under diat clause may be refunded under sulb-sectlon (4) of that section"; (d) -in sub"section (5), for the words "the state government", the words -"the central government or as the case may be, the ie state' government" shall be substituted uln netioa 14d the principal aet,-amend· mentot aect10d 1~ (4) for clause (i), the following clause aballbe and be deemed alw"tlt,baveo been- substituted,namely:-"(0 coal, including coke id au us forms but,excluding char- is coal;'!; (b) for- etanse (iv) ,the following ctause shatt· be substituted, nn~ u(lv) i trad adateel; tllatiato,-co pia tron and cast iron fdcluding fniotmoulu, bottom ~ plata, runner :rap ana iron skull acaapa (ii) steel semis (b'lgots; slabs, blooms and 'bill'ets of all qualities, shapes and s1zes)'a (iii) akelp bart, tin baril, sheet barb, jiaban and i1eep-,liimii ·s, <iv) steel bart (rounds, rods, aquares, 88_ 0ictag0da and heueoas,~ plainrah ribbec1rol',twistedj ,id eoil form as well as straight leagtba) i (t) 'itet!1 ib!actmlls (anjles,' ,ojdi, cjwme1a, teeb, sheet plling -seet!ons, z sections -or' ~ other tolled 'eections) ; 30 (vi) sheets, hoons, strips and skelp, both black and gelwrj\iitwj,-:hot adliuc0j4:mueci, piaift'amb::mrup1e<i, in all qua· utl, in atratght lengths and in con form, i ftiiid and m rivetted condition; :(vii): ldtea both plain and chequered in au quautles; (viii) discs, ridgs, forgings and steel' eatings; (u=) tool, alloy and special steels of any of the above cate&ol1-j ! i i (i:) ' deelmeltlftl--ap ~ 611 termj'!detidmg ateel ikull, tuft\tft~ "1dld :borlftgll; -(zij' bteeltubes, both welded and _mlen, of all dial' and lenjb, iuludidg -tube &udii:' (xii) tin-plates, both hot dipped tnd electrolytic and tid· free pbltes; j ~ (xiii) fish plate bars, bearing plate bars, croaing sleeper bars, fish plates, bearing plates, c:rcab:iia1 ad sed steel sleepers, rails-heavy and light crane rails: 5 (xiv) wheels, tyres, axles and wheel sets; (xv) wire rods and wires-rolled, drawn, galvanised alummised, tinned or c1l1ted sl'ch as by copper; 1·1 (m) defectives, r jects cuttings or end , the above categories;"; 10 (c) for clause (v), the following clause shall be subltttuted, namely:-"(v) jute that is to say, the fibre extracted from plants belonging to the species cotchot1ls capsularis andcorchorus olicp-15 nus and the fibre known as mesta or bimli extracted from plants of the species hibiscus cannabinus and hibiscua 84'bdclri6cz-var altissima and the fibre known as sunn or sunnhemp extracted from plants of the species crotalaria ;uncea whether baled or otherwise;" ; ao (d) for clause (vi), the following clause shall be substituted, namely:- (vi) oilseeds that, is to say-(i) groundnut or peanut (atflchis hypogutl): (ii) sesamum or til (sesamum orientcde); (iii) cotton seed (g08aypium spp); 25 (iv) soyabean (glycine se;4); (v) rapebeed and muat4rd-(1) toria (brasica campestris v4t toria); (2) rai (brassica ;uncea); (3) jamba-taramira (eruca satit/4); (4) sarson, yellow and brown (branca c4mpet&n var sarson); (5) banarasi rai or true mustard (brasdca fttgra); 35 (vi) linseed (linum usiutilftmum) i (vii) castor (ricinus communtb); (viii) coconut (ie copra excluding tender coconuts) (cocos nucifera); (i%) sunflower (helianthua 4nfl,'lu); (x) niger seed (guizotia 4by,smicc); 40 (%i) neem, vepa (az4dirachta i1uuca); (%ii) mahua ulupai, ippe (m4clhuca fndic4 if ladfoli4, bum, latifolia 'and modhucg longifolia i}'ll if longifoli4); (zui) karanja, pongam, honp (pcmgczmfa plntt4i4 iyjl p globt4) j 1028 (b) ls-2 (:riv) kusum (schleichera oleosa, syn s trijuga); (':tv) punna, undi (calophyllum inophyllum); (zvi) kokum (carcinia indica) j s -(:rutt) sal (shorea robusta); (mii) tung (aleurites jordii and a montana); (=) red palm (elaeis guinensis) j (:1:%) safflower (carthanus tinctorius) ;" amendmentol aectlon 15 t'j ''11d aectiam 15 of the principal act, in clause (b) for the words ~ tax 80 levied", the words "and tax has been paid under this act in respect of the sale of such goods in the course of inter-state trade or com- 10 meree, the tax levied under such law" shall be and shall be deemed to have been, substituted, with effect from the 1st day of october, 1958 13 in the principal act, after chapter iv, the following chapter shall be inserted, namely:-inaertion of new chapter v 'chapter v is liability in special cases16 in this chapter,-deftnltionl (a) "appropriate authority", in relation to a company, means the authority competent to assess tax on the companyj (b) cccompany" and ccprivate company" have the meanings 20 respectively assigned to them by clauses (i) and (iii) of subsection (1) of section 3 of the companies act, 1956 1 of 1958 17 (1) every person-company in liquidation (a) who is the liquidator of any company which is being wound up, whether under the orders of a court or otherwisej or 2s ~b) who has deen appointed the receiver of any assets of a company, (hereinafter referred to as the liquidator) shall, within thirty days after he has become such liquidator, give notice of his appointment as such to the appropriate authority 30 (2) the appropriate authority shall, after making such inquiry or calling for such information as it may deem fit, notify to the liquidator within three months from the date on which he receives notice of the appointment of the liquidator the amount which, in the opinion of the appr<?priate authority would be suftlcient to pro- 3s vide for any tax which is then, or is likely thereafter to become, payable by the company (3) the liquidator shall not part with any of the assets of the company or the properties in his hands until he has been notified by the appropriate authority under sub-section (2) and on being 80 40 notified, shall set aside an amount equal to the amount notified and, until he so sets aside such amount, shall not part with any of the jlsset$ c:>f the company or the properties in his hands; 5 ~~ded that notbi~g contained in this subsectiod shall debu the liqwdator from partmg with such assets or properties for the p~se of the payment of the tax payable by the company under this act or for makmg any payment to secured creditors whose d bts are entitled under law to priority of payment over debts due e to government on the date of liquidation or for meeting such coats and expenses of the winding up of the company as are in the opiui of the appropriate authority reasonable on (4) it the liquidator fails to give the notice in accordance with sub-section (1) or faiia to set aside the amount as required by or parts "?th any of ~e assets of the company or the propertiu ~ his hands m contraventlon of the provisions of sub-section (3), he shall be peraonally liable for the payment of the tax which the company would be liable to pay: p~ovided that if the ~mount of any tax payable by the company 15 18 notified under sub-sectlon (2), the personal liability of the liqui~ dator under this sub-section shall be to the extent of such amount 20 (5) where there are more liquidators than one, the obupuodl and liabilities attached to the liquidator under this section shall attach to all the liquidators jointly and severally (6) the provisions of this section shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force 1 of 1958 2s liability of d1rec:-tor of private company lnllqwdation 30 18 notwithstanding anything contained in the companies act, 1956, when any private company is wound up after the commencement of this act, and any tax assessed on the company under thli act for any period, whether before or in the course of or after its liquidation, in respect of any previous year cannot be recoventd, then, every person who was a director of the private company at any time during the relevant previous year shall be jointly and sevcrady liable for the payment of such tax unless he proves that the nt>n-recovery cannot be attributed to any gross neglect, misfeasance or breach of duty on his part in relation to the affairs of the company' 1' the principal act, as amended by this act, is hereby extendfld to, 3s and shall be in force in, the kohima and mokokchung districts in the state of nagaland exted-lion oftbe pridcipaj act to kobjma add mokokchudi djatricta idtbe 8tateof napland vaucla· tionof mentl etc 15 (1) notwithstanding anything contained in any judgment, decree or order of any court or other authority to the contrary, any aueiildmt, reassessment, levy or collection of any tax made or purporting to have 40 been made, any action or thing taken or done in rela~on to iuch mant, reassessment, levy or collection under the provisions of the prtnc1pal act before the commencement of thi&' act shall be deemed to be u valid and effective as if such assessment, reassessment, levy or colleetton atetlon or thing had been made, taken or done under the principal act as qmemted by clause (a) of section 5, clause (a) of section 11 and settion 12 of this act, and accordingly-(a) all acts, proceedings or things done or action taken by the state government or by any other officer of the state government 5 or by any other authority in connection with the assessment, reassessment, levy or collection of such tax shall, for all purposes, be deemed to be and to have always been done or taken in accordance with law; (b) no £tuit or other proceedings shall be maintained or continued in any court or before any authority for the refund of any such 10 tax; and (c) mo court shall enforce any decree or order directing the refllnd of any such tax (2) for the removal of doubts, it is hereby declared that nothing in sub-section(l) shan be construed as preventing any person-is (a) from questioning in accordance with the provisions of the principal act, as amended by this act, the assessment, reassessment, levy or collection of such tax for any period, or (b) from claiming refund of any tax paid by him in excess of the amount due from him under the principal act as amended by this act 20 lb5ihe levy of tax on inter-state sales under the central sales tax act, i commenced from the 1st july, 1957 experience of the workin of the act has shown that it requires to be amended in certain respectsi for dealing with ~he problems of evasion of tax, illegal collection of taxreau huon of ~x in the e~ent of liquidation of a company and for spe1li~g out the intentlon underlymg certain provisions more clearly so 88 to overcome or, avoid interpretations to the contrary 2 the bill seeks to make the following important amendments in the act:-(i~ central sales tax is not leviable in respect oc tranuetions of transfer of goods from a bead office or a principal to a branch or an agent or vice versa as these do not amount to sales thls aids eva _sian in that dealers try to show even genuine sales to third parties a8 trmasaetions of this type accordingly, it is proposed to provide that the burden of proving that the transfer of goods in such cases ii otherwise than by way of sale shall lie on the dealer who claims exemption from tax on the ground that there was in fact no sale (ii) in order to deal effectively with tax evaders, provision is sought to be made for demand, in appropriate cases, of security or additional security not exceeding ri ~,ooo for initial registration or for· continuance of registration it is also proposed to makfl the penalty provisions more stringent (iii) to deal with illegal collection of tax, section 9a of the principal act is sought to be amended to make it obligatory for a dealer who collects by way of tax any amount in contravention of the provisions of law to deposit the same with government provisions are ,also being made for refund of amounts so deposited to the persons from whom they were collected by the dealer (iv) section 14 of the act which declares eertain goods as ot special importance in inter-state trade or commerce is sought to be amended as under:-(a) the supreme court has ruled that the existing deftnltton of "coal" includes "chareoal" coal was included as one of the goods of special importance with a view to covering onl~ that "coal" whieh is used mostly as an industnal fuel and not charcoal" the definition is, therefore, sought to be amended retrospectively to exclude "charcoal" (b) the definitions of "iron and steel" and "otlseedj", given in the section, have led to varying in:erpretations by aueutng authorities and the courts the existing definitions are, therefore, sought to be replaced by specific lists of iron and steel items and oilseeds in order to avoid any ambiguity in thl_ respect the definition of "jute" is also being substituted by a more preclse definition (v) clause (b) of section 15 which provides for refund of local sales tax on goods declared to be of special importance in inter-state trade or commerce in cases where such goods are sold in inter-8tate trade or commerce, is being amended retrospectively to make it clear that the refund of local sales tax can be claimed only when tax on the inter-state sale has beel1 paid and not otherwise (vi) a new chapter is sought to be added to provide for collection of tax in the event of liquidation of a company (vii) the bill also makes necessary provision for validation of past levies 8 opportunity is being taken to extend the principal act to kohima and mokokchung districts of nagaland 4 the bill seeks to achieve the above objects p c sbtbl new delhi; the 8th may, 1970 president's recommenda'cion under articles· 117 and· 274 of the constitution of india[copy of letter no f 8/22/60-st (iii), dated the 11th may, 1970 from shri prakashchand b sethi, minister of state in the ministry of finance to the secretary lok sabha] the president, having been informed of the subject matter of the proposed bill, recommends under clauses (1) and (3) of article 117 read with clause (1) of article 274 of the constitution of india, the introduction of the central sales tax (amendment) bill, 1970 in the lok sabha and also recommends to the lok sabha the consideration of the bill cleme 2-this clause seeks to substitute a new sub-section tor ezftt mg sub-section (2) of section 6 under the existing sub-section all inter-state sales of the same goods subsequent to the first of such sal~s dectecl during the same movement of goods are exempt from tax if such iubaequent sales are ~a?e to registered dealers the new suh-lection seeb to provide for ~ sinular exemption from tax in respect of such subsequent sales to government also clduae 3-this clause seeks to insert a new section sa in the principal act for the purpose of providing that the burden of proving that any movement of goods from one state to another was occasioned otherwise than by way of sale shall be on the dealer making such claim 1'or tnl; purpose of discharging this burden, the dealer may produce a declaration in the prescribed form from the person in the other state to whom the goods have been sent along with evidence of such despatch of goods cleme 4-this clause seeks to amend section 7 of the principal act to empower the registering authority to demand, in appropriate cues, security or additional security up to an amount or amounts not exceedlng in the aggregate fifty thousand rupees, for initial registration or for continuance of registration the clause also makes the necessary ancillary and consequential provisions in regard to the torm in which tae security may be furnished or replenished, the forfeiture of security, etc clewe 5-sub-cleuse (a) of this clause seeks to substitute with retroapective e1!ect from the 1st october, 1958, a new sub-section for emuna sub-section (2a) of section 8 of the principal act '1"he new subaectiod seeks to bring out more clearly that an exemption or lower rate of levy under the local sales tax law of the appropriate state would be available in respect of an inter-state ale of goodi only if such exemption or lower levy is available generally with reference to such goods or such class of goods under the local sales tax law sub~lause (b) seeks to amend sub-section (4) of section 801 the principal act for the purpose of empowering the state government to prescribe the time within which the declarations or certiacatei prescribed under the sub-section have to be fumbhed sub-clause (c) seeks to substitute a new sub-section for emttng sub-section (5) <1f section 8 of the principal act under the existing sub-section, state governments may grant exemption from tax or reduction in rate of tax with reference to any goods or claaes of goods only the new sub·section seeks to provide for such exemptiods or reductions being granted with reference to pet'iooi a1io czaue s-this clause seeks to amend sub-tection (2) of mction 9 of the principal act for providing that the provisiods relating to rebat 1d i, the general sales tax law of the appropriate state wquld also apply for the grant of rebates under the principal act clause 7-this clause seeks to insert three new sub-sections in !'iection 9a of the principal act the first of these sub-sections provides that amounts collected or purporting to have been collected by way of tax in contravention of the provisions of the principal act should be depoii-ted with government the second sub-section provides for settlement of dis'putes, as to whether any such amount has been coljected the ~ird sub-section provides for the refund of amounts deposited with government to the persons from whom those amounts were originally collected clause b-this clause seeks to amend section 10 of the principal act to provide for penalties in respect of the various matters specified therein clause 9-this clause seeks to amend sub-section (1) of section loa of the principal act which provides for imposition of penalty in ueu of prosecution for certain offences at present the maximum penalty which may be levied in respect of any offence is an amount equivalent toone and a half times the tax which would have been levied in respect of the sale of goods to which the offence relates the amendment seeks to provide that the maximum penalty shall be computed in the case of every offence with reference to the higher rates of tax applicable 11dder s1,1b section (2) of section 8 as if the sale to which the oftence relates were a sale under that sub-section clause 10-this clause seeks to amend section 13 of the principal act which deals with the rule-making powers of the central and state governments the amendments proposed by this clause are mainly of a consequential f1r formal nature clause 11-suo-clause (a) seeks to exclude, with retrospective eftect,chacoal from the definicon of "coal" contained in clause (i) of aeetion 14 of the principal act sub-clause (b) seeks substitute clause (iv) of section 14 of the principal act for the purpose of enumerating expressly· the various bub-items falling under the item "iron and steel" sub-clause (c) seeks to substitute the definition of the term "jute" by a more precise definition sub-c!ause (d) seeks to substitute clause (vi) of secti<m 14 of the principal· act for enumerating expressly the various types of on· seeds clause 12-this clause seeks to amend with retrospective eff~t from the 1st october, 1958, clause (b) of section 15 of the prin9pal act so as to make it clear that refund of local sales tax on goods declared to be of special importance in inter-state trade or commerce would be admisslole only when the tax on the inter·state sale of such goods has been pa14 claule l3-this clause seeks to insert a new chapter v in the principal act to provide for collection of tax in the event of liquidation of a campany clause l4-this clause seeks to extend the principal ad to kohima and mokokchung districts in the state of nagaland claube 15-this clause seeks to make the necessary validatini provision financial memorandum'l'he central sales tax act, 1956, utilises the machinery in existence in states and union territories for collection of tax thus no expenditure out of the consolidated fund of india is involved in the collection of central sales tax in states clause 2 of the bill seeks to substitute a new sub-section for subsection ~) of section 6 of the principal act the first proviso to the new sub-section provides that for the purposes of claiming exemption from tax on subsequent sales dealers have to furnish certificates in the prescribed form clause 3 of the bill seeks to insert a new section 6a in the principal act sub-section (1) af the new section provides inter alia that for the purpose of proving that the movement of goods from one state to another effected by a dealer was occasioned otherwise than by way of sale, the dealer may furnish a declaration in the prescribd form the aforesaid forms will have to be printed by the central government for meeting the requirements in union territories the printing of the same will involve an expenditure of a recurring nature which is not likely to exceed rs 10,000 per annum the blll does not involve any non-recurring expenditure certain provisions of the bill confer rule-making powers on central and state governments the first proviso to new sub-tlection (2) of section 6 (vide claule 2 of the bilj) provides for furnishing of certain forms m claim in, exemption from tax on subsequent inter-state sales referred to in that proviso new section 6a (vide clause 3 of the bw) provides for the filing of a declaration by a dealer cla1m1ng that the movement of any goods has been occasioned otherwise than by way of sale the aforesaid new sub-section (2) of section 6 and new section sa r'jad with new clause (e) of sub-section (4) of section 13 [vide claule 10 (c) (if) of the bull empower the state government to preacribe by rules the form of, and the particulars which should be contained in, the said certificates and declarations; the authority from whom, the conditions subject to which and the fees subject to the payment of whlch the said fonns may be obtained; the manner in which! the said forms shall be kept in custody and records relating thereto maintained and the manner in which such forms may be used and the certificates and declarations in such forms may be furnished and the time within which such certificates and declarations shall be furnished etc clause 4 of the bill seeks to amend section 7 of the principal act for authorising the registering authority to demand security or additional security for initial registration or tor continuance of registration this clause read with clause 10 (e) (i) of the bfll authorises the state government to prescribe by rules the manner in which the security or the additional security shall be turnijhed and the manner in which and the time within which any security which has become insuftldent shall be replenished clause s (b) of the bill seeks to amend sub-section (4) of section 8 of the prindpal act to enable rules being made for preacribfng also the time within which the certiflcates and declarations referred to in that sub-section should be furnished by dealers the power to make such rules is exercisable by the state government [ufde clause 10 (e) (ii)] clause 7 of the bill seeks to insert three new sub-sections (2), (3) and (4) in section 9a of the principal act new sub-leetton (2) authorises the mkaing ot rules inter alia for prescribing the manner in which and the period within which amounts collected by dealers by way of tax in contravention of the provisions of the act should be deposited with the appropriate authority new sub-sectfon (4) authorises the making of rules for prescribing the authority beforl! whom and the manner in which applications for refund of the amounts deposited under new sub-sectm (2) should be made the power to make such rules is exercisable by the appropriate state ~veroll~t in t~e ~se of apy$tqte ju' mrt ~~reo1 j1l whicb there is in force a general sales tax law and in other cases by the central government (vide clause 10, sub-clause (a) (iii) and sub~lause (c) (iii) clause 10 of the bill spells out the government (central or state) by which l'ulea in respect of the matters menuuied above may be made the clause also provides for rules being made by the cen tral govemment for prescribing the appropriate state of origin of the fql'lu to be used for the various dealuattens or certtaca~ udder the aot [~ elauae 10 (a) (ii)], and also for pnscribing the penalties :lor oentl'aventioa of rules made by that ocwernment [vi~ clause 10 td)] all the afomsald pl'9visions un4ler which rules ll\ay be made by the cental government or, as tlae case may be, state gov~ment, eaoept ule prorilion empowering the centl'al ao"ermnent to pro-~de far penalties for contrav8iltlod at ~ made by it, pertain essentially to matter of admilliatrative _tail and precedun and, theijefwe, uaedelegation of legialatne powfli' fa of a normal ebaracter_ 'l'h provision [clause 16 (') of tbe lull] empgwering the €lents/al gofiel'llldent to prelcrihe penalties for contravention of rule made by it is allo of a ngl'lll81 oharaeter beeaule the maximum limits of any such penalty (fine which may extend to five hundred rupees and in the case of a continued oftence, a daily fine whioh m4ly ~dt~ fijty ~~ ~r ~v~ cmy dijfl9g which the othnqe 4'gaunues) have \leu 1ipd' ,~t i'\\,~~ ~\l-section fi) <tf uctign 1a of ule pr~jlipi\l t\qt, a str\iiai' pow~f' hf"j already been m~igrred qn statp go,ve1'11lments i suh-alauije (c) of dallse ~ qf ijle~ul1 s~ \~ ~jolp~'f~t a new iub-s~ f~r existing ~c~ ~~) ~ 4~~ 8 ~f the ~~~al act for the purpose of eqablidg ~te qp~~mw ~ mnt~ptpls from tax or reductions in rate of tax not only with reference to any goods or ~l~ssps qf ~oo4s as at present but, alsc! ~lth r~fer~nce to persons the ~'f~~pwm {r<>1l\ tex qr redqction in ~ate of ta~ may be granted only if tpe $~t~ government is satisft~d that it is, neces,sary s,o to do in the public ~~~(~ ~, ~t, is :not pqssible to visu{luse} ro a~ance the cases in which ~~h ~~lljlptip:n!1 ~ re~ctiqlvi may, be, n~ces~ary and as the exemptions or reductions can be granted only in public interest, the delegation of power to grant exemptions or reductions is of a norma} character ~e :ewmams i'bom tile cbn'l'ul sauls tax a~, 19m (74 of 1956) - •- - - chapi'er iii e (1) - inter-state sales tax - •- - liabilit7 to taxon inter state aiel (2) notwithstanding anything contained in sub'section (1) or subsection (1a), where a sale in the course of inter-state trade or commerce of goods of the description referred to in sub-section (3) of section 8-(4) luis occasilmed the movement of ~uch pds from one state to q9tjtl'; or (b) has been effected by a uusfel of doeuflmqts of ,title to such iogds during their movement from one s\tlte to arother; any subsequent sale to a registered dealer during such movement effected ~ a transfer ()f docmnente of title to such ,oad _ii nqt be subject to tax under this act: provided that no such subsequent sale shall be exempt from tax under ~ s\1b-secuon 1,ll11ess ate dealer effecting the sale fumisqei to the pr~ribed ~qthoiity in thepresc1,'ibed jl1ann~r a certiftcate duly filled ,nd sigtwd by he registered dealer from whom the goods were purchased, cqnt"n~ the prescribed particulars 1 (n - - - - - ltedtra tlon of dealers (9) jf the authority to whom an application under sub-sectfon (1) or subs~ction (1) i~ made is satisfied that the application it! in conformjty with the provisioll$ of this act and the rules made thejeunder, he 1ha11 register the applicant and grant to him a certihate ot~tratiojl· tn the prescribed form which shall specify the class or classes of good tor the purposes of sub-section (1) of section 8 ,·(4) a certifi;ate of registcation granteq under this lection may~ - - - - - (b) be cancelled by the authority grantil'lg it where be is tided, after due notice to the dealer to whom it hu been gt'ajl'ted, that he llas ceased to earry on business or has eaued to edt, er in the ease c!f a dealer registered under sub-section (2) has eeaeed to be liable t9 pay tax under the sales tax law of the appropriate staw or for 8!ly other suffteient reason rateaof taxon aaleain the course ot inter-state trade or commerce (2a) notwithstanding anything contained in sub-section (la) of beetlon 8 or in sub-section (1) or sub-section (2) of this section, if under the sales ta~ law of the appropriate state the sale fjr purchase, as the ease may be, of any goods by ,a dealer is exempt from tax generally or is subject to tax generally at a rate which is lower than three per cent (whether called a tax or fee or by any other name), the tax payable under this act on his turnover in so far as the turnover or any part thereof relates to the sale m such goods shall be nil or, as the case may he, shall be calculated at the lower rate explanlltion-for the purposes of this sub-section a sale or purchase of goods shall not be deemed to be exempt from tax generally under tjie sales tax law of the appropriate state if under that law it is exempt only in specified circumstances or under specified conditions or in relation to which the tax is levied at specified stages or otherwise than with reference to the turnover of the goods - - - - - (4) the provisions of sub-section (1) shall not apply to any sale in the course of inter-state trade or commerce unless the dealer sellin~ the goods furnishes to the prescribed authority in the prescribed manner-(a) a declaration duly filled and signed by the registered dealer to whom the goods are sold containing the prescribed particulars in 8 prescribed form obtained ftom the prescribed authorityj or (b) if the goods are sold to the government, not being a registered dealer, a certificate in the prescribed form duly filled and signed by a duly authorised officer of the government (5) notwithstanding anything contained in this section the state government may, if it is satisfied that it is' necessary' so to do in the public interest bv notification in the official gazette, direct that in respect of iluch goods ot' classes of goods as may be mentioned in the notification and subjrct to such conditions as it may think fit to impose, no tax under this act shall be payable by any dealer havin~ his place of business in the state in respect of the sale by him from any such place of business of any such goods in the course of inter-state trade 01' commerce or that the tax on such sales shall be calculated at such lower rates than those specified in sub-section (1) or sub-section (2) as may be mentioned in the notification - - - - - t '(1) - - - - - levy and collection ottax and penaltiel (2) subject to the other provisions of this act and the rules made thereunder the authorities for the time being empowered to 9!!sess, reassess, collect and enforce payment of any tax under the gen,eral sales tax law of the appropriate state shal] , on behalf of the government of india, assess, re-assess, collect and enforce payment of tax, includjn, my penalty, payable by a dealer under this act as if the tax 01' penalty payable by such a dealer under this act is a tax 01' penalty payable undel the general sales tax law of the state; and for this purpose they may exercise all or any of the powers they have under the general sales tax law of the state: and the provisions of such law, includin~ provisions relating to returns, provisional assessment, advance payment of tax! :r~ glstration of the transferee of any bu " " smess, lltlposltlon of the tax liabilit of a person carrying on b~i~ss' on the transferee of, or successor ~ such busine~, transfer of hablllty of any firm or hindu undivided family to pay t~ in the event of the dissolution of such firm or partition of such family, recovery of tax from third parties, appeals, reviews, revimoils, references, refunds, penalties, compounding of offences and treatment of documents furnished by a dealer as confidential, shall 1 accordingly: app y provided that if in any state or part thereof there is no general ~es tax law in force, the central government may, by rules made in this behalf make necessary provision for all or any of the matters specified in this sub-section - - - - - 10 if any person-(a) fails to get himself registered as required by section 7; or - - - - - (f) collects any amount by way of tax in contravention of the provisions contained in section 9a; he shall be punishable with simple imprisonment which may extend to six months, or with fine, or with both; and when the offence is a continuing oftence, with a daily fine which m,ay extend to fttty rupees for every day during which the offence continues loa (i) if any person purchasing goods is guilty of an offence under clause (b) or clause (c) or clause (d) of section 10, the authority who granted to him or, as the case may be, is competent to grant to him a certificate of registration under this act may, after giving him a reasonable opportunity of being heard, by order in writing, impose upon him by way of penalty a sum not exceeding one-and-a-half times the tax which would have been levied under this act in respect of the ssle to him of the goods if the offence had not been committed: provided that no prosecution· for an offence under section 10 shall be instituted in respect of the same facts on which a penalty hal been fm· posed under this section - - - - - 13 (1) the central government may, by nowicatiod in the 08ldal power gazette, make rules providing for-~ - - - - - (b) the period of turnover, the manner in which the turnover in relation to the sale of any goods under this act shall be determined and the deductions which may be made in the procell of such , determination; - - - - - (d) the form in which and the particulars to be contained in any declaration or certificate to be given under this act; - - - - ' "(2) all rulea made by the central govermnent under sub-eectlon (1): shall be laid before both houses of parliament as i0oi1 as may be after they are made and shall be subject to such modifications as parliament may make during the session in which they are so 'laid or the session iml'l\ediatefy fouowmg - - - - - (4l in partieular and without prejudice tcf the' powes co~ by' su'b-nctioh (3), the state govet'1i1'nent may mtke mte!l tot all or ~ of ,the following parposes, namely:-- - - - - (e) the authority 1rom whom, the conditions subject to which and the tees subjeot to payment of which any form of declaration prescribed under sub-section (4) of section s may be obtained, the manner in which the form shall be kept in custody and records :relating thereto maintamed, the manner in ,which any such form may be used and any such declaration may be furnished; - - - - - (6) in makilli any fule i1ilcier this section the state gqvernment may , i direct that a breach thereof shall be punishable with fine which may extend to five hundred rupees and when the offence is a continulng offe~e, with a daily fine which may extend to fifty rupees tor evert day' durlnawblch the o1!cmce continues chapter ivh; u is- hereby declu8(l that the fol1owing goods are of special impwtanoe ill intel'-state trade or oommerce:-(0 coal, including coke in all its forms; - - - , (iv) iloa and steel, that is to say,-(4), pis stoll add !rodi scrap; certain gooda to be of special importaneem inter-state trade or commerce (b) iron plates sold in the same form in which thief atfj' directly produced by the rol11ng milli (ct}ls_ltiolap, 1 ii1~,steel· bweujstt""'"' ah ~;" (d) (i) steel plates, 1 ld' th f (ii) steel sheets l80 m e same orm (iii ) sheet bars ~,tin bars, tin which they a,re dir~tly (iv) rolled steel sectiodli, j pro~ed by tbe rollin, (v) tool alloy steel; dud , (~) jute, that is to say, the fibre extracted from plants belong~ ing to the species corchotus capsularis and corchorus olitorioub and the fibre known as mee14ut birnli: extractedfroln'pltdlts of t1le species hibiscus cclnmpinus and' ,"'ist"u6 ",bdariffaoofol&aima, whether baled or otherwisej (di) oil-aeed&', that is- to say, seed& yieldibi,non-volaw oils used foc' btudad, collluldptigrt, or in industry, 01' in the manufaeture of ' i varnishes, soaps and the like, or in lubrication, and volatile oua used chiefly in medicines, perfumes, cosmetics and the like; - - - - - 15 every sales tax law of a state shall, in so far as it imposes or authorises the impos1tjon of a tax on the sale or purchaae of declared goods, be subject to the following restrictions and conditions, namely:-- - - - - beatrletiem and c'qildiuonaln regard to tax od ,ale or purch ofdec1ar· edooda wltb1aa state, (b) where a tax has been levied under that law in respect of the sale or purchue inside the state of any declared ioods and such loads are sold in the course of inter-state trade or commerce, the tax 80 levied shall be refunded to such penon in such manner and subject to such conditions as may be provided in any law in force in that state - - - - - a billfunher to amend the centtal sales tax act, 19s6 (shri pralujshehtllld b sethi, minister of stllte in 1m ministry oj ftnant:) | Parliament_bills | 7338717d-d596-5a5e-802a-856f618b3fce |
bill no 127 of 2015 the constitution (amendment) bill, 2015 byshri j c divakar reddy, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 after article 112 of the constitution, the following article shall be inserted, namely:—insertion of new article 112a ceiling on sums to be incurred on freebies by the central government"112a notwithstanding anything in this constitution, the sums required to meet expenditure proposed to be incurred on freebies shall not be more than ten per cent of the total sums required to meet expenditure, other than the expenditure charged upon the consolidated fund of india, proposed to be made from the consolidated fund of india in respect of any financial year"explanation—in this article, the expression 'freebie' does not include expenditure proposed to be made from the consolidated fund of india in respect of subsidies or other monetary concessions to be given to the scheduled castes, the scheduled tribes, the socially and educationally backward classes of citizens and the people living below the poverty line or proposed to be made for socio-economic development of people53 after article 202 of the constitution, the following article shall be inserted, namely:—10"202a notwithstanding anything in this constitution, the sums required to meet expenditure proposed to be incurred on freebies shall not be more than ten per cent of the total sums required to meet expenditure, other than the expenditure charged upon the consolidated fund of a state, proposed to be made from the consolidated fund of a state in respect of any financial year"insertion of new article 202a ceiling on sums to be incurred on freebies by the state government15explanation—in this article, the expression 'freebie' does not include expenditure proposed to be made from the consolidated fund of a state in respect of subsidies or other monetary concessions to be given to the scheduled castes, the scheduled tribes, the socially and educationally backward classes of citizens and the people living below the poverty line or proposed to be made for socio-economic development of people statement of objects and reasonsof late, it has become a practice among political parties to promise a lot of freebies in their election manifestoes and try to fulfil these promises at the cost of overall economic interests of the country no doubt that the directive principles of the state policy in our constitution aim to establish a social and economic democracy through a welfare state, but it cannot be done at the cost of common good or to the determinant of economy a welfare state requires a sound socio-economic development of the nation as a whole for its continued existenceit is worth to draw attention to the many such schemes involving distribution of freebies like a gift for couple being married, shadi mubarak scheme, mangal sutras, tv and provision of bicycles, etcthe freebies are avoidable burden on the exchequer and a limit needs to be put to such expenditure it is indisputable that for the upliftment of the scheduled castes, the scheduled tribes, the socially and educationally backward classes of citizens and the people living below the poverty line, monetary concessions like reduced education fee or free education, reduced examination fee, subsidized food, etc should be made available to them however, at the same time, giving of laptops, mangal sutras and bicycles, etc to the citizens just to fulfil the promises made during election is not justifiable under the constitution in the name of welfare measures it is a wasteful avoidable expenditure money spent on freebies is hampering development work because the same money can be utilized on developmental works it is therefore proposed that during any financial year, such expenditure shall not be more than ten per cent of the total expenditure of the central or a state governmenthence this billnew delhi;jc divakar reddyapril 7, 2015 lok sabha———— a billfurther to amend the constitution of india————(shri jc divakar reddy , mp)gmgipmrnd—465ls(s3)—30-04-2015 | Parliament_bills | 0bd8b3fa-8331-577c-a7c3-6b2ae8fd6b16 |
bill no 60 of 2017 the goods and services tax (compensation to states) bill, 2017 a billto provide for compensation to the states for the loss of revenue arising on account of implementation of the goods and services tax in pursuance of the provisions of the constitution (one hundred and first amendment) act, 2016be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the goods and services tax (compensation to states)act, 2017short 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 (1) in this act, unless the context otherwise requires,—(a) "central tax" means the central goods and services tax levied and collected under the central goods and services tax act;(b) "central goods and services tax act" means the central goods and services tax act, 2017;(c) "cess" means the goods and services tax compensation cess levied under section 8;5(d) "compensation" means an amount, in the form of goods and services tax compensation, as determined under section 7;(e) "council" means the goods and services tax council constituted under the provisions of article 279a of the constitution;(f) "fund" means the goods and services tax compensation fund referred to in section 10;10(g) "input tax" in relation to a taxable person, means,––(i) cess charged on any supply of goods or services or both made to him; (ii) cess charged on import of goods and includes the cess payable on reverse charge basis;15(h) "integrated goods and services tax act" means the integrated goods and services tax act, 2017;(i) "integrated tax" means the integrated goods and services tax levied and collected under the integrated goods and services tax act;20(j) "prescribed" means prescribed by rules made, on the recommendations of the council, under this act;(k) "projected growth rate" means the rate of growth projected for the transition period as per section 3;(l) "schedule" means the schedule appended to this act; (m) "state" means,––25(i) for the purposes of sections 3, 4, 5, 6 and 7 the states as defined under the central goods and services tax act; and(ii) for the purposes of sections 8, 9, 10, 11, 12, 13 and 14 the states as defined under the central goods and services tax act and the union territories as defined under the union territories goods and services tax act;30(n) "state tax" means the state goods and services tax levied and collected under the respective state goods and services tax act;(o) "state goods and services tax act" means the law to be made by the state legislature for levy and collection of tax by the concerned state on supply of goods or services or both;35(p) "taxable supply'' means a supply of goods or services or both which is chargeable to the cess under this act;(q) "transition date" shall mean, in respect of any state, the date on which the state goods and services tax act of the concerned state comes into force;(r) "transition period" means a period of five years from the transition date; and40(s) "union territories goods and services tax act" means the union territories goods and services tax act, 2017 (2) the words and expressions used and not defined in this act but defined in the central goods and services tax act and the integrated goods and services tax act shall have the meanings respectively assigned to them in those actsprojected growth rate3 the projected nominal growth rate of revenue subsumed for a state during the transition period shall be fourteen per cent per annumbase year54 for the purpose of calculating the compensation amount payable in any financial year during the transition period, the financial year ending 31st march, 2016, shall be taken as the base yearbase year revenue5 (1) subject to the provision of sub-sections (2), (3), (4), (5) and (6), the base year revenue for a state shall be the sum of the revenue collected by the state and the local bodies during the base year, on account of the taxes levied by the respective state or union and net of refunds, with respect to the following taxes, imposed by the respective state or union, which are subsumed into goods and services tax, namely:––10 (a) the value added tax, sales tax, purchase tax, tax collected on works contract, or any other tax levied by the concerned state under the erstwhile entry 54 of list-ii (state list) of the seventh schedule to the constitution;74 of 1956(b) the central sales tax levied under the central sales tax act, 1956;15(c) the entry tax, octroi, local body tax or any other tax levied by the concerned stateunder the erstwhile entry 52 of list-ii (state list) of the seventh schedule to the constitution;(d) the taxes on luxuries, including taxes on entertainments, amusements, betting and gambling or any other tax levied by the concerned state under the erstwhile entry 62 of list-ii (state list) of the seventh schedule to the constitution;20(e) the taxes on advertisement or any other tax levied by the concerned state under theerstwhile entry 55 of list-ii (state list) of the seventh schedule to the constitution;(f) the duties of excise on medicinal and toilet preparations levied by the union but collected and retained by the concerned state government under the erstwhile article 268 of the constitution;25(g) any cess or surcharge or fee leviable under entry 66 read with entries 52, 54, 55 and62 of list-ii of the seventh schedule to the constitution by the state government under any act notified under sub-section (4),prior to the commencement of the provisions of the constitution (one hundred and first amendment) act, 2016:30provided that the revenue collected during the base year in a state, net of refunds, under the following taxes shall not be included in the calculation of the base year revenue for that state, namely:—35(a) any taxes levied under any act enacted under the erstwhile entry 54 of list-ii(state list) of the seventh schedule to the constitution, prior to the coming into force of the provisions of the constitution (one hundred and first amendment) act, 2016,on the sale or purchase of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption;74 of 195640(b) tax levied under the central sales tax act, 1956, on the sale or purchase ofpetroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption;(c) any cess imposed by the state government on the sale or purchase ofpetroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas, aviation turbine fuel and alcoholic liquor for human consumption; and45(d) the entertainment tax levied by the state but collected by local bodies, underany act enacted under the erstwhile entry 62 of list-ii (state list) of the seventh schedule to the constitution, prior to coming into force of the provisions of the constitution (one hundred and first amendment) act, 2016 (2) in respect of the state of jammu and kashmir, the base year revenue shall include the amount of tax collected on sale of services by the said state government during the base year5 (3) in respect of the states mentioned in sub-clause (g) of clause (4) of article 279a of the constitution, the amount of revenue foregone on account of exemptions or remission given by the said state governments to promote industrial investment in the state, with respect to such specific taxes referred to in sub-section (1), shall be included in the total base year revenue of the state, subject to such conditions as may be prescribed10 (4) the acts of the central government and state governments under which the specific taxes are being subsumed into the goods and services tax shall be such as may be notified(5) the base year revenue shall be calculated as per sub-sections (1), (2), (3) and (4)on the basis of the figures of revenue collected and net of refunds given in that year, as audited by the comptroller and auditor-general of india15(6) in respect of any state, if any part of revenues mentioned in sub-sections (1), (2),(3) and (4) are not credited in the consolidated fund of the respective state, the same shall be included in the total base year revenue of the state, subject to such conditions as may be prescribed206 the projected revenue for any year in a state shall be calculated by applying the projected growth rate over the base year revenue of that stateprojected revenue for any yearillustration—if the base year revenue for 2015-16 for a concerned state, calculated as per section 5 is one hundred rupees, then the projected revenue for financial year 2018-19 shall be as follows—projected revenue for 2018-19-100 (1+14/100)3257 (1) the compensation under this act shall be payable to any state during thetransition periodcalculation and release of compensation30(2) the compensation payable to a state shall be provisionally calculated and released at the end of every two months period, and shall be finally calculated for every financial year after the receipt of final revenue figures, as audited by the comptroller and auditor-general of india:provided that in case any excess amount has been released as compensation to a state in any financial year during the transition period, as per the audited figures of revenue collected, the excess amount so released shall be adjusted against the compensation amount payable to such state in the subsequent financial year35(3) the total compensation payable for any financial year during the transition period to any state shall be calculated in the following manner, namely:––(a) the projected revenue for any financial year during the transition period, which could have accrued to a state in the absence of the goods and services tax, shall be calculated as per section 6;40(b) the actual revenue collected by a state in any financial year during thetransition period shall be—(i) the actual revenue from state tax collected by the state, net ofrefunds given by the said state under chapters xi and xx of the state goods and services tax act;45(ii) the integrated goods and services tax apportioned to that state;and (iii) any collection of taxes on account of the taxes levied by the respective state under the acts specified in sub-section (4) of section 5, net of refunds of such taxes,50as certified by the comptroller and auditor-general of india;(c) the total compensation payable in any financial year shall be the difference between the projected revenue for any financial year and the actual revenue collected by a state referred to in clause (b)5(4) the loss of revenue at the end of every two months period in any year for a state during the transition period shall be calculated, at the end of the said period, in the following manner, namely:––10(a) the projected revenue that could have been earned by the state in absence of the goods and services tax till the end of the relevant two months period of the respective financial year shall be calculated on a pro-rata basis as a percentage of the total projected revenue for any financial year during the transition period, calculated in accordance with section 6illustration—if the projected revenue for any year calculated in accordance with section 6 is one hundred rupees, for calculating the projected revenue that could be earned till the end of the period of ten months for the purpose of this sub-section shall be 100x(5/6)=rs8333);15(b) the actual revenue collected by a state till the end of relevant two months period in any financial year during the transition period shall be-(i) the actual revenue from state tax collected by the state, net of refunds given by the state under chapters xi and xx of the state goods and services tax act;20(ii) the integrated goods and services tax apportioned to that state, as certified by the principal chief controller of accounts of the central board of excise and customs; and25(iii) any collection of taxes levied by the said state, under the acts specifiedin sub-section (4) of section 5, net of refund of such taxes;30(c) the provisional compensation payable to any state at the end of the relevant two month period in any financial year shall be the difference between the projected revenue till the end of the relevant period in accordance with clause (a) and the actual revenue collected by a state in the said period as referred to in clause (b), reduced by the provisional compensation paid to a state till the end of the previous two months period in the said financial year during the transition period35(5) in case of any difference between the final compensation amount payable to a state calculated in accordance with the provisions of sub-section (3) upon receipt of the audited revenue figures from the comptroller and auditor-general of india, and the total provisional compensation amount released to a state in the said financial year in accordance with the provisions of sub-section (4), the same shall be adjusted against release of compensation to the state in the subsequent financial year40(6) where no compensation is due to be released in any financial year, and in case anyexcess amount has been released to a state in the previous year, this amount shall be refunded by the state to the central government and such amount shall be credited to the fund in such manner as may be prescribed| levy ||---------------|| collection of || cess |45 508 (1) there shall be levied a cess on such intra-state supplies of goods or services orboth, as provided for in section 9 of the central goods and services tax act, and such inter- state supplies of goods or services or both as provided for in section 5 of the integrated goods and services tax act, and collected in such manner as may be prescribed, on the recommendations of the council, for the purposes of providing compensation to the states for loss of revenue arising on account of implementation of the goods and services tax with effect from the date from which the provisions of the central goods and services tax act is brought into force, for a period of five years or for such period as may be prescribed on the recommendations of the council:provided that no such cess shall be leviable on supplies made by a taxable person who has decided to opt for composition levy under section 10 of the central goods and services tax act5(2) the cess shall be levied on such supplies of goods and services as are specified in column (2) of the schedule, on the basis of value, quantity or on such basis at such rate not exceeding the rate set forth in the corresponding entry in column (4) of the schedule, as the central government may, on the recommendations of the council, by notification in the official gazette, specify:10provided that where the cess is chargeable on any supply of goods or services or both with reference to their value, for each such supply the value shall be determined under section 15 of the central goods and services tax act for all intra-state and inter-state supplies of goods or services or both:51 of 19751552 of 1962provided further that the cess on goods imported into india shall be levied and collected in accordance with the provisions of section 3 of the customs tariff act, 1975, at the point when duties of customs are levied on the said goods under section 12 of the customs act, 1962, on a value determined under the customs tariff act, 19759 (1) every taxable person, making a taxable supply of goods or services or both, shall—returns, payments and refunds(a) pay the amount of cess as payable under this act in such manner;20(b) furnish such returns in such forms, along with the returns to be filed under the central goods and services tax act; and(c) apply for refunds of such cess paid in such form, as may be prescribed25(2) for all purposes of furnishing of returns and claiming refunds, except for the form to be filed, the provisions of the central goods and services tax act and the rules made thereunder, shall, as far as may be, apply in relation to the levy and collection of the cess leviable under section 8 on all taxable supplies of goods or services or both, as they apply in relation to the levy and collection of central tax on such supplies under the said act or the rules made thereunder30crediting proceeds of cess to fund10 (1) the proceeds of the cess leviable under section 8 and such other amounts as may be recommended by the council, shall be credited to a non-lapsable fund known as the goods and services tax compensation fund, which shall form part of the public account of india and shall be utilised for purposes specified in the said section(2) all amounts payable to the states under section 7 shall be paid out of the fund35(3) fifty per cent of the amount remaining unutilised in the fund at the end of thetransition period shall be transferred to the consolidated fund of india as the share of centre, and the balance fifty per cent shall be distributed amongst the states in the ratio of their total revenues from the state tax or the union territory goods and services tax, as the case may be, in the last year of the transition period40(4) the accounts relating to fund shall be audited by the comptroller and auditor-general of india or any person appointed by him at such intervals as may be specified by him and any expenditure in connection with such audit shall be payable by the central government to the comptroller and auditor-general of india45(5) the accounts of the fund, as certified by the comptroller and auditor-general ofindia or any other person appointed by him in this behalf together with the audit report thereon shall be laid before each house of parliamentother provisions relating to cess511 (1) the provisions of the central goods and services tax act, and the rules made thereunder, including those relating to assessment, input tax credit, non-levy, short-levy, interest, appeals, offences and penalties, shall, as far as may be, mutatis mutandis, apply, in relation to the levy and collection of the cess leviable under section 8 on the intra-state supply of goods and services, as they apply in relation to the levy and collection of central tax on such intra-state supplies under the said act or the rules made thereunder10(2) the provisions of the integrated goods and services tax act, and the rules made thereunder, including those relating to assessment, input tax credit, non-levy, short-levy, interest, appeals, offences and penalties, shall, mutatis mutandis, apply in relation to the levy and collection of the cess leviable under section 8 on the inter state supply of goods and services, as they apply in relation to the levy and collection of integrated tax on such inter state supplies under the said act or the rules made thereunder:15provided that the input tax credit in respect of cess on supply of goods and services leviable under section 8, shall be utilised only towards payment of said cess on supply of goods and services leviable under the said sectionpower to make rules12 (1) the central government shall, on the recommendations of the council, by notification in the official gazette, make rules for carrying out the provisions of this act(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—20(a) the conditions which were included in the total base year revenue of thestates, referred to in sub-clause (g) of clause (4) of article 279a of the constitution,under sub-section (3) of section 5;(b) the conditions subject to which any part of revenues not credited in theconsolidated fund of the respective state shall be included in the total base year revenue of the state, under sub-section (6) of section 5;25(c) the manner of refund of compensation by the states to the central governmentunder sub-section (6) of section 7;(d) the manner of levy and collection of cess and the period of its impositionunder sub-section (1) of section 8;30(e) the manner and forms for payment of cess, furnishing of returns and refundof cess under sub-section (1) of section 9; and(f) any other matter which is to be, or may be, prescribed, or in respect of whichprovision is to be made, by rules35laying of rules before parliament4013 every rule made under this act by the central government shall be laid, as soon asmay be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or 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 difficulties4514 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, on the recommendations of the council, 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 order shall be made under this section after the expiry of three years from the commencement of this act50(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament the schedule[see section 8 (2)]1 in this schedule, reference to a "tariff item", "heading", "sub-heading" and"chapter", wherever they occur, shall mean respectively a tariff item, heading, sub-heading and chapter in the first schedule to the customs tariff act, 1975 (51 of 1975)2 the rules for the interpretation of the first schedule to the customs tariff act, 1975(51 of 1975), the section and chapter notes and the general explanatory notes of the first schedule shall, so far as may be, apply to the interpretation of this schedule| s no | description of supply of | tariff item, heading, | the maximum rate at which ||---------------------------------|------------------------------|-------------------------|-----------------------------|| goods or services | sub-heading, chapter, | goods and services tax | || or supply of goods or | compansation cess may be | | || services, as the case | collected | | || may be | | | || (1) | (2) | (3) | (4) || 1 | pan masala | 2106 90 20 | one hundred and thirty-five || per cent | | | || ad valorem | | | || | | | || 2 | tobacco and manufactured | 24 | four thousand one hundred || tobacco substitutes, including | and seventy rupees per | | || tobacco products | thousand sticks or two | | || hundred and ninety per cent | | | || ad valorem | | | || or a combination | | | || thereof, but not exceeding | | | || four thousand one hundred | | | || and seventy rupees per | | | || thousand sticks plus two | | | || hundred and ninety per cent | | | || ad valorem | | | || | | | || 3 | coal, briquettes, ovoids and | 2701, 2702 or 2703 | four hundred rupees per || similar solid fuels manufac- | tonne | | || tured from coal, lignite, | | | || whether or not agglomerated, | | | || excluding jet, peat (including | | | || peat litter), whether or not | | | || agglomerated | | | || 4 | aerated waters | 2202 10 10 | fifteen per cent || ad valorem | | | || | | | || 5 | motor cars and other motor | 8703 | fifteen per cent || ad valorem | | | || | | | || vehicles principally designed | | | || for the transport of persons | | | || (other than motor vehicles | | | || for the transport of ten or | | | || more persons, including the | | | || driver), including station | | | || wagons and racing cars | | | || 6 | any other supplies | fifteen per cent | || ad valorem | | | || | | | | statement of objects and reasonsthe goods and services tax (compensation to states) bill, 2017, provides for payment of compensation to the states for loss of revenue arising on account of implementation of the goods and services tax for a period of five years in accordance with the provisions of section 18 of the constitution (one hundred and first amendment) act, 20162 the constitution (one hundred and first amendment) act, 2016, has amended the constitution to facilitate the introduction of goods and services tax in the country the amendments made in the constitution confer simultaneous powers upon parliament and the state legislatures to make laws for levy of goods and services tax on the supplies of goods or services or both section 18 of the constitution (one hundred and first amendment) act, 2016, provides that, "parliament shall, by law, on the recommendations of the goods and services tax council, provide for compensation to the states for loss of revenue arising on account of implementation of the goods and services tax for a period of five years"3 the goods and services tax (compensation to states) bill, 2017, inter alia, provides for the following, namely:—(a) to provide that the financial year 2015-16 shall be taken as the base year for the purpose of calculating compensation amount payable to states;(b) the revenue to be compensated shall consist of revenues from all taxes levied by the states which are now proposed to be subsumed under the goods and services tax, as audited by the comptroller and auditor general of india;(c) the projected nominal growth rate of revenue subsumed for a state during the transition period shall be fourteen per cent per annum;(d) to provide that the compensation shall be released bi-monthly against the figures given by the central accounting authorities provisionally and final adjustment shall be done after getting audited accounts of the year from the comptroller and auditor general of india;(e) to provide that in case of the eleven special category states referred to in article 279a of the constitution, the revenue foregone on account of exemption of taxes granted by states shall be counted towards the definition of revenue for the base year 2015-16;(f) the revenues of states that were not credited to the consolidated fund of the states but were directly devolved to "mandi" or "municipalities" would also be included in the definition of 'revenue subsumed' if these were collected under the authority of entries 52, 54, 55 and 62 of list ii of seventh schedule of the constitution and were subsumed in the goods and services tax;(g) to generate resources to compensate states for five years for any loss of revenue suffered by them on account of implementation of goods and services tax, a cess shall be levied on such goods, as recommended by the goods and services tax council, over and above the goods and services tax on that item;(h) the proceeds of the goods and services tax compensation cess shall be credited to a non-lapsable fund known as the goods and services tax compensation fund in the public account and all amounts payable to the states as goods and services tax compensation shall be paid from the goods and services tax compensation fund; and(i) any residual amount left in the compensation fund after five year compensation period shall be shared equally between the centre and the states fifty per cent of the amount remaining unutilised in the goods and services tax compensation fund at the end of the transition period shall be transferred to the consolidated fund of india as the share of the centre, and the balance fifty per cent shall be distributed amongst the states and union territories in the ratio of their total revenues from the state goods and services tax or the union territory goods and services tax, as the case may be, in the last year of the transition period 4 the bill seeks to achieve the above objectivesnew delhi;arun jaitleythe 23rd march, 2017 financial memorandumclause 10 of the bill seeks to provide that the proceeds of the goods and services tax compensation cess, as well as such other amounts as may be recommended by the goods and services tax council, shall be credited to a non-lapsable fund known as the goods and services tax compensation fund, which shall form part of the public account of india and shall be utilised for purposes specified in the clause 8 of the bill sub-clause (3) of clause 10of the bill seeks to provide that fifty per cent of the amount remaining unutilised in the goods and services tax compensation fund at the end of the transition period shall be transferred to the consolidated fund of india as the share of centre, and the balance fifty per cent shall be distributed amongst the states and the union territories in the ratio of their total revenues from the state goods and services tax or the union territory goods and services tax, as the case may be, in the last year of the transition period2 since the central goods and services tax rate shall be arrived at so as to protect the present revenues of the central government from the indirect taxes being subsumed under goods and services tax, the union government would need additional source of revenue to compensate any state which may suffer drop in revenue collection on account of implementation of goods and services tax clause 8 of the bill, thus, proposes to levy a goods and services tax compensation cess, the proceeds of which shall be used directly for the payments of goods and services tax compensation to the states memorandum regarding delegated legislationclause 5 of the bill seeks to provide the detailed procedure for calculating the base year revenue of a state on the recommendations of the goods and services tax council sub-clause (3) of the said clause empowers the central government to prescribe the conditions subject to which, the amount of revenue foregone on account of exemptions or remission given by a state government to promote industrial investment in the said state would be included in the total base year revenue of the states, in respect of states referred to in sub-clause (g) of clause (4) of article 279a of the constitution sub-clause (6) of the clause 5 empowers the central government to prescribe the conditions subject to which, any part of revenues not credited in the consolidated fund of a state shall be included in the total base year revenue of the concerned state2 clause 7 of the bill seeks to provide the detailed procedure for calculating and releasing the goods and services tax compensation amount to a state sub-clause (6) of clause 7 empowers the central government to prescribe the manner of refund of compensation by a state to the central government, in case excess goods and services tax compensation is paid to the said state by the central government3 clause 8 of the bill seeks to levy a goods and services tax compensation cess on certain supplies of goods and services sub-clause (1) of clause 8 empowers the central government to notify the manner of levy and collection of the cess and the period of its imposition4 clause 9 of the bill seeks to provide that every taxable person shall pay the cess, furnish returns and apply for any refund due sub-clause (1) of clause 9 empowers the central government to make rules for prescribing the manner and forms for payment of cess, furnishing of returns and refund of cess5 the matters in respect of which notifications may be issued or rules may be made in accordance with the aforesaid provisions of the bill are matters of procedure and detail and it is not practicable to provide for the same in the bill itself the delegation of legislative power is, therefore, of a normal character lok sabha———— a billto provide for compensation to the states for the loss of revenue arising on account of implementation of the goods and services tax in pursuance of the provisions of the constitution (one hundred and first amendment) act, 2016————(shri arun jaitley, minister of finance and corporate affairs) | Parliament_bills | 5b6ade39-348d-5be1-8e4d-3212ecabb07f |
bill no 196 of 2018 the payment of subsistence allowance to farmers and agricultural labourers bill, 2018 by dr udit raj, mp a billto provide for the payment of subsistence allowance to farmers and agricultural labourers in order to provide social security to them and their family members and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the payment of subsistence allowance to farmers and agricultural labourers act, 2018short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force on such date, as the central government may, by notificationin the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) "agricultural labourer" means any person who works on land belonging to others for wages in cash or kind having a total family income of not more than rupees three thousand per month from all sources;10(b) "applicant" means a farmer or agricultural labourer who has applied for the subsistence allowance;(c) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(d) "family" means the members of a family related to each other by blood, marriage or adoption and normally residing together and sharing meals or holding a common ration card;5(e) "farmer" means any person who owns agricultural land not exceeding four hectares and includes a share-cropper or a person who cultivates land belonging to others under the tenancy system having a total family income of not more than rupees five thousand per month from all sources; and(f) "prescribed" means prescribed by rules made under this act103 notwithstanding anything contained in any other law for the time being in force, the appropriate government shall pay subsistence allowance at the rate of:—(a) rupees five thousand per month to every farmer; and (b) rupees two thousand per month to every agricultural labourersubsistence allowance to the farmers and the agricultural labourers154 (1) the appropriate government shall appoint an officer not below the rank of sub-divisional officer as the nodal officer for the purpose of identification of beneficiaries under the provisions of this actsub-divisional officer to work as the nodal officer20(2) the nodal officer shall invite applications in such form, as may be prescribed, for availing of subsistence allowance under the provisions of this act from amongst farmers and agricultural labourers who are eligible for payment of subsistence allowance under the provisions of this act and who have been working as such farmer5 the appropriate government shall designate an officer not below the rank of block development officer for the purpose of receiving applications from farmers and agricultural labourers for payment of subsistence allowance under this actblock development officer to receive applications25application for subsistence allowance6 any person who intends to apply for subsistence allowance under this act shall apply to the block development officer for registration of his name in such form as may be prescribed under sub-section (2) of section 47 (1) the block development officer shall collect all the applications and forward them to the sub-divisional officer30block development officer to collect and forward the applications(2) the sub-divisional officer shall, after holding such inquiry as he may deem necessary, but, in no case later than thirty days from the date of receipt of applications, either admit or reject the application:provided that in case no decision is made on an application within thirty days, the applicant shall be deemed to be eligible for payment of subsistence allowance under this act35(3) the sub-divisional officer shall record, in writing, the reasons for rejection of an application, if any, under the act(4) any applicant aggrieved by the decision of the sub-divisional officer may prefer an appeal to the district magistrate in such form and manner as may be prescribed(5) the procedure for disposing of an appeal shall be such as may be prescribed:40provided that before disposing of an appeal, the applicant shall be given a reasonable opportunity of being heard(6) it shall be the duty of the sub-divisional officer to maintain, review and publish a tehsilwise list of the beneficiaries under the act once in every six months8 the mode of payment of subsistence allowance to the farmers and agricultural labourers and their family members, in case of death of a farmer or agricultural labourer, shall be such as may be prescribed by the central governmentmode of payment of subsistence allowance to family members of agricultural labourers or farmers5| 9 ||----------------------------------------------------------------------------------------------|| at the district and the state level for the purposes of monitoring the implementation of the || provisions of the act || every state || government || and union || territory || administration || to set up a || special cell |10 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the farmers and agricultural labourers welfare fund10(2) the central government and the state governments shall contribute to the fund in such ratio as may be prescribedconstitution of farmers and agricultural labourers welfare fund(3) there shall also be credited to the fund such other sums as may be received by way of donation, contribution or assistance(4) the fund shall be utilized for carrying out the purposes of this act1511 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds for carrying out the purposes of this actcentral government to provide adequate funds penalty12 (1) whoever contravenes the provisions of this act shall, on conviction, be liable to a fine which may extend to one thousand rupees20(2) in case the convicted person is an employee of the central/state government/union territory administration, the penalty provided under sub-section (1) shall be in addition to the departmental disciplinary action initiated against himact to haveoverriding effect13 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force but except as above, the provisions and the rules made under this act shall be in addition to and not in derogation of any other law for the time being in force25power to make rules14 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act30(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsagriculture is a prominent sector of indian economy about two-third population of the country is dependent on agriculture for their livelihood recent times have witnessed phenomenal growth in other sectors due to heavy public-private investments lack of investment in agriculture has resulted in de-accelerated growth and increase in input-cost of agricultural produce to overcome the resource constraints, agriculturalists fall back upon loans secured at high rates of interests from banks and financial institutions failed crops, ineffective pesticides, poor quality of seeds and high debts have led to multiple incidents of suicides by farmers across the countrya healthy agricultural sector is essential not only for food security of the nation but also to keep inflation and prices of essential commodities under check an unprofitable and debt-ridden agricultural sector would not be able to provide for even the basic needs of farmers, agricultural labourers and their dependents therefore, there is an urgent need to address the basic needs of the farmers and agricultural labourersthe central and state governments are under constitutional obligation to ensure the survival of the farmers and to provide financial resources for agriculture in order to prevent any further loss of livesin view of the above, the farmers and agricultural labourers need the support of the state so that their economic handicap do not come in the way of their survival and social developmenthence this billnew delhi;udit rajnovember 27, 2018 financial memorandumclause 3 of the bill provides for payment of subsistence allowance to the farmers and the agricultural labourers clause 9 provides for setting up of special cells at the district and state level for the purposes of monitoring the implementation of the provisions of the act clause 10 provides for constitution of a farmers and agricultural labourers welfare fund clause 11 provides that central government shall provide adequate funds to the state governments for carrying out the purposes of the act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees ten thousand crores per annum would involve from the consolidated fund of indiaa non-recurring expenditure of rupees one hundred crores is also likely to be involved memorandum regarding delegated legislationclause 14 of the bill empowers the central government to make rules for carrying out the purposes of 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 payment of subsistence allowance to farmers and agricultural labourers in order to provide social security to them and their family members and for matters connected therewith or incidental thereto————(dr udit raj, mp) | Parliament_bills | f2e252be-3d8c-5666-9ddb-0020352b61c0 |
financial memorandum,clause 4 of the bill provides that the commission shall cause the annual certified copy of the audited accounts together with the audit report thereon of each political party to be published in such manner, as may be prescribed the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees twenty lakh per annum no non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail only and as such the delegation of legislative power is of a normal character | Parliament_bills | ab9f4140-96b8-5c0f-8c8f-5e6e09a2c63e |
| | | | sno | names | of | the | institutions | of | excellence, | etc ||----------------|------------------|--------------|--------------------|-------------|-------------|-----------|-----------------|-------------|----------------|----------|| j | homi | bhabha | national | institute, | mumbai | and | its | constituent | units, | namely:— || bhabha | atomic | research | centre, | trombay | ss | | | | | || ~ | (i | | | | | | | | | || indira | gandhi | centre | for | atomic | research, | kalpakkam | | | | || (ii) | | | | | | | | | | || (ii) | | | | | | | | | | || raja | ramanna | centre | for | advanced | technology, | indore | | | | || institute | for | plasma | research, | gandhinagar | | | | | | || (iv) | | | | | | | | | | || variable | energy cyclotron | centre, | kolkata | | | | | | | || () | | | | | | | | | | || saha | institute | of | nuclear | physics, | kolkata | lo | | | | || wi) | | | | | | | | | | || (vii) | | | | | | | | | | || institute | of | physics, | bhubaneshwar | | | | | | | || (viii) | | | | | | | | | | || institute | of | mathematica! | sciences, | chennai | | | | | | || harish-chandra | research | institute, | allahabad | | | | | | | || (ix) | | | | | | | | | | || tata | memorial | centre, | mumbai | | | | | | | || @) | | | | | | | | | | || 2 | tata | institute | of | fundamental | research, | mumbai | is" | | | || north-eastern | indira | gandhi | regional | institute | of | health | and | medical | science, | || shillong | | | | | | | | | | || national | brain | research | centre, | manesar, | gurgaon | | | | | || jawaharlal | nehru | centre | for | advanced | scientific | research, | bdngaldre | | | || physical | research | laboratory, | ahmedabad | zo | | | | | | || space | physics | laboratory, | thiruvananthapuram | | | | | | | || we | | | | | | | | | | || en | | | | | | | | | | || aw | | | | | | | | | | || ss | | | | | | | | | | || indian | institute of | remote | sensing, | dehradun | | | | | | |part iv of the constitution containing the directive principles of state policy, im article 46, lays down that the state shall promote with special care the educational and economic interests of the weaker sections of the people, aad, in particular, of the scheduled castes and the scheduled tribes, and shal! protect them from social injustice access to education is of utmost importance in insuring advancement of persons belonging to the scheduled-castes, the scheduled tribes, and the socialty and educationally backward classes of citizens, who are also referred to as the other backward classes (obcs) 2 the constitution (93rd amendment) act, 2005, inserted clause (5) in article 15 of the constitution, with a view to promote the educational advancement of the socially and educationally backward classes of citizens, the scheduled castes and the scheduled tribes through special provisions relating to admission of students belonging to these categories in all educational institutions, including private educational institutions, whether aided or unaided by the state in terms of this provision, parliament as well as the state legislatures are empowered to make appropriate laws for the educational advancement of the weaker sections of the people 3 with a view to give effect to the consitutiona! provisions, it is expedient and necessary to make statutory provisions in the proposed biff for reservation in matters of admissions for the students belonging to the scheduled castes (scs), the scheduled tribes (sts) and the socially and educationally backward classes of citizens (obcs) in the central educational institutions, including institutions deemed to be universities established, maintained or aided by the central government the provisions of the proposed bill, inter alia, will not apply to the minority educational institutions referred to in clause (/) of article 30 4 the bill seeks to achieve the above objective new dea; arjun singh the 23rd august, 2006clause 5 of the bill makes provision for mandatory increase of seats in the central educational institutions, which will be attained over a maximum period of three years beginning with the academic session following the commencement of provisions of the bill though, it may not be possible to quantify the financial requirement on this account at this stage, whatever be the expenditure, it would be met from the consolidated fund of india through budgetary provision under the department of higher education, ministry of human resource development the bill does not involve any other expendituresub-clause (g) of clause 2 of the bill defines the expression "other backward classes" so as to mean the class or classes of citizens who are socially and educationally backward and are so determined by the central government sub-clause (/) of clause 2 empowers the central government to notify other branches of study 2 proviso to sub-clause (4) of clause 4 empowers the central government to amend, as and when considered necessary, the schedule to the bill, containing the names of the institutions of excellence, research institutions of national and strategic importance subclause (d) of clause 4 empowers the central government to specify the courses or programmies at high levels of specialisation, including at the post-doctoral tevel, to which the provisions of the bill shall not apply ny 3 clause $ empowers the centra! educational institutions to increase the number of seats in a branch of study or faculty with the prior approval of the appropriate authority; and provides that the central government may, in consultation with the appropriate authority, permit, by notification, the central educational institutions to increase the annual permitted strength over a maximum period of three years in certain exigency 4 clause 7 provides that every notification made under this bill shall be laid before both the houses of parliament 5, all the matters in respect of which notifications 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 legistative power is, therefore, of a normal character | Parliament_bills | fa0a5202-1852-5a37-ad8a-a715b44e5f94 |
bill no 56 of 1985 the goa, daman and diu (absorbed employees) bill, 1965a bill to provide for the regulation of the conditions of bervic~ of persons absorbed for service in connection with the administtation of the union territory af goa, daman and diu and for matters connected therewith be it enacted by parliament in the sixteenth year of the republic of india as fonows:-l this act "may be called the goa, daman and diu (absorbed sbort udi " employees) act, 1965 z in this act, unless the context otherwise requires,-debitiom ,-(a) "absorbed employee" means a person who immediately before the 20th day of december, 1961, was holding an absorbed post and who on and after that date" either served or has been h1'vbig in that or any other post in connection with the administration of the union territory of goa, daman and diu or in any-of the departments--4f-the-cen1ralgovernment; __ _ (b) "absorbed post" means a civil service or post which existed under the former portuguese administration in goa, , daman and diu immediately before the 20th day of december, 1961 3 (1) the central government may make rules-(a) for the regulation of recruitment to absorbed posts and the eoaditlons of service of absorbed employees; 10 (b) for the regulation of the egnditions of serviee of persona who were in the serviee of a corporation (whether known s - junta or otherwise) immediately before the 20th day of deeemher, 1961, and who on or after: that date either served or have been serving in eonneetioo with the administration of the union is territory of goa daman and diu or idl any of the departments 01 the central government (2) any sueh nile may be made so as to be retrospeetive to any date not earlier than the 20th day of deeember, 1961: provided that no person shall, 'by virtue of such retrospective 20 effect, bet liable to refund any amount paid to him by way of salary or allowances or pension before the making' of any such rule (3) every rule made under this section shall be laid, as soon a8 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 2s in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall, thereafter, have effect! only in such modified fonn or be of no 30 effect, as the case may be; so however that any such modification -or annulment shall be without prejudice to tlnavalidity of anything previously done under that rule , (1) on the making of any rule under section 3, the corresponding law, if any, in respect of any matter for which provision is 3s made in that rule, shall stand repealed with effect from the date of the coming into 'force of that rule (2) the provisions of sections 6 and 24 of the general clauses act, -1897, shallj apply to such repeal as if the rule and the corresponding law ~erred to in sub-section (1) were central acts 40 5 if any difticulty arises in giving effect to the provisions of this power to act or any rule made thereunder in relation to any absorbed =: dillemployee 01'- any personreferred-tg- inclause(bj-of sub-section (1) of section 3, the central government may, by order, make such pro-s vision as appears to it to be necessary or expedient for removing the difficulty: provided that the power under this section shall not be exerclloable after the expiration of a period of two years from the commencement of this act statement of objects and reasonswhen goa, daman and diu were integrated with the union of india and constituted a union territory in decem~~ 1961, a number of persons who -were-irrthe-serviceof the portuguese j\~stra tion including persons employed in some of the corporate bodies, were taken over by the government of india by virtue of section 5 of the goa, daman and diu (administration) act, 1962, the conditions of service of these employees are still regulated by a decree called' "the estatuto do funcionalismo ultramarino", ie, the statute of the overseas functionaries this statute also regulates the mode of recruitment to the civil services and posts which existed in th~~ areas when they became part of india the pattern of conditions qf service provided by the statute and the other provisions thereof are different from those applicable to other persons employed in connection with the affairs of the union consequently, difficulties have arisen in properly: integrating these employees and also in reorganising the administrative agencies in the union territory of goa, daman and diu on the lines obtaining in the rest of the country to remove these difficulties, it is necessary to modify the provisions of the statute but, as the statute has the force of law, its provisions cannot be modified' except by or under an act of parliament the bill, therefore, seeks to empower the central government to regulate recruitment to the civil services and posts referred to above and also to regulate the conditions of service of the absorbed employees and for the repeal of the corresponding provisions of the statute of the overseas functionaries ' g l nanda new delhi; the 27th august, 1985 presment's recommendation under article 117 of the constitution of india[copy of letter no f 1-45/64-goa, dated the 7th september, 1968 from shri jai sukh la! hawli, minister of state in the ministry of home mairs to the secretary, lok sabha] the president having been informed of the subject matter of the bill to provide for the regulation of the conditions of service of persons absorbed for service in connection with the administration of the union territory of goa, daman and diu, recommends, under clause (3) of article 117 of the constitution, the consideration of the said bill in the lok sabbs about 5,000 persons who were serving in the portuguese administration or corporate bodie were taken over by the central government consequent on integration of goa, daman and diu with the union of india of these, about 1,250 employt!\' have been absorbed by the various departments of the central ~~vernmentand the others have served or are serving in connection with the administration of the union territory the bill if enacted and brought into force will involve additional~nditure from the consolidated fund of india in respect of the employees absorbed by the departments of the central government, only if the rules which may be made provide for conditions of service more liberal than those at present enjoyed by these employees as details of the scale of pay, etc, which may be allowed to these employees are still being worked out, it is not possible to give an estimate of the additional expenditure, if any, involved at this stage any expenditure which may arise consequent on the appucation of the rules to the persons serving in connection with the administration of the union territory will be met from the consolidated fund of the union territory - mimorandum regarding delegated legisla'rtonsub-clause (1) of clause 3 of the bill provides that the ~entrai government may make rules for regulation of recruitment to absorbed· posta and conditiolls of service of absorbed employees as well as of employees serving in corporate bodies before the 20th d&eember, ib61, and subsequently absorbed by the administration of the territory or any department of the central goverrament under sub-clause (2) of clause 3, the central government ·may give retrospective e1!ect to any of the rules from a date not earlier than 20th december, 1961 'this provision has been made because in regard to certain matters like travelling allowance, the central rules have already been made applicable to these employees the matters in respect of which rules are to be made are those mentioned in the proviso to article 309 in respect of which the president is already empowered to make rules the delegation of legislative power is, therefore, of a normal character a billto provide for the regulation of the conditions of service of persons absorbed for service in connection with the administration of the union territory of goa, damw and diu and for matters connected therewith (shri gulzarilal nanda, minister of home affairs) | Parliament_bills | ed82f3ab-b18f-5053-be07-b540a1941f63 |
·to _, the delhi co-operative soci~ties bill, 1970 no be/as 1ntroduced'iri,lok sabh~_71 page (iv), 11ne 7,~ , for "penalities" read "penalties" --2 page 6, line 28,-after "until" omit " " , , -3 page ~,-in the marginal heading -to c1~use 20~-for itmetrbert• ~ "me'llrbers" 4 page 9, line 19,-m ",proft tit ~ "profi'ts lt 5 page 15, line 2,-for "socities" read "societies" 6 page 16, line 10,-for it thereon" re ad ii thereinll -7 page 16, line 19,-for "himblt !:!!2 "him" 8 page 16, line 31,-!!?! fsociety' ~ '''society'',' 9 page 18, line 8,· omit· "and" -10 page 21, line 6,-for "vochers" -read itvouchers" , 11 page 21, line 14,-~ "require" 12 page 21, line 37, -" ill it persons ii read "person" -13 page 21, line 41,-after "shal 1" omit -" " , 14 page 21, line 43,-!e! "person" ~ "parsons" ~5 page 22, in the marginal heading to clause 57,-for 11 coe t" r(? ad "c os ts" -16 page 22, line 40,-after "heard" insert " ,it , 17 page 23, line 45,-"6 ')" !2!: "69" read -18 page 25, line 11,-after "ins urance" insert "corpor a tion" 19 page 26, line 14,-after "of" insert" a" --20 page 29, in the m<trginal he'adtng to clause 77,-ill "for" recld "or" 21 page 29, line 39,-for "of the" ~ "of thisl\ ?2 page 30, line 36,-!it er ii as" insert ii to" , 23 page 3'), line 43,-after "of" omit " "i , 24 pas;e 30, line 46,-for liof" re9d "or" --25 page 32, ,line 19,-ii " , after "order" omit -26 page 32, lin~ 39, for the marginal citation 117 of 1925" re ad "boj'1 7 of 1925" 27 page 33, line 37,-for "proceedings" read "proceedingl1 -' -28 page 34,- , for the existihg marginal heading to clause 97,-read "rules!' 29 correct line numberg on pagee 21and 24 new delhi; march 20, 1970 phalguna 29, 1891 (sak!3') arrangement of clauses clauses chapl'er i preliminary1 short title, extent and commencement 2 definitions chapter ii rzgistration of co-opbrativr socd:tms3 registrar 4 societies which may be registered 5 restrictions on registration 6 restrictions on holding of shares 7 applicati<m for registration 8 power of the registrar to decide certain questions 9 registration 10 registration certificate 11 amendment of bye-laws of a co-operative society 12 when amendments of bye-laws come into force 13 change of name 14 change of liability 15 amalgamation, transfer of assets and uabilities and division of co-operative societies 16 power to direct amalgamation, division and reor,anisation in public interest, etc 17 registrar to prepare scheme of amalgamation of co-operative bank in certain cases 18 liability of a co-ctperative bank to the deposit insurance corporation 19 cancellation of registration certiftcates of co-operatlve societies in certain cases chapter iii members 01' co-oplrative 80cietiis and their illgh'i'b aim lia8nrrds20 persons who may become members 21 nominal or assaciate members 22 member not to exercise rights till due payment made 23 votes of members clausbs24 manner of exercising vote 25 restriction on transfer of shares or interest :26 transfer of interest on death of members 27 liability of 'past member and estate of deceased member chapter iv management of co-operative societies28 final authotity in a co-operative society 29 annual general meeting 30 special general meeting 31 election and nomination of members of committees 32 supersession of committee 33 securing possession of recor'ds, etc 34 acts 01 co-operative societies not to -be invalidated by certain defects chapter v privileges or co-operative socie'l'les35 co-operative societies to be bodies corporate 36 first charge of co-operative society on certain assets 37 charge on immovable property of members borrowing loans from certain societies 38 charge and set-off in respect of share or contribution or iriterest of members 39 share or contribution or interest not liable to attachment 40 register of members 41 admissibility of copy of entry as evidence 42 exemption from compulsory registration of instruments 43 exemption from certain taxes, fees and duties 44 deduction from salary to meet co-operati've society's claim in certain eases 45 other forms of state aid to co'-operative societies chapl'er vi properties and funds or co-operative societies46 funds not to be divided by way of profit ", 47 contribution to charitable purpose :48 contribution to co-operative education fund 49 investment <:if funds so restrictions on loans 51 restrictions on borrowings 52 restrictions on other transactions with non-memben chapter vii audit, inquiby, inspection and surcharge, " 53 audit 54 55 inspection of societies inquiry by registrar 56 inspection of books of indebted societies 57 costs of inquiry 58 recovery of costs 59 surcharge chapter viii se'l"l'lement of displ1tj!360 disputes which may be referred to arbitration 61 reference of disputes to arbitration 62 power of financing bank to proceed chapter ix winding up of co-opdlative societies63 winding up of c<t-operative societies 64 winding up of co-operative banks at the direction ot'the reserve bank 65 reimbursement to the deposit insurance corporation by the liquidators 66 uquidator 67 powers of liquidator 68 priority of contributions assessed by liquidator, 69 power of registrar to cancel registration of a co-operative society chaprer x execution of awards, decrees, orders and decisions70 enforcement of charge 71 execution of orders, etc 72 execution of orders <if liquidator 73 attachment before award 74 registrar or person empowered by him to be civil court for certain purposes 75 recovery of sums due to government chapter xi76 appeals 77 no appeal or revision in certain casee· clauus78 delhi co-operative tribunal 79 review of orders of tribunal 80 revision 81 interlocutory orders chapter xii offences and penalities82 offences 83 cognizance of offence 84 address of societies 85 copy of act, rules and bye-laws, etc, to be open to inspection 86 prohibition against the use of the word "co-operative" 87 power to exempt societies from conditions as to registration 88 power to exempt ca-operative societies from provisions of the act 89 liquidator to be public servant 90 notice necessary in suits 91 companies act not to apply 92 saving of existing societies 93 bar of jurisdiction of courts 94 powers of civil court 95 indemnity 96 qualifications, remunerations and other conditions of service of employees of c~operative societies 97 rules 98 repeal and savings billto c07l80zidate and amend the law relating to co-oper~tive societies in the union f4e'mitory of delhi bill it enacted by parliament in the twenty-first year of the republic of india as follows:- chapter i preliminary5 1 (1) this act may be called the delhi co-operative societies act, short 1970 ut~, (2) it extends to the whole of the union territory of delhi extent and commencement (3) it shall come into force on such date as the lleutenant-governor may, by notification in the delhi gazette, appoint z in this aft, unless the context otherwise requires,-10 deftnitiona (a) '''bye-laws'' means the registered bye-laws for the tbne being in force, and includes registered amendments of such bye-laws; (b) "committee" means the governing body of a co-operative society, by whatever name called, to which the management of the i, a1fa1~ of the society is entrusted; (c) "co-operative bank" shall have the same meaning as is assigned to it in the deposit insurance corporation act, 1961; 47 of 1961 (d) "co-operative society" means a society registered or deemed to be registered under this act; (e) "oo-operative society with limited liability" means a co- s operative society the liability of wlwse members is limited by its bye-laws to the amount, if any, unpaid on the shares individually held by them or to such amount as they may individually undertake to contribute to the assets of the society, in the event of its being wound up; 10 (f) "co-operative society with unlimited liability" means a cooperative society the liability of whose members is unlimited for the purpose of contributing jointly and severally to any deficiency in the assets of the society in the event of its being wound up; (g) "deposit insurance corpo'l'ation" means the deposit insur- is ance corporation established under section 3 of the deposit insurance corporation act, 1961; 47 of 1961 (h) "federal society" means a society-(a) not less than five members of which are themselves societies; and 20 (b) in which the voting rights are sa regulated that the members which are societies have not less than four-fifth of the total number of votes in the general meeting of such society; (i) "financing bank" means a co-operative society, the objects of which include the creation of funds to' be lent to other co-operative 25 societies; (;) "lieutenant-governor" means the administrator of the union territory of delhi appointed by the president under article 239 of the constitution; (k) "member" means a person joining in the application for the 30 registration of a co-operative society and a person admitted to mem- bership after such registration in accordance with this act, the rules and the bye-laws, and includes a nominal and an associate member and the central government when it subscribes to the share capital of a society; 35 (1) lcofficer" means the president, vice-president, chairman, vicechairman, managing director, secretary, manager, member of committee, treasurer, liquidator, administrator and includes any other person empowered under the rules or the bye-laws to give directions in regard to the business of a co-operative society; 40 (m) "prescribed" means prescribed by rules; (71) "registrar" means a person appointed to perform the functions of the registrar of co-operative societies under this act, and includes any person appointed to assist the registrar when exettising all or any of the powers of the registrar; 4s (0) "reserve bank" means the reserve bank of india constituted under the reserve bank of india act, 1934 ~ ot 1934 (p) "rules" me8ds the rules made ~der this act; '(q) "tribunal" means the delhi co-operative tribunal constituted under section 78 chapter ii registration of co-operative societies3 (1) the lieutenant-governor may appoint a penon to be tile be-regia gistrar of co-operative societies for the union territory of delhi and may trar ,appoint other persolll to assist him (2) the lieutenant-governor may, by general or special order, confer 10 on any person appointed to assist the registrar all or any of the powers of the registrar under this act (3) every person appointed to assist the registrar shall exercise the powers canferred on him under sub-section (2) subject to the general guidance, superintendence and control of the registrar is (4) the lieutenant-governor may, by notification in the delhi gaze,te and subject to such conditions as he may think fit to impose, confer all or any of the powers of the registrar under this act on any federal ~iety, or an officer of such federal society; and every such federal society or officer on whom the powers of the registrar are so conferred ~o shall exercise such powers under the general guidance, superintendence and control of the registrar societies which may be registered 4 (1) subject to the provisions hereinafter contained, a society which has as its object the promotion of the economic interests of its members in accordance with c<1-operative principles, or a society established with 2s the object of facilitating the operations of such a society, may be registered under this act with or without limited liability: provided that no society shall be registered if it is likely to be econo-'mically unsound or the registration of which may have an adverse effect on development of co-operative movement: 30 provided further that, unless the lieutenant-governor by general or special order otherwise directs, the liability of the society of which a member is a co'-operative society shall be limited (2) the word "limited" or its equivalent in any indian language shall be the last word in the name of every society registered under this act 3s with limited liability 1iedrie tioftll on real-trauon 5 no society other than a federal society shall be registered under this act unless it consists of at least ten persons (each of such pel1jons being a member of different family), who are quali1ied to be members under this act and who reside in the area of operation of the society ezplanation-for the purposes of this section the expression "mem-40 ber of a family" means wife, husband, father, mother, grand-father, grand-mother step-father, step-mother, son, un-married daughter, un·married step-daughter, step-son, grand-son, un-married grand-daughter, unmarried sister, un-married half-sister, brother, half-brother and wife of 4sbrother or half-brother restrjctions on hold ing of shares 6 no member other than the central government or a co-operative society shall hold more than such portion of the share-capital ot a c0-operative society, subject to' a maximum of one-fifth, as may be prescribed or have or claim any interest in the shares of such society exceeding ten thousand rupees, whichever is less 5 7 (1) for the purposes of registration, an application shall be made to the registrar (2) the application shall be signed,-appli cation for registration (a) in the case of a society of which no'member is a eo-operative society, by at least ten persons qualified in accordance with the re- 10 quirements of section 5; and (b) in the case of a society of which a member is a eo-operative society, by a duly authorised person on behalf'o'f every such society and where all the members of the society are not co-operative societies, by ten other members, or when there are less than ten other 1$ members, by all of them 8 where any question arises whether for the purpose 'o'f this act a person resides in the area of operation of a society or not, or whether a society is of same type as another society or '0'1 different type, the question shall be decided by the registrar whose decision shall be final 3q 9 (1) if the registrar is satisfied-power o'i the registrar to decide certain questions re,is tration (a) that the application complies with the provisions of this act and the rules; (b) that the objects of the proposed ljo'ciety are in accordance with section 4; 2s (c) that the proposed bye-laws are not contrary to the provisions of this act and the rules; and (d) that the proposed society has reasonable chances of success, the registrar may register the society and its bye-laws (2) when the registrar refuses to register a society, he shall com- 30 municate the order of refusal, together with the reasons therefor, to such of the applicants as may be prescribed (3) the application for registration shall be disposed of by the registrar within a period of two months from the date of receipt thereof by him 35 regis tration oertific'ate 10 where a society is registered under this act, the registrar shall issue a certificate of registration signed by him, which shall be codclusive evidence that the co-operative society therein mentioned if duly registered under this act 11 (1) no amendment of any bye-laws of a co-operative society sha1140 be valid unless such amendment has been registered under this act (2) every proposal for such amendment shall be forwarded to the registrar and if the registrar is satisfied that the proposed amendment-amendment ot by-laws ot a co_ operative aoc1etl" (a) is not contrary to the provisions of this act and the rules; (b) does not con1lict with co-operative principles; and (c) will promote the economic interests of the members of the society, he may register the amendment s (3) the registrar shall forward to the society a copy of the registered amendment together with a certificate signed by him and such certificate shall be conclusive evidence that the amendment has been duly registered , (4) where the registrar refuses to register an amendment of the bye- ' 10 laws of a co-operative society, he shall communicate the order of refusal together with the reasons therefor, to the society in the manner prescribed when amend· 12 an amendment of the bye-laws of a co-operative society shall, unless it is expressed to come into operation on a particular day, come into 15 force on the day on which it is registered men~ of bye-law come into force chanae of name 13 (1) a co-operative society may, by an amendment of its bye-laws, change its name but such change shall not affect any right or obligation of the society or of any of its members or past members, and any legaj proceedings pending may be continued by or against the society under 20 its new n a m e · "~ (2) where a co-operative society changes its name, the registrar shall enter the new name on the register of co-operative societies in place of the former name and shall amend the certificate of registration accordingly , chan, of uabilfty 25 14 (1) subject to the provisions of this act and the rules, a co-operativesociety may, by an amendment of its bye-laws, change the form or extent of its liability (2) when a co-operative society has passed a resolution to change the form or extent of its liability, it shall give notice thereof in writing to 30 all its members and creditors and, notwithstanding any bye-law or contract to the contrary, any member or creditor shall during a period of one month from the date of service of the notice upon him, have the option of withdrawing his shares, deposits or loans, as the case may be (s) any member or creditor who does not exercise his option within 35 the period specified in sub-section (2) shall be deemed to have assented to the change (4) an amendment of a bye-law of a co-operative society changing the form or extent of its lfabtlity shall not be registered or take effect until either-40 (a) the assent thereto of all members and creditors has been obtained; or (b) all claims of members and creditors who exercise the option referred to in sub-s~lon (1) wtthi!l the period specified therein have been met in full 15 (1) a co·operative society may, with the previous approval of the registrar and 'by a resolution passed by a two-thirds majqj;'i~y of the members present and voting at a general meeting of the society,,",,":,, (4) transfer its assets and 1iabiuti~s in ~bo~e or in pvt 19 '-!11 other co-operative society; s (b) divide itself into two or more c{)oooperative sqcieti,cr~· amalgamation, transfer of useta and lla· biutjea and division of co-operative locietie • (2) any two or more co-operative societies may, with the previous approval of the registrar and by a resolution passed by a two-thirda iji\~orit}' of the m~mbers p~~sent and vc;>ting at a '~e~~~aj~~, of ~~ch '$~h soci,ety, amalgamate themselves and fon:n a new coo:o~fra~ve i~ ~~~ty' (3) the resolution of a co-operative society under sub-section (l) or sub-section (2) shall contain all particulars of the transfer, division or • ~ , r , ! i ,1' amalgamation, as the case may be: ," ( ','''''''' provided that in the case of a co·operatlve bank the registrar shall i, not accord approval to any such resolution without the previous sanction in writing of the reserve bank (4) when a co-operative society has passed any such resolution it shall give notice thereof in writing to all its members and cre<iito" add notwithstanding any bye-laws or conttact to the contrary, any member 20 or creditor shall, during the period of one month of the date of servt~ of the notice upon him, have the opti<m of withdrawing hit· shares, de-p,osus or loan,s, as the case m"ly be (s) any member or creditor who does not exercise hjs opijnll witnjl the pe,riod specified in sub-section (4) shall be d~etqe4 to have ~~ 2s to the proposals contained in the resolution (6) a resolution passed by a co-operative society under this section shall not take effect until, either- , , , '' " ' , (a) the assent thereto of all the members a~cr,~ as ~ obtained; or ,- " 30 (b) all claims of memb~rs and creditors; wh9,e'f~rc~,~~ ~~ op~<?~ referred to in 5ub-sectiqn (4) within the p~rir~, sp~~ill~~,t~~r,t:jp l)avj! heen met in full (7) where a re!lolution passed by a co-operative society under this section involves the transfer of any assets and habi1fti~ the resohdkm 3s sball notwlt~statlding anything ('ont~ip~$i inapy iflw f91' th~ ~~ ~nlf in rpl:'ce, be a sufflci~l'\t convevancp tp v~st th~, as~~t$ iidsi, hab~m1~ ijl, the transferee without any further assurance 1~ (1) wh~r~ the re~strar is satf~fled t'bat it is e~~!'!ntiilj fn tp'e p'~b--1~ it)ter~8~ or in the in~er~st of the cq:-pp'err~ive tnpv~n'i~nt or fqt, tn 40 nurposl" of securing thp proner matln~ement nf anv co-operat1y~i 1l!9,c1~nthat two or mnte co·i'i'opr::ttivp foci tipo; sh011lrl he amalf:!"imated or anv co-operative sncfptv :\0\01110 h" dh7idp~ t" fonn two 1'1'1" mote ro-(itle'rative !'ine;etip"l i'it ~j,nuld he renrl1a'i'1;secl thpn !'\ntwithstanr'litl <f l:ntvth!,,~ conbl~npd in !i;ectfon 15 but subiect to thf! nrovi!;fnns of th;~ y'et:ion the'" power to direct amalpmation, cuv1alon and reo orpni-ation in public intend, ete 'retrlstt~, mav bv order drl'lvjrtp 10 n,, nmalmlmll~ot'l d,yisfrm oli teort;!8nisation of thes co-onprativf' ~i'l('ieti('<; into ii !!inlfl, spcle~ or, into ikicif'tips with cinch' ci'ln!!t'tuti"" pro!",,tv tights itlt r-stl'l and ruthartties and such liabilities, duties and obligations as may be specified in the order: ";0 : : l--j provided that no such order of amalgamation, division or reorganisation in respect of a co-operatlve bank shall be made without the previoui 5 sanction in writing of tile reserve bank (2) no order shall be made under this section, unless-(a) a copy of the proposed order has been sent in draft to the co-operative society or each of the co-operative societies concerned; and 10 is (b) the registrar has considered and made such modifications in the draft order as may seem to him desirable in the light of any suggestion and objections which may be received by him within such period (not being less than two months from the date on which a copy of the order aforesaid is received by the society or societies, aa the case may be), as the registrar may fix in that behalf, either from tlle'sqciety or from any of the societies concerhed or from any member or class of members thereof or from any creditor or class of creditors thereof (") the order referred to in sub-section (1) may contain such inc!-20 dental, consequential and supplemental provlsions as may, in the opidion of the reptrar, be necessary to give effect to the amalgamation, division or reorganisation, as the case may be (~ evely ntember or creditor of each of the co-operative societies to be amalgamated, divided or reorganised, who has objected to the scheme 2~cjl' amalgmlation, division or reorganisation, within the period specified, shin be entitled to receive, on the issue of the order of amalgamation, dlvilidn or reorganisation, his share or interest, if he be a member, arid the amount in satisfaction of his dues, if he be a creditor (:6) on the iuue of an order uhder sub-section (1), the provisions of 3o,a'qb4iectiods (2), (3) and (4) of section 19 shall apply to the eo-operative ~tetles so amalgamated, divided or reorganised as· if the amalgamation, dtv1t6oddr reorganisation had been made under section 15 \ ,'j • 17 when an or<ier of moratorium has been made by the central g:ovcnment uncler sub-section (2) of section 45 of the banking reeuiation 10 ol 1he 3s act, 1949, in respect of a co-operative bank, the registrar, with the previous approval of the reserve bank in writing, may, during the period of moratorium, prepare a scheme-(a) for the reorganisation of the co-operative bank; or rqiltrat to prepare eheme ofamal,-mation of co-ope rative bank in (b) for the amalgamation ctf the co-operative bank with any 40 oiher co-operative bank eer~ c - , of 1181 18 notwtthatanding anything contained in sections 15 and 16 or any other provision of this act, where a co-operative bank, being an insured bank within the meaning of the deposi~ insurance corporation act, 1961, is amalgamated or reorganised arid' tli~ ~postt insurance corporation 45 has become liable to pay to the depositors of the insured bank under subsection (2) of section 16 of that act, the bank with which such insured liabuiti or' a co-operatiw bank to the depolit idiui4ance corporation l;a1fi1e~'atttalnih«t~d, or the new co-qpm-aflve bank formed' after such amalgajiiation;-or as" the cui;' may be, the lriihred brnk or ttarilferee bank shall be under an obligation to repay to the deposit insurance corporation in the circumstances, to the extent of and in the manner referred to in section 21 of the deposit insurance corporation act, 1961 19 (1) where the whole of the assets and liabilities of a co-operative society are transferred to another co-operative society in accordance with s the provisions of section 15 or section 16, the registration of the first mentioned co-operative society shall stand cancelled and the society shall be deemed to have been dissolved and shall cease to exist as a corporate body cancellation ot re,istration certificate of co-ope rative socm!ties in certain cae • (2) where two or more co-operative societies are amalgamated into 10 a new co-operative society in accordance with the provisions of section 15 or section 16, the registration of each of the amalgamating societies shall stand cancelled on the registration of the new society, and each society shall be deemed to have been dissolved and shall cease to exist as a corporate body is (3) where a co-operative society divides itself into two or more c0-operative societies in accordance with the provisions of section 15 or is divided by the registrar in accordance with the provisions of section 16, the registration of that society shall stand cancelled on the registration of the new societies, and that society shall be deemed to have been 20 dissolved and shall cease to exist as a corporate body (4) the amalgamation and splitting of co-operative societies shall not in any manner whatsoever affect any right or obligation of the resulting co-operative society or societies or render defective any legal proceedings by or against the co-operative society or societies, and any legal pro- 25 ceedings that might have been continued or commenced by or against the co-operative society or societies, as the case may be, before the anlalgamation or splitting, may be continued or commenced by or against the resulting co-operative society or societies (5) where a co-operative society has not commenced business within 30 a reasonable time of its regilltration or has ceased to function or if the registrar is satisfied, after making such inquiry as he thinks fit, that the society no longer has genuinely as its objects one or more of the objeetl specified in section 4 and that its registration ought in the interests of the general public be cancelled, he shall make an order cancewng the regis- 3s tration of a co-operative society a co-operative society shall, from the date of such order of cancellation, be deemed to be dissolved and shall cease to exist as a corporate body chapter iiimembers of co-operative societies and their rights and liabijitii:s 40 20 (1) no person shall be admitted as member of a co-operative s0-ciety except the following, namely:-persons who may become member (4) an individual competent to contract under seetion 11 of the indian contract act, 1872; (b) any other co-operative society; (c) the central government; and (d) such class or classes of persons or association of pel'lons u may be notified by the lieutenant-governor in this behalf: provided that the provisions of clause (a) shall not apply to an individual seeking admission to a society exclusively formed for the benefit of students of a school or college (2) notwithstanding anything contained in sub-section (1), the lieu-5 tenant-governor may, having regard to the fact that the interest of any pe1'ioj1 or class of persons conflicts or is likely to conflict with the objects of any society or class of societies, by general or special order, published in the delhi gazette, declare that any person or class of persons engaged in or carrying on any profession, business or employment shall be disqua-10 lliled from being admitted, or for continuing, as members or shall be eligible for membership only to a limited extent of any specified society or class of societies, so long as such person is or such persons are engaged in or carrying on that profession, business or employment, as the case may be is 21 (1) notwithstanding anything contained in clause (d) of section 20, a co-operative society m'ay admit any person as a nominal or associate member in accordance with its bye-laws nominal or ulociate members (2) a nominal or associate member shall not be entitled to any share in any form whatsoever, in the assets or profit of the co-operative 20 society (3) save as provided in this section, a nominal or associate member shall have such privileges and rights of a member and be subject to such liabilities of a member, as may be specified in the bye-laws of the society z2 no member of a co-operative society shall exercise the rights of a 2s member unless he has made such payments to the society in respect of membership or has acquired such interest in the society as may be specified in the bye-laws member not to exercae rlghta till due payment made ii every member of a co-operative society shall have one vote in the vot of aftairs of the society: memberl 30 provided that-(4) in the case of an equality of votes, the chairman shall have a second or casting vote; (b) a nominal or associate member shall not have the right of vote; 35 (c) where the central government is a member of the co-operative society, each person nominated by the central government on the committee shall have one vote m (1) every member of a co-operative society shall exercise his vote in person and no member shall be permitted to vote by proxy manner of exerelida, vote 40 (2) notwithstanding anything contained in sub-section (1), a cooperative jociety which is a member of another co-operative society, may, subject to the rules, appoint one of its members to vote on its behalf in the affairs of that other society ii the transfer of the share dr interest of a member in the capitli of eo-operauve society shall be subject to such conditidds as to madtil1im holding as are specified in section 6 berrietion on trlldlfer of ahare or interest it (1) on the death of a member a co-operative ~ty may t~ the share dr interest of the deceased member to the person nonrlnat~ 'in s reeordance with the rules made in this behalf, or, if there is no perigh '&0 transfer otinterelt on death of member • ~inated, to such person as may appear to the committee to 1h! th& nett or legal representative of the deceased member, or pay to ·rich 'fioiiiidee, heir or legal representative, as the case may be, a suril ~ seming the value of such member's share or interest as ascertained m 10 eoordanee with the rules or bye-laws: provided tbat-(i) in the case of a co-operative society with unlimited liability, such nominee~ heir or legal representative, as the cue may be, may require payment by the society of the value of the share or id'terelt is of the deceased member ascertained as aforesaid; (ii) in the case of a co-operative society wi'th limited uabutty, the society shall transfer the share or interest of the deceased :inemf>et to such nominee, heir or legal representative, as the case may be, b'emg qualified in accordance with the rules and bye-laws for membership 20 of the society, or on his application within one month of the death of the deceased member to any person specified in the ilpplication who is so qualified; -(iii) no such transfer or payment shall be made except with the consent of the nominee, heir or legal representative, as th~ cast)' rilay 2$ be (2) a co-operative society shall, subject to the provisions of section 36 and unless within six months of the death of member prevented by an order of a competent court, pay to such nominee, heir or legal representitive, as the case may be, all other moneys due to th'e deel!8ad'ftleij\\ber 30 from the society (3) all transfers and payments made by a co-operative societyia ac, cordance with the provisions of this section shall be valid· and effectual a~ any de1hartd made upon the society by any' other peisbn 21 (1) subject to the provisions of sub-section (2), the liability of a 3' put' 'm~rriber or of the estate of a deceased member of a c!cjioperattv8 society for the debts of the society as they existed,-(a) in the case of a past member, on the date on which he ceased to be a member; liability of lout member and estate of decea- member (b) in the case of a deceased member, on the date of his death, 40 shall continue for a period of two years from such date (2)- where a co-operative society is ordered to be wound up uilder aectiott·88, the liability of a· past mem~r or of theest&te of a deceased member who ceased to be a member or died within two years immediately pteceding the date of the aider of witidttig up, shl1l eontbtue'tfnt1!' the , erttlre liquidatibh proceedin~ are corilplerted, butsueli liabllity stutlt tetid onl~ to the debts of the society as they existed oh the· ctm ot btl ceasing to be a member or death, as the c8l!li· m,· be; management of co-opera'11ve societies (1) ~he final authority in a co-operative society shall vest in the ~ body of members: final authority in a cooperative society s ~videdtbsj where the bye-laws of a co-operative society provide for ~tiiution of a smaller body consisting of delegates of members of the society elected or selected in accordance with such bye-laws the "ijl811er body shall exercise such powers of the general body as may be ~ or as may be specified in the bye-laws of the society 10 (3) notwithstanding anything contained in 8ub-section (2) of aeotion u -each dele;ate shall have one' vote in the affairs of the society annual ,eneral meetln zt (1) every co-operative society shall, within a period of six months next after the date fixed for making-up its accounts for the year under the rules for the time being in force, call a general meeting of its mem-[5 hera for the purpose of-(4) apptqval of the programme of the activities of the ioclety prepared by the committee for the ensuing year; (b) election, if any, of the members of the committee other than nominated members subject to the provisions of section 31; 20 (e) consideration of the audit report and the annual report; (d) disposal of the net proflts; and (e) con,sideration of any other matter which may be brought forward in accordance, with the bye-laws: pro~id~ that the registrar may, by genera] or special order, extend 2, ~f ~~' for hold~g such meeting for a further period not exceeding th ' _,,+1_; , , ,'- ' , t~~~ provided further that, if in the opinion of the rpm!lltrrt' no such emn-!ioats necessary, or such meetin~ is not called by the society within the extended period, if any, granted by him, the registrar or any pereon 30 authorised by him i may call such meetin~ in the manner pt'escllibelol, and that meetin~ shall be deemed to be a genera] meeting duly cajjed bv the society; and the registrar may order that the expenditure fncurred td eal-- lin~ rueh a meeting shall be paid out of the funds of the iioclety or bv ~ ~ or persona who in the opinion of the reltistt'ar were respon-35 sible for the refusal or failure to convene the general meeting (2) at every annual general meeting (1f 8 co-operative soc'ietv, the' eommittee shall lay before the society a statement showin~ the detaf1s , ijle ~oajul if any, given to any of the members of the commlttt"e during tq precedlng year 40 (i) "'e committee of a co-operative society mav, at any time, call a speclaj general meetln~ of the society and shall call such meetinjl with· h' one month after the reeeipt of a requtsit'on in writing from tj,e reclj-trar or from such number of mlemberl or a proportion of thf' total number of members, as may be' prnvfded tn the bye-iawa (2) if a special general meeting of a co-operative society is not called in accordance with the requisition referred to in sub-section (1), the registrar or any person authorised by him in this behalf shall have the power to call such meeting and that meeting shall be deemed to be a meeting called by the committee, and the registrar may order that expenditure s incurred in calling such a meeting shall be paid out of the funds of the society or by any such person or persons who, in the opinion of the registrar, were responsible for the refusal or failure to convene the special ~eneral meeting election and nomi_ nation of members of committee • 31 (1) the superintendence, direction and control of the prepllratioa 10 of the electoral rolls for, and the conduct of, elections of the members of the committees of such co· operative societies or class of eo-operative societies as the lieutenantgovernor may, by general or special order, notify, shall be vested in such returning offi-cers as may be appointed by him in this behalf is (2) the vote at such elections shall be by secret ballot (3) the term of office of the elected members of the committee shan be such, not exceeding three co-operative years including the co-operative year of their election, as may be specified in the bye-laws of the society: provided that the elected members shall continue to hold offtce till 20 their successors are elected or nominated under the provisions of the act or the rules or bye-laws (4) no person shall be eligible to be elected as a member of the committee of a co-operative society unless he is a shareholder of that co-operative society, or after he has held such office in the society during two con- 25 secutive terms, whether full or part explanation-(i) where any person holding office of a member of the committee at the time of commencement of this act is again elected to that office after such commencement, he shall for the purpose of this subsection be deemed to have held office for one term before such election 30 (ii) a member who has ceased to hold any office on the committee continuously for three co-operative years, shall again be eligible for eleetion as a member of that committee (5) notwithstanding anything contained in this act, a person shall be disqualified for appointment as, or for being, a member of a committee,- 3s (a) if he is a member of a committee of an·other society of the same type; or (b) if he is a member of thf' committee" of three or more societies of a different type or different types: provided that nothing contained in this 1mb-section shall be deemed 40 to disqualify a person for election as, or for being, a delegate of a society (6) on the committee of such co-operative societies or class of co-operative societies as may be prescribed, two seats shah be reserved, one for the members who belot'g to the scheduled castes and one for economical-iv weaker sections of the members who as land-owners or tenants or as 45 both do not hold more than the prescribed area of agricultural land or fulfil the prescribed conditions, and if no such persons are elected the committee shall co-opt the required number of members from am~t the persons entitled to such representation explan"~ion-r~or the purpose of this sub-section "scheduled castes" 5 meall any of the scheduled castes specified in part i of the schedule to tne constitution (scheduled castes) (umon territories) order, 1951 (7) notwithstanding anything contained in this act, any dispute relating to election of members of any committees of a co-operative society notihed under sub-section (1) shall be referred to the lieutenant-gover-10 nol" whose decision thereon shall be final (8) the lieutenant-governor may make rules generally to provide ior or to regulate matters in respect of elections of members of the cominittees (9) notwithstanding anything contained in sub-sections (1) to (8),-is (4) where the central government has subscribed to the share capitaj of a co-operative society, the central government or any person auti1~rised by it in this behalf shall have the right to nominate en the committee such number of persons not exceeding three or onethird of the total number of members thereof, whichever is lesa, u the central government may determine; 20 2s (b) where the industrial finance corporation, the state finance corporation or any other financing institution notified in this behalf by the central government has provided finance to a co-operative society, the industrial finance corporation, state finance corporation or other financing institution, as the case may be, shall have the right to nominate one person on the committee (10) a person nominated under sub-section (9) shall hold oftice during the pleasure of the central government or the corporation or other anancing institution, as the case may be 30 3z (1) if, in the opinion of the registrar, the committee of any c:<)-~ operative society persistently makes default or is negligent in the per- formance of the duties imposed on it by this act or the rulel or the byei";' laws, or commdts any act which is prejudicial to the interest of the society, or its members, the registrar may, after giving the committee an oppor-3s tunity to state its objections, if any, by order in writing, remove the committee; and (11) order fresh election of the committee, or (b) appoint one or more adminijtrato~s who need not be member of the society, to manage the affairs of the society for a period not exceeding one year 40 specified in the order, which period may, at the discretion of the registrar be extended from time to time, so, however, that the aggregate period does not exceed three years (2) 'i'be registrar may fix any remuneration for the administrator, as 45 he may think fit such remuneration shall be paid out of the funds of the loclety • (3) the' 'admililstrator shall,subject to the control of the registrar and to such instructions as he may from time to time give, have power to exercise all ql' any of the functions of the committee or of any officer of the society and take all such actions as may be required in the interest of the society '' s (4) the administtator shall, at the expiry of his term of office,arrange for the conetitutioft~of a new committee in accordance with the bye-laws of the society (5) before taking any action under sub-section (1) in respect of a cooperative bciciety, the registrar shall consult the financing institution to 10 which it is indebted (6) notwithstanding anything oo'iltained in this act, the registrar shall in the case 'of a co-operativebank, if so required in writirigby the 'reserve' bank in the public interest or for preventing the affairs oube co,operative bank being ~onducted in a manner detrimental to the interests of the, is depositors or for securing the proper management of a co-operative bank pass an order for the supersession of the committee of that co-operative bank and appointment ·of an administrator therefor for such period or periods not exceeding five years in the aggregate, as may from time to time be specified by the reserve bank 20 securing :>ossession )':f -ecorda, 33 (1) (a) if the record, registers or the books of accounts of a co-opel1ative society are likely to be tampered with or destroyed and the fund and property of a society are likely to be misappropriated or misapplied; or ~tc (b) if the committee of a co-operative society is reconstituted at a 2s general meeting of the society or the committee of a society is removed by the registrar under section 32 or if the society is ol:'dered to be wound up under section 63 and the outgoing members of the committee refuse to hand over charge of tha records and property of the so-ciety to those having or entitled to receive such charge, 30 the registrar may apply to the magistrate, within whose jurisdiction ,the society functions, for securing the records and property of the societyj (2) on receipt' of an application under sub-section (i) , the ma" gistrate may, by a warrant, authorise any police officer, not below the rank of sub-inspector to enter and search any place where the re- 35 cords and the property are kept or are believed to be kept and to seize such records and property; arid the records and property 80 seized shall be handed over to the new committee or administrator of the society or the liquidator, as the case maybe m no act of a co-operative society or of any committee or of any 40 otbcer shall be deemed to be'invalid by reason only of the ex1stenee of any defect in procedure or in the constitution of the society or of the committee or in the appointment or election of an officer or on the ground that such oftlcer was disqualified for his appointment cts of i-operave socie-:es not be in-ilidatecl rtain fecta chapter v privileges of co-operative socitiisco-ope rative societies to be bodies corporate 35 the registration of a co-operative society shall render it a body corporate by the name under which it is registered having perpetual 5 ijuccession and a c'c1mmon seal, and with power to hold property, enter into contract, institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it is constituted first char,e of co-opera tive society on certain asset • • (1) notwithstanding anything contained in any law for the time bein~ in force, but subject to any prior claim of the government 10 in respect of land revenue or any money recoverable as land revenue, any debt or outstandlng demand owing to a co-operative society by any member or past member or deceased member shall be a first charlle upon the crops and other amcultural ofodlll"p ('attle form,1' fo'!' cattle, ajtrlcult1l1'81 or fndu!iitrh,' imoleme"bf nr ma('hh,,t'v nlw m9tp,",rlc; for 15 manufacture and anv ftnished orndllct!ll manufaf"ttl'!'m from rueh raw materials, belonllinl! to such member llbst memher n, ~ormfng part of the estate of the deceased member, as the case may be (2) no person shall transfer any oroperty which is subject to a charge under sub-section (1) except with the previous permission in 20 writing of the co-operative society which holds the charge (") notwithstanding anything contained in any law for the time beinr in force, any transfer of property made in contraventipn of the provisions of sub-flection (2) shall be void (4) the charge created under sub-section (1) shall be availahle as 18 of 1883 as a~ainst any claim of the government amsinl! from a loan i!fanted under 12 of 1884 the land improvement loans act 1883 or the acmculturtsts' loans act, 1884, after the grant of the loan by the soc:lety 37 notwithrbmdinj:(' anything contained in this act or in any other ;:a~o_ law for the time being in force,-vable 30 3s property of member borrowing loan from certain locietlel, (i) any person who makes an apolication to a rocfetv of whfch he is a member for a loan shall, if he owns any land or ha" interest in anv land as ii tenant make a declaratfon in the p1'elcrfbm fonn which shan state that the almlfcant therebv creates a cha1'lle on such land or interest snecifierl in the declaration for the payment of the amonnt of the loan whfch the society may make to the member in purruanee of the application and for an future advances, if any, required by him which the society may make to him as such member sub1ect to such maximum as may be determined by the society together with intere!lt on such amount of the loan and advances; 45 (ii) any per9o'l1 who ha!ll borrowed a loan from a rodety of which he is a member before the date of the' comfn~ into force of this act and who owns any land or has anv interest-tn land as a tenant shall, as soon 8$ possible, make a dec1aration in the form and to the efl'ect referred to in clause (i); (iii) a declaratfon made under clause (i) or clatue (tf) may be varied at any time by a member with the conrent of the society in favour of which such charge is created; , (w) no member shall alienate the whole or any part of the land or interest therein specified in the declaration made under clause (i) or clause (ii) until the whole amountboitowed by the member together with interest thereon is paid in full: provided that for the purpose of paying in full to the society 5 the whole amount borrowed 'by the member together with interest thereon, the member may, with the previous permission in writing of the society and subject to such conditions as the society may impose, alienate the whole or any part of such land or interest 10 thereon: provided further that standing crops on any such land may be ali~nated with the previous permission of the society: (v) any alienation made in contravention of the provisions of clause (iv) shall be void; (vi) subject to the prior claims of the government in respect is of land revenue or any money recoverable as land revenue, there shall be a first charge in favour of the society on the land or interest specified in the declaration made under clause (i) or clause (ii) for and to the extent of the dues owing by himb on account of the loans and advances; 30 (vii) the record of rights shall also include the particulars of every charge on land or interest created under a declaration under clause (i) or clause (iil notwithstanding anything contained in any law relating to land revenue for the time being in force; (viii) any sum due to a societv in consequence of char~e creat- 25 ed undel' a declaration under clause (i) or clause (ii) shall, on application for its recoverv bein~ made by such society accompanied by a certiflcate signed by the rej!istrar be recoverable by the collector at-cording to the law and under the rules for the time being in force for the recovery of land revenue 30 explanation-for the purposes of this section society shall mean any co~operative society or c1as~ of co-operative societies specifled in this behalf by the lieutenant-governor by a general or special order char •• and set ott in respect di share or contribution or interest of members 38 a co-operative trocietv i'lhall have 11 chrrge upon the share or contribution or interest in the capital and on the deposits of a member 3s or past member ot deceased- member and u",,-)n anv dividend bonus or proftts payable to a member or nast membpr or the estate of a decl'ased member in respect of any deht due from such member or past member or the estate of such deceased member to the society and may i'let-oft anv sum credited or payable to a member or pmt mf'mber or the 40 estate of deceased member in or towards payment of any such debt share or contribu· tion or interelt not liable to attachment 39 subject to the provisions of section 38, the share or contribution or interest of a member or past member or deceased member in the capital of a co-operative society shall not be liable to attachment or sale under any decree or order of any court in respect of any debt or lia- 45 bilitv ineurred bv- such member, and a receiver under the provincial insolvency act 1920 shall not be entitled to or have any claim on such ii of 1920 share or 'contribution or interest 40 any register or list of members or shares kept by any eo-ope-jlqiater or rative society shall be prima facie evidence of any of the following memben particulars entered therein:-(a) the date on which any person entered in such register or 5 list became a member; (b) the date on which any such person ceased to be a member admiuibllityof copy of entry al evidence 41 (1) a copy of any entry in a book of a co-operative society regularly kept in the course of its business shall, if certified in uch manner as may be prescribed, be received in any suit or legal pro-ia ceedings as ptima facie evidence of the existence of such entry, and shall be admitted as evidence of the matters, transactions and accounts therein recorded in every case where, and to the same extent as, the original entry itself is admissible (2) no officer of a co-operative society and no officer in whose office 15 the books of a co-operative so'ciety are deposited after uquidation shall, in any legal prqceedings to which the society or the liquidator 111 not a party, be compelled to produce any of the society's books or documents the contents of which can be proved under this section, or to appear as a witness to prove the matters, transactions and account :lo therein recorded, except under order of the court or the arbitrator made for special cause exemption 42 nothing in clauses (b) and (e) of sub-section (1) of section 17 of from 18 of 1908 the indian registration act, 1908 shall apply tocompul-(1) any instrument relating to shares in a co-operative society notwithstanding that the assets of the society consist in whole or in part of immovable property; or 1or,y reg!ftration of instru_ ments 30 (2) any de,benture issued by any such society and not creating, declaring, assigning, limiting or extinguishing any right, title or interest to or in immovable property, except in so far 88 it entitles the holder thereof to the security afforded by a registered instrument whereby the society has mortgaged, conveyed, or otherwise transferred the whole, or part of its immovable property or any interest therein to trustees upon trust for the benefit of the holders of such debentures; or 35 (3) an endorsement upon or transfer of any debenture ilsued by any such society 43 (1) the central government y, by notification in the oftlc:iaj gazette, remit the income-tax payable in respect of the profit of an), dass of co-operative societies or the dividends or otber pajllltlllh reeeiv 40 ed by members of any cia of such societies on aceount of pro8ta exemption from certain taxes, tees and duties (2) the ceatral government may, by notift~tion in die 0ildai gat:-ette, remit in reepect of any class of co-operative lodeti __ (a) the stamp duty ehargeable under any law for the time beiq in force in respect of any instrument ex8c1ded by or on bebaif of a 45 eo-operative sodety or by an eiieer or idmilber dlenol aad reiatiac to the business of such society or any dasa of aueb idttnll'jts or in respeet of any award or order made 1ldder thb ad, in c:uea, where, but for such remission the co-operative society, officer or member, 1"""'" uthe euelllily be, would' be liiable to pay'sueh stamp duty; (b) any fee payable under any law for the time being in force relating to the registration of documents or court-fee (3) the central government may, by notifieation, exempt any c1asfi 5 of c:o-operative societies from-(a) land revedur, (b) taxes on agricultural income; and i (e) taxes on sale or purchase of goods; and (d) taxes on profeuiolls, trades, callings and employments 10 deduction 44 (1) notwithstanding anything contained in any law for the time trom l , !iialary to be ing in force, a member of a co·operative society may execute an agreemept co men't in favour of the society providing that his emlployer shall be eomoperatwe :petmt to deduct from the salary or wages payable to him by the employer, 8ociety~!~1 such:iamount as may be specifledin the agreement and to pay the amount is claim m certain so 'deducted to the society in satisfaction of any debt or other demand easel i), tywfng by the member to the society (2) on the execution of such agreement, the employer shall, if so required by the co-operative society by a requisition in writing and so long as the society does not intimate that the whole of such debt or demand 20 has been paid, make the deduction in accordance with the agreement and , pay the amount so deducted to the society as if it were a nart of the t~ salary or wajl'es payable on thf> nay as required under the pnyment of wager act 1936 such nayment shall be valid d;sch~t1!e of thp employer _ 40'f 1938 for his liability to pay the amount deducted 25 (3) where a requisition in writinlt from rny societv rel!ic;tered or deemed to be m!jlistered in any recinrocatin't state in resnect of a mf'mber ("if that sociptv, who has executed any such r~reemf>'nt a!! is referred to in !luh-section (1) and who for the time bpi"!! is employed in the uni"n tpr-titorv of delhi is r~~eived bv h;s pmnlover the requisition hall be ac'tpd 30 upon as if it had been made bv a society in delhi and the nrovlsions of th'r section shall have effect accordinl!ly f::mlanahon-for the purnorf> of thi!! suh-!;ection "recinroeatin(! state" 'mel1ti!l flny- sbte or uninn territory whirh thf> lieutenant-governor may, bv notiflcation in thp delhi gazette deelar to be a recinrocatinlt state 35 (4) if after the receint of r relluisition mrdp under rub-section (2) ill" liiuh-section (3) the employer i'lt any time fail!! to deduct the amount snecifted in the requisition from the' rl\lllrv or wrl!eo: navablf' ttt the membf>r concerned or maker default i11 remittlnl! the amount denucted to the sortetv the liocietv shall bf> pntitled to recover anv such ammmt from the 40 emnlover 11"1 atteariof land re'\fe'nue and the rmount so due from the emnlover !!hall rank in nnnrttv in re!med of the lilibility of thepmplover 'eona' td that {if the wa~ in arrears '(5) nothinjt contained tn this spetlon shall ilpplv to establishment ~nfferranwav'8dmtntstration ol)f>~"tfnrr any railway ""defined in clause 45 (!o) 'of ~rtt<:le ~ of the constitution ,11'1-~,' ~! 45 notwithstanding anything contained in any law for the time beina oliter in force, the central government mayforma ' , " ot state (a) subscribe to the share capital of 8 co-operative l8eiety; aid to (b) give l~ 01' make advances to ~o~«ve 8od,u~ eo-opcra_ 'tlve /iu 5 (c) guarantee tlte repaymeat of pridoipal and· payment of interest cieties on debentures issued by a co-operative society; - ' •• ~ ,j (d) guarantee the repayment of share capital of a co-operatlve society and dividends thereon at such rates as may be speei8ed by the central government; 10 (e) i1jiu"8i1tee the repayment of principal and payment of illterest on loans and advances to a co-operative society; aad (f) give financial assistance in any other form, inducltag aubsidies, to any co-operative society chapter vi properties and funds of co-operativm societibsis 46 no part of the funds of a co-operative society shall be divided by funds y;ay of bonus or <;lividend or otherwise among its members: not to be 'cfivlded provided that after at least one-fourth of the netproftta· in any year, -y " has been carried to the reserve fund, payments trodlthe remaiddelllof wy,ot 20 such profits and from any profits of past years available for distribution proftt may be m~de to the members to such extent and under such conditions as may be prescribed by the rules or bye-laws 1890 47 any co--opel'ative society may, with the sanction of the\relibtilar,contribu~ after one-fourth of the net profits in any year has been carrledtotbe ,uoq"to 25 reserve fund, contribute an amount not exceecung flve per cent of the charitable remaining net profits to any purpose, connected with the development of pilrpoh co-operative movejxlent or charitable purpose as defined in section 20 of the charitable endowments act~ 1890 48 a c6-operat1ve society shall out of its net profita in any year -credit contribu-30 such portion of the profits not exceeding five per cent as mat'be'~ tuln to cribed to the co-operative education fund constituted under the rulei co~oper· tive ~u~ catiod !'und 49 (1) a co-operative society may invest or deposit its fund-investment of fundi (a) in the post office savings ~; ()r ", (b) in any of the securities specified in section 20 of the indian ot 1882 3s trusts act, 1882; or '- _ , i ; '( : (c) in the shares or securities of any other co-operauve 1odety; or (d) with any bank carrying on the business of bankinf approved for this purpose by the r,eg1strar; or 40 (e) :in any other mode permitted by the rulel (2) ~ ¥;1,vestmen~ or deposits d18d~ before the commencern~t ot: this act which would have been valid if this act had been in force arf hereby ratified and confirmed so (1) a co-operative society shall not make a loan to any person other than a member: retrlction on loam provided that with the general or special sanction of the registrar a ·co-operative societ)' ma)' make loan to another co-operative societ)' (2) notwithstanding anything contained in sub-section (1), a co-opera- 5 tive society ida)' make a loan to a depositor within his deposit on its security l _ 4 ", ,~ __ 1& 5l a c~operative society shall receive deposits and loans only to such extent and under such conditions as may be prescnbed or as may be specifted in the bye-laws 10 retriction on borrowin, 52 save as provided in sections 50 and 51, the transactions of a c~ operative society with any person other than a member shall be· subject to such prohibitions and restrictions, if any, as may be prescribed chapter viirestric_ tion on other tradi&etiodi with non· member audit inquiry, inspection and surchallgeis audlt i3 (1) the registrar shall audit or cause to be audited by a person authorised by him by general or special order in writing in this behalf, the accounts of every co-operative society at least once in each year (2) the audit under sub-section (1) shall include an examination of overdue debts, 1f any, the verification of the cash balance and securities, 20 and a valuation of the assets and liabilities of the society (3) the pel'8on auditing the accounts of a co-operative society shall have free access to the books, accounts, papers, vouchers, stock and other property of such society and shall be allowed to verify its cash balance and securities 2s (4) the directors, managers, administrators and other officers of the tociety shall furnish to the person auditing the accounts pf a co-operative liociety all such informattpn as to its transactions and working as such person may require (5) the registrar or the person authorised by him under sub-section 30 (1) to audit the accounts of a co-operative society shall have power where neceu&ry-_ ",1 _ 'l"'~~ «(i) to summon at the time of his audit any officer, agent, servant or member of the society, past or present, who he has reason to believe can live valuable information in regard to transactions of the society 35 or the management of itsaftairs; and (b) to require the production of any book or document relating to the affairs of, or any cash or securities belonging to, the society by illy officer, agent, servant, or member in possession of such books, documents, cash or securities and in the event of serious irregulari-14cl tiel discovered during audit, to take them into custody (6) u at the time of audit the accounts of a society are not complete, the registrar or the person authorised by him under sub-section (1) to audit, ma, cause the accounts to be written up at the expense of the lociet" (naudit fee if any, due from any co-operative society shall be recoverable in the same manner as is provided in section 75 inspection 01 societies nt illl~~&kar 9f any person autborised by ge,ner~l or spedalor:cier in this behalf by him, may inspect a co-operative society for the pur-5 pose of inspection, the registrar or the person so authorised by him shall at all times have access to au books, accounts, papers vochers, securities, stock and other property of the society and may in the event of"wwu$ irreg\llarities di&covered during inspection take them into custody and shall have power to verify the cash balance of the society 10 and subject to the general or special order of the registrar to call a com-~~ ol~ting, ~d a general meeting every officer or member of the s~~\~, f~sh; such intormauon with rea-rd to the w('rking of the seet,u,the registrar, {lr the person making such inapection may require raqijire, inquiry by registrar 5$ (1) the registrar may of his own motion or on the application of is a majority of the committee or of not le:;s than one-third of the members, hold an inquiry or direct some person authorised by him by order in wr:ting in this behalf to hold an inquiry into the constitution, working and financial condition of a co-operative society (i) the registrar or the person authorised by him under sub-section 20 (1) shall have the following powers, namely:-(a) he shall at all times have, for purpose of examination, free access to the books, accounts, cash and other properties belonging to or,in, the custody, of the society and may summoa any person in pos-_aim or responsible for the custody of any such books, accounts, 25 goc\lmejlta seoudt;ies cash or other properti~s to produce the same, at any plac:e specified by him; (b) he may, notwithstanding any rule or bye-law specifying the perjod 01 notice for a general meeting of the society, reqjlire the oftlcers of the society to call a general meeting at such time and place at 30 the headquarters of the society to consider such matter, as may be directed by hijn; and where the oftlcers of the society refuse or fail to call such a meeting he shall have power to call it himself; (c), he may swrunan any person who i te8lonably believed by" lum-;to,aaveladyknowledge of, the atlqirs·of the society to appear·be 35 fare ,him at any place at the headquariers of the society or any branch thereof,and·may examine such persons on oath (3) any meeting called under clause (b) of sub-section (2) shall have all the powers of a general meeting called under the bye-laws of the society and its proceedings shall be regulated by such bye-laws 40 (~~ ~;baii"'ar shall, communicate a ,brief aunmary of,the repwtpf t~,ijlq\wy to the society, tbe flnancing institution, if any, to which ~ society is aftuiated, and to the person or authority, if any, at whose instanqe ·t~ ~ry is made ii; (l~ the registrar shall, on the application of a creditor of a co-45 opel'fttive4ociety, inspect or direct some person authorliled by him by order in welting in this behalf to inspect the boob of the society: inspection of book, of indebted locletiel, 3698 ('j) ls-" provided that no stich inspection shall be made unless the appuca1lt-(a) satisfies the registrar that the debt is a sum then due, and that he has demanded payment thereof and has not received satisfac- tion within a reasonable time; and (b) deposits with the registrar such sum as security for the costs s· of proposed inspection as the registrar may require (2) the registrar shall communicate the result of any such inspection to the creditor colt of inquiry 57: where an inquiry is held und'er section 55, or an inspection is made' under section 56, the registrar may apportion the costs,' or such part of 10 the costs, as he may think fit, between the society, the members or creditor demanding an inquiry or inspection, and the officers or former officers and the members or past members of the society: provided that-(a) no order of the apportionment of the costs shall be made is under this section unless the society or the person liable to pay the costs thereunder has had a reasonable opportunity of being heard; (b) the registrar shall state 'in writing under his own ha'nd the ,rounds on which the costs are appottioned recovery of costl 58 any sum awarded by way of costs under section 57 may be re- 20 covered,on application to a magistrate having jurisdiction in the place where the person from whom the money is claimable, actually and voluntarily resides or carries on business, and such, magistrate shall recover the same as if it were a fine imposed by himself burcharle 't (1) if in the course of an audit, inquiry, inspection or the winding 2 up of a co-operative so~iety, i~ is found, that any person, who is ,or was s en~rusted with, th~ organisation or map"agement of such i ~ociety, qr "(ho is or has at any, time '~en an ,?~cer ?r an employee of t,h~ s?,c~etx', ,has made any payment contrary to this act, the rules or the bye-laws or has caused any deficiency in the aaseta of the society by breach' of trust or 3 w1lfulnegligence' or has, misappropriated or fraudulently retained any 0 money or other property belonging to such' society, the registrar may, of his own motion or on the application of the, committee, liquidator or ~y creditor, inquire h:nself or direct any person authorised by him, by an order in writing ill this behalf, to inquire into the conduct of suc~ ,35 person: f " provided that no such inquiry shall be held after the expiry of six years ftom the date of any act or o:nission referred to 'in thi$ sub-sectkm ; ~ (2) where an inquiry is made under sub-section 1(1), the registrar' r' ii' ~y after giving the ~~ concerned an opportunity of ~,helf'd 40 make an order, llequi~ing him to repay or restore the money or properl)r or any part thereof, wit~;inter~t at such ra~'jor to pay contribution and costs or compensation to such extent, as the registrar may consider just and equitable ' ' - chapter viii settlement of disputes60 (1) notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management or s the business of a co-op ~rative society other than a dispute regarding disciplinary action taken by the 5'ociety or its committee against a paid employee of the society arises-disputes which may be referred to vbi tration, (a) among members, past members and persons claiming through members, past members and deceased members, or 10 (b) between a member, past member or person claiming through a member, past member or deceased member and the society, its committee or any officer, agent or employee of the society or liquidator, past or present, or is (c) between the society or its committee and any past committee, any officer agent o'f employee, of any past officer, past agent or past employee or the nominee, hlj!irs or legal repro!sentatives of any dec~ased officer, deceased agent, or deceased employee of the society, or (d) between the society and any other co-operative society, 20 between a society and liquidator of another society or between the ·liquidator of one· society and the liquidator of another society, such disputes shall be referred to the registrar for decision and no court shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute 2s (2) for the purposes of sub-section (1) the following shall be deemed to be disputes touching the constitution, management or the business of a co-operative society, namely:-(a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a 30 deceased member, whether such debt or demand be admitted or not; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect ctf any debt or demand due to it from the principal debtor as a result of the default of the principal debtor whether such debt or demand is ad-3s mitted or not; (c) any dispute arising in connect50n with the election ctf any officer of a society other than a society notified under sub-section (1) of section 31 (3) if any question arises whether a dispute referred to the registrar 40 under this section is or is not a dispute touching the constitution, management or the business of a co-operative society, the decision thereon of the registrar shall be final and shall not be called in question in any court, 61, (1) the registrar may, on receipt of the reference of dispute 4s under section 69,-(a) decide the dispute himself, of ret\erence of diaputes to arbitra tion, (b) transfer it for disposal to any person who has been invested by the lieutenant-governor with powers in that behalf, or (c) refer it for disposal to one arbitrator (2) the registrar may withdraw any reference transferred under clause '(b) of bub-bection (1) or referred under cjause (e) otthat 'sub-,section and deddeit himself or refer the same te another arbitrator for decision (3) the registrar ar any othrr p!rson to whom a dispute is referred for decision under this section may, pending the decision of the dispute, make such interlocutory orders as he may deem necessary in lthe interest of justice power of financing bank to proceed 6z ,(1) if a co~perative society is unable to pay its deb~to,~ ftnanc- 10 ing bank by reason of its members committing default in the payment of the moneys due by them, the financing bank may direct the committee of such a society to proceed against such members under section 60 and if the committee fails to do so within a period of ninety days from the date of receipt of such direction, the financing bank itself may proceed is against such members in which case the provisions of this act, the rules or the bye-laws shall apply as if all references to the society or its committee in the said provisions were references to the financing bank (2) where a financing bank has obtained a decree or awud against a soetety in respect of moneys due to it fmm the society, the ftnanclng '20 bank may proceed to recover such moneys firstly from the assets df the ~ty and secondly fromthe members;to ·the extent of· uleir bts~dme to the society chaprer ix winding up of co-operative societieswinding up of cooperative societies 63 (1) if the registrar, after an inquiry has been held under section -55, or an inspection has been made under section 56, or on rl'eeipt of an application made by not less than three-fourths of the members of a cooperative society, is of opinion that the society ought to be wound up, he may iasue an order directing it to be wound up_ 30 (2) the registrar may of his own motion tnake an order directing 'the winding up of a co-operative society-(a) where it is a condition of the registration of the society that the satiety shall consist of at least ten members and the number of members has been reduced to less than ten or , 35 (b) where the co-operative sodety has not colddlemed·,'wwking or has ceased to function in accordance with coqperative prindples (3)' the registrar may cancel an order for the winding up of a cooperative society at any time, in any case where, in his opinion, the society should continue to exist 40 (4) a copy of such or<,ier shall be communic$ted ,by registered post to the society and to the financing institutions, if any, of which the society is a member (5) notwithstanding anything contained in this section no co-operative bank sballbe wo~nd up except with the prerious sanction in writing of the reserve bank 45 iii n<1twlthstanding anything' to'the contrary contained in this act, !the begi8trar hallrnake an order for winding up of a co-operative bank, if so required by the reserve bank in the circumstanees mentioned in 47 oll961 section l3d of the deposit insurance corporation act, 1961 5 "j·where a ~ative ·bank being an insured bank withid the mean-47011861 irg w the depoaitldauraaee corporation ad, 1161, ·is 'wouad up, or taken into liquidation, and the deposit insurance corporation hubeeomeliable to the depo'sitors of the insured bank under sub-aection (1) of section f}6 'df'tnat a"t, 'the deposit insurance corporation shu be reimburaed 10 by the liquidator or such other person in the cireumtanees to the extent and·ill the -manner provided in section 21 of the depoait insurance act, 1961 winding up ot co· operative bank at the direction of the relerve bank reimbursement to the deposit insurance corpora tion by the liquida tors \"l~ -&he 8awwrar ·iau naa4e 'or_ wader "en 83 for uqui-die - « a c-epentive iodety, the beaistrlu' y appoint a dator 15 liquidator for the purpole an4 fix his remuneration '{j:) ·a tiq1li4atorshall, ·on appointment, take into hii custody or under his control all the -property, e1fecti add actionable claims towbioh the society is or appears to be entitled and shall take such steps as he may deem necessary or expedient, to prevent loss or deterioration of, or 2q 'damage to, such property, effects and claims fie may carry c1n the bwdneu of the society so far as may be necessary with the previous allfllll8v111flbt:the "~ (3) where an appeal is preferrc'd under section 76, an order of winding up of a co-operative society made under section 63 shall not operate 21'hlc kr 'untt1 the ·order is conftnned in appeal: provided that the l:quidator ,hall continue to have custody or control of the property, effect, and actionable claims mentloned in sub-section ~) ' hii'ft! autbol'tty to 1ake the refer!led to ift that wb-aection (4) where an order of winding up of a co-operattve iocfety is set 30 aside in appeal, the property, effects and actionable claims <1f the society han revest in the society power of liquidator tn (1) subject to any·ruiei tnade if! this behalf, the ",hole of the ets 'f1l a eo-operative aoctety, in respeet of whida an onier for winding up· has ben made, shau wit in the liquidator appotrted under section 66 35 from the date em which the order takes elfeetnd the uquiciatol' shan have power to realise such assets by sale or otherwise (2) 1haclb liquidator shall also haw power, subjlttt to the ton'll'o{ of the registl'ar,-(a) to wthute and defend suits and other legal proceedings on behall of the coogpei'ative society by the name of his office; <b> to detennfne from time to tltne tim! contribuuod (illelodfng debts due and costs ot liquidation) to be 1iiilde or~mamtdgto be made by the membel1l or past members or by the estates or nominees, heirs or legal representatives of deceased members or by any oftlcers or former officers, to the assets of the society; 4s (c) to investigate all claims against the co-operative society and subject to the provisions of this act, to decide questions qf priority arming between claimants; (d) to pay claims against the co-operative society including interest up to the date of winding up according to their respective 5 priorities, if any, in full or rateably, as the assets of the society may permit; the surplus, if any, remaining after payment of the claims being applied in payment of interest from the date of sueh order of ' winding up at a rate fixe; by him but not exceeding the contract rate in any case; 10 (e) to determine by what persons and in what proportions the costs of the liquidation are to be borne; <f) to determine whether any person is a member, past member or nominee of deceased member; (g) to give such directions in regard to the'oollection8ncldistri- 15 bution of the assets of the society as may appear to him to be necessary for winding up the affairs of the society; '! (h) to -carryon the business of the 'society' so far ~,may be necessary for the beneficial winding up of the same; (i) to make any compromise or arrangement' with creditors or 20 persons clajming to be creditors or having or alleging to have any claim, present or future, whereby th,e society, may b~ rendered ua~lel (j) to make any compromise or arrange~nt with any person between whom and the society _ there exists any dispute and to refer any such dispute to arbitration; 25 (k) after consulting the members of the society, to dispose of the surplus, if any, remaining after paying the claiins against the society in, such manner as may be prescribed; and , (l) to compromise all calls or liabilities to calls -and debts and liabilities capable, of resulting in debts, and all claims, presen~ or 30 future, certain or contingent, subsisting or supposed to subsist between the society and a contributory or alleged contributory' or other' debtor or person apprehending liability to the co-operative society and all questions in any way relating to or affecting the assets or the winding up of the society on such terms as may be agreed and 35 take any security for the discharge of any such call, liability, debt or claim and give a complete discharge in respect thereof (3) when the affairs of a co-operative society have been wound up, the liquidator shall make a report to the registrar and deposit the records of the society in such place as the registrar may direct 40 5 of 1920 88, notwithstanding anything contained in the provincial insolvency act, 1920, the contribution assessed by a liquidator shall rank next to debts due to the government or to any local authority in order of priority iil insolvency proceedings priority of contributions assessed by liquidator ! :19 (1)! the registrar may'after considering the teport~-ot'tl1e liqut- j datormade to- him underaub-section (3) 'ofaectit)d 67 'ofder'the reps: tration of the co-operative society to be caneelled - (2) an order passed under sub-section (1) shall be communicated by s registered post to the president of the society and· to the financing institutions, if any, of which the society was a member powerot registrar to cancel registra· tion of a co-operativc society chapter x execution of awards, decrees, orders anddecrsrons,~ 70 notwithstanding anything contained in chapter v1u or any other enforce-10 law for; the tune being in force, but without prejudice to any other mode mentot of recovery provided in this act, the registrar or'any persoil jlubetdidate char •• · to him empowered by the registrar in this behalf may, on the applica· tion of a co-operati-vesociety, make an oi'der directing the payment oflby debt or outstanding demand due to the society by any member or past is 'or deceased member, by sale of' the property or any interest tjlereld,' which is subject to a ch81'ge under section 36: provided thqt no order shall be made under this section unless' the member, past member or the nominee" heir or legal representative of the deceasee member, has been served with a notice in the manner pres-20 cribed execution of order, etc 7l~ every decision, award 'or order duly passed by the registrar or arbitrator or tribunal under sections 29, 30, 59,61, 70, 76, 78 and· 79 res- pectively, shall, if not carried out,-(4) on a certificate signed by the registrar or any person 8,)ltho-2s rised bv him in this behalf, be d~ed to be a decree of a civil court and sh~ll be executed in the same manner as decree of such court; or (b) be executed accorldin,,to the provisiol'ls of the land revenue code and the rules thereunder for the time being in force for the recovery of arrears of 'land revenue; 30 ( c) be executed by the rfi\l~trar or anyj o~~ejl, person lu~rdjnate to him empowered by the registrar in this behalf, by attachment and sale or by sale without attachment of any property of the ) person ot a co-operative ~ocietyagainst whom the order, deeislon or award has been obtained or passed execution ot cll'ders ot iiqul - dator 35 "12 th~ orde~s· of tlje liquidator under i section· 67 shall be execl,lted a&orditlg to the act and under the rules for the time being in force for thereeovery of arrears of land revenue ' 1 73 where the registrar is satisfied that a party to ally refjrerl~ made to him under section 60 with intent to defeat or delay the -exeaation of 4~ e(n~' a~i02l lhatmay: be passed theteon is' about to-' attach· ment before award i' (4) dispose of the whole or any part of the property; or (b) remove the whole or any part of tlle property from the local limits of the jurisdiction of the registrar, thelj regfstt-af nfay, 'wiless ad~uate ·sectitity is' furn1ilhed,: direct the 45 conditional attachment ot the'baid' property or' suc!hpjrt thereof m he tbinka neqeuai\y sueh attachment shall be exec:u~by a civu· ceurt huiai j~ic:uon in ,the aame :way as an auacbjmntoij<ier ~·lii'· itself and shall have the·ujne e4evt s\lch:an, om8j:i: provided that the powers of t·!1e registrar under this -seetion shad not be delegated to any officer below such rank as my be ptescribed s 38 of 1983 re orpetlon empowered by him to be civil court for certain purp()lel 74 the registrar or any person empowered by him in this behalf shall be deemed, when exercising any powers under this act for the recovery of any amount by the attachment and sale or by sale without attachment of any property, or when passing any orders on any application· i18de to him for mell recovery or for taking a atap,m-aidtof jlqch ie fectov8ry to be civil court for the pw-poses of artutle 136 of the, kbaduje tgthewmitation act 1963 recovery of1jums due to govemment fl (1) all: ~ due from a oo-openative society all fnqn anl~q8d qi;aembe£ ·'or pllaat!ldber of a co-operative soaiety to gcwulh-t jiiiiiiitt iaeluding an, costs awarqed, to government under any pmvillonl ,i s: of thia act, may 011 a certifioateiaaued by the regilltml' inliltia • behall,1hl recovere4the ~ lpu1iler as arrears of land revenue (2) swoa due froma co-aperative aociety to gov",t aru:lraeo , llndez' lub-section (1) may be recovered lratly, hom the proped¥; ot socielyie!condly in the case of a society the liabtlity of the mem ~rj hera 0( which ta limited, from the members, plst members or the estates of· d ~ rnembefa, aubjectto the limit of their liability ana tbilldly, inl tile e of other liocieties, frorn· the· members put membel'l ortbe estate of ~e dec~d members: previded that the liability of past members and the (""tates ·of deceas- 25 ed members sball in au cases be sub~ \'0 the provisjrms of section 27 ch:ltpter xl appiia1& 4p-:~appeals ft (1) subject to the provisions of section '1f; an appeal· shall ue under this section against-30 (1, •• 1ko ·qc ~ ~ oe, ~~q8d~ of section 9 refusing to register i· -iety; (b) an order of the registrar ~de under lu~ion (41, til_-tlqn h re~us1ng to register an amendment q{ the bye-lawlloc,,, cooperative society; 35 (c) an order of the registrar made under bubo-section (l) of ~-,}q; (d~ a decision of a co-operative socioty refuaing to i ""y pei'rqh as a mea)ber· of the lociiety who is o~ duq ,a,ct, ' tor merj;lbership qp4er the bye-laws of, the &ociet~; i ";' "! ~o (~) a decillion of ~ ~rative society ex~lling an)" ofjtii men· bers; {~ a~ order, of the ~t~ar reqlqvin,a ~ ~it;w ~/ ~ op6uuye society nude uml~ section 3~ (g) an order made by the registrar under section 57 apportioning the costs of an enquiry held under hection 55 or ill insl)ectiod madt under section 56; (h) any order of su!"charge under section 59; 5 (9 any decision or award made under section 61; (j) an order made by the registrar under section 63 directin~ the winding up of a co-operative society; (k) any order made by the liquidator of a co-ope~tive society in exercise of the powers conferred on him by l)(octicli 67; 10 (l) any order made under section 73 (2) an appeal against any decision or o;·jer under ~ub-sedion (1) shan be made within sixty days from the date of the deci!dm'l or otder-(a) if the decision or order falls under clausa (g), (h), (i) or (l) of ~ub-section (1) to the tribunal; 15 (b) in any other case, to the lieutenant-governor or the itegilltrar according as the decision or order was made by the :registrar or any other person (3) no appeal shall lie under this section from any decis!on or order made by the registrar in appeal 20 77 notwithstandmg anything contained in this act where witb the no p previous sanetion in writing or on requisition of h~,~ ret~r"e bank-peal for revision (i) a co-operative bank is being wound up; or in certain cases (ii) in respe<:t of which a scheme of amalgamation or reorganisation is given effect to; or (iii) in respect of which;ln order for the supersession of the committee and the appointment of an administratoj therefor has been made, no appeal revision or review there against shall lie c:tt be permissible, and the sanction or requisition of the reserve bank ilhajl not be liable to be 30 caned in question 78 (1) the iieutejiadt-govena~ shall eomtitute a tribunal to be delhi co--catied the· deihj co-opefttlve trib'pnal to exeftise the ructions eonfer operative redod the trlbtuutj by or lidder this art tribunal (2) the tribunal sha]) consist of not more them th\'(:~ m~'11bers pol-!!essing such qualifications as may be prescribed 3~ (3) any vacancy in the membership of the tribunu! sh 111 ~oe tlllect by the lieutenant-governor (4) subject to the previous aporoval of the lieutenant-govemor, the tribunal shall frame regulations cons~nt with the provtlfons of the 0 act and the rules made thereunder, for regujatlogits procedure and the disposal of tts business (5) the regulations made under ~ub-sect'on (4) "h h bt! published by the lieutenant-governor in the delhi gazptte 3698(b) ls-5 (6) the tribunal may call for and; examine the recora of any proceedings, in which an appeal lies to it, fur the purpose of satisfying itself as to the legality or propriety of any decision or order ~~sed and if in any crse it shall appeal to the tribunal that any such declsloji :lr orrler should be modified, annulled or reversed, the tribunal ma~t ,5s such order 5 thereon as it may deem fit (7)· an order passed in appeal under section 76 or ~ revl!ion under sub-section (6) of this section or in review under section 79 by the tribunal shall be final and conclusive, and shall not be called in question in any civil or revenue court 10 explanction-the tribunal hearing an appeal under this act shall exercise all the powers conferred upon an appellate court by section 97 of, and order xli of th~ first schedule to, the code of civil procedure, 5 of 1908 1908 ' •• review of ordera of tribunal '79 (1) the tribunal may either on the application of the registrar, is or on the application of any party interested, review its own order in any case, and pass in reference theretoi such order as it v1inks just: 'provided that no such application made by the party shall be entertained unless the tribunal is satisfied that there has been the discovery of new and important matter of evidence which after the exercise of due 20 diligence was not within the knowledge of the applkant or ('ould not b~ produced by him at the time when its order was made or that there has been some mistake or error apparent on the face of the record, or for any other sufficient reason: provided further that no such order shall be vart"!d at re ,ised unless 3s notice has been given to the parties interested to appear and be heard in support of such order (2) an application for review under sub-section (1) by any party shall be made within ninety days from the date of communication of the order of the tribunal 30 revillon 80 subject to the provisions of section 77, the lieutenant-governor may, suo motu or on the application of a party to a reference, call for and examine the record of any proceedings in which no appeal lies to the lieutenant-governor under section 76 (not being any proceedings in which an appeal lies to the tribunal) for the purpose of satisfying him- 35 self as the legality and propriety of any decision or order passed and if in any case it shall appear to him that any such decision or order should be modified, annulled or revised, he may pass such order thereon as he may deem fit interlocutor, orders 81 where an appeal is made under section 76 or whele the tribunal 40 or lieutenant-governor calls for the record of a case 1rtlder section 78 or section 80, the appellate authority or the tribunal or lieutenant-governor, as the case may be, may, in order to prevent the ends of, justice being defeated make such interlocutory order including an order of stay ilending the decision of the appeal or revision as s\lc:h authority or the tribunal of lieuten!int-gove~or may df;!em fit 45 82 (1) any person other than a co-operative society carrying on business under any name or title of which the word "oo-operative", or its s equivalent in any indian language, is part, without the sanction of the lieutenant-governor shall be punishable with fine which may extend to two hundred rupees and in the case of a continuing breach with a further fine which may extend to five hundred rupees for every day during which the breach is continued after conviction for the tirst such breach 10 (2) any member or past'member or the nominee, heir or legal representative of a deceased member of a co-operative society who contravenes the provisions of sections 36 and 37 by disposing of any property in respect of which the society is entitled to have a first charge under that section or do any other act to the prejudice of such claim, shall be punishable 15 with fine whicb may extend to five hundred rupees (3) a co-o~ative society or an officer or member thereof wilfully making a false return or furnishing false information, or any person wilfully or without any reasonable excuse disobeying any summons, requisition or lawful written order issued under the provisions ~f this act or , 20 wilfully not furnishing any information required from him by a person authorised in this behalf under the provisions cl this act, shall be punishable with tine which may extend to two hundred rupees (4) my employer who, without sufficient cause, faus to pay to - c0-operative society the amount deducted by him under section 44 within 2s a period of fourteen days from the date on which such deduction is made shall, without prejudice to any action that may be taken against him under any law for the time being in force, be punishable with tine which may extend to five hundred rupees (5) any ofbcer or custodian who wilfully fails to hand over cuatody 30 of books, records, cash, security and other property belonging to a c0-operative society of which he is an officer or custodian, to a person entitled under section 33, 53, 54, 55 or 66 shall be punishable with tine which may extend to two hundred rupees and in the case of a continuing breach with a further tine which may extend to flve hundred rupees for every 35 day during which the breach is continued after conviction for the first such breach (6) any person who fraudulently acquires or abets in the acquisition of any such property which is subject to a charge under sections 36 and 37 shall be punishable with flne which may extend to two hundred 40 rupees n 83 (1) no court inferior to that of a magistrate of the first clas, shan try any oftence under this act coan!· zanceot olfenc:e (2) no prosecution shall be instituted under this act without the previouj sanction of the registrar and such sanctionhall not be given with-45 out giving to the penon concerned a reasonable opportunity to repreeent bis cue addrell of odeties k every co-operative $ociety shall have an address registered in tht! manner prescribed to which au' notices and communications may be iej1t, and shall send to the registrar notice of every change thereof within thirty days ot such change copy of 8!i every co-operative society shan keep a copy of this act, thli rules s and its bye--laws and also a list of its ,-lembers; open to inspecti~n fn!e of ehlrrge at all reasonable times at the r:;gister~' address of theioclety: ~ct, rules and byelaws, etc, to be open to inspection prohibition agllinst the use of the word "eo-operatift" 86 no person other than a co-operative society shall trade or carry on business under any name or title of which the word "co-operative" or its equivalent in any indian language is part: 10 provided that nothing in this section shall apply to the use by any persbn '::ir his successor-in-interest of any name or title uric$er wh'!ch be cllrrled on business at the date on which the co-operativesocie~ies aet, 2 of 1'1& 1912, 'came into ope:-ation 87 notwithstanding anything contained in this act, the lieutenant- is governor may by general or special order and subject to sueh conditions, if any, as he may impose exempt any society or class of societies ftom any of the requirements of this act as to registration 88 the lieutenant-governor may, by general or special order, to be published in the delhi gazette, exempt any co-operative society or any 20 class of co-operative societies from any of the provisions of this act, or may direct that such provisions shall apply to such soc:jetie!j or class of societies with such modifications as may be specified in the qrder power to exempt societies from conditions as te· registution power to exempt cooperative societies from provisiolls of the act 89 any person appoint~d as liquidator under the provisions of this act or the rules shall be deemed to be a public servant within the mean- 2 5 of 1880 ing 00 section 21 of the indian penal code 5 lkluidator to be public rvant notice neeeuary m 1uita no suit shall be instituted against a co-operative soeiety or any of its officers in tespeet of any act touching the business of the soctety 'unw the expiration of three months next after notice in writtnghits "b,en d~fvered to the registrar or left at his oft\ce, stating the cause of aetioh, 30 uie'tiame, description and place of residence of the plaintiff and the 're1t~f wh!chhe elal1ns and the plaint shall contain a statement that such notiee has been so delivered or left companies aet not to apply savinlot existing sqdetietl 91 the provisions of the companies act, 1956 shall not apply to cooperative societies 1 at 158 3s 92 (1) every society now existing which has been registered under the co-operative credit societies act 1904 or under the co-operative sodeties act, 1912 or under tht bombay co-operative societies act, 1925 as 10 at 190 in, force in the union territory of delhi shall be deemed to be registered ; ~/~~i5 under the corresponding provisions of this act and its bye-laws shall, 0 so far as the same are not inconsistent with the express provlsions'ofthis act continue in force until altered or rescinded (2) all appointments, rules and ordters made, notifications and notices ill8ued and suits and other' proeeedinp iniututect under the aid ~ shall, so tar as they are consistent with the provisions of thia act, be deemed to have been respectively made, issued and instituted under this act, save that an order made cancelling the registration of a society ahall be d~med, unless the society has already been finally liquidated, as an 5 order issued under section 63 for its being wound up n (1) save as provided in this act, no civil or revenue court shall have any jurisdiction in respect of-(a) the registration of a co-operative society or ita bye-laws or of an amendment of a bye-law; 10 (b) the removal of a committee; (c) any dispute required under section 60 to be referred to the registrar; and (d) any matter concerning the winding up ed the dissolution of a co-operative society is (2) while a co-operative society is being w'gulld up, no suit or other legal proceedings relating to the business of such society snube proceed ed with or instituted against, the liquidator as such or against the ~ety or any member thereof, except by leave of the registrar and eubjed to such terms as he may impose 20 (3) save as provided in this act, no order, deeision or award made under this act shall be questijned in any court on any ground whatsoever m (1) in exercising the 1unctions conferred on him by or under this act, the registrar, the arbitrator or any other person decidlns a clilpute under section 61 and the liquidator of a co-operative society or penod l5 entitled to audit, inspect or hold an inquiry and the tribunal, aball have all the powers of a civil court, while trying a suit, under the code ot civu procedure, 1908, in respect of the following matters, naniely:-5 of 1908 (a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of any doeument; 30 (c) proof of facts by affidavits; and (d) issuing commissions for examination of witneaes (2) in the case ';:il an affidavit, any officer appointed by the registrar, the arbitrator or any other person deciding a dispute and the liquidator 3s or the tribunal, as the case may be, may administer the oath to the deponent 95 no suit, prosecution or other legal proceedlnis shall lie agaiolt the registrar or any person subordinate to him or acting on' his authority in respect of anything in go~d faith done or purporting to have been done ,0 under this act 96 (1) the ueutenant-g:wernor shall, as soon as may be alter the commencement of this act, constitute 8 common set'vice compruing of officers and other employees of djfferent classes of co-operattve societies and shall determine the number and designation of sueh offtcers and 45 other employees (2) the lieutenant-governor shall make rules regulating the qualifi· cations remuneration, allowances, recruitment and other conditions of service of such officers and other employees of the co-operative societies 1ii4eftt atty qualjftca tioftl, remuoeralion anct other condi· uons of ~ 01 empie-yhii of co-operative meiet1ei 91 (1) the lieutenant-governor may, for any co·operative society or class of co-operative societies, make rules to carry out the purposes of this act (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following 5 matters, namely:-(i) the maximum number of shares or portion of the capital of a co-operative society which may, subject to the provisions of section 6, be held by a member; (ii) the form to be used and the conditions to be complied with 10 in the making of applications for the registration of a society and the procedure in the matter of such applications; (iii) the procedure and conditions for change in the form and extent of the liability of a co-operative society; (iv) the matters in respect of which the society mayor shall is make bye-laws and for the procedure to be followed in making, altering and abrogating bye-laws and the conditions to be satisfied prior to such making, alteration or abrogation; (v) the conditions to be complied with by persons applying for admission or admitted ae> members, for the election and admission 20 of members, and for the payment tolbe made and the interest to be acquired before the exercise of the right of membership; (vi) the manner in which funds may be raised by means of shares and debentures or otherwise; (vii) for general meeting of the members and for the procedure 25 at such meetings and the powers to be exercised by such meetings; (viii) the prohibitions and restrictions subject to which societies may transact business with persons who are n<rt members; (ix) the proportion of individuals and societies in the constitution of the committee of management and the general body of a co-opera- 30 tive society of which another co-operative society is a member; (x) subject to the provisions of section 31, the election and nomination of members of committees, the appointment or election of oftlcers and the suspension and removal of the members and other oft!- cers, and for the powers to be exercised and the duties to be perform- 35 ed by the committees and other officers; (xi) the area of agricultural land, the conditions required to be fulftlled for the purpose of sub-section (6) of section 31; (xii) the appointment and regulation of work entrusted to person 40 or persons replacing the committee in pursuance of section 32; (:riii) prohibiting a co-operative society from electing a defaulting member on its committee or to be its representative; (xiv) the accountr and books to be kept by a co-operative society and the audit of such accounts and the charges, if any, to be made for such audit, and for the periodical publication of a balance-sheet showing the assets and liabilities of a co-operative society; 5 (~) the returns to be submitted by a co-operative society to the registrar, the persons by whom and the form in which such returns shall be submitted and in case of failure to submit any such returns for the levy of expenses of preparing it; (xvi) the persons by whom and the fotm in which copies of the 10 entries iii books of societies may be certified and for the charges to be levied for the supply of such copies; (xvii) the formation and maintenance of a register of members and where the liability of the members is limited by shares, of a register of shares; 15 (xviii) the appointment of an arbitrator to decide disputes; (xix) the procedure to be followed in proceedings before the registrar, arbitrator or other persons deciding disputes including the appointment of a guardian for a party to the dispute who is a minor or who', by reason of unsoundness of mind or mental infirmity, is 20 incapable of protecting his interests, and the levy of the expenses relating to such proceedings; (xx) the withdrawal and expulsion of members and for the payments, if any, to be made to members who withdraw or are expelled and for the liability of past members and of the estates of deceased 25 members; (xxi) the mode in which the value of a deceased member's share or interest shall be ascertained and for the nomination of a person to whom such share or interest may be paid or transferred; 30 (xxii) the payments to be made and conditions to be complied with by members applying for loans, the period for which any loans may be made and the maximum amount which may be lent, to any member; 35 (mu) the formati<nl and maintenance of reserve funds and other funds and the objects to which such funds may be appued, and for the investment of any funds under the control of a co-operative society; (mu) the extent to which a co-operative society may limit the number (1f its members; 40 (x'xv) the conditions under which proats lnay be distributed to the members of a co-operative society with unlimited iiabflfty, and the maximum rate of dividend which may he paid by co-operatlve societies; (xxvi) the calculation and writing off of bad debts by co-operative societies; 45 (xxvii) the procedure to be followed by a liquidator appointed under section 66 in respect of provisions of sectiml 67; (xxviii) the procedure to be followed in presenting and disposine of appeals under this act; (xxix) the form of orders referred to in sections 71 and 72; (x:u) qualificatkrns of the members of the tribunal; (zz:ri) the issue and service of processes and for proof o'f service 5 thereof; (xxxii) the manner of effecting attachment; (n;:riii) the custody, preservation and sale of property under attachment; (xmv) the investigation of claims by persons other than the 10 clefaulter to any right or interest in the attached property, and for the postponement of the sale pending such investigation; (xxnl) the immediate sale of perishable articles; (xxxvi) the inspection of documents in the office of the registrar or of any other omcer or authority and the levy of fees fot is granting certified copies of the same; (xxxvii) the terms and conditions on which the central g<lvemment may make share-capital contribution or give assistance, financial or other, to societies and the terms and conditions· on which the central ~vernment may guarantee the payment of the princi- :<0 pal or interest on debentures issued by societies or loans raised by them; (rxxt'iii) the manner in which funds may be raised by a society or a class of societies by means of shares or debentures or otherwise and the quantum of funds s'~ raised; 2~ (xxrix) for giving reasonable' notice of the charge under sections 36 and 37; (xl) qualifications, remuneration allowances and recruitment and ihe conditions of service of officers and other employees of a so'ci~ty or class of societies; 3" (xli) the method of communicating or publishing any order, decision ot award required to be communicated or published under this act or the rules (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 sel- :5 ilion for a total period of thirty days which may be comprised in on~ _toft {\f in two successive sessions, and if before, the expiry of the session in which it !~ ao laid or the session immediately following, both hcnses agree in making any nt«uftcation in the rule or both houses agree that the rule should not be made, the rule stur,ll thereafter have et!ect only 40 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 prejuttieeto the validity of anything previously done under that rule' lb on the day on which the delhi co-operative societies act, 1970 cobles into force, the bombay co-operative societies act 1925 as in force 45 bom 7 of in the union territory of delhi shall stand repealed: 19'!~ provided that the repeal shall not affect-(a) the previous operation of the act so repealed or anything duly done or suffered thereunder; or (b) any right, privilege, obligation or liability acquired, accrued s or incurred under the act so repealed; or (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the act so repealed; or (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or 10 punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if that act had not been repealed statement of objects and reasonsthe bombay co-operative societies act, 19251 was extended to the union territory of delhi in 1949 this act, which was in force in the states of mal'u~rashtra and gujarat has 8inc~ beftn repealed in thj3&e states and replaced by new acts passed by tqeir respective legisl~turej in view of the expansion and diversification of activities of co-operatives, it is considered necessary to replace the existing co-operative legislation by the present bill to meet the requirements of co-operative development in the union territory of delhi 2 the salient features of the bill are that it provides for obviating delays in the registration of co-operative societies, open membership, expeditious amalgamation and division of co-operative societies, delegation of powers of the registrar to federal societies, state partnership in cooperatives and contribution by co-operatives too a co-operative education fund provision has also been made for appealing against refusal of society to admit a person as its member and against orders of a society expelling a member to facilitate mobilisation of deposits by co-operative banks, an enabling provisdon for the extension of the deposit insurance scheme to co-'o'perative banks has been included in the bill 3 following provisions have also been incorporated in the bill for curbing the growth of vested interests in co-operatives as recommended by the conference of chief ministers and state ministers of co-operation held in june, 1968: (a) persons like money-lenders, traders and other middle-men whose interests conflict with the objects of co-operatives are to be excluded from membership of co-operatives (b) two seats-one each for scheduled castes and small farmers-are to be reserved on the board of management of certain categories of societies (c) no individual is to hold office for more than 2 terms of 3 years each in the same institution (d) no individual is to hold office simultaneously in more than three institutions (e) the loans given to members of the managing committee of a society should be reviewed at the general body meetings of the society (i) elections in bigger co-operative institutions will be conductell through an independent authority (g) constitution· of common service qf personnel of co-operatives new delm; annasaheb p shinde the 13th february, 1970 the delhi co-operative societies bill, 1970 seeks to replace the bombay co-operative societies act, 1925 in its application to the union territo~ of delhi e~cept~n~ fo'r a small acldition~ ex~nditure that may anse under clause 31 of the bill, no other new expenditure is contemplated by reason merely of the passing of the bill 2 claus~s 8, 53, 54, 55, 56, 61 and 66 of the delhi co-operative societies bi1~, 191'0 whtcp provid~ for the appoi~tment of registrar and other officers, audit, inspection and inquiry, appointment of arbitrators and liquidators by the registrar, will not entail any additional expenditure 8$ the registrar's organisation is already undertaking these responsibiliti~ in ter~ of the existing co-operative sqcietie$ act in force in the union territory of delhi_ 3 clause 31 of the bill lays down that the election cf the members of the committees of such co-operative societies or class of co-operative societies, as the lieutenant-governor may, by general or special order, notify, shall be held under the superintendence, direction and control of returning officers to be appointed in this behalf the exact amount of expenditure involved on this cannot be assessed at this stage the additional expenditure may, however, be of the order of rupees 25,000 a year 4 clause 43 provides for remission cf certain taxes including incometax, stamp duty, court fee, registration fee, land revenue, taxes on agricultural income, taxes on sales or purchase of goods and taxes on profession, trades, callings and employments the financial liability to government as a result of the application of this enabling provision will depend upon the nature and the extent of exemption given from time to time the co-operative societies act in force in the union territory of delhi already contains an enabling provision to exempt co-operatives from income-tax, stamp duty, court fee and registration fee 5 clause 45 of the bill provides for financial assistance to co-operatives in the form of share capital, loans and advances, subsidies and guarantees the system envisaged in this provision is already in vogue and no additional expenditure to the government is envisaged 6 clause 78 of the bill pr<1vides for the constitution of a tribunal on the lines of section 63a of the co-operative societies act in force in the territory and therefore no additional expenditure is involved 7 the budget provision of the co-operative department of the union territory for the current financial year 1969-70 is of the order of rupees 1550 lakhs as revenue expenditure and rupees 1650 lakhs as capital expenditure for loans and share participation only a small additional expenditure is contemplated by reason merely of the passing of this bill 8 this bill does nat involve any non-recurring expenditure memorandum regarding delegated legislationclause 78 of the delhi co-operative societies bill, 1970 empowers the delhi co-operative tribunal, to be constituted under the said clause, to frame regulations, with the previous approval of the lieutenant-governor for the purpose of regulating its procedure and the disposal of its business further, clause 97 of the bill empowers the lieutenant-governor to make rules to carry out the purposes of the act the various matters with respect to which rules may be so made are specified in sub-clause (2) of clause 97 of the bill it has been provided in sub-clause (3) af the said clause 97 that all rules so made shall be laid before each house of parliament 2 the matters in respect of which regulations are to be framed or rules are to be made, are matters of procedure or detail and the delegation of legislative power is thus (if a normal character a bill"to consolidate and amend the law relating to co-operative societies in the union territory of delhi (shri annasahib p shinde, minister of state in the ministry oj food, agriculture, community dtfjelopmet't and co-operation) | Parliament_bills | 6412b44c-b264-590d-a936-e9ae5293d484 |
the mines and minerals (development and regulation) amendment bill, 2008 a billfurther to amend the mines and minerals (development and regulation) act, 1957be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the mines and minerals (development and regulation)amendment act, 2008short title and commencement5(2) it shall come into force on such date as the central government may, bynotification in the official gazette, appoint67 of 19572 in the mines and minerals (development and regulation) act, 1957 (hereinafterreferred to as the principal act), after section 11, the following section shall be inserted, namely:—insertion ofnew section11a10procedure in respect of coal and lignite^11a the central government may, for the purpose of granting reconnaissance permit, prospecting licence or mining lease in respect of an area containing coal and lignite, select, through auction by competitive bidding on such terms and conditions as may be prescribed, a company engaged in,—(i) production of iron and steel; (ii) generation of power; (iii) washing of coal obtained from a mine; or15(iv) such other end use as the central government may, by notification inthe official gazette, specify,and the state government shall grant such reconnaissance permit, prospecting licence or mining lease in respect of coal and lignite to such company as selected through auction by competitive bidding under this section:5provided that the auction by competitive bidding shall not be applicable to an area containing coal or lignite,—(a) where such area is considered for allocation to a government company or corporation for mining or such other specified end use;(b) where such area is considered for allocation to a company or corporation that has been awarded a power project on the basis of competitive bids for tariff (including ultra mega power projects)101 of 1956explanation—for the purposes of this section "company" means a company as defined in section 3 of the companies act, 1956 and includes a foreign company within the meaning of section 591 of that actamendment of section 133 in section 13 of the principal act, in sub-section (2), after clause (c), the following clause shall be inserted, namely:—15"(d) the terms and conditions of auction by competitive bidding for selection of the company under section 11a;" statement of objects and reasonsthe coal mines nationalisation act, 1973 (26 of 1973), allows private companies engaged in generation of power, production of iron and steel, washing of coal obtained from mines and such other end-uses as may be specified by the central government by notification, to carry on coal mining for their captive end-use2 in order to allocate coal blocks to private companies for captive mining of coal, a screening committee was set up in the ministry of coal through an administrative order, to consider applications made by various companies the screening committee is an inter- ministerial and inter-governmental body, having representatives from various administrative ministries/departments concerned of the central government, the state governments where the coal blocks are located, and coal companies, etc3 with the progressive allocation of coal blocks, the number of coal blocks available for allocation is declining while the number of applicants per block is increasing, as the demand for coal keeps increasing this has made selection of an applicant in respect of a block difficult and vulnerable to criticism on the ground of lack of transparency and objectivity4 while efforts are on hand to continuously add blocks to the captive list, it was also expected that the demand for blocks would remain far ahead of supply therefore, a necessity has arisen to bring in a process of selection that is not only objective but also transparent auction through competitive bidding for allocation of coal blocks to private companies is one such acceptable selection process while the coal mines nationalisation act, 1973, besides providing for nationalisation and associated provisions, specifies who can and who cannot undertake coal mining in india, the entities permitted to carry on coal mining under the said act follow the provisions of the mines and minerals (development and regulation) act, 1957 and the rules made thereunder, for acquiring mineral rights, mining lease and other matters related to mineral administration hence, selection process by auction through competitive bidding for allocation of coal blocks to private companies is sought to be introduced through an amendment in the mines and minerals (development and regulation) act, 19575 in the proposed arrangement, auction by competitive bidding shall not be applicable in respect of allocation of coal blocks to government company or a central or state public sector undertaking further, competitive bidding shall not be applicable for allocation of coal blocks to a company or corporation that has been awarded a power project on the basis of competitive bids for tariffs, including ultra mega power projects6 the bill seeks to achieve the above objects new delhi;sis ram olathe 25th march, 2008 memorandum regarding delegated legislationclause 2 of the bill proposes to insert a new section 11a in the mine and minerals(development and regulation) act, 1957 the said clause seeks to empower the central government to prescribe the terms and conditions for the selection of a company through competitive bidding in respect of an area containing coal and lignite clause 3 enables the central government to make rules for the purposes covered by the aforesaid new provision2 the matters in respect of which the said rules may be made are essentially matters of detail or procedure the delegation of legislative power is, therefore, of a normal character annexure extract from the mines and minerals (regulation and development) act, 1957 (67 of 1957) 13 (1) (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:—power of central government to make rules in respect of minerals ————abillfurther to amend the mines and minerals (development and regulation) act, 1957————(shri sis ram ola, minister of mines)gmgipmrnd—3067rs—25092008 | Parliament_bills | 75643bab-4ad5-5bac-8ac1-d21086ee1aba |
the banning of unregulated deposit schemes bill, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii banning of unregulated deposit schemes3 banning of unregulated deposit schemes 4 fraudulent default in regulated deposit schemes 5 wrongful inducement in relation to unregulated deposit schemes 6 certain scheme to be unregulated deposit scheme chapter iii authorities7 competent authority 8 designated court chapter iv information on deposit takers9 central database10 information of business by deposit taker 11 information to be shared chapter v restitution to depositors12 priority of depositors' claim 13 precedence of attachment 14 application for confirmation of attachment and sale of property 15 confirmation of attachment by designated court 16 attachment of property of mala fide transferees 17 payment in lieu of attachment clauses18 powers of designated court 19 appeal to high court 20 power of supreme court to transfer cases chapter vi offences and punishments21 punishment for contravention of section 3 22 punishment for contravention of section 4 23 punishment for contravention of section 5 24 punishment for repeat offenders 25 offences by deposit takers other than individuals 26 punishment for contravention of section 10 27 cognizance of offences chapter vii investigation, search and seizure28 offences to be cognizable and non-bailable 29 competent authority to be informed of offences 30 investigation of offences by central bureau of investigation 31 power to enter, search and seize without warrant 32 application of code of criminal procedure, 1973 to proceedings before designatedcourt chapter viii miscellaneous33 publication of advertisement of unregulated deposit scheme 34 act to have overriding effect 35 application of other laws not barred 36 protection of action taken in good faith 37 power of central government to make rules 38 power of state government, etc, to make rules 39 laying of rules 40 power to amend first schedule 41 act not to apply certain deposits 42 amendment to certain enactments 43 power to remove difficulties 44 repeal and savingthe first schedule the second schedule bill no 182 of 2019 the banning of unregulated deposit schemes bill, 2019 a billto provide for a comprehensive mechanism to ban the unregulated deposit schemes, other than deposits taken in the ordinary course of business, and to protect the interest of depositors and for matters connected therewith or incidental thereto be it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminarydefinitions2 in this act, unless the context otherwise requires,—(1) "appropriate government" means in respect of matters relating to,—(i) the union territory without legislature, the central government; (ii) the union territory of puducherry, the government of that union territory;5(iii) the union territory of delhi, the government of that union territory; and(iv) the state, the state government;1018 of 2013(2) "company" shall have the same meaning as assigned to it in clause (20) of section 2 of the companies act, 2013;(3) "competent authority" means an authority appointed by the appropriate government under section 7;15(4) "deposit" means an amount of money received by way of an advance or loan or in any other form, by any deposit taker with a promise to return whether after a specified period or otherwise, either in cash or in kind or in the form of a specified service, with or without any benefit in the form of interest, bonus, profit or in any other form, but does not include—10 of 1949(a) amounts received as loan from a scheduled bank or a co-operative bank or any other banking company as defined in section 5 of the banking regulation act, 1949;202 of 193425(b) amounts received as loan or financial assistance from the public financial institutions notified by the central government in consultation with the reserve bank of india or any non-banking financial company as defined in clause (f) of section 45-i of the reserve bank of india act, 1934 and is registered with the reserve bank of india or any regional financial institutions or insurance companies;30(c) amounts received from the appropriate government, or any amount received from any other source whose repayment is guaranteed by the appropriate government, or any amount received from a statutory authority constituted under an act of parliament or a state legislature;3542 of 1999(d) amounts received from foreign governments, foreign or international banks, multilateral financial institutions, foreign government owned development financial institutions, foreign export credit collaborators, foreign bodies corporate, foreign citizens, foreign authorities or person resident outside india subject to the provisions of the foreign exchange management act, 1999 and the rules and regulations made thereunder;(e) amounts received by way of contributions towards the capital by partners of any partnership firm or a limited liability partnership;40(f) amounts received by an individual by way of loan from his relatives or amounts received by any firm by way of loan from the relatives of any of its partners;(g) amounts received as credit by a buyer from a seller on the sale of anyproperty (whether movable or immovable);(h) amounts received by an asset re-construction company which isregistered with the reserve bank of india under section 3 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;(i) any deposit made under section 34 or an amount accepted by a political party under section 29b of the representation of the people act, 1951;43 of 19515(j) any periodic payment made by the members of the self-help groupsoperating within such ceilings as may be prescribed by the state government or union territory government;(k) any other amount collected for such purpose and within such ceilings as may be prescribed by the state government;(l) an amount received in the course of, or for the purpose of, business and bearing a genuine connection to such business including—10(i) payment, advance or part payment for the supply or hire ofgoods or provision of services and is repayable in the event the goods or services are not in fact sold, hired or otherwise provided;15(ii) advance received in connection with consideration of animmovable property under an agreement or arrangement subject to the condition that such advance is adjusted against such immovable property as specified in terms of the agreement or arrangement;(iii) security or dealership deposited for the performance of thecontract for supply of goods or provision of services; or20(iv) an advance under the long-term projects for supply of capitalgoods except those specified in item (ii):provided that if the amounts received under items (i) to (iv) become refundable, such amounts shall be deemed to be deposits on the expiry of fifteen days from the date on which they become due for refund:25provided further that where the said amounts become refundable,due to the deposit taker not obtaining necessary permission or approval under the law for the time being in force, wherever required, to deal in the goods or properties or services for which money is taken, such amounts shall be deemed to be depositsexplanation—for the purposes of this clause,—3018 of 2013(i) in respect of a company, the expression "deposit" shallhave the same meaning as assigned to it under the companies act, 2013;2 of 193435(ii) in respect of a non-banking financial company registeredunder the reserve bank of india act, 1934, the expression "deposit" shall have the same meaning as assigned to it in clause (bb) ofsection 45-i of the said act;9 of 1932(iii) the expressions "partner" and "firm" shall have themeanings respectively assigned to them under the indian partnership act, 1932;406 of 2009(iv) the expression "partner" in respect of a limited liability partnership shall have the same meaning as assigned to it in clause (q) of sub-section (1) of section 2 of the limited liability partnership act, 2008;18 of 201345(v) the expression "relative" shall have the same meaning asassigned to it in the companies act, 2013;(5) "depositor" means any person who makes a deposit under this act; (6) "deposit taker" means—(i) any individual or group of individuals;(ii) a proprietorship concern; (iii) a partnership firm (whether registered or not);6 of 2009(iv) a limited liability partnership registered under the limited liability partnership act, 2008;(v) a company;5(vi) an association of persons;2 of 1882(vii) a trust (being a private trust governed under the provisions of the indian trusts act, 1882 or a public trust, whether registered or not);(viii) a co-operative society or a multi-state co-operative society; or10(ix) any other arrangement of whatsoever nature, receiving or soliciting deposits, but does not include—(i) a corporation incorporated under an act of parliament or a state legislature;15 10 of 1949(ii) a banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co-operative bank as defined in the banking regulation act,1949;(7) "designated court" means a designated court constituted by the appropriate government under section 8;20 4 of 1938(8) "insurer" shall have the same meaning as assigned to it in clause (9) of section 2 of the insurance act, 1938;(9) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;(10) "person" includes—25(i) an individual; (ii) a hindu undivided family; (iii) a company;(iv) a trust;(v) a partnership firm;30(vi) a limited liability partnership; (vii) an association of persons; (viii) a co-operative society registered under any law for the time being in force relating to co-operative societies; or35(ix) every artificial juridical person, not falling within any of the preceding sub-clauses; (11) "prescribed" means prescribed by the rules made by the central government or, as the case may be, the state government under this act;40(12) "property" means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and includes deeds and instruments evidencing title to, or interest in, such property or assets, wherever located;18 of 2013(13) "public financial institution" shall have the same meaning as assigned to it in clause (72) of section 2 of the companies act, 2013;(14) "regulated deposit scheme" means the schemes specified under column (3) of the first schedule;(15) "regulator" means the regulator specified in column (2) of the first schedule;(16) "schedule" means the schedules appended to this act;5(17) "unregulated deposit scheme" means a scheme or an arrangement underwhich deposits are accepted or solicited by any deposit taker by way of business and which is not a regulated deposit scheme, as specified under column (3) of the first schedule chapter ii banning of unregulated deposit schemes103 on and from the date of commencement of this act,—(a) the unregulated deposit schemes shall be banned; andbanning of unregulated deposit schemes(b) no deposit taker shall, directly or indirectly, promote, operate, issue anyadvertisement soliciting participation or enrolment in or accept deposits in pursuance of an unregulated deposit scheme154 no deposit taker, while accepting deposits pursuant to a regulated deposit scheme,shall commit any fraudulent default in the repayment or return of deposit on maturity or in rendering any specified service promised against such depositfraudulent default in regulated deposit schemes205 no person by whatever name called shall knowingly make any statement, promiseor forecast which is false, deceptive or misleading in material facts or deliberately conceal any material facts, to induce another person to invest in, or become a member or participant of any unregulated deposit schemewrongful inducement in relation to unregulated deposit schemes43 of 19786 a prize chit or a money circulation scheme banned under the provisions of the prize chits and money circulation scheme (banning) act, 1978 shall be deemed to be an unregulated deposit scheme under this actcertain scheme to be unregulated deposit scheme chapter iii 25 authoritiescompetent authority7 (1) the appropriate government shall, by notification, appoint one or more officers not below the rank of secretary to that government, as the competent authority for the purposes of this act30(2) the appropriate government may, by notification, appoint such other officer orofficers as it thinks fit, to assist the competent authority in discharging its functions under this act35(3) where the competent authority or officers appointed under sub-section (2), forthe purposes of this section, has reason to believe (the reason for such belief to be recorded in writing), on the basis of such information and particulars as may be prescribed, that any deposit taker is soliciting deposits in contravention of section 3, he may, by an order in writing, provisionally attach the deposits held by the deposit taker and the money or other property acquired either in the name of the deposit taker or in the name of any other person on behalf of the deposit taker from the date of the order, in such manner as may be prescribed405 of 1908(4) the competent authority shall, for the purposes of sub-section (3), have thesame powers as vested in a civil court under the code of civil procedure, 1908 while conducting investigation or inquiry in respect of the following matters, namely:—(a) discovery and inspection;45(b) enforcing the attendance of any person, including any officer of a reportingentity and examining him on oath;(c) compelling the production of records;(d) receiving evidence on affidavits; (e) issuing commissions for examination of witnesses and documents; and(f) any other matter which may be prescribed5(5) the competent authority shall have power to summon any person whose attendance he considers necessary whether to give evidence or to produce any records during the course of any investigation or proceeding under this section10(6) all the persons so summoned shall be bound to attend in person or through authorised agents, as such officer may direct, and shall be bound to state the truth upon any subject respecting which they are examined or make statements, and produce such documents as may be required(7) every proceeding under sub-sections (4) and (5) shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the indian penal code45 of 1860 15(8) subject to any rules made in this behalf by the central government, any officer referred to in sub-section (2) may impound and retain in his custody for such period, as he thinks fit, any records produced before him in any proceedings under this act:provided that the officer or officers referred to in sub-section (2) shall not—(a) impound any records without recording his reasons for so doing; or20(b) retain in his custody any such records for a period exceeding three months, without obtaining the previous approval of the competent authoritydesignated court258 (1) the appropriate government shall, with the concurrence of the chief justice of the concerned high court, by notification, constitute one or more courts known as the designated courts for such area or areas or such case or cases as may be specified in such notification, which shall be presided over by a judge not below the rank of a district and sessions judge or additional district and sessions judge(2) no court other than the designated court shall have jurisdiction in respect of any matter to which the provisions of this act apply2 of 197430(3) when trying an offence under this act, the designated court may also try an offence, other than an offence under this act, with which the accused may, under the code of criminal procedure, 1973, be charged at the same trial chapter iv information on deposit takerscentral database359 (1) the central government may designate an authority, whether existing or to be constituted, which shall create, maintain and operate an online database for information on deposit takers operating in india(2) the authority designated under sub-section (1) may require any regulator or the competent authority to share such information on deposit takers, as may be prescribed40information of business by deposit taker4510 (1) every deposit taker which commences or carries on its business as such on or after the commencement of this act shall intimate the authority referred to in sub-section (1) of section 9 about its business in such form and manner and within such time, as may be prescribed(2) the competent authority may, if it has reason to believe that the deposits are being solicited or accepted pursuant to an unregulated deposit scheme, direct any deposit taker to furnish such statements, information or particulars, as it considers necessary, relating to or connected with the deposits received by such deposit takerexplanation—for the removal of doubts, it is hereby clarified that—(a) the requirement of intimation under sub-section (1) is applicable to deposit takers accepting or soliciting deposits as defined in clause (4) of section 2; and18 of 20135(b) the requirement of intimation under sub-section (1) applies to a company, if the company accepts the deposits under chapter v of the companies act, 2013information to be shared11 (1) the competent authority shall share all information received under section 29 with the central bureau of investigation and with the authority which may be designated by the central government under section 910 (2) the appropriate government, any regulator, income-tax authorities or any other investigation agency, having any information or documents in respect of the offence investigated under this act by the police or the central bureau of investigation, shall share all such information or documents with the police or the central bureau of investigation15(3) where the principal officer of any banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co-operative bank has reason to believe that any client is a deposit taker and is acting in contravention to the provisions of this act, he shall forthwith inform the same to the competent authority chapter v restitution to depositors2054 of 2002priority of depositors' claim31 of 201612 save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, any amount due to depositors from a deposit taker shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the appropriate government or the local authority25precedence of attachment54 of 2002 31 of 20163013 (1) save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, an order of provisional attachment passed by the competent authority, shall have precedence and priority, to the extent of the claims of the depositors, over any other attachment by any authority competent to attach property for repayment of any debts, revenues, taxes, cesses and other rates payable to the appropriate government or the local authority(2) where an order of provisional attachment has been passed by the competent authority—35(a) such attachment shall continue until an order is passed undersub-section (3) or sub-section (5) of section 15 by the designated court;(b) all the attached money or property of the deposit taker and the personsmentioned therein shall vest in the competent authority and shall remain so vested till further order of the designated court40(3) the competent authority shall open an account in a scheduled bank for thepurpose of crediting and dealing with the money realised under this act, which shall not be utilised except under the instructions of the designated court(4) the competent authority shall not dispose of or alienate the property or money attached, except in accordance with the order of the designated court under sub-section (3) or sub-section (5) of section 1545(5) notwithstanding anything contained in sub-section (4), the competent authority may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the proceeds of the sale shall be utilised in the same manner as provided for other property5application for confirmation of attachment and sale of property14 (1) the competent authority shall, within a period of thirty days, which may extend up to sixty days, for reasons to be recorded in writing, from the date of the order of provisional attachment, file an application with such particulars as may be prescribed, before the designated court for making the provisional attachment absolute, and for permission to sell the property so attached by public auction or, if necessary, by private sale10(2) in case where the money or property has been attached on the permission granted by a designated court in another state or union territory, the application for confirmation of such attachment shall be filed in that court15 (1) upon receipt of an application under section 14, the designated court shall issue notice to—confirmation of attachment by designated court(a) the deposit taker; and15(b) any person whose property is attached under section 14, to show cause, within a period of thirty days from the date of issue of notice, as to why the order of attachment should not be made absolute and the properties so attached be sold20(2) the designated court shall also issue notice to all other persons represented to it as having or being likely to claim any interest or title in the property, to appear on the same date as persons referred to in sub-section (1) to raise objections, if they so desire, to the attachment of the property(3) the designated court shall, after adopting such procedure as may be prescribed, pass an order—25(a) making the provisional order of attachment absolute; or (b) varying it by releasing a portion of the property from attachment; or (c) cancelling the provisional order of attachment,and in case of an order under clause (a) or clause (b), direct the competent authority to sell the property so attached by public auction or, if necessary, by private sale and realise the sale proceeds30(4) the designated court shall not, in varying or cancelling the provisional order of attachment, release any property from attachment, unless it is satisfied that—(a) the deposit taker or the person referred to in sub-section (1) has interest in such property; and35 (b) there shall remain an amount or property sufficient for repayment to the depositors of such deposit taker (5) the designated court shall pass such order or issue such direction as may be necessary for the equitable distribution among the depositors of the money attached or realised out of the sale40(6) the designated court shall endeavour to complete the proceedings under this section within a period of one hundred and eighty days from the date of receipt of the application referred to in sub-section (1)45attachment mala fide transferees16 (1) where the designated court is satisfied that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attached5(2) where the said transferee does not appear and show cause on the specified date or where the designated court is satisfied that the transfer of the property to the said transferee was not a bona fide transfer and not for commensurate consideration, it shall order the attachment of so much of the said transferee's property as in its opinion is equivalent to the proper value of the property transferred10payment in lieu of attachment17 (1) any deposit taker or a person referred to in sub-section (1) of section 15, or transferee referred to in section 16 whose property is about to be attached or has been provisionally attached under this act, may, at any time before the confirmation of attachment, apply to the designated court for permission to deposit the fair value of the property in lieu of attachment15(2) while allowing the deposit taker or person or transferee referred to in sub-section (1) to make the deposit under sub-section (1), the designated court may order such deposit taker or person or transferee to pay any sum towards costs as may be applicable18 (1) the designated court shall exercise the following powers, namely:—powers of designated court20(a) power to approve the statement of dues of the deposit taker due from various debtors;(b) power to assess the value of the assets of the deposit taker and finalise the list of the depositors and their respective dues;25(c) power to direct the competent authority to take possession of any assetsbelonging to or in the control of the deposit taker and to sell, transfer or realise the attached assets, either by public auction or by private sale as it deems fit depending upon the nature of assets and credit the sale proceeds thereof to its bank account;(d) power to approve the necessary expenditure to be incurred by the competent authority for taking possession and realisation of the assets of the deposit taker;30(e) power to pass an order for full payment to the depositors by the competentauthority or an order for proportionate payment to the depositors in the event, the money so realised is not sufficient to meet the entire deposit liability;35 (f) power to direct any person, who has made profit or averted loss byindulging in any transaction or activity in contravention of the provisions of this act, to disgorge an amount equivalent to the wrongful gain made or loss averted by such contravention; and (g) power to pass any other order which the designated court deems fit forrealisation of assets of the deposit taker and for repayment of the same to the depositors of such deposit taker or on any other matter or issue incidental thereto40(2) on the application of any person interested in any property attached andvested in the competent authority under this act and after giving such competent authority an opportunity of being heard, make such order as the designated court considers just and reasonable for—45(a) providing from such of the property attached and vested in the competentauthority as the applicant claims an interest in, such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for expenses connected with the defence of the applicant where criminal proceedings have been initiated against him in the designated court under this act; or(b) safeguarding, so far as may be practicable, the interest of any business affected by the attachment5explanation—for the purposes of this section, the expression "deposit taker" includes the directors, promoters, managers or members of said establishment or any other person whose property or assets have been attached under this actappeal to high court19 any person including the competent authority, if aggrieved by any final order of the designated court under this chapter, may appeal to the high court, within a period of sixty days from the date of such order:10provided 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—the expression "high court" means the high court of a state or union territory where the designated court is situated15power of supreme court to transfer cases20 (1) whenever it is made to appear to the supreme court that there is a default in any deposit scheme or deposit schemes of the nature referred to in section 30, the supreme court may, by an order, direct that any particular case be transferred from one designated court to another designated court(2) the supreme court may act under this section only on an application filed by the competent authority or any interested party, and every such application shall be supported by an affidavit20 25(3) where an application for the exercise of the powers conferred by this section is dismissed, the supreme court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding fifty thousand rupees as it may consider appropriate in the circumstances of the case chapter vi offences and punishments30punishment for contravention of section 321 (1) any deposit taker who solicits deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than two lakh rupees but which may extend to ten lakh rupees35(2) any deposit taker who accepts deposits in contravention of section 3 shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and with fine which shall not be less than three lakh rupees but which may extend to ten lakh rupees40(3) any deposit taker who accepts deposits in contravention of section 3 and fraudulently defaults in repayment of such deposits or in rendering any specified service, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to ten years and with fine which shall not be less than five lakh rupees but which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in the unregulated deposit schemeexplanation—for the purposes of this act,—(i) the expression "fraudulently" shall have the same meaning as assigned to it in section 25 of the indian penal code;45 of 1860 45(ii) where the terms of the deposit scheme are entirely impracticable or unviable, the terms shall be relevant facts showing an intention to defraudpunishment for contravention of section 422 any deposit taker who contravenes the provisions of section 4 shall be punishable with imprisonment for a term which may extend to seven years, or with fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of the fraudulent default referred to in said section, whichever is higher, or with both523 any person who contravenes the provisions of section 5 shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which may extend to ten lakh rupeespunishment for contravention of section 510punishment for repeat offenders24 whoever having been previously convicted of an offence punishable under this chapter, except the offence under section 26, is subsequently convicted of an offence shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to ten years and with fine which shall not be less than ten lakh rupees but which may extend to fifty crore rupees15offences by deposit takers other than individuals25 (1) where an offence under this act has been committed by a deposit taker other than an individual, every person who, at the time the offence was committed, was in charge of, and was responsible to, the deposit taker for the conduct of its business, as well as the deposit taker, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly20(2) nothing contained in sub-section (1) shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence(3) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a deposit taker other than an individual, and it is proved that the offence—25(a) has been committed with the consent or connivance of; or (b) is attributable to any neglect on the part of any director, manager, secretary, promoter, partner, employee or other officer of the deposit taker,30such person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglypunishment for contravention of section 1026 whoever fails to give the intimation required under sub-section (1) ofsection 10 or fails to furnish any such statements, information or particulars as required under sub-section (2) of that section, shall be punishable with fine which may extend tofive lakh rupees35cognizance of offences27 notwithstanding anything contained in section 4, no designated court shalltake cognizance of an offence punishable under that section except upon a complaint made by the regulator:provided that the provisions of section 4 and this section shall not apply in relationto a deposit taker which is a company 40 chapter vii investigation, search and seizure2 of 1974offences to be cognizable and non-bailable28 notwithstanding anything contained in the code of criminal procedure, 1973every offence punishable under this act, except the offence under section 22 and section 26, shall be cognizable and non-bailable4529 the police officer shall, on recording information about the commission of anoffence under this act, inform the same to the competent authoritycompetent authority to be informed of offences30 (1) on receipt of information under section 29 or otherwise, if the competent authority has reason to believe that the offence relates to a deposit scheme or deposit schemes in which—investigation of offences by central bureau of investigation5(a) the depositors, deposit takers or properties involved are located in more than one state or union territory in india or outside india; and(b) the total value of the amount involved is of such magnitude as to significantly affect the public interest, the competent authority shall refer the matter to the central government for investigation by the central bureau of investigation10 25 of 1946(2) the reference made by the competent authority under sub-section (1) shall be deemed to be with the consent of the state government under section 6 of the delhi special police establishment act, 194625 of 194615(3) on the receipt of the reference under sub-section (1), the central government may transfer the investigation of the offence to the central bureau of investigation under section 5 of the delhi special police establishment act, 1946power to enter, search and seize without warrant2031 (1) whenever any police officer, not below the rank of an officer in-charge of a police station, has reason to believe that anything necessary for the purpose of an investigation into any offence under this act may be found in any place within the limits of the police station of which he is in-charge, or to which he is attached, such officer may, with the written authorisation of an officer not below the rank of superintendent of police, and after recording in writing so far as possible, the thing for which the search is to be made and subject to the rules made in this behalf, authorise any officer subordinate to him,—25(a) to enter and search any building, conveyance or place, between sunrise and sunset, which he has reason to suspect is being used for purposes connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this act;(b) in case of resistance, to break open any door and remove any obstacle to such entry, if necessary by force, with such assistance as he considers necessary, for exercising the powers conferred by clause (a);30(c) to seize any record or property found as a result of the search in the said building, conveyance or place, which are intended to be used, or reasonably suspected to have been used, in connection with any such deposit taking scheme or arrangement in contravention of the provisions of this act; and35(d) to detain and search, and if he thinks proper, take into custody and produce before any designated court any such person whom he has reason to believe to have committed any offence punishable under this act:40provided that if such officer has reason to believe that the said written authorisation cannot be obtained without affording opportunity for the concealment of evidence or facility for the escape of an offender, he may, without the said written authorisation, enter and search such building, conveyance or place, at any time between sunset and sunrise after recording the grounds in writing45(2) where it is not practicable to seize the record or property, the officer authorised under sub-section (1), may make an order in writing to freeze such property, account, deposits or valuable securities maintained by any deposit taker about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this act and it shall be binding on the concerned bank or financial or market establishment to comply with the said order:provided that no bank or financial or market establishment shall freeze such account, deposit or valuable securities, for a period beyond thirty days unless the same is authorised by the order of the designated court:5provided further that, if at any time, it becomes practicable to seize the frozenproperty, the officer authorised under sub-section (1) may seize such propertyexplanation—for the purposes of this section, the expressions,—(i) "freezing of account" shall mean that no transaction, whether deposit or withdrawal shall be allowed in the said account; and10(ii) "freezing of property" shall mean that no transfer, conversion, dispositionor movement of property shall be allowed15(3) where an officer takes down any information in writing or records grounds for his belief or makes an order in writing under sub-section (1) or sub-section (2), he shall, within a time of seventy-two hours send a copy thereof to the designated court in a sealed envelope and the owner or occupier of the building, conveyance or place shall, on application, be furnished, free of cost, with a copy of the same by the designated court2 of 1974(4) all searches, seizures and arrests under this section shall be made in accordance with the provisions of the code of criminal procedure, 19732032 (1) the designated court may take cognizance of offences under this act without the accused being committed to it for trial2 of 1974(2) save as otherwise provided in section 31, the provisions of the code of criminal procedure, 1973 shall apply—(a) to all arrests, searches and seizures made under this act;application of code of criminal procedure, 1973 to proceedings before designated court25(b) to the proceedings under this act and for the purposes of the saidprovisions, the designated court shall be deemed to be a court of session and the persons conducting the prosecution before the designated court, shall be deemed to be public prosecutors chapter viii miscellaneous30publication of advertisement of unregulated deposit scheme3533 where any newspaper or other publication of any nature, contains anystatement, information or advertisement promoting, soliciting deposits for, or inducing any person to become a member of any unregulated deposit scheme, the appropriate government may direct such newspaper or publication to publish a full and fair retraction, free of cost, in the same manner and in the same position in such newspaper or publication as may be prescribedact to have overriding effect34 save as otherwise expressly provided in this act, the provisions of this actshall have effect notwithstanding anything contained in any other law for the time being in force, including any law made by any state or union territory40| 35 ||----------------------------------------------------------|| provisions of any other law for the time being in force || application of || other laws not || barred || protection of || action taken || in good faith |36 no suit, prosecution or other legal proceedings shall lie against the appropriate government or the competent authority or any officer of the appropriate government for anything which is in good faith done or intended to be done under this act or the rules made thereunder45| 37 ||-----------------------------|| the provisions of this act || power 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 information and other particulars to be taken into consideration before issuing an order, and the manner of attachment, under sub-section (3) of section 7;5(b) the information to be shared under sub-section (2) of section 9;(c) the form and manner in which and the time within which the intimation shall be given under sub-section (1) of section 10;(d) the particulars contained in the application to be filed by the competent authority before the designated court under sub-section (1) of section 14;10(e) the procedure to be adopted by the designated court before issuing an order under sub-section (3) of section 15;(f) rules under sub-section (1) of section 31; (g) the manner of publication of advertisement under section 33; and (h) any other matter which is required to be, or may be, prescribed1538 (1) the state government or union territory government, as the case may be, in consultation with the central government, by notification, make rules for carrying out the provisions of this actpower of state government, etc, to make rules(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—20(a) ceiling for self-help groups under clause (j) of sub-section (4) of section 2;(b) purpose and ceiling under clause (k) of sub-section (4) of section 2; (c) the manner of provisional attachment of property by the competent authority under sub-section (3) of section 7;(d) other matters under clause (f) of sub-section (4) of section 7;25(e) the rules relating to impounding and custody of records under sub-section (8) of section 7; and(f) any other matter which is required to be, or may be, prescribedlaying of rules30 3539 (1) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session, or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule, or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule40(2) every rule made by a state government or the union territory government, as the case may be, shall be laid, as soon as may be after it is made, before each house of the state legislature or the union territory legislature, as the case may be, where it consists of two houses, or where such legislature consists of one house, before that housepower to amend first schedule4540 (1) the central government may, having regard to the objects of this act, and ifit considers necessary or expedient so to do, by notification, add to, or as the case may be, omit from the first schedule, any scheme or arrangement, and on such addition, or omission, such scheme or arrangement shall become, or cease to be, a regulated deposit scheme, as the case may be(2) a copy of every notification issued under this section shall, as soon as may be after it has been issued, be laid before each house of parliament41 the provisions of this act shall not apply to deposits taken in the ordinary course of businessact not to apply certain deposits42 the enactments specified in the second schedule shall be amended in the manner specified thereinamendment to certain enactments5power to remove difficulties43 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as may appear to it to be necessary for removing the difficulty:10provided that no such order shall be made under this section after the expiry of threeyears from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentrepeal and savingord 7 of 201944 (1) the banning of unregulated deposit schemes ordinance, 2019, is herebyrepealed15(2) notwithstanding such repeal, anything done or any action taken under the saidordinance, shall be deemed to have been done or taken under this act the first schedule[see section 2 (15)] regulated deposit schemes(1) the regulator and regulated deposit scheme refers to the regulators and schemes and arrangements listed in the following table, namely:—| sl no | regulator | regulated deposit scheme ||---------------------------------------------------------|------------------------------------------------------|----------------------------------------------------------|| (1) | (2) | (3) || 1 | the securities and | ( || exchange board | section 11aa of the securities and exchange board of | || of india | india act, 1992 (15 of 1992)] launched, sponsored or | || carried out by a collective investment management | | || company registered with the securities and exchange | | || board of india under the securities and exchange board | | || of india (collective investment scheme) regulations, | | || 1999 | | || ( | ii | ) any scheme or an arrangement registered with the || securities and exchange board of india under the | | || securities and exchange board of india (alternative | | || investment funds) regulations, 2012 | | || ( | iii | ) any scheme or an arrangement, pursuant to which || funds are managed by a portfolio manager, registered | | || under the securities and exchange board of india | | || (portfolio managers) regulations, 1993 | | || ( | iv | ) any scheme or an arrangement regulated under the || securities and exchange board of india (share based | | || employee benefits) regulations, 2014 or providing for | | || employee benefits as permitted under the companies | | || act, 2013 (18 of 2013) | | || ( | v | ) any other scheme or an arrangement registered || under the securities and exchange board of india act, | | || 1992 (15 of 1992), or the regulations made thereunder | | || ( | vi | ) any amount received as contributions in the nature || of subscriptions to a mutual fund registered with | | || securities and exchange board of india under the | | || securities and exchange board of india (mutual funds) | | || regulations, 1996 | | || 2 | the reserve bank of | ( || india | non-banking financial companies as defined in clause | || ( | f | ) of section 45-i of the reserve bank of india act, 1934 || (2 of 1934) and registered with the reserve bank of | | || india; or any other scheme or an arrangement registered | | || under the reserve bank of india act, 1934 | | || ( | ii | ) any scheme or an arrangement under which funds ||---------------------------------------------------------|--------------------------------------------------------|------------------------------------------------------|| are accepted by individuals or entities engaged as | | || business correspondents and facilitators by banks | | || subject to the guidelines and circulars issued by the | | || reserve bank of india from time to time | | || ( | iii | ) any scheme or an arrangement under which funds || are received by a system provider operating as an | | || authorised payment system under the payment and | | || settlement systems act, 2007 (51 of 2007) | | || ( | iv | ) any other scheme or an arrangement regulated || under the reserve bank of india act, 1934 (2 of 1934), | | || or the guidelines or circulars of the reserve bank of | | || india | | || 3 | the insurance | a contract of insurance pursuant to a certificate of || regulatory and | registration obtained in accordance with the insurance | || development | act, 1938 (4 of 1938) | || authority of india | | || state government or | ( | i || union territory | co-operative society registered under the co-operative | || government | societies act, 1912 (2 of 1912) or a society being a | || society registered or deemed to be registered under | | || any law relating to co-operative societies for the time | | || being in force in any state or union territory | | || ( | ii | ) any scheme or an arrangement commenced or || conducted as a chit business with the previous sanction | | || of the state government in accordance with the | | || provisions of the chit funds act, 1982 (40 of 1982) | | || ( | iii | ) any scheme or an arrangement regulated by any || enactment relating to money lending which is for the | | || time being in force in any state or union territory | | || ( | iv | ) any scheme or an arrangement by a prize chit or || money circulation scheme under section 11 of the prize | | || chits and money circulation schemes (banning) | | || act, 1978 (43 of 1978) | | || 4 | the national | any scheme or an arrangement for acceptance of || housing bank | deposits registered under the national housing bank | || act, 1987 (53 of 1987) | | || 5 | the pension fund | any scheme or an arrangement under the pension fund || regulatory and | regulatory and development authority act, 2013 | || development | (23 of 2013) | || authority | | || 6 | the employees | any scheme, pension scheme or insurance scheme || provident fund | framed under the employees' provident fund and | || organisation | miscellaneous provisions act, 1952 ( 19 of 1952) | || 7 | the central registrar, | any scheme or an arrangement for acceptance of || multi-state co- | deposits from voting members by a multi-state | || operative societies | co-operative society registered under the multi-state | || co-operative societies act, 2002 (39 of 2002) | | || | | (1) | (2) | (3) ||----------------------------------------------------|-------------------------------------------------------|-----------------------------------------------------|-------|-------------------------------------------------------|| 8 | the ministry of | ( | i | ) deposits accepted or permitted under the provisions || corporate affairs, | of chapter v of the companies act, 2013 (18 of 2013) | | | || government of india | | | | || ( | ii | ) any scheme or an arrangement under which deposits | | || are accepted by a company declared as a nidhi or a | | | | || mutual benefit society under section 406 of the | | | | || companies act, 2013 (18 of 2013) | | | | |(2) the following shall also be treated as regulated deposit schemes under this act, namely:—(a) deposits accepted under any scheme or an arrangement registered with any regulatory body in india constituted or established under a statute; and(b) any other scheme as may be notified by the central government under this act the second schedule (see section 42) amendments to certain enactments part i amendment to the reserve bank of india act, 1934in the reserve bank of india act, 1934, in section 45-i, in clause (bb), after explanation ii, the following explanation shall be inserted, namely:—amendment of section 45-i of act 2 of 1934"explanation iii—the amounts accepted by a co-operative society from the members or shareholders, by whatever name called, but excluding the amounts received as share capital, shall be deemed to be deposits for the purposes of this clause, if such members or shareholders are nominal or associate members, by whatever name called, who do not have full voting rights in the meetings of such co-operative society" part ii amendments to the securities and exchange board of india act, 1992in the securities and exchange board of india act, 1992,—amendment of section 11 of act 15 of 1992(i) in section 11, in sub-section (4), for clause (e), the following clause shall be substituted, namely:—"(e) attach, for a period not exceeding ninety days, bank accounts or other property of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder:provided that the board shall, within ninety days of the said attachment, obtain confirmation of the said attachment from the special court, established under section 26a, having jurisdiction and on such confirmation, such attachment shall continue during the pendency of the aforesaid proceedings and on conclusion of the said proceedings, the provisions of section 28a shall apply:provided further that only property, bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder shall be allowed to be attached"; (ii) in section 28a, after explanation 3, the following explanation shall be inserted, namely:—43 of 1961"explanation 4—the interest referred to in section 220 of the income-tax act, 1961 shall commence from the date the amount became payable by the person" part iii amendment to the multi-state co-operative societies act, 2002in the multi-state co-operative societies act, 2002, in section 67, in sub-section (1),—amendment of section 67 of act 39 of 2002(a) after the words "receive deposits", the words "from its voting members"shall be inserted;(b) the following explanation shall be inserted, namely:—"explanation—for the removal of doubts, it is hereby clarified that a multi-state co-operative society shall not be entitled to receive deposits from persons other than voting members" statement of objects and reasonsnon-banking entities are allowed to raise deposits from the public under the provisions of various statutes enacted by the central government and the state governments however, the regulatory framework for deposit taking activity in the country is not seamless the regulators operate in well defined areas within the financial sector by regulating particular kinds of entities or activities for instance, non-banking financial companies are under the regulatory and supervisory jurisdiction of the reserve bank of india similarly chit funds, money circulation including multi-level marketing schemes and schemes offered by co-operative societies are under the domain of the respective state governments in the same manner, the collective investment schemes come under the purview of the securities and exchange board of india despite such diverse regulatory framework, schemes and arrangements leading to unauthorised collection of money and deposits fraudulently, by inducing public to invest in uncertain schemes promising high returns or other benefits, are still operating in the society2 the central legislations such as the prize chits and money circulation schemes(banning) act, 1978 and the chit funds act, 1982 and the legislations enacted by the state governments have not been able to completely address the issue of unregulated deposit schemes run by unscrupulous elements this regulatory gap was highlighted in the twenty-first report of the parliamentary related standing committee on finance (sixteenth lok sabha) titled as "efficacy of regulation of collective investment schemes, chit funds, etc" the said committee in its report has recommended the requirement of "appropriate legislative provisions, coupled with effective administrative and enforcement measures in order to protect the hard-earned savings and investments made by millions of people" presently, there are considerable variations among state laws in protecting the interests of depositors, and many unregulated deposit taking schemes operate across state boundaries3 in view of the above, it becomes necessary to have a central legislation to ensure a comprehensive ban on unregulated deposit taking activity and for its effective enforcement the banning of unregulated deposit schemes bill, 2018 was introduced in the lok sabha on 18th july, 2018 the said bill was referred to the standing committee on finance on 10th august, 2018 for examination and report thereon the bill alongwith the amendments as recommended by the said standing committee was considered and passed in the sixteenth lok sabha on 13th february, 2019 however, the bill could not be considered and passed in the rajya sabha since, it was extremely critical to tackle the menace of illicit deposit taking activities in the country, the banning of unregulated deposit schemes ordinance, 2019 was promulgated by the president on 21st february, 2019 it is now required to replace the banning of unregulated deposit schemes ordinance, 2019 with an act of parliament 4 the proposed bill, namely, the banning of unregulated deposit schemes bill,2019, aims to prevent such unregulated deposit schemes or arrangements at their inception and at the same time makes soliciting, inviting or accepting deposits pursuant to an unregulated deposit scheme as a punishable offence the bill seeks to put in place a mechanism by which the depositors can be repaid without delay by attaching the assets of the defaulting establishments the bill also provides that its provisions will not apply to deposits taken in the ordinary course of business in order to ensure that various entities are able to take deposits in their ordinary course of business without any difficulty the bill ensures that no hardship is caused to genuine businesses, or to individuals borrowing money from their relatives or friends for personal reasons or to tide over a crisis5 the banning of unregulated deposit schemes bill, 2019, which seeks to replace the banning of unregulated deposit schemes ordinance, 2019, inter alia, provides for the following, namely:––(i) to make a provision for banning of unregulated deposit schemes; (ii) to impose an obligation on the deposit taker, pursuant to a regulated depositscheme, not to commit any fraudulent default in the repayment or return of the deposit;(iii) to provide for deterrent punishment for promoting or operating anunregulated deposit taking scheme;(iv) to provide for punishment for fraudulent default in repayment to depositors; (v) designation of a competent authority by the state government to ensurerepayment of deposits in the event of default by a deposit taking establishment;(vi) to constitute the designated courts for such area or areas or such case or cases as per the provisions of the proposed bill;(vii) to empower the central government to designate an authority which shall create, maintain and operate an online database for information on deposit takers operating in india; and(viii) to confer powers and functions upon the competent authority including the power to attach assets of a defaulting establishment 6 as the parliament was not in session and an immediate legislation was required to be made, the president promulgated the banning of unregulated deposit schemes ordinance, 2019 (ord 7 of 2019) on the 21st day of february, 20197 the notes on clauses explain in detail the provisions contained in the bill 8 the bill seeks to replace the aforesaid ordinancenew delhi;nirmala sitharamanthe 12th july, 2019 notes on clausesclause 1—this clause relates to short title, extent and commencement of the proposed legislationclause 2—this clause contains the definition of various expressions used in the proposed legislationclause 3—this clause relates to banning of unregulated deposit schemes this clause provides that on and from the date of commencement of this act, the unregulated deposit schemes shall be banned and no deposit taker shall, directly or indirectly, promote, operate, issue any advertisement soliciting participation or enrolment in or accept deposits in pursuance of an unregulated deposit schemeclause 4—this clause relates to fraudulent default in regulated deposit schemes this clause provides that no deposit taker, while accepting deposits pursuant to a regulated deposit scheme, shall commit any fraudulent default in the repayment or return of deposit on maturity or in rendering any specified service promised against such depositclause 5—this clause provides for the wrongful inducement in relation to unregulated deposit schemesthis clause provides that no person shall knowingly make any statement, promise or forecast which is false, deceptive or misleading in material facts or deliberately conceal any material facts, to induce another person to invest in, or become a member or participant of any unregulated deposit schemeclause 6—this clause relates to certain schemes to be unregulated deposit schemes this clause provides that a prize chit or a money circulation scheme banned under the provisions of the prize chits and money circulation scheme (banning) act, 1978 shall be deemed to be an unregulated deposit scheme under this actclause 7—this clause relates to the competent authority sub-clause (1) of this clause provides that the appropriate government shall, by notification, appoint one or more officers not below the rank of secretary to that government, as the competent authority for the purposes of this actsub-clause (2) of this clause provides that the appropriate government may appoint other officers to assist the competent authoritysub-clause (3) of this clause provides that the competent authority has been empowered to provisionally attach the money or property of any deposit takersub-clauses (4), (5), (6), (7) and (8) of this clause provides for provisions to confer such powers on the competent authority and its officers as may be necessary to carry out the provisions of this billclause 8—this clause relates to the designated court sub-clause (1) of this clause enables the appropriate government, with concurrence of the chief justice of the respective high court, to constitute one or more designated courts for trying offences under this bill the designated court must be presided by a judge not below the rank of district and sessions judge or additional district sessions judgesub-clause (2) of this clause provides that no court other than the designated court shall have jurisdiction in respect of any matter to which the provisions of this act applysub-clause (3) of this clause provides that when trying an offence under this act, the designated court may also try an offence, other than an offence under this act, with which the accused may, under the code of criminal procedure, 1973, be charged at the same trialclause 9—this clause relates to central database sub-clause (1) of this clause provides that the central government may designate an authority which shall create, maintain and operate an online database for information on deposit takers operating in indiasub-clause (2) of this clause provides that the authority designated under sub-section (1) may require any regulator or the competent authority to share such information on deposit takers, as may be prescribedclause 10—this clause relates to intimation of business by deposit taker sub-clause (1) of this clause provides that every deposit taker which commences or carries on its business as such on or after the commencement of this act shall intimate the authority referred to in sub-clause (1) of clause 9 about its business in such form and manner and within such time, as may be prescribedsub-clause (2) of this clause provides that the competent authority may, if it has reason to believe that the deposits are being solicited or accepted pursuant to an unregulated deposit scheme, direct any deposit taker to furnish such statements, information or particulars, as it considers necessary, relating to or connected with the deposits received by such deposit takerclause 11—this clause relates to the information to be shared sub-clause (1) of this clause provides that the competent authority shall share all information received under clause 29 with the central bureau of investigation and with the authority which may be designated by the central government under clause 9sub-clause (2) of this clause provides that the appropriate government, any regulator, income-tax authorities or any other investigation agency, having any information or documents in respect of the offence investigated under this act by the police or the central bureau of investigation, shall share all such information or documents with the police or the central bureau of investigationsub-clause (3) of this clause provides that where the principal officer of any banking company, a corresponding new bank, the state bank of india, a subsidiary bank, a regional rural bank, a co-operative bank or a multi-state co-operative bank has reason to believe that any client is a deposit taker and is acting in contravention to the provisions of this act, he shall forthwith inform the same to the competent authority clause 12—this clause relates to the priority of depositors' claimthis clause provides that save as otherwise provided in the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, any amount due to depositors from a deposit taker shall be paid in priority over all other debts and all revenues, taxes, cesses and other rates payable to the appropriate government or the local authority clause 13—this clause relates to precedence of attachmentsub-clause (1) of this clause provides that save as otherwise provided in the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 or the insolvency and bankruptcy code, 2016, an order of provisional attachment passed by the competent authority, shall have precedence and priority, to the extent of the claims of the depositors, over any other attachment by any authority competent to attach property for repayment of any debts, revenues, taxes, cesses and other rates payable to the appropriate government or the local authoritysub-clause (2) of this clause provides that where an order of provisional attachment has been passed by the competent authority and such attachment shall continue until an order is passed under sub-clause (3) or sub-clause (5) of clause 15 by the designated court and all the attached money or property of the deposit taker and the persons mentioned therein shall vest in the competent authority and shall remain so vested till further order of the designated courtsub-clause (3) of this clause provides that the competent authority shall open an account in a scheduled bank for the purpose of crediting and dealing with the money realised under this act, which shall not be utilised except under the instructions of the designated courtsub-clause (4) of this clause provides that the competent authority shall not dispose of or alienate the property or money attached except in accordance with the order of the designated court under sub-clause (3) or sub-clause (5) of clause 15sub-clause (5) of this clause provides that notwithstanding anything contained in sub-section (4), the competent authority may, if it thinks it expedient, order the immediate sale of perishable items or assets, and the proceeds of the sale shall be utilised in the same manner as provided for other propertyclause 14—this clause relates to application for confirmation of attachment and sale of propertysub-clause (1) of this clause provides that the competent authority shall, within a period of thirty days, which may extend up to sixty days, for reasons to be recorded in writing, from the date of the order of provisional attachment, file an application with such particulars as may be prescribed, before the designated court for making the provisional attachment absolute, and for permission to sell the property so attached by public auction or, if necessary, by private salesub-clause (2) of this clause provides that in case where the money or property has been attached on the permission granted by a designated court in another state or union territory, the application for confirmation of such attachment shall be filed in that court clause 15—this clause relates to confirmation of attachment by designated courtsub-clause (1) of this clause provides that the designated court to issue notice to the deposit taker or any other person whose property is attached under clause 14 to show cause within 30 days as to why the attachment should not be made absolutesub-clause (2) of this clause provides that this clause requires the designated court to issue notice to all other persons, in addition to the persons referred to in sub-clause (1), represented to it as having or likely to have a claim or interest in the title of the propertysub-clause (3) of this clause provides that the designated court after following the procedure prescribed can confirm, vary or cancel the attachment further, on confirming the attachment, the designated court can direct the competent authority to sell the property attachedsub-clause (4) of this clause provides that this provision prohibits the designated court from releasing from attachment any property unless it is satisfied that the deposit taker or any other person referred to in sub-clause (1) has interest in such property and there will remain under attachment an amount or property sufficient for repaymentsub-clause (5) of this clause provides that this clause requires the designated court to pass any order necessary for equitable distribution among the depositors of the money attached or realised out of the salesub-clause (6) of this clause provides that this clause sets a timeline of 180 days, from the date of receipt of application under sub-clause (1), for completion of proceedingsclause 16—this clause relates to attachment of property of mala fide transferees sub-clause (1) of this clause provides that where the designated court is satisfied that there is a reasonable cause for believing that the deposit taker has transferred any property otherwise than in good faith and not for commensurate consideration, it may, by notice, require any transferee of such property, whether or not he received the property directly from the said deposit taker, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attachedsub-clause (2) of this clause provides that where the said transferee does not appear and show cause on the specified date or where the designated court is satisfied that the transfer of the property to the said transferee was not a bona fide transfer and not for commensurate consideration, it shall order the attachment of so much of the said transferee's property as in its opinion is equivalent to the proper value of the property transferredclause 17—this clause relates to the payment in lieu of attachment sub-clause (1) of this clause provides that any deposit taker or a person referred to in sub-section (1) of section 15, or transferee referred to in section 16 whose property is about to be attached or has been provisionally attached under this act, may, at any time before the confirmation of attachment, apply to the designated court for permission to deposit the fair value of the property in lieu of attachmentsub-clause (2) of this clause provides that while allowing the deposit taker or person or transferee referred to in sub-clause (1) to make the deposit under the said sub-clause, the designated court may order such deposit taker or person or transferee to pay any sum towards costs as may be applicableclause 18—this clause relates to the powers of designated court sub-clause (1) of this clause lays down all the steps that the designated court is empowered to take to ensure that the interest of depositors is adequately protectedsub-clause (2) of this clause empowers the designated court to make orders for the provision of essential sums from the attached property to the deposit taker and to safeguard as far as practicable any business affected by such attachmentclause 19—this clause relates to the appeal to high court this clause provides the time period within which an appeal may be filed against an order of the designated court any person, including the competent authority may appeal to the high court against an order of the designated court, within 60 days of such orderclause 20—this clause relates to the power of supreme court to transfer cases sub-clause (1) of this clause empowers the supreme court to direct that a particular case be transferred from one designated court to another in the event of default in any deposit scheme or deposit schemes of the nature referred to in clause 30sub-clause (2) of this clause provides that the supreme court is empowered to act under sub-clause (1) only on the basis of an application filed by the competent authority or an interested partysub-clause (3) of this clause provides that where an application for the exercise of the powers conferred by this section is dismissed, the supreme court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding fifty thousand rupees as it may consider appropriate in the circumstances of the caseclause 21—this clause relates to the punishment for contravention of clause 3 sub-clause (1) of this clause provides that for soliciting deposits in contravention of clause 3, a deposit taker is punishable with imprisonment for a minimum term of one year which may extend to five years, and with fine which shall not be less than two lakh rupees and may extend to ten lakh rupeessub-clause (2) of this clause provides that for accepting deposits in contravention of clause 3, a deposit taker is punishable with imprisonment for a minimum term of two years which may extend to seven years, and with fine which shall not be less than three lakh rupees and may extend to ten lakh rupeessub-clause (3) of this clause provides that for accepting deposits in contravention of clause 3 and committing fraudulent default in repayment, a deposit taker is punishable with imprisonment for a minimum term of three years which may extend to ten years and a fine which shall not be less than five lakh rupees which may extend to twice the amount of aggregate funds collected from the subscribers, members or participants in such schemes or arrangementsclause 22—this clause relates to the punishment for contravention of clause 4 the punishment prescribed for contravention of clause 4 is imprisonment which may extend to seven years or a fine which shall not be less than five lakh rupees but which may extend to twenty-five crore rupees or three times the amount of profits made out of such fraudulent default, whichever is higher, or with bothclause 23—this clause relates to the punishment for contravention of clause 5 the punishment prescribed for contravention of clause 10 is imprisonment for a minimum term of one year which may extend to five years and with fine which may extend to ten lakh rupeesclause 24—this clause relates to the punishment for repeat offenders this clause provides for a higher and more stringent punishment for repeat offenders who commit an offence after having previously been convicted for an offence under this legislation, except for an offence under clause 26 a repeat offender, under this clause, shall be punishable with imprisonment for a minimum term of five years which may extend to ten years and a fine which shall not be less than ten lakh rupees and which may extend to fifty crore rupees clause 25—this clause relates to offences by deposit takers other than individualssub-clause (1) of this clause provides for imposition of liability in case an offence under the act has been committed by an entity other than an individual this sub-clause imposes liability on every person who is "in charge of, and was responsible to, the deposit taker for the conduct of the business of the company"sub-clause (2) of this clause provides that nothing contained in sub-clause (1) shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offencesub-clause (3) of this clause provides for holding liable any director, manager, secretary, promoter, partner, employee or other officer of the deposit taker when it is proved that an offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of such person clause 26—this clause relates to punishment for contravention of clause 10this clause provides that whoever fails to give the intimation required under sub-clause (1) of clause 10 or fails to furnish any such statements, information or particulars as required under sub-clause (2) of that clause, shall be punishable with fine which may extend to five lakh rupees clause 27—this clause relates to cognizance of offencesthis clause provides that notwithstanding anything contained in clause 4, no designated court shall take cognizance of an offence punishable under that section except upon a complaint made by the regulator, provided that the provisions of clause 4 and this section shall not apply in relation to a deposit taker which is a companyclause 28—this clause relates to offences to be cognizable and non-bailable this clause provides that notwithstanding anything contained in the code of criminal procedure, 1973 every offence punishable under this act, except the offence under clause 22 and clause 26, shall be cognizable and non-bailableclause 29—this clause relates to competent authority to be informed of offences this clause provides that the police officer shall, on recording information about the commission of an offence under this act, inform the same to the competent authorityclause 30—this clause relates to investigation of offences by central bureau of investigationsub-clause (1) of this clause provides that the competent authority has the power to refer a case for investigation by the central bureau of investigation if the two conditions prescribed in sub-clauses (a) and (b) are metsub-clause (2) of this clause provides that the reference under sub-clause (1) is deemed to be with the consent of the state government under clause 6 of the delhi special police establishment act, 1946sub-clause (3) of this clause provides that on the receipt of the reference under sub-clause (1), the central government may transfer the investigation of the offence to the central bureau of investigation under clause 5 of the delhi special police establishment act, 1946clause 31—this clause relates to power to enter, search and seize without warrant sub-clause (1) of this clause empowers a police officer, not below the rank of an officer-in-charge of a police station, and with the written authorisation of an officer not below the rank of superintendent of police, to enter and search any building, conveyance or place, in accordance with the procedure mentioned in the said sub-clausesub-clause (2) of this clause provides for freezing such property, account, deposits or valuable securities maintained by any deposit taker about which a complaint has been made or credible information has been received or a reasonable suspicion exists of their having been connected with the promotion or conduct of any deposit taking scheme or arrangement in contravention of the provisions of this actsub-clause (3) of this clause provides for situations where an officer takes down any information or makes any order in writing under any of the preceding sub-clauses the officer is mandated to send a copy of the information taken down or the order made to the designated court within seventy-two hours in a sealed envelope the owner or occupier of the place shall be furnished a copy of such information or order, free of cost, upon an application made by them in this regardsub-clause (4) of this clause clarifies that the provisions of the code of criminal procedure, 1973 shall apply to any search, seizure or arrest made under this sectionclause 32—this clause relates to application of the code of criminal procedure,1973 to proceedings before designated courtsub-clause (1) of this clause provides that the designated court may take cognizance of offences under this act even without the accused being committed for trial the intended effect of this sub-clause is to ensure speedy and expeditious disposal of cases under the actsub-clause (2) of this clause clarifies that the provisions of the code of criminal procedure, 1973 shall apply to all arrests, searches and seizures and to all the proceedings under this bill, and that the designated court shall be deemed to be a court of session and a person conducting prosecution before such court would be a public prosecutorclause 33—this clause relates to publication of advertisement of unregulated deposit schemethis clause provides that any newspaper or publication containing material or advertisement relating to an unregulated deposit scheme may be directed by the state government to publish a full and fair retraction of the material or advertisement free of cost it also provides that the retraction should be published in the same manner and in the same position as the alleged material or advertisement on unregulated deposit schemeclause 34—this clause relates to this act to have overriding effect this clause provides that save as otherwise expressly provided in this act, the provisions of this act shall have effect notwithstanding anything contained in any other law for the time being in force, including any law made by any state or union territoryclause 35—this clause relates to application of other laws not barred this clause provides that the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in forceclause 36—this clause relates to protection of action taken in good faith this clause provides that no suit, prosecution or other legal proceedings shall lie against the appropriate government or the competent authority or any officer of the appropriate government for anything which is in good faith done or intended to be done under this act or the rules made thereunderclause 37—this clause relates to power of central government to make rules this clause empowers the central government to make rules for carrying out the provisions of the proposed legislationclause 38—this clause relates to power of state government, etc, to make rules this clause empowers the respective state governments to make rules for carrying out the provisions of the proposed legislationclause 39—this clause relates to laying of rules this clause provides for laying of the rules by the central government and state government in the respective legislatureclause 40—this clause relates to power to remove difficultiesthis clause empowers the central government to make such provisions and issue clarifications as may be required for the proper and effective functioning of the bill this is a time-bound provision and the central government cannot take such measures for removal of difficulties after the expiry of three years from the commencement of this billclause 41—this clause relates to power to amend first schedule this clause allows the central government to add or omit from first schedule any scheme or arrangement by notificationclause 42—this clause relates to this act not to apply to certain deposits this clause provides that the provisions of this act shall not apply to deposits taken in the ordinary course of businessclause 43—this clause relates to amendment to certain enactments this clause provides that the enactments listed in the second schedule will stand amended in the manner prescribed in the scheduleclause 44—this clause relates to repeal and savingthis clause provides for the repeal of the banning of unregulated deposit schemes ordinance, 2019 and to save the actions done during the operation of the said ordinance financial memorandumthe bill has no financial implications and does not involve any expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 37 of the bill empowers the central government to make rules for carrying out the provisions of the act the matters in respect of which the rules may be made, inter alia, include (a) the information and other particulars to be taken into consideration before issuing an order, and the manner of attachment, under sub-section (3) of section 7;(b) information to be shared under sub-section (2) of section 9; (c) the form and manner in which and the time within which the intimation shall be given under sub-section (1) of section 10; (d) the particulars contained in the application to be filed by the competent authority before the designated court under sub-section (1) of section 14; (e) the procedure to be adopted by the designated court before issuing an order under sub-section (3) of section 15; and (f) the manner of publication of advertisement under section 33clause 38 of the bill empowers the state government to make rules, in consultation with the central government, for carrying out the provisions of the act the matters in respect of which the rules may be made, inter alia, include (a) the ceiling for self-help groups under clause (j) of sub-section (4) of section 2; (b) ceiling and purpose of collection of other amounts which will not be classified as deposits for the purposes of this legislation, under clause (k) of sub-section (4) of section 2; (c) the manner of provisional attachment of property by the competent authority under sub-section (3) of section 7; (d) powers of the competent authority under clause (f) of sub-section (4) of section 7; and (e) rules relating to impounding and custody of records under sub-section (8) of section 7clause 41 empowers the central government to add or omit schemes or arrangement to or from the list of regulated deposit schemes specified in the first schedule of the proposed legislationthe matters in respect of which rules may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extract from the securities and exchange board of india act, 1992 (15 of 1992) chapter iv powers and functions of the board11 (1) functions of board(4) without prejudice to the provisions contained in sub-sections (1), (2), (2a) and (3)and section 11b, the board may, by an order, for reasons to be recorded in writing, in the interests of investors or securities market, take any of the following measures, either pending investigation or inquiry or on completion of such investigation or inquiry, namely:— (e) attach, after passing of an order on an application made for approval by the judicial magistrate of the first class having jurisdiction, for a period not exceeding one month, one or more bank account or accounts of any intermediary or any person associated with the securities market in any manner involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder:provided that only the bank account or accounts or any transaction entered therein, so far as it relates to the proceeds actually involved in violation of any of the provisions of this act, or the rules or the regulations made thereunder shall be allowed to be attached; ————— extract from the multi-state co-operative societies act, 2002 (39 of 2002) restrictions on borrowing67 (1) a multi-state co-operative society may receive deposits, raise loans and receive grants from external sources to such extent and under such conditions as may be specified in the bye-laws:provided that the total amount of deposits and loans received during any financial year shall not exceed ten times of the sum of subscribed share capital and accumulated reserves:provided further that while calculating the total sum of subscribed share capital and accumulated reserves, the accumulated losses shall be deducted ———— a billto provide for a comprehensive mechanism to ban the unregulated deposit schemes, other than deposits taken in the ordinary course of business, and to protect the interest of depositors and for matters connected therewith or incidental thereto———— the banning of unregulated deposit schemes bill, 2019 [to be/as introduced in lok sabha]1page 17,-against "state government or union territory government" in column 1 insert "4"2page 17, in column 1,-for"4"read "5"3page 17, in column 1,-for"5"read "6"4page 17, in column 1,-for"6"read "7"5page 17, in column 1,-for"7"read "8"6page 18, in column 1,-for"8"read "9"new delhi;july 17, 2019______ ashadha 26, 1941 (saka) | Parliament_bills | ff490a73-e7a7-56a8-9fdc-0b3442aac128 |
bill no xxxi of 2016 the solid waste management bill, 2016 a billto provide for the segregation and re-cycling of municipal solid waste, use of re-cyclable waste in waste-energy plants for generation of energy and transportation of non-recyclable waste into landfills and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the solid waste management act, 2016short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir5(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;10(b) "large manufacturing facility" means any manufacturing facility with aninvestment of more than rupees twenty crore;(c) "municipal authority" means municipal corporation, municipal committee, municipality, nagar palika, nagar nigam, nagar panchayat, municipal council including notified area committee or any other local body constituted under the relevent statutes and entrusted with the responsibility of management and handling of municipal solid wastes;5(d) "segregation" means separation of municipal solid wastes into organic, inorganic, bio-degradable, non-biodegradable, recyclable and non-recyclable waste and hazardous wastes;10(e) "waste-energy plants" means plants where solid waste is treated using different techniques to produce any form of energy; and(f) "waste generating unit" means any entity, household or large manufacturing facility where waste is generated and which require waste disposal3 (1) the appropriate govt shall ensure that every waste generating unit within its jurisdiction segregates waste before its disposal15duty of waste generating unit and large manufacturing facility(2) in case of large manufacturing facility, the owner or the in-charge of the facility shall, as the case may be—(a) ensure that the waste is segregated, re-used and re-cycled at source;and20(b) undertake transportation of re-cyclable waste to waste-energy plants and the non-recyclable and non-biodegradable waste to the notified landfills, as the case may be(3) the appropriate govt shall ensure that the waste generating units are liable to pay for the waste generated by them that is sent to the landfills on the basis of the weight of the waste in such manner as may be prescribed254 every appropriate govt shall ensure that it is the duty of the municipal authority to —duty of the municipal authority(a) collect the segregated waste from the waste generating units;30(b) ensure that the segregated waste collected and transported is not mixed with any other waste or any material, to the extent that mixing would hamper its re-use, re-cycle, further treatment or its use in waste-energy plants;(c) undertake treatment of organic waste through bio-degradation such as vermin composting, mechanical composting, by window method or any other suitable method as approved by the central pollution control board or the state pollution control board, as the case may be; and35(d) transport the non-recyclable waste, non-biodegradable waste to the notified landfillspenalty5 whoever violates the provisions of this act shall be punished with imprisonmentfor a term which may extend up to three months and fine which may extend up to rupees twenty thousand406 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 funds7 the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in forceact not in derogation of any other lawpower to make rules8 (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 reasonsit is estimated that more than ten lakh tonnes of waste is generated in our country the waste is largely composed of metals, plastics, paper, food, glass and presently majority of the waste is sent to the landfills with only a portion being used in waste-energy plants or recycled or reused waste can instead be used as an alternative to the depleting petroleum products and it would also keep the environment safe and cleanthe bill seeks to ensure that waste from landfills is segregated and recycled, reused as input to waste-energy projects non-recyclable wastes and hazardous wastes can be dumped in the notified landfills proper handling and disposal of municipal waste could result in generating employment and serve as an opportunity for entrepreneurs in the waste-energy sector in various countries there are laws for proper disposal of wasteshence this billdr t subbarami reddy financial memorandumclause 4 of the bill provides for certain steps to be taken by the municipal authorities for collection of segregated municipal solid waste, transportation of recyclable waste to waste-energy plants and non-recyclable wastes to the notified landfills clause 6 provides that the central government shall provide adequate funds for carrying out the purposes of this act this bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees four hundred crore per annum would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees two hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of details only, the delegation of legislation power is of a normal character———— a billto provide for the segregation and re-cycling of municipal solid waste, use of re-cyclable waste in waste-energy plants for generation of energy and transportation of non-recyclable waste into landfills and for matters connected therewith or incidental thereto————(dr t subbarami reddy, mp)gmgipmrnd—2256rs(s3)—05082016 | Parliament_bills | c22baa34-1539-5853-a41a-cefe38358113 |
bill no 82 of 2022 the appropriation (no 2) bill, 2022 a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 2019, in excess of the amounts granted for those services and for that year be it enacted by parliament in the seventy-third year of the republic of india as follows:—1 this act may be called the appropriation (no 2) act, 2022short title52 from and out of the consolidated fund of india, the sums specified in column3 of the schedule, amounting in the aggregate to the sum of five thousand two hundred four crore fifty-seven lakh thirty-five thousand one hundred sixty-three rupees shall be deemed to have been authorised to be paid and applied to meet the amounts spent for defraying the charges in respect of the services specified in column 2 of the schedule during the financial year ended on the 31st day of march, 2019, in excess of the amounts granted for those services and for that year10issue of rs 5204,57,35,163 out of the consolidated fund of india to meet certain excess expenditure for the year ended on the 31st march, 2019 appropriation3 the sums deemed to have been authorised to be paid and applied from and out of the consolidated fund of india under this act shall be deemed to have been appropriated for the services and purposes expressed in the schedule in relation to the financial year ended on the 31st day of march, 2019 the schedule(see sections 2 and 3) 1 23no ofservices and purposesexcessvotevoted portionchargedtotalportionrsrsrs56ministry of housing and urban affairs revenue 22,43,039 22,43,03920defence services revenue3841,32,51,6413841,32,51,64121capital outlay on defence services capital1257,28,88,4821257,28,88,48280ministry of railways capital105,73,52,001105,73,52,001total :5098,61,40,123105,95,95,0405204,57,35,163 statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure incurred in excess of the grants made by the lok sabha for expenditure of the central government, for the financial year ended 31st day of march, 2019nirmala sitharaman———— president's recommendation under article 117 of the constitution of india————[f no 7(2)-b(sd)/2021, dated 1132022 from smt nirmala sitharaman, minister of finance to the secretary-general, lok sabha]the president having been informed of the subject matter of the proposed bill to provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 2019, in excess of the amounts granted for the said services and for that year recommended under clauses (1) and (3) of article 117 of the constitution, read with clause (2) of article 115 thereof, the introduction of the appropriation (no 2) bill, 2022, in lok sabha and also recommends to lok sabha the consideration of the bill———————— a billto provide for the authorisation of appropriation of moneys out of the consolidated fund of india to meet the amounts spent on certain services during the financial year ended on the 31st day of march, 2019, in excess of the amounts granted for those services and for that year————(smt nirmala sitharaman, minister of finance)mgipmrnd—2227ls(s3)—11-03-2022 | Parliament_bills | 4f8cc4a4-9cfa-5743-b6d3-d75d218fd0a7 |
bill no 120 of 2014 the provision of compensation to farmers affected by natural calamities bill, 2014 by shri chandrakant khaire, mp a billto provide for payment of compensation to farmers affected by natural calamities and for matters connected therewithbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title and extent1 (1) this act may be called the provision of compensation to farmers affected by natural calamities act, 2014(2) it extends to the whole of india2 in this act, unless the context otherwise requires,—definitions5(a) "appropriate government" means in case of a state, the government of thatstate and in all other cases, the central government;(b) "farmer" means a person who owns agricultural land not exceeding ten acresand includes a share cropper or a person who cultivates land belonging to other under the tenancy system;5 10formulation of comprehensive insurance scheme by the central government15survey of district affected by natural calamity202530payment of compensation to farmers by insurance companies35(c) "natural calamity" includes drought, flood, cyclone, hailstorm, landslide, cloud burst, tsunami, earthquake or fire especially in forest and adjacent areas or such other conditions as may be notified by the appropriate government from time to time; and(d) "prescribed" means prescribed by rules made under this act3 (1) the central government shall formulate a comprehensive insurance scheme providing for insurance cover against natural calamities to standing crops, agricultural equipments and other related accessories or items required by farmers for carrying out agricultural operations(2) the insurance scheme shall be implemented and monitored by such public sector insurance company, as the central government may deem appropriate(3) all expenditure incurred in implementing and monitoring the scheme shall be borne by the central government4 (1) whenever any district is affected by a natural calamity, the district collector concerned or such other officer, as the appropriate government may specify, shall cause to conduct a survey of the district and prepare a report on such survey within one month of the occurrence of the natural calamity(2) without prejudice to the generality of the foregoing provision, the report prepared under sub-section (1) shall include,—(a) such details, as may be prescribed, about the farmers who have been affected by natural calamity;(b) extent and estimate of loss or damage to crops due to natural calamity; (c) amount of loan taken by the farmers for raising the crop; and (d) extent and estimate of loss of agricultural equipments and other necessary accessories (3) the report prepared under sub-section (1) shall be forwarded by the district collector to the central government5 (1) the central government shall, on receipt of the report from the district collector, make its recommendations about the loss or damage in each case in such manner as may be prescribed and forward them to the insurance company entrusted under sub-section (2) of section 3 for implementing and monitoring the insurance scheme(2) the insurance company shall, within one month from the date of receipt of recommendation, pay such amount as compensation to the farmers as recommended by the central government6 the central government shall issue, from time to time, necessary directives to the insurance company, for carrying out the purposes of this actcentral government to issue directives to insurance companies7 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not to be in derogation of other laws power to make rules40458 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act(2) every rule made under this 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 reasonscrops are affected by natural calamities very often every year, the standing crops are destroyed due to either drought or heavy floods and farmers suffer in silence presently, there is drought like situation in several parts of the countryit is true that we have crop insurance scheme for farmers but it does not cover all types of crops against all natural calamities the insurance coverage is not comprehensive as it is based on premium amount and many factors are not taken into account while determining the loss suffered by farmers moreover, the crop insurance is not a statutory mechanismin view of the above, it is proposed to put in a place a permanent statutory mechanism to ensure that the farmers get their due compensation in the event of natural calamitieshence this billnew delhi;august 14, 2014chandrakant khaire ———— president's recommendation under article 117(3) of the constitution ————[copy of letter no 35-23/2014-dm(pt) dated 16 october, 2014 from shri radha mohan singh, minister of agriculture to the secretary-general, lok sabha]the president, having been informed of the subject matter of the provision of compensation to farmers affected by natural calamities bill, 2014 by shri chandrakant khaire, member of parliament, recommends to the house the consideration of the bill under article 117(3) of the constitution financial memorandumclause 3 of the bill provides that the central government shall formulate a comprehensive insurance scheme providing for insurance cover against natural calamities to standing crops, agricultural equipments required by farmers for carrying out agricultural operations it also provides that all expenditure incurred in implementing and monitoring the scheme shall be borne by the central government the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five hundred crore may be involved as recurring expenditure per annumno 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 the act as the rules will relate to matters of detail only, the delegation of legislative power is, of a normal character lok sabha————— a billto provide for payment of compensation to farmers affected by natural calamities and for matters connected therewith—————(shri chandrakant khaire, mp)gmgipmrnd—2381ls(s3)—05-11-2014 | Parliament_bills | 18042a51-c5ee-5415-af00-5e5ecfede8bc |
as introduced in the rajya sabhaon the 26th july, 2019 bill no xlix of 2018 the orphans (reservation of posts in government establishments and welfare) bill, 2018 a billto provide for reservation of posts in government establishments and formulation of welfare schemes and programmes for orphans and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth 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, appoint2 in this act, unless the context otherwise requires,—definitions5(a) "appointing authority", means the authority empowered in an establishment to make appoitment to service of post;(b) "appropriate government's means,—(i) in relation to the central government or any established wholly or substantially financed by that government, the central government;10(ii) in relation to a state government or any establishment, wholly or substantially financed by that government, or any local authority, the state government; (c) "establishment" means every body or authoirty founded, owned, controlled, managed or financed by the appropriate government and includes the following,—15(i) any body or authority established by or under a central act or a state act or an authority or a body owned or controlled or aided by the government or a local authority, or a government company as defined in section 2 of the companies act, 2013, and includes a department of the government; or18 of 2013(ii) any company or body corporate of association or body of individuals, firm, cooperative or other society, association, trust, agency or institution20(d) "group 'a' post" means a post which is classified as such by the president in exercise of the powers conferred by the proviso to aricle 309 of the constitution or by or under any act of parliament and includes an equivalent post in any establishment;(e) "orphan" means an individual who has lost both parents through death or disappearance, abandonment or desertation by, or separation;25(f) "prescribed" means prescribed by rules made under this act; (g) "scientific or technical post" includes, post for which qualification in natural sciences or exact sciences or applied sciences or technology are essential and the incumbent of such post shall have to use his or her knowledge in such sciences for discharge of duties30 chapter ii rules and regulations for reservations3 (1) the appropraite government shall reserve such percentage of posts for the orphans for appointment in civil services by direct recruitment and promotion, in such manner, as may be prescribed35reservation of posts for orphans appointment in civil services(2) the vacancy reserved for orphans under sub-section (1) shall be filled in such manner as may be prescribed4 (1) notwithstanding anything contained in section 3, there shall be no reservation where appointments are made—no reservations in certain cases(i) for a period of less than forty-five days;40(ii) for work charged post required for any emergency relief work; and (iii) to posts higher than the lowest grade of group 'a' posts and to posts classified as scientific or technical posts; (2) the central government may, by notification in the official gazette, include or omit any institution of national importance and indian institutes of management from the purview of this act and on the publication of the notification, such institution shall be deemed to be included in or as the case may be, omitted under this act(3) every notification issued under sub-section (2) shall be laid before each house of parliament55 notwithstanding the provision of section 3, appointment to an unreserved vacancy shall be open to all eligible persons including a person belonging to the orphan categoryappointment to unreserved vacancyrelaxations of age6 (1) the maximum age limit fixed for direct recruitment to a service or post shall beincreased by five years for the orphans10(2) the maximum age limit fixed for promotion to a post, if any, shall be increased by five years for the orphansprovided that no relaxation shall be available where the maximum age limit for promotion has been fixed above fifty yearsfees concession157 the examination fee or application fee, determined for recruitment to a service or post through competitive examination or otherwise, may be reduced to such extent for the orphans, as may be prescribed8 the vacancies reserved for the orphans shall be filled by the orphans onlyreserved vacancies to be filled by orphans only abolition of posts in an establishment9 where posts in an establishment are to be abolished and as a result thereof, the services of certain persons are required to be either surrendered or terminated, no such surrender or termination shall be made in respect of the orphans, if it results in lowering their representatioin in relation to the percentage of reservation fixed for them20 chapter iii measures by government10 the appropriate government shall take steps to secure full and effective participation of orphans and their inclusion in society which may include:measures to be taken by appropriate government25| ( ||-----------------------------------------------------------------------------------------|| of orphans, and facilitate their access to reservations as framed by that government by || issuing orphan certificate in such manner as may to prescribed |(ii) formulation of welfare schemes and programmes which are sensitive and non-discriminatory towards orphans30(iii) taking steps for the rescue, protection and rehabilitation of orphans to address the needs of such persons; and(iv) developing and organzing training programmes to advance the competence of the orphans for appointment to services and posts chapter iv obligation of establishments and other persons35appointment of a liaison officer11 (1) every establishment shall designate an officer of such rank, as may be prescribed, to function as a liaison officer for the purpose of ensuring that the provisions of this act or the rules made thereunder are not contravened40(2) the liaison officer shall, from time to time, inspect and verify the documents, records and reports with respect to appointments of the orphans made by the appointing authority by direct recruitment or promotion(3) where the liaision offier is satisifed that any establishment has contravened the provisions of this act or the rules made thereunder or any direction or instruction issued he shall submit a report of such contravention to the head of the establishment(4) on receipt of the report of contrventiion under sub-section (3), the head of establishment shall take such disciplinary action against the person responsible for such contravention as may be prescribed5maintenance of records by appointing authority12 every appointing authority, shall maintain documents and records, and furnish every year a report on the appointments of the orphans made by direct recruitment and promotion to the appropriate government in such manner and at such time, as may be prescribed chapter v10 offences and penalties13 whoever intentionally,—(i) makes a false claim that he is an orphan; orpenalties for false claim(ii) issues a false orphans certificate shall be liable for punishment for a term, which may extend to three years; and1514 where any person responsible for implementing the provisions of this act or the rules made thereunder, intentionally breaches any of such provisions, he shall be liable for disciplinary action under the service rules chapter vi miscellaneous2015 the provisions of this act shall be in addition to, and not derogation of, any other law for the time being in forceact to have overriding effect protection against legal proceedings16 no suit, prosecution or other legal proceeding shall lie against the appropriate government or any local authority or any officer of the government in respect of anything which is in good faith done or intended to be done in pursuance of the provisions of this act and any rules made thereunder25power to move rules17 (1) the appropriate government may, by notification, make rules for carrying out the provisions of this act(2) in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—30(a) the percentage of posts for reservation and the manner of reservation under sub-section (1) of section 3;(b) the manner of filling vacancies under sub-section (2) of section 3;(c) the extent of reduction in examination fee and application fee under section 7;(d) the rank of the officer to be designated as the liaison officer under sub-section (1) of section 11;35(e) the documents and records to be maintained and the time and manner of furnishing report under sub-section (1) of section 12;(f) any other matter which is required to be or may be prescribed40(3) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such45modification or annulment shall be without prejudice to the validity of anything previously done under that rule(4) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature statement of objects and reasonsas of 2017, india did not have an official figure on the number of orphans in this country the latest number is estimated around 20 million, based on a study carried out by the sos children's village faridabad based ngo by analyzing data from the national family health survey-3, in 2011 this vacuum is itself a testament to the treatment orphans facethough orphans have an identity while staying at orphanages, once they turn 18, society renders them useless without government identification, birth certificates, or residential proofs, it is almost impossible for them to access higher opportunities for education or employment therefore, it is important for the government to recognize orphans as socially and economically deprived groups and provide them with reservations additionally, given that india has the world's largest youth population it is imperative that the government, through job reservation, brings orphans one steps close towards empowerment and the youth of our country towards a brighter futurenaresh gujral financial memorandumclause 10 of the bill, inter alia, provides for formulation of welfare schemes and programmes for the orphans, rehabilitation of orphans and developing and organizing training programmes to advance the competence of the orphans for appointment to services and poststhe bill, if enacted, will involve expenditure from the consolidated fund of indiahowever, it is not possible at this stage as to the exact amount which is likely to be incurred towards recurring and non-recurring expenditure for the purpose memorandum regarding delegated legislationclause 17 of the bill empowers the appropriate government to make rules for carrying out the provisions of the billthe matters in respect of which rules may be made under the aforesaid provisions are 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———— a billto provide for reservation of posts in government establishments and formulation of welfare schemes and programmes for orphans and for matters connected therewith or incidental thereto————(shri naresh gujral, mp)mgipmrnd—2362rs(s3)—02-08-2019 | Parliament_bills | 1ae463e2-b0a5-557d-ba87-3403018fb22d |
the prize chits and money circulation schemes (banning) bill, 1978 l-to be/as ill troduced in ipk sabbaj1 page 6, in the marginal heading to clause 12,-t2r "transi tiona" read "trans1 tional" 2 page 6, line 37,-~ "of" ~ "or" 3 page 7, line 8,-!ql: "thousand" ~ "one thousand" 4 page 7, in the marginal heading to clause 14,-l2l: "repe al " ~ "rape al s " new delhi; may 12, 1978 vaisakha 22, 1900 ( saka) bill no 90 of ,\978 the prize chits and money circulation schemes (banning) bill, 1978 a billto ban the promotion or conduct of prize chits and money circulation schemes and for matters connected therewith or incidental thereto be it enacted by parliament in the twenty-ninth year of the republic of india,s,foll0w8: 1 (1) this act may be calied the j;>rize chits epd money circulation schemes (~g) act, 19'78 s (2) it ~ to the whole of india enept the state of jammu and short title, and extent kashmir 2 in this act unless the context otherwise requires - : definitions 10 (a) "conventional ahit" means a transaction whetbet- called chit chit fiind ku1i or 'by any other iwjle by or udder' which a person responsible tor the coilduct of the dlit ~ into an apeemedt with a speclfted number of persons that every one of 'them shall subsc(ribe a certain sum ofi money (or eert6in quantity of gram instead) by way of periodical ins~u18dts for - definite period ad that each such subscriber shall, in his tura, as determined by lot or by auction or by tender or in such other manner as may be provided for in the chit agreement, be en,tttied to a prize amount explanation-in this clause "prize amount" shall mean the amount, by whatever name called, arrived at by deducting from out of the total amount paid or payable at each instalment by all the 5 subscribers, (i) the commission charged as service charges as a promoter or a foreman or an agent; and (ii) any sum which a subscriber agrees to forego, from out of the total subscriptions of each instalment, in consideration of 10 the balance being paid to him; (b) "money" includes a cheque, postal order, demand draft, telegraphic transfer or money order; (c) "money circulation scheme" means any scheme, by whatever name called, for the making of quick or easy money, or for the re- 15 ceipt of any money or valuable thing as the consideration for a promise to pay money, on any event or contingency relative or applicable to the enrolment of members into the scheme, whether or not such money or thing is derived from the en~rance money of the members of such scheme or periodical subscriptions; 2c (d) "prescribed" means prescribed by rules made under this act; (e) "prize chit" includes any transaction or arrangement by whatever name called under which a person collects whether as a promoter, foreman, agent or in any other capacity, monies in one lump sum or in instalments by way of contributions or subscriptions 25 or by sale of units, cert:iftcates or other instruments or in any other manner or as membership fees or admission fees or service chargjes to or in respect of any savings, mutual benefit, thrift, or any other scheme or arrangement by whatever name called, and utilises the monies so collected or any part thereof or the income accruing from 30 investment or other use of such monies for au or any o~ the following purposes, namely: -' ";, (i) giving or awarding periodically or otherwije'toia-:apedfte4 number of subscri~ as d~j~rmine~ by lot, draw 0;1:' ~,my other manner, pr'izes'or lifts tii-c~h or iil' ':idnd~ whether', or not 1;11e 35 recipient of the prize or gift is under a liability 'to make any 'fur-, ~ paym,etlt in respect al such scheide'w arrangement; ,-j (ii) refunding to the subscrihers or such of them as have not won any, prize or gift, the· whole or pari of the' subsetiptmns, contributions or other monies collected, with or without any bonus, 40 ,~~;, premium,' 1n~ m- et~; ad~gw~byjw~~~n~~: callt:d, , n',' " on the termindondl the lieheme ot artan~~,nt, 6r' ~~ ,or: ~r ,,: ,;, the exptry cofuthe 'pertm ;m!iptfl8ted theftljl;:' , ;,r<, , ,(, , ' , ,: j j,~, ") :~~r ~) ,r\i,~; bui:~,;not iilcl~~ , cc?nved1ij~'~~'" :,,' i: ~ , , rlir" ' ' : (f); "beierve obldk" meatm tnie ,reserve' :blliilt o(indt~ ~9l~t1t~ted under}tbe' rete"" beak of ,it1dia 'a jet, 1994:" :',';\'" ,;'c' '-45 3 no person shall promote or ccmduct any prize chit or money circulation scheme, or enrol as a member to any such chit or scheme, or participate in it otherwise, or receive or remit any money in pursuance of such chit or scheme banning of prize chits and money circulation schemes or enrolment as members or participation therein 5 4 whoever contravenes the proviaions of section 3 shall be punishable with imprisonment for a tenn which may extend to three years, or with fine which ~ extend to five thousand rupees, or with both: provided that in the absence of special and adequate reasons tc the penalty for contravening the provisions of section 3 j 0 contrary to be mentioned in the judgment of the court, the imprisonment shall not be j,ess than one year and the fine shall not be less than one thousand rupees 5 whoever, with a view to the promotion or conduct of any prize chit or money circulation scheme in contravention of the provisions of this act or in connection with any chit r:yr scheme promoted or conducted as 15 aforesaid,-(a) prints or publishes any ticket, coupon or other document for use in the prize chit or money cir~tion scheme; or (b) sells or distributes or offers or advertises for sale or distribution, or has in his possession for the purpose of sale or distribution 20 any ticket, coupon or other document for use in the prize chit or money circulation scheme; or penalty for other offences in connection with prize chits or money circulation schemes (c) prints, publishes or distributes, or has in his possession for the purpose of publication or distiibution-(i) any advertisement of the prize chit or money circulation scheme; or (ii) any list, whether, complete or ,not, of members in the prize chit or money circulation scheme; or 30 (iii) any such,' matter descriptive of, or otherwise relating to the prize chit or money circulation scheme, as is calculated 10 aet;' as an tndueement to persons to participate in that prize chit or money circulation scheme or any other prize chit or money circulation scheme; or (d) brillgs, or inviteg any -person to send, for ·the purpose of sale or distrib1ol:tioll, any ticket, coupqjl, or otber doc'uix)entfor use in a prize chlt or, money c,irculatiod ,reheme or any advertiswnent ,of such prize chit -or money cifcluation scheme; or, "; " ' '(f!) 'uses any premfl(l~s: o~ ca~ses '~r ki{b,-;ly'permtt~ any pre· mises t~ be used, 'fbr purposes' conriact~d ~th the ~mo~on or conduct of the prize chit or money circulation scheme;' or' ,"' , (1) causes or procures or attempts to, prqcure any perlon to do any of the above-mentioned acts" shall be punishable with imprisonment for a term wbich may extend to two years, or with fine which may extend to three thousand rupees, or with both: provided that in the absence of special and adequate reasons to the contrary to be mentioned in the judgment of the court, the imprisonment shall not be less than one year and the fine shall not be less than one thousand rupees offences 6 (1) where an offence under this act has been committed by a 10 by company, every person who, at the time the offence was committed, companies was in eharge 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: 15 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 exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (1), where 20 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 ot, any director, manager, secretary or other officer of the company, such ciirector, manager, secretary or other officer shall also be deemed to be guilty 25 of that offence and shall be "liable to be proceeded against and punished accordingly - explanation-for the purposes of this section-(a) "company" means any body corporate and includes a firm or other association of individuals; and 30 (b) '(director", in relation to a firm, means a partner in the finn 7 (1) it shall be lawful for any police officer not below the rank of an officer in charge of a police station,-power to enter, search and lleize (a) to enter, f,f necessary, by force, whether by day or nigat 35 with such assistance as he considers necessary, any premises which he has reason to suspect, are being used for purposes connected with the pro1ll0tion or conduet of any prize chit or money circulation scheme in contravention of the provisions of tbis act; (b) to search the sam p;re~ and ~he persons whom he may 40 find therein; (e) to take into custody and produce before anr jtid~cial magistr~te all such persons as are concer!1ed or against whom a complafnt has· been made or cr~tble" ~forn'lation has wen reeefved or a 1'ie'8sonab1e suspicion exists of tbe!r' hbvtng been concenied with the 45 uae of the said pr~1 for purposes connected with or ~th the prom~oil or ,conduct of any sllch prue chtt or money clroul,a,tion scheme as aforesaid; -(d) to seize au things found in the said premises which are intended to be used, or reasonably 'suspected to have been used; in connection with any such prize chit or money circulation scheme as aforesaid; 5 (2) any officer authorised by the state government in this behalf may-(a) at all reasonable times, enter into and search any premises which he has reason to suspect, are being ud for the purposes connected with, or conduct of, any prize chit or money circulation scheme in contravention of the provisions of this act; 10 (b) examine any person having the control of, or, employed in connection with, any such prize chit or money circulation scheme; (c) order the production of any documents, books or records in the possession or power of any person having the control of, or 15 employed in connection with any such prize chit or money circulation scheme; and (d) inspect and seize any register, books of accounts, documents or any other literature found in the said premises (3) all searches under this section shall be made in accordance with 20 the provisions of the code of criminal procedure, 1973 2 of 1974 8 where any newspaper or other publication contains any material connected with any prize chit or money circulation scheme promoted or conducted in contravention of the provisions of this act or any advertisement in relation thereto, the state government may, by notl-25 ftcation in the official gazette, declare every copy of the newspaper and every' copy of the publication containing such material or the advertisement to be forfeited to the state government forfeiture of news paper and publication containing prize chit or money circulation scheme power to try offences, 9 no court inferior to that of a chief metropolitan magistrate, or as the case may be, chief judicial magistrate, shall try any offence 30 punishable under this act 10 all offences punishable under this act shall be cognizable 11 nothing contained in this act shall apply to any prize 'chit or offences under this act to be cognizable act not to money circulation scheme promoted byapply to certain (a) a state government or any officer or authority on its behalf; prize or 35 | chits ||-------------|| money || circulation || schemes |: (b), a company w,holly p~f!d by a stllte governmt!nt whlch does ,not cjrry on any busiriess other than the conducting of a prize chit or money circulation scheme whether it is tn the nature of a collven~pnal chit or otherwise; or , ~ 'a bankfdl eomp8jty as deflri~"tn 'clause (c) of section 5 10 of 1949 o~ the b,anmttg' re~atlo!t act, 1949,' or 'a barilting insfltution notffled by the cei1trar gov~meftt r ud8i!r section m' of tliat aet or the state bank of rridla :eoitstftuted under secflon3 of the' state bank of india act, 1955, or a subsidiary bank collitituted under sec-23 of 1955 tion 3 of the state bank of india (subsidiary banks) act, 1959 or a 38 of 1959 corresponding new bank constituted under section 3 of the banking companies (acquisition and trans1er of undertakings) act, 1970, or 5 of 1970 a regional rural bank established under section 3 of the regional s 21 of 1976 rural banks act, 1976, or a co-operative bank as defined in clause (bii) of section 2 of the reserve bank of india act, 1934; or 2 of 198 • (d) any charitable or educational institution notified in this behalf by the state government, in consultation with the reserve bank 10 transitiona provisions 12 (1) notwithstanding anything contained in this act, a person ronducting a prize chit or money circulation scheme at the commencement of thi6 act may continue to conduct such chit or scheme for such period as may be necessary for the winding up of the business relating to such chit or scheme, so however that such period shall not in any 15 case extend beyond a period of two years from such commencement: provided that the said person shall furnish to the state government or to such officer as may be authorised by it in this behalf and to such office of the reserve bank as may be prescribed in such form and within such period as may be prescribed full information regarding the 20 chit or scheme along with a winding up plan prepared in accordance with the provisions of any rules that may be made by the state government in this behalf under this act: provided further that if the state government is satisfied, on an application made by the person conducting the prize chit, or money 25 c'irculation scheme, that the chit or scheme cannot be wound up within the period fixed in the winding up plan furnished to the state government under the foregoing proviso, it may, in consultation with the reserve bank permit such person to continue to conduct the business relating to the said chit or scheme for such further period a!l may be 30 considered necessary having re,:tard to the circumstances of the case and the interests of the memben; of the said chit or scheme (2) the state governmf'nt mav in consultation with the reserve bank approve the windins:~ up plan fnrnished under sub-section (1) with or without modifications or reie~t the same and may grant or 35 efuse to grant permission to continue to conduct that chit or scheme: provided that no such windin~ up plan !ilhall be modified of rejected without giving an opportunity of being heard to the 'person who conducts such prize chit or money circulation scheme (3) if any person fails to furnish full information regarding the said 40 chit or scheme alon~ with it~ windinq up plan in the fonn md within the period prescribed, ne shall forfeit hf!!ri~ht to _ continue tht!! business rejating to the sa,id chit or scheme on the expiry of such period (4) notwithstanding anyt'hin:g to the contrary' eontainea in any agreement, or document etered ·into between any' penon 1londuct1ng 4s any· such chit or seheme and the subscriber i· the'person coildueth\g the chit or 'scheme shall refund ·the mqni 'oi" the subseriptions ~~eted tlu:~he date ~f default refen!ed to u1au'b4eetion ·(3}; - :' (5) if any person fails to comply with the provisions ot sub-section (4), he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both: 5 provided that in the absence of special and adequate reasons to the contrary to be mentioned in lhe judgment of the court, the imprisonment shall 110t be less than one year and the fine shall not be less than thousand rupees 13 (1) the state government may, by notification in the oftlcial power 10 gazette and in consultation with the reserve bank, make rules for the to make purpose of carrying out the provis~,ons of this act rules (2) in particular and without prejudice' to the generality of the foregoing power, such rules may provide for-15 (a) the office of the reserve' bank tg whom full infbrmation regarding any prize chit or money circulation scheme may be furnished under the first proviso to sub-section (1) of section 12, and the form in which and the period within which such information may be furnished; (b) the particulars relating to the winding up plan of the business relating to prize chits or money circulation schemes, 20 14 (1) the andhra pradesh money circulation scheme (prohibi-repeal tion) act, 1965, as in force in the state of andhra pradesh, and in the and saving andhra pradesh act 30 of 1965 union territory of chandigarh and the madhya pradesh dhan parichalan skeem (pratishedh) adhiniyam, 1975, are hereby repealed madhya pradesh act 19 of 1975 25 (2) notwitbstanding the repeal of· any act referred to in subsection (1), anything done or any action taken under the p~oviliods of any such act shall, in so far as such thing or action is not inconsistent with the provisions of this act, be dee!med to have been done or taken under the provisions of this act as if the said provisions were in force 30 when such thing'was'done or such action was taken and shall continue in force: accordingly until superseded by' anything done or any action taken under this act; statement of objects and reasonsin june 1974, the reserve barut of india had constituted a study group under the chairmanship of shri james s raj, the then chairman, unit trwit of india, for examining in depth the provisions of chapter iii b of the reserve bank of india act, 1934, and the directions issued thereunder to non-banking companies in order to assess their adequacy in the context of ensuring the efficacy of the' monetary and credit policies of the country and affording a degree of protection to the interests of the depositors who place their savings with such companies in its report submitted to the reserve bjmk in july 1975, the group observed that the prize chit/benefit/savings schemes benefit primarily the promoters and do not serve any social purpose on the contrary, the group has stated that they are prejudicial to the public interest and a'ffect the efficacy of the fiscal and monetary policies of the country 2, prize chits would cover any kind of arrangement under which moneys are collected by way of 8ubecriptionl!l, contributions, etc and prizes, gifts, etc are awarded the prize chit is really a form of lottery its basic feature is that the foreman or pr1>moter who ostensioly charges no commission collects regular subscriptions from the members once a member gets the prize, he is very often not required to pay further instalments and his name is dropped from further lots the institutions conducting prize chits are private limited companies with a very low capital base contributed by the promoters, directors or their close relatives such schemes confer monetary benefit only on a few members and on the promoter companies the group had, therefore, recommended that prize chits or money circulation schemes, by whatever name called, should be totally banned in the larger interests of the public and suitable legislative measures should be undertaken for the purpose 3 the bill proposes to implement the above recommendation of the group by providing for the banning of the promotion or conduct of any prize chit or molley circulation scheme, by whatever name called, and of the participation of any perlon in such chit or schejne the bill provides for a period of two years within which the existing units carrying on the business of prize chits or money circulation schemes may be wound up and provides for penalties and other incidental matters the repeal of the existing state legislations on the subject has also been provided for in the b1ll new delhi; h m patel the 19th april, 1978 sub-clause (1) of clause 13 of the bill confers on the state governments the power to make rules for carrying out the provisions of the bill, in consultation with the reserve bank of india sub-clause (2) of that clause specifies the matters in respect of which rules may be made under this clause these include the particulars relating to the winding up plan of the business relating to prize chits or money circulation schemes and the form in which and the period within which full 1nformation regarding such chits or schemes may be furnished to the state government or the ofticer authorised by it in this behalf 2 the matters with respect to which rules may be made under this clause are matters of procedure or detail the delegation of legislative power is thus normal in character :':'l : l: ' ,~ , " ,,:: i i"" " a billto ban the promotion or conduct of prize chits and money circulation schemes and for matters connected therewith or incidental thereto (shri h m patel, minister of finance) | Parliament_bills | 5784cf76-7961-5469-96ae-61c978b9f9a9 |
bill no 100-c of 2006 the central road fund (amendment) bill, 2007 a billfurther to amend the central road fund act, 2000be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the central road fund (amendment) act, 2007short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint54 of 20005amendment of section 92 in the central road fund act, 2000 (hereinafter referred to as the principal act), in section 9, in sub-section (1), for clause (b), the following clause shall be substituted, namely:—"(b) take such measures as may be necessary to raise funds for the development and maintenance of the national highways and for the development of rural roads;"10amendment of section 113 in section 11 of the principal act, after sub-section (1), the following proviso shall be inserted, namely:—"provided that the central government may use the share of the fund under sub-clause (a) of clause (viii) of section 10 for the repayment of any loan taken for the purpose of development of rural roads in any state or union territory" lok sabha———— a billfurther to amend the central road fund act, 2000————(as passed by lok sabha)mgipmrnd—2360ls(s5)—16-05-2007 | Parliament_bills | 2c279d4d-1504-5470-adcf-a4d3bd89427e |
(4) a proclamation so approved shall, unless revoked, cease to ope-- rate on the expiration of a period of six months from the date of issue: of the proclamation: - -" provided that if and so often as a resolution approving the continuance in force of such a proclamation is passed by both houses of parliament, the proclamation shall, unless revoked, continue in foree for a further period of six months from the date on which under this clause it would otherwise have ceased to operate, but no such proclamation shall in any case remain in force for more than three years: provided further that if the dissolution of the house of the people takes place during any such period of six months and a resolution approv-- ing the continuance in force of such proclamation has been passed by the council of states, but no resolution with respect to the continuance in force of such proclamation has been passed by the house of the people during the said period, the proclamation shall cease to operate at the expiration of thirty days from the date on which the house of the people first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the proclamation has been also passed by the house of the people (5) notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a prociamation approved under clause (3) for any period beyond the expiration of one year from: the date of issue of such proclamation shall not be passed by either house of parliament unless— (2) a proclamation of emergency is in operation, in the whole of india or, as the case may be, in the whole or any part of the state, at the time of the passing of such resolution, and (b) the election commission certifies that the continuance in force of the proclamation approved under clause (3) during the - period specified in such resolution is necessary on account of difficulties in holding general elections to the legislative assembly of the state concerned | | bs | | | f ||------|-------|------|------|-----| | Parliament_bills | 70791872-e765-5bb0-84d9-82ba24f6c958 |
statement of objects and reasonsit is an irony that on the one hand our country rather the whole world is heading towards 21st century achieving many scientific advancements but on the other hand the girls are the most neglected and unwanted lot throughout the world in general and in our country in particular this is evident from the fact that most of the families do not want that a daughter be born in the family due to scientific development the femate foetus is detected at the early pregnancy stages and aborted however, despite every effort if the girl is born she is always neglected the living conditions of girls in orthodox families particularly in rural areas are worst while the male children get best attention the girls are treated shabbily the boys are sent to best of the schools for education but the girls are not sent to schools at all in the cities and metropolices the situation has improved a lot but in the rural areas the situation is very grim the girls are denied even primary education they are supposed to do the household chores and married of tenderage to contribute in the population explosion as such most of the girls remain illiterate throughout their lives and remain dependent on others due to their illiteracy they are generally cheated and denied the property rights fraudulently by getting their thumb impression even a letter is required to be read by someone, to her this results in illiteracy to her children also it is a hard fact that if a girl is literate, she will certainly teach to her children and will not allow them to remain illiterate hence it is necessary that girls should be given compulsory primary education to eradicate illiteracy from the country being a welfare state it is the holy duty of the state to come forward in this field and educate the girls through compulsory and free education the state should provide adequate number of schools for this purpose the parents of the girls should be forced to send them to schools or they should be punished to have a deterrent effect on others then only the girls can be educated and illiteracy among the girls can be removed from our country hence this bill suresh pachouri financial memorandumclause 4 of the bill provides that appropriate government shall establish requisite number of primary schools within its jurisdiction clause 5 of the bill provides for the establishment of special schools by the appropriate government the bill if enacted and brought into operation will involve expenditure from the consolidated fund of india it is likely to involve a sum of rupees one thousand crores from the consolidated fund of india per annum as recurring expenditure it is also likely to involve a sum of rupees five hundred crores from the consolidated fund of india as non-recurring expenditure hence this bill memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only the delegation of legislative power is of normal character | Parliament_bills | 6632762b-8fb2-598a-a5f4-4a9a6701f820 |
bill no lx of 2010 the right to privacy bill, 2010 abillto provide for the protection of right to privacy of persons including those who are inpublic life so as to protect them from being blackmailed or harassed or their image and reputation being tarnished in order to spoil their public life and for the prevention of misuse of digital technology for such purposes and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the right to privacy act, 2010(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—5(a) "digital recording" means recording made by a process of converting sound into a series of electrical pulses and to create text, data, picture which may be still or moving or any other audio visual representation of signal or any combination thereof which is capable of being created, processed, stored, retrieved or communicated electronically and which may be created, observed, delivered, broadcasted or accessed in any manner; and10(b) "persons in public life" includes the representatives of the people in parliament, state legislatures, local self government bodies and office bearers of recognised political partiesright to privacy3 (1) notwithstanding anything contained in any other law for the time being in force every person, including persons in public life shall have the right to privacy which shall be exclusive, unhindered and there shall be no unwarranted infringement thereof by any other person, agency, media or any one:15provided that sub-section (1) of section 3 shall not apply in cases of corruption and misuse of official position by person in public life4 no person shall use a cellular phone with an in built camera, if it does not produce a sound of at least sixty-five decibles and flash a light when used to take a picture of any object or person, as the case may be205 notwithstanding anything contained in any other law for the time being in force, no person shall make digital recording or take photographs or make videography in any manner whatsoever of,—cellular phone with in built camera should produce sound and to have flash light no person to make digital recording, etc without consent(a) any part or whole of a human body which is unclothed or partially clothed without the consent of the person concerned; or25(b) any part or whole of a human body at any public place without the consent of the person concerned; and(c) the personal and intimate relationship of any couple in a home, hotel, resort or any place within the four walls by hidden digital other cameras and such other instruments with the intent of blackmail or of making commercial gains from it or otherwise30penalty6 whoever contravenes or causes to be contravened the provisions of,—(i) section 3 shall be punishable with imprisonment for a term which shall not be less than four years but may extend to seven years and also with a fine which may extend to five lakh rupees;35(ii) section 4 shall be punishable with fine which may extend to fifty thousandrupees;(iii) section 5 shall be punishable with imprisonment for a term which may extendto three years and also a fine which may extend to two lakh rupees2 of 1974offence to be cognizable407 notwithstanding anything contained in the code of criminal procedure, 1973 everyoffence punishable under this act shall be cognizable8 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 rules9 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsevery person has the right to privacy exclusively meant for him to enjoy unless it does not violate any provisions of law for the time being in force but these days this right has become the subject matter of hot debate throughout the country particularly after the recent multi-media messaging service (mms) episodes which have thrown up some important questions about the lacunae in our existing laws and threats of digital technology comercialization of sex and easy availability of internet has opened new vistas in pornography advancement of technology has made photography by cell phone cameras and videography by small equipment which could be hidden easily which are now employed with impunity to secretly capture private images and intimate moments of women or couples or friends and, thereafter, used to embarrass or blackmail the suspecting victims it is the duty of the state to prevent the misuse of new advancements in technology and protect the right of privacy of its citizens by providing deterrent punishment for the violatershence, this billrajeev chandrasekhar memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules to carry out the purposes of the bill it will relate to matters of details only the delegation of legislative power is of normal character———— abillto provide for the protection of right to privacy of persons including those who are inpublic life so as to protect them from being blackmailed or harassed or their image and reputation being tarnished in order to spoil their public life and for the prevention of misuse of digital technology for such purposes and for matters connected therewith and incidental thereto————(shri rajeev chandrasekhar, mp)gmgipmrnd—6706rs(s3)—28022011 | Parliament_bills | feea30e1-845c-5668-848a-90d8f75935b2 |
bill no 5 of 2011 the food safety and standards (amendment) bill, 2011 byshri haribhau jawale, mp a billfurther to amend the food safety and standards act, 2006be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the food safety and standards (amendment) act, 20115short title and commencement(2) it shall come into force on such date, as the central government may, by notificationin the official gazette, appoint34 of 20062 after section 19 of the food safety and standards act, 2006, the following section shall be inserted, namely:—insertion of new section 19a grading and marking for ripening"19a no person shall sell or offer for sale any fruit or vegetable unless it has been graded and marked for ripening by food laboratory according to such standards and in such manner as may be specified by the food authority" statement of objects and reasonsthe issue of artificial ripening of fruits and vegetables especially mangoes and banana has been raised from time to time in various parts of the country usually farmers harvest fruits prior to maturity with a view to get premium price or to transport them to remote destinations where they are ripened before retailing with aids like calcium carbide, ethylene gas and ethrel/ethephon the use of ethylene gas either directly from cylinders or as liberated from ethephon, is recognized as a safe alternative for ripening of fruits by scientific research provided it is used at low concentrationas per the traditional practice, the use of calcium carbide commonly known as ripening masala is very popular calcium carbide is a carcinogenic substance and can cause mouth ulcer, food poisoning or even cancer hence, it is dangerous for human lifetherefore, the bill seeks to provide for a legal mechanism of grading of ripened fruits and vegetables before they are offered for sale such a mechanism will ensure that artificial ripening of fruits and vegetables has been carried out using safe chemicalshence this billnew delhi;haribhau jawalenovember 24, 2010 lok sabha————— a billfurther to amend the food safety and standards act, 2006—————(shri haribhau jawale, mp)gmgipmrnd—6150ls(s3)—14-02-2011 | Parliament_bills | 173a2461-c7a7-5c3e-bfe6-14f2eeeab3ef |
bill no 89 of 2015 the constitution (amendment) bill, 2015 byshrimati darshana vikram jardosh, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2015article 3482 in article 348 of the constitution, for clause (2), the following clause shall be substituted, namely:—''(2) notwithstanding anything in sub-clause (a) of clause (1), the governor of a state may, after intimation to the president, authorise the use of the hindi language, or any other language used for any official purposes of the state, in proceedings in the high court having its principal seat in that state'' statement of objects and reasonsdue to rising literacy level and increased influence of electronic and print media on the society, the participation of people in various 'judicial' proceedings has been rising very sharply now-a-days generally, people in states are not much conversant and comfortable with english language allowing use of regional languages in various high courts would be helpful in increasing legal awareness among the people therefore, it is proposed to amend article 348(2) to enable the use of regional languages in high courtshence this billnew delhi;darshana v1kram jardoshfebruary 26, 2015 annexure extract from the constitution of india 348(1) (2) notwithstanding anything in sub-clause (a) of clause (1), the governor of a state may, with the previous consent of the president, authorise the use of the hindi language, or any other language used for any official purposes of the state, in proceedings in the high court having its principal seat in that state:language to be used in the supreme court and in the high courts and for acts, bills, etc lok sabha———— a billfurther to amend the constitution of india————(shrimati darshana vikram jardosh,, mp)gmgipmrnd—02ls(s3)—15-04-2015 | Parliament_bills | f72d8dc7-8211-5d97-b01d-fec1378ff16b |
bill no 58 of 2017 the integrated goods and services tax bill, 2017——————arrangement of clauses—————— clauses chapter i preliminary1 short title, extent and commencement 2 definitions chapter ii administration3 appointment of officers 4 authorisation of officers of state tax or union territory tax as proper officer incertain circumstances chapter iii levy and collection of tax5 levy and collection6 power to grant exemption from tax chapter iv determination of nature of supply7 inter-state supply 8 intra-state supply 9 supplies in territorial waters chapter v place of supply of goods or services or both10 place of supply of goods other than supply of goods imported into, or exportedfrom india11 place of supply of goods imported into, or exported from india12 place of supply of services where location of supplier and recepient is in india 13 place of supply of services where location of supplier or location of receipient isoutside india14 special provision for payment of tax by a supplier of online information anddatabase access or retrieval services (ii) clauses chapter vi refund of integrated tax to international tourist15 refund of integrated tax paid on supply of goods to tourist leaving india chapter vii zero rated supply16 zero rated supply chapter viii apportionment of tax and settlement of funds17 apportionment of tax and settlement of funds 18 transfer of input tax credit 19 tax wrongfully collected and paid to central government or state government chapter ix miscellaneous20 application of provisions of central goods and services tax act 21 import of services made on or after the appointed day 22 power to make rules 23 power to make regulations 24 laying of rules, regulations and notifications 25 removal of difficultiesbill no 58 of 2017 the integrated goods and services tax bill, 2017 a billto make a provision for levy and collection of tax on inter-state supply of goods or servicesor both by the central government and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the integrated goods and services tax act, 2017(2) it shall extend to the whole of india except the state of jammu and kashmirshort title, extent and commencement(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:provided that different dates may be appointed for different provisions of this actdefinitions2 in this act, unless the context otherwise requires,––(1) "central goods and services tax act" means the central goods and services tax act, 2017;5(2) ''central tax" means the tax levied and collected under the central goods and services tax act;10(3) "continuous journey" means a journey for which a single or more than one ticket or invoice is issued at the same time, either by a single supplier of service or through an agent acting on behalf of more than one supplier of service, and which involves no stopover between any of the legs of the journey for which one or more separate tickets or invoices are issuedexplanation––for the purposes of this clause, the term "stopover" means a place where a passenger can disembark either to transfer to another conveyance or break his journey for a certain period in order to resume it at a later point of time;(4) "customs frontiers of india" means the limits of a customs area as defined in section 2 of the customs act, 1962;52 of 196215(5) "export of goods" with its grammatical variations and cognate expressions, means taking goods out of india to a place outside india;(6) "export of services" means the supply of any service when,––(i) the supplier of service is located in india; (ii) the recipient of service is located outside india;20(iii) the place of supply of service is outside india; (iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; and25(v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with explanation 1 in section 8;30(7) "fixed establishment" means a place (other than the registered place of business) which is characterised by a sufficient degree of permanence and suitable structure in terms of human and technical resources to supply services or to receive and use services for its own needs;(8) "goods and services tax (compensation to states) act" means the goods and services tax (compensation to states) act, 2017;(9) "government" means the central government;35(10) ''import of goods" with its grammatical variations and cognate expressions, means bringing goods into india from a place outside india;(11) ''import of services" means the supply of any service, where––(i) the supplier of service is located outside india; (ii) the recipient of service is located in india; and (iii) the place of supply of service is in india;40(12) "integrated tax" means the integrated goods and services tax levied under this act;45(13) "intermediary" means a broker, an agent or any other person, by whatever name called, who arranges or facilitates the supply of goods or services or both, or securities, between two or more persons, but does not include a person who supplies such goods or services or both or securities on his own account;(14) "location of the recipient of services" means,––(a) where a supply is received at a place of business for which theregistration has been obtained, the location of such place of business;5(b) where a supply is received at a place other than the place of businessfor which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;(c) where a supply is received at more than one establishment, whetherthe place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and10 (d) in absence of such places, the location of the usual place of residenceof the recipient;(15) "location of the supplier of services" means,––(a) where a supply is made from a place of business for which theregistration has been obtained, the location of such place of business;15(b) where a supply is made from a place other than the place of businessfor which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;20(c) where a supply is made from more than one establishment, whetherthe place of business or fixed establishment, the location of the establishment most directly concerned with the provision of the supply; and(d) in absence of such places, the location of the usual place of residenceof the supplier;25(16) "non-taxable online recipient" means any government, local authority,governmental authority, an individual or any other person not registered and receiving online information and database access or retrieval services in relation to any purpose other than commerce, industry or any other business or profession, located in taxable territoryexplanation––for the purposes of this clause, the expression "governmental authority" means an authority or a board or any other body,––(i) set up by an act of parliament or a state legislature; or30(ii) established by any government,with ninety per cent or more participation by way of equity or control, to carry out any function entrusted to a municipality under article 243w of the constitution;35(17) "online information and database access or retrieval services" meansservices whose delivery is mediated by information technology over the internet or an electronic network and the nature of which renders their supply essentially automated and involving minimal human intervention and impossible to ensure in the absence of information technology and includes electronic services such as,––(i) advertising on the internet;40(ii) providing cloud services; (iii) provision of e-books, movie, music, software and other intangiblesthrough telecommunication networks or internet;(iv) providing data or information, retrievable or otherwise, to any personin electronic form through a computer network;45(v) online supplies of digital content (movies, television shows, musicand the like);(vi) digital data storage; and (vii) online gaming;(18) "output tax", in relation to a taxable person, means the integrated tax chargeable under this act on taxable supply of goods or services or both made by him or by his agent but excludes tax payable by him on reverse charge basis;528 of 2005(19) "special economic zone" shall have the same meaning as assigned to it in clause (za) of section 2 of the special economic zones act, 2005;28 of 2005(20) "special economic zone developer" shall have the same meaning as assigned to it in clause (g) of section 2 of the special economic zones act, 2005 and includes an authority as defined in clause (d) and a co-developer as defined in clause (f ) of section 2 of the said act;10(21) "supply" shall have the same meaning as assigned to it in section 7 of the central goods and services tax act;(22) "taxable territory" means the territory to which the provisions of this act apply;(23) "zero-rated supply" shall have the meaning assigned to it in section 16;15(24) words and expressions used and not defined in this act but defined in the central goods and services tax act, the union territory goods and services tax act and the goods and services tax (compensation to states) act shall have the same meaning as assigned to them in those acts;20(25) any reference in this act to a law which is not in force in the state of jammu and kashmir, shall, in relation to that state be construed as a reference to the corresponding law, if any, in force in that state chapter ii administrationappointment of officers3 the board may appoint such central tax officers as it thinks fit for exercising the powers under this act25304 without prejudice to the provisions of this act, the officers appointed under the state goods and services tax act or the union territory goods and services tax act are authorised to be the proper officers for the purposes of this act, subject to such exceptions and conditions as the government shall, on the recommendations of the council, by notification, specifyauthorisation of officers of state tax or union territory tax as proper officer in certain circumstances chapter iii levy and collection of taxlevy and collection355 (1) subject to the provisions of sub-section (2), there shall be levied a tax called the integrated goods and services tax on all inter-state supplies of goods or services or both; except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 of the central goods and services tax act and at such rates, not exceeding forty per cent, as may be notified by the government on the recommendations of the council and collected in such manner as may be prescribed and shall be paid by the taxable person:4051 of 1975 52 of 1962provided that the integrated tax on goods imported into india shall be levied and collected in accordance with the provisions of section 3 of the customs tariff act, 1975 on the value as determined under the said act at the point when duties of customs are levied on the said goods under section 12 of the customs act, 196245(2) the integrated tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel shall be levied with effect from such date as may be notified by the government on the recommendations of the council5(3) the government may, on the recommendations of the council, by notification, specify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both and all the provisions of this act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both(4) the integrated tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis as the recipient and all the provisions of this act shall apply to such recipient as if he is the person liable for paying the tax in relation to the supply of such goods or services or both10(5) the government may, on the recommendations of the council, by notification, specify categories of services, the tax on inter-state supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, and all the provisions of this act shall apply to such electronic commerce operator as if he is the supplier liable for paying the tax in relation to the supply of such services:15provided that where an electronic commerce operator does not have a physical presence in the taxable territory, any person representing such electronic commerce operator for any purpose in the taxable territory shall be liable to pay tax:20provided further that where an electronic commerce operator does not have a physical presence in the taxable territory and also does not have a representative in the said territory, such electronic commerce operator shall appoint a person in the taxable territory for the purpose of paying tax and such person shall be liable to pay taxpower to grant exemption from tax256 (1) where the government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the council, by notification, exempt generally, either absolutely or subject to such conditions as may be specified therein, goods or services or both of any specified description from the whole or any part of the tax leviable thereon with effect from such date as may be specified in such notification30(2) where the government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the council, by special order in each case, under circumstances of an exceptional nature to be stated in such order, exempt from payment of tax any goods or services or both on which tax is leviable35(3) the government may, if it considers necessary or expedient so to do for the purpose of clarifying the scope or applicability of any notification issued under sub-section (1) or order issued under sub-section (2), insert an explanation in such notification or order, as the case may be, by notification at any time within one year of issue of the notification under sub-section (1) or order under sub-section (2), and every such explanation shall have effect as if it had always been the part of the first such notification or order, as the case may be40explanation–– for the purposes of this section, where an exemption in respect of any goods or services or both from the whole or part of the tax leviable thereon has been granted absolutely, the registered person supplying such goods or services or both shall not collect the tax, in excess of the effective rate, on such supply of goods or services or both chapter iv determination of nature of supplyinter-state supply457 (1) subject to the provisions of section 10, supply of goods, where the location of the supplier and the place of supply are in––(a) two different states;(b) two different union territories; or (c) a state and a union territory,shall be treated as a supply of goods in the course of inter-state trade or commerce(2) supply of goods imported into the territory of india, till they cross the customs frontiers of india, shall be treated to be a supply of goods in the course of inter-state trade or commerce5(3) subject to the provisions of section 12, supply of services, where the location of the supplier and the place of supply are in––(a) two different states; (b) two different union territories; or (c) a state and a union territory, shall be treated as a supply of services in the course of inter-state trade or commerce10(4) supply of services imported into the territory of india shall be treated to be a supply of services in the course of inter-state trade or commerce(5) supply of goods or services or both,––(a) when the supplier is located in india and the place of supply is outside india;15(b) to or by a special economic zone developer or a special economic zone unit; or(c) in the taxable territory, not being an intra-state supply and not covered elsewhere in this section,20shall be treated to be a supply of goods or services or both in the course of inter-state trade or commerceintra-state supply8 (1) subject to the provisions of section 10, supply of goods where the location of the supplier and the place of supply of goods are in the same state or same union territory shall be treated as intra-state supply:25provided that the following supply of goods shall not be treated as intra-state supply, namely:––(i) supply of goods to or by a special economic zone developer or a special economic zone unit;(ii) goods imported into the territory of india till they cross the customs frontiers of india; or30(iii) supplies made to a tourist referred to in section 15(2) subject to the provisions of section 12, supply of services where the location of the supplier and the place of supply of services are in the same state or same union territory shall be treated as intra-state supply:35provided that the intra-state supply of services shall not include supply of services to or by a special economic zone developer or a special economic zone unitexplanation 1––for the purposes of this act, where a person has,––(i) an establishment in india and any other establishment outside india; (ii) an establishment in a state or union territory and any other establishment outside that state; or40(iii) an establishment in a state or union territory and any other establishment being a business vertical registered within that state or union territory, then such establishments shall be treated as establishments of distinct personsexplanation 2––a person carrying on a business through a branch or an agency or a representational office in any territory shall be treated as having an establishment in that territory9 notwithstanding anything contained in this act,––supplies in territorial waters(a) where the location of the supplier is in the territorial waters, the location of such supplier; or(b) where the place of supply is in the territorial waters, the place of supply,5shall, for the purposes of this act, be deemed to be in the coastal state or union territory where the nearest point of the appropriate baseline is located chapter v place of supply of goods or services or both10 (1) the place of supply of goods, other than supply of goods imported into, or exported from india, shall be as under,––10(a) where the supply involves movement of goods, whether by the supplier or the recipient or by any other person, the place of supply of such goods shall be the location of the goods at the time at which the movement of goods terminates for delivery to the recipient;place of supply of goods otherthan supply ofgoods imported into, or exported from india15 20(b) where the goods are delivered by the supplier to a recipient or any other person on the direction of a third person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of documents of title to the goods or otherwise, it shall be deemed that the said third person has received the goods and the place of supply of such goods shall be the principal place of business of such person;(c) where the supply does not involve movement of goods, whether by the supplier or the recipient, the place of supply shall be the location of such goods at the time of the delivery to the recipient;25(d) where the goods are assembled or installed at site, the place of supply shall be the place of such installation or assembly;(e) where the goods are supplied on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle, the place of supply shall be the location at which such goods are taken on board30(2) where the place of supply of goods cannot be determined, the place of supply shall be determined in such manner as may be prescribed11 the place of supply of goods,––(a) imported into india shall be the location of the importer; (b) exported from india shall be the location outside indiaplace of supply of goods imported into, or exported from india3512 (1) the provisions of this section shall apply to determine the place of supply of services where the location of supplier of services and the location of the recipient of services is in india(2) the place of supply of services, except the services specified in sub-sections (3)to (14),––place of supply of services where location of supplier and recipient is in india(a) made to a registered person shall be the location of such person; (b) made to any person other than a registered person shall be,––40(i) the location of the recipient where the address on record exists; and (ii) the location of the supplier of services in other cases (3) the place of supply of services,––(a) directly in relation to an immovable property, including services provided by architects, interior decorators, surveyors, engineers and other related experts or45estate agents, any service provided by way of grant of rights to use immovable property or for carrying out or co-ordination of construction work; or (b) by way of lodging accommodation by a hotel, inn, guest house, home stay, club or campsite, by whatever name called, and including a house boat or any other vessel; or5(c) by way of accommodation in any immovable property for organising any marriage or reception or matters related thereto, official, social, cultural, religious or business function including services provided in relation to such function at such property; or(d) any services ancillary to the services referred to in clauses (a), (b) and (c),10shall be the location at which the immovable property or boat or vessel, as the case may be, is located or intended to be located:provided that if the location of the immovable property or boat or vessel is located or intended to be located outside india, the place of supply shall be the location of the recipient15explanation––where the immovable property or boat or vessel is located in more than one state or union territory, the supply of services shall be treated as made in each of the respective states or union territories, in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed20(4) the place of supply of restaurant and catering services, personal grooming, fitness, beauty treatment, health service including cosmetic and plastic surgery shall be the location where the services are actually performed(5) the place of supply of services in relation to training and performance appraisal to,––(a) a registered person, shall be the location of such person;25(b) a person other than a registered person, shall be the location where the services are actually performed30(6) the place of supply of services provided by way of admission to a cultural, artistic, sporting, scientific, educational, entertainment event or amusement park or any other place and services ancillary thereto, shall be the place where the event is actually held or where the park or such other place is located(7) the place of supply of services provided by way of ,—(a) organisation of a cultural, artistic, sporting, scientific, educational or entertainment event including supply of services in relation to a conference, fair, exhibition, celebration or similar events; or35(b) services ancillary to organisation of any of the events or services referred to in clause (a) , or assigning of sponsorship to such events,––(i) to a registered person, shall be the location of such person;40(ii) to a person other than a registered person, shall be the place wherethe event is actually held and if the event is held outside india, the place of supply shall be the location of the recipient45explanation––where the event is held in more than one state or union territory and a consolidated amount is charged for supply of services relating to such event, the place of supply of such services shall be taken as being in each of the respective states or union territories in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed(8) the place of supply of services by way of transportation of goods, including by mail or courier to,––(a) a registered person, shall be the location of such person;5(b) a person other than a registered person, shall be the location at which suchgoods are handed over for their transportation(9) the place of supply of passenger transportation service to,—(a) a registered person, shall be the location of such person; (b) a person other than a registered person, shall be the place where the passenger embarks on the conveyance for a continuous journey:10provided that where the right to passage is given for future use and the point ofembarkation is not known at the time of issue of right to passage, the place of supply of such service shall be determined in accordance with the provisions of sub-section (2)15explanation––for the purposes of this sub-section, the return journey shall be treated as a separate journey, even if the right to passage for onward and return journey is issued at the same time (10) the place of supply of services on board a conveyance, including a vessel, an aircraft, a train or a motor vehicle, shall be the location of the first scheduled point of departure of that conveyance for the journey20(11) the place of supply of telecommunication services including data transfer, broadcasting, cable and direct to home television services to any person shall,—25(a) in case of services by way of fixed telecommunication line, leased circuits, internet leased circuit, cable or dish antenna, be the location where the telecommunication line, leased circuit or cable connection or dish antenna is installed for receipt of services;(b) in case of mobile connection for telecommunication and internet services provided on post-paid basis, be the location of billing address of the recipient of services on the record of the supplier of services;30(c) in cases where mobile connection for telecommunication, internet service and direct to home television services are provided on pre-payment basis through a voucher or any other means,––35(i) through a selling agent or a re-seller or a distributor of subscriber identity module card or re-charge voucher, be the address of the selling agent or re-seller or distributor as per the record of the supplier at the time of supply; or(ii) by any person to the final subscriber, be the location where such prepayment is received or such vouchers are sold;40(d) in other cases, be the address of the recipient as per the records of the supplier of services and where such address is not available, the place of supply shall be location of the supplier of services:provided that where the address of the recipient as per the records of the supplier of services is not available, the place of supply shall be location of the supplier of services:45provided further that if such pre-paid service is availed or the recharge is made through internet banking or other electronic mode of payment, the location of the recipient of services on the record of the supplier of services shall be the place of supply of such services5explanation––where the leased circuit is installed in more than one state or union territory and a consolidated amount is charged for supply of services relating to such circuit, the place of supply of such services shall be taken as being in each of the respective states or union territories in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed(12) the place of supply of banking and other financial services, including stock broking services to any person shall be the location of the recipient of services on the records of the supplier of services:10provided that if the location of recipient of services is not on the records of the supplier, the place of supply shall be the location of the supplier of services(13) the place of supply of insurance services shall,––(a) to a registered person, be the location of such person;15(b) to a person other than a registered person, be the location of the recipient of services on the records of the supplier of services20(14) the place of supply of advertisement services to the central government, a state government, a statutory body or a local authority meant for the states or union territories identified in the contract or agreement shall be taken as being in each of such states or union territories and the value of such supplies specific to each state or union territory shall be in proportion to the amount attributable to services provided by way of dissemination in the respective states or union territories as may be determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed2513 (1) the provisions of this section shall apply to determine the place of supply of services where the location of the supplier of services or the location of the recipient of services is outside india(2) the place of supply of services except the services specified in sub-sections (3)to (13) shall be the location of the recipient of services:place of supply of services where location of supplier or location of recipient is outside india30provided that where the location of the recipient of services is not available in the ordinary course of business, the place of supply shall be the location of the supplier of services(3) the place of supply of the following services shall be the location where the services are actually performed, namely:—35(a) services supplied in respect of goods which are required to be made physically available by the recipient of services to the supplier of services, or to a person acting on behalf of the supplier of services in order to provide the services: provided that when such services are provided from a remote location by way of electronic means, the place of supply shall be the location where goods are situated at the time of supply of services:40 provided further that nothing contained in this clause shall apply in the case of services supplied in respect of goods which are temporarily imported into india for repairs and are exported after repairs without being put to any other use in india, than that which is required for such repairs;45(b) services supplied to an individual, represented either as the recipient of services or a person acting on behalf of the recipient, which require the physical presence of the recipient or the person acting on his behalf, with the supplier for the supply of services5(4) the place of supply of services supplied directly in relation to an immovable property, including services supplied in this regard by experts and estate agents, supply of accommodation by a hotel, inn, guest house, club or campsite, by whatever name called, grant of rights to use immovable property, services for carrying out or co-ordination of construction work, including that of architects or interior decorators, shall be the place where the immovable property is located or intended to be located(5) the place of supply of services supplied by way of admission to, or organisation of a cultural, artistic, sporting, scientific, educational or entertainment event, or a celebration, conference, fair, exhibition or similar events, and of services ancillary to such admission or organisation, shall be the place where the event is actually held10(6) where any services referred to in sub-section (3) or sub-section (4) or sub-section (5) is supplied at more than one location, including a location in the taxable territory, its place of supply shall be the location in the taxable territory15(7) where the services referred to in sub-section (3) or sub-section (4) or sub-section (5) are supplied in more than one state or union territory, the place of supply of such services shall be taken as being in each of the respective states or union territories and the value of such supplies specific to each state or union territory shall be in proportion to the value for services separately collected or determined in terms of the contract or agreement entered into in this regard or, in the absence of such contract or agreement, on such other basis as may be prescribed20(8) the place of supply of the following services shall be the location of the supplier of services, namely:––(a) services supplied by a banking company, or a financial institution, or a non-banking financial company, to account holders;25(b) intermediary services;(c) services consisting of hiring of means of transport, including yachts but excluding aircrafts and vessels, up to a period of one monthexplanation––for the purposes of this sub-section, the expression,––(a) "account" means an account bearing interest to the depositor, and includes a non-resident external account and a non-resident ordinary account;302 of 1934(b) "banking company" shall have the same meaning as assigned to it under clause (a) of section 45a of the reserve bank of india act, 1934;2 of 1934(c) ''financial institution" shall have the same meaning as assigned to itin clause (c) of section 45-i of the reserve bank of india act, 1934;35(d) "non-banking financial company" means,––(i) a financial institution which is a company; (ii) a non-banking institution which is a company and which has asits principal business the receiving of deposits, under any scheme or arrangement or in any other manner, or lending in any manner; or40 (iii) such other non-banking institution or class of such institutions,as the reserve bank of india may, with the previous approval of the central government and by notification in the official gazette, specify(9) the place of supply of services of transportation of goods, other than by way of mail or courier, shall be the place of destination of such goods45(10) the place of supply in respect of passenger transportation services shall be the place where the passenger embarks on the conveyance for a continuous journey(11) the place of supply of services provided on board a conveyance during the course of a passenger transport operation, including services intended to be wholly or substantially consumed while on board, shall be the first scheduled point of departure of that conveyance for the journey5(12) the place of supply of online information and database access or retrieval services shall be the location of the recipient of servicesexplanation––for the purposes of this sub-section, person receiving such services shall be deemed to be located in the taxable territory, if any two of the following noncontradictory conditions are satisfied, namely:––10(a) the location of address presented by the recipient of services through internetis in the taxable territory;(b) the credit card or debit card or store value card or charge card or smart cardor any other card by which the recipient of services settles payment has been issued in the taxable territory;15(c) the billing address of the recipient of services is in the taxable territory; (d) the internet protocol address of the device used by the recipient of servicesis in the taxable territory;(e) the bank of the recipient of services in which the account used for paymentis maintained is in the taxable territory;20(f) the country code of the subscriber identity module card used by the recipientof services is of taxable territory;(g) the location of the fixed land line through which the service is received bythe recipient is in the taxable territory25(13) in order to prevent double taxation or non-taxation of the supply of a service, or for the uniform application of rules, the government shall have the power to notify any description of services or circumstances in which the place of supply shall be the place of effective use and enjoyment of a service3014 (1) on supply of online information and database access or retrieval services by any person located in a non-taxable territory and received by a non-taxable online recipient, the supplier of services located in a non-taxable territory shall be the person liable for paying integrated tax on such supply of services:special provision for payment of tax by a supplier of online information and database access or retrieval services35provided that in the case of supply of online information and database access or retrieval services by any person located in a non-taxable territory and received by a nontaxable online recipient, an intermediary located in the non-taxable territory, who arranges or facilitates the supply of such services, shall be deemed to be the recipient of such services from the supplier of services in non-taxable territory and supplying such services to the non-taxable online recipient except when such intermediary satisfies the following conditions, namely:––40(a) the invoice or customer's bill or receipt issued or made available by such intermediary taking part in the supply clearly identifies the service in question and its supplier in non-taxable territory;(b) the intermediary involved in the supply does not authorise the charge to the customer or take part in its charge which is that the intermediary neither collects or processes payment in any manner nor is responsible for the payment between the non-taxable online recipient and the supplier of such services;45(c) the intermediary involved in the supply does not authorise delivery; and (d) the general terms and conditions of the supply are not set by the intermediary involved in the supply but by the supplier of services(2) the supplier of online information and database access or retrieval services referred to in sub-section (1) shall, for payment of integrated tax, take a single registration under the simplified registration scheme to be notified by the government:5provided that any person located in the taxable territory representing such supplier for any purpose in the taxable territory shall get registered and pay integrated tax on behalf of the supplier:provided further that if such supplier does not have a physical presence or does not have a representative for any purpose in the taxable territory, he may appoint a person in the taxable territory for the purpose of paying integrated tax and such person shall be liable for payment of such tax10 chapter vi refund of integrated tax to international tourist1515 the integrated tax paid by tourist leaving india on any supply of goods taken out of india by him shall be refunded in such manner and subject to such conditions and safeguards as may be prescribedrefund of integrated tax paid on supply of goods to tourist leaving indiaexplanation––for the purposes of this section, the term "tourist" means a person not normally resident in india, who enters india for a stay of not more than six months for legitimate non-immigrant purposes chapter vii zero rated supply20zero rated supply16 (1) "zero rated supply" means any of the following supplies of goods or services or both, namely:––(a) export of goods or services or both; or25(b) supply of goods or services or both to a special economic zone developer or a special economic zone unit (2) subject to the provisions of sub-section (5) of section 17 of the central goods and services tax act, credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply(3) a registered person making zero rated supply shall be eligible to claim refund under either of the following options, namely:––30(a) he may supply goods or services or both under bond or letter of undertaking, subject to such conditions, safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of unutilised input tax credit; or35(b) he may supply goods or services or both, subject to such conditions,safeguards and procedure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied,in accordance with the provisions of section 54 of the central goods and services tax act or the rules made thereunder chapter viii apportionment of tax and settlement of funds4017 (1) out of the integrated tax paid to the central government,––apportionment of tax and settlement of funds(a) in respect of inter-state supply of goods or services or both to an unregisteredperson or to a registered person paying tax under section 10 of the central goods and services tax act;45(b) in respect of inter-state supply of goods or services or both where theregistered person is not eligible for input tax credit;(c) in respect of inter-state supply of goods or services or both made in a financial year to a registered person, where he does not avail of the input tax credit within the specified period and thus remains in the integrated tax account after expiry of the due date for furnishing of annual return for such year in which the supply was made;5(d) in respect of import of goods or services or both by an unregistered person or by a registered person paying tax under section 10 of the central goods and services tax act;(e) in respect of import of goods or services or both where the registered person is not eligible for input tax credit;10(f) in respect of import of goods or services or both made in a financial year by a registered person, where he does not avail of the said credit within the specified period and thus remains in the integrated tax account after expiry of the due date for furnishing of annual return for such year in which the supply was received, the amount of tax calculated at the rate equivalent to the central tax on similar intra-state supply shall be apportioned to the central government15(2) the balance amount of integrated tax remaining in the integrated tax account in respect of the supply for which an apportionment to the central government has been done under sub-section (1) shall be apportioned to the,––(a) state where such supply takes place; and20(b) central government where such supply takes place in a union territory: provided that where the place of such supply made by any taxable person cannot be determined separately, the said balance amount shall be apportioned to,––(a) each of the states; and (b) central government in relation to union territories,25in proportion to the total supplies made by such taxable person to each of such states or union territories, as the case may be, in a financial year:30provided further that where the taxable person making such supplies is not identifiable, the said balance amount shall be apportioned to all states and the central government in proportion to the amount collected as state tax or, as the case may be, union territory tax, by the respective state or, as the case may be, by the central government during the immediately preceding financial year(3) the provisions of sub-sections (1) and (2) relating to apportionment of integrated tax shall, mutatis mutandis apply to the apportionment of interest, penalty and compounding amount realised in connection with the tax so apportioned35 40(4) where an amount has been apportioned to the central government or a state government under sub-section (1) or sub-section (2) or sub-section (3), the amount collected as integrated tax shall stand reduced by an amount equal to the amount so apportioned and the central government shall transfer to the central tax account or union territory tax account, an amount equal to the respective amounts apportioned to the central government and shall transfer to the state tax account of the respective states an amount equal to the amount apportioned to that state, in such manner and within such time as may be prescribed45(5) any integrated tax apportioned to a state or, as the case may be, to the central government on account of a union territory, if subsequently found to be refundable to any person and refunded to such person, shall be reduced from the amount to be apportioned under this section, to such state, or central government on account of such union territory, in such manner and within such time as may be prescribed18 on utilisation of credit of integrated tax availed under this act for payment of,––transfer of input tax credit5(a) central tax in accordance with the provisions of sub-section (5) of section49 of the central goods and services tax act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and the central government shall transfer an amount equal to the amount so reduced from the integrated tax account to the central tax account in such manner and within such time as may be prescribed;10(b) union territory tax in accordance with the provisions of section 9 of theunion territory goods and services tax act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and the central government shall transfer an amount equal to the amount so reduced from the integrated tax account to the union territory tax account in such manner and within such time as may be prescribed;15(c) state tax in accordance with the provisions of the respective state goodsand services tax act, the amount collected as integrated tax shall stand reduced by an amount equal to the credit so utilised and shall be apportioned to the appropriate state government and the central government shall transfer the amount so apportioned to the account of the appropriate state government in such manner and within such time as may be prescribed20explanation––for the purposes of this chapter, "appropriate state" in relationto a taxable person, means the state or union territory where he is registered or is liable to be registered under the provisions of the central goods and services tax act2519 (1) a registered person who has paid integrated tax on a supply considered byhim to be an inter-state supply, but which is subsequently held to be an intra-state supply, shall be granted refund of the amount of integrated tax so paid in such manner and subject to such conditions as may be prescribedtax wrongfully collected and paid to central government or state government30(2) a registered person who has paid central tax and state tax or union territory tax,as the case may be, on a transaction considered by him to be an intra-state supply, but which is subsequently held to be an inter-state supply, shall not be required to pay any interest on the amount of integrated tax payable chapter ix miscellaneous3520 subject to the provisions of this act and the rules made thereunder, the provisions of central goods and services tax act relating to,––(i) scope of supply;application of provisions of central goods and services tax act(ii) composite supply and mixed supply; (iii) time and value of supply; (iv) input tax credit;40(v) registration;(vi) tax invoice, credit and debit notes; (vii) accounts and records; (viii) returns, other than late fee; (ix) payment of tax;45(x) tax deduction at source;(xi) collection of tax at source; (xii) assessment; (xiii) refunds; (xiv) audit;5(xv) inspection, search, seizure and arrest; (xvi) demands and recovery; (xvii) liability to pay in certain cases; (xviii) advance ruling; (xix) appeals and revision;10(xx) presumption as to documents; (xxi) offences and penalties; (xxii) job work; (xxiii) electronic commerce; (xxiv) transitional provisions; and15(xxv) miscellaneous provisions including the provisions relating to theimposition of interest and penalty,shall, mutatis mutandis, apply, so far as may be, in relation to integrated tax as they apply in relation to central tax as if they are enacted under this act:20provided that in the case of tax deducted at source, the deductor shall deduct tax at the rate of two per cent from the payment made or credited to the supplier:provided further that in the case of tax collected at source, the operator shall collect tax at such rate not exceeding two per cent, as may be notified on the recommendations of the council, of the net value of taxable supplies:25provided also that for the purposes of this act, the value of a supply shall include any taxes, duties, cesses, fees and charges levied under any law for the time being in force other than this act, and the goods and services tax (compensation to states) act, if charged separately by the supplier:30provided also that in cases where the penalty is leviable under the central goods and services tax act and the state goods and services tax act or the union territory goods and services tax act, the penalty leviable under this act shall be the sum total of the said penalties21 import of services made on or after the appointed day shall be liable to tax under the provisions of this act regardless of whether the transactions for such import of services had been initiated before the appointed day:import of services made on or after the appointed day35provided that if the tax on such import of services had been paid in full under the existing law, no tax shall be payable on such import under this act:provided further that if the tax on such import of services had been paid in part under the existing law, the balance amount of tax shall be payable on such import under this act40explanation––for the purposes of this section, a transaction shall be deemed to have been initiated before the appointed day if either the invoice relating to such supply or payment, either in full or in part, has been received or made before the appointed daypower to make rules22 (1) the government may, on the recommendations of the council, by notification,make rules for carrying out the provisions of this act45(2) without prejudice to the generality of the provisions of sub-section (1), the government may make rules for all or any of the matters which by this act are required to be, or may be, prescribed or in respect of which provisions are to be or may be made by rules(3) the power to make rules conferred by this section shall include the power to give retrospective effect to the rules or any of them from a date not earlier than the date on which the provisions of this act come into force(4) any rules made under sub-section (1) may provide that a contravention thereof shall be liable to a penalty not exceeding ten thousand rupees5power to make regulations23 the board may, by notification, make regulations consistent with this act and the rules made thereunder to carry out the provisions of this act 10laying of rules, regulations and notifications1524 every rule made by the government, every regulation made by the board andevery notification issued by the government under this act, shall be laid, as soon as may be, after it is made or issued, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or in the notification, as the case may be, or both houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be20removal of difficulties25 (1) if any difficulty arises in giving effect to any provision of this act, thegovernment may, on the recommendations of the council, by a general or a special order published in the official gazette, make such provisions not inconsistent with the provisions of this act or the rules or regulations made thereunder, as may be necessary or expedient for the purpose of removing the said difficulty: 25provided that no such order shall be made after the expiry of a period of three yearsfrom the date of commencement of this act(2) every order made under this section shall be laid, as soon as may be, after it is made, before each house of parliament statement of objects and reasonspresently, article 269 of the constitution empowers the parliament to make law on the taxes to be levied on the sale or purchase taking place in the course of inter-state trade or commerce accordingly, parliament had enacted the central sales tax act, 1956 for levy of central sales tax on the sale taking place in the course of inter-state trade or commerce the central sales tax is being collected and retained by the exporting states2 the crucial aspect of central sales tax is that it is non-vatable, ie the credit of this tax is not available as set-off for the future tax liability to be discharged by the purchaser it directly gets added to the cost of the goods purchased and becomes part of the cost of business and thereby has a direct impact on the increase in the cost of production of a particular product further, the fact that the rate of central sales tax is different from the value added tax being levied on the intra-state sale creates a tax arbitrage which is exploited by unscrupulous elements3 in view of the above, it has become necessary to have a central legislation, namely, the integrated goods and services tax bill, 2017 the proposed legislation will confer power upon the central government for levying goods and services tax on the supply of goods or services or both which takes place in the course of inter-state trade or commerce the proposed legislation will remove both the lacunas of the present central sales tax besides being vatable, the rate of tax for the integrated goods and services tax is proposed to be more or less equal to the sum total of the central goods and services tax and state goods and services tax or union territory goods and services tax to be levied on intra-state supplies it is expected to reduce cost of production and inflation in the economy, thereby making the indian trade and industry more competitive, domestically as well as internationally it is also expected that introduction of the integrated goods and services tax will foster a common or seamless indian market and contribute significantly to the growth of the economy4 the integrated goods and services tax bill, 2017, inter alia, provides for the following, namely :—(a) to levy tax on all inter-state supplies of goods or services or both except supply of alcoholic liquor for human consumption at a rate to be notified, not exceeding forty per cent as recommended by the goods and services tax council (the council);(b) to provide for levy of tax on goods imported into india in accordance with the provisions of the customs tariff act, 1975 read with the provisions contained in the customs act, 1962;(c) to provide for levy of tax on import of services on reverse charge basis under the proposed legislation;(d) to empower the central government to grant exemptions, by notification or by special order, on the recommendations of the council; (e) to provide for determination of the nature of supply as to whether it is an inter-state or an intra-state supply;(f) to provide elaborate provisions for determining the place of supply in relation to goods or services or both;(g) to provide for payment of tax by a supplier of online information and database access or retrieval services;(h) to provide for refund of tax paid on supply of goods to tourist leaving india; (i) to provide for apportionment of tax and settlement of funds and for transfer of input tax credit between the central government, state government and union territory;(j) to provide for application of certain provisions of the central goods and services tax act, 2017, inter alia, relating to definitions, time and value of supply, input tax credit, registration, returns other than late fee, payment of tax, assessment, refunds, audit, inspection, search, seizure and arrest, demands and recovery, appeals and revision, offences and penalties and transitional provisions, in the proposed legislation; and(k) to provide for transitional transactions in relation to import of services made on or after the appointed day 5 the notes on clauses explain in detail the various provisions contained in the integrated goods and services tax bill, 20176 the bill seeks to achieve the above objectivesnew delhi;arun jaitleythe 23rd march, 2017 notes on clausesclause 1 provides for short title, extent and commencement of the proposed act clause 2 defines various terms and expressions used in the proposed act clause 3 provides for appointment of commissioners and other class of officers as may be required for carrying out the purposes of the proposed actclause 4 provides for authorisation of state tax and union territory tax officers, subject to certain exceptions and conditions as shall be notified by the central government on recommendations of the council, to be proper officers for the purposes of the proposed actclause 5 provides for levy and collection of integrated tax on all inter-state supplies of goods or services or both except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 of the central goods and services tax act at a rate not exceeding forty per cent it further provides that integrated tax on goods imported into india shall be levied and collected under section 3 of the customs tariff act, 1975, at the time and in the manner in which customs duty shall be collected under the provisions of the customs act, on a value as determined under the provisions of the customs tariff act this clause also provides that —(i) integrated tax on the supply of petroleum crude, high speed diesel, motor spirit (commonly known as petrol), natural gas and aviation turbine fuel to be levied with effect from a date notified by the central government on the recommendations of the council;(ii) the central government to notify categories of supply of goods or services or both, the tax on which shall be paid on reverse charge basis by the recipient of such goods or services or both, on the recommendations of the council;(iii) the integrated tax in respect of the supply of taxable goods or services or both by a supplier, who is not registered, to a registered person shall be paid by such person on reverse charge basis;(iv) the central government may notify categories of services, the tax on inter-state supplies of which shall be paid by the electronic commerce operator if such services are supplied through it, on the recommendations of the council clause 6 confers powers on central government to exempt either absolutely or conditionally goods or services or both of any specified description from the whole or part of the integrated tax, on the recommendations of the council this clause also confers powers on the central government to exempt from payment of tax any goods or services or both, by special order, on which tax is leviable on the recommendations of the councilclause 7 provides for instances where a supply of goods or services or both will be considered as inter- state supplyclause 8 provides for instances where a supply of goods or services or both will be considered as intra- state supplyclause 9 provides for supplies made in territorial waters to be deemed to be made in the states or union territories where the nearest point of the appropriate baseline is locatedclause 10 provides for the place of supply for all supplies of goods other than those goods which are imported into or exported out of indiaclause 11 provides for the place of supply for all supplies of goods which are imported into or exported out of indiaclause 12 provides for the place of supply for all supplies of services where location of supplier and recipient is in indiaclause 13 provides for the place of supply for all supplies of services where location of supplier or location of recipient is outside indiaclause 14 provides for deeming the supplier of services located in non-taxable territory to be liable to pay tax on the online information and database access or retrieval services by any person located in a non-taxable territory and received by a non- taxable online recipientclause 15 provides for refund of integrated tax paid on supply of goods to tourists leaving indiaclause 16 provides for zero rating of certain supplies namely exports and supplies made to special economic zone unit or special economic zone developer and the manner of zero ratingclause 17 provides for apportionment of integrated tax and settlement of funds between the central and state governmentclause 18 provides for utilisation of credit of integrated tax availed under the proposed act for payment of central tax, union territory tax or state taxclause 19 provides for refund of integrated tax in situations where inter-state supplies are subsequently held to be intra-state suppliesclause 20 provides for application of specific provisions of the central goods and services tax act to the proposed actclause 21 provides that all import of services made on or after the appointed day will be liable to integrated tax regardless of whether the transactions for such import of services had been initiated before the appointed dayclause 22 confers powers on the central government to make rules for carrying out the provisions of the proposed act on recommendation of the councilclause 23 confers powers on the board to make regulations for carrying out the provisions of the proposed actclause 24 provides for laying of rules, regulations and notifications made by the central government before each house of the parliamentclause 25 confers powers on the central government to make such provisions not inconsistent with the provisions of the proposed act or the rules or regulations by a general or special order, on the recommendations of the council within a period of three years from the date of commencement of the proposed act financial memorandumclauses 17 and 18 of the bill provides for apportionment of tax and settlement of funds and for transfer of input tax credit between the central government, state government and union territory2 clause 20 of the bill provides for application of provisions of the central goods and services tax bill, 2017 relating to appeals, advance ruling and anti-profiteering so authorities under the central goods and services tax act will be utilised for the purposes of the proposed legislation thus there will be no extra financial expenditure under this bill3 the total financial implications in terms of recurring and non-recurring expenditure involved in carrying out the various functions under the bill would be borne by the central government most of the existing officers and staff of the central board of excise and customs would be used for carrying out the various functions under the bill however, it is not possible to estimate the exact recurring and non-recurring expenditure from the consolidated fund of india at this stage memorandum regarding delegated legislationclause 22 of the integrated goods and services tax bill seeks to empower the central government to make rules, inter alia, in the following matters, namely:—(a) collection of taxes under section 5; (b) determination of place of supply under section 10; (c) apportionment of value of supply of services when the immovable property or boat or vessel is located in more than one state or union or when the leased circuit is installed in more than one state or union territory or when the event is held in more than one state or union territory or for advertisement services under section 12; (d) the place of supply of services referred to in section 13 when they are supplied in more than one state or union territory under that section; (e) conditions and safeguards for refund of integrated tax paid on supply of goods to tourist leaving india under section 15; (f) procedure and safeguards for supply of goods or services under bond or on payment of integrated tax and then taking refund under section 16; (g) manner in which apportionment of tax and settlement of funds will take place under section 17; (h) manner and time in which input tax credit will be transferred under section 18; (i) manner in which tax wrongfully collected and paid to central government or state government is to be refunded under section 19; and (j) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules 2 clause 23 of the bill empowers the board to make regulations to provide for any matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by regulations3 the matters in respect of which the said rules and regulations may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character———— a billto make a provision for levy and collection of tax on inter-state supply of goods or servicesor both by the central government and for matters connected therewith or incidental thereto————(shri arun jaitley, minister of finance and corporate affairs) the integrated goods and services tax bill, 2017 [to be/as introduced in lok sabha]1 page (i), line 27,- for "recepient" read "recipient" page (i), line 28,- for "receipient" read "recipient" page 6, line 39,- for "that state" read " that state or union territory" page 8, line 29,- 2 3 4 for "amusemen" read "amusement" 3 new delhi; march 27, 2017______ chaitra 4, 1938 (saka) | Parliament_bills | 824c7e5e-8daa-5953-bfc3-a9dbf088f480 |
bill no 4 of 2016 the constitution (amendment) bill, 2016 byshri pp chaudhary, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— statement of objects and reasonsthe 73rd and 74th constitutional amendments passed by parliament in 1992 introduced local self-governance throughout the territory of india the constitution (73rd amendment) act, 1992 and the constitution (74th amendment) act, 1992 come into force on 24 april, 1993 and 1 june, 1993, respectivelythese amendments added two new parts to the constitution, namely:—(i) part ix titled "the panchayats" adding articles 243 to 243o dealing with panchayats; and(ii) part ixa titled "the municipalities" adding articles 243p to 243 zg dealing with municipalityhence fulfilling one of the directive principles of state policy with respect to article 40, that is, 'organisation of village panchayats' and accomplishing the vision and intent of the framers of our constitution to ensure self government at the lowest organisational levels of governancearticles 243g and 243w prescribe the powers, authorities and responsibilities, etc of panchayats and municipalities, respectively the eleventh and twelfth schedule to the constitution define the matters in respect of which schemes for economic development and social justice are to be implemented by panchayats with regards to article 243g and by municipalities with regard to article 243w, respectively the constitution, hence, deals with panchayats and municipalities in a great detail the 73rd and 74th constitutional amendments substantially changed the constitution and the manner in which representation of the citizens, governance and devolution of powers in the nation was to be conductedhowever, while monumental in themselves, the amendments failed to change the qualifications for the election of the vice-president of the union of indiaarticle 66(4) states that a person shall not be eligible for election as vice-president if he holds any office of profit under the government of india or government of any state or under any local or other authoritythe inclusion of panchayats and municipalities as separate and distinct bodies in the constitution as established by the 73rd and 74th constitutional amendments requires their inclusion as a disqualification under office of profit for election to the office of vice-president this is because the second highest office in the nation should not be influenced in any manner by any authority in the discharge of his dutiesin view of the above, the proposed amendment bill seeks to include the panchayats and municipalities as distinct bodies rather than their present inclusion under 'any local or other authority' as offices of profit for election to the office of the vice-presidenthence, it has become expedient to introduce the words "or institution of self government" within article 66(4) of the constitutionnew delhi;pp chaudharynovember 13, 2015 annexureextract from the constitution of india 66 (1) election of vice-president(4) a person shall not be eligible for election as vice-president if he holds any office of profit under the government or the government of any state or under any local are other authority subject to the control of any of the said governments lok sabha———— a billfurther to amend the constitution of india————(shri pp chaudhary, mp)gmgipmrnd—2817ls(s-3)—22022016 | Parliament_bills | 473c40a0-a7f9-5cfe-b9d0-3663ca460c7c |
the indian institute of petroleum and energy bill, 2017—————— arrangement of clauses—————— clauses1 short title and commencement 2 declaration of indian institute of petroleum and energy as an institution of nationalimportance3 definitions 4 incorporation of institute 5 constitution of board of governors 6 term of office of, vacancies among, and allowances payable to, members of board 7 vesting of properties 8 effect of incorporation of institute 9 functions of institute10 powers of board 11 institute to be open to all races, creeds and classes 12 teaching at the institute 13 visitor 14 authorities of institute 15 constitution of general council16 powers and functions of general council 17 senate 18 functions of senate 19 president of board 20 director 21 registrar 22 powers and duties of other authorities and officers 23 grants by central government 24 fund of institute 25 setting-up of endowment fund 26 budget of institute 27 accounts and audit 28 annual report 29 pension, provident fund, etc 30 authentication of orders and instruments of institute (ii) clauses31 appointments 32 statutes 33 statutes how made 34 ordinances 35 ordinances how made 36 conduct of business by authorities of institute 37 tribunal of arbitration 38 acts and proceedings not to be invalidated by vacancies 39 grant of degrees, etc, by institute 40 sponsored schemes 41 control by central government 42 resolution of differences 43 power to remove difficulties 44 transitional provisions 45 statutes, ordinances and notifications to be published in the official gazette and tobe laid before parliament bill no 111 of 2017 the indian institute of petroleum and energy bill, 2017 a billto declare the institution known as the indian institute of petroleum and energy to be aninstitution of national importance and to provide for its incorporation and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the indian institute of petroleum and energy act, 2017short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint, and different dates may be appointed for different provisions of this act102 whereas the objects of the institution known as the indian institute of petroleum and energy, vishakhapatnam, andhra pradesh are such as to make the institution one of national importance, it is hereby declared that the institution known as the indian institute of petroleum and energy is an institution of national importancedeclaration of indian institute of petroleum and energy as an institution of national importancedefinitions3 in this act, unless the context otherwise requires,—(a) "appointed day" means the date appointed under sub-section (2) of section 1for coming into force of this act;(b) "board" means the board of governors of the institute constituted under sub-section (1) of section 5;5 (c) "chairperson" means the chairperson of the general council; (d) "director" means the director of the institute appointed under section 20; (e) "fund" means the fund of the institute to be maintained under section 24;10(f) "general council" means the general council constituted under sub-section (1)of section 15;(g) "institute" means the indian institute of petroleum and energy incorporated under section 4;(h) "president" means the president of the board appointed under clause (a) of sub-section (1) of section 5;15(i) "registrar" means the registrar of the institute referred to in section 21; (j) "senate" means the senate of the institute referred to in section 17; (k) "society" means the indian institute of petroleum and energy society, vishakhapatnam, andhra pradesh registered under the andhra pradesh societies registration act, 2001; andandhra pradesh act 35 of 200120(l) "statutes" and "ordinances" mean, respectively, the statutes and ordinances of the institute made under this actincorporation of instituteandhra pradesh act 35 of 2001254 the indian institute of petroleum and energy, vishakhapatnam, andhra pradesh,an institution registered under the andhra pradesh societies registration act, 2001, shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue and be suedconstitution of board of governors305 (1) with effect from such date as the central government may, by notification in theofficial gazette, appoint, there shall be constituted by the central government for the purposesof this act, a board to be known as the board of governors consisting of the following members, namely:—(a) the president to be appointed by the central government in such manner as may be provided by the statutes:provided that the first president shall be appointed by the central government on such terms and conditions as it deems fit, for a period not exceeding six months from the date the first statutes comes into force;35(b) the director of the institute, ex officio;(c) two persons from the board of directors of the promoting companies to be nominated by the central government40explanation—for the purposes of this clause, promoting companies mean those companies contributing to the endowment fund referred to in section 25;(d) one professor of the indian institute of science, bangalore to be nominated by the director of that institute;(e) five eminent experts in the field of petroleum technology, renewable and nonrenewable energy covering the entire hydrocarbon value chain having specialised knowledge or operational experience in respect of education, research, engineering45and technology to be nominated by the general council, in consultation with the director of the institute; ( f ) two professors of the institute to be nominated by the senate of the institute; and5(g) one representative of the graduates of the institute to be nominated by theexecutive committee of the alumni association(2)the registrar of the institute shall act as the secretary of the board (3)the board shall ordinarily meet four times during a calendar year106 (1) save as otherwise provided in this section, the term of office of the president or any other member of the board, other than ex officio members, shall be three years from the date of his appointment or nomination thereto(2) an ex officio member shall cease to be a member of the board as soon as he vacates the office by virtue of which he is a member of the boardterm of office of, vacanciesamong, andallowances payable to, members of board(3) the term of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated15(4) notwithstanding anything contained in this section, an outgoing member shall, unless the central government otherwise directs, continue in office until another person is nominated as a member in his place20(5) the members of the board shall be entitled to such allowances, if any, from theinstitute, as may be provided for in the statutes, but no member other than the member referred to in clause (f) of section 5 shall be entitled to any salaryvesting of properties7 on and from the appointed day and subject to the other provisions of this act, all properties which had vested in the society immediately before that day, shall, on and from that day, vest in the institute8 on and from the appointed day,—25effect of incorporation of institute(a) any reference to the society in any contract or other instrument shall bedeemed as a reference to the institute;(b) all the rights and liabilities of the society shall be transferred to, and be therights and liabilities of, the institute309 the institute shall perform the following functions, namely:—functions of institute(i) nurture and promote quality and excellence in education and research in thearea of petroleum and hydrocarbons and energy;35(ii) provide for programmes and courses of instruction and research leading tothe award of the bachelors, masters and doctoral degrees in engineering and technology, management, sciences and arts in the area of petroleum and hydrocarbons and energy;40(iii) grant, subject to such conditions as the institute may determine, degrees,diplomas, certificates or other academic distinctions or titles at various academic levels to candidates who have attained the prescribed standard of proficiency as judged on the basis of examination or on any other basis of testing and evaluation and to withdraw any such degrees, diplomas, certificates or other academic distinctions or titles for good and sufficient reasons;(iv) confer honorary degrees or other distinctions and to institute and awardfellowships, scholarships, exhibitions, prizes and medals;45(v) lay down standards of admission to the institute through an examination orany other method of testing and evaluation;(vi) manage the content, quality, design and continuous evaluation of its academic and research programmes in a manner that earns accreditation of an international stature;5(vii) promote research and development for the benefit of oil, gas and petrochemical industry and the energy sector through the integration of teaching and research;(viii) foster close educational and research interaction through networking with national, regional and international players in the oil, gas and petrochemical industry and the energy sector;10(ix) co-operate with educational and research institutions in any part of theworld having objects wholly or partly similar to those of the institute by exchange of teachers and scholars, conduct of joint research, undertaking sponsored research and consultancy projects, etc;15(x) organise national and international symposia, seminars and conferences inthe area of petroleum and hydrocarbons and energy;(xi) establish, maintain and manage halls, residences and hostels for students and to lay down conditions for residing in the halls and hostels;20(xii) supervise, control and regulate the discipline of all categories of employees of the institute and to make arrangements for promoting their health and general welfare;(xiii) supervise and regulate the discipline of students and to make arrangements for promoting their health, general welfare and cultural and corporate life;(xiv) frame statutes and to alter, modify or rescind the same;(xv) deal with any property belonging to or vested in the institute in suchmanner as the institute may deem fit for advancing its objects;25(xvi) receive gifts, grants, donations or benefactions from the central government and the state governments and to receive bequests, donations, grants and transfers of movable or immovable properties from testators, donors, transferors, alumni, industry or any other person;30(xvii) borrow money for the purposes of the institute with or without securityof the property of the institute;(xviii) integrate new technology in the classroom to encourage student-centriclearning strategies and the development of an attitude for learning;35(xix) develop and maintain an information resource centre of print and non-printknowledge resources in the field of petroleum sector covering the entire hydrocarbon value chain as well as other related areas of energy, science and technology;(xx) provide for further education to the working professionals and other employees of the institute in the advanced areas of technology relating to oil, gas, complete hydrocarbon value chain and energy;40(xxi) offering customised programmes that serve the current and ongoing needs of working professionals for continuing education at the cutting-edge of petroleum and energy sector at the campus of the institute or at company site;(xxii) encouraging industry to sponsor their staff to join the institute for higher degrees and work on problems that interest the sponsoring industry thus helping develop deeper interactions and a research environment in the industry;45(xxiii) fostering the creation of new basic knowledge and applied technology and its active transmission to companies for the benefit of the nation and for this purpose establishing an intellectual property rights cell to patent the new developments made at the institute and to license them nationally and internationally;5(xxiv) being proactive in supporting the skill development programmes of thegovernment of india by training people in various related areas by way of certificate and diploma courses at the campus of the institute or at other locations and involving industry in design and conduct of curricula;(xxv) giving broad focus to the functioning of the institute in the area of petroleumand petroleum related technologies under the wide umbrella of energy; and (xxvi) doing all such things, not specifically covered above, as may be necessary,incidental or conducive to the attainment of all or any of the objects of the institute10powers of board10 (1) subject to the provisions of this act, the board shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall exercise all the powers not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the senate(2) without prejudice to the provisions of sub-section (1), the board shall—15(a) take decisions on questions of policy relating to the administration andworking of the institute;(b) lay down policy regarding the duration of the courses, nomenclature of thedegrees and other distinctions to be conferred by the institute;20(c) institute courses of study and to lay down standards of proficiency andother academic distinctions in respect of the courses offered by the institute;(d) lay down policy regarding the cadre structure, qualification, the method ofrecruitment and conditions of service of the teaching and research faculty as well as other employees of the institute;25(e) guide resource mobilisation of the institute and to lay down policies forinvestment;(f) consider and approve proposals for taking loans for purposes of the institutewith or without security of the property of the institute;(g) frame statutes and to alter, modify or rescind the same;30(h) consider and pass resolutions on the annual report, the annual accounts andthe budget estimates of the institute for the next financial year as it thinks fit together with a statement of its development plans;(i) create academic, administrative, technical and other posts and to makeappointments thereto and to provide avenues for their growth and development;35(j) examine and approve the development plans of the institute and the financialimplications of such plans;(k) examine and approve the annual operation and capital budget estimates ofinstitute for the next financial year and to sanction expenditure within the limits of the approved budget;40(l) receive gifts, grants, bequests, donations or benefactions and transfer ofmovable or immovable properties from the central government and the state governments and from testators, donors, or transferors, as the case may be, and to have custody of the funds of the institute;(m) fix, demand and receive fees and other charges;45(n) to sue and defend all legal proceedings on behalf of the institute; and(o) do all such things as may be necessary, incidental or conducive to the attainment of all or any of the aforesaid powers (3) the board shall have the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this act5(4) the board shall have the power to establish campus and academic centres at any place within or outside india:provided that no campus or academic centre shall be established outside india without the prior approval of the central government10(5) notwithstanding anything contained in section 4, the board shall not dispose of in any manner, any immovable property of the institute without prior approval of the central government(6)the board may, through a specific resolution to this effect, delegate any of its powers and duties to the president, director, any officer or any authority of the institute subject to reserving the right to review the action that may be taken under such delegated authority15institute to be open to all races, creeds and classes11 (1) the institute shall be open to persons of either sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting students, appointing teachers or employees or in any other connection whatsoever20(2) no bequest, donation or transfer of any property shall be accepted by the institute which in the opinion of the board involves conditions or obligations opposed to the spirit and object of this sectionteaching at the institute2512 all teaching and other academic activities at the institute shall be conducted by or in the name of the institute in accordance with the statutes and the ordinances made in this behalf13 (1) the president of india shall be the visitor of the institutevisitor(2) the visitor may appoint one or more persons to review the work and progress of the institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may direct30(3) upon receipt of any such report, the visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the institute shall be bound to comply with such directions14 the following shall be the authorities of the institute, namely:—authorities of institute(a) the general council;35(b) the board of governors;(c ) the senate; and (d) such other authorities as may be declared by the statutes to be the authorities of the institute40constitution of general council15 (1) with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be constituted, for the purposes of this act, a body to be known as the general council(2) the general council shall consist of the following members, namely:—(a) the secretary, ministry of petroleum and natural gas in the central government, ex officio, who shall be the chairperson;45(b) the chairman, indian oil corporation limited, ex officio;(c) the chairman and managing director, hindustan petroleum corporationlimited, ex officio;(d) the chairman and managing director, oil and natural gas corporation,ex officio;5(e) the chairman and managing director, gas authority of india limited,ex officio;(f) the director general of hydrocarbons, ex officio;(g) the principal advisor (energy), niti aayog, ex officio;(h) the executive director, oil industry safety directorate, ex officio;10(i) the director, indian institute of science, bangalore, ex officio;(j) the director, indian institute of chemical technology, hyderabad, ex officio; (k) the secretary, oil industry development board, ex officio;(l) the president of the board, ex officio; (m) the director of the institute , ex officio; and15(n) persons, not less than two but not exceeding four, representing the privateentities in the field of petroleum sector operating in the country, to be nominated by the chairperson(3) the registrar of the institute shall be the ex officio secretary of the general council20(4) the chairperson shall have the power to invite any person who is not a member ofthe general council to attend its meeting but such invitee shall not be entitled to vote16 subject to the provisions of this act, the general council shall have the following powers and functions, namely:—powers and functions of general council25 (a) review from time to time the broad policies and programmes of the instituteand to suggest measures for the improvement, development and expansion of the institute thereof;(b) consider the annual statement of accounts including a balance-sheet togetherwith the audit report thereto and the observations of the board of governors thereon and to suggest improvements in fiscal management of the institute;30(c) review and evaluate overall quality and effectiveness of the institute and toadvise measures for improvement of performance and for confidence-building between the institute and its stakeholders;(d) provide credibility, aura, connectivity and contacts for the institute especiallywith regard to student placement and resource mobilisation;35(e) advise the institute and its board in respect to new cutting edge areas oftechnology in the domain of energy and hydrocarbon development including oil, gas, renewable and non-renewable energy, etc, that the institute needs to pursue, as well as in respect of any other matter referred to it by the board for advice; and40(f) advise the institute and its board in respect of the advanced areas oftechnology in the field of petroleum sector covering the entire hydrocarbon value chain as well as in respect of any other matter that may be referred to it for advice by the boardsenate17 the senate of the institute shall be the principal academic body and its composition shall be such as may be provided by the statutesfunctions of senate18 subject to the provisions of this act, the statutes and the ordinances, the senateshall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes5president of board19 (1) the president shall ordinarily preside at the meetings of the board and at theconvocations of the institute(2) it shall be the duty of the president to ensure that the decisions taken by the boardare implemented10(3) the president shall exercise such other powers and perform such other duties asmay be assigned to him by this act or the statutesdirector20 (1) the director of the institute shall be appointed by the central government insuch manner and on such terms and conditions as may be provided by the statutes:15provided that the first director shall be appointed by the central government on suchterms and conditions as it deems fit, for a period not exceeding one year from the date the first statutes come into force(2) the director shall be the principal academic and executive officer of the instituteand shall be responsible for the proper administration and academic performance of the institute and for imparting of instruction and maintenance of discipline therein20(3) the director shall submit annual reports and accounts to the board (4) the director shall exercise such other powers and perform such other duties asmay be assigned to him by this act, the statutes or the ordinancesregistrar2521 (1) the registrar of the institute shall be appointed in such manner and on suchterms and conditions as may be provided by the statutes and shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the board shall commit to his charge(2) the registrar shall act as the secretary of the general council, the board, thesenate and such committees as may be provided by the statutes30(3) the registrar shall be responsible to the director for the proper discharge of hisfunctions(4) the registrar shall exercise such other powers and perform such other duties asmay be assigned to him by this act, the statutes or by the director22 the powers and duties of authorities and officers, other than those hereinbeforementioned, shall be determined by the statutespowers and duties of other authorities and officers35grants by central government 23 for the purpose of enabling the institute to discharge its functions efficientlyunder this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute such sums of money and in such manner as it may think fit24 (1) the institute shall maintain a fund to which shall be credited—fund of institute(a) all moneys provided by the central government;40(b) all fees and other charges; (c) all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and(d) all moneys received by the institute in any other manner or from any other source (2) all moneys credited to the fund shall be deposited in such banks or invested in such manner as may be decided by the board5(3) the fund shall be applied towards meeting the expenses of the institute includingexpenses incurred in the exercise of its powers and discharge of its duties under this act25 notwithstanding anything contained in section 24, the institute may,—setting-up of endowment fund(a) set-up an endowment fund and any other fund for a specified purpose; and (b) transfer money from its fund to the endowment fund or any other fund10budget ofinstitute26 the institute shall prepare in such form and at such time every year a budget inrespect of the financial year next ensuing showing the estimated receipts and expenditure of the institute and shall forward to the central government such number of copies thereof as may be provided by the statutesaccounts and audit1527 (1) the institute shall maintain proper accounts and other relevant records andprepare an annual statement of accounts, including the balance-sheet, in such form as may be prescribed by the central government in consultation with the comptroller and auditor- general of india(2) the accounts of the institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india20 25(3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor- general of india has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute(4)the accounts of the institute as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament30annual report28 the institute shall prepare for every year a report of its activities during that yearand submit the report to the central government in such form and on or before such date as may be provided by the statutes and a copy of this report shall be laid before both houses of parliament within one month of its receipt35pension, provident fund, etc29 (1) the institute shall constitute for the benefit of its employees, including thedirector, such pension, insurance and provident fund scheme as it deems fit, in such manner and subject to such conditions as may be provided by the statutes19 of 192540(2) where any such provident fund has been so constituted, the central governmentmay declare that the provisions of the provident funds act, 1925 shall apply to such fund as if it were a government provident fundauthentication of orders and instruments of institute30 all orders and decisions of the institute shall be authenticated by the director orany other member authorised by the institute in this behalf and all other instruments shall be authenticated by the signature of the director or such officers as may be authorised by the instituteappointments4531 all appointments of the staff of the institute, except that of the director shall bemade in accordance with the procedure laid down in the statutes,—(a) by the board, if the appointment is made on the academic staff in the post ofassistant professor or above or if the appointment is made on the non-academic staffin any cadre, the maximum of the pay scale for which is the same or higher than that of assistant professor; and(b) by the director, in any other casestatutes32 subject to the provisions of this act, the statutes may provide for all or any of thefollowing matters, namely:—5(a) the formation of departments of teaching and other academic units; (b) the institution of fellowships, scholarships, exhibitions, medals and prizes;10(c) the classification of posts, term of office, method of appointment, powers andduties and other terms and conditions of service of the officers of the institute including the president, the director, the registrar, and such other officers as may be declared as officers of the institute by the statutes;(d) the classification, the method of appointment and the determination of theterms and conditions of service of officers, teachers and other staff of the institute;(e) the reservation of posts for the scheduled castes, the scheduled tribes andother categories of persons as may be determined by the central government;15(f) the form in which and the time at which the budget and reports shall beprepared by the institute;(g) the form of annual report;20(h) the constitution of pension, insurance and provident funds for the benefit ofthe officers, teachers and other staff of the institute;(i) the constitution, powers and duties of the other authorities of the institutereferred to in clause (d) of section 14;(j) the delegation of powers;25(k) the code of conduct, disciplinary actions thereto for misconduct includingremoval from service of employees on account of misconduct and the procedure for appeal against the actions of an officer or authority of the institute;(l) the conferment of honorary degrees; (m) the establishment and maintenance of halls, residences and hostels;(n) the authentication of the orders and decisions of the board; and30(o) any other matter which by this act is to be, or may be, provided by thestatutesstatutes how made33 (1) the first statutes of the institute shall be framed by the central governmentand a copy of the same shall be laid, as soon as may be after it is made, before each house of parliament35(2)the board may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereafter in this section provided(3) a new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the general council who may assent thereto or withhold assent or remit it to the board for consideration40(4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the general councilordinances34 subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matters, namely:—(a) the admission of the students to the institute;(b) the reservation for the scheduled castes, the scheduled tribes and othercategories of persons;(c) the courses of study to be laid down for all degrees, diplomas and certificatesof the institute;5(d) the conditions under which students shall be admitted to the degree, diplomaand certificate courses and to the examinations of the institute and the eligibility conditions for awarding the same;(e) the conditions of award of the fellowships, scholarships, exhibitions, medalsand prizes;10(f) the conditions and manner of appointment and duties of examining bodies,examiners and moderators;(g) the conduct of examinations; (h) the maintenance of discipline among the students of the institute;15(i) the fees to be charged for courses of study at the institute and for admissionto the examinations;(j) the conditions of residence of students of the institute and the levying of thefees for residence in the halls and hostels and of other charges; and(k) any other matter which by this act or the statutes is to be, or may be,provided for by the ordinances35 (1) the first ordinance of the institute shall be framed by the central government20ordinances how made(2) save as otherwise provided in this section, ordinances shall be made by thesenate25(3) all ordinances made by the senate shall have effect from such date as it may direct,but every ordinance so made shall be submitted, as soon as may be, to the board and shall be considered by the board at its next succeeding meeting(4) the board shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be30conduct of business by authorities of institute36 the authorities of the institute may have their own rules of procedure, consistentwith the provisions 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 ordinancestribunal of arbitration3537 (1) any dispute arising out of a contract between the institute and any of itsemployees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitor(2) the decision of the tribunal of arbitration shall be final (3) no suit or proceeding shall lie in any court in respect of any matter which is required by sub-section (1) to be referred to the tribunal of arbitration(4) the tribunal of arbitration shall have power to regulate its own procedure40(5) nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section38 no act of the institute or the general council or board or senate or any other body set-up under this act or the statutes, shall be invalid merely by reasons of—(a) any vacancy in, or defect in the constitution thereof, oracts and proceedings not to be invalidated by vacancies(b) any defect in the election, nomination or appointment of a person acting as amember thereof, or5(c) any irregularity in its procedure not affecting the merits of the case3 of 1956grant of degrees, etc, by institute39 notwithstanding anything in the university grants commission act, 1956 or inany other law for the time being in force, the institute shall have power to grant degrees and other academic distinctions and titles under this act10sponsored schemes40 notwithstanding anything in this act, whenever the institute receives funds fromany government, the university grants commission or any other agency including industry sponsoring a research scheme, a consultancy assignment, a teaching programme or a chaired professorship or a scholarship, to be executed or endowed at the institute,—(a) the amount received shall be kept by the institute separately from the fundof the institute and utilised only for the purpose of the scheme; and15(b) the staff required to execute the same shall be recruited in accordance withthe terms and conditions stipulated by the sponsoring organisation:provided that any money remaining unutilised under clause (a) shall be transferredto the endowment fund created under section 252041 the institute shall carry out such directions as may be issued to it from time to timeby the central government for the efficient administration of this actcontrol by central government resolution of differences42 if in, or in connection with, the exercise of its powers and discharge of itsfunctions by the institute under this act, any dispute or difference arises between the institute and the central government, the decision of the central government thereon shall be final25power to remove difficulties43 (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 or give such directions not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:30provided that no such order shall be made after the expiry of two years from theappointed day(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament44 notwithstanding anything contained in this act,—transitional provisions35(a) the board of governors of the society functioning as such immediately before the commencement of this act shall continue to so function until a new board is constituted for the institute under this act, but on the constitution of a new board under this act, the members of the board holding office before such constitution shall cease to hold office; and40(b) until the first statutes and the ordinances are made under this act, the statutes and the ordinances of the indian institute of petroleum and energy society, as in force, immediately before the commencement of this act, shall continue to apply to the institute insofar as they are not inconsistent with the provisions of this act45 (1) every statute and every ordinance made or notification issued under this act shall be published in the official gazette5statutes, ordinances and notifications to be published in the official gazette and to be laid before parliament10(2) every statute and every ordinance made or notification issued under this act shallbe 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, ordinance or notification or both houses agree that the statute, ordinance or notification should not be made or issued, the statute, ordinance or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or notification15(3) the power to make the statutes, ordinances or notifications shall include thepower to give retrospective effect from a date not earlier than the date of commencement of this act, to the statutes, ordinances, notifications or any of them but no retrospective effectshall be given to any statute, ordinance or notification so as to prejudicially affect the interests of any person to whom such statute, ordinance or notification may be applicable statement of objects and reasonsin pursuance of the commitment of the government of india to establish a petroleum university in the successor state of andhra pradesh as per the andhra pradesh reorganisation act, 2014, it has been decided to set-up the indian institute of petroleum and energy in visakhapatnam district of andhra pradesh the institute is expected to be a domain-specific energy institute that will serve as the fountain-head for nurturing world class technical human resources capable of serving as leaders and innovators in the field of petroleum technology and energy2 the institute will provide high quality education and conduct advance research in all aspects relating to the conventional hydrocarbons at the same time, as the energy sector evolves and the non-conventional hydrocarbons as well as new sources, like, liquefied natural gas, biofuels and renewables gain market share, the institute will actively pursue research and development in these fields in order to strive for and maintain a leadership position in the indian and global energy arena the curriculum of the institute is proposed to be a specialised one and would include advanced programmes at the post-graduate and doctoral level3 accordingly, the indian institute of petroleum and energy bill, 2017, inter alia, proposes to—(a) establish the institute of petroleum and energy and declare it as an institution of national importance;(b) provide for constitution of the board of governors which shall be responsible for the general superintendence, direction and control of the affairs of the institute;(c) provide for a general council of the institute, inter alia, to review from time to time the broad policies and programmes of the institute and suggest measures for the improvement, development and expansion of the institute;(d) confer power upon the central government to frame the first statutes and first ordinances of the institute and thereafter, the board may make new or additional statutes or amend or repeal the statutes, and the senate to have the power to make ordinances;(e) provide for tribunal of arbitrator consisting of one member appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitor, to decide any dispute arising out of a contract between the institute and any employee of the institute 4 the notes on clauses explain in detail the various provisions of the bill 5 the bill seeks to achieve the above objectsdharmendra pradhan new delhi;the 23rd june, 2017 notes on clausesclause 2 seeks to declare the indian institute of petroleum and energy as an institution of national importanceclause 3 defines the various expressions used in the bill clause 4 provides for the establishment of the indian institute of petroleum and energyclause 5 provides for the constitution of the board of governors clause 6 provides for the term of office of, vacancies among and allowances payable to the members of the boardclause 7 provides that on and from the appointed day, all properties which had vested in the society shall vest in the instituteclause 8 provides for the effect of incorporation of the institute in respect of the rights, liabilities and employees of the instituteclause 9 lays down the various functions of the institute in respect of promotion of quality and excellence in education and research in the area of petroleum and hydrocarbons and energy and other related mattersclause 10 enumerates the various powers and functions of the board of governorsthe powers of the board, inter alia, include the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under the bill, the power to establish campus and academic centres at any place within india and with the prior approval of the central government, establish any campus or academic centre outside indiaclause 11 provides that the institute shall be open to persons of either sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing students, teachers or employees or in any other connection whatsoever sub-clause (2) also provides that no bequest, donation or transfer of any property shall be accepted by the institute which in the opinion of the board involves conditions or obligations opposed to the spirit and object of this clauseclause 12 provides that all teaching and other academic activities at the institute shall be conducted by or in the name of the institute in accordance with the statutes and ordinances made in this behalfclause 13 provides that the president of india shall be the visitor of the institute sub-clause (2) also empowers the visitor to appoint one or more persons to review the work and progress of the institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may directclause 14 enumerates various authorities of the institute such as the general council, the board of governors, the senate and such other authorities as may be declared by the statutes to be the authorities of the instituteclause 15 provides for the constitution and composition of the general councilsub-clause (2) provides that the chairperson of the council shall be the secretary, ministry of petroleum and natural gas in the central government sub-clause (4) empowers the chairperson to invite any person who is not a member of the council to attend a meeting of the council but such invitee shall not be entitled to vote at such a meetingclause 16 provides for the powers and functions of the general council clause 17 provides that the senate of the institute shall be the principal academic body and its composition shall be such as may be provided by the statutesclause 18 provides that the senate of the institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutesclause 19 provides for the duties, powers and functions of the president of the boardclause 20 makes provision for the appointment, functions and powers of the director of the instituteclause 21 makes provision for the appointment, functions and powers of the registrarclause 22 provides that the powers and duties of other authorities and officers shall be determined by the statutesclause 23 provides that the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as it may think fitclause 24 provides that the institute shall maintain a fund where all moneys provided by the central government, all fees and other charges, all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers and all moneys received by the institute in any other manner or from any other source shall be creditedclause 25 provides for creation of an endowment fund and any other fund for a specified purposeclause 26 provides that the institute shall prepare in such form and at such time every year a budget in respect of the financial year next ensuing showing the estimated receipts and expenditure of the institute and shall forward to the central government such number of copies thereof as may be provided by the statutesclause 27 provides that the institute 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 by the central government in consultation with the comptroller and auditor-general of india sub-clause (4) also provides that the accounts of the institute as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliamentclause 28 provides that the institute shall prepare for every year a report and its activities during that year and submit the report to the central government in such form and on or before such date as may be provided by the statutes and copy of this report shall be laid before both houses of parliament within one month of its receiptclause 29 requires the institute to constitute pension, insurance and provident fund schemes for the benefit of its employeesclause 30 provides that all orders and decisions of the institute shall be authenticated by the director or any other member authorised by the institute in this behalf and all other instruments shall be authenticated by the signature of the director or such officers as may be authorised by the instituteclause 31 provides that all appointment of the staff of the institute, except that of the director, shall be made in accordance with the procedure as may be laid down in the statutesclause 32 provides for various matters on which the statutes may be framed subject to the provisions of the billclause 33 provides that the first statutes of the institute shall be framed by the central government and a copy of the same shall be laid as soon as may be before each house of parliament sub-clause (2) provides that the board may, from time to time, make new or additional statutes or may amend or repeal the statutes with the previous approval of the general council, who may assent thereto or withhold assent or remit it to the board for considerationclause 34 provides for various matters in respect of which the ordinances may be framed subject to the provisions of the billclause 35 provides that the first ordinance of the institute shall be framed by the central government sub-clause (2) provides that the ordinances shall be made by the senate and sub-clause (3) provides that such ordinances shall be submitted, as soon as may be, to the board and shall be considered by the board at its next succeeding meeting sub-clause (4) provides that the board shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may beclause 36 provides that the authorities of the institute may have their own rules and procedure consistent with the provisions of the bill, 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 bill, the statutes or the ordinancesclause 37 provides that any dispute arising out of a contract between the institute and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitorclause 38 provides for circumstances under which the act of the institute or the general council or board or senate or any other body set-up under the bill or the statutes, shall not be declared invalidclause 39 empowers the institute to grant degrees and other academic distinctions and titlesclause 40 provides that funds received for specific assignments or sponsored projects shall be kept separately from the fund of the institute and utilised only for the purpose of such specific assignments or sponsored projects and the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisationclause 41 provides that the institute shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of the billclause 42 provides that in case any dispute or difference arises between the institute and the central government, the decision of the central government thereon shall be finalclause 43 empowers the central government to remove by order any difficulty that may arise in giving effect to the provisions of the bill, within a period of two years from the appointed day and every such order shall be laid, as soon as may be after it is made, before each house of parliamentclause 44 relates to transitional provisions the clause provides that the board of governors of the society functioning as such immediately before the enactment of the bill shall continue to so function until a new board is constituted for the institute under the new enactment, but on the constitution of a new board the members of the board holding office before such constitution shall cease to hold office similarly, until the first statutes and the ordinances are made on the enactment of the proposed bill, the statutes and the ordinances of the indian institute of petroleum and energy society, as in force, immediately before such enactment, shall continue to apply to the institute insofar as they are not inconsistent with the provisions of the billclause 45 requires all statutes, ordinances and notifications to be published in the official gazette and to be laid before each house of parliament financial memorandumclause 4 of the bill provides for the establishment of the indian institute of petroleum and energy at visakhapatnam in andhra pradesh2 clause 23 of the bill provides that the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute such sums of money and in such manner as it may think fit clause 25 of the bill provides that the institute may set-up an endowment fund and any other fund for a specified purpose and may transfer money from its fund to the endowment fund or any other fund3 the establishment of the institute involves total capital expenditure of 65546 crore rupees and an endowment fund of 400 crore rupees (200 crore rupees from budgetary support and 200 crore rupees from five oil public sector undertakings) around half of the interest accruing from endowment fund of 400 crore rupees will be utilised to meet the deficit against the recurring expenses and remaining recurring expenses will be met through students fees, donations and other earnings of the institute such as research and development, consultancies, students placement fees, etc4 the year-wise requirement of budgetary support is as under:| year | capital expenditure | endowment fund ||-----------------|-----------------------|------------------|| (in rs crores) | (in rs crores) | || 2016-2017 | 19619 | 6666 || 2017-2018 | 13323 | 6666 || 2018-2019 | 10196 | 6668 || 2019-2020 | 9232 | - || 2020-2021 | 7164 | - || 2021-2022 | 5596 | - || 2022-2023 | 416 | - || total | 65546 | 20000 |5 the bill does not involve any other expenditure of a recurring or non-recurring nature memorandum regarding delegated legislationsub-clause (1) of clause 33 of the bill empowers the central government to frame the first statutes of the institute clause 32 provide for matters in respect of which statutes may be made, which, inter alia, include matters relating to the formation of departments of teaching and other academic units, the institution of fellowships, scholarships, exhibitions, medals and prizes, the classification of posts, terms of office, method of appointments, powers and duties and other terms and conditions of service of the officers of the institute including the president, the director and the registrar, the code of conduct, etc, of employees of the institute, the conferment of honorary degrees, the establishment and maintenance of the residences and hostels and the authentication of the orders and decisions of the board sub-clause (2) of clause 33 of the bill empowers the institute, from time to time, to make new or additional statutes or to amend or repeal the statutes2 clause 35 of the bill empowers the senate to make ordinances clause 34 provide for matters in respect of which the ordinances may be made, which, inter alia, include the admission of the students to the institute, the courses of study to be laid down for all degrees, diplomas and certificates of the institute, the conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the institute and eligibility conditions for awarding the same, the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes, the conduct of examinations, the fees to be charged for courses of study at the institute and for admission to the examinations, the conditions of residence of students of the institute and the levying of the fees for residence in the halls and hostels and of other charges3 clause 45 of the bill provides for every statute and ordinance to be laid, as soon as may be after it is made, before each house of parliament4 the matters in respect of which the statutes and ordinances may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character———— a billto declare the institution known as the indian institute of petroleum and energy to be aninstitution of national importance and to provide for its incorporation and for matters connected therewith or incidental thereto———— | Parliament_bills | a284ea58-005f-5da8-9f89-f207ffbc9ec4 |
bill no 5 of 2013 the national commission for youth bill, 2013 by shri bhausaheb r wakchaure, mp a billto provide for the setting up of a national commission for youth for their overall development and for matters connected therewithbe it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the national commission for youth act, 2013 (2) it extends to the whole of indiashort title, extent and commencement2 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) "commission" means the national commission for youth set up under section 3;5(iii) "prescribed" means prescribed by rules made under this act; and (iv) "youth" means any person who has attained the age of eighteen years but is not above the age of forty years 3 (1) the central government shall, by notification in the official gazette, set up a national commission for youth10national commission for youth(2) the commission shall consist of:—(i) a chairperson having special knowledge in the field of youth affairs, to be appointed by the central government; and(ii) such number of other members having such qualification as may be prescribed15(3) the conditions of service, salaries and allowances of chairperson and other members of the commission shall be such as may be prescribed4 the central government shall make available such number of officers and staff including experts to the commission as may be required for its efficient functioningcentral government to provide officers and staff for the commission205 the commission shall—functions of the commission(i) formulate a national policy for the overall development of youth in the country;25(ii) perform such functions in regard to formulation and implementation of schemes for the welfare of youth as may be assigned to it by the appropriate government; and(iii) undertake such other functions as may be assigned to it by the central government 6 (1) the central government shall constitute a fund to be known as the youth development fund to implement the provisions of this actyouth development fund30(2) the central government and the state governments shall contribute to the fund in such ratio as may be prescribedpower to make rules7 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act35 40(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonseven after six decades of independence, no clear-cut policy for the overall development of youth has been formulated in our country so far today, youth of our country are facing many problems this include, problems relating to education, poverty, nutrition, self-employment, vocational training, health, etc there is no institutional mechanism to harness their potential and channelise their energy for the betterment of the country there is no proper planning for comprehensive development of the youth the plight of youth belonging to the scheduled castes, the scheduled tribes and other backward classes (obcs) is even worse apart from all the problems mentioned above, youth belonging to these categories also have to face social ostracisationwe need to instill a sense of belonging among the youth by providing them all opportunities for their all-round development so that they can contribute to the progress of the country to their full potential the facilities should be provided as a matter of right and not as privilege employment should be guaranteed to the youth the youth should be linked directly with the production process the disparities between the rural and urban youth should be eliminated in a phased manner steps taken in this direction will not only uplift the conditions of the youth but will also create a better society leading to a civilized and strong nation a comprehensive youth policy through the national commission for youth, for their all-round development is, therefore, need of the hourthe bill seeks to achieve the above objectivesnew delhi;bhausaheb r wakchaurenovember 15, 2012 financial memorandumclause 3 of the bill provides for the setting up of a national commission for youthclause 4 provides that the central government shall make available necessary officers and staff for the efficient functioning of the commission clause 6 provides for constitution of a youth development fund the bill, therefore, if enacted, is likely to involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees two hundred fifty crore will be involveda non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the setting up of a national commission for youth for their overall development and for matters connected therewith————(shri bhausaheb r wakchaure, mp)gmgipmrnd—4614ls(s3)—08-02-2013 | Parliament_bills | 8d794997-e249-5f82-8172-58fd27eac8f6 |
the (luminal law amendment (amendment) biljl, 1965 -··a--· , billfurther to 4mem the criminal l4w amendment act, 195! bs it enacted by parliament in the sixteenth year of the bepubl1e of iilclia as follows:-l this act may be called the criminal law amendment (ameod- ::" ment) act, 1965 e 48 of 1802 5 2 in sub-section (3a) of section 8 of the criminal law amend- amedd-' ment act, 1952 (hereinafter 'referred to 88 the principal act), for the =: word and ftgures "section 350", the words and ft~ "aect1ona·350 and 549" shall be substituted 3 after section 10 01 the principal act, the following section ,sball iueruoa lobe inserted, and shall be deemed always to have been idserted, :!c: 11 nameiy:-- "11 (1) nothing in this act shall affect the jurisdiction a- kllftut, erciseable by, or the' procedure applicable to, any court or other :~ autlaority under eny mllitary, naval or air force law lawi dot toba ~ lz) °for the removal of doubts it ii hereby declared that for the puipoaes of any such jaw---'-u---'-referred-to --bi-~tlon---(1), the court of the special judge shad be deemed to be a court of ordinary crtmtnal justice u va11da-" no trial or other proceeding held or taken before, and no t- 5 uaa add enee paued by a court-martial or any other authority under ad1 1dd1llllrlt7 military, naval dr air force law before the commencement of the criminal law amendment (ameddment) act, 1965, aha1l be cal'led in question in any court merely on the grouncl that the court-martial or other authority had no jprisdiction by virtut; (ii the proviaiona of' 10 the criminal law amendment act, 1952, and allluch trials, proceed-48 of 1- inga and sentences shall, notwithstanding any judgment or order of any court, be as valid and operative as if they bad been he1d, taken or passed in accordance with law; and accordingly no iult or other legal proceeding shall be maintained or continued agaldst any per_ 015 ion whatev,r on the ground that any 81lch tr1al, proceeding or ii!iltence waa not held taken or pused in accordance with law - undc"mcuon'7(1) 'of the ~~~ l,w amendment act, 1952, notwithatandinc anything ~ontalned pl the co4e of crlvynal proced\ire or in any other law the o~ces apeclfl~ in section 8(1) of the ·act are trialile to' apeclal,jud,e8 onlf in the ijght of tilt jud~~ of the supreme court in kajor e g baraay v state 01 bombay -(aia 1981 sc 1'182), tile view hu been taken :t" '-:; 'i;h~ exoluaive , jurudiction conferred upon the special judge by section 7(1) of the ac~··wou1cl ~:tm blal ~ "~utia1 gr other atttborlty of an;· tbit factaot whioh- aie iuch as to constltute ad· oftedee ', ufl4w'· 11 -8(11 'of th· act~ "the ';e9i on whleh" the military autbarltlll )lavebhn ,rooeedfng 10 far, however, lj that the j~ dietkiaa ai thja r~ ia ooileuihnt it hai,' tberefon, become nec __ sary to amedd the act 10 ii to ~ a new' ~od therein, u froftl , -tiler b"me'!l(w"r"'~ the act, 'to · ve the jmdsdjetton ~le by a court-martial or other authority under the army, navy and air force acta and to validate the trlals held, proceed1nga taken and i8dtences paned by courts-martial and other competent authorities l'he bll fa idtended ~to aclueve the above objects new d&m; jaisukhlal hatiu the 25th n~"', 1_ - - - , ~ - , - " - - , ~ : (i),' - - ' - - " , \ - - - " , prooedure an poyen of lp8daj jud , ~ _ - ' ~ "'" 6 ' ,' , - (3a) in particular" and without prejudice to, the generality of the proviaiodl cod~ in sub-section (3), the prov'lsiodii of lectiod 8&0 of the code of criminal proc~ure, 1898, shall, 80 faru may be i' of 188a apply to ~: proceedings before a special judge, and for the puipol of tbe:j8lc:t p~~i0d8 a ~ial judp shall be deemed to be a map , +-+ "" ' , ~ ,"",,~ ':1 ,i:"' - • ~ •• ~ 40 - -- " - • ' ': ': ~ ;: ,,' a' ~ ;'~ "" • " ~ - ~ ,'~ - -; ,1", •• '"' " ,t " ~ : - : l·:j·'''··;-:-~'''''·' - • : & , '" •••• , -;,;-----~-----a bill farther to smead the crimiaa1 law amendment act, 1952 -, " (shri 'ililf:llurlal hathi minuter of stats in 1m ¥inutry of h dim aj/air,) | Parliament_bills | 4430135f-45b9-5f6b-8423-a87c1f0e7723 |
bill no 106 of 2011 the appropriation (no 4) bill, 2011 abillto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2011-12 be it enacted by parliament in the sixty-second year of the republic of india as follows:—short title1 this act may be called the appropriation (no 4) act, 2011issue of rs 63180,24,00,000 out of the consolidated fund of india for the financial year 2011-12the schedule( see sections 2 and 3 )| 1 | 2 | 3 ||-----------------------------------------------|------------------------------------------------------------------|--------------------|| no | sums not exceeding | || of | services and purposes | voted by || vote | parliament | consolidated fund || rs | rs | rs || 1 | department of agriculture and cooperation revenue | 1,00,000 || 3 | department of animal husbandry, dairying and | || fisheries revenue | 2,00,000 | || 4 | atomic energy revenue | 1,00,000 || capital | 1,00,000 | || 6 | department of chemicals and petrochemicals revenue | 199,74,00,000 || 7 | department of fertilisers revenue | 13778,93,00,000 || 8 | department of pharmaceuticals revenue | 1,00,000 || 10 | ministry of coal capital | 70,00,00,000 || 11 | department of commerce revenue | 15,05,00,000 || 12 | department of industrial policy and promotion revenue | 1,00,000 || 13 | department of posts revenue | 1,00,000 || capital | 1,00,000 | 9,58,00,000 || 15 | department of information technology revenue | 2,00,000 || 16 | department of consumer affairs revenue | 9,50,00,000 || capital | 4,76,00,000 | || 17 | department of food and public distribution revenue | 2297,52,00,000 || 19 | ministry of culture revenue | 3,00,000 || 20 | ministry of defence revenue | 1800,00,00,000 || 22 | defence services - army revenue | 3800,00,00,000 || 23 | defence services - navy revenue | 800,00,00,000 || 25 | defence ordnance factories revenue | || 1,90,00,000 | 1,90,00,000 | || 27 | capital outlay on defence services capital | || 29 | ministry of earth sciences revenue | 1,00,000 || 30 | ministry of environment and forests revenue | 4,00,000 || capital | 42,00,00,000 | || 31 | ministry of external affairs | capital || 32 | department of economic affairs revenue | 10,15,00,000 || capital | 507,78,00,000 | || 33 | department of financial services revenue | 500,01,00,000 || capital | 1,00,000 | || 35 | transfers to state and union territory governments revenue | 1500,01,00,000 || capital | | 1000,00,00,000 || 38 | department of expenditure revenue | 17,52,00,000 || 39 | pensions revenue | 1030,00,00,000 || 41 | department of revenue | 2,00,000 || 45 | ministry of food processing industries revenue | 1,00,000 || 46 | department of health and family welfare revenue | 5,00,000 || capital | 2,00,000 | || 47 | department of ayurveda, yoga and naturopathy, | || unani, siddha and homoeopathy (ayush) revenue | 2,00,000 | || 48 | department of health research revenue | 2,00,000 || 50 | department of heavy industry revenue | 1,00,000 || capital | 2,00,000 | || 52 | ministry of home affairs revenue | 3,00,000 || 53 | cabinet revenue | 34,76,00,000 || capital | 82,18,00,000 | || 54 | police revenue | 1500,01,00,000 || capital | 1,00,000 | 1,00,000 || 55 | other expenditure of the ministry of home affairs revenue | 4,00,000 || 57 | ministry of housing and urban poverty alleviation revenue | 2,00,000 || 58 | department of school education and literacy revenue | 3,00,000 || 59 | department of higher education revenue | 1,00,000 || 60 | ministry of information and broadcasting revenue | 23,34,00,000 || 61 | ministry of labour and employment revenue | 505,55,00,000 || 62 | election commission revenue | 8,27,00,000 || 65 | ministry of micro, small and medium enterprises revenue | 2,00,000 || 66 | ministry of mines capital | 92,49,00,000 || 1 | 2 | 3 ||--------------------------------------|-----------------------------------------------------------------|-----------------------------------------------------|| no | sums not exceeding | || of | services and purposes | voted by || vote | parliament | consolidated fund || 68 | ministry of new and renewable energy revenue | 162,80,00,000 || capital | 5,00,00,000 | || 69 | ministry of overseas indian affairs capital | 11,00,00,000 || 72 | ministry of personnel, public grievances and pensions revenue | || capital | 1,00,000 | || 73 | ministry of petroleum and natural gas revenue | 30000,00,00,000 || 75 | ministry of power revenue | 16,14,00,000 || capital | 2,00,000 | || c | | || harged | | || - staff, household and allowances | | || of the president | revenue | || 77 | lok sabha revenue | 6,00,00,000 || 81 | ministry of road transport and highways revenue | 300,01,00,000 || 85 | department of science and technology revenue | 1,00,000 || 87 | department of biotechnology revenue | 1,00,000 || 88 | ministry of shipping revenue | 1,00,000 || 89 | ministry of social justice and empowerment revenue | 2,00,000 || 92 | ministry of steel revenue | 119,81,00,000 || 93 | ministry of textiles revenue | 121,71,00,000 || capital | 88,18,00,000 | || 95 | ministry of tribal affairs revenue | 1,00,000 || 96 | andaman and nicobar islands revenue | 1,00,000 || capital | 1,00,000 | || 98 | dadra and nagar haveli revenue | 105,49,00,000 || 99 | daman and diu revenue | 86,00,00,000 || 100 | lakshadweep revenue | 10,50,00,000 || 101 | department of urban development revenue | 2,00,000 || capital | 3,00,000 | || 102 | public works revenue | 42,50,00,000 || 105 | ministry of women and child development revenue | 1950,02,00,000 || 106 | ministry of youth affairs and sports revenue | || 2,00,000 | | 2,00,000 || t | | || otal | | || | 62155,44,00,000 | 1024,80,00,000 || rs | rs | rs | statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year 2011-12pranab mukherjee ———— president's recommendation under article 117 of the constitution of india[copy of letter no 4(21)-b(sd)/2011, dated 24112011 from shri pranab mukherjee, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed bill 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 2011-12, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation (no 4) bill, 2011 in lok sabha and also the consideration of the bill lok sabha—————abillto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2011-12————— | Parliament_bills | dd052df6-31c5-58c0-9269-b463a4d29cab |
financial memorandumclause 3 of the bill provides for the setting up of a petrol pump workers welfare - fund for the welfare of petrol pump workers in the country it further provides that central government shall also contribute to the fund clause 4 provides for the setting up of a committee for administration of the fund the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one hundred crore per annum a non-recurring expenditure of about rupees one hundred crore per annum is also likely to be involved i memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character | Parliament_bills | 8815ee7d-1e11-5805-b176-c337363c56a8 |
btu moo 38 of 17 the appropriation (no 2) bill, 1087 4 billto at&tmruc i'avmetlt 4'ftd qprop~ of ccrt4ift further iumi fr(1lfl aftd out of the cbnioud4ted fum 01 i~ fo-r the service, of the llftgftci4i ", 198&-87 i - it adaeted by parliamej1t in the 'i'birty-egbth year of the republic of india as follows: -i - • _, i l this act may b called the appropriation (no2) act, 1087 8l2ort title l from and out ot the consolidated fund ot india there may be 5 paid ud applied sums not exceeding thole specifled in column 3 of the schedule ~t1ng in the a~gate to ~ lium of ~ thouund twenty-five crone, nine lakh, • an4 e1even ~ouland rupees towards de~yin, the ~ chargeswhlch will· come in course of payment d~a the financial year igm-87 m respeet of the services specified m 10 eolunm 3 of the schedule ll111e 01b1 4025,ot 11,000 - out of the cod-8cludatlcl j'ud4 ofld4!a for , 1 , 3: the aums authorihd to be" paid andawlied from <d out of the coq)ndated li'und of idcda by thie act shall be appropriated tor the 1c'viee and purpoees expreued in the schedule in relation to the aid yr -:! ---_no 0( sums not exl1oec1ina voeo voted by i p rliament 5 total charaed od the consolidated fund rs r!: i rs 1 10 54,60,000 department of alri i culture and co-" operation - revenue i 54,60,000 2 57,oopl,ooo ail'iculture i rovenue ' 57,00,00,000 7,19,f»,000 3 fisheries capital :7,79,oo,cxxj (j department of aaricultural reaearch alld education revenue t 1,43,000 1 payments to' indian i "- cowx:il of aaticul-i aural lt8iearch " revenue • ~ 4,27,26,000 8 department of rural development revenue,,: 15,64,000 capital - ),19,00,000 !) i department of ferti-, ii capital ' 34,00,00,000 &i • , 15,64000 20 i ,~;, 1',19,00,000 i: 34,00,00000 i 10 midistry of com·'··· morco - revojlllc " j , 32,00,000 ~ i - 11 foreip trade and i ' &port production revenue 1,84,91,59000 i~; 3"oo~"5 ~ , m :l4jl"«»' capital ls5,46,h000 2s54'm,odo - 74,53,cxxj 12 supplies and disposals revenue 74,5s,ooo so 124,40,00,000 124,40,00,000 15 postal serviilu revenlle 16 tolcoommunication 1000 sonioos capital 1,000 787ss,('jj) revenue 787,55,000 ministry of defence 17 t; " revenue" 136,01,80,000 dofonoe poddons 136p780,ooo 85 222,0800,000 dofenoo,servicol-~ re~enue 22166,78,000 i 4z~,ooo 18 l' 21 " iio,32,f»,~ derence serviccl-air i porlll ' - revenue , i 60,32,00,000 18,1300000 40 , 2000 \ capital outlay on decoded servicles - capita! ,:1 departmodt of power capital ~~ 2,000 -24 25 i dopartmedt or non-conventional energy i source!! - rcvcmjc 10,19,65,000 i / 10,1'65,000 -;--,----,------_ _---_,__------------| | | | -- | "--2 ||----------------------|---------------|--------------|----------|---------|| -"--'-r--- | | -- | | --- || --~----- | | | | || , | | | | || -- | | | | || __ | | | | || " | | | | || --- ;-~-""'-- | | | | || ------- | | | | || - | | | | || -- | -------- | | | || - - - | | | | || - | | | | || - | | | | || -- | | | | || sums | not | | | || ellceedin& | | | | || " | no | | | || of | | | | || ---_-- | | | | || ---------- | | | | || - | | | | || - - | | | | || - | | | | || - | | | | || - | -- | | | || services | and | | | || purposes | | | | || vote | | | | || voted | by | | | || parliament | | | | || g:~~:jhe | | | | || i | | | | || total | | | | || fund | | | | || -_ | | | | || | | | | || _------------- | | | | || --__ | | | | || | | | | || _ | | | | || | | | | || ----- | | | | || -------- | | | | || --------:-- | | | | || rs | | | | || rii | | | | || 26 | | | | || rs | | | | || " | | | | || , | | | | || ministry | or | | | || environ- | | | | || ment | and forests | revenue | | || 63,oc,ooo | | | | || 63,00,000 | | | | || forest and wild ure | | | | || revenue | | | | || 2,000 | | | | || 2,000 | | | | || 10 | | | | || 28 | | | | || 29 | | | | || ~~ | | | | || of | | | | || ~e~l) | re~ue | | | || '/ | | | | || 24,81,00,000 | | | | || 24,81,00,000 | | | | || ,1 | capital | 15,12,00,000 | | || 15,12,00,000 | | | | || 42,11,70,000 | 31 | | | || customs | | | | || " | revenue, | | | || 42,76,70,000 | | | | || 25,49,32,000, | | | | || 25,49,32000 | | | | || 32 | | | | || 15 | 33 | | | || union | bxcise | duties;, | | || revenue | | | | || 6,40,26000 | | | | || tuoa | on | income, | | || bstate | | | | || duty, | | | | || wealth , | ; | | | || tax | and | gift | tax | - || 6,40,26,000 | | | | || 26,47,000' | | | | || , | 28,19,000 | | | || u | | | | || stamps | | | | || revenue~ | | | | || 33,31,000: | | | | || , capital | | | | || 33,31,000 | | | | || audit | | | | || 25,06,44,000' | | | | || ~ | | | | || 35 | 25,43,75,000 | | | || revenue | \ | | | || i | | | | || 36 | | | | || revenue' | | | | || 39,000 | | | | || currency, | | | | || and | | | | || mint | | | | || 39,000 | | | | || 79,14,22,000' | | | | || '79,14,22,000 | | | | || revenue | | | | || pensions | | | | || ~, | | | | || 62,05,000 | | | | || 62,03,000 | | | | || opium atld alkaloid | | | | || factories:' | | | | || i | | ' | revorue· | || m,86,s2,000 | | | | || 39 | | | | || transrera' | | | | || to | | | | || state | | | | || governments | revenue: | | | || 252,86,52,000 | | | | || 800,00,00,000 | | | | || 800,oo,oo,ooti | | | | || craroo-11ii,es1 | | | | || payment' | | | | || ,,' | : | | | || revenue | | | | || go | | | | || 40 | other | expenditure: | :of | || the | | | | || ministry | of | | | || 10,17ixkj | | | | || financo | | | | || revenue | | | | || 70,77,000 | | | | || 15,00,00,000 | | | | || capital | | | | || 15,00,00,000 | | | | || 41 | | | | || loans | to | government | | || sanants, | etc - | | | || 34,58,00,000 | | | | || 581,74,54,000 | | | | || department of | food | | | || capital | | | | || 34,58,00,000 | | | | || i | | | | || capital | , | | | || ~81,74,s4,ooo | | | | || i | | | | || 51,01,00,00 | | | | || 43 | dopartmedt | | | || of | | | | || civil | | | | || supplies | | | | || revenue | | | | || 57,01,00,000 | | | | || midistn' | | | | || of health | | | | || , | '/,iloo | | | || and | | | | || family | | | | || welfare | | | | || revenue | | | | || i | | | | || 45 | | | | || 5,000 | | | | || medical | | | | || and | public | | | || hoajth | | | | || re~'enue | | | | || 40,01,000 | | | | || i | | | | || i | | | | || 5,000 | | | | || 9,08,90,000 | | | | || capital | | | | || 9,08,90,000 | | | | || 11,51,30,000 | | | | || 5 | family | welfare | | || revenue | | | | || 11,51,30,000 | | | | || 4,52,00,000 | | | | || 4,52,00,000 | | | | || mini,try | | | | || of | | | | || afi'ain | | | | || capital | | | | || j | | | | || home | | | | || revenue | | | | || 79,36,000 | | | | || i | | | | || 79,36008 | | | | || --'-'- | - | | | || ---------- | | | | || -------------- | | | | |no &lid piifpoiii voted bj i'arlilalcdt codioudated total pudci ila its 41 c1tiatt re¥odiio ]a~ooo 16834,000 , ~ r 1io,621'9qoo z,j9ooo 21064,1u'''o so ot~r alsldidistratiye i 10 ail 01dera1 ioryiodi i1gwililo i 202160000 20,2160000 capital "76 000 ii" •• s2 otber ~itaro or tba -m1alltrjofholde majn capital 91941,000 9l9~1,~ 53 ~i row'qiio 931165000 1111',000 9436,01000 15 capi&aj 322202000 32,a2,02000 54 aiiiiamad add hico-~,02,91,ooo bar hlades ~ 502,91000 s5 dadfa a1\4 napr iiajoii rci9ad1io 41'7oogo "110,000 izo ~ ~woep a-59;21,000 s927qoo capital t 21,04,000 i~,04,ooo 57 "'iftiltry or hamu "_1iiifco doweiop-15,00000 15 idoiil """'110 1500,000 sa! &11j;c&don re¥odue 10000 10,000 61 art aud culture reteiliio 2s,oo,03ooo 25 ,0003" 63 miois'" or iqdustry rowenllc ],0570,000 i,os,10,000 64 industries rowieq1io i 2000 j: 2,ci09 capital t 121 ,00,000 11 ,2l,oo,0i!q 30 6s ydlqo ancl sauall idiliistrie lle¥oduo 1,000 j,ooo 68 broadcutina ro¥edue 47,6695000 47,6695,000 70 la~l1l' and bmplo,· idmt kewedlio 65,32,89000 03289000 35 '2 a4mtnistratlon or jlistice b¥enae :12"um ~ 81,7j,ooo 13 l)opartnaent or parlia· i -tarj atrahs - bvedao 125000 1,25000 i '4 neprtmont of 40 touriim rmiluo 21400000 214,00000 1$ milliitry or ~oft· gel, mllc grievan· ce alii! pensions ileyell1le 4,'4,09,000 474,09,000 76 mijliatrj or petroleum 45 add natatal 01 rewmue 99100,000 9,91,00,000 77 plalulinj· reyedue 67,00,000 j 67,ooixmj sum dol exccdiq no ot 5 vole parliamedt tbe ooalol1 dated puad total senica !ond purpolcl i voted by i chilled oq 1------------ --------1---ill rs ri 71 statistics, roeduo 2,37,47,000 2,37,47,000 a 10 mldittry of ptopamme implementatiod ' rovodllo 10 dopartmedt of science q4 l'ecbdoao, rovejwo a,2d,ooq -~ a,qq9 1,1555 •• al swwy of lnc1ia re¥ellue i --l,is,55 •• 42,oo,ooo~ 4l,oo,oijd is 12 metoorololy revenue i 3 7,'7,00,000 department or scientitle add industrial llucarcb rc~nuc 49,39,00,000 department or steel reyeuuo ,,,7,00,_ "'3',,00ii capital ',30,00,000 145,14,37,000 ito 16 miniatry of textilos ' lloyenuo 1",14,37,000 52,97,60,_ capital 52'7,fiooao lle¥eldlo 3,&,gqd· 14,02,4ii,ooo 14,0246,000 25 89 5,oqq sooo capital port, lipthouses and ~ma '-- capital 5,96,01,000 avlatkm lloveduo 91 s,96,ol,cq, 92 14,00,oao ministry or urban development rewnue j4,oo,ooo 3,48,00,000 public works r~nuo 93 3,~~00!0 capital :z,q" 2,000" houil'ij and urban devel~t revenuo 1j,,",~, 1o,a7 jjp,9oe, capital 2,~,qodi» 2,10 •• ,000 9,30,00,000 96· stationery and printiua ro:nuc 9,lo,oo,cqd 130,16,16,oog ministry of water i resources ' ,lloyonuo,' uo,i6,16wl ~60,oo,ooo ministry of wolfare, capital i 35 97 , 9& 6io,00,ooo 4,20,000 99 department of atomic bnoi'ly royoiluo 4,20000 2,67,36,000 40 100 atomic bnoray re-_reb, development and industrial pr0-jects , revequo 217,36_ 28,01,04,000 21,oj,oc,oao 101 nuc:ioar power capital 482,44,000 412,44,0(1) 45 scbemo ' revenue 2,92,02,000 department or space revenue 104 2,92,0%,000 50 ~,3700e ciiauo"'-slqf! boil_did atttiaiio-if'tlllce o/ilte prel-mnl r~duc caaaoao-union prtbuc s",lce commlul statement of objectsand reasonsthis bill is introduced in pursuance of article 1la (1) of the conatitutton of india, read with article 115 thereof, to provide for the ap~ priatilon out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consoijdated fund of ~dia and the grants made by the lok sabha for expenditure of the 'central government, excluding railways, for the financial year 1988-87 b k gadhyl president's recommendation under article 117 of the constitution of india[copy of letter no f4(120)-b(se)/86 dated the 6th mareh 1987 from shri b k gadhvi, minister of state for finance (expenditure) to the secretary general, lok sabha] 'rile president, having been informed of the subject matter of the proposed bill to authorise appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year ending on the 31st day of march, 1987, recommends the introduction of the appropriation (no2) bill, 1987 in lok sabha and also recom-ulends to lok sabha the consioeration of the bill under article 117(1) and (3) of the constitution read with article 115 (2) thereof ai billto authorije payment and appropriation of certain further sums from and out of the conoudated fund of india for the services of the finanetal year 1888-87 (shri b k gadhoi, minister of state for j'ift4ftce ezopenditure) | Parliament_bills | b5425d13-6c5c-5254-b145-c2b7179d530d |
the appropriation (vote on account) bill, 1956(as introduced in iok sabra) the appropriation (vote on account) bill, 1956(as introduced in lok sabha) a bill to prooide for the withdrawcll of certain sums from and out of the consolidated fund of india for the sernice of a part of the financial year 1956-57 be it enacted by parliament in the seventh year of the republic of india as follows:-1 this act may be called the appropriation (vote on account) short title act, 1956 s 2 from snd out of the consolidated fund of india there may withdrawal be withdrawn sums not exceeding those specified in column 3 of of 08 ra the schedule amounting in the aggregate to the sum of three hund-lrs::n ~'= red and eighty-four crores, eight lakhs and forty-six thousand °v:e deonrupees towards defraying the several charges which will c9ipe in ~te of 10 course of payment during the financial year 1956-57 ~~aforal the l ncl year 1956-57 3 the sums authorised to be withdr~lwn from and out of the appropria-consolidated fund by this act shall be appropriated for the ser-' tion vices and purposes expressed in the schedule in relation to the said year tile schedule (s uctioru 2 tj1fil 3)~i 2 3 no suma dot cxceedidi of servicct and purpoaa -5 vote voted by characd on par1iameat the conloli-total dated fund ri ri ri 10 i midistry of coljullerce and ijldultty 298,000 2,98,000 2 id4uatriea 1,08,18,000 1,08,18,000 3 commercial intelligence and statistica ',76,000 ,76000 4 miac:e11aocoui ~mc:nta and 15 expenditure un er the miniluy of coidjdcrcc and induiuy 13,67,000 1367000 , midiauy of communicationa 1,38000 138,000 6 indian posta and te1~ha de-20 ~ (including ortiq ) 437,66,000 zljl,ooti 4'917,000 7 meteorololy i138,ooo 11,31,000 8 oftru commlldiced< service ·77,000 s4rot1o 9,31,000 9 aviation 3160,000 31,60,000 25 10 milc:cllaaeoua dep_tide" and ~1it\ll"c udder the minb-1,]8,000 138,000 uy of communicatiodl ii miniatry of defenc:c 284,00«) 284,000 12 dcferac:e sery:ica-bi'ectiye-12,,193,000 12, i ,93,000 30 army 13 defence sery:ica-bft'ective-navy 119,z6,ooo 1,19,26000 14 dcfeoce serrica-b1fccdve-ajz foice 4,o1,pooo 4,o1,,p,ooo 35 i, defence scrricei-non-bffec:tive chiqei 11,,27,000 1,1,,27,000 16 miacdl""'dal ~ the midiatry 0 defmcc under 18,000 18000 17 miniatry of education 39~,ooo 3,92,000 40 18 ~ 6094f000 6,94000 19 other sc:lieidk departments 2716,000 27,16,000 20 education 1,75,67,000 1,7,,67,000 sums dot exceedinb no services and purpoa voted by ~on of parliament s vote comolidated total fund -- ·ra ra ra 31 miscedaneoua deparuacou and expenditure under the minil-10 try of bducatioa 33,66,000 33,66,000 :u tribal areal 55,51,000 ",51,000 33 bxtemal affain 61197,000 61,97, 000 34 state of pondicheny 35,36,000 ~,poo 35,3b 000 3, miace11aneoul bqeodituie under is the ministry of extemal mfain 46,000 · 46, 000 36 miniltry of finance 11,33,000 · u,33, 000 37 cultold;l 38,86,000 38,86,000 38 union excise duties 54,87,000 r,p,9i,ooo 1,96,8,,000 39 taxes on income inc:luclina cor-20 poration tax and eatate duty 37,16,000 ropoo 37,36,000 30 opium 1,34,13,000 1,34,13,000 31 stampi 13048000 n,ooo ia,95, 000 33 pal:edtl to other governments, c:partmedtl, etc 13,000 · 13000 33 audit 7170,000 r,6o,ooo 7330,000 2s currency 20,84,000 34 30,36,000 jl,ooo 35 mint ii,ia,ooo ii, 12,000 36 territorial and political pensiqjll 3,64000 · 3,64,000 30 37 superannuation allowances and pensions 49,55000 j,oo,ooo '4,,,,000 38 miscellaneous departmentl and other expenditure under the 3,11,28,000 minlltry of finance 2,10,34,000 94,000 39 grants-in-aid to states 517,25,000 4,jr,jo,ooo 9,48,7,,000 35 40 mi,cdlaneoul adjustment, between the union and state governmentl 39,000 39,000 41 pre-partition paymentl 8,8i,000 j,eoo 8,84,000 chargiiid-intin" on dibt ani 40 otmr ~ tmd rtduditm or tififiidti1ru 01 dihi 904,66,000 ?,04,66,ooo voted by plrblmeat chte°n --------------,---------------i ____ ~ __ ~~_i,n-'--, no of vote --, ri ri codlolidited pwui total s -------\-----\-----ri 6,appoo 42 miniatry of pood and apiculture 6~9,ooo 34,81,000 24081,000 43 porest 44 apiculture 1,36ss,ooo 136,55,000 10 11,01,000 11,01,000 45 civil veterinary services 46 milc:euu2ous deputments iild other ~ture udder the midistry of pood and apiculture 483%,000 47 midistry of health 88000 48 medical service 3360,000 77,51,000 49 public health so miacejllaeoua expeaditurc udder the midiitry of health 795,000 20 7,95,000 : 18,62,000 si midistry of home atfiirs s2 cabinet - 2,75,000 14,00,000 18,62,000 2,75,000 14,oo,ocjo s3 delhi 1763,000 1763,000 s4 police 1,63,000 ss cerisus 1,63,000 2s 56 pri~ purses and aliowancea of indian rulers 68,000 1,36,37,000 ij$ 69000 20,13,000 57 an411!w\ and nicobar hland_ 1230,oao s8 kutch 1066,000 30 59 mmipur 1831,000 60 tripun 61 relliiodl with states 346,000 62 milcdllneoul deputmcntb idd ~ uu4u the midistry of home atfiin 63 minis1ry of information and broidcutidi 64 broidciltins | services | md ||------------------------------------------------------------|---------------|| purpolcl | voted || by | || paruament | || tot8j | || no | || of | || 5 | || vote | || cbarpdon | || the | || conaohdated | || pun4 | || --~----------------------+---------i-----------i---------- | || ri | || ri | || ri | || 10 | || 2137,000 | || 21,37,000 | || 6s | || miicellideoua | || departmmta | || ad | || exped4iture | || udder | || the | midie- || try | || of | 1dformatl0ll || md | broed- || caatina | || 81,000 | || 81,000 | || 66 | ministry || of | || iron | || ad | || steel | || 1,26,000 | || 1,26,000 | || 67 | minietry || irrlptioll | || and | || power | || 68 | || multi-purpose river | || schemes | || 895,000 | || 8,95,000 | || is | || 69 | || misce11meoua | || departmedta | || ad | || other expenditure | under || midiatry | || of | irrigation || and | || power | || 70 | ministry || of | labour || 20 | 71 || chief inspector | of || 72 | || milc:ellaneous | || departments | || ad | || bxpcdditure | || under | || the | || mini | || try | of || labour | || 32,07,000 | || 25 | || 17,68,000 | || 73 | employment || reaetdement | || and | || 9,000 | || 74 | civil defence || 7s | || ministry | || of | law || 23,19,000 | || 18,000 | || 8s,ooo | || 76 | || administration | of || 77 | || miscellaneous | || exdenditure under | || the | || ministry | || o(law | || 78 | ministry || ad | || scientific research | || 1,04000 | || 79 | || survey | || of | india || 80 | || botanical survey | || 35 | || 81 | || zoological | || survey | || 93000 | || 93,000 | || 13,08,000 | || 82 | || geoloajcal | survey || 13,08,000 | || 4>4 | || 6 | || ,000 | || 83 | || mh1es | || | || " | || b4 | || scientiftc research | || 28~~oo6 | || 8s | || ~~on | o~ || on | || ~d | n~tura1 || | |1 2 3 4 s - -sums dot ej:ceedida no services ane! purpori i voted by i ~od of parliament vote co~ated total 5 - ra re ra miec:edeneoua ~ udder 86 the mldlstry of natural reiourc:ea and sdcddftc reicuch 2,000 2,000 10 81 ,mjd1atry of production 2'%3,000 2,23,000 88 salt u,93,ooo 3',000 12,25,000 119 other orpniaatioda udder midlatry of pj:oduc:t1on the · 6497,000 6497,000 90 government coulma 3486,000 2,1',000 37,02,000 15 91 mjec:ej1tncna ~s and ~unaertbe~ try of productigll - 9,59,000 9,59000 93 miniatly of rehabilitation · 273,000 273,000 93 srmditure on displaced enodi - · · 1,18,50000 1'71,50,000 20 94 mjacel1adeous ~ull'cof under the rehabilitation · 1,000 1,000 9' miniatry of tranaport · 4,0,,000 4,os,000 25 96 poru and pllotqe · · 5,69,000 5,69,000 97 ijahthouacl and ~tsh1pt · 8,97,000 8,97,000 98 central1lold fund · - 45,39,000 45,39,000 99 communications (iddacimk national h!ahway) ' 46,33,000 46,33,000 30 roo ' mitceuancnw dcpartmegti and bxpcnditure under the miailuy of tranapon - - 3,66,000 11,66,000 joi minia:r; of wow, houam, and 35 supp - - - 4,77,000 4,77,000 102 supplies · · 1924,000 31000 19,55,000 103 other civil works - · · 1,63,24,000 '''',000 j ,65,46,000 104 stationery and printins · · 51,19,000 5j,ifj},ooo los mikellancoul departments and 40 =nditure unc1er the stry of works, h01ii&ia add supply · - 5»46,000 •• ,,-46,000 -,i' swdi not exceec:tins no servicea _ purposes voted by ~on i , of paruament t e s vote consolidated total fund -r re r, 106 department of atomic enerly 59,000 59,000 107 atomic enerly research 16,67,000 16,67,000 10 los d~ent of parliamentary iura 12,000 12,000 109 lot sabha · 1i,76•000 8,000 11,84,000 110 miscellaneous expenditure under lok sabha 3,000 3,000 ui rajya sabha · · 4,32,000 10,000 4>42,000 is charoid-stlvj, household and a1idflltulcu of ,h, presidmt 1,49,000 1>49,000 112 secretariat of the vic:e-presi-20 dent · · 5,000 s,ooo charoid-u";on nne sme, commiisidn 1,10,000 2,70,000 i13 capital outlay of the minitry of commerce and indultry 1,95,82,000 1,95,82,000 2s 114 capital outlay on indian polls anel telegraphs (not met from revenue) · 2,04,03,000 2,04,03,000 lis cattal outlay on civil viation ~8,10,000 28,10,000 30 116 other capital outlay of the ministry of communications s5,84,000 55,84,000 117 defence capital outlay 2,33,33,000 2,33,33,000 118 capital outlay of the ministry 3;28,000 of education 3,28,000 119 capital outlay of the ministry 3s of external affairs 2,30,000 · 2,30,000 120 ca~ital outlay on the inelia ecurlty press •• 40 ,000 · 40 ,000 121 capital outlay on currency anel coinage 6,55,000 6,s5,ooo 40 3;13,000 122 capital outlay on mints 3,13,000 123 commuted value of pensionl 3,90,000 · 3,90,000 no of vote tocal s conaojidatcd pund parliament | ri | ri ||---------------------------|-----------------|| ri | || 1%4 | || paymenu | || penonnel | || to | || 35,000 | || 35,000 | || other | || capital | || outlay | || of | || the | || ministry | of || finance | - || 136 | || loan and advances by the | || central | || government | || chaagi!d-repa,ymml | || 0/ | || ~b, | || - | || ~4161,41000 | || 2>41,63>41,000 | || capital | || outlay | || on | foresu || 127 | || 2,11090 | || is | || 128 | || purchases | || or | || foodp1lins | || 5,00,71,000 | || other | || capital | || outlay | || of | the || ministry | of || and | || agri | || culture | - || j | || 30 | capital || outlay | || of | the ministry || of | || health | || capital | || ou~lic;! | || the | ministry || of | || home | ' || 132 | capttal || outlay | || on | || cutlng | || broad- | || 133 | || capital | || outlay | || of | the ministry || of | || iron | || iidd | steel || 134 | capital || outlay | || on | multipurpoae || river | || schemel | || 19,93,000 | || 30 | || 80,000 | || 135 | || other | || capital | || outlay | || of | || the | || ministry | of || power | || 80,000 | || 136 | capital || outlay | || of | || the | || ministry | || oflabour | || 4,58,000 | || 35 | || 137 | capital || outlay | || of | the ministry || of natural | reaourc:es || saentific reaearch | || 138 | capital || outlay | || of | the ministry || of production | || 2,66,25,000 | || 139 | capital || outlay | of || the ministry | || of | rebabiutatlon || 40 | || 2,66,25,000 | || 40,00,000 | || 140 | || capital | || outlay | || on | || ports | || 1,11,92,000 | || 141 | || capital | || outlay on roads | |suidi dot cxc:eediq 3 services iftd·purpoe total no of s vote -voted by parliament -----ri i awg:on i consolidated fund i ri ri other capital outlay of the ministry of tranlport 17,79,000 10 143 new delhi capital outlay 83044,000 144 capital outlay on buildings 8404s,ooo 14s other capital outlay of the ministry of works, houling and supply is 146 capital outlay of the department of atomic encrly grand total - statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india read with article 116 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the conso!idated fund and the granb made in advance by the lok sabha in respect of the estimated expenditure of the central government, excluding railways, for a pu't of the financial year 1956-57 new delhi; c d deshmukh the 7th marc~ 1956 a billto provide for the withdrawal of certain sums from and out of the consolidated fund of india for the service of a part of the financial year 956-57 the president has, in pursuance of clauses (i) and (3) of article (117) of the constitution of india, recommended to lok sabha the introduction and consideration of the bill m n kaul secretary (shri c d deshmukh minister of finance) gipnd-lad-2192ls-ii-3-$6-i,600 | Parliament_bills | 78c8cf17-0825-5c43-a20b-8c0914ed9d6c |
the finanl'e bill, 19s0(as introduced in lok sabha) the finance bill, 1980 billto continue for the fin an ci aj year 198tr81 the existing rates of incometill irh certain modifications, to provide for certain utlllptions from income-till ciid to provide for the continucilce of the provisions relating to auxiliary duties of customs ciid specicd duties of excise for the said 'year be it enacted by parliament in the thirty-first year of the republic of india as follows:-1 (1) this act may be called the finance act, 198 o 9aort title aad commencement (2) save as otherwise provided in this act, sections 2 5 and 3 shall come into i'orce on the 1st day of april, 1980 income-tax 21 of 1979 2 the provisions of section 2 of, and the first schedule to, the finance act, 1979, shall apply in relation to income-tax for the assessment year or, as the case miy be, the financial year commencing on the 1st day of april, 1980, as they apply in reia-10 tion to income-tax for the assessment year or, as the case may be, the financial year commencing on the 1st day of april, 1979, with the following modifications, namely:-la) in section 2,-(i) for the figures ''1979'', wherever they occur, the 15 figures "1980" shall be rubstitutedi (ii) in sub-section (2), in clause (b), -(1) in sub-clause (iii), in the proviso, for the words "seventy per cent ", the words "sixty per cent " shall be substituted; 20 (2) in sub-clause (iv), for the words "fifteen per cent ", the words "twenty per cent " shall be substituted; (b) in the first schedule-(i) for part i the following part shall be substituted, namely:- 'part ihlcomj:-tax and surcharge on income-tax p grcl8raph a sub-p czrqraph iin the case of every individual or hindu undivided family or unregistered firm or other association of persons or body of individuals, whether incorporated or not or every artificial juridical person referred to in sub-clause (vii) of clause (31) of 10 section 2 of the income-tax act, not being a case to which sub-paragraph d of this paragraph or any other paragraph of this part applies,-rates df incdllte-tcii nil; 15 (1) where the total income does not exceed rs 8 000 (2) where the total income exceeds rs 8000 but does not exceedrs15,000 15 per cent of the amount by which the total income exceeds rs 8000; 20 (3) where the total income exceeds rs 15,000 but does not exceed rs 20,000 rs 1, 060 plus 18 per cent of the amount by which the total income exceeds rs 15000; (4) where the total income exceeds rs 20000 but does not exceed ra 25, 000 25 rs 1950 plus 25 per cent of the amount by which the total income exceeds rs 20000; (5) where the total income exceeds rs 25,000 but does not exceed ra 30,000 ra 3, 200 plus 30 per cent of the amount by which the total income exceeds rs 25,000; 30 (6) where the total income exceeds rs 30000 but does not exceed rs50,ooo rs 4 700 plus 40 per cent of the amount by which the total income exceeds rs 30000; (7) where the total income exceeds as 50,000 but does not exceedrs70000 rs 12700 plus 50 per cent of the amount by which the total income exceeds rs 50000; (8) where tbe totalldcome exceeds rs 70000 but does not exceedrs1,oo000 rs 22,700 phu 55 per cent of the amount by which the total income exceeds rs 70000; (9) where the tot81ldcome 5 exceeds ra 1 00000 rs 39200 plus 60 per cent of the amount by which the total income exceeds rs 100000: provided that for the purposes of this sub-paragraph-(i) no income-tax shall be payable on a totallncome not exceeding ra 10 000; 10 (ii) where the totallncome exceeds rb 10,000 but does not exceed rs 12, 000, the income-tax payable thereon shall not exceed thirty per cent of the amount by which the total income exceeds rsi0,ooo sllrchgrge on lncome-tgt15 the amount of income-tax computed in accordance with the preceding provislons of this sub-paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of twenty per cent of such income-tax sub-paragraph ii20 in the case of every hindu undivided family which at any time durlng the previous year has at least one member wbose total income of the previous year relevant to the asbes8dlent year commencing on the 1st day of april 1980 exceeds rsi0 000- rates of inconre-tcii25 (1) where the total income nil; does not exceed rs 8 000 (2) where the total income 18 per cent of the amount by exceeds rs 8000 but does not which the total income exceeds exceed ra 15,000 rs 8 000; 30 (3) where the total income rs 1260 pills 25 per cent of exceeds rs 16000 but does not the amount by which the total exceed ra 20 000 income exceeds rs 15, 000; 35 (4) where the total income rs 2 510 plus 30 per cent of exceeds ra 20000 but does not the amount by which the total exceed rs25000 income exceeds rs 20,000; | rs | 4, 010 ||---------------------|-----------|| plus, | || 40 | per || the amount by which | || the | total || i!klome | exceeds |(5) where the total income exceeds ra 25,000 but does not exceed ri 30,000 5 rs 6, 010 plus 50 per cent of the amount by which the total income exceeds rs 30, '000; (6) where the total income exceeds rs 30,000 but does not - exceed ra 50, 000 | rs | 16, 010 ||------------|------------|| plus | || 55 | per || the amount | by || income | exceeds |(7) where the total income exceeds rs 50,000 but does not exceed ra 70,000 (8) where the total income exceeds rs70,ooo rs 27,010 plus 60 per cent of 10 the amount by which the total income exceeds rs 70,000: provided that for the purposes of tbis sub-paragraph,-(i) no income-tax shall be payable on a total income not exceedingrs10,000 15 (ii) where the total income exceeds rs 10,000 but does not exceed rs 13, 000, the income-tax payable thereon shall not exceed thirty per cent of the amount by which the total income exceeds rslo,ooo surcharge on income-tal 20 the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of twenty per cent of such income-tax paragraph b 25 in the case of every co-operative 8oclety,- rates of income-tax(1) where the total income does not exceed rs 10,000 15 per cent of the total income; 30 (2) where the total income exceeds rs 10,000 but does not exceed rs 20,000 rs 1,500 plus 25 per cent of the amount by which the total income exceeds rs 10,000; (3) where the total income exceeds rs20,ooo rs 4 000 plus 40 per cent of the amount by which the total income exceeds rs 20,000 35 surcluust on incornt-talthe amount of income-tax computed in accordance with the preceding provisions of this paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of 5 twenty per cent of such income-tax parqraph c s"b-p arasraph iin the case of every registered firm, not being a cue to wb1ch sub-paragraph 0 of this paragraph appues,-ratts of incorne-tal 10 (1) where the total income nil; does not exceed rs 10,000 5 per cent of the amount by which the total income exceeds rs 10,000; (2) where the total income exceeds rs 10, 000 but does not exceed ra 25, 000 15 | rs | 750 ||---------------------------|---------|| plus | || 7 | || per | || cent | of || amount by which the total | || income | || exoeedsrs | 25,000; || (3) | || where the total income | || exceeds | rs || exceed | || ra | || 50, 000 | |20 (4) where the tota11dcome exceeds ra 50,000 but does not exceedrsl,oo,ooo | rs | 2, | 600 ||-------------------------------|-------------------------------|---------|| plu | | || 16 | per | cent || the amount by which the total | | || income | | || exceeds | rs | 60,000; || (5) where the | | || total | income | || exceeds | ba1,oo,ooo | || rs | 10,000 | || plus | | || 24 | | || per | | || cent | | || of | the amount by which the total | || income | | || exceeds | | || ra | | || 1,00,000 | | |25 5urchargt on incorne-ta% the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall be increased by a surcharge for purposes of the union calculated at the rate of twenty per cent of such income-tax sub--p aragraph ii30 in the case of every registered firm whose total income includes income derived from a profession carried on by it and the income 80 included is not less than fifty-one per cent of such total income,- rales of income-lglnil; (1) where the total income does not exceed re 10,000 5 4 per cent of the amount by which the total lncome exceeds rs 10,000; (2) where the total income exceeds rsi0,000 but does not exceed re 25, 000 rs 600 plus 7 per cent of the amount by which the total bloome 10 exceeds rs 25,000; (3) where the total income exceeds rs 25,000 but does not exceed ra 50,000 rs 2,350 plus 13 per cent of the amount by which the total idcome exceeds ra 50,000, (4) where the total 1ncome exoeeds ra 50,000 but does not exceedrs1,00,000 15 (6) where the total income exceeds ra1, 00, 000 rs 8,850 plus 22 per cent of the amount by whicb the total income exceeds rs 1, 00, 000 the amount of income-tax computed in accordance with the precedlng pl'ov181ons of this sub-paragraph shall be lncreaaed 20 by a aurchaqe for purposes of the union oalculated at the rate of twenty per cent of such lucome-tax eqlgllgtidn - - for tbe purposes of this paragraph, "repstered firm" includes an unregistered firm assessed as a rell--tared firm under clause (b) of section 183 of the income-tax act 25 parqraph din the case of every local authority,- rate of incolle-taron the whole of the total income 60 per cent surcharge on jncdlle-tal 30 tbe amount of income-tax computed at the rate hereldbefore apeclfied 8ball be lncreued by a 81l1'obarp for purposes of tbe union calculated at the rate of twenty per cent of such idcometax paragraph ein the calle of a company,- rates of in,ome wl in tbe case of a domestic company,-5 (1) where the company 11 a company in which the public are substantially interested,-10 (t) in a case where tbe 45 per cent of the total income; total incom e does not exceed ra1,oo,ooo (ii) in a case where the 55 per cent of the total lncome; total income exceeds re 1,00,000 15 (2) where the company is dot a company in which the public are substantially interested, -(i) in the calle of an iddustrial company_ 20 (,) where the total 56 per cent of the total income; income does dot exceed ba 2,00,000 25 (b) where the total 60 per cent of the total1ncome; income exceeds 8s2,oo,ooo (it) in any ot,ber case 65 per cent of the total income: provided that-30 (t) the income-tax payable by a domestic company, being a company in which the public are aubstanually interested, the total income of which exceeds rs 1,00,000, shall dot exceed the aggregate of-(a) the income-tax which would have been payable by the company if its total income had been rs 1,00,000 (the income of ri 100000 for this purpose being computed as if such income included income from v8l'ious 35 iources in the same proportion as the total1dcome of the company); and (ii) eighty per cent of the amount by which its total income exceeds rs 1,00,000; (it) the income-tax payable by a domestic company, not 5 being a company in which the public are sub8tadtially interested, which is an industrial company and the total income of which exceeds rs 2,00,000, shall not exceed the aggregate of-(4) the income-tax which would have been payable by 10 the company if its total income bad been re 2,00,000 (the income of rs 2,00,000 for this purpose being computed as if such income included income from various sources in the same proportion as the total income 01 the company); and 15 (b) eighty per cent of the amount by which its total income exceeds rs 2,00,000 u in the case of 8 company other than a domestic company,-20 (i) on so much of the total income as consists of-25 (ii) royalties received from an indian concern in pursuance of an agreement made by it with the indian concern after the 31st day of march, 1961 but before the 1st day of april, 1976, or 30 15 (b) fees for rendering technical services received from an indian concern in pursuance of an agreement made by it with the indian concern after the 29th day of february, 1964 but before the 1st day of april, 1976, 50 per cent ; and where such agreement bas, in either case, been approved by the central government 70 per cent (ii) on the balance, if any, of the total income the amount of income-tax computed in accordance with the preceding provisions of this pa ragraph shall be increased by a surcharge calculated at the rate of seven and a half per cent of such income-tax' j (ii) in part ni, in sub-paragraph n of paragraph a, for the figures "1980", the f1gur~s "1981" shall be substituted; (iii) in part iv, in rule 9,-10 ( a) for sub- rules (1) and (2), the following sub- rules shall be substituted, namely:-15 20 ,( 1) where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of april, 1980, any agricultural income and the net result of the computation of the agricultural income of the assessee for 1lily one or more of the previous years relevant to the assessment years commencing on the 1st day of april, 1974 or the 1st day of april, 1975 or th" 1st day of april, 1976 or the 1st day of april, 1977 or the 1st day of april, 1978 or the 1st day of aprll, 1979, is a loss, then, for the purposes of sub-sectlon (2) of section 2 of this act,-25 30 (i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1974, 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 apru, 1975 or the 1st day of april, 1976 or the 1st day of april, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979, 35 (ii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1975, 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 1976 or the 1st day of april, 1977 or the 1st day of aprll, 1978 or the 1st day of april, 1979, (tit) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1976, to the extent, if any, such loss has not been set off against the agricuhural income for the previous year relevant to the assessment 5 year commencing on the 1st day of april, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979, (tv) the loss so computed for the previous year relevant to the assessment year commencing on the 10 1st day of april, 1977, to the extent, if any, such loss bas not been set off against the agricultural income for the previous year relevant to the assessment year commenoing on the 1st day of april, 1978 or the 1st day of april, 1979, 15 (v) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1978, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the 20 assessment year commencing on the 1st day of april, 1979, and (vi) the loss 80 computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1979, 25 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, 1980 30 21 of 1979 erplanation- in this sub-rule and sub-rule (2) the expression "section 2 of this act" means section 2 of the finance act, 1979 as applied for the purposes of this act 35 40 (2) where the assessee has, in the previous year relevant to the assessment year commencing on the 1st day of april, 1981 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 perlod other than that previous year, in such other period, any agricultural income and the net result of the computation of the agricultural income of the assessee for anyone or more of the prevlous years relevant to the assessment years commencing on the 1st day of april, 1974 or the 1st day of april, 1975 or the 1st day of april,1976 or the 1st day of ai>ril, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980, is a loss, then, for the purposes of sub-section (6) of section 2 of this act,-5 10 (i) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1974, to the extent, if any, such 1088 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, 1975 or the 1st day of april, 1976 or the 1st day of april, 1977 or the 1st day of april, 1978 or the 1st day of april, 1979 or the 1st day of april, 1980, 15 20 (i') the loss so computed (or the previous year relevant to the assessment year commencing on the 1st day of april, 1975 to the extent, if any, 8uch 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 1976 or the 1st day of april, 1977 or the 1st day of april, 1978 or the 1st day of april 1979 or the 1st day of april, 1980, 25 30 (iii) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april 1976, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april 1977 or the 1st day of april, 1978 or the 1st day of april, 1979 or the 1st day of april 1980 35 (tv) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of april 1977 to the extent, if any such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1978 or the 1st day of april, 1979, or the 1st day of april, 1980, 40 (v) the los8 so computed for the previous year relevant to the assessment year commencing on the 1st day of april, 1978, to the extent, if any, such loss has not been set off against the agricultural income for the previous year relevant to the assessment year commencing on the 1st day of april, 1979 or the 1st day of april, 1980, (ui) the loss so computed for the previous year relevant to the assessment year commencing on the 1st day of aprll, 1979, to the extent, 5 if any, such loss bas not been set off against the agricultural income for the previous year relevant to the asse8sment year commencing on the 1st day of april, 1980, and (vii) the loss so competed for the previous 10 year relevapt to the assessment year commencing on the 1st day of april, 1980, 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, 1981, 15 or the period aforesaid i ; (8) for sub-rule (5), the following sub-rule shall be substituted namely:-20 of 1974-2s of 1975 66 of 1976-29 of 1977 19 of 1978-21 of 19'19 "(5) notwithstanding anything contained in this rule, no loss which has not been determined by the 20 income-tax officer under the provisions of these rules or the rules contained in part iv of the first schedule to the finance act, 1974, or of the first schedule to the finance act, 1975, or of the first schedule to the finsnce act, 1976, or of the first 25 schedule to the finance (no2) act, 1977, or of the schedule to the finance act 1978, or of the first schedule to the finance act, 1979, shall be set off under sub-rule (1) or, as the case may be, sub-rule (2) " 30 i in section 10 of the income-tax act, 1961,-amedd_ of hctioa 10 d , act 43 of 1961 (ca) in clause (17a), for the words "awards for literary, scientific and artistic work or attainment", the words "awards for literary, sclentlflc or artistic work or attainment or for service for alleviating the distress of the j5 poor the weak and the ailing" shall be substituted; (b) in clause (26a), for the figures, leiters and words "1st day of april, 1980" the figures, letters and words "1st day of april, 1983" shall be substituted; (e) after clause (26a) the following clause shall be 40 inserted and shall be deemed to have bem-n inserted, with effect from the 1st day of april, 1972 namely:-'(268) any inoome of a corporation estabushed by a central state or provincial act or of any other body, institution or &ssoclation (being a body, institution or 6 association wholly financed by government) where such corporation or other body or insutution or association has been estal:iished or formed for promoting the interests of the members of either the scheduled castes or the scheduled tribes or of both 10 explclftalion -for the purposes of thls clause ''scheduled castes" and "scheduled tribes" shall have the meanings respectively assigned to them in clauses (24) and (25) of article 366 of the constitution;' auxiliary duties of cuiltoids 4 (1) in the case of goods mentioned in the first schedule 51 of 1975 16 to the customs tariff act, 1975 or in that schedule, as amended from time to time, there shall be levied and collected as an auxiliary duty of customs an amount equal to twenty per cent of the value of the goods as determined in acoordance with the 52 of 1962 provisions of section 14 of the customs act, 1962 (hereinafter 20 referred to as the customs act) 10 of 1897 25 (2) sub-section (1) shall cease to have effect after the 31st day of march, 1981, except as respects things done or omitted to be done before such cesser; and section 6 of the general clauses act, 1897, shall apply upon such cesser as if the sald sub-section had then been repealed by a central act (3) the auxiliary duties of customs referred to in subsection (1) shall be in addition to any duties of customs chargeable on such goods under the customs act, or any other law 30 for the time being in force (4) the provisions of the customs act and the rules and regulations made thereunder, including those relating to refunds and exemptions from duties, shall, as far as may be, apply in relation to the levy and collection of the auxiliary 35 duties of customs leviable under this section in respect of any goods as they apply in relation to the levy and collection of the duties of customs on such goods under that act or those rules and regulations, as the case may be sped duties of excie •• (1) in the case of goods chargeabl e with a duty of excise 1 of 1944 40 under the central excises and salt act, 1944, as amended from time to time (hereinafter referred to as the central excises act), read with any notification for the time being in force issued by tbe central government in relation to the duty 80 chargeable, there shall be levied and collected a special duty of exci be ecpal to five per cent of the amount 80 chargeable on such goods 5 10 of 1897· (2) sub-section (1) shall cease to have effect after the 31st day of march, 1981, except as respects things done or omitted to be done before such cesser; and section 6 of the general clauses act, 1897, shall apliy upon such cesser as if the said sub-section had then been repealed by a central act 10 (3) the special glues of excise referred to in subsection (1) shall be in addition to any duties of excise chargeable on such goods under the central excises act, or any other law for the time being in force (4) the proviblons of the central excises act and the 15 rules made thereunder, idcluding those relating to refunds and exemptions from duues, shall, as far as may be, apply in relation to the lny and oollect1on of the special duties of excise leviable umer this _cum in respect of any goods as they apply in relation to the levy add collection of the duties of 20 excise on such goods udder that act or those rules as the case may be neclgtion " die pjoiii'siollil coueelioa of tills a", 1931it 18 bereby declared that it is expedient in the pabll0 interest 25 that the provisions of clauses 4 and 5 of tbls bm shall haft lmmediate effect under the provisional collection of toe act 1931 16 of 1931 the object of this short bill is to continue for the financial year 1980-81 the existing rates of income-tax with certain modifications~ to provide for certain exemptions from inoome-tax and to provide for the continuance of the provisions relating to awduary duties of cust~s and special duties of excise for the said year 2 cl'luse 2 of the bill deals with rates of income-tax the rates of income -tax and surcharge which were speclfied in part ui of the first schedule to the finance act, 1979, for the purpose of deduction of tax at source from salaries during the financial year 1979-80, for computing the"advance tax"payable during that financial year in relation to current incomes and for certain special purposes, are proposed to be continued for the purpose of assessments for the assessment year 1980-81 further, the same rates are proposed to be continued also for the purpose of deduct loll of tax at source from salaries during the financial year 1980-81, for oomputing the "advance tax" payable during that financial year on current incomes, and also for the said special purposes 3 under the provisions of the finance act, 1979, the net agricultural income (as computed in accordance with the rules contained in part iv of the first schedule to that act) in the case of individuals, hindu undivided families, etc, is taken into account for determining the rates of income-tax applicable to their non-agriculturalincome these provisions are proposed to be continued for the purposes of determining the rates of income-tax applicable to the non-agrioulturalincome for the assessment year 1980-81, as also for computation ofthe "advance tax" and charging of inc<me -tax on current incomes in cases where accelerated assessments are required to be made during the financial year 1980-81 the rules relating to computation of net agricultural income are proposed to be modified to secure that the unabsorbed loss in agriculture for the previous year relevant to the assessment year 1979-80 is also set off against the agricultural income for the previous year relevant to the assessment year 1980-81 and the unabsorbed loss in respect of the previous year relevant to the assessment year 1980-81 is set off in determining the net agricultural income for the purposes of payment of "advance tax" during the financial year 1980-81 4 the rates for deduction of tax at source during the financial year 1979-80 from incomes other than salaries, specified in part n of the first schedule to the finance act, 1979, are also proposed t" ut: continued for deduction of tax at source from such incomes during the financial year 1980-81 5 clause 2 of the bill accordingly proposes to apply to the financial year 1980-81 the provisions of section 2 of, and the first schedule to, the finance act, 1979, with consequential and other aecessary modulcati<lls t 6 clauee 3 of the bill seeks to extend the exemptl<ll from idoometax in the case of residents of ladakh for a further period of three years and to exempt from income-tax awards for service for allevlatlng the distress of the poor, the weak and the auing and income of corporations or other bodies, associations or institutions estabusbed for promoting the interests of members of the scheduled castes or the scheduled tribes 7 clause 4 of the bill seeks to levy up to the 31at day of march, 1981, auxiliary d\&ies of customs <il all imported goods at the rate 01 twenty per cent of their value 8 clause 5 of the blll seeks to levy up to the 31st march, 1981, special duties of excise oil all excisable goods at tbe rate of five per cent of the duty leviable under the central excl8e8 act, read with any nctuication for the tlme being in force issued under the said act or the rules made thereunder new diiul ; a vend tabaiian tht luh ai,,, 1980 president's recommendation under articles 117 and 27,( of the constitution of india(copy of letter no f 3(1)-b(d)/80 dated the 11th march, 1980 from shrl r venkataraman, minister of finance, to the secretary, ldt sabha) the president, haviuc been informed of the subject matter of the proposed bui, recommends under clauses (1) and (3) of article 117 read with clause (1) of article 274 of the constitution of india the ldtroduction of the finance bui, 1980 to the lok sabba and al80 recommends to the lok sabha the collsleieration of the b111 2 the bill will be introduced in the lok sabba immediately after the presentation of the budget on the 11th karch, 1980 as this bill seeks to continue the existing tax structure for the financial year 1980-81, subject to certain modifications in relation to income-tax, the b111, if enacted and brought into operation, would not involve any additional expenditure from the consolidated fund of india billto contidue for the ftdiidcial year 1980-81 the existidi rates of inoometax with certain mocllflcatlona to provide for certain exemptions from income-tax and to provide for the continuance of the proviaions ~latlng to auxiliary duties of customs and special duties of exel for the said year (sian r vemat , minister" f fin u) | Parliament_bills | 84fe5705-00ae-55de-9601-9cc3337c811f |
bill no 65 of 2009 the workmen's compensation (amendment) bill, 2009 a billfurther to amend the workmen's compensation act, 1923be it enacted by parliament in the sixtieth year of the republic of india as follows:— 1 (1) this act may be called the workmen's compensation (amendment) act,2009short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint8 of 1923amendment of long title2 in the long title to the workmen's compensation act, 1923 (hereinafter referred toas the principal act), for the word "workmen", the word "employees'' shall be substitutedamendment of preamble3 in the principal act, in the preamble, for the word "workmen", the word"employees'' shall be substitutedamendment of section 14 in section 1 of the principal act, in sub-section (1), for the word "workmen's",the word "employee's" shall be substituted5 throughout the principal act, for the words "workman" and "workmen", wherever they occur, the words "employee" and "employees" shall respectively be substituted, and such other consequential amendments as the rules of grammar may require shall also be madesubstitution of references to certain expressions by certain other expressions6 in section 2 of the principal act, in sub-section (1),—amendment of section 2(i) after clause (d), the following clause shall be inserted, namely:—'(dd) "employee" means a person, who is—24 of 1989(i) a railway servant as defined in clause (34) of section 2 of the railways act, 1989, not permanently employed in any administrative district or sub-divisional office of a railway and not employed in any such capacity as is specified in schedule ii; or(ii) (a) a master, seaman or other members of the crew of a ship, (b) a captain or other member of the crew of an aircraft, (c) a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle,(d) a person recruited for work abroad by a company, and who is employed outside india in any such capacity as is specified in schedule ii and the ship, aircraft or motor vehicle, or company, as the case may be, is registered in india; or(iii) employed in any such capacity as is specified in schedule ii, whether the contract of employment was made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union; and any reference to any employee who has been injured shall, where the employee is dead, include a reference to his dependants or any of them;';(ii) clause (n) shall be omitted7 in section 4 of the principal act,—amendment of section 4(a) in sub-section (i),—(i) in clause (a), for the words ''eighty thousand rupees'', the words''one lakh and twenty thousand rupees'' shall be substituted;(ii) in clause (b), for the words ''ninety thousand rupees'', the words''one lakh and forty thousand rupees'' shall be substituted;(iii) after explanation ii, the following proviso shall be inserted, namely:—''provided that the central government may, by notification in the official gazette, from time to time, enhance the amount of compensation mentioned in clauses (a) and (b)'';(iv) after clause (b), the explanation ii shall be omitted;(b) after sub-section (ia), the following sub-section shall be inserted, namely:—''(ib) the central government may, by notification in the official gazette, specify, for the purposes of sub-section (i), such monthly wages in relation to an employee as it may consider necessary''; (c) after sub-section (2), the following sub-section shall be inserted, namely:—''(2a) the employee shall be reimbursed the actual medical expenditure incurred by him for treatment of injuries caused during course of employment''; (d) in sub-section (4),—(a) for the words ''two thousand and five hundred rupees'', the words''not less than five thousand rupees'' shall be substituted;(b) the following proviso shall be inserted, namely:—''provided that the central government may, by notification in the official gazette, from time to time, enhance the amount specified in this sub-section''amendment of section 208 in section 20 of the principal act, in sub-section (1), after the words "appoint any person", the words "who is or has been a member of a state judicial service for a period of not less than five years or is or has been for not less than five years an advocate or a pleader or is or has been a gazetted officer for not less than five years having educational qualifications and experience in personnel management, human resource development and industrial relations" shall be inserted9 after section 25 of the principal act, the following section shall be inserted, namely:—insertion of new section 25a''25 a the commissioner shall dispose of the matter relating to compensation under this act within a period of three months from the date of reference and intimate the decision in respect thereof within the said period to the employee''time limit for disposal of cases relating to compensation10 in schedule ii to the principal act,—amendment of schedule ii(i) for the word, numbers, brackets and letter "section 2(1)(n)", wherever they occur, the word, numbers, brackets and letters "section 2(1)(dd)" shall be substituted;(ii) in item (i), for the words "employed, otherwise than in a clerical capacity or on a railway", the words "employed in railways" shall be substituted;(iii) in item (ii), the words "otherwise than in a clerical capacity" shall be omitted;(iv) in item (iii), the words "wherein or within the precincts whereof twenty or more persons are so employed" shall be omitted;(v) in item (v), the words "other than clerical work" shall be omitted;(vi) in item (vi),—(a) clause (b) shall be omitted;(b) in clause (c), the words, brackets and letter "or sub-clause (b)" shall be omitted; (vii) in item (x), the words "otherwise than in a clerical capacity" shall be omitted;(viii) in item (xiv), the words "otherwise than in a clerical capacity" shall be omitted;(ix) in item (xvi), the words "in which on any one day of the preceding twelve months more than twenty-five persons have been employed" shall be omitted;(x) for item (xviii), the following item shall be substituted, namely:—"(xviii) employed on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea; or"; (xi) in item (xix), the words "otherwise than in a clerical capacity" shall be omitted;(xii) in item (xxvi),—(a) in clause (a), the words "and in which on any one day of the preceding twelve months ten or more persons have been so employed" shall be omitted;(b) in clause (b), the words "in which on any one day of the preceding twelve months fifty or more persons have been so employed" shall be omitted; (xiii) in item (xxx), the words "otherwise than in a clerical capacity" shall be omitted;(xiv) in items (xl) and (xli), the words "in which on any one day of the preceding twelve months more than twenty-five persons have been employed" occurring at both items shall be omitted;(xv) the explanation occurring after item (xlix), at the end shall be omitted statement of objects and reasonsthe workmen's compensation act, 1923 provides for payment of compensation to the workmen and their dependents in the case of injury by industrial accidents including certain occupational diseases arising out of and in the course of employment resulting in death or disablement this act applies to certain railway servants and persons employed in hazardous employments such as factories, mines, plantations mechanically propelled vehicles, construction work, etc, specified in schedule ii of the act however, the act is not applicable to the employees who are covered under the employees' state insurance act, 19482 the second national commission on labour set up in the year 2002 had made certain recommendations relating to amendment of the workmen's compensation act, 1923 the recommendations of the commission have been examined in consultation with the concerned ministries/departments/state governments and the union territory administrations3 based on the recommendations of the second national commission on labour, the workmen's compensation (amendment) bill, 2008 was introduced in the lok sabha on the 20th october, 2008 which was referred to the department related parliamentary standing committee on labour the standing committee submitted its report on the 19th december, 2008 wherein the committee has made certain recommendations however, the workmen's compensation (amendment) bill, 2008 lapsed due to dissolution of the 14th lok sabha4 the central government has decided to introduce the workmen's compensation(amendment) bill, 2009, on the lines of the workmen's compensation (amendment) bill, 2008 introduced in the 14th lok sabha incorporating therein certain recommendations of the standing committee proposing to amend the workmen's compensation act, 1923, which inter alia, makes provision,—(a) for amendment in long title and the provisions of the aforesaid act so as to substitute "workman" by the "employee",(b) for enhancement of the minimum rates of compensation payable to a worker from eighty thousand rupees to one lakh twenty thousand rupees for death and from ninety thousand rupees to one lakh forty thousand rupees for permanent disability and to empower the central government to enchance the minimum rates of said compensation from time to time;(c) to confer power upon the central government to specify the monthly wages in relation to an employee for the purposes of the aforesaid compensation;(d) for enhancement of the funeral expenses from two thousand five hundred rupees to five thousand rupees and to empower the central government to enhance the same from time to time;(e) for the re-imbursement of actual medial expenditure incurred for treatment of injuries caused during the course of employment;(f) for widening of the eligibility criteria for appointment of commissioner to make a gazetted officer of not less than five years of service, having educational qualifications and experience in personnel management, human resource development and industrial development, to be eligible to become a commissioner; (g) for disposal of cases relating to compensation by the commissioner within a period of three months from the date of reference and to intimate the decision in respect thereof within the said period to the employee; and(h) for increasing coverage by omission of the restrictive clauses in schedule ii of the act and inclusion of additional hazardous activities5 the bill seeks to achieve the abvoe objectsmallikarjun khargenew delhi;the 30th july, 2009 memorandum regarding delegated legislationclause 7 of the workmen's compensation (amendment) bill, 2009 inter alia proposes to amend section 4 of the workmen's compensation act, 1923 item (iii) of subclause (a) of clause 7 empowers the central government to enhance the amount of compensation, by notification in the official gazette from time to time; sub-clause (b) of that clause empowers the central government to specify, by notification in the official gazette, such monthly wages in relation to an employee as it may consider necessary; item (b) of sub-clause (d) of that clause empowers the central government to enhance the amount relating to funeral expenses, by notification in the official gazette, from time to time2 the matter in respect of which notification may be issued by the central government are matter 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 financial memorandumsub-clause (a) of clause 7 of the bill empowers the central government to enhance the minimum rates of compensation payable to a worker to rs 120 lakhs for death and rs140 lakhs for permanent disability and to enhance the minimum rates of compensation from time to time sub-clause (b) of clause 7 of the bill empowers the central government to revise the wage ceiling from time to time for calculation of maximum amount of compensation where death or permanent total disablement or permanent partial disablement results from the injury sub-clause (c) of clause 7 of the bill provides reimbursement of the actual medical expenditure incurred by a worker for treatment of injuries caused during course of his employment sub-clause (d) of clause 7 of the bill, provides for the enhancement of the funeral expenses of the deceased workman from an amount of rs 2,500 to rs 5000, and also empowers the central government to enhance such sum from time to time2 the above-mentioned proposals in their applications to the workmen employed by the central government will involve increased expenditure from the consolidate fund of india by way of payment of compensation however, as compensation becomes payable only in the event of employment injury resulting in disablement or death, it is not possible to estimate in advance the amount of additional expenditure involved3 the bill does not invole any other expenditure whether recurring or non- recurring8 of 1923 annexure extracts from the workmen's compensation act, 1923 (8 of 1923) an act to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident whereas it is expedient to provide for the payment by certain classes of employers to their workmen of compensation for injury by accident it is hereby enacted as follows:— chapter i preliminary 1 (1) this act may be called the workmen's compensation act, 1923short title, extent and commencement definitions2 (1) in this act, unless there is anything repugnant in the subject or context,—24 of 1989amount of compensation (n) "workman" means any person who is—(i) a railway servant as defined in clause (34) of section 2 of the railways act, 1989 not permanently employed in any administrative, district or subdivisional office of a railway and not employed in any such capacity as is specified in schedule ii, or(ia) (a) a master, seaman or other member of the crew of a ship, (b) a captain or other member of the crew of an aircraft, (c) a person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle,(d) a person recruited for work abroad by a company, and who is employed outside india in any such capacity as is specified in schedule ii and the ship, aircraft or motor vehicle, or company, as the case may be, is registered in india, or;(ii) employed in any such capacity as is specified in schedule ii, whether the contract of employment was made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the armed forces of the union; and any reference to a workman who has been injured shall, where the workman is dead, include a reference to his dependants or any of them 4 (1) subject to the provisions of this act, the amount of compensation shall be as follows, namely:— (a) where death results from the injury an amount equal to fifty per centof the monthly wages of the deceased workman multiplied by the relevant factor;or an amount of eighty thousand rupees, whichever is more;(b) where permanent total disablement results an amount equal to sixty per centfrom the injury of the monthly wages of the injured workman multiplied by the relevant factor;or an amount of ninety thousand rupees, whichever is more;explanation i— for the purposes of clause (a) and clause (b) "relevant factor" in relation to a workman means the factor specified in the second column of schedule iv against the entry in the first column of that schedule specifying the number of years which are the same as the completed years of the age of the workman on his last birthday immediately preceding the date on which the compensation fell dueexplanation ii— where the monthly wages of a workman exceed four thousand rupees, his monthly wages for the purposes of clause (a) and clause (b) shall be deemed to be four thousand rupees only; [10] m c(4) if the injury of the workman results in his death, the employer shall, in addition to the compensation under sub-section (1), deposit with the commissioner a sum of two thousand and five hundred rupees for payment of the same to the eldest surviving dependant of the workman towards the expenditure of the funeral of such workman or where the workman did not have a dependant or was not living with his dependant at the time of his death to the person who actually incurred such expenditure appointment of commissioners20 (1) the state government may, by notification in the official gazette, appoint any person to be a commissioner for workmen's compensation for such area as may be specified in the notification [10] m c [see section 2(1)(n)] list of persons who, subject to the provisions of section 2(1)(n), are included in the definition of workmenthe following persons are workmen within the meaning of section 2(1)(n) and subject to the provisions of that section, that is to say, any person who is—(i) employed, otherwise than in a clerical capacity or on a railway, in connection with the operation, repair or maintenance of a lift or a vehicle propelled by steam or other mechanical power or by electricity or in connection with the loading or unloading of any such vehicle; or63 of 1948(ii) employed, otherwise than in a clerical capacity, in any premises wherein or within the precincts whereof a manufacturing process as defined in clause (k) of section 2 of the factories act, 1948, is being carried on, or in any kind of work whatsoever incidental to or connected with any such manufacturing process or with the article made, whether or not employment in any such work is within such premises or precincts and steam, water or other mechanical power or electricial power is used; or(iii) employed for the purpose of making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale any article or part of an article in any premises wherein or within the precincts whereof twenty or more persons are so employed; explanation—for the purposes of this clause, persons employed outside such premises or precincts but in any work incidental to, or connected, with, the work relating to making, altering, repairing, ornamenting, finishing or otherwise adapting for use, transport or sale of any article or part of an article shall be deemed to be employed within such premises or precincts; or 35 of 1952(v) employed, in any mine as defined in clause (j) of section 2 of the mines act, 1952, in any mining operation or in any kind of work other than clerical work, incidental to or connected with any mining operation or with the mineral obtained, or in any kind of work whatsoever below ground; or(vi) employed as the master or as a seaman of— (b) any ship not included in sub-clause (a), of twenty-five tons net tonnage or over; or(c) any sea-going ship not included in sub-clause (a) or sub-clause(b) provided with sufficient area for navigation under sales alone; or (x) employed, otherwise than in a clerical capacity, in the construction, working, repair or demolition of any aerial ropeway, canal, pipeline or sewer; or (xiv) employed, otherwise than in a clerical capacity, in connection with operation for winning natural petroleum or natural gas; or (xvi) employed in the making of any excavation in which on any one day of the preceding twelve months more than twenty-five persons have been employed or explosives have been used, or whose depth from its highest to its lowest point exceeds twelve feet; or (xviii) employed, otherwise than in a clerical capacity, on any estate which is maintained for the purpose of growing cardamom, cinchona, coffee, rubber or tea, and on which on any one day in the preceding twelve months twenty-five or more persons have been so employed; or(xix) employed, otherwise than in a clerical capacity, in the generating, transforming transmitting or distribution of electrical energy or in generation or supply of gas; or (xxvi) employed in the handling or transport of goods in, or within the precincts of,—(a) any warehouse or other place in which goods are stored, and in which on any one day of the preceding twelve months ten or more persons have been so employed; or(b) any market in which on any one day of the preceding twelve months fifty or more persons have been so employed; or (xxx) employed, otherwise than in a clerical capacity, in the construction, working, repair or maintenance of a tube-well; or (xl) employed in cleaning of jungles or reclaiming land or ponds in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or(xli) employed in cultivation of land or rearing and maintenance of live-stock or forest operations or fishing in which on any one day of the preceding twelve months more than twenty-five persons have been employed; or explanation— in this schedule, "the preceding twelve months" relates in any particular case to the twelve months ending with the day on which the accident in such case occurred ———— a billfurther to amend the workmen's compensation act, 1923————(shri mallikarjun kharge, minister of labour and employment)gmgipmrnd—3597ls(s5)—03082009 | Parliament_bills | 800d14b5-46bd-5115-8f8a-27facc47b8df |
financial memorandumclause 3 of the bill provides for setting up of a fund to be known as the farmers old age pension fund to pay old age pension to the small and marginal farmers to which the central government shall contribute in such ratio as may be prescribed clause 5 provides that central government shall release fund to the state governments required for payment of old age pension to farmers the bill, therefore if enacted, will invlove expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees five thousand crore per annum a non-recurring expenditure of about rupees one hundred crore is also likely to be incurred memorandum regarding delegated legislation'clause 7 of the bill empowers the central government to make rules for carrying out the 'the bill as the rules will relate to matters of detail only, the delegation of > power is of a normal character , | Parliament_bills | e66b2526-0cbf-513e-ab3b-e6a622f87957 |
8m no4 of 1977 the appropriation (railways) vote on account bill, 1977 a billto provilk for the withdrawal of certain sums from and out of 'm consolidated fund of india for the services of a part of the financial 1mr 1977-78101' the purposes of railways be it enacted by parliament in the twenty-eighth year of the republic of india as follows :-1 this act may be called the appropriation (railways) vote on short title account act, 1977 s 2 from and out of the consolidated fund of india there may be with- wilhdrawalof drawn sums not exceeding those specified in column 3 of the schedule rs i j055567000 th th f 1 h d d d fi from and ollt of amounting m e aggregate to e sum 0 e even un re an ve crores, the con~olidated fifty-five luhs and sixty-seven thousand rupees towards defraying the fund of indi~ several cbarges which will come in course of payment during the financial ~:ar~9tr,~~at 10 year 1977-78, in rclipect of the services relating to railways specified in column 2 of the schedule 3 the sums authorised to be withdrawn from and out of the consoli- approprialion dated fund by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year ------------------ ----- -------- ----__---- _-_----3 2 -----------------------sums not exceedina no or vote services and purposes 5 total \ voted by parliament charaed on the consolidated fund --- -------------------------rs, r5, rs railway board 114,24,000 84,24,000 1,00,000 2 miscellaneous expenditure 405,33,000 4,06,33,000 10 \ " 3 payments to worked lines and others 15,56,000 15,56,000 4 working expenscs-administration 79,000 52,79,80,000 52,!!o,59,ooo 5 workinl expenses-repairs and maintenance 5,16,000 221,48,94,000 221,54,10,000 6 working ellpenses-operatin8 staff 1'),92,000 112,91,45,000 113,07,37,000 7 workina ellpenses-operation (fuel) 109,2~16,ooo 14,63,000 109,42,79,000 15 8 working expenses-operation other than statf and fuel 7(j,j8,ooo 36,53,76,000 37,29,94,000 9 working ellpcnses-miscellaneous "expenses 19,~8,56000 4,57,000 19,63,13,000 10 workina expenses-staff welfare «i,oo() 19,10,53,000 19,10,99,000 11 workilll expenses-appropriation to depreciation reserve rund 46,66,67,000 46,66,67,000 lla workins expenses-appropriation to pension fund 13,33,33,000 13,3333,000 20 12 dividend to gcocral revenues and contribution for grillnj to states in lieu or passenger fare tax 6,0213,000 6,02,13,000 13 open line works (revenue) 20,()oo 2,99,95,000 3,00,15,000 14 construction df new lines-<'apitlllnd'oeprcclation itcserve fund 17,27,44,000 5,00,000 17,32,44,000 15 open line works-capital, depreciation reserve fun! and develop- ment fund , , 42~,:r7,15,ooo 16,67,oo() 423,43,82,000 25 16 pensionary ~-pcnuon ru1ki 12,80,32,000 21 appropriation to accident compensation safety and passcdger aoleai \ ues fund , , " 3,07,61,000 3,07,61,000 22 accident compensation, safetyandpassenaer amenities fund , \ 1,7~j,ooo i 17,83,ooq i 1,94,16,000 30 -- -tmac \--;:';~l __ ~ ,;:=-r:',",67,:;; ---__-------this bill is introduced in pursuance of article 114(1) of the constitution of india, read with article 116 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure cbarjcd on the consolidated fund and the grants made in advallcc by parliament in respect of the estimated expenditure of the central government on railways, for a pan of the financial year 1977-78 madhu dandavate president's recommendation under article 117 of the constitution of india!copy of ictter no 77-b-401, dated the 28th march, 1977 from shn madhu dandavatc, ministel' of railways to the secretary-general lok sabha) the vice--presiderit acting -as presit1ern hlviitg been informed 'of - the 'subjectimatterof the' proposed appropriation b!u provi~ing for ;the withdrawal from and out of the - coilsoftdkted fliild·oj india or the moneys required t~ meet the expenditure charged on the fund and the grants made by the lok sabha for a part of the financial year 1977-78 l'ecommends under clauses (1) and (3) of article 117 of the constitution of india the introduction in and consideration by the lok sabha of the appropriation bill a billto ,,'dllidt: for the withilrtlw{li of ·certain sums i,om twl out ql ,tht consolitlattl1 fund of india for the serv~s of ti part of tile (inmu;itjl ,te , 1971-78 101' the pul'f'ij"s oj ,lbiilways (shri madh,t dandavate ~inister of railways) | Parliament_bills | 23c32fc6-f7f7-5972-8e90-33b463c29a4d |
the armed forces tribunal bill, 2005_______ arrangement of clauses________clauses chapter i preliminary 1 short title and commencement2applicability of the act3definitions chapter ii establishment of tribunal and benches thereof4establishment of armed forces tribunal5composition of tribunal and benches thereof6qualifications for appointment of chairperson and other members7appointment of chairpersons and other members8term of office9resignation and removal10 salaries, allowances and other terms and conditions of service of chairperson andother members11 prohibitions as to holding of offices, etc, by chairperson or member on ceasing tobe such chairperson or member12financial and administrative powers of chairperson13staff of the tribunal chapter iii jurisdiction, powers and authority of the tribunal14 jurisdiction, powers and authority in service matters 15 jurisdiction, powers and authority in matters of appeal against court-martial 16 re-trial 17 powers of the tribunal on appeal under section 15 18 cost 19 power to punish for contempt 20 distribution of business among the benches chapter iv procedure clauses21 application not to be admitted unless other remedies exhausted22 limitation 23 procedure and powers of the tribunal 24 term of sentence and its effect on appeal 25 right of applicant or of appellant to take assistance of a legal practitioner and ofgovernment, etc, to appoint counsel26 condition as to making of interim order 27 power of chairperson to transfer cases from one bench to another 28 decision to be by majority 29 execution of order of the tribunal chapter v appeal30 appeal to the supreme court 31 leave to appeal 32 condonation chapter vi miscellaneous33 exclusion of jurisdiction of civil courts 34 transfer of pending cases 35 provision for filing of certain appeals 36 proceedings before tribunal to be judicial proceedings37 members and staff of tribunal to be public servants 38 protection of action taken in good faith 39 act to have overriding effect 40 power to remove difficulties 41 power of central government to make rules 42 power to make rules retrospectively 43 laying of rulesbill no cxxix of 2005 the armed forces tribunal bill, 2005 a billto provide for the adjudication or trial by armed forces tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to the army act, 1950, the navy act, 1957 and the air force act, 1950 and also to provide for appeals arising out of orders, findings or sentences of courts-martial held under the said acts and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-sixth year of the republic of india as follows:– chapter i preliminary1 (1) this act may be called the armed forces tribunal act, 2005short title and commencement(2) it shall come into force on such date as the central government may, by notification, appoint2 (1) the provisions of this act shall apply to all persons subject to the army act,1950, the navy act, 1957 and the air force act, 1950applicability of the act46 of 1950 62 of 1957 45 of 1950 46 of 1950 62 of 195745 of 1950(2) this act shall also apply to retired personnel subject to the army act, 1950 or the navy act, 1957 or the air force act, 1950, including their dependants, heirs and successors, in so far as it relates to their service mattersdefinitions3 in this act, unless the context otherwise requires,—(a) "administrative member" means a member of the tribunal who is not a judicial member within the meaning of clause (g);(b) "application" means an application made under sub-section (2) of section 14;(c) "appointed day" means the date with effect from which the tribunal is established by notification under section 4;(d) "bench" means a bench of the tribunal; (e) "chairperson" means the chairperson of the tribunal; (f) "court-martial" means a court-martial held under the army act, 1950 or the navy act, 1957 or the air force act, 1950;46 of 1950 62 of 1957 45 of 1950(g) "judicial member" means a member of the tribunal appointed as such under this act, and includes the chairperson, who possesses any of the qualifications specified in sub-section (2) of section 6;(h) "member" means a member (whether judicial or administrative) of the tribunal and includes the chairperson;(i) "military custody" means the arrest or confinement of a person according to the usages of the service and includes naval or air force custody;(j) "notification" means a notification published in the official gazette; (k) "prescribed" means prescribed by rules made under this act;(l) "president" means the president of india; (m) "rules" means the rules made under this act; (n) "service" means the service within or outside india;46 of 1950 62 of 1957 45 of 1950(o) "service matters", in relation to the persons subject to the army act, 1950, the navy act, 1957 and the air force act, 1950, mean all matters relating to the conditions of their service and shall include—(i) remuneration (including allowances), pension and other retirement benefits;(ii) tenure, including commission, appointment, enrolment, probation, confirmation, seniority, training, promotion, reversion, premature retirement, superannuation, termination of service and penal deductions;(iii) leave of any kind; (iv) summary disposal and trials;(v) any other matter, whatsoever, but shall not include matters relating to–(i) orders issued under section 18 of the army act, 1950, sub-section (1) of section 15 of the navy act, 1957 and section 18 of the air force act, 1950; and46 of 1950 62 of 195745 of 1950(ii) transfers and postings in relation to the persons subject to the acts mentioned in this clause; (p) "summary disposals and trials" means summary disposals and trials held under the army act, 1950, the navy act, 1957 and the air force act, 1950;46 of 1950 62 of 1957 45 of 1950(q) "tribunal" means the armed forces tribunal established under section 4 chapter ii establishment of tribunal and benches thereof4 the central government shall, by notification, establish a tribunal to be known as the armed forces tribunal to exercise the jurisdiction, powers and authority conferred on it by or under this actestablishment of armedforces tribunal composition of tribunal and benches thereof5 (1) the tribunal shall consist of a chairperson, and such number of judicial and administrative members as the central government may deem fit and, subject to the other provisions of this act, the jurisdiction, powers and authority of the tribunal may be exercised by benches thereof(2) subject to the other provisions of this act, a bench shall consist of one judicial member and one administrative member(3) notwithstanding anything contained in sub-section (1), the chairperson–(a) may, in addition to discharging the functions of a judicial member of the bench to which he is appointed, discharge the functions of an administrative member of any other bench;(b) may transfer a member from one bench to another bench;(c) 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 under this act, to be decided by a bench composed 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 administrative member (4) subject to the other provisions of this act, the benches of the tribunal shall ordinarily sit at delhi (which shall be known as the principal bench), and at such other places as the central government may, by notification, specify6 (1) a person shall not be qualified for appointment as the chairperson unless he is a retired judge of the supreme court or a retired chief justice of a high court (2) a person shall not be qualified for appointment as a judicial member unless–qualifications for appointment of chairperson and other members(a) he is or has been a judge of a high court; or(b) he has held the post of judge advocate general in the rank of major general in the army or equivalent rank in the navy or the air force, as the case may beexplanation—when a serving person referred to in clause (b) is appointed as judicial member, he shall have retired from service prior to assuming such appointment (3) a person shall not be qualified for appointment as an administrative member unless he has held or is holding the rank of major general or above for a total period of at least three years in the army or equivalent rank in the navy or the air forceexplanation—when a serving person is appointed as an administrative member, he shall have retired from service prior to assuming such appointment7 (1) subject to the provisions of this section, the chairperson and other members of the tribunal shall be appointed by the president:appointment of chairperson and other membersprovided that no appointment under this sub-section shall be made except afterconsultation with the chief justice of india(2) the president may appoint one or more members of the tribunal to be the vice-chairperson, or, as the case may be, the vice-chairpersons, thereofterm of office8 the chairperson or a member shall hold office for a term of four years from the dateon which he enters upon his office and shall not be eligible for re-appointment:provided that no chairperson shall hold office as such after he has attained,—(a) in case he has been a judge of the supreme court, the age of seventy years;and(b) in case he has been the chief justice of a high court, the age of sixty-five years: provided further that no other member shall hold office as such member after he has attained the age of sixty-five yearsresignation and removal9 (1) the chairperson or a member may, by notice in writing under his hand addressedto the president, resign his office:provided that the chairperson or a member shall, 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(2) the chairperson or a 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 sitting judge of the supreme court in which such chairperson or other member had been informed of the charges against him and 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 chairperson or other member referred to in sub-section (2)10 the salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of, the chairperson and other members shall be such as may be prescribed by the central government:salaries, allowances and other terms and conditions of service of chairpersonand other membersprovided that neither the salary and allowances nor the other terms and conditions of service of the chairperson and other members shall be varied to their disadvantage after their appointment11 on ceasing to hold office–(a) the chairperson shall be ineligible for further employment either under thegovernment of india or under the government of a state;prohibitions as to holding of offices, etc, by chairperson or member on ceasing to be such chairpersonor member(b) a member other than the chairperson shall, subject to the provisions of thisact, be eligible for appointment as a member of any other tribunal but not for any other employment either under the government of india or under the government of a state;(c) the chairperson or other members shall not appear, act or plead before the tribunal12 the chairperson shall exercise such financial and administrative powers over the benches as may be prescribed:financial and administrative powers of chairpersonprovided that the chairperson shall have the authority to delegate such of his financial and administrative powers as he may think fit to any other member or any officer of the tribunal, subject to the conditions that such member or officer shall, while exercising such delegated powers, continue to act under the direction, control and supervision of the chairpersonstaff of the tribunal13 (1) the central government shall determine the nature and categories of the officers and other employees required to assist the tribunal in the discharge of its functions and provide the tribunal with such officers and other employees as it may think fit(2) the salaries and allowances payable to, and the other terms and conditions of service of the officers and other employees of the tribunal shall be such as may be prescribed(3) the officers and other employees of the tribunal shall discharge their functions under the general superintendence of the chairperson chapter iii jurisdiction, powers and authority of the tribunal14 (1) save as otherwise expressly provided in this act, the tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the supreme court or a high court exercising jurisdiction under articles 226 and 227 of the constitution) in relation to all service mattersjurisdiction, powers and authority in service matters (2) subject to the other provisions of this act, a person aggrieved by an order pertaining to any service matter may make an application to the tribunal in such form and accompanied by such documents or other evidence and on payment of such fee as may be prescribed (3) on receipt of an application relating to service matters, the tribunal shall, if satisfied after due inquiry, as it may deem necessary, that it is fit for adjudication by it, admit such application; but where the tribunal is not so satisfied, it may dismiss the application after recording its reasons in writing5 of 1908 (4) for the purpose of adjudicating an application, the tribunal shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit in respect of the following matters, namely:—(a) 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;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 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 prescribed by the central government(5) the tribunal shall decide both questions of law and facts that may be raised before it15 (1) save as otherwise expressly provided in this act, the tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable under this act in relation to appeal against any order, decision, finding or sentence passed by a courtmartial or any matter connected therewith or incidental theretojurisdiction, powers and authority in matters of appeal against court-martial(2) any person aggrieved by an order, decision, finding or sentence passed by a courtmartial may prefer an appeal in such form, manner and within such time as may be prescribed(3) the tribunal shall have power to grant bail to any person accused of an offence and in military custody, with or without any conditions which it considers necessary:provided that no accused person shall be so released if there appears reasonable ground for believing that he has been guilty of an offence punishable with death or imprisonment for life(4) the tribunal shall allow an appeal against conviction by a court-martial where–(a) the finding of the court-martial is legally not sustainable due to any reason whatsoever; or(b) the finding involves wrong decision on a question of law; or (c) there was a material irregularity in the course of the trial resulting in miscarriage of justice, but, in any other case, may dismiss the appeal where the tribunal considers that no miscarriage of justice is likely to be caused or has actually resulted to the appellant:provided that no order dismissing the appeal by the tribunal shall be passed unless such order is made after recording reasons therefor in writing(5) the tribunal may allow an appeal against conviction, and pass appropriate order thereon(6) notwithstanding anything contained in the foregoing provisions of this section, the tribunal shall have the power to–(a) substitute for the findings of the court-martial, a finding of guilty for any other offence for which the offender could have been lawfully found guilty by the court-martial and pass a sentence afresh for the offence specified or involved in such findings under the provisions of the army act, 1950 or the navy act, 1957 or the air force act, 1950, as the case may be; or46 of 1950 62 of 1957 45 of 1950(b) if sentence is found to be excessive, illegal or unjust, the tribunal may–(i) remit the whole or any part of the sentence, with or without conditions; (ii) mitigate the punishment awarded; (iii) commute such punishment to any lesser punishment or punishments mentioned in the army act, 1950, the navy act, 1957 and the air force act, 1950, as the case may be;46 of 1950 62 of 1957 45 of 1950(c) enhance the sentence awarded by a court-martial: provided that no such sentence shall be enhanced unless the appellant has been given an opportunity of being heard(d) release the appellant, if sentenced to imprisonment, on parole with or without conditions;(e) suspend a sentence of imprisonment; (f) pass any other order as it may think appropriate45 of 1860 2 of 1974(7) notwithstanding any other provisions in this act, for the purposes of this section, the tribunal shall be deemed to be a criminal court for the purposes of section 175, 178, 179, 180, 193, 195, 196 or 228 of the indian penal code and chapter xxvi of the code of criminal procedure, 1973re-trial16 (1) except as provided by this act, where the conviction of a person by courtmartial for an offence has been quashed, he shall not be liable to be tried again for that offence by a court-martial or by any other court(2) the tribunal shall have the power of quashing a conviction, to make an order authorising the appellant to be retried by court-martial, but shall only exercise this power when the appeal against conviction is allowed by reasons only of evidence received or available to be received by the tribunal under this act and it appears to the tribunal that the interests of justice require that an order under this section should be made:provided that an appellant shall not be retried under this section for an offence other than–(a) the offence for which he was convicted by the original court-martial and in respect of which his appeal is allowed;(b) any offence for which he could have been convicted at the original courtmartial on a charge of the first-mentioned offence;(c) any offence charged in the alternative in respect of which the court-martial recorded no finding in consequence of convicting him of the first-mentioned offence46 of 1950 62 of 1957 45 of 1950(3) a person who is to be retried under this section for an offence shall, if the tribunal or the supreme court so directs, whether or not such person is being tried or retried on one or more of the original charges, no fresh investigation or other action shall be taken under the relevant provision of the army act, 1950 or the navy act, 1957 or the air force act, 1950, as the case may be, or rules and regulations made thereunder, in relation to the said charge or charges on which he is to be retried17 the tribunal, while hearing and deciding an appeal under section 15, shall have the power–powers of the tribunal onappeal under section 15(a) to order production of documents or exhibits connected with the proceedings before the court-martial;(b) to order the attendance of the witnesses;(c) to receive evidence; (d) to obtain reports from court-martial; (e) order reference of any question for enquiry; (f) appoint a person with special expert knowledge to act as an assessor; and (g) to determine any question which is necessary to be determined in order to do justice in the casecost18 while disposing of the application under section 14 or an appeal under section 15,the tribunal shall have power to make such order as to costs as it may deem justpower to punish for contempt19 (1) any person who is guilty of contempt of the tribunal by using any insulting orthreatening language, or by causing any interruption or disturbance in the proceedings of such tribunal shall, on conviction, be liable to suffer imprisonment for a term which mayextend to three years(2) for the purposes of trying an offence under this section, the provisions of sections14, 15, 17, 18 and 20 of the contempt of courts act, 1971 shall mutatis mutandis apply, as if a reference therein to–(a) supreme court or high court were a reference to the tribunal; (b) chief justice were a reference to the chairperson; (c) judge were a reference to the judicial or administrative member of the tribunal;(d) advocate-general were a reference to the prosecutor; and (e) court were a reference to the tribunal20 the chairperson may make provisions as to the distribution of the business of the tribunal among its benchesdistribution of business among the benches chapter iv procedure46 of 195062 of 1957 45 of 195021 (1) the tribunal shall not ordinarily admit an application unless it is satisfied that the applicant had availed of the remedies available to him under the army act, 1950 or the navy act, 1957 or the air force act, 1950, as the case may be, and respective rules and regulations made thereunderapplication not to beadmitted unless other remedies exhausted(2) for the purposes of sub-section (1), a person shall be deemed to have availed of all the remedies available to him under the army act, 1950 or the navy act, 1957 or the air force act, 1950, and respective rules and regulations—46 of 1950 62 of 1957 45 of 1950(a) if a final order has been made by the central government or other authority or officer or other person competent to pass such order under the said acts, rules and regulations, rejecting any petition preferred or representation made by such person;(b) where no final order has been made by the central government or other authority or officer or other person competent to pass such order with regard to the petition preferred or representation made by such person, if a period of six months from the date on which such petition was preferred or representation was made has expiredlimitation22 the tribunal shall not admit an application–(a) in a case where a final order such as is mentioned in clause (a) of sub-section(2) of section 21 has been made unless the application is made within six months from the date on which such final order has been made;(b) in a case where a petition or a representation such as is mentioned in clause(b) of sub-section (2) of section 21 has been made and the period of six months has expired thereafter without such final order having been made;(c) in a case where the grievance in respect of which an application is made had arisen by reason of any order made at any time during the period of three years immediately preceding the date on which jurisdiction, powers and authority of the tribunal became exercisable under this act, in respect of the matter to which such order relates and no proceedings for the redressal of such grievance had been commenced before the said date before the high court(2) notwithstanding anything contained in sub-section (1), the tribunal may admit an application after the period of six months referred to in clause (a) or clause (b) of sub-section (1), as the case may be, or prior to the period of three years specified in clause (c), if the tribunal is satisfied that the applicant had sufficient cause for not making the application within such period5 of 1908procedure and powers of the tribunal23 (1) the tribunal shall not be bound by the procedure laid down in the code of civilprocedure, 1908 but shall be guided by the principles of natural justice and subject to the other provisions of this act and any rules made thereunder, the tribunal shall have the power to lay down and regulate its own procedure including the fixing of place and time of its inquiry and deciding whether to sit in public or in camera(2) the tribunal shall decide every application made to it as expeditiously as possibleafter a perusal of documents, affidavits and written representations and after hearing such oral arguments as may be advanced:provided that where the tribunal deems it necessary, for reasons to be recorded inwriting, it may allow oral evidence to be adduced(3) no adjournment shall be granted by the tribunal without recording the reasons justifying the grant of such adjournment and cost shall be awarded, if a party requests for adjournment more than twice46 of 1950term of sentence andits effect on appeal62 of 1957 45 of 195024 (1) the term of any sentence passed by the tribunal under clause (a) of subsection (6) of section 15 of this act shall, unless the tribunal otherwise directs, be reckoned to commence on the day on which it would have commenced under the army act, 1950, the navy act, 1957 or the air force act, 1950, as the case may be, under which the court-martial against which the appeal was filed, had been held(2) subject to the provisions of sub-section (3), any sentence passed on an appeal from the tribunal to the supreme court in substitution for another sentence shall, unless the supreme court otherwise directs, be reckoned to commence on the day on which the original sentence would have commenced(3) where a person who is undergoing sentence is granted stay of the operation of the said sentence, either by suspension or otherwise, pending an appeal, the period during which he is so released due to the sentence having been so stayed, shall be excluded in computing the term for which he is so sentenced by the tribunal or the supreme court, as the case may be25 (1) a person making an application or preferring an appeal to the tribunal may either appear in person or take the assistance of a legal practitioner of his choice to present his case before the tribunalright of applicant or of appellant to take assistance of a legal practitioner and of government, etc, to appoint counsel(2) the central government or the competent authority, as may be prescribed, may authorise one or more legal practitioners or any of its law officers to act as counsel and every person so authorised by it may present its case with respect to any application or appeal, as the case may be, before the tribunalcondition as to making of interim order26 (1) notwithstanding anything contained in any other provision of this act or inany 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 an application or appeal, or in any proceeding relating thereto, unless,–(a) copies of such application or appeal, as the case may be, and all documents in support of the plea for such interim order are furnished to the party against whom such application or appeal, as the case may be, is made or proposed to be made; and(b) opportunity of being heard is given to the other party in the matter: provided that the tribunal may dispense with the requirements of clauses (a)and (b) and make an interim order as an exceptional measure if it is satisfied, for reasons to be recorded in writing, that it is necessary so to do for preventing any loss being caused to the applicant or to the appellant, as the case may be (2) where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on an application or appeal or in any proceeding relating thereto under sub-section (1), without–(a) furnishing to such party copies of such application or appeal, as the case may be, and all documents in support of the plea for such interim order; and(b) giving such party an opportunity of being heard, and making an application to the tribunal for the vacation of such order and furnishing a copy of such application or appeal, as the case may be, to the party in whose favour such order has been made or the counsel of such party, the tribunal shall dispose of the application within a period of fourteen days from the date on which it is received or from the date on which the copy of such application is so furnished, whichever is later, or where the tribunal is closed on the last day of that period, before the expiry of the next working day; and if the application is not so disposed of, the interim order shall, on the expiry of that period, or, as the case may be, the expiry of the said next working day, stand vacated27 on the application of any of the parties and after notice to the parties concerned, and after hearing such of them as he may desire to be heard, or on his own motion without such notice, the chairperson may transfer any case pending before one bench for disposal, to any other benchpower of chairperson to transfer cases from one bench to anotherdecision to be by majority28 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 the point or points on which they differ and make a reference to the chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the members of the tribunal and such point or points shall be decided according to the opinion of the majority of the members of the tribunal who have heard the case, including those who first heard itexecution of order of the tribunal29 subject to the other provisions of this act and the rules made thereunder, the order of the tribunal disposing of an application shall be final and shall not be called in question in any court and such order shall be executed accordingly chapter v appealappeal to the supreme court30 (1) subject to the provisions of section 31, an appeal shall lie to the supreme court against the final decision or order of the tribunal (other than an order passed under section 19):provided that such appeal is preferred within a period of ninety days of the said decision or order:provided further that there shall be no appeal against an interlocutory order of the tribunal(2) an appeal shall lie to the supreme court as of right from any order or decision of the tribunal in the exercise of its jurisdiction to punish for contempt:provided that an appeal under this sub-section shall be filed in the supreme court within sixty days from the date of the order appealed against(3) pending any appeal under sub-section (2), the supreme court may order that—(a) the execution of the punishment or the order appealed against be suspended;or(b) if the appellant is in confinement, he be released on bail:provided that where an appellant satisfies the tribunal that he intends to prefer an appeal, the tribunal may also exercise any of the powers conferred under clause (a) or clause (b), as the case may beleave to appeal31 (1) an appeal to the supreme court shall lie with the leave of the tribunal; andsuch leave shall not be granted unless it is certified by the tribunal that a point of law of general public importance is involved in the decision, or it appears to the supreme court that the point is one which ought to be considered by that court(2) an application to the tribunal for leave to appeal to the supreme court shall bemade within a period of thirty days beginning with the date of the decision of the tribunal and an application to the supreme court for leave shall be made within a period of thirty days beginning with the date on which the application for leave is refused by the tribunal(3) an appeal shall be treated as pending until any application for leave to appeal isdisposed of and if leave to appeal is granted, until the appeal is disposed of; and an application for leave to appeal shall be treated as disposed of at the expiration of the time within which it might have been made, but it is not made within that timecondonation32 the supreme court may, upon an application made at any time by the appellant,extend the time within which an appeal may be preferred by him to that court under section 30 or sub-section (2) of section 31 chapter vi miscellaneousexclusion of jurisdiction of civil courts33 on and from the date from which any jurisdiction, powers and authority becomesexercisable by the tribunal in relation to service matters under this act, no civil court shall have, or be entitled to exercise, such jurisdiction, power or authority in relation to those service matterstransfer of pending cases34 (1) every suit, or other proceeding pending before any court including a highcourt or other authority immediately before the date of establishment of the tribunal under this act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the tribunal, if it had arisen after such establishment within the jurisdiction of such tribunal, stand transferred on that date to such tribunal(2) where any suit, or other proceeding stands transferred from any court including ahigh court or other authority to the tribunal under sub-section (1),—(a) the court or other authority shall, as soon as may be, after such transfer,forward the records of such suit, or other proceeding to the tribunal;(b) the tribunal may, on receipt of such records, proceed to deal with such suit,or other proceeding, so far as may be, in the same manner as in the case of an application made under sub-section (2) of section 14 from the stage which was reached before such transfer or from any earlier stage or de novo as the tribunal may deem fitprovision for filing of certain appeals35 where any decree or order has been made or passed by any court (other than ahigh court) or any other authority in any suit or proceeding before the establishment of the tribunal, being a suit or proceeding the cause of action whereon it is based, is such that it would have been, if it had arisen after such establishment, within the jurisdiction of the tribunal, and no appeal has been preferred against such decree or order before such establishment or if preferred, the same is pending for disposal before any court including high court and the time for preferring such appeal under any law for the time being in force had not expired before such establishment, such appeal shall lie to the tribunal, within ninety days from the date on which the tribunal is established, or within ninety days from the date of receipt of the copy of such decree or order, whichever is later36 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 code45 of 1860proceedings before tribunal to be judicial proceeding37 the chairperson, other members and the officers and other employees provided under section 13 to the tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code45 of 1860members andstaff of tribunal to be public servantsprotection of action taken in good faith38 no suit, prosecution or other legal proceeding shall lie against the central government or against the chairperson or any other member or any other person authorised by the chairperson, for anything which is done in good faith or intended to be done in pursuance of this act or any rule or order made thereunder in the discharge of official dutiesact to have overriding effect39 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 actpower to remove difficulties40 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty:provided that no 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, as soon as may be after it is made, be laid before each house of parliament41 (1) the central government may, by notification, make rules for the purpose of carrying out the provisions of this actpower of central government to make rules(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 case or cases which shall be decided by a bench composed of more than two members under clause (c) of sub-section (3) of section 5;(b) the procedure under sub-section (3) of section 9 for the investigation of misbehaviour or incapacity of chairperson or other member;(c) the salaries and allowances payable to, and the other terms and conditions of service of the chairperson and other members under section 10;(d) the financial and administrative powers which the chairperson may exercise over the benches of the tribunal under section 12;(e) the salaries and allowances payable to, and other terms and conditions of service of the officers and other employees of the tribunal under sub-section (2) of section 13;(f) the form in which an application may be made under sub-section (2) of section14, the documents and other evidence by which such application shall be accompanied and the fee payable in respect of the filing of such application or for the service of execution of processes;(g) the other matter which may be prescribed under clause (i) of sub-section (4)of section 14;(h) the form and manner in which an appeal may be filed, the fee payable thereon and the time within which such appeal may be filed under sub-section (2) of section 15;(i) the rules subject to which the tribunal shall have power to regulate its own procedure under sub-section (1) of section 23;(j) competent authority who may authorise legal practitioners or law officers to act as counsel under sub-section (2) of section 25;(k) any other matter which may be prescribed or in respect of which rules are required to be made by the central governmentpower to make rules retrospectively42 the powers to make rules under section 41 shall include the power to make such rules or any of them retrospectively from a date not earlier than the date on which this act shall come into operation 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 applicablelaying of rules43 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 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 existing system of administration of justice in the army and air force provides for submission of statutory complaints against grievances relating to service matters and pre and post confirmation petitions to various authorities against the findings and sentences of courts-martial in navy, an aggrieved person has a right to submit a complaint relating to service matters and has a right of audience before the judge advocate general in the navy in regard to the finding and sentence of a court-martial before the same are finally put up to the chief of the naval staff2 having regard to the fact that a large number of cases relating to service matters of the members of the above-mentioned three armed forces of union have been pending in the courts for a long time, the question of constituting an independent adjudicatory forum for the defence personnel has been engaging the attention of the central government for quite some time in 1982, the supreme court in prithi pal singh bedi v union of india and others (air 1982 sc 1413) held that the absence of even one appeal with power to rview evidence, legal formulation, conclusion and adequacy or otherwise of punishment in the laws relating to the armed forces was a distressing and glaring lacuna and urged the government to take steps to provide for at least one judicial review in service matters the estimates committee of the parliament in their 19th report presented to the lok sabha on 20th august, 1992 had desired that the government should constitute an independent statutory board or tribunal for service personnel3 in view of the above, it is proposed to enact a new legislation by constituting an armed forces tribunal for the adjudication of complaints and disputes regarding service matters and appeals arising out of the verdicts of the courts-martial of the members of the three services (army, navy and air force) to provide for quicker and less expensive justice to the members of the said armed forces of the union4 establishment of an independent armed forces tribunal will fortify the trust and confidence amongst members of the three services in the system of dispensation of justice in relation to their service matters5 the bill seeks to provide for a judicial appeal on points of law and facts against the verdicts of courts-martial which is a crying need of the day and lack of it has often been adversely commented upon by the supreme court the tribunal will oust the jurisdiction of all courts except the supreme court whereby resources of the armed forces in terms of manpower, material and time will be conserved besides resulting in expeditious disposal of the cases and reduction in the number of cases pending before various courts ultimately, it will result in speedy and less expensive dispensation of justice to the members of the abovementioned three armed forces of the union6 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectivesnew delhi;pranab mukherjeethe 15th december, 2005 notes on clausesclause 1—this clause provides for the short title of the bill and its commencementas certain preparatory steps are required to be taken before the proposed legislation is brought into force, it is proposed to empower the central government to bring the legislation into force from a date to be appointed by itclause 2—this clause specifies the persons to whom the provisions of the proposed legislation shall apply it will be applicable to all persons who are subject to the army act, 1950, the navy act, 1957 and the air force act, 1950 it will also apply to retired personnel subject to the aforesaid acts including their dependents, heirs and successors, in so far as it relates to the service matters of such retired personnel and othersclause 3—this clause defines certain words and expressions used in the bill the definitions of "administrative member", "court martial", "military custody", "service matters" etc, are some of themclause 4—this clause empowers the central government to establish the armed forces tribunal to exercise the jurisdiction, powers and authority conferred on it by or under the proposed legislationclause 5—this clause contains the composition of the tribunal and the benches thereof this clause also provides the duties and functions of the chairperson and the location of the principal bench and other benches clause 6—this clause specifies the qualifications for appointment of chairperson and other members of the tribunalclause 7—this clause specifies the authority for selection and appointment of chairperson, vice-chairperson and other members of the tribunalclause 8—this clause provides for the term of office of the chairperson and other members of the tribunal for holding the officeclause 9–this clause specifies the manner in which the chairperson and a member shall resign his office and the manner of their removal from office such a removal could be on the grounds of proved misbehaviour or incapacity sub-clause (3) of the said clause empowers the central government to make rules to regulate the procedure for the investigation of misbehaviour or incapacity of the chairperson or other membersclause 10–this clause specifies the authority to determine the salaries, allowances and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the chairperson and other membersclause 11–this clause provides for the prohibitions for holding of offices, etc, by the chairperson or other members on ceasing to be such chairperson or memberclause 12—this clause specifies the financial and administrative powers of the chairpersonclause 13—this clause empowers the central government to determine the nature, categories and salaries and allowances of the officers and other employees required to assist the tribunal in the discharge of its functionsclause 14—this clause specifies the jurisdiction, powers and authority in relation to service matters to be exercised by the tribunal and also the procedure for filing an application by the aggrieved person and deciding the admissibility of such application by the tribunal the tribunal shall decide both questions of law and facts that may be raised before it sub-clause (4) of the said clause confers certain powers of a civil court under the code of civil procedure, 1908 to the tribunal while trying a suit under the proposed legislation these matters, inter alia, include the power to summon and enforce the attendance of any person and examine him on oath, receiving of evidence on affidavits and reviewing its decisionsclause 15—this clause specifies the jurisdiction, powers and authority to be exercised by the tribunal in relation to matters of appeal against any order, decision, finding or sentence passed by a court-martial or any matter connected therewith or incidental thereto sub-clause (2) specifies the right to any aggrieved person to prefer an appeal against an order, decision, finding or sentence passed by a court-martial sub-clause (3) provides that the tribunal shall have powers to grant bail except in an offence punishable with death or imprisonment for life sub-clause (7) provides that the tribunal shall be deemed to be a criminal court for the purposes of section 175, 178, 179, 180, 193, 195, 196 or 228 of the indian penal code and chapter xxvi of the code of criminal procedure, 1973clause 16–this clause empowers the tribunal for quashing a conviction and make order for retrial by a court-martial on certain conditions and specifies the offences for which an appellant shall not be retried under this clauseclause 17–this clause specifies the powers of the tribunal on appeal under clause 15of the bill such powers include the power to order the production of documents or exhibits connected with the proceedings before the court-martial, order attendance of witnesses and securing attendance of witnessesclause 18—this clause specifies the powers of the tribunal to make such order as to costs as it may deem fit, while disposing of the application under clause 14, or an appeal under clause 15, of the billclause 19–this clause confers powers on the tribunal to punish for its contempt for using any insulting or threatening language, or by causing any interruption or disturbance in the proceedings of such tribunal for the purposes of trying an offence under this clause, the provisions of sections 14, 15, 17, 18 and 20 of the contempt of courts act, 1971 shall mutatis mutandis applyclause 20—this clause empowers the chairperson to make provisions for distribution of the business of the tribunal amongst its benchesclause 21—this clause specifies the condition for not admitting an application unless other available remedies are exhausted it also specifies the remedies available and the time limit for preferring the petition or representationclause 22—this clause specifies the period of limitation for admitting or otherwise of an application and also to condone the limitation provided under this clauseclause 23—this clause provides the procedural powers of the tribunal such as laying down and regulation of its own procedure, fixing of place and time of inquiry, perusal of documents, affidavits or written representations or oral arguments, adjournment, etc it also specifies the condition for grant of adjournment and awarding of costclause 24—this clause specifies the reckoning or commencement of term of sentence on appealclause 25—this clause provides the right to the applicant or of the appellant for taking assistance of legal practitioner or government counsel to present the case before the tribunalclause 26—this clause specifies the condition and the procedure for making of interim ordersclause 27—this clause empowers the chairperson to transfer any case pending before one bench for disposal to another benchclause 28—this clause provides that if the members of a bench of the tribunal differ in opinion on any point or points, the point or points shall be decided according to the opinion of the majorityclause 29—this clause relates to the finality of the execution of the order of the tribunalclause 30—this clause provides that an appeal shall lie to the supreme court against the final decision or order of the tribunal (other than an order passed under proposed section 19)clause 31—this clause provides that an appeal to the supreme court shall lie with the leave of the tribunal and the manner of making appeal to the tribunal for leave to appealclause 32—this clause specifies the powers of the supreme court to extend the time within which an appeal may be preferredclause 33—this clause ousts the jurisdiction of the civil courts to exercise the jurisdiction, power or authority in relation to such service matters as are exercisable by the tribunalclause 34—this clause specifies the condition for transfer of cases pending before any court including a high court or other authority, immediately on establishment of the tribunalclause 35—this clause relates to the provisions for filing of appeal to the tribunal and the period of limitation for filing of such appeal, where any decree or order has been made or passed by any court (other than a high court)clause 36—this clause provides that 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 codeclause 37–this clause provides that the chairperson, other members and the officers and other employees provided under clause 13 of the bill shall be deemed to be public servants within the meaning of section 21 of the indian penal codeclause 38—this clause seeks to provide the protection to the central government, the chairperson, any other member or any other person against suit, prosecution or other legal proceeding for the action taken in good faith or in discharge of the official dutiesclause 39—this clause provides that the provisions of the proposed legislation shall have an overriding effect on any other law for the time being in force or any instrument having the force of lawclause 40—this clause empowers the central government to make, by order published in the official gazette, provisions for removal of difficulties in giving effect to the provisions of the proposed legislation such orders could be made only within two years from the commencement of the proposed legislation sub-clause (2) provides that every order issued under this clause is required to be laid before each house of parliamentclause 41—sub-clause (1) of this clause empowers the central government to make, by notification in the official gazette, rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) enumerates the matters in respect of which such rules may be made these matters, inter alia, include the case or cases which shall be decided by a bench composed of more than two members under item (c) of sub-clause (3) of clause 5; the procedure under sub-clause (3) of clause 9 for the investigation of misbehaviour or incapacity of chairperson or other members, the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members under clause 10, the financial and administrative powers which the chairperson may exercise over the benches of the tribunal under section 12, the salaries and allowances payable to, and the other terms and conditions of service of the officers and other employees of the tribunal under sub-clause (2) of clause 13, the form in which an application may be made under sub-clause (2) of clause 14, the documents and other evidence by which such application shall be accompanied and the fee payable in respect of the filing of such application or for the service of execution of processes, the other matters which may be prescribed under item (i) of sub-clause (4) of clause 14, the form and manner in which an appeal may be filed, the fee payable thereon and the time within which such appeal may be filed under subclause (2) of clause 15, the rules subject to which the tribunal shall have power to regulate its own procedure under sub-clause (1) of clause 23 and competent authority who may authorise legal practitioners or law officers to act as counsel under sub-clause (2) of clause 25clause 42—this clause empowers the central government to make rules retrospectively from a date not earlier than the date on which this act shall come into operation but no such retrospective effect shall be given to any such rule so as to prejudicially affect the interest of any person to whom such rule may be applicableclause 43—this clause provides that every rule made by the central government shall be required to be laid before each house of parliament financial memorandumclause 4 of the bill provides that the central government shall establish a tribunal to be known as the armed forces tribunal to exercise the jurisdiction, powers and authority conferred on it by or under the proposed legislation sub-clause (1) of clause 5 of the bill provides that the tribunal shall consist of a chairperson and such number of judicial and administrative members as the central government may deem fit clause 10 of the bill provides that the salaries and allowances payable to, and the other terms and conditions of service (including pension, gratuity and other retirement benefits) of the chairperson and other members shall be determined by the central government by rules made by it subclause (1) of clause 13 of the bill empowers the central government to determine the nature and categories of officers and other employees required to assist the tribunal sub-clause (2) of said clause empowers the central government to make rules specifying the salaries and allowances payable to, and the other terms and conditions of service, of the officers and other employees of the tribunal2 it is proposed to establish, in the first instance, a principal bench of the proposed armed forces tribunal on a representative basis, the recurring annual expenditure on salary of the chairperson, members, officers and other staff of the principal bench would be estimated to be rs 190 crore and for one bench a similar recurring annual expenditure would be to the tune of rs 85 lakhs the number of the benches, the manpower requirement and the total financial implication in terms of recurring and non-recurring expenditure as well as the modalities involved would, however, be determined after appointment of the chairperson of the proposed armed forces tribunal hence, it would be difficult to work out the exact expenditure, both recurring and non-recurring at this stage memorandum regarding delegated legislationsub-clause (1) of clause 41 of the bill empowers the central government to make rules, by notification in the official gazette, for carrying out the provisions of the proposed legislation sub-clause (2) of that clause enumerates the matters with respect to which rules may be made under the proposed legislation these matters, inter alia, relate to deciding of cases by a bench of the armed forces tribunal composed of more than two members, the procedure for investigation of misbehaviour or incapacity of the chairperson and other members, the salaries, allowances and other terms and conditions of service (including pension, gratuity and other retirement benefits) of the chairperson and other members of the armed forces tribunal, financial and administrative powers of the chairperson, the nature and categories of officers and other employees required for the tribunal, the salaries, allowances and other terms and conditions of the service of officers and other employees, the fee for making application to the tribunal, the matters to be tried by the tribunal, the form, manner and time for preferring an appeal by an aggrieved person and the procedure of fixing of place and time of inquiry, and the authorisation of legal practitioners or any of its law officers to act as counsel before the tribunal2 clause 43 of the bill requires that the rules made under the proposed legislation shall have to be laid before parliament3 the matters in respect of which rules may be made relate to matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of normal character———— a billto provide for the adjudication or trial by armed forces tribunal of disputes and complaints with respect to commission, appointments, enrolment and conditions of service in respect of persons subject to the army act, 1950, the navy act, 1957 and the air force act, 1950 and also to provide for appeals arising out of orders, findings or sentences of courts-martial held under the said acts and for matters connected therewith or incidental thereto————(shri pranab mukherjee, minister of defence) | Parliament_bills | b4a77a48-0254-5453-a820-4e3c9229193d |
the real estate (regulation and development) bill, 2013————————arrangement of clauses———————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii registration of real estate project and registration of real estate agents3 prior registration of real estate project with real estate regulatory authority 4 application to authority 5 grant of registration 6 extension of registration 7 revocation of registration 8 obligation of authority consequent upon lapse of or on revocation of registration 9 registration of real estate agents10 functions of real estate agents chapter iii functions and duties of promoter11 functions and duties of promoter12 obligations of promoter regarding veracity of advertisement or prospectus 13 no deposit or advance to be taken by promoter without first entering into agreementof sale14 adherence to approved plans and project specifications by promoter 15 transfer of title 16 return of amount and compensation chapter iv rights and duties of allottees 17 rights and duties of allottees chapter v the real estate regulatory authority18 establishment and incorporation of real estate regulatory authority 19 composition of authority 20 qualifications of chairperson and members of authority 21 term of office of chairperson and members 22 salary and allowances payable to chairperson and members 23 administrative powers of chairperson 24 removal of chairperson and members from office in certain circumstances clauses25 restrictions on chairperson or members on employment after cessation of office 26 officers and other employees of authority 27 meetings of authority 28 vacancies, etc, not to invalidate proceeding of authority 29 functions of authority for promotion of real estate sector 30 functions of authority 31 powers of authority to call for information, conduct investigations 32 powers of authority to issue directions 33 powers of authority 34 recovery of interest or penalty or compensation chapter vi central advisory council35 establishment of central advisory council 36 functions of central advisory council chapter vii the real estate appellate tribunal37 establishment of real estate appellate tribunal 38 application for settlement of disputes and appeals to appellate tribunal 39 composition of appellate tribunal 40 qualifications for appointment of chairperson and members 41 term of office of chairperson and members 42 salary and allowances payable to chairperson and members 43 removal of chairperson and member from office in certain circumstances 44 officers and other employees of appellate tribunal 45 vacancies 46 powers of tribunal 47 administrative powers of chairperson of appellate tribunal 48 right to legal representation 49 orders passed by appellate tribunal to be executable as a decree 50 appeal to high court chapter viii offences, penalties and adjudication51 punishment for non-registration under section 3 52 penalty for contravention of section 4 53 penalty for contravention of other provisions of this act 54 penalty for non-registration and contravention under sections 9 and 10 55 penalty for wilful failure to comply with orders of authority by promoter 56 penalty for wilful failure to comply with orders of appellate tribunal by promoter 57 penalty for wilful failure to comply with orders of authority by allottee 58 penalty for wilful failure to comply with orders of appellate tribunal by allottee 59 offences by companies clauses60 compounding of offences 61 power to adjudicate 62 factors to be taken into account by adjudicating officer chapter ix finance, accounts, audits and reports63 grants and loans by central government 64 grants and loans by state government 65 constitution of fund 66 crediting sums realised by way of penalties to consolidated fundof india or state account67 budget, accounts and audit 68 annual report chapter x miscellaneous69 bar of jurisdiction 70 delegation 71 power of appropriate government to supersede authority 72 powers of appropriate government to issue directions to authority and obtain reportsand returns73 power of appropriate government to make rules 74 power to make regulations 75 laying of rules 76 members, etc, to be public servants 77 application of other laws not barred 78 act to have overriding effect 79 protection of action taken in good faith 80 power to remove difficulties bill no xlvi of 2013 the real estate (regulation and development) bill, 2013 a billto establish the real estate regulatory authority for regulation and promotion of the realestate sector and to ensure sale of plot, apartment or building, as the case may be, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and establish the appellate tribunal to hear appeals from the decisions, directions or orders of the authority and for matters connected therewith or 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 real estate (regulation and development) act, 20135(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, appoint:provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisiondefinitions2 in this act, unless the context otherwise requires, —(a) ''adjudicating officer'' means the adjudicating officer appointed under subsection (1) of section 61;5(b) ''advertisement'' means any document described or issued as advertisement through any form of media and includes any notice, circular or other documents offering for sale of a plot, building or apartment or inviting persons to purchase in any manner such plot, building or apartment or to make advances or deposits for such purposes;10(c) ''allottee'' in relation to a real estate project, means the person to whom a plot, apartment or buildings, as the case may be, has been allotted, sold or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise, but does not include a person to whom such plot, apartment or building, as the case may be, is given on rent;15(d) ''apartment'' whether called dwelling unit, flat, premises, suite, tenement, unit or by any other name, means a separate and self-contained part of any immovable property located on one or more floors or any part thereof, in a building or on a plot of land, used or intended to be used for residential purposes, or for any other type of independent use ancillary to the purpose specified and includes any covered garage, whether or not adjacent to the building in which such apartment is located which has been provided by the promoter for the use of the allottee for parking any vehicle, or as the case may be, for the residence of any domestic help employed in such apartment;20(e) ''appellate tribunal'' means the real estate appellate tribunal established under section 37;(f) ''appropriate government'' means in respect of matters relating to,—(i) the union territory without legislature, the central government; (ii) the union territory of puducherry, the union territory government;25(iii) the union territory of delhi, the central ministry of urban development;(iv) the state, the state government;20 of 197230(g) ''architect'' means a person registered as an architect under the provisions of the architects act, 1972;(h) ''authority" means the real estate regulatory authority established under sub-section (1) of section 18;(i) ''building'' includes any structure or erection or part of a structure or erection which is intended to be used for residential or other related purposes;35(j) ''carpet area'' means the net usable floor area of an apartment, excluding the area covered by the walls;(k) ''chairperson'' means the chairperson of the real estate regulatory authority appointed under section 19;40(l) ''commencement certificate'' means any certificate issued by the competent authority to allow or permit the promoter to begin development works on an immovable property;(m) ''common areas'' mean —(i) the part of the site or plot not occupied by buildings;45(ii) the stair cases, lifts, staircase and lift lobbies, fire escapes and common entrances and exits of buildings;(iii) the common basements, parks, play areas, parking areas and common storage spaces;(iv) the premises for the lodging of persons employed for the management of the property including accommodation for watch and ward staffs;(v) installations of central services such as electricity, gas, water andsanitation, air-conditioning and incinerating;5(vi) the water tanks, sumps, motors, fans, compressors, ducts and allapparatus connected with installations for common use;(vii) community and commercial facilities as may be provided;(viii) all other portion of the property necessary or convenient for its maintenance, safety, etc, and in common use;10(n) ''company'' means a company incorporated and registered under the companies act, 1956 and includes,—1 of 1956(i) a corporation established by or under any central act or state act; (ii) a development authority or any public authority established by the government in this behalf under any law for the time being in force;15(o) ''competent authority'' means the local authority or any authority createdunder any law made by the appropriate government which exercises authority over land under its jurisdiction, and has powers to give permission for development of such immovable property;20(p) ''completion certificate'' means the completion certificate, or such other certificate, as the case may be, issued by the competent authority permitting occupation of any building under any law for the time being in force;(q) ''development'' with its grammatical variations and cognate expressions, means carrying out the development of immovable property, engineering or other operations in, on, over or under the land or the making of any material change in any immovable property or land and includes re-development;25(r) ''development works'' means the external development works and internal development works on immovable property;(s) ''engineer'' means a person who possesses a bachelor's degree or equivalent from an institution recognised by the all india council of technical education or is registered as an engineer under any law for the time being in force;30(t) ''estimated cost of real estate project'' means the total cost involved in developing the real estate project and includes the land cost;35(u) ''external development works'' includes roads and road systems, landscaping, water supply, sewerage and drainage systems, electricity supply transformer, sub-station of any other work which may have to be executed in the periphery of, or outside, a colony for its benefit, as may be specified under the rules or bye-laws of the competent authority;40(v) ''immovable property'' includes land, buildings, rights of ways, lights or anyother benefit arising out of land and things attached to the earth or permanently fastened to anything which is attached to the earth, but not standing timber, standing crops or grass;(w) ''interest'' means the rates of interest payable by the promoter or the allottee,as the case may be;45(x) ''internal development works'' means roads, footpaths, water supply, sewers,drains, parks, tree planting, street lighting, provision for community buildings and for treatment and disposal of sewage and silage water, social infrastructure such aseducational, health and other public amenities or any other work in a colony necessary for its proper development;5(y) ''local authority'' means the municipal corporation or municipality or panchayats or any other local body constituted under any law for the time being in force for providing municipal services or basic services, as the case may be, in respect of areas under its jurisdiction;(z) ''member'' means the member of the real estate regulatory authority appointed under section 19 and includes the chairperson;10(za) ''notification'' means a notification published in the official gazette and the expression ''notify'' shall be construed accordingly;(zb) ''person'' includes,—(i) an individual; (ii) a hindu undivided family; (iii) a company; (iv) a firm;15(v) a competent authority; (vi) an association of persons or a body of individuals whether incorporated or not;20(vii) a co-operative society registered under any law relating to co-operative societies;(viii) any such other entity as the appropriate government may, by notification specify in this behalf;25(zc) ''planning area'' means a planning area or a development area or a local planning area or a regional development plan area, by whatever name called, or any other area specified as such by the appropriate government or any competent authority and includes any area designated by the appropriate government or the competent authority to be a planning area for future planned development, under the law relating to town and country planning for the time being in force;(zd) ''prescribed'' means prescribed by rules made under this act;(ze) ''project'' means the real estate project under this act;30(zf) ''promoter'' means,—35(i) a person who constructs or causes to be constructed an independent building or a building consisting of apartments, or converts an existing building or a part thereof into apartments, for the purpose of selling all or some of the apartments to other persons and includes his assignees and also includes a buyer who purchases in bulk for resale; or(ii) a person who develops a colony for the purpose of selling to other persons all or some of the plots, whether with or without structures thereon; or40(iii) any development authority or any other public body in respect of allottees of—(a) buildings or apartments, as the case may be, constructed by such authority or body on lands owned by them or placed at their disposal by the government; or(b) plots owned by such authority or body or placed at their disposal by the government,45for the purpose of selling all or some of the apartments or plots; or(iv) an apex state level co-operative housing finance society and a primary co-operative housing society which constructs apartments or buildings for its members or in respect of the allottees of such apartments or buildings; or5(v) any other person who acts himself as a builder, colonizer, contractor, developer, estate developer or by any other name or claims to be acting as the holder of a power of attorney from the owner of the land on which the building or apartment is constructed or colony is developed for sale; or(vi) such other person who constructs any building or apartment for sale to the general public10explanation—for the purposes of this clause, where the person who constructs or converts a building into apartments or develops a colony for sale and the persons who sells apartments or plots are different persons, both of them shall be deemed to be the promoters;15(zg) ''prospectus'' means any document described or issued as a prospectus or any notice, circular, or other document offering for sale of any real estate project or inviting any person to make advances or deposits for such purposes;20 25(zh) ''real estate agent'' means any person, who negotiates or acts on behalf of one person in a transaction of transfer of his plot, apartment or building, as the case may be, in a real estate project, by way of sale, with another person or transfer of plot, apartment or building, as the case may be, of any other person to him and receives remuneration or fees or any other charges for his services whether as a commission or otherwise and includes a person who introduces prospective buyers and sellers to each other for negotiation for sale or purchase of plot, apartment or building, as the case may be, and includes property dealers, brokers, middlemen by whatever name called;30(zi) ''real estate project'' means the development of a building or a building consisting of apartments, or converting an existing building or a part thereof into apartments, or the development of a colony into plots or apartments, as the case may be, for the purpose of selling all or some of the said apartments or plots or buildings and includes the development works thereof;(zj) ''regulations'' means the regulations made by the authority under this act chapter ii registration of real estate project and registration of real estate agents353 no promoter shall book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project, or part of it, in any planning area, without registering the real estate project with the real estate regulatory authority established under this act:provided that no such registration shall be required,—prior registration of real estate project with real estate regulatory authority40(a) where the area of land proposed to be developed does not exceed one thousand square meters or the number of apartments proposed to be developed does not exceed twelve, inclusive of all phases, or an area or number of apartments as notified by the central government on recommendations from the appropriate government, which may be different for different states or union territories but not more than one thousand square meters or twelve apartments, as the case may be;45(b) where the promoter has received all requisite approvals and the commencement certificate for the development of the real estate project prior to commencement of this act;(c) for the purpose of renovation or repair or re-development which does not involve re-allotment and marketing of the real estate projectexplanation—for the purpose of this section, where the real estate project is to be developed in phases, every such phase shall be considered as a stand alone real estate project, and the promoter shall obtain registration under the act for each phase separately| 5 | application to ||--------------------------------------------------------------------------------------------|------------------|| authority | || 4 | ( || the real estate project in such form, manner, within such time and accompanied by such fee | || as may be specified by the regulations made by the authority | |(2) the promoter shall enclose the following documents along with the application referred to in sub-section (1), namely:—10(a) a brief details of his enterprise including its name, registered address, typeof enterprise (proprietorship, societies, partnership, companies, competent authority) and the particulars of registration;15(b) an authenticated copy of the commencement certificate from the competentauthority obtained in accordance with the laws as may be applicable for the real estate project mentioned in the application, and where the project is proposed to be developed in phases, an authenticated copy of the approval and sanction from the competent authority for each of such phases;(c) the layout plan of the proposed project or the phase thereof, and also thelayout plan of the whole project as sanctioned by the competent authority;20(d) the plan of development works to be executed in the proposed project andthe proposed facilities to be provided thereof;(e) proforma of the agreements proposed to be signed with the allottees; (f) the number and the carpet area of apartments for sale in the project; (g) the names and addresses of his real estate agents, if any, for the proposedproject;25(h) the names and addresses of the contractors, architect, structural engineer, ifany, and other persons concerned with the development of the proposed project;(i) a declaration, supported by an affidavit, which shall be signed by the promoteror any person authorised by the promoter, stating,—30(a) that he has a legal title to the land on which the development is proposedalong with a legally valid authentication of such title if such land is owned by another person;(b) that the land is free from all encumbrances, or as the case may be, ofthe encumbrances on such land including any rights, title, interest or name of any party in or over such land along with details;35(c) the likely period of time within which he undertakes to complete theproject or phase thereof;40(d) that seventy per cent, or such lesser per cent as notified by the appropriate government, of the amounts realised for the real estate project from the allottees, from time to time, shall be deposited in a separate account to be maintained in a scheduled bank within a period of fifteen days of its realisation to cover the cost of construction and shall be used only for that purposeexplanation— for the purpose of this clause, the term ''scheduled bank''means a bank included in the second schedule to the reserve bank of india act, 1934;(e) that he has furnished such other documents as may be prescribed by the rules or regulations made under this act; and (j) such other information and documents as may be prescribedgrant of registration5 (1) on receipt of the application under sub-section (1) of section 4, the authority shall within a period of fifteen days—5(a) grant registration subject to the provisions of this act and the rules and regulations made thereunder, and provide a registration number, including a login id and password to the applicant for accessing the website of the authority and to create his web page and to fill therein the details of the proposed project; or(b) reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of this act or the rules or regulations made thereunder:10provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter15(2) if the authority fails to grant the registration or reject the application, as the case may be, as provided under sub-section (1), the project shall be deemed to have been registered, and the authority shall within two days of the expiry of the said fifteen days, provide a registration number and a login id and password to the promoter for accessing the website of the authority and to create his web page and to fill therein the details of the proposed project(3) the registration granted under this section shall be valid for a period declared by the promoter under sub-clause (c) of clause (i) of sub-section (2) of section 4 for completion of the project or phase thereof, as the case may be20extension of registration6 the registration granted under section 5 may be extended by the authority on an application made by the promoter under such conditions as may be prescribed and in such form and on payment of such fee as may be specified by the regulations made by the authority:provided that no application for extension of registration shall be rejected unless the applicant has been given an opportunity of being heard in the matter25revocation of registration7 (1) the authority may, on receipt of a complaint in this behalf or on the recommendation of the competent authority, revoke the registration granted under section 5, after being satisfied that—(a) the promoter makes wilful default in doing anything required of him by or under the act or the rules or the regulations made thereunder;30(b) the promoter violates any of the terms or conditions of the approval given by the competent authority;(c) the promoter is involved in any kind of unfair practice or irregularities35explanation— for the purposes of this clause, the term ''unfair practice'' means a practice which, for the purpose of promoting the sale or development of any real estate project adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:—(a) the practice of making any statement, whether orally or writing or by visible representation which,—40(i) falsely represents that the services are of a particular standard or grade;(ii) represents that the promoter has approval or affiliation which such promoter does not have;(iii) makes a false or misleading representation concerning the services;(b) the promoter permits the publication of any advertisement or prospectus whether in any newspaper or otherwise of services that are not intended to be offered5(2) the registration granted to the promoter under section 5 shall not be revoked unless the authority has given to the promoter not less than thirty days notice, in writing, stating the grounds on which it is proposed to revoke the registration, and has considered any cause shown by the promoter within the period of that notice against the proposed revocation10(3) the authority may, instead of revoking the registration under sub-section (1), permit it to remain in force subject to such further terms and conditions as it thinks fit to impose in the interest of the allottees, and any such terms and conditions so imposed shall be binding upon the promoter(4) upon the revocation of the registration, the authority,—15(a) shall debar the promoter from accessing its website in relation to that project and specify his name in the list of defaulters on its website and also inform the other real estate regulatory authorities in other states and union territories about such cancellation;(b) may recommend to the competent authority to facilitate the balance of the development works to be carried out in accordance with the provisions of section 8;20(c) may, to protect the interest of prospective buyers or in the public interest, issue such directions as it may deem necessary 8 upon lapse of the registration or on revocation of the registration under this act, the authority, may consult the appropriate government to take such action as it may deem fit including the carrying out of the remaining development works by competent authority or by the association of allottees or in any other manner, as may be determined by the authority:25obligation of authority consequent upon lapse of or on revocation of registrationprovided that no direction, decision or order of the authority under this section shall take effect until the expiry of the period of appeal provided under the provisions of this actregistration of real estate agents309 (1) no real estate agent shall facilitate the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being the part of the real estate project registered under section 3, being sold by the promoter in any planning area, without obtaining registration under this section35(2) every real estate agent shall make an application to the authority for registration in such form, manner, within such time and accompanied by such fee and documents as may be prescribed(3) the authority shall, within such period, in such manner and satisfying itself of the fulfilment of such conditions, as may be prescribed—(a) grant registration to the real estate agent;40(b) reject the application for reasons to be recorded in writing, if such applicationdoes not conform to the provisions of this act or the rules or regulations made thereunder:provided that no application shall be rejected unless the applicant has been given an opportunity of being heard in the matter45(4) whereon the completion of the period specified under sub-section (3), if the applicant does not receive any communication about the deficiencies in his application or the rejection of his application, he shall be deemed to have been registered(5) every real estate agent who is registered as per the provisions of this act or the rules and regulations made thereunder, shall be granted a registration number by the authority, which shall be quoted by the real estate agent in every sale facilitated by him under the act(6) every registration shall be valid for such period as may be prescribed, and shall be renewable for a period in such manner and on payment of such fee as may be prescribed5(7) where any real estate agent who has been granted registration under this act commits breach of any of the conditions thereof or any other terms and conditions specified under this act or any rules or regulations made thereunder, or where the authority is satisfied that such registration has been secured by the real estate agent through misrepresentation or fraud, the authority may, without prejudice to any other provisions under this act, revoke the registration or suspend the same for such period as it thinks fit:provided that no such revocation or suspension shall be made by the authority unless an opportunity of being heard has been given to the real estate agent1010 every real estate agent registered under section 9 shall—functions of real estate agents(a) not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter in any planning area, which is not registered with the authority;15(b) maintain and preserve such books of account, records and documents as may be prescribed;(c) not involve himself in any unfair trade practices, namely:—(i) the practice of making any statement, whether orally or in writing or by visible representation which—20(a) falsely represents that the services are of a particular standard or grade;(b) represents that the promoter has approval or affiliation which such promoter does not have;(c) makes a false or misleading representation concerning the services;25(ii) permitting the publication of any advertisement whether in any newspaper or otherwise of services that are not intended to be offered; (d) facilitate the possession of all documents, as the allottee is entitled to, at the time of booking of any plot, apartment or building, as the case may be;30(e) discharge such other functions as may be prescribed chapter iii functions and duties of promoterfunctions and duties of promoter3511 (1) the promoter shall, upon receiving his login id and password under clause(a) of sub-section (1) of section 5 or under sub-section (2) of section 5, as the case may be, create his web page on the website of the authority and enter all details of the proposed project as provided under sub-section (2) of section 4, in all the fields as provided, including —(a) details of the registration granted by the authority; (b) quarterly up-to-date list of number and types of apartments or plots, as thecase may be, booked;40(c) quarterly up-to-date status of the project; and (d) such other information and documents as may be specified by the regulationsmade by the authority(2) the advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the authority, wherein all details of the registered project45have been entered and include the registration number obtained from the authority and such other matters incidental thereto(3) the promoter, upon entering into an agreement of sale with the allottee shall be responsible to make available to the allottee, the following information, namely:—5(a) site and layout plans along with specifications, approved by the competent authority, by display at the site or such other place as may be specified by the regulations made by the authority;(b) the stage-wise time schedule of completion of the project, including the provisions for water, sanitation and electricity (4) the promoter shall—10(a) be responsible to obtain a completion certificate from the relevant competent authority as per local laws or other laws for the time being in force and to make it available to the allottees individually or to the association of allottees, as the case may be;15(b) be responsible for providing and maintaining the essential services, as may be specified in the service level agreements, on reasonable charges, till the taking over of the maintenance of the project by the association of the allottees;20(c) take steps for the formation of an association or society or co-operative society, as the case may be, of the allottees, or a federation of the same, under the laws applicable (5) the promoter may cancel the allotment only in terms of the agreement of sale: provided that the allottee may approach the authority for relief, if he is aggrieved by such cancellation and such cancellation is not in accordance with the terms of the agreement of sale, unilateral and without any sufficient cause25(6) the promoter shall prepare and maintain all such other details as may be specified, from time to time, by regulations made by the authority3012 where any person makes an advance or a deposit on the basis of the information contained in the advertisement or prospectus and sustains any loss or damage by reason of any incorrect, false statement included therein, he shall be compensated by the promoter in the manner as provided under this act:obligations of promoter regarding veracity of advertisement or prospectusprovided that if the person affected by such incorrect, false statement contained in the advertisement or prospectus, intends to withdraw from the proposed project, he shall be returned his entire investment along with interest at such rate as may be prescribed3513 (1) a promoter shall not accept a sum more than ten per cent of the cost of the apartment, plot, or building, as the case may be, as an advance payment or an application fee, from a person without first entering into a written agreement for sale with such personno deposit or advance to be taken by promoter without first entering into agreement of sale40(2) the agreement referred to in sub-section (1) shall be in such form as may be prescribed and specify the particulars of development of the project including the construction of building and apartments, along with specifications and external development works, the dates and the manner by which payments towards the cost of the apartment, plot, or building, as the case may be, are to be made by the allottees and the likely date on which the possession of the apartment, plot, or building is to be handed over and such other particulars, as may be prescribed4514 (1) the proposed project shall be developed and completed by the promoter in accordance with the plans and structural designs and specifications as approved by the competent authoritiesadherence to approved plans and project specifications by promoter(2) in case any structural defect in such development is brought to the notice of the promoter within a period of two years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within reasonable time, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under this act5transfer of title15 (1) the promoter shall take all necessary steps to execute a registered conveyancedeed in favour of the allottee along with the undivided proportionate title in the common areas including the handing over of the possession of the plot, apartment or building, as the case may be, in a real estate project, and the other title documents pertaining thereto10(2) after obtaining the completion certificate and handing over physical possession to the allottees in terms of sub-section (1), it shall be the responsibility of the promoter to hand over the necessary documents and plans, including common areas, to the association of the allottees or the competent authority, as the case may be, as per the local laws| 16 ||--------------------|| plot or building,— || return of || amount and || compensation |15| ( | a | ) in accordance with the terms of the agreement or, as the case may be, duly ||------------------------------------------------------------------------------------------|-----|---------------------------------------------------------------------------------|| completed by the date specified therein or any further date agreed to by the parties; or | | || ( | b | ) due to discontinuance of his business as a developer on account of suspension || or revocation of his registration under this act or for any other reason, | | |20 he shall be liable on demand to the allottees, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under this act(2) if the promoter fails to discharge any other obligations imposed on him under this act or the rules or regulations made thereunder, he shall be liable to pay such compensation to the allottees, in the manner as provided under this act25 chapter iv rights and duties of allotteesrights and duties of allottees3017 (1) the allottee shall be entitled to obtain the information relating to site and layout plans along with the specifications, approved by the competent authority and such other information as provided in this act or the rules and the regulations made thereunder or the agreement signed with the promoter(2) the allottee shall be entitled to know stage-wise time schedule of completion of the project, including the provisions for water, sanitation and electricity35(3) the allottee shall be entitled to claim the possession of apartment, plot or building, as the case may be, as per the declaration given by the promoter under sub-clause (c) of clause (i) of sub-section (2) of section 440(4) the allottee shall be entitled to claim the refund of amount paid, from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with the terms of agreement or due to discontinuance of his business as a developer on account of suspension or revocation of his registration under the provisions of this act or the rules or the regulations made thereunder(5) the allottee shall be entitled to have the necessary documents and plans, including that of common areas, after handing over the physical possession of the apartment or plot or building, as the case may be, to the allottee by the promoter45(6) every allottee, who has entered into an agreement of sale to take an apartment, plot or building, as the case may be, under section 13, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement and shall pay at the proper time and place, the proportionate share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, if any, in accordance with such agreement(7) the allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment towards any amount or charges to be paid under sub-section (6)5(8) the obligations of the allottee under sub-section (6) and the liability towards interest under sub-section (7) may be reduced when mutually agreed to between the promoter and such allottee(9) every allottee after taking possession of the apartment, plot or building, as the case may be, shall participate towards the formation of an association or society or co-operative society of the allottees, or a federation of the same10 chapter v the real estate regulatory authority1518 (1) the appropriate government shall, within a period of one year from the date of coming into force of this act, by notification, establish an authority to be known as the real estate regulatory authority to exercise the powers conferred on it and to perform the functions assigned to it under this act:establishment and incorporation of real estate regulatory authorityprovided that the appropriate government of two or more states or union territories may, if it deems fit, establish one single authority:provided further that the appropriate government may, if it deems fit, establish more than one authority in a state or union territory, as the case may be20(2) the authority shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with the 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 sued25composition of authority19 the authority shall consist of a chairperson and not less than two whole-timemembers to be appointed by the appropriate governmentqualifications of chairperson and members of authority3020 the chairperson and other members of the authority shall be appointed by the appropriate government on the recommendations of a selection committee consisting of such persons and in such manner as may be prescribed, from amongst persons having adequate knowledge of and professional experience of at least twenty years in case of the chairperson and fifteen years in the case of the members in urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, social service, public affairs or administration:35provided that a person who is, or has been, in the service of the state government shall not be appointed as a chairperson unless such person has held the post of additional secretary to the central government or any equivalent post in the central government or state government:40provided further that a person who is, or has been, in the service of the state government shall not be appointed as a member unless such person has held the post of secretary to the state government or any equivalent post in the state government or central governmentterm of office of chairperson and members21 (1) the chairperson and members shall hold office for a term not exceeding five years from the date on which they enter upon their office, or until they attain the age of sixty-five years, whichever is earlier45(2) before appointing any person as a chairperson or member, the appropriate government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such member22 (1) 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 and shall not be varied to their disadvantage during their tenuresalary and allowances payable to chairperson and members(2) notwithstanding anything contained in sub-sections (1) and (2) of section 21, the chairperson or a member, as the case may be, may,—5(a) relinquish his office by giving in writing, to the appropriate government, notice of not less than three months; or(b) be removed from his office in accordance with the provisions of section 24of this act10(3) any vacancy caused to the office of the chairperson or any other member shall be filled-up within a period of six months from the date on which such vacancy occursadministrative powers of chairperson1523 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 administrative powers and functions of the authority as may be prescribed24 (1) the appropriate government may, by order, remove from office, the chairperson or other members, if the chairperson or such other member, as the case may be,—(a) has been adjudged as an insolvent; or (b) has been convicted of an offence, involving moral turpitude; orremoval of chairperson and members from office in certain circumstances(c) has become physically or mentally incapable of acting as a member; or20(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or(e) has so abused his position as to render his continuance in office prejudicial to the public interest25(2) no such chairperson or member shall be removed from his office under clause (d)or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter25 (1) the chairperson or a member, ceasing to hold office as such, shall not—30(a) accept any employment in, or connected with, the management or administration of, any person or organisation which has been associated with any work under the act, from the date on which he ceases to hold office:restrictions on chairperson or members on employment after cessation of office1 of 195635provided that nothing contained in this clause shall apply to any employmentunder the appropriate government or a local authority or in any statutory authority or any corporation established by or under any central, state or provincial act or a government company, as defined in section 617 of the companies act, 1956;(b) act, for or on behalf of any person or organisation in connection with anyspecific proceeding or transaction or negotiation or a case to which the authority is a party and with respect to which the chairperson or such member had, before cessation of office, acted for, or provided advice to, the authority;40(c) give advice to any person using information which was obtained in his capacityas the chairperson or a member and being unavailable to or not being able to be made available to the public;45(d) enter into a contract of service with, or accept an appointment to a board ofdirectors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office as such (2) the chairperson and members shall not communicate or reveal to any person any matter which has been brought under his consideration or known to him while acting as suchofficers and other employees of authority26 (1) the appropriate government may, in consultation with the authority, appoint such officers and employees as it considers necessary for the efficient discharge of their functions under this act who would discharge their functions under the general superintendence of the chairperson5(2) the salary and allowances payable to, and the other terms and conditions of service of, the officers and of the employees of the authority appointed under subsection (1) shall be such as may be prescribedmeetings of authority1027 (1) the authority shall meet at such places and times, and shall follow such rulesof procedure in regard to the transaction of business at its meetings (including quorum at such meetings), as may be specified by the regulations made by the authority(2) the chairperson if for any reason, is unable to attend a meeting of the authority, any other member chosen by the members present amongst themselves at the meeting, shall preside at the meeting15(3) all questions which come up before any meeting of the authority shall be decided by a majority of votes by the members present and voting, and in the event of an equality of votes, the chairperson or in his absence, the person presiding, shall have a second or casting vote28 no act or proceeding of the authority shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the authority; orvacancies, etc, not to invalidate proceeding of authority20(b) any defect in the appointment of a person acting as a member of the authority; or(c) any irregularity in the procedure of the authority not affecting the merits of the case2529 the authority shall in order to facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector make recommendations to the appropriate government or the competent authority, as the case may be, on,—functions of authority for promotion of real estate sector(a) protection of interest of the allottees and promoter;| ( | b | ) measures to improve the processes and procedures for clearance and sanction ||----------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| of plans and development of projects; | | || 30 | | || ( | c | ) measures to encourage construction of environmentally sustainable and || affordable housing, promote standardisation, including grading and use of appropriate | | || construction materials, fixtures, fittings and construction techniques; | | || 35 | | || ( | d | ) measures to facilitate amicable conciliation of disputes between the promoters || and the allottees through dispute settlement forums set up by the consumer or promoter | | || associations; | | || ( | e | ) any other issue that the authority may think necessary for the promotion of || the real estate sector | | |30 the functions of the authority shall, inter alia, include—functions of authority(a) to render advice to the appropriate government in matters relating to thedevelopment of real estate sector;40(b) to publish and maintain a website of records of all real estate projects forwhich registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted;45(c) to maintain a database, on its website, and enter the names of promoters asdefaulters including the project details, registration for which has been revoked or have been penalised under the act, with reasons therefor, for access to the general public;(d) to maintain a database, on its website, and enter the names of real estate agents who have applied and registered under this act, with such details as may be prescribed, including those whose registration has been rejected or revoked;5(e) to fix through regulations for each areas under its jurisdiction the standardfees, to be levied on the allottees by the promoter or the association of allottees, as the case may be;(f) to ensure compliance of the obligations cast upon the promoters, theallottees and the real estate agents under this act and the rules and regulations made thereunder;10(g) to ensure compliance of its regulations or orders or directions made in exerciseof its powers under this act;| ( ||-------------------------------------------------------------------------------------|| appropriate government as may be necessary to carry out the provisions of this act || 15 || powers of || authority to || call for || information, || conduct || investigations |31 (1) where the authority considers it expedient to do so, on a complaint relating to the act or the rules or regulations made thereunder, it may, by order in writing and recording reasons therefor call upon any promoter or allottee or real estate agent, as the case may be, at any time to furnish in writing such information or explanation relating to its affairs as the authority may require and appoint one or more persons to make an inquiry in relation to the affairs of any promoter or allottee or the real estate agents, as the case may be205 of 1908(2) notwithstanding anything contained in any other law for the time being in force, while exercising the powers under sub-section (1), the authority shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit, in respect of the following matters, namely:—25(i) the discovery and production of books of account and other documents, atsuch place and at such time as may be specified by the authority;(ii) summoning and enforcing the attendance of persons and examining them onoath;(iii) issuing commissions for the examination of witnesses or documents;| ( ||--------------|| 30 || powers of || authority to || issue || directions |32 the authority may, for the purpose of discharging its functions under the provisionsof this act or the rules or the regulations made thereunder, issue such directions from time to time, to the promoters and allottees or real estate agents, as the case may be, as it may consider necessary and such directions shall be binding on all concernedpowers of authority3533 (1) the authority shall have powers to impose penalty or interest, in regard to any contravention of obligations cast upon the promoters, the allottees and the real estate agents, under this act or the rules and the regulations made thereunder(2) the authority shall be guided by the principles of natural justice and, subject to the other provisions of this act and the rules made thereunder, the authority shall have powers to regulate its own procedure40(3) where an issue is raised relating to agreement, action, omission, practice or procedure that—(a) has an appreciable prevention, restriction or distortion of competition in connection with the development of a real estate project; or(b) has effect of market power of monopoly situation being abused for affecting interest of allottees adversely,45then the authority, may, suo motu, make reference in respect of such issue to the competition commission of india34 if a promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or compensation imposed on him under this act, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribedrecovery of interest or penalty or compensation chapter vi central advisory council535 (1) the central government may, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the central advisory councilestablishment of central advisory council10(2) the minister to the government of india in charge of the ministry of the central government dealing with housing shall be the ex officio chairperson of the central advisory council15(3) the central advisory council shall consist of representatives of the ministry of finance, ministry of industry and commerce, ministry of urban development, ministry of consumer affairs, ministry of corporate affairs, ministry of law and justice, planning commission, national housing bank, housing and urban development corporation, five representatives of state governments to be selected by rotation, five representatives of the real estate regulatory authorities to be selected by rotation, and any other central government department as notified20(4) the central advisory council shall also consist of not more than ten members to represent the interests of real estate industry, consumers, construction labourers, nongovernmental organisations and academic and research bodies in the real estate sector36 (1) the functions of the central advisory council shall be to advise and recommend the central government—functions of central advisory council(a) on all matters concerning the implementation of the act;| ( | b | ) on major questions of policy; ||-----|-----|--------------------------------------------|| 25 | | || ( | c | ) towards protection of consumer interest; |(d) to foster the growth and development of the real estate sector; (e) on any other matter as may be assigned to it by the central government30(2) the central government may specify the rules to give effect to the recommendations of the central advisory council on matters as provided under sub-section (1) chapter vii the real estate appellate tribunal3537 (1) the appropriate government shall, within a period of one year from the date of coming into force of this act, by notification, establish an appellate tribunal to be known as the ---- (state/union territory) real estate appellate tribunal:establishment of real estate appellate tribunalprovided that the appropriate government of two or more states or union territories may, if it deems fit, establish one single appellate tribunal40(2) any person aggrieved by any direction or decision or order made by the authority or by an adjudicating officer under this act may prefer an appeal before the appellate tribunal which shall have jurisdiction over the matter38 (1) the appropriate government or the competent authority or any person aggrieved by any direction or order or decision of the authority or the adjudicating officer may prefer an appeal to the appellate tribunalapplication for settlement of disputes and appeals to appellate tribunal45(2) every appeal made under sub-section (1) shall be preferred within a period of sixty days from the date on which a copy of the direction or order or decision made by the authority is received by the appropriate government or the competent authority or the aggrieved person and it shall be in such form, and accompanied by such fee, as may be prescribed:provided that the appellate tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filing it within that period5(3) on receipt of an appeal under sub-section (1), the appellate tribunal may after giving the parties an opportunity of being heard, pass such orders as it thinks fit(4) the appellate tribunal shall send a copy of every order made by it to the parties and to the authority or the adjudicating officer, as the case may be10(5) the appeal preferred under sub-section (1), shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of ninety days from the date of receipt of appeal:15provided that where any such 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 appeal within that period(6) the appellate tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to disposing of such appeal and make such orders as it thinks fit20composition of appellate tribunal39 the appellate tribunal shall consist of a chairperson and two other members of which one shall be a judicial member and other shall be a technical or administrative member, to be appointed by the appropriate governmentexplanation—for the purposes of this chapter,—(i) ''judicial member'' means a member of the appellate tribunal appointed as such under clause (b) of sub-section (1) of section 40;25(ii) ''technical or administrative member'' means a member of the appellate tribunal appointed as such under clause (c) of sub-section (1) of section 4040 (1) 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 high court; and30qualifications for appointment of chairperson and members35(b) in the case of a judicial member he has held a judicial office in the territory of india for at least seven years or has been a member of the indian legal service and has held the post in grade i of that service or any equivalent post for at least three years, or has been an advocate for at least fifteen years with experience in dealing with real estate matters; and40(c) in the case of a technical or administrative member, he is a person who is well-versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration and possesses experience of at least fifteen years in the field or who has held the post in the central government or a state government equivalent to the post of joint secretary to the government of india or an equivalent post in the central government or an equivalent post in the state government45(2) the chairperson of the appellate tribunal shall be appointed by the appropriate government in consultation with the chief justice of high court or his nominee(3) the judicial members and technical or administrative members of the appellate tribunal shall be appointed by the appropriate government on the recommendations of a selection committee consisting of such persons and in such manner as may be prescribedterm of office of chairperson and members41 (1) the chairperson of the appellate tribunal or a member of the appellate tribunal shall hold office, as such for a term not exceeding five years from the date on which he enters upon his office, but shall not be eligible for re-appointment:5provided that in case a person, who is or has been a judge of a high court, has been appointed as chairperson of the tribunal, he shall not hold office after he has attained the age of sixty-seven years:provided further that no judicial member or technical or administrative member shall hold office after he has attained the age of sixty-five years10(2) before appointing any person as chairperson or member, the appropriate government shall satisfy itself that the person does not have any such financial or other interest, as is likely to affect prejudicially his functions as such member 42 (1) 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 and shall not be varied to their disadvantage during their tenuresalary and allowances payable to chairperson and members15(2) notwithstanding anything contained in sub-sections (1) and (2) of section 41, the chairperson or a member, as the case may be, may:—(a) relinquish his office by giving in writing to the appropriate government a notice of not less than three months;(b) be removed from his office in accordance with the provisions of section 4320(3) a vacancy caused to the office of the chairperson or any other member, as the case may be, shall be filled-up within a period of six months from the date on which such vacancy occurs2543 (1) the appropriate government may, in consultation with the chief justice of the high court, remove from office of the chairperson or any judicial member of the appellate tribunal, who —(a) has been adjudged as an insolvent; orremoval of chairperson and member from office in certain circumstances(b) has been convicted of an offence which, in the opinion of the appropriate government involves moral turpitude; or(c) has become physically or mentally incapable; or30(d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or(e) has so abused his position as to render his continuance in office prejudicial to the public interest35(2) the chairperson or judicial member shall not be removed from his office except by an order made by the appropriate government after an inquiry made by the judge of the high court in which such chairperson or judicial member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges40(3) the appropriate government may suspend from the office of the chairperson or judicial member in respect of whom a reference of conducting an inquiry has been made to the judge of the high court under sub-section (2), until the appropriate government passes an order on receipt of the report of inquiry made by the judge of the high court on such reference(4) the appropriate government may, by rules, regulate the procedure for inquiry referred to in sub-section (2)45(5) the technical or administrative member may be removed from his office by an order of the appropriate government on the grounds specified in sub-section (1) and in accordance with the procedure notified by the appropriate government:provided that the technical or administrative member shall not be removed unless he has been given an opportunity of being heard in the matter| 44 | ( | 1 ||-------------------------------------------------------|-------|----------------------------------------------------------------------------------------|| officers and employees as it may deem fit | | || 5 | | || officers and | | || other | | || employees 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 salary and allowances payable to, and the other terms and conditions of service of, the officers and employees of the appellate tribunal shall be such as may be prescribed10vacancies45 if, for reason other than temporary absence, any vacancy occurs in the office ofthe chairperson or a member of the appellate tribunal, the appropriate 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 filled15powers of tribunal5 of 190846 (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(2) subject to the provisions of this act, the appellate tribunal shall have power to regulate its own procedure1 of 1872(3) the appellate tribunal shall also not be bound by the rules of evidence contained in the indian evidence act, 1872205 of 1908(4) the appellate 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 in respect of the following matters, namely:—| ( | a | ) summoning and enforcing the attendance of any person and examining him ||----------|-----|----------------------------------------------------------------------------|| on oath; | | || 25 | | || ( | b | ) requiring the discovery and production of documents; || ( | c | ) receiving evidence on affidavits; || ( | d | ) issuing commissions for the examination of witnesses or documents; || ( | e | ) reviewing its decisions; || 30 | | || ( | f | ) dismissing an application for default or directing it || ( | g | ) any other matter which may be prescribed |45 of 1860 2 of 197435(5) all proceedings before the appellate tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the indian penal code, and the appellate tribunal shall be deemed to be civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 197347 the chairperson shall have powers of general superintendence and direction in the conduct of the affairs of appellate tribunal and he shall, in addition to presiding over the meetings of the appellate tribunal, exercise and discharge such administrative powers and functions of the appellate tribunal as may be prescribedadministrative powers of chairperson of appellate tribunal40right to legal representation48 the applicant or appellant may either appear in person or authorise 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,—(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;523 of 1959(c) ''cost accountant'' means a cost accountant as defined in clause (b) of sub-section (1) of section 2 of the cost and works accountants act, 1959 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act;(d) ''legal practitioner'' means an advocate, vakil or an attorney of any high court, and includes a pleader in practice1049 (1) every order made 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 court15appeal to high court5 of 190850 (1) any person aggrieved by any decision or order of the appellate tribunal, may, file an appeal to the high court, within a period of ninety days from the date of communication of the decision or order of the appellate tribunal, to him, on anyone or more of the grounds specified in section 100 of the code of civil procedure, 1908:20provided that the high 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 timeexplanation—the expression ''high court" means the high court of a state or union territory where the real estate project is situated25(2) no appeal shall lie against any decision or order made by the appellate tribunal with the consent of the parties chapter viii offences, penalties and adjudicationpunishment for non-registration under section 33051 (1) if any promoter contravenes the provisions of section 3, he shall be liable to a penalty which may extend up to ten per cent of the estimated cost of the real estate project as determined by the authority| ( | 2 | ) if any promoter does not comply with the orders, decisions or directions ||--------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|------------------------------------------------------------------------------|| issued under sub-section ( | 1 | ) or continues to violate the provisions of section 3, he shall be || punishable with imprisonment for a term which may extend up to three years or with fine | | || which may extend to a further ten per cent of the estimated cost of the real estate project, or | | || with both | | || 35 | | || penalty for | | || contravention | | || of section 4 | | || 52 | if any promoter knowingly provides false information or contravenes the provisions | || of section 4, he shall be liable to a penalty which may extend up to five per cent of the | | || estimated cost of the real estate project, as determined by the authority | | || 40 | | || 53 | if any promoter contravenes any other provisions of this act, other than that provided | || under section 3 or section 4, or the rules or the regulations made thereunder, he shall be | | || liable to a penalty which may extend up to five per cent of the estimated cost of the real | | || estate project as determined by the authority | | || penalty for | | || contravention | | || of other | | || provisions of | | || this act | | || 45 | | || 54 | if any real estate agent wilfully fails to comply with or contravenes the provisions | || of section 9 or section 10, he shall be liable to a penalty of ten thousand rupees for every day | | || during which such default continues, which may cumulatively extend up to five per cent of | | || the cost of plot, apartment or building, as the case may be, of the real estate project, for | | || which the sale or purchase has been facilitated as determined by the authority | | || penalty for | | || non- | | || registration | | || and | | || contravention | | || under sections | | || 9 and 10 | | |55 if any promoter, who wilfully fails to comply with, or contravenes any of the orders or directions of the authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent, of the estimated cost of the real estate project as determined by the authority556 if any promoter, who wilfully fails to comply with, or contravenes any of theorders, decisions or directions of the appellate tribunal, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to ten per cent of the estimated cost of the real estate project as determined by the appellate tribunalpenalty for wilful failure to comply with orders of authority by promoter penalty for wilful failure to comply with orders of appellate tribunal by promoter1057 if any allottee, who wilfully fails to comply with, or contravenes any of the orders,decisions or directions of the authority he shall be liable to a penalty for the period during which such default continues, which may cumulatively extend up to five per cent of the plot, apartment or building cost, as the case may be, as determined by the authoritypenalty for wilful failure to comply with orders of authority by allottee1558 if any allottee, who wilfully fails to comply with, or contravenes any of the ordersor directions of the appellate tribunal, as the case may be, he shall be liable to a penalty for the period during which such default continues, which may cumulatively extend up to ten per cent of the plot, apartment or building cost, as the case may be, as determined by the appellate tribunalpenalty for wilful failure to comply with orders of appellate tribunal by allottee offences by companies2059 (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, or was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:25provided that nothing contained in this sub-section, shall render any such person liable to any punishment under 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 offence30(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company, and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purpose of this section,—35(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 firmcompounding of offences2 of 19744060 notwithstanding anything contained in the code of criminal procedure, 1973, theoffence punishable under section 51 of this act may, either before or after the institution of the prosecution, be compounded by the court on such terms and conditions and on payment of such sums as may be prescribed:provided that the sum prescribed shall not, in any case, exceed the maximum amount of the fine which may be imposed for the offence so compoundedpower to adjudicate4561 (1) for the purpose of adjudging compensation under sections 12, 14 and section 16, the authority shall appoint any officer not below the rank of joint secretary to the state government to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity of being heard:68 of 19865provided that any person whose complaint in respect of matters covered under sections 12, 14 and section 16 is pending before the consumer disputes redressal forum or the consumer disputes redressal commission or the national consumer redressal commission, established under section 9 of the consumer protection act, 1986, on or before the commencement of this act, he may, with the permission of such forum or commission, as the case may be, withdraw the complaint pending before it and file an application before the adjudicating officer under this act10(2) the application for adjudging compensation under sub-section (1), shall be dealt with by the adjudicating officer as expeditiously as possible and dispose of the same within a period of ninety days from the date of receipt of such application:provided that where any such application could not be disposed of within the said period of ninety days, the adjudicating officer shall record his reasons in writing for not disposing of the application within that period15(3) while holding an inquiry, the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub-section (1), he may direct to pay such compensation or interest, as the case may be, as he thinks fit in accordance with the provisions of any of those sections2062 while adjudging the quantum of compensation or interest, as the case may be, under section 61, the adjudicating officer shall have due regard to the following factors, namely:—factors to be taken into account by adjudicating officer25(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;(b) the amount of loss caused as a result of the default; (c) the repetitive nature of the default chapter ix finance, accounts, audits and reports3063 the central government may, after due appropriation made by parliament in this behalf, make to the authority grants and loans of such sums of money as that government may consider necessarygrants and loans by central governmentgrants and loans by state government64 the state government may, after due appropriation made by state legislature by law in this behalf, make to the authority, grants and loans of such sums of money as the state government may think fit for being utilised for the purposes of this act35constitution of fund65 (1) the appropriate government shall constitute a fund to be called the "real estate fund" and there shall be credited thereto—(a) all government grants received by the authority; (b) the fees received under this act; (c) the interest accrued on the amounts referred to in clauses (a) to (b)40(2) the fund shall be applied for meeting —(a) the salaries and allowances payable to the chairperson and other members and the administrative expenses including the salaries and allowances payable to the officers and other employees of the authority and the appellate tribunal;45(b) the other expenses of the authority in connection with the discharge of its functions and for the purposes of this act(3) the fund shall be administered by a committee of such members of the authority as may be determined by the chairperson(4) the committee appointed under sub-section (3) shall spend monies out of the fund for carrying out the objects for which the fund has been constituted566 (1) all sums realised, by way of penalties, imposed by the appellate tribunal orthe authority, in the union territories, shall be credited to the consolidated fund of india(2) all sums realised, by way of penalties, imposed by the appellate tribunal or the authority, in a state, shall be credited to such account as the state government may specifycrediting sums realised by way of penalties to consolidated fund of india or state account10budget, accounts and audit67 (1) the authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the appropriate government in consultation with the comptroller and auditor general of india15(2) the accounts of the authority shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditor-general of india20(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 government accounts and, in particular shall have the right to demand and production of books, accounts, connected vouchers and other documents and papers, and to inspect any of the offices of the authority25(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 appropriate government by the authority and the appropriate government shall cause the audit report to be laid, as soon as may be after it is received, before each house of parliament or, as the case may be, before the state legislature or the union territory legislature, where it consists of two houses, or where such legislature consists of one house, before that houseannual report3068 (1) the authority shall prepare once in every year, in such form and at such timeas may be prescribed by the appropriate government,—(a) a description of all the activities of the authority for the previous year; (b) the annual accounts for the previous year; and (c) the programmes of work for the coming year35(2) a copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before each house of parliament or, as the case may be, before the state legislature or the union territory legislature, where it consists of two houses, or where such legislature consists of one house, before that house chapter x40 miscellaneousbar of jurisdiction69 no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the authority or the adjudicating officer or 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 act45delegation70 the authority may, by general or special order in writing, delegate to 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 under this act (except the power to make regulations under section 74) as it may deem necessary71 (1) if, at any time, the appropriate government is of the opinion,—5power of appropriate government to supersede authority(a) that, on account of the circumstances beyond the control of the authority, itis unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act; or10(b) that the authority has persistently defaulted in complying with any directiongiven by the appropriate government under this act or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the authority or the administration of the authority has suffered; or15(c) that circumstances exist which render it necessary in the public interest soto do,the appropriate government may, by notification, supersede the authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the president or the governor, as the case may be, may direct to exercise powers and discharge functions under this act:20provided that before issuing any such notification, the appropriate government shall give a reasonable opportunity to the authority to make representations against the proposed supersession and shall consider the representations, if any, of the authority(2) upon the publication of a notification under sub-section (1) superseding the authority,—25(a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such;30(b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the authority shall, until the authority is reconstituted under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (1); and(c) all properties owned or controlled by the authority shall, until the authority is reconstituted under sub-section (3), vest in the appropriate government35(3) on or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the appropriate government shall reconstitute the authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointment40(4) the appropriate government shall cause a copy of the 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 each house of parliament or, as the case may be, before the state legislature, or the union territory legislature, as the case may be, where it consists of two houses, or where such legislature consists of one house, before that house4572 (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, as the appropriate 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-sectionpowers of appropriate government to issue directions to authority and obtain reports and returns(2) if any dispute arises between the appropriate government and the authority as to whether a question is or is not a question of policy, the decision of the appropriate government thereon shall be final5(3) the authority shall furnish to the appropriate government such returns or other information with respect to its activities as the appropriate government may, from time to time, require73 (1) the appropriate government may, by notification, make rules for carrying out the provisions of this actpower of appropriate government to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—10(a) the information and documents for application to authority for registration under clause (j) of sub-section (2) of section 4;(b) the conditions under which registration of a promoter may be renewed undersection 6;15(c) the form and manner of making an application and fee and documents to beaccompanied with such application as under sub-section (2) of section 9;(d) the period, manner and conditions under which the registration is to be grantedunder sub-section (3) of section 9;(e) the validity of the period of registration and the manner and fee for renewalunder sub-section (6) of section 9;20(f) the maintenance and preservation of books of account, records and documentsunder clause (b) of section 10;(g) the discharge of other functions by the real estate agent under clause (e) ofsection 10;25(h) the rate of interest payable under section 12; (i) the form and particulars of agreement under sub-section (2) of section 13; (j) the rate of interest payable under clause (b) of sub-section (1) of section 16;(k) the rate of interest payable under sub-section (7) of section 17;30(l) the constitution of a selection committee for the appointment of chairpersonand members of authority, and the manner of selection under section 20;(m) the salaries and allowances payable to, and the other terms and conditionsof service of, the chairperson and other members of the authority under sub-section (1)of section 22;(n) the administrative powers of the chairperson under section 23;35(o) the salaries and allowances payable to, and the other terms and conditions ofservice of, the officers and other employees of the authority under sub-section (2) of section 26;(p) the details to be published and mantain on the website as under clauses (b)and under clause (d) of section 30;40(q) the additional functions which may be performed by the authority underclause (iv) of sub-section (2) of section 31;(r) the manner of recovery of interest, penalty and compensation undersection 34;45(s) the recommendations received from the central advisory council undersub-section (2) of section 36;(t) the form and manner and fee for filing of appeal under sub-section (2) of section 38;(u) the constitution of a selection committee for the appointment of members of the tribunal, and the manner of selection under sub-section (3) of section 40;5(v) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the appellate tribunal under subsection (1) of section 42;(w) the procedure for inquiry of the charges against the chairperson or judicial member of the tribunal under sub-section (4) of section 43;10(x) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees of the appellate tribunal under sub-section (3)of section 44;(y) any other powers of the tribunal under clause (h) of sub-section (4) of section46;15(z) the powers of the chairperson of the appellate tribunal under section 47; (za) the terms and conditions and the payment of such sum for compounding of the offences under section 60;(zb) the manner of inquiry under sub-section (1) of section 61;20(zc) the form to be specified in which the authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 67;(zd) the form in which and time at which the authority shall prepare an annual report under sub-section (1) of section 68;25(ze) 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 regulations74 (1) the authority may, by notification, make regulations, after it is approved by the appropriate government, in consistent with this act and the rules made thereunder to carry out the purposes of this act30(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 form and manner of making application and fee payable herewith under sub-section (1) of section 4;(b) the fee for extension of registration under section 6;35(c) such other information and documents required under clause (d) of subsection (1) of section 11;(d) display of site and layout plans along with specifications, approved by the competent authority, for display under clause (a) of sub-section (3) of section 11;(e) preparation and maintenance of other details under sub-section (6) of section11;40(f) time, places and the procedure in regard to transaction of business at themeetings of the authority under sub-section (1) of section 27;(g) standard fees to be levied by the promoter on the allottees or the association of allottees under clause (e) of section 30;(h) any other matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by the regulations45laying of rules51075 (1) every rule made by the central government, every regulation made by theauthority and every notification issued under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or in the notification, as the case may be, or both houses agree that the rule or regulation or the notification should not be made, the rule or regulation or notification, as the case may be, shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification, as the case may be15(2) every rule made by a state government or the union territory government, as the case may be, under this act shall be laid as soon as may be, after it is made, before the state legislature, or the union territory legislature, as the case may be, where it consists of two houses, or where such legislature consists of one house, before that housemembers, etc, to be public servants76 the chairperson, members and other officers and employees of the authority and the appellate tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal code45 of 18602077 the provisions of this act shall be in addition to, and not in derogation of, theprovisions of any other law for the time being in forceapplication of other laws not barred78 the provisions of this act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force:act to have overriding effect25provided that where a state has enacted a law for regulation of the real estate sector,and such state law is not inconsistent with this act, then, the state government, to that extent, may not apply the provisions of this act in the stateprotection of action taken in good faith79 no suit, prosecution or other legal proceedings shall lie against the appropriate government or the authority or any officer of the appropriate government or any member, 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 thereunder30power to remove difficulties80 (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:35provided that no order shall be made under this section after the expiry of two years from the date of 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 reasonsthe real estate sector plays a catalytic role in fulfilling the need and demand for housing and infrastructure in the country while this sector has grown significantly in recent years, it has been largely unregulated, with absence of professionalism and standardisation and lack of adequate consumer protection though the consumer protection act, 1986 is available as a forum to the buyers in the real estate market, the recourse is only curative and is not adequate to address all the concerns of buyers and promoters in that sector the lack of standardisation has been a constraint to the healthy and orderly growth of industry therefore, the need for regulating the sector has been emphasised in various forums2 in view of the above, it becomes necessary to have a central legislation, namely, the real estate (regulation and development) bill, 2013 in the interests of effective consumer protection, uniformity and standardisation of business practices and transactions in the real estate sector the proposed bill provides for the establishment of the real estate regulatory authority (the authority) for regulation and promotion of real estate sector and to ensure sale of plot, apartment or building, as the case may be, in an efficient and transparent manner and to protect the interest of consumers in real estate sector and establish the real estate appellate tribunal to hear appeals from the decisions, directions or orders of the authority3 the proposed bill will ensure greater accountability towards consumers, and significantly reduce frauds and delays as also the current high transaction costs it attempts to balance the interests of consumers and promoters by imposing certain responsibilities on both it seeks to establish symmetry of information between the promoter and purchaser, transparency of contractual conditions, set minimum standards of accountability and a fasttrack dispute resolution mechanism the proposed bill will induct professionalism and standardisation in the sector, thus paving the way for accelerated growth and investments in the long run4 the real estate (regulation and development) bill, 2013, inter alia, provides for the following, namely:—(a) to impose an obligation upon the promoter not to book, sell or offer for sale, or invite persons to purchase any plot, apartment or building, as the case may be, in any real estate project without registering the real estate project with the authority;(b) to make the registration of real estate project compulsory in case where the area of land proposed to be developed exceed one thousand square meters or number of apartments proposed to be developed exceed twelve;(c) to impose an obligation upon the real estate agent not to facilitate sale or purchase of any plot, apartment or building, as the case may be, without registering himself with the authority;(d) to impose liability upon the promoter to pay such compensation to the allottees, in the manner as provided under the proposed legislation, in case if he fails to discharge any obligations imposed on him under the proposed legislation;(e) to establish an authority to be known as the real estate regulatory authority by the appropriate government, to exercise the powers conferred on it and to perform the functions assigned to it under the proposed legislation;(f) the functions of the authority shall, inter alia, include— (i) to render advice to the appropriate government in matters relating to the development of real estate sector; (ii) to publish and maintain a website of records of all real estate projects for which registration has been given, with such details as may be prescribed; (iii) to ensure compliance of the obligations cast upon the promoters, the allottees and the real estate agents under the proposed legislation;(g) to establish an advisory council by the central government to advice and recommend the central government on— (i) matters concerning the implementation of the proposed legislation; (ii) major questions of policy; (iii) protection of consumer interest; (iv) growth and development of the real estate sector;(h) to establish the real estate appellate tribunal by the appropriate government to hear appeals from the direction, decision or order of the authority or the adjudicating officer;(i) to appoint an adjudicating officer by the authority for adjudging compensation under sections 12, 14 and 16 of the proposed legislation;(j) to make provision for punishment and penalties for contravention of the provisions of the proposed legislation and for non-compliance of orders of authority or appellate tribunal;(k) to empower the appropriate government to supersede the authority on certain circumstances specified in the proposed legislation;(l) to empower the appropriate government to issue directions to the authority and obtain reports and returns from it 5 the notes on clauses explain in detail the various provisions contained in the real estate (regulation and development) bill, 20136 the bill seeks to achieve the above objectivesnew delhi; dr girija vyasthe 22nd july, 2013 ———— president's recommendation under article 117 of the constitution of india(copy of letter no o-17034/18/2009-h dated 24th july, 2013 from dr girija vyas, minister of housing and urban poverty alleviation to the secretary-general, rajya sabha)"the hon'ble president having been informed of the subject matter of the proposed'the real estate (regulation and development) bill, 2013', recommends to the house the consideration of the bill under article 117(3) of the constitution" notes on clausesclause 1—this clause relates to the short title, extent and commencement of the proposed legislationclause 2—this clause contains the definitions of various expressions used in the proposed legislationclause 3—this clause relates to the prior registration of real estate project with the real estate regulatory authoritythis clause provides that no promoter shall book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project, or part of it, in any planning area, without registering the real estate project with the real estate regulatory authority established under the proposed legislationhowever, no such registration shall be required where the area of land proposed to be developed does not exceed one thousand square meters or the number of apartments proposed to be developed does not exceed twelve or where the promoter has received all requisite approvals and the commencement certificate for the development of immovable property prior to commencement of the proposed legislation or for the purpose of renovation or repair or redevelopment which does not involve re-allotment and marketing of immovable property clause 4—this clause relates to the application to authoritysub-clause (1) of this clause provides that every promoter shall make an application to the authority for registration of the project in such form, manner, within such time and accompanied by such fee as may be specified by the regulations made by the authoritysub-clause (2) of this clause of the bill provides the list of documents that the promoter is required to enclose along with the application for registration clause 5—this clause relates to the grant of registrationsub-clause (1) of this clause provides that the authority shall within a period of fifteen days—(a) grant registration subject to the provisions of the proposed legislation and the rules and regulations made thereunder, and provide a registration number, including a login id and password to the applicant for accessing the website of the authority and to create his web page and to fill therein the details of the proposed project; or (b) reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of the proposed legislation or the rules or regulations made thereundersub-clause (2) of this clause of the bill provides that if the authority fails to grant the registration or reject the application, as the case may be, as provided within the said fifteen days, the project shall be deemed to have been registered, and the authority shall within two days of the expiry of the said fifteen days, provide a registration number and a login id and password to the promoter for accessing the website of the authority and to create his web page and to fill therein the details of the proposed projectsub-clause (3) of this clause of the bill provides that the registration granted under this clause shall be valid for a period declared by the promoter clause 6—this clause relates to the extension of registrationthis clause provides that the registration granted may be extended by the authority on an application made by the promoter under such conditions as may be prescribed and in such form and on payment of such fee as may be specified by the regulations made by the authorityclause 7—this clause relates to the revocation of registration sub-clause (1) of this clause provides that the authority may on receipt of a complaint in this behalf or on the recommendation of the competent authority, revoke the registration granted after being satisfied that the promoter has made wilful default in doing anything required of him by or under the proposed legislation or the rules or the regulations made thereunder; the promoter has violated any of the terms or conditions of the approval given by the competent authority; the promoter is involved in any kind of unfair practice or irregularitiessub-clause (2) of this clause provides that the registration granted to the promoter under clause 5 shall not be revoked unless the authority has given to the promoter not less than thirty days notice, in writing, stating the grounds on which it is proposed to revoke the registration, and has considered any cause shown by the promoter within the period of that notice against the proposed revocationsub-clause (3) of this clause provides that the authority may, instead of revoking the registration under sub-section (1), permit it to remain in force subject to such further terms and conditions as it thinks fit to impose in the interest of the allottees, and any such terms and conditions so imposed shall be binding upon the promotersub-clause (4) of this clause provides that upon the revocation of the registration, the authority,—(a) shall debar the promoter from accessing its website in relation to that project and specify his name in the list of defaulters on its website and also inform the other real estate regulatory authorities in other states and union territories about such cancellation; (b) may recommend to the competent authority to facilitate the balance of the development works to be carried out in accordance with the provisions of clause 8; (c) may, to protect the interest of prospective buyers or in the public interest, issue such directions as it may deem necessaryclause 8—this clause relates to the obligation of authority consequent upon lapse of or revocation of registrationthis clause provides that upon lapse of the registration or on revocation of the registration under the proposed legislation, the authority, may consult the appropriate government to take such action as it may deem fit including the carrying out of the remaining development works by competent authority or by the association of allottees or in any other manner, as may be determined by the authority however, that no direction, decision or order of the authority under this clause shall take effect until the expiry of the period of appeal provided under the provisions of the proposed legislation clause 9—this clause relates to the registration of real estate agentssub-clause (1) of this clause provides that no real estate agent shall facilitate the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being the part of the real estate project registered under the proposed legislation, being sold by the promoter in any planning area, without registering with the authoritysub-clause (2) of this clause provides that the registration shall be in such form, manner, within such time and accompanied by such fee and documents as may be prescribedsub-clause (3) of this clause provides that the authority shall, within such period, in such manner and satisfying itself of the fulfillment of such conditions, as may be prescribed— (a) grant registration to the real estate agent; (b) reject the application for reasons to be recorded in writing, if such application does not conform to the provisions of the proposed legislation or the rules or regulations made thereunder however, no application shall be rejected unless the applicant has been given an opportunity of being heard in the mattersub-clause (4) of this clause provides that if on the completion of the period specified under sub-section (3), if the applicant does not receive any communication about the deficiencies in his application or the rejection of his application, he shall be deemed to have been registeredsub-clause (5) of this clause provides that every real estate agent who is registered as per the provisions of the proposed legislation or the rules and regulations made thereunder, shall be granted a registration number by the authority, which shall be quoted by the real estate agent in every sale facilitated by him under the proposed legislationsub-clause (6) of this clause provides that every registration shall be valid for such period as may be prescribed, and shall be renewable for a period in such manner and on payment of such fee as may be prescribedsub-clause (7) of this clause provides that where any real estate agent who has been granted registration under the proposed legislation commits breach of any of the conditions thereof or any other terms and conditions specified under the proposed legislation or any rules or regulations made thereunder, or where the authority is satisfied that such registration has been secured by the real estate agent through misrepresentation or fraud, the authority may, without prejudice to any other provisions under the proposed legislation, revoke the registration or suspend the same for such period as it thinks fit however, no such revocation or suspension shall be made by the authority unless an opportunity of being heard has been given to the real estate agent clause 10—this clause relates to the functions of real estate agentsthis clause provides that every real estate agent registered under clause 9 shall—(a) not facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, being sold by the promoter in any planning area, which is not registered with the authority; (b) maintain and preserve such books of account, records and documents as may be prescribed; (c) not involve himself in any unfair trade practices, namely:—(i) the practice of making any statement, whether orally or writing or by visible representation which—(a) falsely represents that the services are of a particular standard or grade; (b) represents that the promoter has approval or affiliation which such promoter does not have; (c) makes a false or misleading representation concerning the services;(ii) permitting the publication of any advertisement whether in any newspaper or otherwise of services that are not intended to be offered; (d) facilitate the possession of all documents, as the allottee is entitled to, at the time of booking of any plot, apartment or building, as the case may be; (e) discharge such other functions as may be prescribed clause 11— this clause relates to the functions and duties of promotersub-clause (1) of this clause provides that the promoter shall, upon receiving his login-id and password under clause (a) of sub-section (1) of clause 5 or under sub-section (2) of clause 5, as the case may be, create his web page on the website of the authority and enter all details of the proposed project as provided under sub-section (2) of clause 4, in all the fields as provided, including those specifiedsub-clause (2) of this clause provides that the advertisement or prospectus issued or published by the promoter shall mention prominently the website address of the authority, wherein all details of the registered project have been entered and include the registration number obtained from the authority and such other matters incidental theretosub-clause (3) of this clause provides that that the promoter, upon entering into an agreement of sale with the allottee shall be responsible to make available to the allottee information as specifiedsub-clause (4) of this clause provides that the promoter shall—(a) be responsible to obtain a completion certificate from the relevant competent authority as per local laws or other laws for the time being in force and to make it available to the allottees individually or to the association of allottees, as the case may be; (b) be responsible for providing and maintaining the essential services, as may be specified in the service level agreements, on reasonable charges, till the taking over of the maintenance of the project by the association of the allottees; (c) take steps for the formation of an association or society or co-operative society, as the case may be, of the allottees, or a federation of the same, under the laws applicable sub-clause (5) of this clause provides that the promoter may cancel the allotment only in terms of the agreement of sale however, the allottee may approach the authority for relief if he is aggrieved by such cancellation and such cancellation is not in accordance with the terms of the agreement of sale, unilateral and without any sufficient causeclause 12—this clause relates to the obligations of promoter regarding veracity of the advertisement or prospectusthis clause provides that where any person makes an advance or a deposit on the basis of the information contained in the advertisement or prospectus and sustains any loss or damage by reason of any incorrect, false statement included therein, he shall be compensated by the promoter in the manner as provided under the proposed legislation however, if the person affected by such incorrect, false statement contained in the advertisement or prospectus, intends to withdraw from the proposed project, he shall be returned his entire investment along with interest at such rate as may be prescribedclause 13—this clause relates to no deposit or advance to be taken by promoter without first entering into an agreement of salesub-clause (1) of this clause provides that a promoter shall not accept a sum more than ten per cent of the cost of the apartment, plot, or building as the case may be, as an advance payment or an application fee, from a person without first entering into a written agreement for sale with such personsub-clause (2) of this clause provides that the agreement referred to in sub-section (1)shall be in such form as may be prescribed and specify the particulars of development of the project including the construction of building and apartments, along with specifications and external development works, the dates and the manner by which payments towards the cost of the apartment, plot, or building as the case may be, are to be made by the allottees and the likely date on which the possession of the apartment, plot, or building is to be handed over and such other particulars, as may be prescribedclause 14—this clause relates to the adherence to approved plans and project specifications by the promotersub-clause (1) of this clause provides that the proposed project shall be developed and completed by the promoter in accordance with the plans and structural designs and specifications as approved by the competent authoritiessub-clause (2) of this clause provides that in case any structural defect in such development is brought to the notice of the promoter within a period of two years by the allottee from the date of handing over possession, it shall be the duty of the promoter to rectify such defects without further charge, within reasonable time, and in the event of promoter's failure to rectify such defects within such time, the aggrieved allottees shall be entitled to receive appropriate compensation in the manner as provided under the proposed legislationclause 15—this clause relates to the transfer of titlesub-clause (1) of this clause provides that the promoter shall take all necessary steps to execute a registered conveyance deed in favour of the allottee along with the undivided proportionate title in the common areas including the handing over of the possession of the plot, apartment or building, as the case may be, in a real estate project, and the other title documents pertaining theretosub-clause (2) of this clause provides that after obtaining the completion certificate and handing over physical possession to the allottees in terms of sub-section (1), it shall be the responsibility of the promoter to hand over the necessary documents and plans, including common areas, to the association of the allottees or the competent authority, as the case may be, as per the local lawsclause 16—this clause relates to the return of amount and compensationsub-clause (1) of this clause provides that if the promoter fails to complete or is unable to give possession of an apartment, plot or building,—(a) in accordance with the terms of the agreement or, as the case may be, duly completed by the date specified therein or any further date agreed to by the parties; or (b) due to discontinuance of his business as a developer on account of suspension or revocation of registration under the proposed legislation or for any other reason, he shall be liable on demand to the allottees, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, or building as the case may be, with interest at such rate as may be prescribed in this behalf including compensation in the manner as provided under the proposed legislationsub-clause (2) of this clause provides that if the promoter fails to discharge any other obligations imposed on him under the proposed legislation or the rules or regulations made thereunder, he shall be liable to pay such compensation to the allottees, in the manner as provided under the proposed legislationclause 17—this clause relates to the rights and duties of allotteessub-clause (1) of this clause provides that the allottee shall be entitled to obtain the information relating to site and layout plans along with the specifications, approved by the competent authority and such other information as provided in the proposed legislation or the rules and regulations made thereunder or the agreement signed with the promotersub-clause (2) of this clause provides that the allottee shall be entitled to know stagewise time schedule of completion of the project, including the provisions for water, sanitation and electricitysub-clause (3) of this clause provides that the allottee shall be entitled to claim the possession of apartment, plot or building, as the case may be, as per the declaration given by the promoter under sub- clause (c) of clause (i) of sub-section (2) of clause 4sub-clause (4) of this clause provides that the allottee shall be entitled to claim the refund of amount paid, from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with the terms of agreement or due to discontinuance of his business as a developer on account of suspension or revocation of registration under the provisions of the proposed legislation or the rules or regulations made there undersub-clause (5) of this clause provides that the allottee shall be entitled to have the necessary documents and plans, including that of common areas, after handing over the physical possession of the apartment or plot or building as the case may be, to the allottee by the promotersub-clause (6) of this clause provides that every allottee, who has entered into an agreement of sale to take an apartment, plot or building as the case may be, under clause 13, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement and shall pay at the proper time and place, the proportionate share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent, and other charges, if any, in accordance with such agreementsub-clause (7) of this clause provides that the allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment towards any amount or charges to be paid under sub-section (6)sub-clause (8) of this clause provides that the obligations of the allottee under subsection (6) and the liability towards interest under sub-section (7) may be reduced when mutually agreed to between the promoter and such allotteesub-clause (9) of this clause provides that every allottee after taking possession of the apartment, plot or building as the case may be, shall participate towards the formation of an association or society or co-operative society of the allottees, or a federation of the sameclause 18—this clause relates to the establishment and incorporation of the real estate regulatory authoritysub-clause (1) of this clause provides the appropriate government shall, within a period of one year from the date of coming into force of the proposed legislation, by notification, establish an authority to be known as the real estate regulatory authority to exercise the powers conferred on it and to perform the functions assigned to it under the proposed legislation however, the appropriate government of two or more states or union territories may, if it deems fit, establish one single authority, also if the appropriate government deems fit, it may establish more than one authority in a state or union territory, as the case may beclause 19—this clause relates to the composition of the authoritythis clause provides that the authority shall consist of a chairperson and not less than two whole-time members to be appointed by the appropriate governmentclause 20—this clause relates to the qualification of chairperson and members of authoritythis clause provides that the chairperson and other members of the authority shall be appointed by the appropriate government on the recommendations of a selection committee consisting of such persons and in such manner as may be prescribed, from amongst persons having adequate knowledge of and professional experience of atleast twenty years in case of the chairperson and fifteen years in the case of the members in urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, social service, public affairs or administration however, that a person who is, or has been, in the service of the state government shall not be appointed as a chairperson unless such person has held the post of additional secretary to the central government or any equivalent post in the central government or in the state government it further provides that a person who is, or has been, in the service of the state government shall not be appointed as a member unless such person has held the post of secretary to the state government or any equivalent post in the state government or in the central governmentclause 21—this clause relates to the term of office of chairperson and members sub-clause (1) of this clause provides that the chairperson and members shall hold office for a term not exceeding five years from the date on which they enter upon their office, or until they attain the age of sixty-five years, whichever is earliersub-clause (2) of this clause provides that before appointing any person as a chairperson or member, the appropriate government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such chairperson or memberclause 22—this clause relates to the salary and allowances payable to chairperson and memberssub-clause (1) of this clause provides that 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 and shall not be varied to their disadvantage during their tenureclause 23—this clause relates to the administrative 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 administrative powers and functions of the authority as may be prescribedclause 24—this clause relates to the removal of chairperson and members from office in certain circumstancessub-clause (1) of this clause provides that the appropriate government may, by order, remove from office the chairperson or other members, if the chairperson or such other member, as the case may be,—(a) has been adjudged as an insolvent; or (b) has been convicted of an offence, involving 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; or (e) has so abused his position as to render his continuance in office prejudicial to the public interestsub-clause (2) of this clause provides that no such chairperson or member shall be removed from his office under clause (d) or clause (e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matterclause 25—this clause relates to the restrictions on chairperson or members on employment after cessation of officesub-clause (1) of this clause provides that the chairperson or a member, ceasing to hold office as such, shall not—(a) accept any employment in, or connected with, the management or administration of, any person or organisation which has been associated with any work under the proposed legislation from the date on which he ceases to hold office, except under the appropriate government or a local authority or in any statutory authority or any corporation established by or under any central, state or provincial act or a government company, as defined in section 617 of the companies act, 1956; (b) act, for or on behalf of any person or organisation in connection with any specific proceeding or transaction or negotiation or a case to which the authority is a party and with respect to which the chairperson or such member had, before cessation of office, acted for or provided advice to, the authority; (c) give advice to any person using information which was obtained in his capacity as the chairperson or a member and being unavailable to or not being able to be made available to the public; (d) enter into a contract of service with, or accept an appointment to a board of directors of, or accept an offer of employment with, an entity with which he had direct and significant official dealings during his term of office as suchsub-clause (2) of this clause provides that the chairperson and members shall not communicate or reveal to any person any matter which has been brought under his consideration or known to him while acting as suchclause 26—this clause relates to the officers and other employees of the authoritysub-clause (1) of this clause provides that the appropriate government may, in consultation with the authority appoint such officers and employees as it considers necessary for the efficient discharge of their functions under the proposed legislation who would discharge their functions under the general superintendence of the chairpersonsub-clause (2) of this clause provides that the salary and allowances payable to, and the other terms and conditions of service of, the officers and of the employees of the authority appointed under sub-section (1) shall be such as may be prescribed clause 27—this clause relates to the meetings of the authoritysub-clause (1) of this clause provides that the authority shall meet at such places and times, and shall follow such rules of procedure in regard to the transaction of business at its meetings, (including quorum at such meetings), as may be specified by the regulations made by the authoritysub-clause (2) of this clause provides that if the chairperson, if for any reason, is unable to attend a meeting of the authority, any other member chosen by the members present amongst themselves at the meeting, shall preside at the meetingsub-clause (3) of this clause provides that all questions which come up before any meeting of the authority shall be decided by a majority of votes by the members present and voting, and in the event of an equality of votes, the chairperson or in his absence, the person presiding shall have a second or casting voteclause 28—this clause relates to the vacancies, etc, not to invalidate proceeding of the authoritythis clause provides that no act or proceeding of the authority shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of the authority; or (b) any defect in the appointment of a person acting as a member of the authority; or (c) any irregularity in the procedure of the authority not affecting the merits of the caseclause 29—this clause relates to the functions of authority for promotion of real estate sectorthis clause provides that the authority shall in order to facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector make recommendations to the appropriate government or the competent authority as the case may be, on,—(a) protection of interest of the allottees and promoter; (b) measures to improve the processes and procedures for clearance and sanction of plans and development of projects; (c) measures to encourage construction of environmentally sustainable and affordable housing, promote standardisation including grading and use of appropriate construction materials, fixtures, fittings and construction techniques; (d) measures to facilitate amicable conciliation of disputes between the promoters and the allottees through dispute settlement forums set up by the consumer or promoter associations; (e) any other issue that the authority may think necessary for the promotion of the real estate sectorclause 30—this clause relates to the functions of the authoritythis clause provides that the functions of the authority shall, inter alia, include—(a)to render advice to the appropriate government in matters relating to the development of real estate sector; (b) to publish and maintain a website of records of all real estate projects for which registration has been given, with such details as may be prescribed, including information provided in the application for which registration has been granted; (c) to maintain a database, on its website, and enter the names of promoters as defaulters including the project details, registration for which has been revoked or have been penalised under the proposed legislation, with reasons therefor, for access to the general public; (d) to maintain a database, on its website, and enter the names of real estate agents who have applied and registered under the proposed legislation, with such details as may be prescribed, including those whose registration has been rejected or revoked; (e) to fix through regulations for each areas under its jurisdiction the standard fees, to be levied on the allottees by the promoter or the association of allottees, as the case may be; (f) to ensure compliance of the obligations cast upon the promoters, the allottees and the real estate agents under the proposed legislation and the rules and regulations made thereunder; (g) to ensure compliance of its regulations or orders or directions made in exercise of its powers under the proposed legislation; (h) to perform such other functions as may be entrusted to the authority by the appropriate government as may be necessary to carry out the provisions of the proposed legislationclause 31—this clause relates to the powers of the authority to call for information, conduct investigationssub-clause (1) of this clause provides that where the authority considers it expedient to do so, on a complaint relating to the proposed legislation or the rules or regulations made thereunder, it may, by order in writing and recording reasons therefor call upon any promoter or allottee or real estate agent, as the case may be, at any time to furnish in writing such information or explanation relating to its affairs as the authority may require and appoint one or more persons to make an inquiry in relation to the affairs of any promoter or allottee or the real estate agents, as the case may besub-clause (2) of this clause provides that notwithstanding anything contained in any other law for the time being in force, while exercising the powers under sub-section (1), the authority shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit, in respect of the following matters, namely:– (i) the discovery and production of books of account and other documents, at such place and at such time as may be specified by the authority; (ii) summoning and enforcing the attendance of persons and examining them on oath; (iii) issuing commissions for the examination of witnesses or documents; (iv) any other matter which may be prescribedclause 32—this clause relates to the powers of the authority to issue directionsthis clause provides that the authority may, for the purpose of discharging its functions under the provisions of the proposed legislation or the rules or the regulations made thereunder, issue such directions from time to time, to the promoters and allottees or real estate agents, as the case may be, as it may consider necessary and such directions shall be binding on all concernedclause 33—this clause relates to the powers of the authoritysub-clause (1) of this clause provides that the authority shall have powers to impose penalty or interest, in regard to any contravention of obligations cast upon the promoters, the allottees and the real estate agents, under the proposed legislation or the rules and the regulations made thereundersub-clause (2) of this clause provides that the authority shall be guided by the principles of natural justice and, subject to the other provisions of the proposed legislation and the rules made thereunder, the authority shall have powers to regulate its own proceduresub-clause (3) of this clause provides that where an issue is raised relating to agreement, action, omission, practice or procedure that—(a) has an appreciable prevention, restriction or distortion of competition in connection with the development of a real estate project; or (b) has effect of market power of monopoly situation being abused for affecting interest of allottees adversely, then the authority, may, suo motu, make reference in respect of such issue to the competition commission of indiaclause 34—this clause relates to the recovery of interest or penalty or compensation this clause provides that if a promoter or an allottee or a real estate agent, as the case may be, fails to pay any interest or penalty or compensation imposed on him under the proposed legislation, it shall be recoverable from such promoter or allottee or real estate agent, in such manner as may be prescribed clause 35—this clause relates to the establishment of central advisory councilsub-clause (1) of this clause provides that the central government may, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the central advisory councilsub-clause (2) of this clause provides that the minister to the government of india in charge of the ministry of the central government dealing with housing shall be the ex officio chairperson of the central advisory councilsub-clause (3) of this clause provides that the central advisory council shall consist of representatives of the ministry of finance, ministry of industry and commerce, ministry of urban development, ministry of consumer affairs, ministry of corporate affairs, ministry of law and justice, planning commission, national housing bank, housing and urban development corporation, five representatives of state governments to be selected by rotation, five representatives of the real estate regulatory authorities to be selected by rotation, and any other central government department as notifiedsub-clause (4) of this clause provides that the central advisory council shall also consist of not more than ten members to represent the interests of real estate industry, consumers, construction labourers, non-governmental organisations and academic and research bodies in the real estate sectorclause 36–– this clause relates to the functions of the central advisory council sub-clause (1) of this clause provides that the functions of the central advisory council shall be to advise and recommend the central government:—(a) on all matters concerning the implementation of the proposed legislation; (b) on major questions of policy;(c) towards protection of consumer interest; (d) to foster the growth and development of the real estate sector; (e) on any other matter as may be assigned to it by the central governmentsub-clause (2) of this clause provides that the central government may specify the rules to give effect to the recommendations of the central advisory council on matters as provided under sub-section (1)clause 37—this clause relates to the establishment of real estate appellate tribunalsub-clause (1) of this clause provides that the appropriate government shall, within a period of one year from the date of coming into force of the proposed legislation, by notification, establish an appellate tribunal to be known as the –– (state/union territory) real estate appellate tribunal however, the appropriate government of two or more states or union territories may, if it deems fit, establish one single appellate tribunalsub-clause (2) of this clause provides that any person aggrieved by any direction or decision or order made by the authority or by an adjudicating officer under the proposed legislation may prefer an appeal before the appellate tribunal which shall have jurisdiction over the matterclause 38—this clause relates to the application for settlement of disputes and appeals to appellate tribunalsub-clause (1) of this clause provides that the appropriate government or the competent authority or any person aggrieved by any direction or order or decision of the authority or the adjudicating officer may prefer an appeal to the appellate tribunalsub-clause (2) of this clause provides that every appeal made under sub-section (1)shall be preferred within a period of sixty days from the date on which a copy of any direction or decision or order made by the authority is received by the appropriate government or the competent authority or the aggrieved person and it shall be in such form, and accompanied by such fee as may be prescribed however, the appellate tribunal may entertain any appeal after the expiry of sixty days if it is satisfied that there was sufficient cause for not filing it within that periodsub-clause (3) of this clause provides that on receipt of an appeal under sub-section (1), the appellate tribunal may after giving the parties an opportunity of being heard, pass such orders as it thinks fitsub-clause (4) of this clause provides that the appellate tribunal shall send a copy of every order made by it to the parties and to the authority or the adjudicating officer, as the case may besub-clause (5) of this clause provides that the appeal preferred under sub-section (1), shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of ninety days from the date of receipt of appeal however, where any such 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 appeal within that periodsub-clause (6) of this clause provides that the appellate tribunal may, for the purpose of examining the legality or propriety or correctness of any order or decision of the authority or the adjudicating officer, on its own motion or otherwise, call for the records relevant to disposing of such appeal and make such orders as it thinks fitclause 39—this clause relates to the composition of the appellate tribunalthis clause provides that the appellate tribunal shall consist of a chairperson and two other members of which one shall be a judicial member and other shall be a technical or administrative member, to be appointed by the appropriate governmentclause 40—this clause relates to the qualifications for appointment of chairperson and memberssub-clause (1) of this clause provides that 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 high court; and (b) in the case of a judicial member he has held a judicial office in the territory of india for at least seven years or has been a member of the indian legal service and has held the post in grade i of that service or any equivalent post for at least three years, or has been an advocate for at least fifteen years with experience in dealing with real estate matters; and (c) in the case of a technical or administrative member he is a person who is well versed in the field of urban development, housing, real estate development, infrastructure, economics, planning, law, commerce, accountancy, industry, management, public affairs or administration and possesses experience of at least fifteen years in the field or who has held the post in the central government or a state government equivalent to the post of joint secretary to the government of india or an equivalent post in the central government or an equivalent post in the state governmentsub-clause (2) of this clause provides that the chairperson of the appellate tribunal shall be appointed by the appropriate government in consultation with the chief justice of high court or his nomineesub-clause (3) of this clause provides that the judicial members and technical or administrative members of the appellate tribunal shall be appointed by the appropriate government on the recommendations of a selection committee consisting of such persons and in such manner as may be prescribedclause 41—this clause relates to the term of office of chairperson and memberssub-clause (1) of this clause provides that the chairperson of the appellate tribunal or a member of the appellate tribunal shall hold office as such for a term not exceeding five years from the date on which he enters upon his office, but shall not be eligible for re-appointment however, in case a person, who is or has been a judge of a high court, has been appointed as chairperson of the tribunal, he shall not hold office after he has attained the age of sixty-seven years also, no judicial member or technical or administrative member shall hold office after he has attained the age of sixty-five yearssub-clause (2) of this clause provides that before appointing any person as chairperson or member, the appropriate government shall satisfy itself that the person does not have any such financial or other interest as is likely to affect prejudicially his functions as such memberclause 42—this clause relates to the salary and allowances payable to chairperson and membersthis clause provides that 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 and shall not be varied to their disadvantage during their tenureclause 43—this clause relates to the removal of chairperson and member from office in certain circumstancessub-clause (1) of this clause provides that the appropriate government may, in consultation with the chief justice of the high court, remove from office of the chairperson or any judicial member of the appellate tribunal, who - (a) has been adjudged as an insolvent;or (b) has been convicted of an offence which, in the opinion of the appropriate government involves moral turpitude; or (c) has become physically or mentally incapable; or (d) has acquired such financial or other interest as is likely to affect prejudicially his functions; or (e)has so abused his position as to render his continuance in office prejudicial to the public interestsub-clause (2) of this clause provides that the chairperson or judicial member shall not be removed from his office except by an order made by the appropriate government after an inquiry made by judge of the high court in which such chairperson or judicial member has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those chargessub-clause (3) of this clause provides that the appropriate government may suspend from the office of the chairperson or judicial member in respect of whom a reference of conducting an inquiry has been made to the judge of the high court under sub-section (2), until the appropriate government passes an order on receipt of the report of inquiry made by the judge of the high court on such referencesub-clause (4) of this clause provides that the appropriate government may, by rules, regulate the procedure for inquiry referred to in sub-section (2)sub-clause (5) of this clause provides that the technical or administrative member may be removed from his office by an order of the appropriate government on the grounds specified in sub-section (1) and in accordance with the procedure notified by the appropriate governmentclause 44—this clause relates to the officers and other employees of the appellate tribunalsub-clause (1) of this clause provides that the appropriate government shall provide the appellate tribunal with such officers and employees as, it may deem fitsub-clause (2) of this clause provides that the officers and employees of the appellate tribunal shall discharge their functions under the general superintendence of its chairpersonsub-clause (3) of this clause provides that salary and allowances payable to, and the terms and other conditions of service of the officers and employees of the appellate tribunal shall be such as may be prescribedclause 45—this clause relates to the vacanciesthis 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 appropriate government shall appoint another person in accordance with the provisions of the 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 46—this clause relates to the powers of tribunalsub-clause (1) of this clause 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 justicesub-clause (2) of this clause provides that subject to the provisions of the proposed legislation, the appellate tribunal shall have power to regulate its own proceduresub-clause (3) of this clause provides that the appellate tribunal shall also not be bound by the rules of evidence contained in the indian evidence act, 1872sub-clause (4) of this clause provides that the appellate tribunal shall have, for the purpose of discharging its functions under the proposed legislation, the same powers as are vested in a civil court under the code of civil procedure, 1908 in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining him on oath; (b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) issuing commissions for the examination of witnesses or documents; (e)reviewing its decisions; (f) dismissing an application for default or directing it ex-parte; and(h) any other matter which may be prescribedsub-clause (5) of this clause provides that all proceedings before the appellate tribunal shall be deemed to be judicial proceedings within the meaning of sections 193, 219 and 228 for the purposes of section 196 of the indian penal code, and the appellate tribunal shall be deemed to be civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973clause 47—this clause relates to the administrative powers of chairperson of the appellate tribunalthis clause provides that the chairperson shall have powers of general superintendence and direction in the conduct of the affairs of the appellate tribunal and he shall, in addition to presiding over the meetings of the appellate tribunal, exercise and discharge such administrative powers and functions of the appellate tribunal as may be prescribedclause 48—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 practitioners or any of its officers to present his or its case before the appellate tribunalclause 49—this clause relates to the orders passed by the appellate tribunal to be executable as a decreesub-clause (1) of this clause provides that every order made 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 courtsub-clause (2) of this clause provides that 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 courtclause 50—this clause relates to the appeal to high courtsub-clause (1) of this clause provides that any person aggrieved by any decision or order of the appellate tribunal, may, file an appeal to the high court, within a period of ninety days from the date of communication of the decision or order of the appellate tribunal, to him, on anyone or more of the grounds specified in section 100 of the code of civil procedure, 1908 however, the high 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 timesub-clause (2) of this clause provides that no appeal shall lie against any decision or order made by the appellate tribunal with the consent of the partiesclause 51—this clause relates to the punishment for non-registration under clause 3sub-clause (1) of this clause provides that if any promoter contravenes the provisions of clause 3, he shall be liable to a penalty which may extend upto ten per cent of the estimated cost of the real estate project as determined by the authoritysub-clause (2) of this clause provides that if any promoter does not comply with the orders, decisions or directions issued under sub-section (1) or continues to violate the provisions of clause 3, he shall be punishable with imprisonment for a term which may extend upto three years or with fine which may extend to a further ten per cent of the estimated cost of the real estate project, or with bothclause 52—this clause relates to the penalty for contravention of clause 4this clause provides that if any promoter knowingly provides false information or contravenes the provisions of clause 4, he shall be liable to a penalty which may extend upto five per cent of the estimated cost of the real estate project as determined by the authorityclause 53—this clause relates to the penalty for contravention of other provisions of the actthis clause provides that if any promoter contravenes any other provisions of the proposed legislation, other than that provided under clause 3 or clause 4, or the rules or regulations made thereunder, he shall be liable to a penalty which may extend up to five per cent of the estimated cost of the real estate project as determined by the authorityclause 54—this clause relates to the penalty for non-registration and contravention under clauses 9 and 10this clause provides that if any real estate agent wilfully fails to comply with or contravenes the provisions of clause 9 or clause 10, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five per cent of the cost of immovable property, for which the sale or purchase has been facilitated as determined by the authorityclause 55—this clause relates to the penalty for wilful failure to comply with orders of the authority by promoterthis clause provides that if any promoter, who wilfully fails to comply with, or contravenes any of the orders or directions of the authority, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to five per cent of the estimated cost of the real estate project as determined by the authorityclause 56—this clause relates to the penalty for wilful failure to comply with orders of appellate tribunal by promoterthis clause provides that if any promoter, who wilfully fails to comply with, or contravenes any of the orders, decisions or directions of the appellate tribunal, he shall be liable to a penalty for every day during which such default continues, which may cumulatively extend up to ten per cent of the estimated cost of the real estate project as determined by the appellate tribunalclause 57—this clause relates to the penalty for wilful failure to comply with orders of the authority by allotteethis clause provides that if any allottee, who wilfully fails to comply with, or contravenes any of the orders, decisions or directions of the authority he shall be liable to a penalty for the period during which such default continues, which may cumulatively extend up to five per cent of the apartment cost as determined by the authorityclause 58—this clause relates to the penalty for wilful failure to comply with orders of appellate tribunal by allotteethis clause provides that if any allottee, who wilfully fails to comply with, or contravenes any of the orders or directions of the appellate tribunal, as the case may be, he shall be liable to a penalty for the period during which such default continues, which may cumulatively extend up to ten per cent of the apartment cost as determined by the appellate tribunalclause 59—this clause relates to the offences by companiessub-clause (1) of this clause 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, or was responsible to the company for the conduct of, the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly however, nothing contained in this sub-section, shall render any such person liable to any punishment under the 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 offencesub-clause (2) of this clause provides that notwithstanding anything contained in sub-section (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 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 clause 60—this clause relates to the compounding of offences this clause provides that notwithstanding anything contained in the code of criminal procedure, 1973, the offence punishable under clause 51 of the proposed legislation may, either before or after the institution of the prosecution, be compounded by the court on such terms and conditions and on payment of such sums as may be prescribed however, the sum prescribed shall not, in any case, exceed the maximum amount of the fine which may be imposed for the offence so compounded clause 61—this clause relates to the power to adjudicatesub-clause (1) of this clause provides that for the purpose of adjudging compensation under clauses 12, 14 and 16 the authority shall appoint any officer not below the rank of joint secretary to the state government to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity of being heard however, if any person whose complaint, in respect of matters covered under clauses12, 14 and 16 is pending before the consumer disputes redressal forum or the consumer disputes redressal commission or the national consumer redressal commission, established under section 9 of the consumer protection act, 1986, on or before the commencement of the proposed legislation, he may, with the permission of such forum or commission, as the case may be, withdraw the complaint pending before it and file an application before the adjudicating officer under the proposed legislationsub-clause (2) of this clause provides that the application for adjudging compensation under sub-section (1), shall be dealt with by the adjudicating officer as expeditiously as possible and dispose of the same within a period of ninety days from the date of receipt of such application however, where any such application could not be disposed of within the said period of ninety days, the adjudicating officer shall record his reasons in writing for not disposing of the application within that periodsub-clause (3) of this clause provides that while holding an inquiry the adjudicating officer shall have power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which in the opinion of the adjudicating officer, may be useful for or relevant to the subject matter of the inquiry and if, on such inquiry, he is satisfied that the person has failed to comply with the provisions of any of the sections specified in sub-section (1), he may direct to pay such compensation or interest, as the case may be, as he thinks fit in accordance with the provisions of any of those sectionsclause 62—this clause relates to the factors to be taken into account by the adjudicating officerthis clause provides that while adjudging the quantum of compensation or interest, as the case may be, under section 61, the adjudicating officer shall have due regard to the following factors, namely:– (a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default; (b) the amount of loss caused as a result of the default; (c) the repetitive nature of the defaultclause 63—this clause relates to the grants and loans by the central governmentthis clause provides that the central government may, after due appropriation made by parliament in this behalf, make to the authority grants and loans of such sums of money as that government may consider necessaryclause 64—this clause relates to the grants and loans by the state governmentthis clause provides that the state government may, after due appropriation made by state legislature by law in this behalf, make to the authority, grants and loans of such sums of money as the state government may think fit for being utilised for the purposes of the proposed legislationclause 65—this clause relates to the constitution of fundsub-clause (1) of this clause provides that the appropriate government shall constitute a fund to be called the "real estate fund" and there shall be credited thereto—(a) all government grants received by the authority; (b) the fees received under the proposed legislation; (c) the interest accrued on the amounts referred to in clauses (a) to (b)sub-clause (2) of this clause provides that the fund shall be applied for meeting - (a)the salaries and allowances payable to the chairperson and other members and the administrative expenses including the salaries and allowances payable to the officers and other employees of the authority and the appellate tribunal; (b) the other expenses of the authority in connection with the discharge of its functions and for the purposes of the proposed legislationsub-clause (3) of this clause provides that the fund shall be administered by a committee of such members of the authority as may be determined by the chairpersonsub-clause (4) of this clause provides that the committee appointed under sub-section (3)shall spend monies out of the fund for carrying out the objects for which the fund has been constitutedclause 66––this clause relates to the crediting sums realised by way of penalties to consolidated fund of india or state accountsub-clause (1) of this clause provides that all sums realised, by way of penalties, imposed by the appellate tribunal or the authority, in the union territories, shall be credited to the consolidated fund of indiasub-clause (2) of this clause provides that all sums realised, by way of penalties, imposed by the appellate tribunal or the authority, in a state, shall be credited to such account as the state government may specifyclause 67—this clause relates to the budget, accounts and auditsub-clause (1) of this clause provides that the authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the appropriate government in consultation with the comptroller and auditor-general of indiasub-clause (2) of this clause provides 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 and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditor-general of indiasub-clause (3) of this clause 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 under the proposed legislation 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 government accounts and, in particular shall have the right to demand and production of books, accounts, connected vouchers and other documents and papers, and to inspect any of the offices of the authoritysub-clause (4) of this clause 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 appropriate government by the authority and the appropriate government shall cause the audit report to be laid, as soon as may be after it is received, before each house of parliament or, as the case may be, before the state legislature or the union territory legislature, where it consists of two houses, or where such legislature consists of one house, before that houseclause 68—this clause relates to the annual reportsub-clause (1) of this clause provides that the authority shall prepare once in every year, in such form and at such time as may be prescribed by the appropriate government— (a) a description of all the activities of the authority for the previous year; (b) the annual accounts for the previous year; and (c) the programmes of work for the coming yearsub-clause (2) of this clause provides that a copy of the report received under subsection (1) shall be laid, as soon as may be after it is received, before each house of parliament or, as the case may be, before the state legislature or the union territory legislature, where it consists of two houses, or where such legislature consists of one house, before that houseclause 69—this clause relates to the bar of jurisdictionthis clause provides that no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the authority or the adjudicating officer or the appellate tribunal 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 70—this clause relates to the delegationthis clause provides that the authority may, by general or special order in writing, delegate to 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 under the proposed legislation (except the power to make regulations under clause 74) as it may deem necessaryclause 71—this clause relates to the power of appropriate government to supersede the authoritysub-clause (1) of this clause provides that if, at any time, the appropriate government is of the opinion,—(a) that, on account of circumstances beyond the control of the authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of the proposed legislation; or (b) that the authority has persistently defaulted in complying with any direction given by the appropriate government under the proposed legislation or in the discharge of the functions or performance of the duties imposed on it by or under the provisions of the proposed legislation and as a result of such default the financial position of the authority or the administration of the authority has suffered; or (c) that circumstances exist which render it necessary in the public interest so to do; the appropriate government may, by notification, supersede the authority for such period, not exceeding six months, as may be specified in the notification and appoint a person or persons as the president or the governor, as the case may be, may direct to exercise powers and discharge functions under the proposed legislation however, before issuing any such notification, the appropriate government shall give a reasonable opportunity to the authority to make representations against the proposed supersession and shall consider the representations, if any, of the authoritysub-clause (2) of this clause provides that upon the publication of a notification under sub-section (1) superseding the authority,— (a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such; (b) 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 reconstituted under sub-section (3), be exercised and discharged by the person or persons referred to in sub-section (1); and (c) all properties owned or controlled by the authority shall, until the authority is reconstituted under sub-section (3), vest in the appropriate governmentsub-clause (3) of this clause provides that on or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the appropriate government shall reconstitute the authority by a fresh appointment of its chairperson and other members and in such case any person who had vacated his office under clause (a) of sub-section (2) shall not be deemed to be disqualified for re-appointmentsub-clause (4) of this clause provides that the appropriate government shall cause a copy of the notification issued under sub-section (1) and a full report of any action taken under this clause and the circumstances leading to such action to be laid before each house of parliament or, as the case may be, before the state legislature, or the union territory legislature, as the case may be, where it consists of two houses, or where such legislature consists of one house, before that houseclause 72—this clause relates to the powers of appropriate government to issue directions to the authority and obtain reports and returnssub-clause (1) of this clause provides that without prejudice to the foregoing provisions of the proposed legislation, 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, as the appropriate government may give in writing to it from time to time however, the authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-sectionsub-clause (2) of this clause provides that if any dispute arises between the appropriate government and the authority as to whether a question is or is not a question of policy, the decision of the appropriate government thereon shall be finalsub-clause (3) of this clause provides that the authority shall furnish to the appropriate government such returns or other information with respect to its activities as the appropriate government may, from time to time, requireclause 73—this clause relates to the power of appropriate government to make rulesthis clause empowers the appropriate government to make rules for carrying out the provisions of the proposed legislationclause 74—this clause relates to the power to make regulationsthis clause empowers the authority to make regulations for carrying out the provisions of the proposed legislationclause 75—this clause relates to the laying of rulesthis clause provides that every rule, regulation and notification made under the proposed legislation shall be laid, as soon as may be after it is made, before the house of parliament or state legislature, as the case may beclause 76—this clause relates to the members, etc, to be public servantsthis clause provides that the chairperson, members and other officers and employees of the authority and the appellate tribunal shall be deemed to be public servants within the meaning of section 21 of the indian penal codeclause 77—this clause relates to the application of other laws not barredthis clause provides that the provisions of the proposed legislation shall be in addition to, and not in derogation of, the provisions of any other law for the time being in forceclause 78—this clause relates to the act to have overriding effectthis clause provides that the provisions of the proposed legislation shall have effect notwithstanding anything inconsistent therein contained in any other law for the time being in force however, where a state has enacted a law for regulation of the real estate sector, and such state law is not inconsistent with the proposed legislation, then, the state government, to that extent, may not apply the provisions of the proposed legislation in the stateclause 79—this clause relates to the protection of action taken in good faiththis clause provides that no prosecution or other legal proceedings can be instituted against the appropriate government or the authority or any of their officers, etc, for anything done in good faith under the proposed legislation or the rules or regulations made thereunderclause 80—this clause relates to power to remove difficultiessub-clause (1) of this clause provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may make provisions, by order, published in the official gazette, for removing the difficulty these orders must be consistent with the provisions of the proposed legislation however, no order shall be made under this clause after the expiry of two years from the commencement of the proposed legislationsub-clause (2) of this clause 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 18 of the bill provides for the establishment of the real estate regulatory authority to exercise the powers conferred on it and to perform the functions assigned to it under the proposed legislation sub-clause (1) of clause 22 of the bill provides for the salary and allowances payable to the chairperson and the members of the authority sub-clause (2) of clause 26 of the bill provides for salary and allowances payable to the officers and employees of the authority2 sub-clause (1) of clause 35 of the bill provides for the establishment of the central advisory council to perform the functions assigned to it under the proposed legislation3 sub-clause (1) of clause 37 of the bill provides for the establishment of the appellate tribunal to hear appeals from the decisions, directions or orders of the authority or the adjudicating officer sub-clause (1) of clause 42 of the bill provides for the salary and allowances payable to the chairperson and the members of the appellate tribunal subclause (3) of clause 44 of the bill provides for salary and allowances payable to the officers and employees of the appellate tribunal4 clause 63 of the bill provides for grants and loans by the central government to the authority of such sums of money as considered necessary5 clause 64 of the bill provides for grants and loans by the state government to the authority, of such sums of money as considered necessary for the purposes of the proposed legislation6 the establishment of the real estate regulatory authorities and real estate appellate tribunal for the union territories without legislatures, namely—andaman and nicobar islands; lakshadweep; dadra and nagar haveli; daman and diu; and chandigarh, may not be necessary at this stage and thus no expenses are likely to be incurred however, if the need for an authority or an appellate tribunal is felt for any of the said union territories in future, the responsibility and functions may be entrusted to the authority or the appellate tribunal of the adjoining state or union territory7 the establishment of the real estate regulatory authorities and the real estate appellate tribunal for the union territory of delhi is to be carried out by the ministry of urban development, which is the appropriate government in relation to the union territory of delhi, for which some expenses are likely to be borne8 the total financial implication in terms of recurring and non-recurring expenditure involved in carrying out the various functions under the bill would be borne respectively by the state government and the central government however, it is not possible to estimate the exact recurring and non-recurring expenditure from the consolidated fund of india at this stage memorandum regarding delegated legislationclause 73 of the bill seeks to empower the appropriate government to make rules to provide for—(a) information and documents for application to the authority for registration under clause (j) of sub-section (2) of section 4; (b) conditions under which registration of a promoter may be renewed under section 6; (c) the form and manner of making application and fee and documents to be accompanied with such application as under sub-section (2) of section 9; (d) the period, manner and conditions under which the registration is to be granted under sub-section (3) of section 9; (e) the validity of the period of registration and the manner and fee for renewal under sub-section (7) of section 9; (f) the maintenance and preservation of books of account, records and documents under clause (b) of section 10; (g)the discharge of other functions by the real estate agent under clause (e) of section 10; (h) the rate of interest payable under section 12; (i) the form and particulars of agreement under sub-section (2) of section 13; ( j) the rate of interest payable under clause (b) of sub-section(1) of section 16; (k) the rate of interest payable under sub-section (7) of section 17; (l) constitution of a selection committee for the appointment of chairperson and members of the authority, and the manner of selection under section 20; (m) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the authority under sub-section (1) of section 22; (n) the administrative powers of the chairperson under section 23; (o) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the authority under sub-section (2) of section 26; (p) details to be published on the website as under clause (b) and under clause (d) of section 30; (q) the additional functions which may be performed by the authority under clause (iv) of sub-section (2) of section 31; (r) the manner of recovery of interest, penalty and compensation under section 34; (s) recommendations received from the central advisory council under sub-section (2) of section 36; (t) the form and manner and fee for filling of appeal under sub-section (2) of section 38; (u) constitution of a selection committee for the appointment of members of the tribunal, and the manner of selection under sub-section (3) of section 40; (v) the salaries and allowances payable to, and the other terms and conditions of service of, the chairperson and other members of the appellate tribunal under sub-section (1) of section 42; (w) the procedure for inquiry of the charges against the chairperson or judicial member of the tribunal under sub-section (4) of section 43; (x) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and employees of the appellate tribunal under sub-section (3) of section 44; (y) any other powers of the tribunal under clause (h) of sub-section (4) of section46; (z) the powers of the chairperson of the appellate tribunal under section 47; (za) the terms and conditions and the payment of such sum for compounding of the offences under section 60; (zb) the manner of inquiry under sub-section (1) of section 61; (zc) the form to be specified in which the authority shall prepare a budget, maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 67; (zd) the form in which and time at which the authority shall prepare an annual report under sub-section (1) of section 68; and (ze) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be made, by rules2 clause 74 of the bill empowers the authority to make regulations to provide for—(a) the form and manner of making application and fee payable herewith under sub-section (1)of section 4; (b) the fee for extension of registration under section 6; (c) such other information and documents required under clause (d) of sub-section (1) of section 11; (d) display of site and layout plans along-with specifications, approved by the competent authority, for display under clause (a) of sub-section (3) of section 11; (e) preparation and maintenance of other details under sub-section (6) of section 11; (f) time, places and the procedure in regard to transaction of business at the meetings of the authority under sub-section (1) of section 27;(g) standard fees to be levied by the promoter on the allottees or the association of allottees under clause (e) of section 30; and (h) any other matter which is required to be, or may be, specified by regulation or in respect of which provision is to be made by regulations3 the matters in respect of which the said rules and regulations may be made are matters of procedure and administrative detail, and as such, it is not practicable to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character———— a billto establish the real estate regulatory authority for regulation and promotion of the realestate sector and to ensure sale of plot, apartment or building, as the case may be, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and establish the appellate tribunal to hear appeals from the decisions, directions or orders of the authority and for matters connected therewith or incidental thereto————(dr girija vyas, minister of housing and urban poverty alleviation) | Parliament_bills | 4f4020d4-de3a-57ad-8653-6578444175cd |
annexure extract from the unit trust of inpta act, 1963(52 of 1963) board of 10 the board of trustees shall consist of the following, namely:— trustees, (a) (f) an executive trustee to be appointed by the development bank: | Parliament_bills | 4d55b5d5-0e0c-5e51-b5b1-436f9a72f0cc |
bill no xlvi of 2011 the indian penal code (amendment) bill, 2011 a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the indian penal code (amendment) act, 2011short title and commencement(2) it shall come into force at once45 of 18605amendment of section 2792 in section 279 of the indian penal code, 1860 (hereinafter referred to as the principal act), for the words "which may extend to six months, or with fine, which may extend to one thousand rupees or with both", the words "which may extend to three years, or with fine, which may extend to ten thousand rupees or with both" shall be substituted3 in section 284 of the principal act for the words, amendment of section 28410"which may extend to six months, or with fine, which may extend to one thousand rupees or with both", the words "which may extend to five years, or with fine, which may extend to twenty thousand rupees or with both" shall be substitutedamendment of section 304a4 in section 304a of the principal act for the words "any rash or negligent act", the words "any rash or negligent act, except by any act of rash and negligent driving of motor vehicle," shall be substituted5 after section 304b of the principal act, the following new section shall be inserted, namely:—5insertion of new section304c dealth due to rash and negligent driving10"304c whoever drives any motor vehicle, or rides, on any public place in a rash or negligent manner or drives or rides the motor vehicle under the influence of liquor so as to endanger human life, and causes death by his rash and negligent act, shall be committing the offence of murder and shall be punished with death or imprisonment for life and shall also be liable to fine which shall not be less than rupees one lakh59 of 1988explanation: for the purpose of this section, the terms 'motor vehicle' and'public place' shall have the same meanings as is assigned to them under the motor vehicles act, 1988" statement of objects and reasonsthe urbanization has resulted in rapid rise in the number of vehicles on the roads in our country the high growth rate of public vehicles as well as private vehicles has made roads very unsafe for pedestrians and other road users the problem is compounded by the people indulging in rash and negligent driving under the influence of liquor in our country, lakhs of people die every year as a result of road accidents this menace has assumed worrying proportions particularly in the metropolitan cities the incidents of violating traffic signals and instructions, road rage, drunken driving etc, are very common and rising day by daythere is considerable anger in the public about the rising number of road accidentsunder the present penal provisions, such offences are tried as general crimes 279, 284 and 304a of indian penal code and punishment provided under sections for such acts is not proportionate to the gravity of the offence committed in the absence of any stringent legal framework, the persons responsible for rash and negligent driving are let off easily similar is the case with those indulging in drunken driving person indulging in rash and negligent driving or drunken driving knowingly endanger the lives of fellow road users and therefore need to be treated harshly therefore, it is high time that a stringent law, which may act as a deterrent for such offences is brought forward by amending the indian penal code, 1860hence, this billnarendra kumar kashyap annexure extracts from the indian penal code (act no 45 of 1860)rash driving or riding on a public way279 whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with bothnegligent conduct with respect to poisonous substance284 whoever does, with any poisonous substance, any act in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any person, or knowingly or negligently omits to take such order with any poisonous substance in his possession as is sufficient to guard against probable danger to human life from such poisonous substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with bothcausing death by negligence304a whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both rajya sabha———————— a billfurther to amend the indian penal code, 1860————(shri narendra kumar kashyap, mp) | Parliament_bills | 4437cd1c-008a-5e3c-bbb7-cd20e91663dd |
bill no v of 2009 the acts of parliament (application to nagaland) bill, 2009 a billto provide for the procedure for application of the acts of parliament in respect of the state of nagaland and for matters connected therewithbe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act shall be called the acts of parliament (application to nagaland)act, 2009short title and commencement(2) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,— (1) "act" means an act made by parliament in exercise of its ordinary and constituent powers of legislation and includes an ordinance promulgated by the president of india under article 123 of the constitution;(2) "committee" means the joint governments' committee constituted under section 4of this act;(3) "government of nagaland" means the governor of nagaland acting on the aid and advice of the council of ministers of nagaland; and(4) "report" means a report of the joint governments' committee3 all acts enacted hereafter shall contain a declaration that such acts shall apply to the state of nagaland subject to article 371a(1)(a) of the constitution read with this actdeclaration to be contained in all actsreference of acts to joint governments' committee4 all acts enacted hereafter, shall, within sixty days of their enactment, be referred to a joint governments' committee comprising such number of ministers and officers both from the union government and the government of nagaland, as may be determined, by notification, by the union government in consultation with the government of nagaland:provided that the representatives of the government of nagaland to the committee shall be nominated by the government of nagalandreport of the joint governments' committee5 the joint governments' committee shall examine the question whether an act, soreferred, requires a resolution of the legislative assembly of nagaland for applying its provisions, partly or fully, to the state of nagaland or not, and present a report in that behalf concurrently to the union government and the government of nagaland within sixty days of reference of the act to the committeeactions onreport6 (1) for receiving the report from the joint governments' committee favouringresolution for application of an act to the state of nagaland the necessary resolution shall be passed by the legislative assembly within sixty days of the receipt of the report by the government of nagaland and:—(i) upon passing of the resolution, the act shall be deemed to have applied tothe state of nagaland from the date of its enactment;(ii) upon failure to pass a resolution or failure of a resolution to be carried when moved in the legislative assembly within the period of sixty days the act shall be deemed to have applied to the state of nagaland from the date when the said period of sixty days shall expire (2) if according to the report a resolution of the legislative assembly of nagaland is not required for application of an act to the state of nagaland, then the act shall apply to the state of nagaland at the expiration of sixty days from the date of receipt of the report by the government of nagaland:provided that the report may be referred back to the joint governments' committee for further examination by a resolution of the legislative assembly of nagaland passed within sixty days from the date of receipt of the report by the government of nagaland:provided further that the resolution of the legislative assembly so passed shall enumerate the issues on which the act is referred back to the committeeaction on reconsidered report7 (1) a report referred back to the committee under the provisos to sub-section (2) ofsection 6 shall be reconsidered by the committee in the light of issues enumerated in the resolution within sixty days of receipt of the resolution(2) if according to the revised report a resolution of the legislative assembly of nagaland is required for application of the act to the state of nagaland, then the procedure outlined in sub-section (i) of section 6 shall be followed(3) if according to the revised report a resolution of the legislative assembly of nagaland is not required for application of the act to the state of nagaland, then the act shall apply to the state of nagaland at the expiration of sixty days from the date of receipt of the revised report by the government of nagaland, unless the legislative assembly of nagaland passes a resolution before the expiration of the said period, directing that the act shall not apply to the state of nagaland and upon passing of such a resolution, the act shall not apply to the state of nagaland at any point of time statement of objects and reasonsarticle 371a(1) (a) of the constituion accords nagaland a special place in regard to application of acts of parliament to the state2 ever since the creation of the state on the 1st december, 1963, neither the state government nor the union government had paid due attention to the working of that special provision in relation to nagaland3 this bill seeks to lay down a procedure for effectuating article 371a(1)(a) in relation to the state of nagalandkhekiho zhimomi memorandum regarding delegated legislationsection 4 of the bill seeks to empower the central government to issue notification naming the ministers and officers who would constitute the joint governments' committee under the proposed act this delegation of legislative power is normal———— a billto provide for the procedure for application of the acts of parliament in respect of the state of nagaland and for matters connected therewith————(shri khekiho zhimomi, mp)gmgipmrnd—664rs(s5)—13022009 | Parliament_bills | a750ffac-0d98-58b3-a329-f080a7281dc8 |
financial memorandumclause 4 of the bill provides that the central government shall bear eighty percent expenditure incurred on payment of unemployment allowance the bill if enacted will involve expenditure from the consolidated fund of india on account of unemployment allowance to be paid to the unemployed persons it is however difficult to estimate accurately, at this stage, the likely expenditure involved on rough estimate, the recurring expenditure will be to the tune of rupees two thousand crore no non-recurring expenditure is likely to be incurred memorandum regarding delegated legislationclause 5 of the bill empowers the central government to frame rules to carry out the provisions of the bill the rules will relate to matters of details only the delegation of legislature power is of normal character | Parliament_bills | 7f91d93a-be02-5c10-98e6-27014f19da7b |
annexure extract from the representation of the people act, 1951(43 or 1951) % part iva registration of political parties29a, (j) registration with the election commission of associations and bodies as political (5) the application under sub-section (/) shall be accompanied by a copy of the memorandum or rules and regulations of the association or body, by whatever name called, and such memorandum or rules and regulations shall contain a specific provision that the association or body shall bear true faith and allegiance to the constitution of india as by parties law established, and to the principles of socialism, secularism and democracy, and would uphold the sovereignty, unity and integrity of india (6) the commission may call for such other particulars as it may deem fit from the association or body (7) after considering all the particulars as aforesaid in its possession and any other necessary and relevant factors and after giving the representatives of the association or body reasonable opportunity of being heard, the commission shall decide either to register the association or body as a political party for the purposes of this part, or not so to register it; and the commission shall communicate its decision to the association or body: provided that no association or body shall be registered as a political party under this sub-section unless the memorandum or rules and regulations of such association or body conform to the provisions of sub-section (5) (8) the, decision of the commission shall be final | Parliament_bills | b16ab3e1-0975-5a33-84c2-65866cf98151 |
bill no 26 of 2019 the appropriation bill, 2019 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2018-19 be it enacted by parliament in the seventieth year of the republic of india as follows:— 1 this act may be called the appropriation act, 2019short title2 from and out of the consolidated fund of india there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of one lakh ninety-eight thousand eight hundred thirty-one crore and thirty-six lakh rupees towards defraying the several charges which will come in course of payment during the financial year 2018-19 in respect of the services specified in column 2 of the scheduleissue of rs 198831,36,00,000 out of the consolidated fund of india for the financial year 2018-19 appropriationthe schedule(see sections 2 and 3)123sums not exceedingno of voteservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund1department of agriculture, cooperation and farmers'welfare revenue19387,02,00,00019387,02,00,0002department of agricultural research and education revenue2,00,0002,00,0003department of animal husbandry, dairying andfisheries revenue201,16,00,000201,16,00,000capital1,00,0001,00,0004atomic energy revenue4,00,0004,00,000capital2375,50,00,0002375,50,00,0005ministry of ayurveda, yoga and naturopathy, unani, siddha and homoeopathy (ayush) revenue53,43,00,00053,43,00,0007department of fertilisers revenue1,00,0001,00,0008department of pharmaceuticals revenue307,23,00,000307,23,00,000capital3,95,00,000 3,95,00,0009ministry of civil aviation revenue98,00,00098,00,00010ministry of coal revenue10,94,00,00010,94,00,00011department of commerce revenue310,01,00,000310,01,00,00012department of industrial policy and promotion revenue2,00,0002,00,000capital16,33,00,000 16,33,00,00013department of postscapital46,87,00,00046,87,00,00014department of telecommunications revenue1,00,0001,00,000capital1,00,000 1,00,00015department of consumer affairs capital1,00,0001,00,00016department of food and public distribution revenue1864,71,00,0001864,71,00,000capital1000,00,00,000 1000,00,00,00018ministry of culturerevenue2,00,0002,00,00019ministry of defence (miscellaneous)revenue2,00,0002,00,000capital3,00,0002,16,00,0002,19,00,00020defence services (revenue) revenue1403,97,00,0001403,97,00,00021capital outlay on defence services capital97,42,00,00097,42,00,00024ministry of drinking water and sanitation revenue5391,34,00,0005391,34,00,00025ministry of earth sciences revenue2,00,0002,00,000capital1,00,000 1,00,00026ministry of electronics and information technology revenue20,91,00,00020,91,00,00027ministry of environment, forests and climatechange revenue1,00,0001,00,00029department of economic affairs revenue4,00,0004,00,000capital3,00,000 3,00,00031department of financial services capital4500,00,00,0004500,00,00,00034direct taxes revenue299,96,00,000299,96,00,00035indirect taxes capital2,00,0002,00,00036indian audit and accounts department capital25,55,00,00025,55,00,000charged—interest payments revenue9196,65,00,0009196,65,00,000charged—repayment of debt capital106594,12,00,000 106594,12,00,00040transfers to states capital3800,84,00,0003800,84,00,00042department of health and family welfare revenue2916,52,00,0002916,52,00,000capital1974,90,00,000 1974,90,00,00043department of health research revenue2,00,0002,00,000| rs | rs | rs ||------------|----------------|---------------|| 1 | 2 | 3 ||-----------------------|----------------------------------------------------|---------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 44 | department of heavy industry | revenue || capital | 10,00,00,000 | || 45 | department of public enterprises | revenue || 46 | ministry of home affairs | revenue || capital | 1,00,000 | || 47 | police | revenue || capital | 1,00,000 | 12,00,000 || 48 | andaman and nicobar islands | revenue || capital | 8,00,000 | || 50 | chandigarh | revenue || capital | 9,00,000 | || 51 | dadra and nagar haveli | revenue || capital | 1,00,000 | || 53 | lakshadweep | revenue || 54 | transfers to delhi | capital || 55 | transfers to puducherry | revenue || capital | 49,61,00,000 | || 56 | ministry of housing and urban affairs | revenue || capital | 600,02,00,000 | || 57 | department of school education and literacy | revenue || 58 | department of higher education | revenue || 59 | ministry of information and broadcasting | revenue || 60 | ministry of labour and employment | revenue || 61 | law and justice | capital || 62 | election commission | capital || c | | || harged | | || — | supreme court of india | revenue || 64 | ministry of micro, small and medium enterprises | revenue || 65 | ministry of mines | revenue || 66 | ministry of minority affairs | revenue || 67 | ministry of new and renewable energy | revenue || 72 | ministry of petroleum and natural gas | revenue || 73 | ministry of planning | revenue || 74 | ministry of power | revenue || capital | 900,00,00,000 | || c | | || harged | | || — | staff, household and allowances of the | || president | revenue | || 77 | rajya sabha | revenue || 80 | ministry of railways | revenue || capital | 1,00,000 | 191,65,00,000 || 81 | ministry of road transport and highways | revenue || capital | 9683,50,00,000 | || 82 | department of rural development | revenue || 84 | department of science and technology | revenue || 85 | department of biotechnology | revenue || 86 | department of scientific and industrial research | revenue || 87 | ministry of shipping | revenue || capital | 125,00,00,000 | || 88 | ministry of skill development and entrepreneur- | || ship | revenue | 3,00,000 || 89 | department of social justice and empowerment | revenue || rs | rs | rs || 1 | 2 | 3 ||------------------------|------------------------------------------------|------------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 90 | department of empowerment of persons with | || disabilities | revenue | 17,74,00,000 || 91 | department of space | revenue || capital | 248,47,00,000 | || 92 | ministry of statistics and programme | || implementation | revenue | 2,00,000 || 93 | ministry of steel | revenue || 94 | ministry of textiles | revenue || capital | 13,00,00,000 | || 96 | ministry of tribal affairs | revenue || 97 | ministry of water resources, river development | || and ganga rejuvenation | revenue | 1,00,000 || 98 | ministry of women and child development | revenue || 99 | ministry of youth affairs and sports | revenue || t | | || otal | | || : | 78874,50,00,000 | 119956,86,00,000 || rs | rs | rs | statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government for the financial year 2018-19piyush goyal———— president's recommendation under article 117 of the constitution of india————[copy of f no 4(51)-b(sd)/2018, dated 122019 from shri piyush goyal, minister of finance to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2018-2019, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation bill, 2019 in lok sabha and also the consideration of the bill———— a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2018-19————mgipmrnd—3564ls(s3)—05-02-2019 | Parliament_bills | fd0f1909-fa54-5194-b66b-41fea6c8eb15 |
bill no 148 of 2013 the scheduled castes and the scheduled tribes (prevention of atrocities) amendment bill, 2013 a billto amend the scheduled castes and the scheduled tribes (prevention of atrocities)act, 1989be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the scheduled castes and the scheduled tribes(prevention of atrocities) amendment act, 2013short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint3 in section 2 of the principal act, in sub-section (1),—amendment of section 2(i) after clause (b), the following clauses shall be inserted, namely:—5'(bb) "dependent" means the spouse, children, parents, brother and sister of the victim, who are dependent wholly or mainly on such victim for his support and maintenance;(bc) "economic boycott" means—(i) a refusal to deal with, work for hire or do business with other person; or(ii) to deny opportunities including access to services or contractual opportunities for rendering service for consideration; or10(iii) to refuse to do anything on the terms on which things would be commonly done in the ordinary course of business; or(iv) to abstain from the professional or business relations that one would maintain with other person;15(bd) "exclusive special court" means the exclusive special court established under sub-section (1) of section 14 exclusively to try the offences under this act;2 of 2007(be) "forest rights" shall have the meaning assigned to it in sub-section (1)of section 3 of the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006;2025 of 2013(bf) "manual scavenger" shall have the meaning assigned to it in clause (g) of sub-section (1) of section 2 of the prohibition of employment as manual scavengers and their rehabilitation act, 2013;2545 of 1860(bg) "public servant" means a public servant as defined under section 21of the indian penal code, as well as any other person deemed to be a public servant under any other law for the time being in force and includes any person acting in his official capacity under the central government or the state government, as the case may be;'; (ii) after clause (e), the following clauses shall be inserted, namely:—30'(ea) "schedule" means the schedule appended to this act; (eb) "social boycott" means a refusal to permit a person to render to other person or receive from him any customary service or to abstain from social relations that one would maintain with other person or to isolate him from others;35(ec) "victim" means any individual who falls within the definition of the''scheduled caste and scheduled tribe'' under clause (c) of sub-section (1) of section 2, and who has suffered or experienced physical, mental, psychological, emotional or monetary harm or harm to his property as a result of the commission of any offence under this act and includes his relatives, legal guardian and legal heirs;40 45 (ed) "witness" means any person who is acquainted with the facts and circumstances, or is in possession of any information or has knowledge necessary for the purpose of investigation, inquiry or trial of any crime involving an offence under this act, and who is or may be required to give information or make a statement or produce any document during investigation, inquiry or trial of such case and includes a victim of such offence;';(iii) for clause (f), the following clause shall be substituted, namely:—45 of 1860 18 of 1872 2 of 19745"(f) the words and expressions used but not defined in this act and defined in the indian penal code, the indian evidence act, 1872 or the code of criminal procedure, 1973, as the case may be, shall be deemed to have the meanings respectively assigned to them in those enactments"4 in section 3 of the principal act,––amendment of section 3(i) for sub-section (1), the following sub-section shall be substituted, namely:—'(1) whoever, not being a member of a scheduled caste or a scheduled tribe,—10(a) puts any inedible or obnoxious substance into the mouth of amember of a scheduled caste or a scheduled tribe or forces such member to drink or eat such inedible or obnoxious substance;(b) dumps excreta, sewage, carcasses or any other obnoxioussubstance in premises, or at the entrance of the premises, occupied by a member of a scheduled caste or a scheduled tribe;15(c) with intent to cause injury, insult or annoyance to any member of a scheduled caste or a scheduled tribe, dumps excreta, waste matter, carcasses or any other obnoxious substance in his neighbourhood;(d) garlands with footwear or parades naked or semi-naked a member of a scheduled caste or a scheduled tribe;20(e) forcibly commits on a member of a scheduled caste or a scheduled tribe any act, such as removing clothes from the person, forcible tonsuring of head, removing moustaches, painting face or body or any other similar act, which is derogatory to human dignity;25(f) wrongfully occupies or cultivates any land, owned by, or in thepossession of or allotted to, or notified by any competent authority to be allotted to, a member of a scheduled caste or a scheduled tribe, or gets such land transferred;30(g) wrongfully dispossesses a member of a scheduled caste or a scheduled tribe from his land or premises or interferes with the enjoyment of his rights, including forest rights, over any land or premises or water or irrigation facilities or destroys the crops or takes away the produce therefromexplanation––for the purposes of clause (f) and this clause, the expression "wrongfully" includes—35(a) against the person's will; (b) without the person's consent;40(c) with the person's consent, where such consent has been obtained by putting the person, or any other person in whom the person is interested in fear of death or of hurt; or(d) fabricating records of such land;(h) makes a member of a scheduled caste or a scheduled tribe to do ''begar'' or other forms of forced or bonded labour other than any compulsory service for public purposes imposed by the government;45(i) compels a member of a scheduled caste or a scheduled tribe to dispose or carry human or animal carcasses, or to dig graves;5 10 15 20 25 30 35 40 45 50 55(j) makes a member of a scheduled caste or a scheduled tribe to do manual scavenging or employs or permits the employment of such member for such purpose;(k) performs, or promotes dedicating a scheduled caste or a scheduled tribe woman to a deity, idol, object of worship, temple, or other religious institution as a devadasi or any other similar practice or permits aforementioned acts;(l) forces or intimidates or prevents a member of a scheduled caste or a scheduled tribe—(a) not to vote or to vote for a particular candidate or to vote in a manner other than that provided by law;(b) not to file a nomination as a candidate or to withdraw such nomination; or(c) not to propose or second the nomination of a member of a scheduled caste or a scheduled tribe as a candidate in any election; (m) forces or intimidates or obstructs a member of a scheduled caste or a scheduled tribe, who is a member or a chairperson or a holder of any other office of a panchayat under part ix of the constitution or a municipality under part ixa of the constitution, from performing their normal duties and functions;(n) after the poll, causes hurt or grievous hurt or assault or imposes or threatens to impose social or economic boycott upon a member of a scheduled caste or a scheduled tribe or prevents from availing benefits of any public service which is due to him;(o) commits any offence under this act against a member of a scheduled caste or a scheduled tribe for having voted or not having voted for a particular candidate or for having voted in a manner provided by law;(p) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a scheduled caste or a scheduled tribe;(q) gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a scheduled caste or a scheduled tribe;(r) intentionally insults or intimidates with intent to humiliate a member of a scheduled caste or a scheduled tribe in any place within public view;(s) abuses any member of a scheduled caste or a scheduled tribe by caste name in any place within public view;(t) destroys, damages or defiles any object generally known to be held sacred or in high esteem by members of the scheduled castes or the scheduled tribesexplanation––for the purposes of this clause, the expression"object" means and includes statue, photograph and portrait;(u) by words either written or spoken or by signs or by visible representation or otherwise promotes or attempts to promote feelings of enmity, hatred or ill-will against members of the scheduled castes or the scheduled tribes;(v) by words either written or spoken or by any other means disrespects any late person held in high esteem by members of the scheduled castes or the scheduled tribes;(w) (i) intentionally touches a woman belonging to a scheduled caste or a scheduled tribe, knowing that she belongs to a scheduled caste or a scheduled tribe, when such act of touching is of a sexual nature and is without the recipient's consent;(ii) uses words, acts or gestures of a sexual nature towards a woman belonging to a scheduled caste or a scheduled tribe, knowing that she belongs to a scheduled caste or a scheduled tribe5explanation––for the purposes of sub-clause (i), the expression"consent" means an unequivocal voluntary agreement when the person by words, gestures, or any form of non-verbal communication, communicates willingness to participate in the specific act:10provided that a woman belonging to a scheduled caste or a scheduled tribe who does not offer physical resistance to any act of a sexual nature is not by reason only of that fact, is to be regarded as consenting to the sexual activity:provided further that a woman's sexual history, including with the offender shall not imply consent or mitigate the offence;15(x) corrupts or fouls the water of any spring, reservoir or any othersouche ordinarily used by members of the scheduled castes or the scheduled tribes so as to render it less fit for the purpose for which it is ordinarily used;20(y) denies a member of a scheduled caste or a scheduled tribe anycustomary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any other section thereof have a right to use of access to;(z) forces or causes a member of a scheduled caste or a scheduledtribe to leave his house, village or other place of residence:25provided that nothing contained in this clause shall apply to myaction taken in discharge of a public duty(za) obstructs or prevents a member of a scheduled caste or a scheduled tribe in any manner with regard to—30(a) using common property resources of an area, or burial orcremation ground equally with others or using any river, stream, spring, well, tank, cistern, water-tap or other watering place, or any bathing ghat, any public conveyance, any road, or passage;35(b) mounting or riding bicycles or motor cycles or wearingfootwear or new clothes in public places or taking out wedding procession, or mounting a horse or any other vehicle during wedding processions;40(c) entering any place of worship which is open to the publicor other persons professing the same religion or taking part in, or taking out, any religious, social or cultural processions including jatras;(d) entering any educational institution, hospital, dispensary, primary health centre, shop or place of public entertainment; or any other public place; or using any utensils or articles meant for public use in an any place open to the public; or45(e) practicing any profession or the carrying on of any occupation, trade or business or employment in any job which other members of the public, or any section thereof, have a right to use or have access to;50(zb) causes physical harm or mental agony of a member of a scheduled caste or a scheduled tribe on the allegation of practicing witchcraft or being a witch; or(zc) imposes or threatens a social or economic boycott of any person or a family or a group belonging to a scheduled caste or a scheduled tribe,5shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine'; (ii) in sub-section (2),––10(a) in clause (v), for the words "on the ground that such person is a member of a scheduled caste or a scheduled tribe or such property belongs to such member", the words "knowing that such person is a member of a scheduled caste or a scheduled tribe or such property belongs to such member"shall be substituted;(b) after clause (v), the following clause shall be inserted, namely:––1545 of 1860"(va) commits any offence specified in the schedule, against a person or property, knowing that such person is a member of a scheduled caste or a scheduled tribe or such property belongs to such member, shall be punishable with such punishment as specified under the indian penal code for such offences and shall also be liable to fine"5 for section 4 of the principal act, the following section shall be substituted, namely:–substitution of new section for section 420punishment for neglect of duties"4 (1) whoever, being a public servant but not being a member of a scheduled caste or a scheduled tribe, wilfully neglects his duties required to be performed by him under this act and the rules made thereunder, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year(2) the duties of public servant referred to in sub-section (1) shall include––25(a) to read out to an informant the information given orally, and reduced to writing by the officer in charge of the police station, before taking the signature of the informant;30(b) to register a complaint or a first information report under this act and other relevant provisions and to register it under appropriate sections of this act;(c) to furnish a copy of the information so recorded forthwith to the informant;(d) to record the statement of the victims or witnesses;35(e) to conduct the investigation and file charge sheet in the special court or the exclusive special court within a period of sixty days, and to explain the delay if any, in writing;(f) to correctly prepare, frame and translate any document or electronicrecord;40(g) to perform any other duty specified in this act or the rules made thereunder:provided that the charges in this regard against the public servant shall be booked on the recommendation of an administrative enquiry45(3) the cognizance in respect of any dereliction of duty referred to in sub-section (2) by a public servant shall be taken by the special court or the exclusive special court and shall give direction for penal proceedings against such public servant"6 in section 8 of the principal act,––amendment of section 8(i) in clause (a), for the words "any financial assistance to a person accused of", the words "any financial assistance in relation to the offences committed by a person accused of" shall be substituted;(ii) after clause (b), the following clause shall be inserted, namely:––5"(c) the accused was having personal knowledge of the victim or his family, the court shall presume that the accused was aware of the caste or tribal identity of the victim, unless the contrary is proved"7 in section 10 of the principal act, in sub-section (1),––10amendment of section 10(a) after the words and figures "article 244 of the constitution", the words, brackets, letters and figures "or any area identified under the provisions of clause (vii) of sub-section (2) of section 21" shall be inserted;(b) for the words "two years", the words "three years" shall be substituted158 for section 14 of the principal act, the following section shall be substituted, namely:––substitution of new section for section 14 special court and exclusive special court"14 (1) for the purpose of providing for speedy trial, the state government shall, with the concurrence of the chief justice of the high court, by notification in the official gazette, establish an exclusive special court for one or more districts:20 provided that in districts where less number of cases under this act is recorded, the state government shall, with the concurrence of the chief justice of the high court, by notification in the official gazette, specify for such districts the court of session to be a special court to try the offences under this act:25 provided further that the courts so established or specified shall have power to directly take cognizance of offences under this act(2) it shall be the duty of the state government to establish an adequate number of courts to ensure that cases under this act are disposed of within a period of two months, as far as possible30(3) in every trial in the special court or the exclusive special court, the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the special court or the exclusive special court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded in writing:35provided that when the trial relates to an offence under this act, the trial shall,as far as possible, be completed within a period of two months from the date of filing of the charge sheet 9 after section 14 of the principal act, the following section shall be inserted,namely:—insertion of new section 14aappeals2 of 197440"14a (1) notwithstanding anything contained in the code of criminalprocedure, 1973 an appeal shall lie, from any judgment, sentence or order, not being an interlocutory order, of a special court or an exclusive special court, to the high court both on facts and on law2 of 197445(2) notwithstanding anything contained in sub-section (3) of section 378 of thecode of criminal procedure, 1973 an appeal shall lie to the high court against an order of the special court or the exclusive special court granting or refusing bail(3) notwithstanding anything contained in any other law for the time being in force, every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, sentence or order appealed from:5provided that the high court may entertain an appeal after the expiry of the said period of ninety days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of ninety days:provided further that no appeal shall be entertained after the expiry of the period of one hundred and eighty days10(4) every appeal preferred under sub-section (1) shall, as far as possible, be disposed of within a period of three months from the date of admission of the appeal 10 for section 15 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 1515"15 (1) for every special court, the state government shall, by notification in the official gazette, specify a public prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a special public prosecutor for the purpose of conducting cases in that courtspecial public prosecutor and exclusive public prosecutor20(2) for every exclusive special court, the state government shall, by notification in the official gazette, specify an exclusive public prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an exclusive public prosecutor for the purpose of conducting cases in that court" 11 after chapter iv of the principal act, the following chapter shall be inserted, namely:—insertion of new chapter iva "chapter iva25 rights of victims and witnessesrights of victims and witnesses15a (1) it shall be the duty and responsibility of the state to make arrangements for the protection of victims, their dependents, and witnesses against any kind of intimidation or coercion or inducement or violence or threats of violence30(2) a victim shall be treated with fairness, respect and dignity and with due regard to any special need that arises because of the victim's age or gender or educational disadvantage or poverty35(3) a victim or his dependent shall have the right to reasonable, accurate, and timely notice of any court proceeding including any bail proceeding and the special public prosecutor or the state government shall inform the victim about any proceedings under this act(4) a victim or his dependent shall have the right to apply to the special court or the exclusive special court, as the case may be, to summon parties for production of any documents or material witnesses or examine the persons present40(5) a victim or his dependent shall be entitled to be heard at any proceeding under this act in respect of bail, discharge, release, parole, conviction or sentence of an accused or any connected proceedings or arguments and file return submission on conviction, acquittal or sentencing2 of 1974(6) notwithstanding anything contained in the code of criminal procedure,1973, the special court or the exclusive special court trying a case under this act shall provide to a victim, his dependent, informant or witnesses––5(a) the complete protection to secure the ends of justice; (b) the travelling and maintenance expenses during investigation, inquiryand trial;(c) the social-economic rehabilitation during investigation, inquiry andtrial;10(d) relocation15(7) the state shall inform the concerned special court or the exclusive special court about the protection provided to any victim or his dependent, informant or witnesses and such court shall periodically review the protection being offered and pass appropriate orders20(8) without prejudice to the generality of the provisions of sub-section (6), the concerned special court or the exclusive special court may, on an application made by a victim or his dependent, informant or witness in any proceedings before it or by the special public prosecutor in relation to such victim, informant or witness or on its own motion, take such measures including––(a) concealing the names and addresses of the witnesses in its orders or judgments or in any records of the case accessible to the public;(b) issuing directions for non-disclosure of the identity and addresses of the witnesses;25(c) take immediate action in respect of any complaint relating to harassment of a victim, informant or witness and on the same day, if necessary, pass appropriate orders for protection:30provided that inquiry or investigation into the complaint received under clause (c) shall be tried separately from the main case by such court and concluded within a period of two months from the date of receipt of the complaint:provided further that where the complaint under clause (c) is against any public servant, the court shall restrain such public servant from interfering with the victim, informant or witness, as the case may be, in any matter related or unrelated to the pending case, except with the permission of the court35(9) it shall be the duty of the investigating officer and the station house officer to record the complaint of victim, informant or witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence, whether given orally or in writing, and a photocopy of the first information report shall be immediately given to them at free of cost40(10) all proceedings relating to offences under this act shall be video recorded(11) it shall be the duty of the concerned state to specify an appropriate scheme to ensure implementation of the following rights and entitlements of victims and witnesses in accessing justice so as––5(a) to provide a copy of the recorded first information report at free of cost;(b) to provide immediate relief in cash or in kind to atrocity victims or their dependents;(c) to provide necessary protection to the atrocity victims or their dependents, and witnesses;10(d) to provide relief in respect of death or injury or damage to property;(e) to arrange food or water or clothing or shelter or medical aid or transport facilities or daily allowances to victims;15(f) to provide the maintenance expenses to the atrocity victims and their dependents;(g) to provide the information about the rights of atrocity victims at the time of making complaints and registering the first information report;(h) to provide the protection to atrocity victims or their dependents and witnesses from intimidation and harassment;20(i) to provide the information to atrocity victims or their dependents or associated organisations or individuals, on the status of investigation and charge sheet and to provide copy of the charge sheet at free of cost;(j) to take necessary precautions at the time of medical examination;25(k) to provide information to atrocity victims or their dependents or associated organisations or individuals, regarding the relief amount;(l) to provide information to atrocity victims or their dependents or associated organisations or individuals, in advance about the dates and place of investigation and trial;30(m) to give adequate briefing on the case and preparation for trial to atrocity victims or their dependents or associated organisations or individuals and to provide the legal aid for the said purpose;35(n) to execute the rights of atrocity victims or their dependents or associated organisations or individuals at every stage of the proceedings under this act and to provide the necessary assistance for the execution of the rights (12) it shall be the right of the atrocity victims or their dependents, to take assistance from the non-government organisations, social workers or advocates"insertion of new schedule12 after section 23 of the principal act, the following schedule shall be inserted, namely:— "the schedule[see section 3(2) (va)]| section under | name of offence and punishment ||----------------------------------------------|------------------------------------------------------------------------|| the indian | || penal code, | || 45 of 1860 | || 120a | definition of criminal conspiracy || 120b | punishment of criminal conspiracy || 141 | unlawful assembly || 142 | being member of unlawful assembly || 143 | punishment for unlawful assembly || 144 | joining unlawful assembly armed with deadly weapon || 145 | joining or continuing in unlawful assembly, knowing it has been || commanded to disperse | || 146 | rioting || 147 | punishment for rioting || 148 | rioting, armed with deadly weapon || 217 | public servant disobeying direction of law with intent to save person || from punishment or property from forfeiture | || 319 | hurt || 320 | grievous hurt || 323 | punishment for voluntarily causing hurt || 324 | voluntarily causing hurt by dangerous weapons or means || 325 | punishment for voluntarily causing grievous hurt || 326b | voluntarily throwing or attempting to throw acid || 332 | voluntarily causing hurt to deter public servant from his duty || 341 | punishment for wrongful restraint || 354 | assault or criminal force to woman with intent to outrage her modesty || 354a | sexual harassment and punishment for sexual harassment || 354b | assault or use of criminal force to woman with intent to disrobe || 354c | voyeurism || 354d | stalking || 359 | kidnapping || 363 | punishment for kidnapping || 365 | kidnapping or abducting with intent secretly and wrongfully to confine || person | || 376b | sexual intercourse by husband upon his wife during separation || 376c | sexual intercourse by a person in authority || 447 | punishment for criminal trespass || 506 | punishment for criminal intimidation || 509 | word, gesture or act intended to insult the modesty of a woman" | statement of objects and reasonsthe scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989(the act) was enacted and brought into force on the 31st january, 1990, with a view to prevent the commission of offences of atrocities against the members of the scheduled castes and scheduled tribes, to provide for special courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences2 despite the deterrent provisions made in the act, atrocities against the members of the scheduled castes and scheduled tribes continue at a disturbing level adequate justice also remains difficult for a majority of the victims and the witnesses, as they face hurdles virtually at every stage of the legal process the implementation of the act suffers due to (a)procedural hurdles such as non-registration of cases; (b) procedural delays in investigation, arrests and filing of charge-sheets; and (c) delays in trial and low conviction rate3 it is also observed that certain forms of atrocities, known to be occurring in recent years, are not covered by the act several offences under the indian penal code [other than those covered under section 3(2)(v)] are also committed frequently against the members of the scheduled castes and scheduled tribes, on the ground that the victim was a member of a scheduled caste and scheduled tribe it is also felt that the public accountability provisions under the act need to be outlined in greater detail and strengthened4 therefore, it becomes necessary to make a comprehensive review of the relevant provisions of the act, after due consultation with the state governments, union territory administrations, concerned central ministries, national commission for the scheduled castes, national commission for the scheduled tribes, certain non-governmental organisations and activists5 it is, therefore, proposed to amend the scheduled castes and scheduled tribes(prevention of atrocities) act, 1989 by the scheduled castes and scheduled tribes (prevention of atrocities) amendment bill, 2013 which, inter alia, provides the following, namely:—(a) to amend, the long title of the act so as to provide for the establishment of"exclusive special courts" in addition to the special courts for the trial of the offences of atrocities against the members of the scheduled castes and scheduled tribes;(b) to amend section 2 of the act and to insert certain new definitions like"economic boycott", "exclusive special court", "forest rights", "manual scavenger", "public servant", "social boycott", "victim and witness";(c) to amend section 3 of the act relating to "punishments for offences of atrocities" so as to, inter alia, provide some more categories of atrocities in the said section for which the same punishment, as provided in the said section, may be imposed;(d) to substitute section 4 of the act relating to "punishment for neglect of duties" so as to provide certain duties upon the public servant and to provide punishment for neglect of the duties specified in the said section;(e) to amend section 8 of the act relating to "presumption as to offences" and to provide that if the accused was acquainted with the victim or his family, the court shall presume that the accused was aware of the caste or tribal identity of the victim unless proved otherwise;(f) to substitute section 14 of the act relating to "special court" so as to provide that the state government shall, with the concurrence of the chief justice of the high court, establish an exclusive special court for one or more districts to try the offences under this act;(g) to amend section 15 of the act relating to "special public prosecutor" so as to insert a new sub-section which provides that for every exclusive special court, the state government shall, specify an exclusive public prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an exclusive public prosecutor for the purpose of conducting cases in that court; and(h) to insert a new chapter iva relating to "rights of victims and witnesses"(new section 15a) so as to impose duty and responsibility upon the state for making arrangements for the protection of victims, their dependents and witnesses against any kind of intimidation, coercion or inducement or violence or threats of violence 6 the bill seeks to achieve the above objectsnew delhi;kumari seljathe 28th november, 2013 financial memorandumclause 14 of the bill, inter alia, stipulates that for the purpose of speedy trial, the state government shall, with the concurrence of the chief justice of the high court, establish the exclusive special court for one or more districts however, in districts where less number of cases under the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989, is recorded, the state government shall, with the concurrence of the chief justice of the high court, specify for such districts the court of session to be a special court to try the offences under this act the courts so established or specified, shall have power to directly take cognizance of offences under the actsub-clause (2) of clause 15 of the bill provides that for every exclusive special court, the state government shall, specify an exclusive public prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as an exclusive public prosecutor for the purpose of conducting cases in that courtdue central assistance is already provided to the state governments and the union territory administrations, under the centrally sponsored scheme for implementation of the protection of civil rights act, 1955 and the scheduled castes and the scheduled tribes (prevention of atrocities)act, 1989 the funding pattern of the scheme is such that over and above the committed liability of respective state governments, the expenditure is shared between centre and states on 50:50 basis and union territory administrations receive 100 per cent central assistance the central assistance is, inter alia, provided for setting up and functioning of exclusive special courts as per available information, presently 179 exclusive special courts have already been set up by the states namely, andhra pradesh (23), bihar (11), chhattisgarh (6), gujarat (25), karnataka (7), kerala (1), madhya pradesh (43), rajasthan (17), tamil nadu (4), uttar pradesh (40) and uttarakhand (2) central assistance is presently being availed by some of the states for this purpose, which is permissible however, at this stage, it is not possible to estimate with any degree of precision, the likely additional requirement of funds which may be required, since the number and details of such courts to be set up by the concerned state government and union territory administrations can not be anticipated similarly number of exclusive public prosecutors to be appointed by them is also presently not known annexure extracts from the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 (33 of 1989)an act to prevent the commission of offences of atrocities against the members of the scheduled castes and the scheduled tribes, to provide for special courts for the trial of such offences and for the relief and rehabilitation of the victims of such offences and for matters connected therewith or incidental thereto definitions2 (1) in this act, unless the context otherwise requires,— 45 of 1860(f) words and expressions used but not defined in this act and defined in the code or the indian penal code shall have the meanings assigned to them repectively in the code, or as the case may be, in the indian penal code| | | | | ||------|------|------|------|-----| chapter ii offences of atrocities3 (1) whoever, not being a member of a scheduled caste or a scheduled tribe,—punishments for offences of atrocities(i) forces a member of a scheduled caste or a scheduled tribe to drink or eat any inedible or obnoxious substance;(ii) acts with intent to cause injury, insult or annoyance to any member of a scheduled caste or a scheduled tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood;(iii) forcibly removes clothes from the person of a member of a scheduled caste or a scheduled tribe or parades him naked or with painted face or body or commits any similar act which is derogatory to human dignity;(iv) wrongfully occupies or cultivates any land owned by, or allotted to, or notified by any competent authority to be allotted to, a member of a scheduled caste or a scheduled tribe or gets the land allotted to him transferred;(v) wrongfully dispossesses a member of a scheduled caste or a scheduled tribe from his land or premises or interferes with the enjoyment of his rights over any land, premises or water;(vi) compels or entices a member of a scheduled caste or a scheduled tribe to do 'begar' or other similar forms of forced or bonded labour other than any compulsory service for public purposes imposed by government;(vii) forces or intimidates a member of a scheduled caste or a scheduled tribe not to vote or to vote to a particular candidate or to vote in a manner other than that provided by law;(viii) institutes false, malicious or vexatious suit or criminal or other legal proceedings against a member of a scheduled caste or a scheduled tribe;(ix) gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of scheduled caste or a scheduled tribe;(x) intentionally insults or intimidates with intent to humiliate a member of a scheduled caste or a scheduled tribe in any place within public view;(xi) assaults or uses force to any woman belonging to a scheduled caste or a scheduled tribe with intent to dishonour or outrage her modesty;(xii) being in a position to dominate the will of a woman belonging to a scheduled caste or a scheduled tribe and uses that position to exploit her sexually to which she would not have otherwise agreed;(xiii) corrupts or fouls the water of any spring, reservoir or any other source ordinarily used by members of the scheduled castes or the scheduled tribes so as to render it less fit for the purpose for which it is ordinarily used;(xiv) denies a member of a scheduled caste or a scheduled tribe any customary right of passage to a place of public resort or obstructs such member so as to prevent him from using or having access to a place of public resort to which other members of public or any section thereof have a right to use or access to;(xv) forces or causes a member of a scheduled caste or a scheduled tribe to leave his house, village or other place of residence, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine(2) whoever, not being a member of a scheduled caste or a scheduled tribe,—| | | | | ||------|------|------|------|-----|45 of 1860(v) commits any offence under the indian penal code punishable with imprisonment for a term of ten years or more against a person or property on the ground that such person is a member of a scheduled caste or a scheduled tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine;| ||-------------|| punishment || for neglect || of duties |4 whoever, being a public servant but not being a member of a scheduled caste or a scheduled tribe, wilfully neglects his duties required to be performed by him under this act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to one year| | | | | ||------|------|------|------|-----|8 in a prosecution for an offence under this chapter, if it is proved that—presumption as to offences(a) the accused rendered any financial assistance to a person accused of, orreasonably suspected of, committing, an offence under this chapter, the special court shall presume, unless the contrary is proved, that such person had abetted the offence; chapter iii externmentremoval of person likely to commit offence10 (1) where the special court is satisfied, upon a complaint or a police report that a person is likely to commit an offence under chapter ii of this act in any area included in 'scheduled areas' or 'tribal areas', as referred to in article 244 of the constitution, it may, by order in writing, direct such person to remove himself beyond the limits of such area, by such route and within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding two years, as may be specified in the order| | | | | ||------|------|------|------|-----| chapter iv special courtsspecial court14 for the purpose of providing for speedy trial, the state government shall, with the concurrence of the chief justice of the high court, by notification in the official gazette, specify for each district a court of session to be a special court to try the offences under this actspecial public prosecutor15 for every special court, the state government shall, by notification in the official gazette, specify a public prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a special public prosecutor for the purpose of conducting cases in that court ————abillto amend the scheduled castes and the scheduled tribes (prevention of atrocities)act, 1989—————(kumari selja, minister of social justice and empowerment) | Parliament_bills | 1b848d13-de30-5239-a4d6-1df389c166a7 |
bill no xxxii of 2021 the constitution (scheduled tribes) order (amendment) bill, 2021 a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in relation to the state of arunachal pradesh be it enacted by parliament in the seventy-second year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled tribes) order (amendment)act, 2021co 22amendment of constitution (scheduled tribes) order, 1950(b) for entry 6, the following entry shall be substituted, namely:—"6 tai khamti";(c) for entry 8, the following entry shall be substituted, namely:—5"8 mishmi-kaman (miju mishmi), idu (mishmi), taraon (digaru mishmi)"; (d) for entry 9, the following entry shall be substituted, namely:—"9 monpa, memba, sartang, sajolang (miji)";(e) for entry 10, the following entry shall be substituted, namely:—"10 nocte, tangsa, tutsa, wancho" statement of objects and reasonsscheduled tribes have been defined in clause (25) of article 366 of the constitution as "such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution;"2 article 342 of the constitution provides as under:—"342 scheduled tribes—(1) the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall for the purposes of this constitution be deemed to be scheduled tribes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause (1) any tribe or tribal community or part of or group within any tribe or tribal community, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification" 3 in accordance with the provisions of article 342 of the constitution, the first list of scheduled tribes in respect of state of arunachal pradesh was notified, vide, the constitution (scheduled tribes) order, 1950 list of scheduled tribes of arunachal pradesh has been modified through the north eastern areas (reorganisation) act, 1971, the scheduled castes and scheduled tribes orders (amendment) act, 2002, the constitution (scheduled tribes) order (amendment) act, 2008 and the constitution (scheduled tribes) order (amendment) act, 20114 at present, there are eighteen communities with their synonyms appearing in the illustrative list of scheduled tribes in respect of state of arunachal pradesh5 on the basis of recommendations of state of arunachal pradesh, it has been decided to modify part-xviii of the schedule to the constitution (scheduled tribes) order, 1950 relating to state of arunachal pradesh as follows:—(a) deletion of 'abor' in serial no 1, as it is the same as 'adi' in serial no 16; (b) replace 'tai khamti' instead of 'khampti' at serial no 6; (c) inclusion of 'mishmi-kaman (miju mishmi)', 'idu (mishmi)' and 'taraon(digaru mishmi)' in serial no 8 in lieu of 'mishmi, idu, taroan';(d) inclusion of 'monpa', 'memba', 'sartang', 'sajolang (miji)' in serial no 9 inlieu of 'momba';(e) inclusion of 'nocte', 'tangsa', 'tutsa', 'wancho' in lieu of 'any naga tribes'in serial no 10 6 therefore, it is proposed to amend part-xviii of the schedule to the constitution(scheduled tribes) order, 1950 relating to state of arunachal pradesh7 the bill seeks to achieve the aforesaid objectsnew delhi;the 28th july, 2021arjun munda financial memorandumthe bill seeks to amend the constitution (schedule tribes) order, 1950, by amending the list of scheduled tribes in the state of arunachal pradesh2 the amendment in the list of scheduled tribes relating to the state of arunachal pradesh will entail no additional recurring expenditure from the consolidated fund of india on account of benefits likely to be provided to persons belonging to the communities proposed in the bill this ministry is already funding for welfare of 1045 crores scheduled tribes population (census, 2011) further, the scheduled tribes are also eligible for benefits under the scheduled tribes component (stc) of schemes under the central government and state governments the expenditure will be accommodated within the approved budgetary outlay of the government annexure extract from the constitution (scheduled tribes) order, 1950co 22 part xviii—arunachal pradeshall tribes in the state including:—1 abor 6 khampti 8 mishmi [idu, taroon] 9 momba10 any naga tribes ———— a billfurther to amend the constitution (scheduled tribes) order, 1950 to modify the list of scheduled tribes in relation to the state of arunachal pradesh———— | Parliament_bills | 018b36ba-9883-51a9-964a-fc3eded74b82 |
corrigenda the bihar appropriation bill, l~ ( (,to bgt6s inttydysed in &gksabha) i pager3,-- l!ne 11,-against vote no38, in column 2, under the h~ad "services and purposes" ~ "(pub" ~ "(public relations deparlfmnt)" page 3, lines 12 and 13,-2 again~ vote no39, in column 2, under the head "service-s and purpose-s" for -"displaced p&rsons)" "displaced persons" read -3 page 3 line 13,-against vote no 39, in column 3, und-er the head "total" f2£ ",90-,500"·· ~ "6,90,500" : 4 corr-ect_ line numbers on page 3 l 8iu no 131 of i~ the bihar appropriation bill, 1969 a billto authorise payment and appropriation of cett4in further iuma frnm cad out of the consolidated fund of the state of bihejr for the ","'ieet of the financial year 1969-70 ' be it enacted by parliament in the twentieth year of the republic of india as follows:-1 this act may be called the bihar appropriation act, 1969 short title, 2 from and out of the consolidated fund of the state of bihar there 5 may he paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of seven crotes, seventeen lakhs, eighty-seven thousand and six hundred rupees towards defraying the several charges which will corne in course of payment during the financial year 1969-70, in respect of the services specified in column 10 2 of the schedule h~ue of r3 71787,808 from i and out otthe consoli· dated fund of the state of bihllr lor thl'! financial year iij89·7e no i charted on « services and purposes voted by the conio-total vale parliament lidated fund ri rio rio i tues 66,100 66100 10 2 land revenue 1,46,000 1,46,000 3 state excise duties 100 100 4 taxes on vehicles 7,'joo 6 jleaistration fees 10,soo io,soo 9 parliament and state le&islarures 19,10,200 191a700 is 10 general administration 7,80,800 780800 ij administration cf juatlce 3,50,100 354100 12 jails 43,00,000 4300,000 13 police ll,04aoo 1104400 is scientific departments 100 100 20 16 education 2,is93,200 12,000 216,25,200 7 medical 9,i1aoo 9,iiaoo 18 public health 12,37,800 12,37,800 19 agriculture 30 animal husbandry 2200 2s 2 i co-operation 1,21000 22 industries 23 community developmmt projects, national extension service and local development works - ••• 100 100 30 700 700 miac:dlaneous social ar:d degel~eutal orpnisltions (welfare of scheduled castes, scheduled tribes and backward classes) irrigation includir g mull i-pt rp06e river schemes 3600 26900 3s public works 1,10,02,600 1,10,34,000 31 public works-establishment 84 •• 800 8"41800 32 famine relief s300,ooo 34 stationery and printing 21,100 :u _ _ 3_'-;" !'_o l ,, • _', ',;-' ':;' ' _',;; '_" ',' '_' ' ·i " _' ___ ' ' ~,·;;k' ~~~~ ,:\/~>~~~};\¥~:;;:~~~ , -• 1 § 4'" sums not acecciin' ~o of sc:rvicca and purposes voted by charpdon vote , ,parliament tbe consoli-total s i dalrd fund rs rs rs 36 miscellaneous (gi'il11 panchayat) 811300 88300 , 37 : miscellaneous 738,800 738,800 10 38 miscellaneous (public relations dt'p~r·m<'r') %19600 2,1,600 39 miscellaneous (expenditure oln displaced peno"s 8,90500 90s00 40 misccllarcous (civil defence) %s,soo %s,soo <42 capi~ outlay on industrial and economic is development 39,s4,ooo 39,5'4,000 43 capital outlay on other works 30po,ooo '30,00,000 <45 capital outlay on schemes of gofiernmcnt tradin •• i~s,900 l,as,900 <46 loans and ad\'ajlcc8 by state governments 1,is,39,soo 1,1';39,800 20 total 7,14,!51,600 j,j6,ooc 1 7,17,87,600 -----------_----- -- ,_ __ _---__-- -- ,------ _ ---_-~- statement of objects and reasonsthis bill is introduced in pursuance of articles 204(1) and 205 of the constitution and the proclamation issued under article 356 of the constitution in respect of the state of bihar on the 4th july, 1869, to provide for the appropriation out of the consolidated fund of the state of bihar of the moneys required to meet the supplementary ex~enditure charged on the consolidated fund of the state of bihar and the grants made by the lok sabha for expenditure of the government of bihar for the financial year 1969-7q p c sethi president's recommendation under article 207 of the constitution of india(copy of letter no f5(13)-bi69, dated the 15th december, 1969 from shri prakashchand b sethi, minister of state in the ministry of finance tc the secretary, lok sabha) the president, having been informed of the subject matter of tbe proposed bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of the state of bihar for the st!rvices of the year ending on the 31st day of march, 1970, recommen(!s under clauses (1) and (3) of article 207 of the constitution read with article 205 thereof and the proclamation dated 4th july, 1969 issued under article 356 of the constitution of the introduction of the bihar appropriation bill, 1969 in the lok sabha a·nd also the consideration of the bill 2 the bill will be introduced in the lok sabha after all the supple· mentary demands for grants for 1969-70 have been voted a biuto authoriae payment and appropriation of certain funher sums from and out of the consoudated fund of the state of bihar for the aervices of the financial year t¢lj-1o (shri prakashchand b, sethi, minister of state in the m2'n;stry of finance,) | Parliament_bills | aee82f71-b5af-5896-9851-cec0983d20e3 |
bill no 157 of 2016 the maintenance and welfare of parents and senior citizens (amendment) bill, 2016 byshri mullappally ramachandran, mpabillto amend the maintenance and welfare of parents and senior citizens act, 2007be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title and commencement1 (1) this act may be called the maintenance and welfare of parents and seniorcitizens (amendment) act, 20165(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint(i) in clause (h), after the words "sixty years or above", the words "and shall include, irrespective of age, any elderly person or parent who is unable to operate his bank account or attend matters relating to his property due to age, disease or disability" shall be inserted; and5(ii) in clause (k), for the words "health care", the words "shelter, mental and physical health care" shall be substitutedamendment of section 43 in section 4 of the principal act, after sub-section (3), the following sub-sections shall be inserted, namely:—10''(3a) notwithstanding anything in sub-sections (1) to (3), a senior citizen or parent shall be entitled to make an application under section 5 against one or more of his grandchildren if the children of such senior citizen or parent are either dead or themselves entitled to make an application under section 5 by virtue of sub-section (1)(3b) the maintenance of parents or grandparents under this section shall be the obligation of those children who are entitled to receive the benefits of inheritance or succession under the statutory law or personal law, as the case may be"15amendment of section 174 in section 17 of the principal act, the following proviso shall be added at the end, namely:—"provided that the senior citizen including parent or grandparent shall have the right to be represented by a legal representative"20amendment of section 245 in section 24 of the principal act, for the words "shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both", the words "shall be punishable with rigorous imprisonment which may extend upto five years or fine which may extend upto one lakh rupees or with both" shall be substituted statement of objects and reasonsthe maintenance and welfare of parents and senior citizens act, 2007 was enacted to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognised under the constitution however, several thousand cases of utter neglect or even abandoning of elders by members of family are continuing to be reported dailyjust as the children have the right to education and married women have the right to maintenance, the elderly need a right to be maintained and provided with the basic essentials of life the responsibility rests on the children, grandchildren or next of kin of the aged persons however, such responsibility should be fixed in accordance with the right of succession as per personal or other laws applicable to themevery old age person needs care and protection and the responsibility should be casted upon society and government with fear of punishment in case of failurethe bill, therefore, seeks to amend the maintenance and welfare of parents and senior citizens act, 2007 with a view to—(a) include any elderly person or parent who is unable to operate his bank account or attend matters relating to his property due to age, disease or disability within the definition of 'senior citizen' under section 2;(b) include shelter and physical and mental healthcare within the definition of 'welfare'under section 2;(c) entitle a senior citizen or parent to make an application for maintenance against one or more of his grandchildren if the children of such senior citizen or parent are either dead or themselves entitled to make an application for maintenance;(d) put an obligation on children who are entitled to receive the benefits of inheritance or succession to maintain their parents or grandparents;(e) provide a right to the senior citizen including parent or grandparent to be represented by a legal representative; and(f) enhance the penalty for abandoning senior citizens hence this billnew delhi;mullappally ramachandranapril 22, 2016 annexure extract from the maintenance and welfare of parents and senior citizens bill, 2007 (56 of 2007)2 (a) (h) "senior citizen" means any person being a citizen of india, who has attained the age of sixty years or above; (k) "welfare" means provision of food, healthcare, recreation centres and other amenities necessary for the senior citizensright to legal representation17 notwithstanding anything contained in any law, no party to a proceeding before a tribunal or appellate tribunal shall be represented by a legal practitionerexposure and abandonment of senior citizen24 whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both lok sabha———— a billto amend the maintenance and welfare of parents and senior citizens act, 2007————(shri mullappally ramachandran, mp)gmgipmrnd—1147ls(s3)—02-07-2016 | Parliament_bills | 61131914-043e-52e3-848a-41f61928ebc8 |
bill no 59 of 2014 the scheduled castes and the scheduled tribes (prevention of atrocities) amendment bill, 2014 by dr kirit premjibhai solanki, mp a billto amend the scheduled castes and the scheduled tribes (prevention of atrocities)act, 1989be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the scheduled castes and the scheduled tribes (prevention of atrocities) amendment act, 2014(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of section 32 in the scheduled castes and the scheduled tribes (prevention of atrocities) act,1989 (hereinafter referred to as the principal act), in section 3, in sub-section (1),—(a) in clause (ii), after the word "injury", the words "or grievous injury" shall be inserted; and(b) after clause (xv), for the words "six months but which may extend to five years and with fine", the words "five years but which may extend to ten years and with fine" shall be substituted 3 in the principal act, after section 3, the following new section shall be inserted, namely:—5insertion of new section3a45 of 1860punishment for rape or attempt to rape"3a notwithstanding anything contained in the indian penal code, 1860, whoever, commits or attempts to commit rape on a woman belonging to the scheduled caste or the scheduled tribe shall be punished with life imprisonment" statement of objects and reasonsthere has been a sharp rise in the offences committed against persons belonging to the scheduled castes and the scheduled tribes in particular, the incidents of offences against women belonging to these communities are becoming order of the day across the country a large number of cases of grave and serious nature like outraging of modesty, attempt to rape or rape of women belonging to the scheduled castes or the scheduled tribes go unreported as these women are vulnerable and hardly dare to report such cases even in the cases where the offences have been reported, the perpetrators of such crimes go unpunished for several reasons it is, therefore, necessary to amend the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 to make penal provisions more stringent for offences of atrocities against persons belonging to the scheduled castes or the scheduled tribes committed under section 3 of the act the bill also proposes to provide life imprisonment in case a person commits rape or attempts to commit rape on a woman belonging to the scheduled castes or the scheduled tribeshence this billnew delhi;kirit premjibhai solankijune 27, 2014 annexure extract from the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989(33 of 1989) chapter ii offences of atrocities3 (1) whoever, not being a member of a scheduled caste or a scheduled tribe,— (i) punishments for offences of atrocities(ii) acts with intent to cause injury, insult or annoyance to any member of a scheduled caste, or a scheduled tribe by dumping excreta, waste matter, carcasses or any other obnoxious substance in his premises or neighbourhood; (xv) forces or causes a member of a scheduled caste or a scheduled tribe to leave his house, village or other place or residence, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to five years and with fine ———— a billto amend the scheduled castes and the scheduled tribes (prevention of atrocities)act, 1989————(dr kirit premjibhai solanki, mp)gmgipmrnd—1313(s3)—23-07-2014 | Parliament_bills | dc4ae118-f8f0-5d91-9f78-ccec856c6c5d |
bill no 163 of 2015 the constitution (amendment) bill, 2015 byshri gopal chinayya shetty, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—short title1 (1) this act may be called the constitution (amendment) act, 2015(2) after article 16 of the constitution, the following article shall be inserted, namely:—insertion of new article 16a"16a every citizen, who has attained the age of eighteen years, shall have the right to employment:right to employmentprovided that any such citizen, who is not provided with employment, shall be entitled to unemployment allowance at such rate as parliament may, by law, determine" statement of objects and reasonseven after sixty-seven years of independence, twenty-seven per cent of india's population is living below poverty line and a large section of people die of starvation every year although poverty has been checked to a large extent, yet a large section of our society is unemployed and they have no source of income in the absence of adequate employment opportunities, youth take to other courses to sustain themselves by joining extremist, terrorist and criminal activities and also indulge in other anti-social activities such as kidnapping, robbery, hijacking, etc, which is not good for unity and integrity of the nation therefore, time has come to amend the constitution to make right to employment a fundamental right, so that the young generation do not indulge in anti-national activities besides, making right to employment a fundamental right of the citizens, the bill also provides for payment of unemployment allowance to all unemployed citizens till they are provided with employment this will help young generation financially, discourage them from indulging in anti-national activities and engage them in nation building activitieshence this billnew delhi;gopal chinayya shettymay 7, 2015 financial memorandumclause 2 of the bill provides for making right to employment a fundamental right of the citizens it further provides that every such citizen who is not provided with employment shall be entitled to get unemployment allowance at such date as parliament may, by law, determine the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees five thousand crore is likely to be involved initiallya non-recurring expenditure of about rupees one hundred crore is also likely to be involved———— a billfurther to amend the constitution of india————(shri gopal chinayya shetty, mp)gmgipmrnd—1186ls(s3)—14-07-2015 | Parliament_bills | b301ab29-5743-5c3c-95f8-06739f75246c |
the working children (rescue, rehabilitation and welfare) bill, 2006 a billto provide for the identification of children employed in industries, occupations, households and establishments, eateries etc, for rescuing them from such employment and for their proper rehabilitation and for welfare measures to be undertaken by the state through education, training and such other measures for the rescued working children and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:— welfare) act, 2006short title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in other cases the central government;(b) "child" means any boy or girl who is below the age of fifteen years; (c) "competent authority" means such authority which has been so auhorized by the appropriate government by notification in the official gazette to perform all or any of the functions of competent authority under this act and also for such area or areas as may be specified therein;(d) "employer" means,—(i) in relation to an establishment the person who has the ultimate control over the affairs of such establishment;(ii) in relation to a house, the head of the family; (iii) in relation to a shop, dhaba stall, restaurant, hotel, kiosk, rehri or similar places the owner thereof; and(iv) in relation to agricultural operation, the person for whom the agricultural operation or work is done, undertaken or accomplished (e) "establishment" includes a household, factory, mine, plantation site, agricultural field, shop, kiosk, stall, dhaba, rehri, tea stall hotel, restaurant, circus, exhibition, vending place or vehicle, garage or auto repair shop, or any place or permises in which children are employed for working;(f) "prescribed" means prescribed by rules made under this actabolition of child labour3 (1) on the commencement of this act, child labour in any form whatsoever shall stand abolished and every working child on such commencement shall stand freed and discharged from any obligation to render any work, be it forced or bonded labour for any employer or establishment(2) after the commencement of this act,—(a) no person shall for himself or for any establishment either employ a child or compel any child to render any forced or bonded labour;(b) no parent or guardian of a child shall pledge his child to anybody for any work; and(c) any custom or tradition or any contract, agreement or other instrument by virtue of which any child is required to do any work or render any service as a worker shall be void and inoperative4 (1) the appropriate government shall, from time to time as per the need, make surveys to identify and enumerate children working in various establishments and prepare a record thereof in such manner and with such details, as may be prescribedsurvey, enumeration and rescue of working children(2) the appropriate government shall rescue all the working children identified and enumerated under sub-section (1) in such manner as may be prescribed(3) the working children rescued under sub-section (2) shall be lodged in shelters established by the appropriate government for rehabilitation of such working children where such children shall be provided the following facilities, namely:—(a) free food, clothing, boarding, lodging and other necessities of daily life;(b) free medical care; and (c) such other facilities as may be prescribededucational facilities5 the working children covered under this act shall be provided the following educational facilities by the appropriate government, namely:—(a) free education as per his calibre for such level and period as may be prescribed;(b) free vocational education and training; (c) free medical and engineering education and computer training wherever necessary; and(d) provision of employment after the completion of educationestablishment of shelters6 the appropriate government shall establish and run such number of shelters as the competent authority may deem necessary for the rehabilitation of rescued working children under this act7 (1) with effect from such date, as the central government may, by noification in the official gazette, specify in this behalf, there shall be established for the purposes of this act, a fund to be called the 'national child labour rehabilitation cum welfare fund' to be operated by the competent authority in such manner as may be prescribedestablishment of national child labour rehabilitation cum welfare fund(2) the fund established under sub-section (1) shall consist of all receipts from,—(a) the central and state governments and institutions and organizations; (b) body corporates, both of public and private sectors; and (c) individuals, associations and others in the form of contributions or donations8 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds for carrying out the purposes of this actcentral government to provide requisite funds penalty9 whoever, after the commencement of this act, employs or compels any child to render labour shall be punishable with imprisonment for a term which shall not be less than four years but may extend to seven years and also with fine which may extend to one lakh rupees2 of 197410 notwithstanding anything contained in the code of criminal procedure, 1973,every offence under this act shall be cognizable, non bailable and shall be tried summarily by a magistrateoffences to be cognizable, non-bailable and summarily triable offences by companies11 where an offence under this act has been committed by a company, every person who, at the time, offences were committed, was incharge of and was responsible to the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyjurisdiction of civil courts barred12 no civil court shall have jurisdiction in respect of any matter to which any provision of this act applies and no injunction shall be granted by any civil court in respect of anything which is done or intended to be done by or under this actact to have overriding effect13 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forcepower to make rules14 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsaccording to 2001 census, in the age group of 5-14 years there are nearly 126 crore working children in our country most of them work in hazardous conditions and are consistently exploited quite a large number of them work in carpet factories, brick kilns, stone and limestone mines etc, as a bonded labourer children also work in beedi rolling factories, bangle manufacturing units, cracker factories, hotels, tea stalls, dhabas, garages, cycle and other vehicle repairing shops, agricultural fields, ferriwallas, domestic servants and various other kinds of working places at the school going age and when it's time to enjoy the childhood the hapless children are forced to work from the very tender age either for their own survival or to support their poor families many a time alcoholic or drug addict, or gambler parents also force their wards to work these unfortunate children remain illiterate and exploited they generally get meagre salary and many a time only two square meals and a pair of clothes they do not get proper medical care at the time of need and are left to their destinythough child labour is prohibited by law but laws are flouted without any fear because the laws are not credibly deterrent such law breakers must get stringent punishment in a welfare state like ours the state has to come forward to rehabilitate the child workers through education, training and other means a national child labour rehabilitation-cum-welfare fund should be established for them so that their childhood is saved from exploitation and they grow as responsible citizenshence this billem sudarsana natchiappan financial memorandumclause 4 of the bill provides for rehabilitation of the rescued children by giving them free food, medical care etc clause 5 provides for educational facilities for working children clause 6 provides for the establishment of shelters for such children clause 8 makes it mandatory for the central government to provide requisite funds for carrying out the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of two thousand crore rupees may involve as recurring expenditure per annuma non-recurring expenditure to the tune of rupees two thousand crore may also involve from the consolidated fund of india 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 rajya sabha———— a billto provide for the identification of children employed in industries, occupations,households and establishments, eateries etc, for rescuing them from suchemployment and for their proper rehabilitation and for welfare measuresto be undertaken by the state through education, training and suchother measures for the rescued working children and for mattersconnected therewith and incidental thereto————(shri em sudarsana natchiappan, mp)mgipmrnd—494rs(s5)—12-05-2006 | Parliament_bills | 4e3ebe09-6751-5fc6-99fa-4646746635ea |
bill no 165 of 2015 the persons with disabilities (equal opportunities, protection of rights and full participation) amendment bill, 2015byshri gopal chinayya shetty, mp a billfurther to amend the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—2 after section 43 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, the following section shall be inserted, namely:—1 of 1996insertion of new section 43a"43a (1) the appropriate government shall—5(a) pay disability allowance to every person with disability at the rate of rupees four thousand per month through a government agency or a nationalised bank:facilities to be provided to disabled persons by the appropriate governmentprovided that disability allowance shall be reviewed, from time to time, by the central government according to prevailing cost index;10(b) establish adequate number of homes for persons with disability in every district;(c) provide medical facilities free of cost to every person with disability in government hospitals and other designated dispensaries for the purpose;(d) provide a residential unit free of cost in deserving cases; and15(e) constitute a welfare fund for the welfare and rehabilitation of persons with disability (2) the central government shall, after due appropriation made by parliament by law in this behalf, credit adequate sums to the welfare fund for carrying out the purposes of this act"central government to credit adequate sums to the disabled persons welfare fund statement of objects and reasonsour country has a large number of persons with disability these helpless persons have to face much difficulties due to lack of adequate measures for their care and rehabilitation in the absence of adequate welfare measures, these persons are living in a pitiable condition it has been a tradition in our country to take care of persons with disability but due to financial constraints, all persons, particularly belonging to lower income group, are not in a position to help these persons to lead a dignified lifemost of the persons with disability do not have any regular source of income and cannot afford their daily needs of livelihood being a welfare state, it is foremost duty of the government to provide social security to all persons with disabilitythese persons with disability are being provided assistance under ongoing social security schemes but the same are inadequate in several countries including united states of america, canada, denmark, financial assistance through pension scheme is provided to persons with disability it is, therefore, felt that there is an urgent need for empowerment of persons with disability in our country by way of providing disability allowance, health facilities free of cost, residential units, homes for persons with disability in every district and other welfare measures for themthe bill seeks to achieve the above objectivesgopal chinayya shettymay 7, 2015 financial memorandumclause 2 of the bill provides that the appropriate government shall provide certain facilities like disability allowance, healthcare facilities free of cost, constitution of a welfare fund for persons with disability it further provides that the central government shall credit adequate sums to the welfare fund for the purposes of the act the expenditure in respect of providing certain facilities to persons with disability in the states will be met from the consolidated funds of the respective states however, the expenditure to be incurred in respect of providing certain facilities to the persons with disability in union territories will be borne by the central government the bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees two thousand crore is likely to be involveda non-recurring expenditure to the tune of rupees thirty crore is also likely to be involved———— a billfurther to amend the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995————(shri gopal chinayya shetty, mp)gmgipmrnd—1240ls—14072015 | Parliament_bills | 48a0ec2f-c940-54d1-b1a7-e8d5b088e92c |
financial memorandumclauses 3(e) and 4 of the bill provide that appropriate government shall provide rs 100 per month upto primary level, rs 200 per month upto middle level and rs 500 per month upto higher secondary level to each girl child and establish requisite number of higher secondary schools within its jurisdiction respectively the bill if enacted and brought into operation will involve expenditure from the consolidated fund of india it is likely to involve asum of rupees five thousand crores from the consolidated fund of india per annum as recurring expenditure it is also likely to involve a sum of rupees eight hundred crores from the consolidated fund of india as non-recurring expenditure memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill, the rules will relate to matters of details only the delegation of legislative power is of normal character | Parliament_bills | 805f0c16-745d-5098-a892-3db1b8cc2973 |
provided that the terms, conditions and tariff for such sale, shall, in respect of a generating company wholly or partly owned by the central government, be such as may be determined by the central government and in respect of a generating company wholly or partly owned by one or more state governments be such as may 5 be determined, from time to time, by the government or governments concerned" 12, for section 55 of the principal act, the following section shall be substituted, namely: - substitution of new sec tion for section 55 "55 (1) every licensee shall comply with such reasonable diree- 19 tions as the board may, from time to time, give him for the purpose of achieving the maximum economy and efficiency in the operation of his undertaking or any part thereof, compfiance of direetions of the regional electricity board, ete by licen- (2) every licensee or generating company shall follow all the directions of the regional electricity boards and shall conduct their js operations in accordance with the instructions of the regional load despatch centre s0 as to ensure integrated grid operations, sees or genera ting companies (3) tf any dispute arises with reference to the integrated grid operations as to whether any direction given under sub-section (1) or sub-section (2), is reasonable or not, it shall be referred to the 20 authority, whose decision thereon shall be final; so, however, pending the decision of the authority, directions of the regional electricity boards or the regional load despatch centres shall prevail in the interest of smooth operation of the integrated grid" 13 in section 75a of the principal act,— 25 (3) sub-section (1) shall be omitted; amendment of section wba (ii) in sub-section (2), for the word "promoting" wherever it occurs, the word "competent" shall be substituted; (iii) for sub-section (3), the following sub-section shall be substituted, namely:— 30 "(3) for the purpose of preparing the statement of accounts referred to in sub-section (2), the depreciation to be provided every year shall be calculated at such rate as may be specified by the central government, by notification in the official gavette, in accordance with the provisions of section 43a"; (wv) sub-section (8a) shall be omitted; (v) in sub-section (4), for the words, brackets and figure "'sub- sections (1) and", the words "sub-section" shall be substituted 14 in the sixth schedule to the principal act, in paragraph xvit—amendment of sixth schedule ) in sub-paragraph (2), in clause (c), after sub-clause (va), the 40 following sub-clause shall be inserted, namely: - _"(vb) debt redemption obligation of the private licensees which may be done on a year to year basis, taking into account35 the requirements of debt redemption and resource generation through depreciation, retained surplus;"; (ii) in sub-paragraph (6), for clause (b), the following clause shall be substituted, namely:— "(b) interest charges on capita] expenditure incurred during the period between the date of grant of the license and the date when the undertaking commences supply, from borrowed money and properly attributable to the assets as actually accrued up to the date of such supply, as well as interest incurred on outlays for subsequent expansions;"; 10 in sub-paragraph (10), in clause (b), for the words "part of capital base for that year, the reserve bank rate ruling at the beginning of that year, plus two per centum", the following words brackets and figures shall be substituted, namely:— 15 "capital base for that year, the reserve bank rate ruling at the beginning of that year plus— (i) two per centum for investments made up to the date of the commencement of the electricity laws (amendment) act, 1991; and (ii) five per centum for investments made thereafter:"20 statement of objects and reasonsthe indian electricity act, 1910 deals with the supply and use of © electrical energy and the rights and obligations of the licensees the electricity (supply) act, 1948 deals with the statutory powers and functions of the central electricity authority, state electricity boards and generating companies 2, it is proposed to widen the scope of private sector participation in power generation, supply and distribution by suitably amending the aforesaid acts, the main amendments are as follows,— (a) section 6 of the indian electricity act, 1910 which deals with the period of license is sought to be amended to enhance the said period of license to 30 years followed by subsequent extensions for 20 years at a time this will ensure reasonable stability in the operation of the license (b) section 2 of the electricity (supply) act, 1948 (hereinafter referred to as the said act), which defines various expressions, is proposed to be amended to give effect to certain changes in the definitions and also to define certain new expressions clause (4a) is proposed to be substituted to remove the exclusion of private sector from the definition of "generating company", as it permits only the companies formed by the central government or by any state government or jointly by the central government and one or more state governments (c) section 15a of the said act which deals with the formation, objects, etc, of generating companies is proposed to be amended so as to provide for the establishment of generating companies in the private sector as well as in the joint sector (d) section 29 of the said act which deals with the submission of schemes involving capital expenditure exceeding rupees five crores to the central electricity authority is proposed to be amended in the interest of flexibility, keeping in view the escalation in the cost of projects and to provide for revision from time to time of the prescribed limit of project cost requiring such clearance (e) a new section 43a is proposed to be inserted to the said 'act to provide for the terms and conditions and tariff for sale of electricity by the generating companies (£) section 55 of the said act which provides for the licensees' compliance with the board's directions is proposed to be amended to ensure that the licensees as well as generating companies shall comply with the directions issued by the designated coordinating agencies in the matter of generation and supply of power(g) paragraph xvii(10) (b) of schedule vi to the said act is proposed to be amended to raise the standard rate from the existing level of 2 per cent over the reserve bank of india rate to 5 per cent over the reserve bank of india rate to motivate equity investment in the power projects set up by licensee companies 3 the bill seeks to achieve the above objects, new deu; the 30th august, 1991 kalp nath rai, annexure extract from the indian electricity act, 1910 (9 of 1910) ee 6 (1) where a license has been granted to any person, not being a orn' jocal authority, the state electricity board shall,— takings + (b) in the case of a liceise granted on or after the commencement, of the said act, on the expiration of such period not exceeding twenty years and of every such subsequent period, not exceeding ten years, as shall be specified in this half in the license; have the option of purchasing the undertaking and such option shall be exercised by the state electricity board serving upon the licensee a notice in writing of not less than one year requiring the licensee to sell the undertaking to it at the expiry of the relevant period referred to in this sub-section : extracts from the electricity (suppty) act, 1948 (54 or 1948) interpre- 2 in this act, unless there is anything repugnant in the subject or tation, context,— (44) "generating company" means a company formed— (a) either by the central government or by any state goyernment; or (6) jointly by the central government and one or more state governments or by two or more state governments, and registered under the companies act, 1956; rst? 15a (1) tion, (2) the main objects of a generating company shall be— objects ' n juris (i) establishing, operating and maintaining generating stations diction, and tie-lines, sub-stations and main transmission lines connected ete, of therewith; gene- ; , rating () operating and maintaining such generating stations, tie- come lines, sub-stations and main transmission lines as are assigned to it panies, by the government or governments forming the generating com- pany (hereinafter referred to as the promoting government)ey jo adoo & 'sjuautusea0s surjouord ay} jo auo 10 yuawwueacs suyour cord oy} sf juauiuieacd [exuad ey} ysiym 0} uonlier ui lueduiog bur ~yerouan e aq posedaid uvaq sey ewayos 24} a1dym yey, papraoig {peutiduod s}ubuiutaadh 248} io juauiuiaach aybig ey) 0} papremsot eq teys (¢) uornsas-qns zapun auedwiog sunerauay oy) 'oq eur aseo ay} se "10 prkog ay} aq poredead ayeuy eutoyos ay} yo adoo y (f) '72 "ay -ouny jo aouauang wo? joy samioyps jo wors -suqng '9oubiinduod sf jof aqlioyiny ay} 0} payyuqns oq 'uok, veaedaid sy1 sayye aq avut se uoos se '[[eys saadna jo ar0i0 2ay sutpaeoxs amppusdxe eydeo & aaqoaut oy payeuyso auiayos atoag (7) "6z « s —ayoyyny ey} aq payloads oq av se jouuew yons uf 'yt -alay} pazyeuuod sauuit woisstuisuei} pur suoteys-qns 'seut-o4 pue suore}s suneraues surystqeyso joy 'aq avur aseo ayy se 'spreog a0 prog oy} yim uoneutpro-09 uf 'soutoyas axedord pue suonesnsaaut petteyep '[z woysas jo suorstaosd ay} 0} yaalqns "yno aareo of (a) pue 'yymerey} payauuoo 'aue jr 'uiaysxs zamod ay} 1aa0 joxjuod suraey aouese jo yusuruseaocy oy} pue 'aq aeurt aseo ayy se 'spavog, jo preog ay} yim uoneutpio-09 ut sjuauiuaeaos sutouiord jo jueuurea0s suyouosd ayy sq 4 0} pauiisse 'saul] uorsstuisur sy uyeu pue suor}e4s-qns 'saulf-ay 'suorjels suyeieuad ay} touurut [eo -twouoss pue yualoyje jsour ay} ur 'ureyuleut pub ayesado 04 (q) i | {kuedwog sur "yeivuah py} 0} uowliai ur sjueuuieacs suyowosd 10 yueuru1ea0% sunoutord oy, aq paysyqeyso oq 0} pasmmbar aq seu se 'qydorey peyeuuoo sauit uoiss(uisubt} uleu pue suot}e}s-qns 'souly-a pue suoneis buyerouad yons urezureur pue oyesedo 'ysqqeysa 0} (v) "ued =a aun -px91195) jo sonn —4jeureu 'seynp sumorpoy ayy yim passeya oq jjeys aued "wd sunereued & yoy sim} jo suoisiaord ayy 04 yalqng (1) "wet "py sty} japun aueduiog superauar & aq of 'sasodind [je 10f 'pauteap aq [peys '(2) uorksas-qns ut peyroads sdoyyeut 2q} jo aue 40 [[e sjoatqo ureur syt se survey 'uaweousuu0 yons uo buruonouny pue aputof 'syuautusaa05 421g e10w jo om} jo 's}uaue "uioaod 2324s p1oul jo euo pue juauiuaeaoh [eiyuad ay} jo juowuivach areig aue to juawuraaoy pexued ey} aq '9161 'oouvuipie juauipuouty (4[ddng) apornoaty ayy jo quoweouewt09 ayy aroyaq paursoy 'gcgr voy seruedwoy ay} jo ¢ uondas yo suravout ayy uri auedwoo y (4) 'preog oy} jo jaquiow v 0} sjdde avy} se sueduioy suyerouay ve jo sxoyeap jo preog ay} jo zequieur arana 0} sjdde 'eq kew se sey os 'tpeys § uorses jo suoistaord ou (9) 'yoorayt staquioul outy-[[nf se payusodde aq eu 'syuoucra03 surjouord yons £q uodn paaise eq aeut se 'auo uey) sjuawtuseao8 surowosd asour are aray} aroyas "io iy syuiy} qusurutaacd fuyjouiord ayy se aueduog sunesuen b jo s1o}etip jo prog py} jo sxaquiout oy} jo jequnu yong (f) 'heyeq sip} ut apoads 'ouy} 0} pw wore 'kew syuouus0408 suyoword 10 yuautuseacs supouoad ay} se seare yons ural saanoe sy uo ized ffeys auedwog suyerauey oy, (¢) scheme finally prepared shall be forwarded also to the ment 30 the authority shall, before concurring in any scheme to it under sub-section (1) of section 29, have particular whether or not in its opinion— matiers to be considered by the authority (g) the scheme conforms to any other technical, economic other criteria laid down by the authority in accordance with 1 national power policy evolved by it in pursuance of the provisi contained in clause (i) of sub-section (1) of section 3 concurrence of authority to scheme submitted to it board or generating com pany, 31 (1) where a scheme is submitted to the authority under s section (1) of section 29, the authority may, having regard to the mat referred to in section 30, either concur in the scheme without modification or require the board or, as the case may be, the generating comany to modify the scheme in such manner as the authority specifies in the requisition so as to ensure that the scheme conforms to the national power policy evolved by the authority in pursuance of the provisions contained in clause (i) of stib-section (1) of section 3 and in either case the authority shall also communicate its decision to the state government or state governments concerned: provided that where the scheme was submitted for concurrence by a generating company in relation to which the central government is the promoting government or one of the promoting governments, the decision shall be communicated also to that government 39 (1) opera: tion of board's generating stations (2) where a generating company has been established having its activities wholly or partly in a state, the state government may direct the board to make over any generating station established or acquired by the board to the generating company subject to such terms and conditions as may be specified in the direction and board shall comply with such direction: provided that where the central government is the promoting government or one of the promoting gov ments in on to the generating company, no direction shall be made by any state government under this sub-section without the concurrence of the central government e 43 (1) = (3) a generating company may, on such terms as may be agreed upon, enter into arrangements for the sale of electricity generated by it— (a) with the board constituted for the state or any of the states wherein such generating company is operating; or (0) with any other person with the consent of the government -or governments which, in relation to that generating company, is the promoting government or promoting governments power to board to enter into arrangements for purchase or sale of electricity under certain conditions 55 (1) every licensee shall comply with such reasonable directions as the board may from time to time give him for the purpose of achieving the maximum of economy and efficiency in the operation of his undertaking or any part thereof (2) if any dispute arises between the board and the licensee as to whether any directions given under sub-section (1) are reasonable or not, it shal] be referred to the authority whose decision thereon shall be final pee « 75a (1) a generating company shall, before the expiry of the 3lst december of each year, submit to the promoting government, or where 'there are more than one promoting government to all such promoting governments, a report giving an account of the activities, if any, which are likely to be undertaken by such generating company in the ensuing year together with a statement of the estimated capital and revenue receipts and expenditure for that year h form as may be specified hy the promoting government or, as the case may be, the promoting gavernments (2) a generating company shail, as soon as may be after the end of each year, prepare a report giving an account of its activities during the previous year and shall, within six months from the date of closure of the year forward to the promoting government, or where there are more than one promoting government, to all such promoting governments, the report together with a statement of accounts, in such form and containing such particulars as may be specified by the promoting government or the promoting governments, as the case may be, a copy of the balance-sheet and profit and loss account and the auditor's report, in relation to the accounts of the year aforesaid (3) for the purpose of preparing the statement of accounts referred to in sub-section (2), the depreciation to be provided every year shall be calculated in accordance with the same method as laid down by or under this act for calculating depreciation in relation to the board, (8a) (a) the generating company shall carry on its operations under this act and adjust its tariffs so as to ensure that the total revenues in any year of account shall, after meeting all the expenses properly chargeable to revenues including operating, maintenance and management ex- denses, taxes (if any) on income and profits, depreciation and interest payable on all debentures, bonds and loans, leave such surplus as the promoting government or promoting governments, as the case may be, may, from time to time, specify () in specifying the surplus under clause (a), the promoting government or promoting governments, as the case may be, shall have due regard to the availability of amounts accrued by way of depreciation and 'the liability for loan amortization and leave a reasonable amount to contribute towards the cost cf capital works and for payment of dividend on shares (4) the provisions of sub-sections (1) and (2) shall be in addition to and not derogation of the provisions contained in the companies act, 1956, in relation to reports, statement of accounts and other documents required to be prepared or kept or submitted by a company within the meaning of section 3 of that act licenses to comply with directions, annual reports and accounts of generating company the sixth schedule (see sections 57 and 57a) financial principles and their application definitionsxvii for the purposes of this schedule— @) "clear profit" means— the difference between the amount of income and the sum of expenditure plus specific appropriations, made up in each case as follows: - ® (c) special appropriations sufficient to cover— (6) "original cost" means in respect of any asset the sum of— "i (b) interest charges on capital expenditure incurred, during the period between the date of the grant of the licence and the date when the undertaking commences supply, from borrowed | money and properly attributable to the asset, accrued up to the | date of such commencement of supply at a rate not exceeding the average reserve bank rate ruling at that time plus one per centum; so however, that the original cost of any asset shall not in any case exceed the original cost attributed thereto in the books of the undertaking (10) "standard rate" in respect of any year of account means— (®) in relation to the remaining part of the capital base for that year, the reserve bank rate ruling at the beginning of that year, plus two per centum: provided that the central government may, by notification in the official gazette, and with effect from such date as may be specified therein, increase or decrease the standard rate specified in clause (®), if, after consultation with the authority, that government considers it necessary so to do to ensure that any rise or fall in the reserve bank rate does not affect the reasonable return in any subsequent year of account in relation to that part of the capital base which is equivalent to the capital base as computed on the last date of the previous year of account | Parliament_bills | 4f0ed513-5abd-5cfa-b323-4fbff7089e5e |
6 in section 24 of the principal act, - amendment of section 24 (a) sub-sections (/) and (2) shall be omitted; (8) for sub-section (24), the following sub-section shall be substituted, namely:— 5 2 of 1934 "\(2a) a scheduled bank, in addition to the average daily balance which it is, or may be, required to maintain under section 42 of the reserve bank of india act, 1934, and every other banking company, in addition to the cash reserve which itis required to maintain under section 18, shall maintain in india, assets, the value of which shall not be less than such percentage not exceeding forty per cent of the total of its demand and time liabilities in india as on the last friday of the second preceding fortnight as the reserve bank may, by notification inthe official gazette, specify from time to time and such assets shall be maintained, in such form and manner, as may be specified in such notification"; (©) sub-section (28) shall be omitted, 7 after section 29 of the principal act, the following section shall be inserted, namely: - insertion of new section 29a, power in respect of enterprises 20 '29 (1) the reserve bank may at any time direct a banking company to disclose in its financial statements or furnish to it separately, within such time and at such intervals as may be specified by the reserve bank, such statements and information relating to the business or affairs of any associate enterprise of the banking company as the reserve bank may consider necessary or expedient to obtain for the purpose of this act 1 of 1980 25 (2) notwithstanding anything to the contrary contained in the companies act, 1956, the reserve bank may, at any time, cause an inspection to be made of any associate enterprise of a banking company and its books and account by one or more of its officers or employees or other persons (3) the provisions of sub-sections (2) and (3) of section 35 shall apply mutatis: 'mutandis to the inspection under this section ssociate enterprise" in relation to a banking company includes explanation an enterprise which— 30 (i) is aholding company or a subsidiary company ora joint venture of the banking company ; of (id) controls the composition of the board of directors or other body governing the banking company; or ci (git) exercises, in the opinion of the reserve bank, significant influence on the banking company in taking financial or policy decisions; or is able to obtain economic benefits from the activities of the banking g company 8 after part iia of the principal act, the following part shall be inserted, namely: - | insertion | of ||--------------|-------|| hnew | part || ab | || 4o | | "part hab 'supersession of board of directors of banking companysupersession as 36aca (/) where the reserve bank is satisfied that in the public interest or for preventing the affairs of any banking company being conducted in a manner detrimental to the interest of the depositors or any banking company or for securing the proper management of any banking company, itis necessary so to do, the reserve bank may, for reasons to be recorded in writing, by order, supersede the board of directors of such banking company for a period not exceeding six months as may be specified in the order: provided thatthe period of supersession of the board of directors may be extended from time to time, so, however, that total period shall not exceed twelve months, (2) the reserve bank may, on supersession of the board of directors of the banking company under sub-section (/), appoint an administrator for such period as es it may determine (3) the reserve bank may issue such directions to the administrator as it may 'deem appropriate and the administrator shall be bound to follow such directions (4) upon making the order of supersession of the board of directors of a banking, 1 of 1986 company, notwithstanding anything contained in the companies act, 1956,— ld (a) the chairman, managing director and other directors shal as from the date of supersession, vacate their offices as such; (}) all the powers, functions and duties which may, by or under the 1 of 1956 provisions of the companies act, 1956 or this act, or any other law for the time being in force, be exercised and discharged by or on behalf of the board is of directors of such banking company, or by a resolution passed in general meeting of such banking company, shal, until the board of directors of such banking company is reconstituted, be exercised and discharged by the 'administrator appointed by the reserve bank under sub-section (2): provided that the power exercised by the administrator shall be valid to notwithstanding that such power is exercisable by a resolution passed in the general meeting of such banking company (5) the reserve bank may constitute a committee of three or more persons who have experience in law, finance, banking, administration or accountancy to assist the 'administrator in the discharge of his duties ai 2 (6) the committee shall meet at such times and places and observe such rules of procedure as may be specified by the reserve bank, (7) the salary and allowances to the administrator and the members of the committee constituted by the reserve bank shall be such as may be specified by the reserve bank and be payable by the concerned banking company ge (8) on and before the expiration of two months before the expiry of the period of supersession of the board of directors as specified in the order issued under subsection (/), the administrator of the banking company, shall call the general meeting of the company to elect new directors and reconstitute its board of directors - (9) notwithstanding anything contained in any other law or in any contract, the 357 memorandum or articles of association, no person shall be entitled to claim any compensation for the loss or termination of his office (j0) the administrator appointed under sub-section (2) shall vacate office immediately after the board of directors of such banking company has been reconstituted" ho 9, in section $1 of the principal act, in sub-section (7), before the words, brackets, amendment figures and letters "sub-sections (1b), (/c) and (2) of section 30", the figures and letter of section $1 "29a," shall be inserted 10 (1) in section 56 ofthe principal act, - amendment of section 56 (4) in clause (0) relating to the modification of section 22,— oa (a) in sub-section (1),— (0 clause (a) shall be omitted;(ii) after the proviso, the following proviso shall be inserted, namely:-— "provided further that nothing in this sub-section shall apply to a primary credit society carrying on banking business at the 'commencement of the banking regulation (amendment) act, 2005, 5" for a period of one year or for'such further period not exceeding three years as'the reserve bank may, after recording the reasons in writing for so doing, extend (6) in sub-section (2),— (2) for the words, "every primary credit society which becomes @ fo primary co-operative bank after such commencement shall before the expiry of three months from the date on which it so becomes a primary co-operative bank" the words, "every primary credit society which had become a primary co-operative bank at the commencement of the banking regulation (amendment) act, 2005, shall before the expiry of three months (5° from the date on which it had become a primary co-operative bank" shall be substituted; (i the words, "other than a primary credit society" shall be omitted; (iid in the proviso, - (a) in clause (ii), for the words "thereafter; or" the word 20 "thereafter," shall be substituted; (b) clause (iti) shall be omitted; (8) in clause (s) relating to the modification of sections 29 and 30, for the words and figures, "sections 29 and 30" the word and figures, "section 29" shall be substituted; 25 (c) after clause (3), the following clause shall be inserted, namely; - ""(sa) for section 30, the following section shall be substituted, namely: audit "30, (1) without prejudice to anything contained in any other law for the time being in force, where the reserve bank is satisfied that it is necessary in the public interest or in the interest of the co-operative 30 bank or its depositors so to do, it may at any time by order direct that a special audit of the co-operative bank accounts, for any such transactions or class of transactions or for such period or periods as may be specified in the order, shall be conducted and may by the same or a different order appoint a person duly qualified under any law for the 35 time being in force to be an auditor of companies to conduct such special audit, and the auditor shall comply with such directions and make a report of such audit to the reserve bank and forward a copy thereof to the co-operative bank, (2) the expenses of, or incidental to, the special audit specified in yo the order made by the reserve bank shall be borne by the co-operative bank (3) the auditor referted to in sub-section (/) shall have such powers, exercise such functions vested in and discharge the duties and be subject to the liabilities and penalties imposed on auditors, if any, 45~ appointed by the law establishing, constituting or forming the cooperative bank(4) in addition to the matters referred to in the order under subsection (1) the auditor shall state in his report - (a) whether of not the information and explanation required by him have been found to be satisfactory; 5 (6) whether or not the transactions of the co-operative bank which came to his notice have been within the powers of the cooperative bank; (c) whether or not the returns received from branch offices of fo the co-operative bank have been found adequate for the purpose of his audit; (@) whether the profit and loss accounts shows a true balance or profit or loss for the period covered by such account; (©) any other matter which he considers should be brought to the notice of the reserve bank and the shareholders of the co- 1s ' operative bank" amendment of certain 11 the enactments specified in the schedule are hereby amended to the extent and in the manner mentioned in the third column thereof the schedule| | | (see | section | 11) ||----------------|-------------|-------------|--------------|-------------|| 22 | slno | short | title | 'amendment || 1 | the | state | financial | corporation || act, | 1951 | (63 | of | 1951) || 10 | of | 1949, | | || shall | be | omitted | | || 2 | the | state | bank | of || 35 | | | | || (23 | | | | || 0f1955) | | | | || banking | | | | || regulation | | | | || act, | | | | || 1949" | | | | || shall | | | | || be | | | | || omitted | | | | || 10 of | 1989, | | | || 10 | of | 1949, | | || 3 | the | state | bank | of || (subsidiary | banks) | act, | 1959(38 | banking || of | 1959) | | | || 4, | the | warehousing | corporations | in || 30 | act, | 1962 | (58 | of || 10 | of | 1949, | | || 10 | of | 1949, | | || 5 | the | regional | rural | banks || 1976 | (21 | of | 1976) | be || purposes | of | the | banking | regulation || shall | be | omitted | | || 10 | of | 1949, | | || 35 | 6 | the | industrial | finance || corporation | (transfer | of | - | banking || undertaking | and | repeal) | act, | || 1993 | (23 | 0f | 1993) | || 10 | of | 1949, | | || 7 | | | | || the | | | | || industrial | | | | || reconstruction | | | | || in | | | | || section | | | | || 11, | | | | || the | | | | || words | | | | || and figures | | | | || "and | | | | || the | | | | || yo | | | | || bank | | | | || (transfer | | | | || of | | | | || undertakings | | | | || banking | | | | || regulation | | | | || act, | | | | || 1949" | | | | || shall be | | | | || omitted | | | | || and | | | | || repeal) | | | | || act, | | | | || 1997 | (7 | | | || of | | | | || 1997) | | | | || 10 | of | 1949, | | || 8 | ~the | unit | trust | of || of | undertaking | and | repeal) | act, || 2002 | (58 | 0f2002) | | | 'statement of objectsand reasons,the banking regulation act, 1949 has been in force for more than five decades it empowers the reserve bank of india (hereinafter referred to as the reserve bank) to regulate 'and supervise the banking sector the banks are now operating ina liberalised environment in this scenario, it has become necessary that the banks in india are able to raise capital in accordance with international best practices to ensure that the control of banks is in the hands of fit and proper persons, persons who propose to acquire 5% or more of the share capital ofa bank should be required to obtain prior approval from the reserve bank and the reserve bank should have the necessary power to impose such conditions as it deems necessary while granting such approval it is, therefore, proposed to remove the restriction 'on voting rights concurrently with the stipulation of the statutory requirement of prior approval for acquisition of shares above the specified limit the reserve bank should also be able to specify acquisition of a minimum percentage of shares in a banking company if it considers necessary 2 itis necessary to confer more operational flexibility on the reserve bank in the conduct of monetary policy for this purpose, the reserve bank should have the power to specify statutory liquidity ratio without any floor or ceiling as also to specify any security as approved security for this purpose 3 the present restrictions on lending to directors and the companies or firms in which the directors are interested is posing a difficulty to banks in appointing competent independent directors, it's, therefore, necessary to empower the reserve bank to grant exemption to banking companies in appropriate cases 4, taking advantage of the liberalised environment, banks are engaging in multifarious activities through the medium of associate enterprises the reserve bank as the regulator of banks should be aware of the financial impact of the business of such enterprises on the financial position of banking companies, the reserve bank should, therefore, be empowcred to call for information and returns from the associate enterprises of banking companies also and inspect the same, if necessary 5 the reserve bank has the power to remove any director or other officers ofa bank 'but that power is not sufficient if the entire board of directors of a bank is functioning in a 'manner detrimental to the interests of depositors or the bank itself to deal with such a situation it is necessary that the reserve bank has the power to supersede the board of directors of a bank and appoint an administrator to manage the bank till alternate arrangements are made, 6 for a sound and healthy banking system, it is necessary to ensure that only the co- 'operative societies that have been licensed by the reserve bank carry on the business of banking, to protect the interest of depositors, the primary co-operative societies should therefore be given a timeframe within which they have to either stop the business of banking or fulfil all the requirements specified by the reserve bank and obtain a licence to carry on the business of banking the reserve bank should have the power to order a special audit of co-operative banks in public interest for a more effective supervision of co-operative banks the proposed legislation aims to make the regulatory powers of the reserve bank more effective 7 the bill seeks to achieve the above objects new deut; p chidambaram the 6th may, 2008 memorandum regarding delegated legislationclause 2 of the bill proposes to confer power upon the reserve bank of india to specify approved securities 2 clause 3 of the bill proposes to empower the reserve bank to issue guidelines to specify the class of, and the terms and conditions subject to which, the preference shares may be issued 3 clause 4 of the bill confers power upon the reserve bank to specify different criteria for acquisition of shares or voting rights in different percentages this clause further empowers the reserve bank to specify the minimum percentage of shares to be acquired in a banking company by an applicant 4, clause 6 of the bill empowers the reserve bank to specify such percentage of value of assets, which shall be maintained in india by every banking company 5 the matters in respect of which notification or guidélines issued or specified are all 'matters of procedure and administrative details and itis not practicable to provide for them in the bill itself the delegation of legislative power is, of anormal character annexure estracts from! th: banking regulation act, 1949) (100f 1949)interpretation 5 in this act, unless there is anything repugnant in the subject or context, - (2) "approved securities" means— (i) securities in which a trustee may invest money under clause (a), clause (5), clause (4), clause (c) or clause (d) of section 20 of the indian trusts act, 1882 2 of 1882 2 of 1482 (id such of the securities authorised by the central government under clause (/) of section 20 of the indian trusts act, 1882, as may be prescribed; 12, (1) no banking company shall carry on business in india, unless it satisfies the following conditions, namel (i that the capital of the company consists of ordinary shares only or of ordinary shares or equity shares and such preferential shares as may have been issued prior to the ist day of july, 1944: regulation of paid-up capital, subscribed capital and authorised pital and voting tights of shareholders provided that nothing contained in this sub-section shall apply to any banking company incorporated before the | sth day of january, 1937 (2) no person holding shares in a banking company shall, in respect of any shares held by him, exercise voting rights on poll in excess of ten per cent, ofthe total voting rights of all the shareholders of the banking company maintenance of percentage of assets 24 (1) after the expiry of two years from the commencement of this act, every banking 'company shall maintain in india in cash, gold or unencumbered approved securities, valued at a price not exceeding the current market price, an amount which shall not at the close of business on any day be less than 20 per cent of the total of its demand and time liabilities in india, explanation—for the purposes of this section, "unencumbered approved securities" 'of a banking company shall include its approved securities lodged with another institution for an advance ot any other credit arrangement to the extent to which such securities have not been drawn against or availed of 2 of 1934 (2) in computing the amount for the purposes of sub-section (/), the deposit required 'under sub-section (2) of section 11 to be made with the reserve bank by a banking company incorporated outside india and any balances maintained in india by a banking company in current account with the reserve bank or the state bank of india or with any other bank which may be notified in this behalf by the central government, including in the case of a scheduled bank the balance required under section 42 of the reserve bank of india act, 1934, to be so maintained, shall be deemed to be cash maintained in india, (24) (a) notwithstanding anything contained in sub-section (1) or in sub-section (2), after the expiry of two years from the commencement of the banking companies (amendment) act, 196 36 of 1962 2 of 1934,(0) a scheduled bank, in addition to the average daily balance which itis, or may be, required to maintain under section 42 of the reserve bank of india act, 1934, and (i every other banking company, in addition to the cash reserve which it is 'required to maintain under section 18, shall maintain in indi (a) in cash, or (b) in gold valued at a price not exceeding the current market price or in lunencumbered approved securities valued at a price determined in accordance with such one or more of, or combination of, the following methods of valuation, namely, valuation with reference to cost price, market price, book value or face value, as may be specified' by the reserve bank from time to time, an amount which shall not, at the close of business on any day, be less than twenty-five per cent, or such other percentage not exceeding forty per cent as the reserve bank may, from time to time, by notification in the official gazette, specify, of the total of its demand and time liabilities in india, as on the last friday of the second preceding fortnight (4) in computing the amount for the purpose of clause (a),— (h the deposit required under sub-section (2) of section 11 to be made with the reserve bank by a banking company incorporated outside india; (ii) any cash or balances maintained in india by a banking company other than a scheduled bank with itself or with the reserve bank or by way of net balance in current account in excess of the aggregate of the cash or balance or net balance required to be maintained under section 18; 2ofl9s4 (iii) any balances maintained by a scheduled bank with the reserve bank in excess of the balance required to be maintained by it under section 42 of the reserve bank of india act, 1934; (iv) the net balance in current accounts maintained in india by a scheduled bank; (v) any balances maintained by a regional rural bank in call of fixed deposit with its sponsor bank, shall be deemed to be cash maintained in india, explanation—for the purpose of clause (a) of this sub-section, the market price of an approved security shall be the price as on the date of the issue of the notification of as on any earlier or later date as may be notified from time to time by the reserve bank in respect of any class or classes of securities (28) 'the reserve bank may, by notification in the official gazette, vary the percentage referred to in sub-section (24) in respect of a regional rural bank | 23 of | 198 ||---------------|---------|| application | || on of | certain || provisions | to || the | state || bank | of || and | other || notified | || hanks | || 51 (1) | || without | || prejudice | || to | || the | || provisions | || of | || the | || state | || bank | || of | || india | || act, | || 1955, | || or | || any | || other | || enactment, | || the | || provisions | || of | || sections | || 10, | || 13 | || to | || 15, 17, | || 19 | || to | || 21a, | || 23 | || to | || 28, | || 29 | || [excluding | || sub-section | || (3)], | || sub-sections | || (8), | || (/c) | || and | || (2) | || of | || sections | || 30, | || 31, | || 34, | || 35, | || 35a, | || 36 | || [excluding | || clause | || (d) | || of | || sub-section | || (/)], | || 45y | || to | || 4szf, | || 46 | || to | || 48, | || 50, 52 | || and | || $3 | || shall | || also | || apply, | || so | || far | || as | || may | || be, | || to | || and | || in | || relation | || to | || the | || state | || bank | || of | || india | || or | || any | || corresponding | || new | || bank | || or | || a | || regional | || rural | || bank | || or | || any | || subsidiary | || bank | || as | || they | || apply | || to | || and | || in | || relation | || to | || banking | || compani | |provided that— (a) nothing contained in clause (c) of sub-section (/) of section 10 shall apply to the chariman of the state bank of india or to a managing director of any subsidiary bank in so far as the said clause precludes him from being a director of, or holding an office in, any institution approved by the reserve bank; (8) nothing contained in sub-clause (ii) of clause (b) of sub-section (/) of section 20 shall apply to any bank referred to in sub-section (1), insofar as the said sub-clause (iii) of clause (b) precludes that bank from entering into any commitment for granting any loan or advance to or on behalf of a company (not being a government company) in which not less than forty per cent of the paid-up capital is held (whether singly or taken together) by the central goyernment or the reserve bank or a corporation owned by that bank; and (6) nothing contained in section 46 or in section 47a shall apply to,— (ian officer of the central government or the reserve bank, nominated of appointed as director of the state bank of india or any corresponding new bank or a regional rural bank or any subsidiary bank or a banking company; or (i) an officer of the state bank of india or a corresponding new bank or a regional rural bank or @ subsidiary bank nominated or appointed as director of any of the said banks (not being the bank of which he is an officer) or of a banking company", part v application of the act to co-operative banks'ast 1 apply 10 56, the provisions of this act, as in force for the time being, shall apply to, or in co-operative relation to, co-operative societies as they apply to, or in relation to, banking companies hart subject to the following modifications, namely: twodifcaions + ' ' (0) in seetion 22,— (i) for sub-sections (/) and (2), the following sub-sections shall be substituted, namely:— "(1) save as hereinafter provided, no co-operative society shall carry on banking business in india unless—~ (a) itis a primary credit society, of (6) it is @ co-operative bank and holds a licence issued in that behalf by the reserve bank, subject to such conditions, if any, as the reserve bank may deem fit to impose: 23 of 1965, provided that nothing in this sub-section shall apply to a cooperative society, not being a primary credit society or a co-operative bank carrying on banking business at the commencement of the banking laws (application to co-operative societies) act, 1965, for a period of one year from such commencement 23 of 1965(2) every co-operative society carrying on business as a co-operative bank at the commencement of the banking laws (application to co-operative societies) act, 1965, shall before the expiry of three months from such commencement, every co-operative bank which comes into existence as a result of the division of any other co-operative society carrying on business as a co-operative bank, or the amalgamation of two or more co-operative societies carrying on banking business shall, before the expiry of three months from its so coming into existence, every primary credit society which becomes a primary co-operative bank after such commencement shall before the expiry of three months from the date on which it so becomes a primary co-operative bank and every cooperative society other than a primary credit society-shall before commencing banking business in india, apply in writing to the reserve bank for a licence under this section provided that nothing in clause (}) of sub-section (1) shall be deemed to prohi (i) a co-operative society carrying on business as a co-operative bank at the 'commencement of the banking laws (application to co-operative societies) act, 1965; or 23 of 1965 (ii) a co-operative bank which has come into existence as a result of the division of any other co-operative society carrying on business as a co-operative bank, or the amalgamation of two or more co-operative societies carrying on banking business at the commencement of the banking laws (application to co-operative societies) act, 1965 or at any time thereafter; or 23 of 1965 (iti) a primary credit society which becomes a primary co-operative bank after such commencement, from carrying on banking business until it is granted a licence in pursuance of this section or is, by a notice in writing, notified by the reserve bank that the licence cannot be granted to it extract from the stave financial corporation acr, 1951 (6301951) additional tye ' capital of| the financiat corporation and is borrowing powers (3) the financial corporation may, for the purposes of carrying out its functions under this act, borrow money from the state government consultation with the development bank and the reserve bank on such terms and conditions as may be agreed upon extract from the state bank of india act , 1955 (23001955)shares to be 12 notwithstanding anything contained in the acts hereinafter mentioned in this aoprmc! section, the shares of the state bank shall be deemed to be included among the securi securities enumerated in section 20 of the indian trusts act, 1882, and also to be approved securities 2 of 1882 for the purposes of the insurance act, 1938, and the banking regulation act, 1949, + eres extract from the stare bask of inia (suasidiary bans) act, 1959 g80 1959)shares to be 20 notwithstanding anything contained in the acts hereinafter mentioned in this approved section, the shares of a subsidiary bank shall be deemed to be included among the securities sateen 'chumerated in section 20 of the indian trusts act, 1882, and also to be approved securities 2 of 1882 for the purposes of the insurance act, 1938, and the banking regulation act, 1949 fal extract from the warehousing corporarion act, 1962 (58 of 1962)'shares 10 be 5 (j) the shares of the central warehousing corporation shall be guaranteed by the ergaes| central government as to the repayment of the principal and the payment of the annual govcinment dividend at such minimum rate as may be fixed by the central government, by notification and tobe published in the official gazette, atthe time of the issue of the shares trusted of approved (2) notwithstanding anything contained in the acts mentioned in this sub-section, secuniies, the shares ofthe central warehousing corporation shall be deemed to be included among the securities enumerated in section 20 of the indian trusts act, 1882, and also to be 2 of 1882, approved securities for the purpose of the insurance act, 1938 and the banking companies 4 of 1938 act, 1949, 10 of 1989, extract from the regional rural banks act, 1976 (21 of 1976)| shares | to | be ||------------|-----------------|----------|| approved | | || securities | | || 2 | of | 1882 || of | 149, | || 7, | notwithstanding | anything || section, | the | shares || securities | enumerated | in || to | be | approved | extract from the industrial finance corporation (transfer of undertaking and repeal) act, 1993 (23 or 1993)10, notwithstanding anything contained in any other law for the time being in force, the shares, bonds and debentures of the company shall be deemed to approved securities for the purposes of the indian trusts act, 1882, the insurance act, 1938 and the banking regulation act, 1949, 2 of 1882 4 of 1938 10 of 1949 shares, bonds and debentures to be deemed 10 be approved securities extract from the industrial reconstruction bank (transfer of undertakings and repeat) act, 1997 (7 of 1997) ' ' : '11, notwithstanding anything contained in any other law for the time being in force, 2 of 1882 the shares, bonds and debentures of the company shall be deemed to be approved securities for the purposes of the indian trusts act, 1882, the insurance act, 1938 and the banking regulation act, 1949 4 of 1938+ 10 of 1949, shates, bonds and bentutes to be deemed to be approved securities extract from ie unt tet st of india (trans"er of undertaking and remat) act, 2002 (58 of 2002)| | | | | | | | | | | | 2 | of | 1882, ||----------|-----------------|----------|------------|----------|-------|--------|-----------|-------------|-------|-------|--------|-----------|----------|| 17, | notwithstanding | anything | contained | in | any | other | law | for | the | time | being | in | force, || the | shares, | bonds, | debentures | and | units | of the | specified | undertaking | shall | be | deemed | to | be || approved | securities | for | the | purposes | of | the | indian | trusts | act, | 1882, | the | insurance | act, || and | the | banking | regulation | act, | 1949 | | | | | | | | |4 of 1938+ 10 of 1989, shares, bonds, debentures and unit to be deemed 10 be approved securities | Parliament_bills | 72aed0ed-bbf1-5ee7-a579-49d277f44451 |
l0k snbha ccjrrige ndum to the eyes (iutii0rily fgr use fgr ti1erapeutic purposes) bill, 19r,c (i2~lal~trody'~ed in lok~!2b!) page 3, line 24,-!2! "clause (1) of" read "clause (i) or" new delhi; november 2(; __ j98c kartika 29, ly02 "'(sakal bill no 191 of 1980 the eyes (authorlity for use for therapeutic purposes) bill, 1980 a billto provide for the use of eyes of deceased persons for therapeutic purposes and for matters connected therewith bs it enacted by parliament in the thirty-first year of the republic of india as follows: -: 1 (1) this act may be called the eyes (authority for use for short therapeutic purposes) act, 1980; title, (2) it extends to the whole of the union territory of delhi 5 extent and commencement (3) it shall come into force on such date as the administrator may, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,-definitions 10 (a) "administrator" means the administrator of the union territory of delhi appointed by the president under article 239 of the constitution; (ib) "near relative", in relation to a deceased person, means any person related to him as spouf,e, parent, son, daughter, brother or sister and includes any other person who is related to him-15 (i) by lineal con!langtl'inity within three degrees or by collateral consangwnity w~th in six degrees; or (ii) by marriae 'val i any of the relatives afore~d, explanation-the expressions "lineal consanguinity" and "collateral consanguinity" shall have the meanings respectively assigned to them in the indian succession act, 1925, and degrees 89 of 1925 of relationship shall be computed in the manner laid down in that act; 5 (c) "prescribed" means prescribed by rules made under this act; (d) "registered medical practitioner (ophthalmic)" means a medical practitioner who possesses any recognised medical qualification as defined in clause (h) of section 2 of the indian medical 10 council act, 1956, and possesses a post-graduate qualification in 102 ot 1956, ophthalmology or a certificate showing that he had received training in enucleation procedure in the ophthalmic department of a hospital or teaching institution for therapeutic purposes approved by the administrator in this behalf and who is enrolled on a state 15 medical register as defined in clause (k) of the said section 3 (1) if any person had, either in writing or orally, in the presence of two or more witnesses (at le&3t one of whom is a near relative of such authority fur removal of eyes of deceased persons per~on) unequivocally authorised, at any time before his death, the use of his eyes, after his death for therapeutic purposes (such person being 20 hereafter in thi's sub-section referred to as the dorjor) the nerson -lawfully in possession of the dead body of' the donor shall unless he has ~ny reason to believe that the donor had subsequently revoked the :mthorisation aforesaid, ~ant to a tegtstered medical practitioner (ophthalmic) all reasonable facilities for the removal, for therapeutic pur- 25 poses, of the eyes from the dead body of the donor, (2) where no such authotisation as is refem'ed to in sub-section (1) was made by any person before his death but '1'10 objection was' 'also expressed by such person to his eyes being u"ed after his death for thera-deutic purposes, the person lawfullv in possession of the body of the 30' deceased person may, unless be has reason to believe that· any near relative of the deceased person has objection, to' the d~eased personls eyes being used for therapeutic purposes, authorise the removal of the eyes of the deceased person 'for 'their lf8e' for th~rlpemrc ~rpioses (3) the authority given under sttb-sa!tlon' (1) 'or, as the case mav 35 be under sub-section (2), 'shall be '8utflcient warta'nt' 'for ,the remov'al, for therapeutic purposes, of the eyes from the body of the deceased person; but no such removal shall be made by liny 'person other 'than a regi'3tered medical practitioner (ophthalmic) who had sl;ltisfted himself, before such removal, by a personal examination of the body from which 40 eyes are to be removed, that life is extinct in such body removal of eyes not to be authorised in certain cases 4 (1) no facilities shall be granted under sub-section (1) of section 3 and no authority shall be given uncler sub-section (2) of that section for the removal of eyes from the body of a deceased person if the person required to grant such facilities; ori~erea to give weh authority,'45 has reason to believe that an lncluest·~'y be requtred to be'hfjld in relation to such body in pur!lu~,ce qf tne, ,provisions of any l-w for the urnes being in fbi'ce :(?)rn~ ~~y,~r t4er~yal~of eyes from tjf!e~y o(adecsed ~!jl¥lij,be ~~)by,a rw~q~t~,~ s\lch bqdyhas ~en entrusted ~,ly for the pui'p9ije of inten:~:u~l;i,t, cr~q,r or oi4er disposal ~ (1) in the ~~ of a deafi,bgdy lying in a hqs~tal or prison, and d,qt 5 claimed by any of the near relatives of the deceased person, the authority for the removal j of the eyes from the dead body wftich so remains unclaimed may be given, 8ubjectto the provisiaas of sub-section (2), in the prescribed form, by the person in charge, for the time beid& of the authority far removalote-,,, in c~, ofwic~ -ed ~~~ in hospital or priboj1 man!:l:g~ent or control of the hospital or prison or by an employee of 10 sueh hos}')ital or prison, authorised in this· behalf by the person in charge of the management or control thereof (2) the authority referred to in sub-section (1) shall not be given except aft the expiry of- (i) half an hour from the time of the 'death of the concerned 15 person, in cases where no faciltty for cold storage of the dead body is available in the hospital or prison; or (ii) two hours from t~~ time of th~ de,a\h of the c,oncerned person, in cases where facility for cold orage of the 'dead body is available in the hospital or priscn 20 (3) no authority ~all be, given under ,ub-section (1) if the person empowered to give such authority has r~on to believe that any near relative of the deceased is likely to claim the dead body even though such near relative bas not come forward· to claim the body of the deceased within the time specified in cla (i) of; as the case may be, 25 clause (ii) of sub-section (2) expzanation-forthe purposes of thia section, "hospital" includes a nursing home, medical or teaching institation for therapeutic purposes or oth~r like institutipn 6 where the death of a person is caused by ac~ident or any other 30 unnatural cause, and·bis dtad body has been sent foil· postmortem examination for~ediqo-~iaij p\ljip~s, tb~· p~rspjl coj1l~~en~ under this act to give authority for the removal of the eyes from; ~h: de~d b¢y may, if h~ has, re~~ojl to qeli~ve, tha~ tl1eeyei! w~ll ~~tq~ x:~quirecl for any medico-legal p'urpose, authorise the removal for therapeutic purpo~~, ~f the 35 eyes of such deceased person provided that he is satisfied that the deceasedpellson had: not expressed, before jais'death, any objection to his eyesbeidg usqd for tbei'apeutio: purposes after his death or, where he had gt:adtiied an authority for the use of his qes for therapeutic purposes authority for removalof eyes from bodies sent for postmortem examination tor medicolegal purposes afta!~hisdeah, such autholtitly had dot been revoked by him before his 40 death 7~ a,tter th¢ re!~w of 1!im! ~ fllo~ ~e body: of t~ d~eas¢ ~rson, tbe ~~e4 ~al:llr"ctw~ (omth41~) ~ take s~h steps _,t4e ptev~ijq~ ot ~e, yes so x:~ved 8,i may be pre~ri~ preservation 0'1 eyes removed trom dead bodies savings 8 (1) nothing in the foregoing p~ovisi~ns of this act s?all be construed as rendering unlawful any deahng with the body or with any part 45 of the body of a deceased person if such dealing would have been lawful if this act had not been passed (2) neither the grant of any facility ~r authority for the removal of eyes from the body of a deceased person in accordance with the provisions of this act nor the removal of eyes from the body of a deceased person in pursuance of such authority shall be deemed to be an offence punishable under section 297 of the lndian penal code 5 0&1 of 1810 9 no suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this act protec tion o't action taken in good faith 10 (1) on the commencement of this act, the bombay col1leal grafting act, 1957, as in force in the union territory of deihl, shall cease to 10 be in force in the union territory of delhi: cessation of operation of bombay act 23 of 1957 provided that such cesser shall not affect the previous operation of the enactment aforesaid and anything done qr any action taken (including any authority granted, any direction or notice issued) under any provision of such enactment shall, in so far as it is not inconsistent with 15 the provisions of this act, continue to be in force unless and until superseded by anything done or any action taken under this act (2) any reference, in the enactment so ceasing to be in force, to any officer, authority or person entrusted with any functions thereunder, shall be construed, where necessary, as a reference to the corresponding ~o oft!cer, authority or person functioning under this act ll (1) the administrator may, by notification in the oftldal goette, 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 foregoing power, such rules may 'provide for all or any of the followinl' 25 matters, namely:-(a) the form in which removal of eyes from unclaimed bodjes may be authorised, as required by section 5; (,b) the preaervation of removed eyes, 88 required by aeetion 7; (c)the publicity which may be given to the provisions 30 objects of this act; (d) any other matter which is required to be or may be pres-l cribed (3) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in aestion, 35 for a total period of thirty days which may be comprised in one &elision or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive se88iods 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 40 thereafter have effect only in such modified fonn or be of no erect, u the case may be; so, however, that any such modifioation or lliinulment shall be without prejudice to the validity of anything previously done under that rule modern science has rendered possible the use of eyes of decfased periods for restoring sight to blind persons it:is also possible to conserve the eyes of deceased persons for use at a future date with· a view to taking full advantage of these developments and building up an eye-bank in the union territory 01 delhi, the bombay corneal grafting aet, 1957, was extended to the union territory of delhi in 19m by a notiftcation under the union territories (laws) act, 1950 ,~~ experience of the workina 0'£ the act has revealed that it is deficient in certain respects in the first place, under the act, eyes ~ \)e removed by any registered medical practitioner practising any system of medicij1e and reco~sed as a registered medical practitioner under any law for i the time being in wce in india the removal and preservation of eyes requires special skill and special facili~ies if a person who is not suftl- ciently qualified removes the eyes, there is a danger of the eyes becomin& useless for any purpose it is, therefore, considered necessary to ensure that only those who qualify as registered medical practitioners under the indian medical council act, 1956, and who have post-graduate qualifications in ophthalmology or who possess adequate experience and training in enucleation procedure are permitted to remove eyes from the bodies of deceased persons in the second place, the bombay act does not provide for the making of rules and experience has shown that the objects of the act can be better achieved if it is supplemented, with regard to details, by detailed rules in the third place, under the bombay act, eyes can be removed from bodies lying in certain hospitals or medical or teaching institutions for therapeutic purposes without obtaining the permission of any person with a view to respecting the wishes of the relatives of the deceased persons concerned and giving them an opportunity to claim the bodies, it is considered appropriate to prohibit the removal of the eyes from the bodies till such time as they do not get damaged and also to wait even beyond that period in cases where there is some possibility qf the relatives claiming the bodies 3 it is intended to avail of the present opportunity to replace the bombay act as extended to the union territory of delhi by independent legislation which would give effect to the aforementioned proposals 4 the bill seeks to give effect to the above objects nmw delhi; b shankaranand the 12th november, 1980 c, 1101 _ tbebtll ·empowen· the :adilli to, ",·it: is~_w!to:make suitawlikrwea fol'igil~ ito; ut1ovqllltv ot,ulegiuon iso as-to attjact ,domltigne,of-ejms~ -hilletwiulairnk~ --w4th4h~ilities:far ·storap·,of ey_ tbdup ithel:'~ 'corn_ grafting act;,,;1967, v/bi¢h has been in··forcer:in, the·(ullijinllte~itr£t delhi does not provide for the making of rule$, the aforementionedjiwt-~ been, --to some extent, regulated 'by adrttilli$'ti'i\reifi8~eu~ : aa1!inehttfes 'nti\te' already been created 'in the :uhidh ~itfttity:lfor the' s~·' of "'eyes: the expenditure in te!sp~ct of' the 4t6r~~htk;ri~:~ ~ts"1s rtngmet from out of the tlol1n$l dutlgetaty bfajlt$ fdr-~~dt;;· c"ah of llhnt!1le§ renee; no adtlitibhal exp~htuture ·of·alrecurti~&6r n6tlq~ 'nature over and above the said -buds~taiy g~anfs wru-~de weti~~ 'on aecount 'of the provisions mape in ,the bill memorandum regarding delegated legislationclause 11 of the bill empowers the administrator to make rules for carrying out the provisions of the bill the matters in respect of which rules may be made relate to the form in which removal of eyes of unclaimed bodies may be authorised, preservation of removed eyes, the manner in which publicity may be given to the provisions of the legis-lation and any other matter which is required to be or may be prescribed '2 the matters in respect of which rules may be made are of adminiistrative detail and procedure, and as such, the delegation of legislative power is of normal character a billto provide fq1' the use of eyes of deceased persons for therapeutic pur· poses and for matters connected therewith (shri b shankar4naftci, minuter of health am family wejfa1'e) | Parliament_bills | 09c0d370-0b17-5ef0-bdfb-d4610d69a511 |
financial memorandumclause 3 of the bill provides for formulation of an agricultural insurance scheme clause 5 provides that the premium in respect of insurance shall also be borne by the appropriate government in such proportion as may be prescribed the bill, therefore, if enacted, is likely to involve a recurring expenditure of about rupees one hundred crore from the consolidated fund of india per annum no non-recurring expenditure is 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 as the matters of which rules are to be made will relate to detail only, the delegation of legislative power is of a normal character | Parliament_bills | ecb34e2c-a0e6-53fd-abb2-91262c7f2cdf |
bill no xlvi of 2012 the rural labour (welfare) bill, 2012 a billto provide for the welfare measures to be undertaken by the state for the rural labouremployed in the agriculture sector and allied activities thereto and other rural occupations by establishing a welfare fund for such labour and for taking other measures to improve the living conditions, working conditions 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 labour (welfare) act, 2012 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint5definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in other cases, the central government;(b) "employer" includes cultivator, orchard owner, poultry farm owner, livestock rearer, agency society, food processing unit, crusher, oil or pulses mill or any such establishment located in any rural area which employs rural based labour;(c) "fund" means the rural labour welfare fund established under section 4;(d) "prescribed" means prescribed by rules made under this act;5(e) "rural labour" means any person residing in a village and engaged in any rural vocation such as agriculture, horticulture, sericulture, poultry, rearing of livestock including piggery, food processing, handicrafts, weaving or any such other occuppation as a wage earner whether in cash or kind, for his livelihood and includes any person engaged through a contractor or engaged as a self employed person103 (1) the central government shall, as soon as may be, formulate a national policy for the betterment and welfare of the rural labournational policy for rural labour15(2) the national policy so formulated under sub-section (1) shall be uniformly implemented throughout the country and the policy may incorporate provisions for uninterrupted work round the year, minimum remunerative wages, healthcare including maternity facilities, old age pension, compensation in case of accident and such other facilities as may be deemed necessary20establishment of rural labour welfare fund4 (1) the central government shall, with effect from such date as may be specified by notification in the official gazette in this behalf, establish for the purposes of this act, a fund to be called the rural labour welfare fund which shall be administered by the central government in such manner as may be prescribed(2) the central government shall after due appropriation made by parliament by law in this behalf, credit to the fund in each financial year such sums of money as it considers necessary for carrying out the purposes of this act(3) the fund shall also consist of the moneys received from,—25(a) the government of the states as contributions, towards the fund;(b) the body corporates as donations;(c) financial institutions and other institutions, domestic and foreign ones as assistance;(d) donations from the employers and general public and bodies30(4) the fund shall be utilized to promote the welfare measures for the rural based labour which are necessary or expedient to do and in particular to defray the costs towards,—(i) improving educational facilities for the children of rural based labour;(ii) improving water supply for drinking and other purposes;35(iii) improving the standard of living and nutrition for the families of ruralbased labour;(iv) amelioration of social condition of rural based labour; (v) providing housing and recreational facilities; (vi) providing medical facilities to the rural based labour and their families;40(vii) providing financial assistance in case of infirmity or disability due toaccident etc;(viii) old age pension to the rural based labour;(ix) providing and improving the welfare measures included in the nationalpolicy and such other welfare measures as may be prescribed;5 the central government may require a state government or union territory administration or a local authority or any employer to furnish for the purposes of this act, such information in such form and within such period as may be prescribedstate government etc to furnish requisite information56 notwithstanding anything contained in any other law for the time being in force, it shall be the duty of the appropriate government to ensure availability of work round the year to the rural labour through the employers or in such manner as that government may deem expedient or necessaryappropriate government to ensure availability of work round the year to the rural labour annual report107 the central government shall, after the inputs provided by the governments of the states and union territory administrations, submit an annual report, in such form and in such manner, as may be prescribed, of the administration of the fund and other welfare activities carried out under this act, to the president of india who shall cause the report to be laid before both the houses of parliament along with action taken thereon as soon as it is received8 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 act15act to supplement other laws power to make rules9 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsit is rightly said that india lives in villages because nearly eighty per cent of its population lives in the villages and mostly depends on agriculture and agro based occupations there are farms, orchards, poultry farms, livestock raring farms where rural based labour are employed they work as weavers, small scale entrepreneurs, handicraft artisans, potters, cobblers, blacksmiths etc there are millions of such agricultural, home based and other workers who are unorganized and remain exploited and poor throughout their lives and live in distress from generations together their wages and income are meagre and they do not get employment round the year as a result, they are poverty striken and remain neglected even by the statein a welfare state, like ours, it is the duty of the state to introduce welfare measures for the have-nots like the rural based labour who remain unorganized and exploited hence, it is necessary to formulate a national welfare policy for the rural based labour and constitute a welfare fund for them to ameliorate their living conditions in pursuance of the said policy, the central and state governments will implement the welfare measures contained in that policy and defray the costs to the welfare fundhence this billdr em sudarsana natchiappan financial memorandumclause 4 of the bill provides for the establishment of rural labour welfare fund for which the central government shall provide funds in each financial year the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees ten thousand crore may involve as recurring expenditure per annumnon recurring expenditure to the tune of rupees one thousand crore may also involve from the consolidated fund of india 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 provide for the welfare measures to be undertaken by the state for the rural labour employedin the agriculture sector and allied activities thereto and other rural occupations by establishing a welfare fund for such labour and for taking other measures to improve the living conditions, working conditions and for matters connected therewith and incidental thereto————(dr em sudarsana natchiappan, mp) | Parliament_bills | a7da6995-c916-5a3a-a63b-4da565767a2f |
bill no 158 of 2014 the compulsory military training bill, 2014 bydr bhola singh, mp a billto make military training compulsory for all able-bodied citizens 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 compulsory military training act, 2014(2) it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in the case of a union territory, the central government; and(b) "person" means a citizen of india above the age of fourteen years but less than fifty years3 (1) the central government shall provide military training to all able-bodied persons for a period of not less than one yearcompulsory military training5(2) the central government shall establish such number of institutions and takesuch other necessary steps, as it may deem fit to give effect to the provisions ofsub-section (1)(3) every person who successfully completes training under sub-section (1) shall be awarded a certificate to that effect by the central government104 the appropriate government shall give preference to persons who have successfullycompleted their military training in services under defence, para-military forces and such other establishments and organisations, as it may deem fit, for proper utilization of talent:employment to those whohave undergonemilitary training15provided that all such persons, who, after successful completion of their militarytraining remain unemployed, shall be given unemployment allowances at such rate, as may be determined from time to time, by the appropriate government till they are gainfully employedpowers to make rules5 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act20 25(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsalmost all developing countries, even those smaller in size, population and resources than india, are providing compulsory military training to their citizens providing compulsory military training to able-bodied citizens does not in any way run counter to the ideal of international peace and harmony, which has been the hall-mark of india's foreign policy since independence military training does not necessarily encourage the pugnacity of individual or the belligerence of the nation-states on the contrary it inculcates qualities of discipline and sacrifice and fosters in each individual the spirit of brotherhood and amity a well integrated and a coordinated programme of military training would be immensely beneficial to channelise the vast energies of our youth and would lead to their all-round development and enhancement of the welfare of the nation people can defend and safeguard their houses from robbery and dacoity which are increasing day by day many innocent people are murdered in broad day light with extremist activities on the rise in the country and the government being not able to provide adequate protection to general public, self-defence becomes a must for every individualthe bill, therefore, seeks to provide for compulsory military training to all able-bodied citizens financial memorandumclause 3 of the bill provides that the central government shall provide compulsory military training to all able-bodied persons for a period of not less than one year and for the purpose shall establish such number of institutions and shall take such other necessary steps, as it may deem fit clause 4 provides that persons who have undergone military training and remain unemployed shall be given unemployment allowance the central government will have to incur expenditure in respect of the union territories for carrying out the provisions of the bill the central government may also have to assist the state governments for carrying out the provisions of this bill the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees seven thousand crore per annuma non-recurring expenditure of about rupees one thousand crore is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of detail only and as such the delegation of legislative power is of a normal character—————— a billto make military training compulsory for all able-bodied citizens and for matters connected therewith————(dr bhola singh, mp)gmgipmrnd—2712ls(s-4)—03-12-2014 | Parliament_bills | c41e9a4d-9c47-5314-b30d-13a3e58c02b5 |
financial memorandumclause 4 of the bill provides for compulsory desiltation of rivers and dams clause 5 provides that the central government shall provide machinery and knowhow for desiltation clause 8 provides that central government shall undertake desiltation of major ports if enacted, the bill will involve expenditure from the consolidated fund of india itis expected that a sum of rupees one hundred crores is likely to be incurred as recurring expenditure per annum from the consolidated fund of india a non recurring expenditure of rupees fifty lakhs per annum is also likely to be incurred 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 | Parliament_bills | 0b7e3799-36c1-5b7f-8c3f-62ccc2347285 |
bill no 58 of 2010 the prevention of torture bill, 2010 a billto provide punishment for torture inflicted by public servants or any person inflicting torture with the consent or acquiescence of any public servant, and for matters connected therewith or incidental theretowhereas india is a signatory to the united nations convention against torture and other cruel, inhuman or degrading treatment or punishment;and whereas it is considered necessary to ratify the said convention and to provide for more effective implementationbe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the prevention of torture act, 2010(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint52 in this act, unless the context otherwise requires,—definitions45 of 1860(a) words and expressions used in this act shall have the same meanings respectively assigned to them in the indian penal code; and10(b) any reference in this act to any enactment or any provision thereof shall in any area in which such enactment or provision is not in force be construed as a reference to the corresponding law or the relevant provision of the corresponding law, if any, in force in that areatorture3 whoever, being a public servant or being abetted by a public servant or with theconsent or acquiescence of a public servant, intentionally does any act for the purposes to obtain from him or a third person such information or a confession which causes,—(i) grievous hurt to any person; or (ii) danger to life, limb or health (whether mental or physical) of any person,5is said to inflict torture:provided that nothing contained in this section shall apply to any pain, hurt or danger as aforementioned caused by any act, which is inflicted in accordance with any procedure established by law or justified by law1045 of 1860explanation—for the purposes of this section, 'public servant' shall, without prejudice to section 21 of the indian penal code, also include any person acting in his official capacity under the central government or the state governmentpunishment for torture4 where the public servant referred to in section 3 or any person abetted by or withthe consent or acquiescence of such public servant, tortures any person—15(a) for the purpose of extorting from him or from any other person interested inhim, any confession or any information which may lead to the detection of an offence or misconduct; and(b) on the ground of his religion, race, place of birth, residence, language, casteor community or any other ground whatsoever,20shall be punishable with imprisonment of either description for a term which may extend to ten years and shall also be liable to fine2 of 1974cognizance of offences5 notwithstanding anything contained in the code of criminal procedure, 1973, nocourt shall take cognizance of an offence under this act unless the complaint is made within six months from the date on which the offence is alleged to have been committed256 no court shall take cognizance of an offence punishable under this act, alleged tohave been committed by a public servant during the course of his employment, except with the previous sanction,—previous sanction necessary for prosecution30(a) in the case of a person, who is employed in connection with the affairs of theunion and is not removable from his office save by or with the sanction of the central government, of that government;(b) in the case of a person, who is employed in connection with the affairs of astate and is not removable from his office save by or with the sanction of the state government, of that government;(c) in the case of any other person, of the authority competent to remove him from his office statement of objects and reasonsthe convention against torture and other cruel, inhuman and degrading treatment or punishment was adopted by the united nations general assembly on 9th december, 1975 [resolution 3452(xxx)] india signed the convention on 14th october, 1997 ratification of the convention requires enabling legislation to reflect the definition and punishment for "torture" although some provisions relating to the matter exist in the indian penal code yet they neither define "torture" as clearly as in article 1 of the said convention nor make it a criminal offence as called for by article 4 of the said convention in the circumstances, it is necessary for the ratification of the convention that domestic laws of our country are brought in conformity with the convention this would necessitate either amendment of the existing laws such as indian penal code or bringing in a new legislation2 the matter was examined at length in consultation with the law commission of india and the then learned attorney general of india after considerable deliberations on the issue, it was decided to bring in a stand alone legislation so that the aforesaid convention can be ratified the proposed legislation, inter alia, defines the expression "torture", provides for punishment to those involved in the incidents of torture and specifies the time limit for taking cognizance of the offence of torture3 the bill seeks to achieve the above objectsnew delhi;p chidambaramthe 19th april, 2010 lok sabha————— a billto provide punishment for torture inflicted by public servants or any person inflicting torture with the consent or acquiescence of any public servant, and for matters connected therewith or incidental thereto—————gmgipmrnd—1895ls(s5)—22-04-2010 | Parliament_bills | 305f32a5-a05f-5bfa-82af-8b2e4b88a68c |
the national' dairy development board bill, 1987 arrangement of clauses chapter i preliminary clauses1 short title and commencement 2 declaration of national dairy development board as an institution of national importance 3 definitions chapter u the national' dairy development board4 incorporation of national dairy development board 5 vesting of undertakings of indian dairy corporation in national dairy development board and dissolution of indian dairy corporation 6 effect of incorporation of national dairy development board 7 s$ving of legal proceedings chapter iii managemen'li of the national dairy development board8 management of national dairy development board and composition of its board of directors 9 terms of office and conditions of service, etc, of chairman and directors 10 meetings of board 11 manner of transacting busit1£!!ls of board 12 management committees 13 allowances, etc;, of members of rtlanagerrtent committees 14 delegation of pow!!rs to managemertt cammtttees, etc 15 delegation of powers to whole-time directors, etc chapter iv powers and functions of the national dairy development board16 powersand functions of national dairy development board chapter v provisions relating to directors and employees of the national dairy· development boaltd clausesr7 prov;sions· regarding members of board of society and directors of dissolved company 18 provisions relating to officers and other employees of society and of dissolved company 19 power of board to restructure and streamline organisational and functional set up of national dairy development board to secure utmost efficiency in functioning 20 schemes regarding compensation to redundant employees, etc 21 compensation for transfer of employees not payable 22 provident fund, gratuity, welfare and other fu,nds chapter vi finance, alccounts and audit:!3 borrowing powers of board 24 grants and loans by central government 2;') grants, donations, etc ~ national dairy development board fund ~:7 preparation of accounts and balance-sheet 28 audit 29 reports to be laid before parliament 30 power to call for repayment before agreed period 31 special provisions for enforcement of claims by national dairy development board chapter vii miscellaneous32 defects in appointments not to invalidate acts, etc of board , 33 protection of acts done in good faith 34 indemnity of directors 35 obligation as to fidelity and seerecy 36 recruitment of additional officers and other employees :17 liquidation only under orders of central government 3'j delegation of certain powers by central government ;j9 transitional provisions for auditors 40 trasitional provisions with regard to chairman and board 41 management or assistance to others to continue 42 mother dairy to be a subsidiary unit of national dairy development board 43 formation of companies with previous approval of central government clauses 44 exemption from tax on income 45 power to make schemes and regulations regarding service matters retrospectively 46 retrospectively operation of schemes and regulations regarding service matters retrospectively 47 act to have oveniding effect 48 power to make regulations 49 power to remove difticulties 50 scheinlos and regulations to be laid before parliament th'j schedule billto decmre the institution known as the natianal dairy development board in the state of gujarat to be an institution of national impo-r tance and to provide for its incorporation and for the vesting in that body corporate of the undertakings of the ind:an dairy corporation with a view to provide for the administration and the carrying on of the functions to be perfctrmed by the body corporate more effectively throughout the country and for matters connected therewith and incidental thereto 11 of 1860 whereas the national dairy development board, a society fonned and registered ,under the societies registration act, 1860 has been serving the country by the adoption of a cooperative strategy, being a strategy evolved at anand (gujarat) for the economic development of the rural masses and has been playin,g a vital role in improving the quality of life of the people through co-operative effort; and whereas the objects of the national dairy development board are such as to make it an institution of national importance and to constitute it as a body corporate; '; 1 alit" - and whereas the functions of the indian dairy corporation if company, formed and re~!1:ered under the ·'companies act 1956 and the functions of tbe national dairy development board are complementary to each, other and aimed at achieving common objectives; and whereas it is necessary that the freedom and flexibility of operation hitherto available to the national dairy development board should continue to be available to it so as to enable it to perform its functions more effectively and to playa wider and increasingly important role in serving the nation; and whereas it is considered necessary to vest the undertakings of the indian dairy corporation in the national dairy development board and to dissolve the said corporation with a view to provide for the administration and the carrying on of the functions to be performed by the body corporate more effectively be it enacted by parliament in the thirty-eighth year of the republic of india as follows:- chapter ipdlimnrary t (1) this act may be called the national dairy development board 5 act, 1987 i (2) it shall come into force on such date as the central government may, by notiflcation in the ofrcial gazette, appoint 8bort title and commencement 2 whereas the objects of the national dairy development board at anand in the state of gujarat are such as to make the institutien one 10 of national importance, it is hereby deelared that the national !)airy development board is an institution of national importance declara tion of natlodal dairy development board u an id&t1tutlon of ilaticlnal importance 3: in this act, unless the context otherwise'requires,-definitions (a) "appointed day" means the date of commencement of this act; l' (b) ·'board" means the board csf directors of the natimal dairy development board; (e), "chairman" means the chairman of the national dairy dew10pment board; (ei) "companies at!t" means the companies act, 1956: 20 1 gl19s6 (e) ··director" means a director of the national dairy de~ ment board; and includes the chairman; (f) "foodstuffs" means sueh of the foodstuffs as are included in the definition of essential eommodities as contained in clause (a) of section· 2 of the e6sential commodities act 1955; 251001 195', - (11) "indian dairy corporation" mees the indian dairy· eer,o ration, a company formed and registered un~r' the- cbmpanies ad, and having its registered offtee at ~ fa the, state of g\tjaratf (h) "milk products" means-(i) jterirised, standardised, recombined, toned, doubletoned, skimmed, flavoured or acidified milk; (ii) ice-cream; (iii) cream; (iv) cheese; (v) butter; (vi) milk powders; (vii) wea:ling foods with milk and infant milk foods; (viii) malted milk foods with or without cocoa powder; 10 (i:t') ghee; (x) anhydrous milk fat and butter oil; (xi) casein; (xii) any other product containing milk or ·an or any of 15 the milk products specified above which the central government may" by notification in the official gazette specify in this behalf; - (0 "national dairy development board" means the national dairy development board incorporated under section 4; 20 (j) "prescribed" means prescribed by regulations made under this act; (k) "restructuring and sl reamlining" in relation to the organisational and functional set lip of the national dairy development board includes-25 (i) opening or closing of units or offices; (ii) revision of the organisational and functional set-up; (iii) declaration of staff required: (iv) integration of posts, fixation of seniority and pay bcales: 30 (v) integration of required personnel in the revised set-up and issuance of appointment orders in that behalf; (vi) declaration or demarcation of duties and responsibilities attendant to posts; (vii) declaration of posts equivalent to one another; and 3s (mii) any other matter that may be necessary or incidental to meet the organisational or functional needs of the national dairy development board; 21 of 1860 (1) "society" means the national dairy development board, a society formed and registered under the societies registration act, 1860 and functioning as such immediately before the appointed day; (m) words and expressions used herein and not defined, but defined in the companies act, have the meanings respeetively assigned tq them in that act chapter ii the national dairy development board4 (1) the national dairy development board is hereby constituted a body corporate by the same name, and as such body corporate, it shall have perpetual succession and a common seal with power, subject to 5 the provisions of this act to acquire, hold and dispose of property and to contract, and shall, by that name, sue and be sued inc0rporation of national dair7 deve-10pjdedt board (2) the head office of the national dairy development board shall be at anand in the state of gujarat (3) the national dairy development board may establish units, 10 offices, branches or agencies at any such place in or outside india as it may consider necessary 5 (1) on and from the appointed day, subject to the other provisions of this act, all the undertakings of the indian dairy corporation shall stand transferred to and vest in the national dairy development board 15 (2) notwithstanding anything contained in the companies act, the indian dairy corporation shall, on and from the appointed day stand dissolved by virtue of the provisions this act vestins of undertakinia of indian dah)o corporati9n in national dairy development board add dieioludod of lddiau dairy c0rporation 6 on and from the appointed day,-(a) all properties and assets, movable and immovable of, or 20 belonging to, the society and the indian dairy corporation (hereinafter referred to as the dissolved company) shall vest in the national dairy development board; ejfectof idcorpora-national dairy develop ment board tb) all the rights, debts, liabilities, interests privileges and obligations of the society and the indian dairy corporation shall 2s stand transferred to and be the rights liabilities, interesis, privileges and obligations of, the national dairy ·development board; (c) without prejudice to the provisions of clause (b), all debts, i liabilities and obligations incurred all contracts entered into and all matters and things engaged to be done by, with or for, the society 30 or the dissolved company, immediately before the appointed day for or in connection with their purposes, shall be deemed to have been incurred, entered into, or engaged to be done by, with, or for, the national dairy development board; - i (d) all sums of money due to the society and the dissolved company, immediately before the appointed day, shall be deemed to be due to the~oard; (e) every subsidiary of the society and the dissolved company shall become the subsidiary of the national dairy development board; 10 (f) eve·ry organisation, which was being managed immediately before the appointed day by the society or, as the case may be, by the dissolved company, shall be managed by the national dairy development board for such period to such extent and in such manner as the circumstances may require; 15 (g) every organisation which was getting financial, managerial or technical assistance from the society or the dissolved company, immediately before the appointed day, may continue to be given financial, managerial or technical assistance, as the case may be, by the national dairy development board, for such period, to such extent and in such manner as the national dairy development board may deem fit; 20 (h) the amount representing the capital of the dissolved company shall form part of the funds of the national dairy development board; (i) any reference to the society or, as the case may be; to the dissolved company, in any law other than this act or in any qontract or other instrument shall be deemed to be reference to the national dairy development board 25 | saving | of ||-----------|-------|| legal | pro' || ceedings | |11 if, on the appointed day, there is pending any suit, arbitration, appeal or other legal proceedings of whatever nature by or against the society or the dissolved company, the same shall not abate, be discontinued or be in any way prejudicially affected by reason of the incor-30 po ration of the national dairy development board under section 4 or dissolution of the indian dairy corporation under section 5, as the case may be, but the suit,· arbitration, appe~l or other proceedings may be continued, prosecuted and enforced by or against the national dairy development board in the same manner and to the same extent as it 35 would or puly have been continued, prosecuted ~d enforced by or ag~inst the society or the dissolved company, as the case may be, it this act had not been passed chapter m managemeln' of the national dairy devi:ropm:ent board 0 8 (1) the general superintendence, direction, control and management of the affairs and business of the national dairy development board shall vest in a board of directors, which shall exercise all powers and do all acts and things which may be exercised or done by the national dairy development board 4~ (2) the board of directors of the national dairy development board shall consist of the following, namely:- (a) a chairman; mana,,, ment of national dait"y develop· ment board and com position of jis &ard ot director!, (b) one director from limongst the officials of the central qqvknmerltj (c) two directors from amongst the chairmen of the stat~ co-operative dairy federations; (d) whole-time directors, not more than three in number, from amongst the executives of the highest grade of the national dairy development board; 5 (e) one director, being an expert from outside the national dairy development board (3) the chairman and the director referred to in clause (b) of subsection (2) shall be nominated by the central government and the dlrectors referred to in clauses (c), (d) and (e) of sub-section (2) shall l( be nominated by the central government after consultation with the chairman: provided that the chairman and the directo,r referred to in clause (e) of sub-section (2) shall be persons professionally qualified in one or more lpecilities, namely, dairying, animal husbandry, rural economics, rural 15 development, business administration or banking (4) the board may associate with itself, in such manner, on such terms and for such purposes as it may deem fit, any person whose assistance or advice it may desire in complying with any of the provisions of this act, and a person so associated shall have the right to take part in 20 the discussions of the board relevant to the purposes for which he has been associated but shall not have the right to vote 'l'erms of qfftce and con_ ditions of 9 (1) the chairman shall be the chief executive of the national dairy development board and shall hold office for such period as the central gowrnment may determine and any person so nominated shall be 25 eligible for renomination ~ervice, e1c, of chairman a!iu di!'c,t~:s (2) notwithstanding anything contained in sub-section (1), the central government shall have the rght to terminate the services of the chairman, at any time before the expiry of the period determined under that sub-section, by giving him notice of not less than three months in 30 writing or three months salary and allowances in lieu thereof, and the chairman shall also have the right to relinquish his office, at any time before the expiry of the period specified under that sub-section, by giving to the central government notice of not less than three ·months in writing "\,135 (3) the chairman shall receive such salary and al1owan~ as may be determined by the central government (4) where an executive of the national dairy development board has been nominated uncler section '3 as a whole-time director thereof such nomination shall be without prejudice to his continuance as an 40 executive of the national dairy development board and he may be continueci as such executive on his ceasing to be a director (5) the directors nominated under clause (c) of sub-section (2) of section 8 shall hold office for such period not exceeding one year at a time as the central government may determine and the directors 45 nominated under clauses (d) and (e) of sub-section (2) (if section 8 shall hold office for such period as the central government may determine (6) every director, other than the chairman, shall hold office during the pleasure of the central government (7) the directors referred to in clauses (b), (c) and (e) of sub-section (2) of section 8 shall be paid such allowances as the central 5 government may determine 10 (1) the board shall meet at the head office of the national meetings dairy development board or any of its offices at such times as the of board chairman may direct, and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at 10 its meetings) as may be prescribed (2) the chairman or, if he is unable to attend a meeting of the boarcj any other director nominated by the chainnan in this behalf and, in the absence of such nomination or where there is no chairman, any director chosen by the directors present from among themselves, shall preside 15 at the meeting (3) all questions which come up before any meeting of the board shall be decided by a majority of votes of the directors present and votinlit and in the event of an equality of votes, the chairman or the person presiding shall have the right to exercise a second or castini 20 vote i i "-"-"" (4) save as otherwise p;rovided lin sub·section (3), every ddrector of the board shall have one vote 11 (1) subject to the provisions of this act, the board shar, in tha discharge of its functions, act on sound business principles with due 25 regard to public interest manner of transacting bushl88a of board '(2) save as otherwise prescribed, the chairman shall have the powers of general superintendence, direction, control and management of the affairs and business of the national dairy development board, and he may exercise all other powers and do all acts and things which may be exer-3j cised or done by the board (3) the chairman may, when he is unable to discharge his functicm'~: by reason of his being away or otherwise, authorise any whole-time director to discharge all or any of his functions for a temporary period (4) in the absence of the chairman and of an authorised wholetime 35 director as referred to in sub-section (3), for whatsoever reason, the powers of the chairman may be exercised by the senior-most of the wholetime directors referred to in clause (d) of sub-section (2) of section 8 12 (1) the board may from time t9 time con::;titute such number of 40 management committees as it may deem fit for the purpose of assisting the board in the efficient discharge of its functions manage· m£mt commltteell (2) a management committee shall com;ist of such number of persons (whether directors or otherwise) as its members ils the board may determine subject to the condition that in every such committee 45 either tlte chairman or a whole-time directl)r shall be a memher thereof, (3) every management committee shall function under the general control, direction and superintendence of the board, and for such duration and in such manner as the board may direct (4) the minutes of every meeting of the management committees shall, as soon as may be, be laid before the board 5 13 (1) the members of any management committee, other than the chairman and whole-time directors, may be paid such allowances, if any, as may be prescribed, for attending the meetings of the management committee or for attending to any other work of the national dairy development board '10 allowadces, etc • of mcmbera of manap meftt committees (2) all other matters pertaining to the conduct of proceedings of the management committees shall be such as may be prescribed 14 (1) the board may delegate to any management committee or to any member thereof or to any officer of the national dairy development board, subject t6 such conditions and limitations, if any, as may be sped- 15 fied by the board, such of its powers and functions under this act as it may aeem necessary for the efficient discharge of its functions dele,s tion of powers to management commit· ~ees etc (2) the board may, if it considers it necessary so to do in the public interest delegate any of its powers and functions, subject to such conditions and limitations, if any" as may be specified by it, to a co-operative 20 federation at the national or state level or to any organisation owned, managed, controlled or assisted by the national dairy development board 15 tlle bmrd may, from time to time, by order, delegate, subject to ruch general and special conditions as it may deem fit to impose the 25 powers of appointment, termination, suspension and clismissal from service of any employee of the national dairy development board,-delega_ tion of powers to wholetime directors, etc (a) who is dra'wing a salarv in such higher grade al'! may be prescribed, t(' a whole-time director and (b) who i!': drawing a salary in any grade, other than a higher 30 grade prescribed under clause' (a), to such officer of the national dairy developrn nt board as it may deem fit: provided that in relation to employeec:; falling under clause (by, the chairman may, if he f'onriders it necessary or expedient so to do, perform the functions of the board under this section 35 chaprer iv powers and functions of the national dairy development board 16 (1) subject to the nrovisi-ons of this act,-powers and func· tio~ of national dairy develop· ment bop! (a) it shall be thp duty and function of th(' national dairy 40 development board to promote ulan and organise programmes for the purposes of development of dairy and other agriculture ba,sed and allied industries and biologicals on an intensive and nation-wide basis and to render assistance 1'1 the implementation of such orogrammes; (by it shall be the respon~jbi1itv of the national dairy develoi>-ment board to adopt the ('oooperative strategy in a more effective manner on an intensive and nation-wide basis and to take such step' as may be necessary for the purposes aforesaid; and (c) the national dairy development board may take such measures for carrying out the said purposed, and for the exercise of ~ its powers and the performance of its functions and responsibilities under this act, as it may consider necessary (2) in particular, and without prejudice to the generality of the foregoing provisions, the measures referred to therein may provide for-(a) facilitating research and promotio'flal activities in the 10 fields of dairying, immunology, animal husbandry, agriculture and horticulture; (~) imparting technological know-how to such organisations bs the co-operative or public sector as are engaged in the production, procurement, preservation or marketing of milk and milk products; 15 (c) facilitating the training of personnel for absorbing and utilising the technical know-how that may be imparted; (d) designing, planning, promoting, developing, constructing, sponsoring and setting up of dairy industries and undertaking any other related promotional activity including the financing of the 20 same; (e) providing consultancy and managerial services and the execution of any project on a turn-key basis or otherwise, furnishing integral services such as storage, transportation, processing, distribution of milk and milk products and to serve as a lead institution with 25 reference to milk and milk products; (f) adopting such measures as may be practicable-(i) for the conservation of milk and milk products by avoidance of waste at all stages or otherwise; (ii) to assist primary producers of milk and milk products 30 and persons in the co-operative and public sector to get incentive prices; and (ijii} to build up a national milk grid; (g) recommending to government, as and when necessary, the maximum and minimum prices to be fixed for the purchase or sale 3s of milk and, if so required, assist in the enforcement of it; (h) functioning as a crannelising agency in respect of import and export of milk and milk products and of milch animals or bulls; (i) providing financial, technical, administrative, managerial or other assistance or taking such measures as may be necessary-(a) for the development (if required by the import of quality semen) and preservation of high yielding cattle; (8) for adopting improved methods of cattle breeding: (c) for increasing production and supply of better nad improved animal feed including fodder; and (d) generally for the enhancement of the cattle wealth of the country; (j)' processing, promoting or financing technological, industrial 5 or economic research in milk and milk products ip such manner u the board may deem fit by the utilisation of available institutions or otherwisej (k) financing, in such manner as the board may deem appropriate (including contribution to capital), of co-operative federations 10 co-operative union~ or co-operative enterprises or of any scheme in the co-operative or public sector intended to stimulate the production, preservation, distribution and consumption of milk and milk products nation-wide; (1) regulating the dairy and allied industri~ and functioning as 15 regulatory authority therefor, as may be required by the central government; (1nj) adopting measures for the development and co-ordination of organisations in the production of milk and milk products so as to enable the primary producers thereof to become participants in, and 20 beneficiaries of, the development and growth of dairy and allied industries; (n) collecting and compiling relevant dataanu statistics necessary for the efficient management of the national milk gtid and national milch herd and on any other matter relating to dairying 25 and allied industries; (0) promoting publicity on the research and development of dairy and allied industries; (p) promoting and developing production, grading and marketing of milk and milk products in various parts of the country; 30 (q) co-ope,rating with international organisations and foreign experts and for functioning as the agent of the central govemment for the reception, utilisation and disbursement of any gift of milk and milk products and any other foodstuffs; (tj) building up of a reserve of buffer stock of basic commodities; 3s (8) promoting the export of milk and milk products where, in the opinion of the board, it is so required to avoid waste or to otherwise serve the public interest and gelle'rally for exporting any article produced, processed o:r promoted by it; (t) acquiring, holding and disposing of any 'property for the purposes of its business; (u) transferring the whole or any part of its managerial, technicalor other functions in relation to any organisations receiving assistance from the national dairy development board to the recipient organisation: 5 (v) advancing or len:ling money upon security of movable or immovable property or otherwise; (w) borrowing money in such manner and upon such security as the board may deem fit; (x) carrying on, either by itself or through any other organisa-10 tions any other business or class of business, in a case where such business or class of business was being carried on by the society or the dissolved company immediately before the appointed day; (y) promoting and encouraging co-operative effort among those engaged in the production of milk and milk products and other 1 s foodstuffs; (z) levying fees or other charges for any assistance given or services rendered by the national dairy development board; (za) carrying on any other business or doing any other act or thing as may be necessary, incidental or conducive to further the 20 objectives of the national dairy development board under this act (3) if, immediately befure the appointed day, either the society or the dissolved company was engaged in the production, research and development processing marketing" import, export or other activities or had been rendering any service or assistance, in relation to any article or 2s product, other than milk and milk products or the dairy industry, then, notwithstanding anything contained in this act or in any other law, the national dairy development board may engage in the production, research and development, processing, marketing, import, export or other activities, or render such other services or assistance in relation to the said article 30 or product as may be required, and the provisions of sub-sections (1) and (2) shall so far as may be, apply in relation to that article or product, as it any ref~ence therein to milk and milk products or to dairy and allied industries had been a ref~ence to that article or product or service or activity 35 (4) where the central government or the government of any state considers that, having regard to the special expertise of the national dairy development board and the nee<ls of the public, it is necessary or advisable to entrust the national dairy development board with any activity, other than that to which the foregoing sub-sections apply, it 40 may entrust 'such activity to the national dairy development board, whereuport it shall be competent for the national dairy development board to carryon such activity (5) without prejudice to the generality of the foregoing powers, it shall be competent for the national dairy development board to parti-45 cipate with the prior approval of the central government in any other organisation, financially, managerially or in any other manner chapter v :provisions relating to diiux:tors and employees of the national dairy development board17, every l)erson holding office as a member of the board of the society o,r as a director of the dissolved company, immediately before the appoint- 5 ed day, shall on and from that day cease to hold office as such member or director i>rovi" sions re_ garding members d! lxnlrd of society and directors of dis· solyed com pany 18 subject t'o the provisions of section 19, every full·time officer or other employees holding office immediately before the appointed day, in the society or the dissolved company, shall, on and from the appointed 10 day, become an officer 'or other employee, as the case may be, of the national dairy development board and shall hold office or service in the national dairy development board on the same terms and conditions of service as he would have had under the society or the dissolved company, as the case may be, and shall continue to do so unless and 15 until his terms and conditions of service are duly altered by the board provl sions reo lating to officers and other employee6 of society and of dissolv_ ed company_ 19 (1) notwithstanding anything contajned in this chapter, the na tional diary development board may make such orders or take such action as may be necessary for restructuring and s~reamlining the organisational and functional set-up of the national dairy development 20 board to secure utmost efficiency in its functioning, and the board shall, -for achieving this object, be competent to declare any officer or other employee or any class of officers or other employees to be redundant if it finds them redundant by way of being surplus or otherwise due to duplication of posts of the same nature, or absence ()f the special exper· 2s tise required for the post in the revised set-up, or the non-availability of power of board to restructure and streamline organisational and functional lidt-up of national dairy develoipment roard to posts in a particular office or unit of the national dairy development board and it is not practicable to accommodate him in the type of post in the particular grade 1lecut'8 utmost tmclency ill functjoo-'" (2) nothing in this chapter sha11 preclude the board, if it is 10 considered necessary for the purpose of rationalising the conditiofis of service of the officers and other employees so transferred to it, to change their· designation, conditions of service or the scales of pay applicable to them ·or to reallocate their duties ilnd functions it (1) the officers or other employees declved redun __ in c pursuance of section 19, shall be dealt with in aceor4ancewtthsuch scheme or schemes as the board may, with the previous appro s val of the central government, make in this behalf and different schemw may be made in relation to different classes or categories of officers and other' efnployees i sehem re,ard in, com pensa· tiooto redwadldt (2) the scheme or schemes referred to in sub-section provide for-(1) may;' emp' ( loyees, eta , 10 (a) the quantum of compensation payable to any officer or other employee referred to in sub-section (1) and the mode of pay ment thereof: provided that the compensation so payable shall in no eue be' less than that payable to him under the service conditions applicable i to him if his services were dispensed with; is (b) the quantum of arrears of salary or other emoluments, pro· vident fund, gratuity or any other amount that may be payable in accordance with the service conditions applicable to them; 20 (c) the provision for appeal for the aggrieved redundant o1ftcers and other employees and for the appellate authql'ity, belftg' an officer not below the rank of a joint secretary to the govemrne!lt'--of india in the ministry dealing with agriculture; (d) any other matter pertaining to the termination of serviee consequent on their being declared redundant moiimtcompell-' satio for transfer of em~ loyee not u the transfer of the services of any officer or other employee' of 25' the-society or of the dissolved company to the national dairy develop meni board shall not entitle any such officer or other employee to any compensation under the industrial disputes act, 1947 or any other law' for the time being in force, and no such claim shall be entertained by any court, tribunal or other authority payab~ provi: dent fund, gratuity, welfare and other fundt 30 ft (1) where a provident fund has been established by the society or the dissolved company in respect of either of them for the benefit of the -officers or other employees and the same stands vested in a trust, the moneys and other assets standing to the credit of each provident fund shall continue to be held in trust with the same objects as were 35 appllcable before the appointed day! and the trustees of such trusts immediately before the appointed day shall, subject to the provisions of the trust deeds and the rules relating to the respective trusts, continue to function as trustees in respect of the respective provident fund o until and unless otherwise directed by the national dairy development board, and the rights relating to the said trusts shall, as from the appointed day, vest in the national dairy development board (2) where any gratuity, welfare or other fund had been established by the society or the dissolved company for the benefit of its ofiicers or other employees and is in existence immediately before the appointed 4! day, all moneys and other assets standing to the credit of or relatable to such gratuity, welfare or other fund shall vest in the national dairy ~vel&pment board , (~) notwithstanding anything contained in sub-sections (1) and (z), the board may give such directions relating to the trusts or lunda or take such other action as it may deem fit so as to bring about unifor mity or to effect integration in part or in whole in such trusts or funds (4) the board may, having regard to the welfare of the officers and s other employees or their families, take such steps for the advancement of their health, education or other interests as may be prescribed and create such institutions as may be required for the purpose (5) nothing in the foregoing provisions 'of this section shall derogate the power of the board to make regulations for establishing or main- 10 taining any provident fund, welfare fund, gratuity fund or other fund for any of its officers or other employees chapter vi finance, accounts and audit%3 the board may, with the previous approval of the central govem- 15 ment or in accordance with the terms of any general or special authority given to it by the central government, borrow money from any source as it may' deem fit for discharging all or any of its functions under th1a act 24 the central government may, after due appropriation made by 20 parliament by law in this behalf, pay to the national dairy development board by way of grants or loans such sums of money as the central government may think fit for being utilised for the purposes of this act (kant and loans by centnl oovem ment %5 (1) the national dairy development board may receive gifts, grants, donations or benefactions from government or any other source 2s in or outside india and the same shall be used by the baud for exercising its functions and discharging its responsibilities under this act (2) the national dairy development board shall not receive any gifti, gr~nts, donations or benefactions from a foreign government or any other source outside india except with the previous approval 30 ()f the central government 26 (1) the national dairy development board shall maintain a fund to be called the national dairy development board fund to which shall be cr~ited-xational dairy !'undo (a) all sums of money vested in the national dairy develop 3) ment board under chapter ii; (b) all sums of money that nlay be provided by government; (c) all fees and other charges received by the n~tional dai1')' development board; (d) all sums of money generated from gift commodities by the national dairy development board or received by it by way of ~ grants, donations, benefactions, bequests or transfers; and ('e) all sunls of money received by the national dairy development board in any other manner or from any other source (2) all sums of money credited to the said fund shall, subject to the regulations, if any, made in this behalf, be deposited with the 10 state bank of india or any other nationalised bank 'ol1970 explaination-in this sud-section "nationalised bank" means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970, and the banking companies (acquisitlon and transfer of undertakings) act, 1980 40af 1p80, prepwa-·· tion of account ' and balancesheet 15 (3) the said fund shall be applied towards meeting the administrative and other expenses of the national dai,ry development board, including expenses incurred in the exercise of the powers and the diacharge of its functions and responsibilities under section 16 or in relatlon to any of the activities referred to therein or for anythini 20 relatable theretoj i-:-t 27 (1) the balance-sheet and accounts of the national dairy development board shall be prepared in such form and in such manner as may be prescribed i , ~ 10 (2) the board shall cause the books and accounts of the national 2s dairy development board to be closed and balanced as on the 31st day of march each year or such other date as the board may, with the concurrence of the central government, decide audit ' 28 (1) the accounts of the national dairy development board shall be audited by auditors duly qualified to act as auditors of companies under the companies act, and the appointment of auditors and remuneration 30 payable to them shall be subject to the approval of the central government (2) every auditor in the performance of his duties shall have at all reasonable times access to books, accounts and other documents of the national dairy development board 35 (3) the auditors shall submit their report to the board which shall forward a copy of their report to the central government 29 the central government shall cause the report of the auditors under section 28 to be laid before both the houses of parliament as soon as may be after such report is received by the central government reports to be laid betore parliament power toeall tor repay-' ment before agreed period ~o 30 notwithstanding anything contained in any agreement to the contrary, the board may, by notice in writing, require any person to which the national dairy development board or the society or the dis-101ved company has granted any loan or advance, to discharge forthwith in full, its liabilities to the board,-(4) if it appears to the board that any false or misleading information in any material particular was given in the application for the loan or advance; or (b) if the person has failed to comply with the terms of itl contract in the matter of the loan or advance; or (c) if there is - reasonable apprehension that the persod ii unable to pay his debts or that proceedings for liquidation may be commenced in respect thereof; or cd) if the property pledged, mortgaged, hypothecated or autped as security for the loan or advance is not insured and kept idaul'ed 5 by the person to the satisfaction of the board (or depreciates in "value to such an extent that, in the opinion of the board,further security to the satisfaction of the board should be given and such security is not given after demand); or (e) if, without due permission any machinery, plant or other ':10 equipment (whether forming part of security or not) is teinovedfrom the concerned premises without being replaced; ~r (1) if it appears to the board that any condition in the loan agreement relating to_ the supply of goods or implementation of the project is being substantially violated; or is ", (g) if, for any other reason, the board considers it necessary so to do for protecting the interests of the national dairy development board '!t (1) where any person, in breach of any agreement, makes any default in the repayment of any loan or advance or any instalment thereof 20 (oj: in meeting its obligations in relation to the guarantee given by the national dairy development board) or otherwise fails to comply with the terms of agreement with the board or where the board requil!es any person 'to make immediate repayment of any loan or advance under section 30 and the person fails to make such repayment then without ~ prejudice to the provisions of section 69 of the transfer of property spedlll proft aionafar enfan:e mentof elaiml by national dairy dnelop ment bou4 act, 1882, any officer of the national dairy development board, gene-4 of lin rally or specially authorised by the board in this behalf, may apply to the court for one or more of the following reliefs, namely:-(0) for an order for the sale of the property pledged,morigaged, hypothecated or assigned to the national dairy developmeat 30 board as security for the loan or advance; or (b) -for transferring the management of any organisation to the "national dairy development board; or (c) for an ad interim injunction where there is apprehension that the machinery or other equipment is being removed from the 35 i premises of the organisation without due permission ,(2) the procedure for making an application under sub-aectwn (1) and for the disposal thereof shall be such as may be prescribed chapter viimiscellaneous nno act or proceeding of the board or of any committee oftbe national dairy development board shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constituttofl of, the board or the committee, as the case may be detect, in appointment not \0 invalidate de,ete of board protec!-tion ot acta done in good faith la, no • uit or other legal proceeding hall lie against the national -daj,y development board or any director or any officer or other employee of the board or any other person authorised by the board to discharge any functions under this act, for any loss or damage caused or likely , to be caused by anything which is in good faith done or intended to be f1iaae ',in pursuance of this act or of any other law or provision having tile force of law indemnity-of directors :si ,every director shall be indemnified by the national dairy development board against all losses and expenses incurred by him, in, or in 10 relation to, the discharge of his duties, except such as are caused by his own wilful act or default 35 (1) the board shall not, except as otherwise required by this act ebliaa tion to fidelity and aecrecy qr any other law, divulge any information relating to, or to the affairs of, the national dairy development board· or of the society or of the is dijlolved company except in circumstances in which it is in accordance with the law or practice and usage customary among financial institutions, necessary or appropriate for the board to divulge such information (2) every director, member of a committee, auditor or officer or other employee of the national dairy development board shall, before 20 entering upon his duties, make a declaration of fidelity and secrecy in the form set out in the schedule 36 nothing contained in chapter v shall be deemed to prejudice the right of the national dairy development board to create such ~dumber of additional posts or to appoint such number of additional redruit· ment of additionalofr-cera and other employee 2s'afil~rs or other employees as it may consider necessary or desirable __ the efticient discharge of the functions of the national dairy development board and where any such officer or other employee is appointed, the terms and conditions of service, including inter se seniority may also be determined by the board 30 37 no provision of any law relating to the winding up of companies or corporations shall apply to the national dairy development board and it shall not be placed in liquidation save by an' order of the central government and in such manner as it may direct liiquida-, tion only under orders of central gomrnmeat deleptfod of certain powers by central govern ment '18 ~l) the central government may, on the recommendation of the 3s national dairy development board, if satisfied that it is necessary so to do in the public interest, make any scheme for the purpose of enabling 11:aenational dairy development board to undertake and perfonn any of the activities or functions of the central government relatable to dairy, foodstuffs and connected industries, particularly with reference 4o'to matters related to the development of the national milk -rid by the regulation of the production, procurement, marketing, export-,import, maintenance of standards or such like activities (including the collection and compilation of statistics and relevant data) (2) every scheme made under sub-section (1) shall be published sa the official gazette and may contain such conditions, restrictions or llml· tations as the central government may deem fit to impose 39 any auditor appointed in relation to the society or the dissolved company, functioning immediately before the appointed day, may not-5 withstanding anything contained in this act, be continued by the national dairy development board for such period and on such terms as may be considered jlecessary transitional provisions for auditors 40 the chairman of the society holding office immediately before 10 the appointed day, shall be the chairman of the national dairy development board until a chairman is nominated in accordance with the provisions of this act and he shall be competent to "perform the functions of the board until the constitution of the board under this act transitional proviaionawith regard to chairman and board 41 for the removal of doubts, it is hereby declared that where, before the appointed day, either the society or the dissolved company was 15 managing any other organisation or rendering any technical or other assistance to any organisation or person, the national dairy development board may continue to render the same or similar service to such extent, for such period and with such modifications as the board may deem fit management or assistance to others to continue 42 the undertaking known as the mother dairy, delhi, shall, on and 20 from the appointed day, become a subsidiary unit of the national dairy , development board but shall retain its separate character, unless otherwise decided by the board mother dairy to bea lubsidiary unit of national dairy development board 43 (1) where the board considers it necessary so to do, for the imp1e- 25 mentation of any of its objectives, it may subject to the previous approval of the central government, form one or more companies either by itself or in conjunction with any of its subsidiaries or with any other undertaking (2) where any company has been formed in pursuance of sub-section (1)-30 formation of companiea with previous approval of central oovem ment (a) in the case of a company formed by the board by itself or: along with its subsidiaries" it may contribute such capital, transfer such of its assets or render such assistance, as may be required, so ii to enable the company so formed to function; and : ( (b) in any other case, it may contribute capital, transfer asset , " or render assistance in such manner and to such extent as th~ board may deem fit subject to specific previous approval of the central government in that regard , " notwithstanding anything contained in the income-tax act, 1961 a otll'l exemp--tion from tax on income or, any other enactment for the time being in force relating to tax on income, profits or gains, the national dairy development board shall not f be liable to pay income-tax or any other tax in respect of its income, profits or gains derived 10 r&tums 45 the- national dairy development board shall furnish, from time to time, to the central government such returns as the central government may require 48 any scheme or regulation made under this act in relation to conditions of service or like matters of officers or other employees of the 15 national dairy development board, may be made retrospectively from any date not earlier than the appointed day power to make scheme, and regulations regarding service , matter; retrospectively 1401 1m, act to have oyerriding effect 47 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in the companies act, tlhe industrial disputes act, 1947 or any other law for the time being in force 20 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 or other authority 48 (1) the board may, by notification in the gazette of india make regulations not inconsistent with the 'provisions of this act and the schemes made thereunder, to provide for all matters for which provision ilt 2s necessary or expedient for the purpose of giving effect to the provisions power to make regulations of this act (2) in particular, and without prejudice to the generality of the fore· going power, such regulations may provide for all or any of the following 'matters, namely:-30 i (a) the procedure to be followed for the transaction of business at the meetings of the board and the number of members which shall fonn quorum at a meeting under sub-section (1) of section 10; 3s (b) the allowances to be paid to the members of any management committee, other than the chairman and whole-time directors, for attending the meetings of the management committee or for attending to any other work of the national dairy development board under sub-section (1) of section 13 and the other matters pertaining to the conduct of proceedings of the management committees under sub-section (2) of that section; 40 (e) the higher of grade for the purposes of clause (a) of sec--uon 15; (d) the particulars of the steps for the advancement i of _ health, education at' other interests of the officers and other empta, or their families as referred to in sub-eection (4) of seetiml 21; (e) the matters of detail regarding establishment or main- tenance of funds referred to in sub-section (5) of section 22;" $1 (f) the conditions subject to which sums of money are te be deposited under sub-section (2) of section 26; (g) the form and manner in which the balance sheet accounts of the national dairy development board shall be prepared under sub-section (1) of section 27; to (h) the procedure for making an application waderau'b e et' (1) of section 31 and for the disposal thereof under sub-section (2) of that section; (i) conditions of service of officers and other employees; (j) any other matter which is to be, or may be, prescribed u 49 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the oftlclal gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty: power toremove ~ culti • provided that no such order shall be made after the expiry of ave 20 years from the appointed day i (2) every order made under this section shall be laid, jis sodnu mat, be after it is made, before each house of parliament scheme, and - regulations to be laid before parliament 5() every scheme and every regulation made under this act shall be laid, as soon as may be af~ it is made, before each house of parliameat, while it is in session, for a total period of thirty days which may 'bar2s comprised in one session or in two or more successive sessions, add 14, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modulo-· tion ill the scheme or regulation or both houses agree that the scheme 30 or regulation should not be made, the scheme or regulatian 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 shbdj be without prejudice to the validity of anything previously dade under thai scheme or regulation 3, 4 u the schedule [see section 35(2)] declnrcltimt oj fidelity lind secrecyi, , do hereby declare that i will faithfully" truly, ad to the best of my skul and ability execute and perform the dutie$r~~ of me as chairman, director, member of committee, auditor, officer or other employee (as the case may be) of the national dairy development board and which properly relate to the office or position held by me in or in relation to the national dairy development board s i further declare that i will not communicate or allow to be communicated to any person not legally entitled thereto any information relating to the affairs of any person having any dealing with the national dairy development board nor will i allow any such person to inspect or have access to any books or documents belonging to or in the possession of 10 the national dairy development board and relating to the business of the national dairy development board or the business of any person having any dealing with the national dairy development board signed before me (signlat-ure) statement of objects and reasonsthe national dairy development board (nddb) was set up in 199 by the government of india as a registered society with the primary objective for providing technical services to implementing agencies in building up their dairy projects on co-operative lines on the pattern of the kaira district co-operative milk producers' union limited, anand, popularly known as tlie 'anand pattern' the national dairy development board has since beell progressively playing a wider role together with the indian dairy corporation which is a company formed in 1~7~ to give supportive assistance in the implementation of the operation flood programme 2: the central government had appointed a committee-commonly 1m own as the jha committee-which had recommended the formation of a body corporate to perform the functions of both these institutions taking care to ensure that the autonomy and freedom and flexibility presently enjoyed by the national dairy development board is not adv~rsely affected thereby 3 to achieve the above, it is proposed to declare the national dairy development board as an institution of national importance and incorporate it as a statutory body: with the enlargement of functions of the national dairy development board over the years, it is felt that the functions of both the institutions can henceforth be performed by the corporate body and as such it is proposed to vest the undertakings of the indian dairy corporation in the body corporate and dissolve the indian dairy corporation 4 the name of the national dairy development board is retained for the corporate body so that there may be a continuity in reputation and understanding both in india and abroad provisions have been in('luded in the bill to ensure that the body corporate is able to carry on all the functions that they are discharging at present and play an enlarged and vital role with regard to milk, milk products and other commodities with which it is concerned or in respect of which the govern ment deems it necessary to involve i;hem 5- the ibill also makes provtllton for better administration of the body corporate including the constitution caf the fund, provision for accounts, audit, etc 6 the notes on clauses explain in detail the provisions of the 19i1l 7 the bill seeks to achieve the above objectives new delm; the 17th august, 1987 g 5 dhillon president's recommenda non under article 117 and 274 of the constitution of indiarcopy of letter no 17-24/87-ld i dated 17 august, 1987 from shrl g s dhillon, minister of agriculture to the secretary-general lok sabhaj • ',~,"'\ the president, having been informed of the subject matter of the proposed bill recommends under clauses (]) and (3) of article 117 re~d with article 274 of the constitution of indio, the introduction and constderntiot" of the national dairy development board bill, 1987, in lok sahha notes on clausesclause 2 'seeks to declare the existing national dairy development board as an institution of national importance clause 3 seeks to define certain words and expressions used in the bill ,clause 4 provides for the incorporati6n of the existing national dairy development board and the corporate body is to be known by the same name clause 5 provides for the simultaneous vesting of the indian dairy, , corporation in the national dairy development board and for itl' dis-olution clause 6 provides for the transfer of assets, liabilities and activities of the existing national dairy development board and of the dissolved company to the body corporate clause 7 provides for the saving of legal proceed~gs clause 8 provides for the management of the national dairy development board and the composition of board of directors clause 9 provides for the terms of office and conditions of service, etc, of chairman and directors clauses 10 and 11 make provisions regarding meetings of the board and the manner of transaction of business clause 12 provides for the c(lnstitution of management committees of the national dairy development board clauses 13, 14 and 15, provide for the allowances etc of management committee members and delegation of powers by the board to management committees, co-operative federations whole-time directors, etc cl~ 16 provides for the powers and functions of the national " dairy development board apart from enabling it to carry on the ~xisting and enlarged functions, provision is made enabling the central government or the government of any state to entrust the national dairy development board with any activity if, having regard to expertise of the nationall)airy development board, it considers it necessary so to do cf4tue 17 provides that the members etc of the existing national dairy development board and dissolved company win cease to hold oftice ' ~ clauses 18 and 19 provide that the existing full-time officers and other employees will continue in the national dairy development board subject , tofts restructuring and' stremlining under clause 19 clause 20 provides for framing of schemes to' safeguard monetary inte,rest of the officers and· other employees who may be declared ' as ·ndiiildant clause 21 makes it clear that no compensation shall be payable under the industrial disputes act, 1947 or any other law by reason of the transfer of any officer or other employee to the incorporated national dairy development board clause 22 makes provisions regarding provident fund, gratuity, welfare and other funds clause 23 empowers the board to borrow money after obtaining previous approval from the central government clause 24 is intended to enable the central government to make grants or loans to the national dairy development board in case it becomes necessary c,j,ause 2s enables the national dairy development board to receive gifts, grants, donations, etc, and stipulates that where it is from any source outside india, previous approval of the central government should be obtained ~ clause 26 provides for the fund of the national dairy development board to be called the national dairy development board fund clauses 27, 28 and 29 make the usual provisions regarding preparation of balance-sheet and accounts by the board and for its audit the appointment of auditors and the remuneration payable to them shall be subject to approval of the govemment and copies of their reports have to be forwarded to the central government the auditor's reports are to be laid before both houses of parliament ' clauses 30 and 31 provide for recall of loans and enforcement of claims in certain situations where the interest of the, national dairy development board would otherwise be adversely affected cla1l8e 32 provides that the defects in any appointment shall not invalidate actions taken by the board or by any committee thereof cla'uses 33 and 34 are the usual provisions to protect directors and employees in cases where they act in good faith, directors are also provided indemnity against losses and expenses 1n u1e diacharge of their duties ) clatlbe 35 imposes obligation as to fidelity and secrecy clause 36 provides for the recruitment of additional officer and other employees, clause 37 provides that the national dairy development board can be placed in liquida~ion only by th~ central government clause 38 provides for the delegation of certain powers ot the central government relating to dairy, foodstuffs and connectec:l industries, to the board ·where the public interest so requires clause 39 enables the existing auditors for the completion of their work in respect of the organisations in relation to which they were functionini· clame 40 is transitional provision to enable the chairman of the existing national dairy development board to continue until freih appointment undel· the act is made clause 41 enables the national dairy _development board to continue assistance which the two institutions were earlier rendering clause 42 provides that the mother dairy shall be a subsidiary unit of the national dairy development board with separate identity clause 43 provides for the formation of new companies' with the approval of the central government· clause 44 provides for exemption from tax on income of the national dairy development board c7,ause 45 provides for returns to be furnished to the central government ! - clause 46 provides for the making of regulations and schemes regarding service conditions of officers and other employees with retrospective effect clause 47 is the general overriding clause c14use 48 deals with powers of the board to make regulations in particular about matters that are spelt out therein clause 49 empowers the central government to make orden forremoving difficulties and it is restricted to five years every such order shall be laid before both houses of parliament; clause 50 provides that all regulations and schemes shall be laid before both houses of parliament the schedule contains the form of declaration of fidelity and secrecy to be made by all directors, officers and other employees financial memorannumthe national dairy development board whieh is a society registered under the societies registration act has been functioning on a: nationwide basis together with the indian dairy corporation which was formed to playa supplementary role to it in the bill, it is proposed to declare the national dairy development board as an institution of national importance iutd make it into a body corporate so as to enable it to take over both the undertakings and perform their functions the national dairy develop-_ meni board (together with the indian dairy corporation) hai been functioning successfully by generating their own funds right from its inception 2 under the above circumstances, it is not expected that the body corporate will require any financing from the central government however, clause 20 indicates that full-time officers or other employees dec1ared as redundant in pursuance of clause 19, shall be dealt with in , 'accordance with such scheme or schemes as the board may, with the previous approval of the central government, frame to provide for the qua~tum of compensation ;payable to them at this stage, it is nct 'p~ible to make a precise estimate of the expenditure involved on this , account as this would depend on the final shape of the new organisation similarly, clause 24 makes the usual provision enabling the central ' -guvernment ·to-make grants or loans to the national dairy development board after due appropriation 3 in view of the above, the bill, if enacted and brought int6- operation, is not likely to involve any expenditure from the consolidated fund of india, whether recurring or non-recurring - "t-_ 'i f clause 20 of the bill empowers the national dairy development board to make, with the previous approval of the central government, scheme or schemes regarding officers or other employees of the board declared as redundant such scheme or schemes may provide for the quantum ot compensation to such officers and other employees and for other connected matters including the provisions for appeal for the aggrieved redundant employees clause 38 empowers the central government to make any scheme under certain circumstances for the purpose of enabling the national dairy development board to undertake and perform certain activities and functions relatable to dairy, foodstuffs and connected industries clause 48 of the bill empowers the board to make regulationc;, not inconsistent with the provisions of the bill and the schemes made thereunder, to provide for all such residuary matters 'for which provision is expedient for giving effect to the provisions of the proposed legislation the matters in respect of which such regulations may, in particular, be made have been enumerated in sub-clause (2) of clause 48 of the bill under clause 46, any scheme or regulation in respect of service conditions could operate retrospectively, but not earlier than the' date of commencement of the act 2 clause 49 of the bill empowers the central government to remove by order any difficulty which may arise in giving effect to the provisions of tlhe legislation this is by way of abundant caution and for covering difficulties which it is not practicable to visualise i~ has, however, been' provided that no such order shall be made after the expiry of a period of five years from the date of incorporation of the national dairy development board a copy of the order is also to be laid before each house of parliament 3 provision has also been made i~ clause 50 of the bill for the laying of the schemes and regulations made under the act before both houses of parliament i 4 the matters in respect of which-such schemes and regulation!! may be made pertain to matters of procedure or administrative detail the delegation of legislative power is, therefore, of a normal character, abill to declare the institution known as the national dairy development board in the state of gujarat to be an institution of national importance and to provide for its incorporation and for the vesting in that body corporate of the undertakings of th~ indian dairy corporation with a view to provide for the administration and the carrying on of the functions to be performed by the body corporate more eftectiyely throughout the country and for mattei'$ <:onnected therewith and incidental thereto (shri g s dhillon minister of a9ric141ture) | Parliament_bills | 5cf8a398-8761-5609-9bda-c56a3024c2f0 |
bill no 25 of 2007 the constitution (scheduled castes) order (amendment) bill, 2007 by prof mahadeorao shiwankar, mp a billfurther to amend the constitution (scheduled castes) order, 1950be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title1 this act may be called the constitution (scheduled castes) order (amendment)act, 2007co 1952 in the schedule to the constitution (scheduled castes) order, 1950, in part x—maharashtra,—amendment of the schedule(i) for entry 8, the following entry shall be substituted, namely:—"8 basor, burud, bansor, bansodi, basod, vihchar, injwar, dhoba, dhobi, mang"; and(ii) for entry 11, the following entry shall be substituted, namely:—10"11 bhambi, bhambhi, asadaru, asodi, chamadia, chamar, chamari, chambhar, chamgar, haralayya, harali, khalpa, machigar, mochigar, madar, madig, mochi, telegu mochi, kamati mochi, ranigar, rohidas, nona, ramnami, rohit, samgar, samagara, satnami, surjyabanshi, surjyaramnami, charmakar, pardeshi chamar, holi"15 statement of objects and reasonsin pursuance of article 341 of the constitution, the list of scheduled castes was first notified in 1950 and this list was modified from time to time however, there are certain castes in various states which have found no place in the scheduled castes order, 1950 a number of requests have been made by several state governments to amend the (scheduled castes) order, 1950 in order to include new and synonymous communities in the list of scheduled castes in order to extend the benefits of reservation to the persons belonging to these castes in some cases, people belonging to the same caste are known by different or synonymous names of their caste in different areas of the same state but all these names are not mentioned in the constitution (scheduled castes) order, 1950 the persons belonging to the same caste are denied benefits of reservations and other facilities because of different nomenclature of their caste moreover, there are certain new castes which are required to be included in the constitution (scheduled castes) order, 1950 in view of their social, educational and economic backwardness this anomaly requires to be rectified by amending the constitution (scheduled castes) order, 1950 in relation to the state of maharashtrathe bill seeks to achieve the above objectsnew delhi;mahadeorao shiwankarnovember 13, 2006 financial memorandumthe bill seeks to include new castes based on social, educational and economic backwardness, synonymous communities in respect of a caste and modifications in the existing entries relating to certain communities in the list of scheduled castes for the state of maharashtra the bill, if enacted, would involve additional recurring and non-recurring expenditure on account of benefits to be provided to the persons belonging to the communities to be included under continuing schemes meant for development of the scheduled castes from the consolidated fund of india at this stage, it is not possible to give the exact amount to be incurred on this account however, it is estimated that a sum of approximately rupees one hundred 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 involvedannexureextract from the constitution (scheduled castes) order, 1950co 19 (part iii—rules and orders under the constitution) part x—maharashtra 8 basor, burud, bansor, bansodi 11 bhambi, bhambhi, asadaru, asodi, chamadia, chamar, chamari, chambhar, chamgar, haralayya, harali, khalpa, machigar, mochigar, madar, madig, mochi, telegu mochi, kamati mochi, ranigar, rohidas, nona, ramnami, rohit, samgar, samagara, satnami, surjyabanshi, surjyaramnami lok sabha————— a billfurther to amend the constitution (scheduled castes) order, 1950—————(prof mahadeorao shiwankar, mp)mgipmrnd—264ls(s-3)—23022007 | Parliament_bills | 002da3b2-f713-5964-85ec-9a05a34df0ff |
bill no 109 of 2012 the constitution (amendment) bill, 2012 byshri anant gangaram geete, 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, 2012amendment of article 722 in article 72 of the constitution, after clause (3), the following clause shall be added, namely:—(i) waging, or attempting to wage war, or abetting waging of war, against the government of india; or(ii) conspiracy to wage war against the government of india by means of criminal force or show of criminal force within or outside india; or(iii) collecting arms with intention of waging war against the government of india; or(iv) concealing the existence of a design to wage war or facilitating the waging of such war against the government of india"5 statement of objects and reasonsarticle 72 of the constitution empowers the president of india to grant pardons, etc, and to suspend, remit or commute sentences in certain caseshowever, in cases like attack on parliament house in the year 2001 and later attack on mumbai known as 26/11 attack in the year 2008 have been held as acts of waging war against india by the supreme courtwhile afzal guru, the convict in the case of attack on parliament has made a clemency petition to the president, ajmal kasab, the accused of mumbai attack is also likely to do sothe acts of violence perpetuated by the above accused amount to waging war against india and therefore should not be considered on par with other offences the feeling of lawabiding citizens of india is that the sentence be executed immediately and such convicts should not be given the benefit of exceptional provision in the constitution of indiatherefore, the provision of president's discretion of pardoning or suspending the sentence pronounced by the supreme court of india should not be available to persons convicted of offences like waging of war against government of indiahence this billnew delhi;anant gangaram geeteaugust 30, 2012 annexureextract from the constitution of india part v the union chapter i—the executivethe president and vice-president 72 (1) the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—(a) in all cases where the punishment or sentence is by a court martial; (b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the union extends;power of president to grant pardons, etc, and to suspend, remit or commute sentences in certain cases(c) in all cases where the sentence is a sentence of death———— a billfurther to amend the constitution of india————(shri anant gangaram geete, mp)gmgipmrnd—3104ls(s3)—06112012 | Parliament_bills | 2505c948-f947-5c01-be4d-01915098beb8 |
bill no 123 of 2016 the prevention of corruption (amendment) bill, 2016 byshri rabindra kumar jena, mpa billfurther to amend the prevention of corruption act, 1988be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the prevention of corruption (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, appoint549 of 1988amendment of section 52 in the prevention of corruption act, 1988 (hereinafter referred to as the principalact), in section 5, sub-section (6) shall be omitted3 for sections 7, 8, 9 and 10 of the principal act, the following sections shall be substituted, namely:—substitution of new sections for sections 7, 8, 9 and 10"7 (1) any person, being, or expecting to be, a public servant who,—10offence relating to public servant being bribed(a) requests any person for, or obtains or agrees to receive or accepts orattempts to obtain from any person, any financial or other advantage, intending that, in consequence, a relevant public function or activity would be performed improperly either by himself or by another public servant; or15(b) requests for, or obtains or agrees to receive or accepts or attempts toobtain, a financial or other advantage from any person and the request, agreement,acceptance or attempt itself constitutes the improper performance of a relevant public function or activity; or5(c) requests for, or obtains or agrees to receive or accepts or attempts toobtain, a financial or other advantage as a reward for the improper performance (whether by himself or by another public servant) of a relevant public function or activity; or(d) performs, or induces another public servant to perform, improperly a relevant public function or activity in anticipation of or in consequence of requesting, agreeing to receive or accepting a financial or other advantage from any person,10shall be punishable, with imprisonment which shall not be less than three years but which may extend to seven years and shall also be liable to fineexplanation 1—it shall be immaterial whether—15(a) such person being, or expecting to be, a public servant requests or obtains or agrees to receive or accepts, or attempts to obtain (or is to request, agree to receive, or accept) the advantage directly or through a third party;(b) the financial or other advantage is, or is to be, for the benefit of such person being or expecting to be, a public servant or another person2025explanation 2—it shall be immaterial, whether such person being, or expecting to be, a public servant knows or believes that the performance of the public function or activity is improper or whether the public servant who is induced to perform improperly a relevant public function or activity knows or believes that the performance of the public function or activity is improper30explanation 3—"expecting to be a public servant" if a person not expecting to be in office agrees to receive or accepts or attempts to obtain from any person, any other financial or other advantage by deceiving such other person into a belief that he is about to be in office, and that he will then serve him, he may be guilty of cheating, but he is not guilty of the offence defined in this section35explanation 4—where a public servant induces a person erroneously to believe that his influence with the government has obtained a title or other benefit for that person and thus induces that person to give the public servant, any financial or other advantage as a reward for this service, the public servant has committed an offence under this section (2) for the purposes of this act,—(a) a function or activity is a public function or activity, if—(i) the function or activity is of a public nature;40(ii) the function or activity is performed in the course of a person's employment as a public servant;(iii) the person performing the function or activity is expected to perform it impartially and in good faith; and(iv) the person performing the function or activity is in a position of trust by virtue of performing it;(b) a public function or activity is performed improperly, if—(i) it is performed in breach of a relevant expectation; and5(ii) there is a failure to perform the function or activity and that failure is itself a breach of a relevant expectation;(c) "relevant expectation",—(i) in relation to a public function or activity performed, means the performing of the public function or activity impartially or in good faith, as the case may be;1015(ii) in relation to a public function or activity performed in a position of trust (by virtue of performing such function or activity), means any expectation as to the manner in which, or the reasons for which, the function or activity will be performed that arises from the position of such trust; (d) anything that a public servant does, or omits to do, arising from or in connection with that person's past performance of a public function or activity shall be treated as being done, or omitted, by that person in the performance of that function or activity;20(e) the test of what is expected is a test of what a reasonable person inindia would expect in relation to the performance of the type of public function or activity concerned 8 any person who—(a) offers, promises or gives a financial or other advantage to another person, and intends such financial or other advantage—25offence relating to bribing of a public servant(i) to induce a public servant to perform improperly a public function or activity; or(ii) to reward such public servant for the improper performance of such public function or activity; or30(b) offers, promises or gives a financial or other advantage to a publicservant and knows or believes that the acceptance of such financial or other advantage by the public servant would itself constitute the improper performance of a relevant public function or activity,shall be punishable with imprisonment which shall not be less than three years but which may extend to seven years and shall also be liable to fine:35provided that when the offence under this section has been committed by a commercial organisation, such commercial organisations shall be punishable with fine:provided that this section shall not apply to person who is forced or compelled to give bribe40explanation—it shall be immaterial whether the person to whom the financial or other advantage is offered, promised or given is the same person as the person who is to perform, or has performed, the public function or activity concerned, and, it shall also be immaterial whether such financial or other advantage is offered, promised or given by the person directly or through a third party9 (1) a commercial organisation shall be guilty of an offence and shall be punishable with fine, if any person associated with the commercial organisation offers, promises or gives a financial or other advantage to a public servant intending—(a) to obtain or retain business for such commercial organisation; andoffence relating to bribing a public servant by a commercial organisation5(b) to obtain or retain an advantage in the conduct of business for suchcommercial organisation:provided that it shall be a defence for the commercial organisation to prove that it had in place adequate procedures designed to prevent persons associated with it from undertaking such conduct10(2) for the purposes of this section, a person offers, promises or gives a financial or other advantage to a public servant if, and only if, such person is, or would be, guilty of an offence under section 8, whether or not the person has been prosecuted for such an offence(3) for the purposes of section 8 and this section,—| ( | a | ) "commercial organisation" means— ||-------------------------------------------------------------------------------------|-----------------------------------------------------------------|----------------------------------------------------------------------------|| 15 | | || ( | i | ) a body which is incorporated in india and which carries on a || business, whether in india or outside india; | | || ( | ii | ) any other body which is incorporated outside india and which || carries on a business, or part of a business, in any part of india; | | || 20 | | || ( | iii | ) a partnership firm or any association of persons formed in india || and which carries on a business (whether in india or outside india); or | | || ( | iv | ) any other partnership or association of persons which is formed || outside india and which carries on a business, or part of a business, in any | | || part of india; | | || 25 | | || ( | b | ) "business" includes a trade or profession or providing service including || charitable service; | | || ( | c | ) a person is said to be associated with the commercial organisation if, || disregarding any offer, promise or giving a financial or other advantage which | | || constitutes offence under sub-section ( | 1 | ), such person is a person who performs || services for or on behalf of the commercial organisation | | || 30 | | || explanation | 1—the capacity in which the person performs services for or on | || behalf of the commercial organisation shall not matter irrespective of whether such | | || person is employee or agent or subsidiary of such commercial organisation | | || 35 | | |explanation 2—whether or not the person is a person who performs services for or on behalf of the commercial organisation is to be determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship between such person and the commercial organisationexplanation 3—if the person is an employee of the commercial organisation, it shall be presumed unless the contrary is proved that such person is a person who performs services for or on behalf of the commercial organisation40(4) notwithstanding anything contained in the code of criminal procedure,1973, the offence under section 8 and this section shall be cognizable2 of 197445person in charge of commercial organisation to be guilty of offence10 (1) where a commercial organisation has been guilty of an offence under section 9, every person who at the time the offence was committed was in charge of, and was responsible to, the commercial organisation for the conduct of the business of the commercial organisation shall be deemed to be guilty of the offence and shall be punishable with imprisonment which shall not be less than three years but which may extend to seven years and shall also be liable to fine: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 has exercised all due diligence to prevent the commission of such offence5(2) notwithstanding anything contained in sub-section (1), where an offence under section 9 has been committed by a commercial organisation 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 commercial organisation, 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 accordingly under this section10explanation—for the purposes of this section, "director", in relation to a firm, means a partner in the firm'4 section 11 of the principal act shall be omittedomission of section 115 for section 12 of the principal act, the following section shall be substituted, namely:—15substitution of new section for section 12"12 whoever abets any offence punishable under this act, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than three years but which may extend to seven years and shall also be liable to fine"p u n i s h m e n t for abetment of offences defined in the act20amendment of section 136 for sub-section (1) of section 13 of the principal act, the following shall be substituted, namely:—'(1) a public servant is said to commit the offence of criminal misconduct,—(a) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do; or25(b) if he intentionally enriches himself illicitly during the period of his office and, he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income30explanation—for the purpose of this section,"known sources of income" means income received from any lawful source'7 for section 14 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 1435p u n i s h m e n t for habitual offender"14 whoever convicted of an offence under this act subsequently commits an offence punishable under this act, shall be punishable with imprisonment for a term which shall be not less than three years but which may extend to ten years and shall also be liable to fine"amendment of section 158 in section 15, for the words, brackets and letters "clause (c) or clause (d)", the word, brackets and letter "clause (a)" shall be substituted409 after chapter iv of the principal act, the following chapter shall be inserted, namely:—insertion of new chapter iva chapter iv a attachment and forfeiture of property18a in this chapter, unless the context otherwise requires,—definitions(1) "date of termination of criminal proceedings" means—51015 2025application for attachment30 3540(a) where such proceedings are taken to the supreme court in appeal, whether on the certificate of a high court or otherwise, the date on which the supreme court passes its final orders in such appeal; or(b) where such proceedings are taken to the high court and orders disposing of the proceedings are passed thereon and—(i) no application for a certificate for leave to appeal to the supreme court is made to the high court, the day immediately following the expiry of ninety days from the date on which the high court passes its final orders;(ii) an application for a certificate for leave to appeal to the supreme court has been refused by the high court, the day immediately following the expiry of sixty days from the date of the refusal of the certificate;(iii) a certificate for leave to appeal to the supreme court has been granted by the high court, but no appeal is lodged in the supreme court, the day immediately following the expiry of thirty days from the date of the order granting the certificate; or (c) where such proceedings are not taken to the high court, the day immediately following the expiry of sixty days from the date of the last judgment or order of a special judge in the proceedings; (2) "property" means any property or assets of every description, whether corporeal or incorporeal, movable or immovable, tangible or intangible and includes deeds and instruments evidencing title to, or interest in such property or assets 18b (1) where any police officer authorised to investigate any offence under section 17 has reason to believe that any person has committed any offence under this act and such person has procured money or other property by means of such offence, the investigating officer may, with the prior approval of the central government or the state government, as the case may be, at any stage, whether or not any court has taken cognizance, move an application before the special judge appointed under section 3 for attachment of the said money or property or if such money or property cannot, for any reason, be attached, other property of the said person of value as nearly as may be equivalent to that of the aforesaid money or other property(2) an application under sub-section (1) shall be accompanied by one or more affidavits, stating the grounds on which the belief that the said person has committed any offence under this act is founded and the amount of money or value of other property believed to have been procured by means of the offence(3) the application shall also furnish—(a) any information available as to the location for the time being of any such money or other property, and shall, if necessary, give particulars, including the estimated value, of other property of the said person;(b) the names and addresses of any other persons believed to have or to be likely to claim, any interest or title in the property of the said personad interim attachment455018c (1) upon receipt of any application under section 18b, the special judge shall, unless for reasons to be recorded in writing, he is of the opinion that there exists no prima facie grounds for believing that the person in respect of whom the application is made has committed any offence under this act or that such person has procured thereby any money or other property, pass without delay an ad interim order attaching the money or other property alleged to have been so procured, or if it transpires that such money or other property is not available for attachment, such other property of such person of equivalent value as the special judge may think fit:provided that the special judge may, if he thinks fit, before passing such order, and before refusing to pass such order, examine the person or persons making the affidavit accompanying the application510 15inquiry of objections to attachment205 of 190825 30 35 40attachment of property of mala fide transferees45(2) at the same time as he passes an order under sub-section (1), the special judge shall issue to the person whose money or other property is being attached, a notice accompanied by copies of the order, the application, affidavits and of the evidence, if any, recorded, calling upon him to show cause why the order should not be made absolute(3) the special judge shall also issue notices, accompanied by copies of the documents accompanying the notice under sub-section (2), to all persons represented to him as having or being likely to claim, any interest or title in the property of the person to whom notice is issued under the said sub-section calling upon each such person to appear on the same date as specified in the notice under the said sub-section and make objection if he so desires to the attachment of the property or any portion thereof on the ground that he has an interest in such property or portion thereof(4) any person claiming an interest in the attached property or any portion thereof may, notwithstanding that no notice has been served upon him under this section, make an objection as aforesaid to the special judge at any time before an order is passed under subsection (1) or sub-section (3), as the case may be, of section 18d18d (1) if no cause is shown and no objections are made under section 18c on or before the specified date in the notice issued under sub-section (2) of section 18c, the special judge shall forthwith pass an order making the ad interim order of attachment absolute(2) if cause is shown or any objections are made under section 18c, the special judge shall proceed to inquire the same and in so doing, as regards the examination of the parties and in all other respects he shall, subject to the provisions of this chapter, follow the procedure and exercise all the powers of a court in hearing a suit under the code of civil procedure, 1908 and any person making an objection under section 18c shall be required to adduce evidence to show that on the date of the attachment he had some interest in the propoerty attached(3) after inquiry under sub-section (2), the special judge shall pass an order either making the ad interim order of attachment absolute or varying it by releasing a portion of the property from attachment or withdrawing the order:provided that the special judge shall not—(a) release from attachment any interest which he is satisifed that the person believed to have committed an offence under this act, has in the property, unless he is also satisfied that there will remain under attachment an amount of the said person's property of value not less than that of the property believed to have been procured by the said person by means of the offence; or(b) withdraw the order of attachment unless he is satisifed that the said person has not by means of the offence procured any money or other property 18e (1) where the assets available for attachment of a person believed to have committed any offence under this act are found to be less than the amount or value which he is believed to have procured by means of such offence, and where the special judge is satisfied, by affidavit or otherwise, that there is reasonable cause for believing that the said person has, after the date on which the offence is alleged to have been committed, transferred any of his property otherwise than in good faith and for consideration, the special judge may by notice require any transferee of such property (whether or not he received the property directly from the said person) to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of property transferred should not be attached50(2) where the said transferee does not appear and show cause on the date specified in the notice under sub-section (1), or where after inquiry in the manner provided in sub-section (2) of section 18d, the special judge is satisfied that the transfer of the property to the said transferee was not in good faith and for consideration, the special judge shall order the attachment of so much of the said transferee's property as is, in the opinion of the special judge equivalent to the proper value of the property, transferredexecution of orders of attachment5 of 190818f an order of attachment of property under this chapter shall be carried intoeffect, so far as may be practicable, in the manner provided in the code of civil procedure, 1908 for the attachment of property in execution of a decree5security inlieu of attachment18g any person whose property has been or is about to be attached under thischapter may, at any time, apply to the special judge to be permitted to give security inlieu of such attachment and where the security offered and given is in the opinion of the special judge, satisfactory and sufficient, he may withdraw or, as the case may be, refrain from passing the order of attachment10administration of attachment18h (1) the special judge may, on the application of any person interested inany property attached under this chapter and after giving the officer or any other person authorised in this behalf by the state government or, as the case may be, the central government, an opportunity of being heard, make such orders as the special judge considers just and reasonable for—15(a) providing from such attached property, as the applicant claims, aninterest in, such sums as may be reasonably necessary for the maintenance of the applicant and of his family, and for the expenses connected with the defence of the applicant where criminal proceedings have been instituted against him in any court for the offence;20(b) safeguarding, so far as may be practicable, the interests of any businessaffected by the attachment, and in particular, the interests of any partners in such business25(2) where it appears to the special judge to be just and convenient, he may, byorder appoint a receiver to manage any property attached under this chapter in accordance with such instructions as the special judge may, from time to time, think fit to give and where a receiver is so appointed, the provisions of rules 2, 3, 4 and 5 of order xl of the first schedule to the code of civil procedure, 1908 shall be applicable5 of 1908duration ofattachment18 i an order of attachment of property under this act shall, unless it is withdrawnearlier in accordance with the provisions of this act, continue in force—30 35(a) where no court has taken cognizance of the alleged offence at the timewhen the order is applied for, one year from the date of the order under subsection (1) of section 18c or sub-section (2) of section 18e, as the case may be, unless cognizance of such offence is, in the meantime taken by the court, or unless the special judge on application by the investigating officer showing reasons for non-completion of the investigation and if the judge is satisfied that reasonable grounds exist, extends further period of attachment not exceeding six months;40(b) where a court has taken cognizance of the alleged offence whetherbefore or after the time when the order of attachment of property is made by the court, until orders are passed by the special judge in accordance with the provisions of this act, upon the termination of the criminal proceedings in respect of the disposal of such propertyappeals4518j (1) the state government or, as the case may be, the central government or anyperson who has shown cause under section 18c or section 18e or has made an objection under section 18c or has made an application under section 18g or section 18h, if aggrieved by any order of the special judge under any of the foregoing provisions of this chapter, may appeal to the high court within thirty days from the date on which the order appealed against was passed(2) upon any appeal under sub-section (1), the high court may, after giving such parties as it thinks proper an opportunity of being heard, pass such orders as it thinks fit505court to evaluate property procured by offence1015 202530disposal of attached property upon termination of criminal proceedings3540 455055(3) until an appeal under sub-section (1) is finally disposed of by the high court, no court shall, otherwise than in accordance with the provisions of section 18g or section 18l, pass any order in respect of the attachment of the property to which the appeal relates18k (1) where before judgment is pronounced in any criminal trial for any offence under this act, it is represented to the court that an order of attachment of property has been passed under this chapter in connection with such offence, the court shall, if it is convicting an accused, record a finding as to the amount of money or value of other property procured by the accused by means of the offence(2) in any appeal or revisional proceedings against such conviction, the appellate or revisional court shall unless it sets aside the conviction, either confirm such finding or modify it in such manner as it thinks proper(3) in any appeal or revisional proceedings against an order of acquittal passed in a trial, such as, is referred to in sub-section (1), the appellate or revisional court, if it convicts the accused, shall record a finding, such as is referred to in that sub-section(4) where the accused is convicted of any offence under this act and where it appears that the offence has caused loss to more than one government or authority or corporation or government company referred to in sub-clause (iii) of clause (c) of section 2, the court shall, in the concerned finding referred to in the foregoing sub-sections, indicate the amount of loss sustained by each such government or authority or corporation or government company, as the case may be(5) where the accused is convicted in the same trial of one or more offences specified under this act, the court shall, in the concerned finding referred to in the foregoing sub-sections, indicate separately the amounts procured by means of the two classes of offences18l (1) upon the termination of any criminal proceedings for any offence under this act in respect of which any order of attachment of property has been made under this chapter or security given to in lieu thereof, the officer or any other person authorised by the state government or, as the case may be, the central government in this behalf shall, without delay inform the special judge, and shall where criminal proceedings have been taken in any court, furnish the special judge with a copy of the judgment or order of the trying court and with copies of the judgment or orders, if any, of the appellate or revisional court thereon(2) where it is reported by the officer or any other person referred to in sub-section (1) to the special judge that cognizance of the alleged offence has not been taken or where the final judgment or order of the court is one of acquittal, the special judge shall forthwith withdraw any orders of attachment of property made in connection with the offence, or where security has been given in lieu of such attachment, order such security to be returned(3) where the final judgment or order of the court is one of conviction, the special judge shall order that from the property of the convicted person attached under this chapter or out of the security given in lieu of such attachment, there shall be forfeited to the central government or the state government, as the case may be, such amount or value as is found in the final judgment or order of the court in pursuance of section 18k, to have been procured by the convicted person by means of the offence, together with the costs of attachment as determined by the special judge and where the final judgment or order of the court has imposed or upheld a sentence of fine on the said person (whether alone or in conjunction with any other punishment), the special judge may order, without prejudice to any other mode of recovery, that the said fine shall be recovered from the residue of the said attached property or the security given in lieu of attachment(4) where the amounts ordered to be forfeited or recovered under sub-section(3) exceed the value of the property of the convicted person attached, and where the property of any transferee of the convicted person has been attached under section 18e, the special judge shall order that the balance of the amount ordered to be forfeited under sub-section (3) together with the costs of attachment of the transferee's property as determined by the special judge shall be forfeited to the government from the attached property of the transferee or out of the security given in lieu of such attachment, and the special judge may order without prejudice to any other mode of recovery that any fine referred to in sub-section (3) or any portion thereof not recovered under that sub-section shall be recovered from the attached property of the transferee or out of the security given in lieu of such attachment510(5) if any property remains under attachment in respect of any offence under this act or any security given to in lieu of such attachment remains with the special judge after his orders under sub-sections (3) and (4) have been carried into effect, the order of attachment in respect of such property remaining shall be forthwith withdrawn or, as the case may be, the remainder of the security shall be returned, under the orders of the special judge15(6) every sum ordered to be forfeited under this section in connection with any offence under this act shall, after deduction of the costs of attachment as determined by the special judge, be credited to the government or authority or corporation or government company referred to in sub-clause (iii) of clause (c) of section 2 of the act, to which the offence has caused loss, or where there is more than one such government or authority or corporation or government company, as the case may be, the sum shall after such deduction as aforesaid, be distributed among them in proportion to the loss sustained by each20bar to other proceedings18m save as provided in section 18j and notwithstanding anything contained in any other law,—| ( | a | ) no suit or other legal proceeding shall be maintainable in any court— ||---------------------------------------------------------------------------|-----|---------------------------------------------------------------------------|| 25 | | || ( | i | ) in respect of any property ordered to be forfeited under section || 18l, or which has been taken in recovery of fine in pursuance of an order | | || under that section; or | | || ( | ii | ) while any other property is attached under this chapter, in respect || of such other property, | | |by any person upon whom a notice has been served under section 18c or section 18e or who has made an objection under sub-section (4) of section 18c; and30(b) no court shall, in any legal proceeding or otherwise, pass any decree ororder, other than a final decree to a suit by a person not being a person referred to in clause (a), which shall have the effect of nullifying or affecting in any way any subsisting order of attachment of property under this chapter, or the right of the special judge to hold security in lieu of any such order of attachment3518n no suit, prosecution or other legal proceeding shall lie against any person for anything in good faith done or intended to be done in pursuance of this chapter'protection of action taken in good faith10 in section 19 of the principal act, in sub-section (1),—amendment of section 19(i) for the words and figures "sections 7, 10, 11, 13 and 15", the words and figures"sections 7, 13 and 15" shall be substituted;40(ii) in clause (a), for the words "who is employed", the words "who is employed, or as the case may be, was at the time of commission of the alleged offence employed" shall be substituted;45(iii) in clause (b), for the words "who is employed", the words "who is employed, or as the case may be, was at the time of commission of the alleged offence employed" shall be substituted;(iv) after clause (c), the following provisos shall be inserted, namely:—provided that no request can be made, by a person other than a police officer or an officer of an investigation agency or other law enforcement authority, to the appropriate government or competent authority, as the case may be, for the previous sanction of such government or authority for taking cognizance by the court of any of the offences specified in this sub-section, unless—| ( | i | ) such person has filed a complaint in a competent court about the ||-----------------------------------------------------------------------------------|-----|----------------------------------------------------------------------|| alleged offences for which the public servant is sought to be prosecuted; | | || and | | || 5 | | || 2 of 1974 | | || ( | ii | ) the court has not dismissed the complaint under section 203 of || the code of criminal procedure, 1973 and directed the complainant to | | || obtain the sanction for prosecution against the public servant for further | | || proceeding: | | || 10 | | || provided further that in the case of request from the person other than a | | || police officer or an officer of an investigating agency or other law enforcement | | || authority, the appropriate government or competent authority shall not accord | | || sanction to prosecute a public servant without providing an opportunity of | | || being heard to the concerned public servant: | | || 15 | | || provided also that the appropriate government or the competent authority, | | || as the case may be, shall convey its decision under this sub-section within a | | || period of three months, which may, for reasons to be recorded in writing by the | | || appropriate government or the competent authority, that the consultation with | | || the attorney general or the advocate general, as the case may be, is required, be | | || extended by a further period of one month" | | || 20 | | |11 for section 20 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 2025"20 where, in any trial of an offence punishable under section 7, it is proved that an accused person has accepted or obtained or has agreed to receive or attempted to obtain for himself, or for any other person, any financial or other advantage from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or agreed to accept or attempted to obtain that financial or other advantage, as the case may be, intending that, in consequence, a relevant public function or activity would be performed improperly either by himself or by another public servant"presumption where public servant accepts financial or other advantage or any valuable thing12 in the criminal law amendment ordinance, 1944, in the schedule,—38 of 194430amendment of ordinance(i) paragraph 4a shall be omitted; (ii) in paragraph 5, for the words, figures and letter "items 2, 3, 4 and 4a", thewords and figures "items 2, 3 and 4" shall be substituted35amendment of act 25 of 194613 in the delhi special police establishment act, 1946, in section 6a, in sub-section (1), after the words "where such allegation relates to", the words "the persons who are or have been" shall be inserted statement of objects and reasonsthe prevention of corruption act, 1988 provides for prevention of corruption and for matters connected therewith the ratification by india of the united nations convention against corruption, the international practice on treatment of the offence of bribery and corruption and judicial pronouncements have necessitated a review of the existing provisions of the act and the need to amend it so as to fill in gaps in description and coverage of the offence of bribery so as to bring it in line with the current international practice and also to meet more effectively, the country's obligations under the aforesaid convention hence, the present bill2 the salient features of the bill, inter alia, are as follows:—(a) section 7 of the act at present covers the offence of public servant taking gratification other than legal remuneration in respect of an official act the definition of offence is proposed to be substituted by a new comprehensive definition which covers all aspects of passive bribery, including the solicitation and acceptance of bribe through intermediaries and also acts of public servants acting outside their competence;(b) the act at present does not contain any provisions directly dealing with active domestic bribery, that is, the offence of giving bribe section 12 of the act which provides for punishment for abetment of offences defined in section 7 or section 11, covers the offence indirectly section 24 provides that a statement made by a bribegiver in any proceeding against a public servant for an offence under sections 7 to 11, 13 and 15 of the act shall not subject him to prosecution under section 12 experience has shown that in a vast majority of cases, the bribe-giver goes scot free by taking resort to the provisions of section 24 and it becomes increasingly difficult to tackle consensual bribery the aforesaid convention enjoins that the promise, offering or giving, to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties, be made a criminal offence accordingly, it is proposed to substitute a new section 8 to meet the said obligation;(c) as the proposed new definitions of bribery, both as regards the solicitation and acceptance of undue advantage and as regards the promise, offering or giving, to a public official, directly or indirectly, of an undue advantage, are found to be comprehensive enough to cover all offences presently provided in section 8 which covers taking gratification, in order, by corrupt or illegal means, to influence public servant; section 9 which covers taking gratification, for exercise of personal influence with public servant; section 10 which provides for punishment for abetment by public servant of offences defined in section 8 or section 9; and section 11 which provides for public servant obtaining valuable thing without consideration from person concerned in proceeding or business transacted by such public servant; and also the offences presently defined in clauses (a), (b) and (d) of sub-section (1) of section 13 of the act which covers criminal misconduct by a public servant, it is proposed to omit the said sections;(d) it is proposed to substitute section 9 to provide punishment for the offence relating to bribing a public servant by a commercial organisation a commercial organisation will be guilty of this offence if any person associated with it offers, promises or gives a financial or other advantage to a public servant intending to obtain or retain business or some advantage in the conduct of business for the commercial organisation the proposed section 10 provides for punishment of persons in charge of a commercial organisation which has been guilty of the offence under the proposed section 9;(e) section 12 at present provides for punishment for abetment of offences defined in section 7 or section 11 it is proposed to substitute section 12 of the act to provide punishment for abetment of all offences under the act;(f) it is proposed to substitute sub-section (1) of section 13 with a new subsection so as to omit the existing clauses (a), (b) and (d) of sub-section (1) as mentioned above; to incorporate the element of intentional enrichment in the existing clause (e)relating to possession of disproportionate assets by a public servant; and to modify the definition of "known sources of income" as contained in explanation, to mean income received from any lawful source, that is, by doing away with the requirement of intimation in accordance with any law, rules or orders applicable to a public servant;(g) section 14 at present provides for habitual commission of offences under sections 8, 9 and 12 it is proposed to substitute section 14 of the act to provide punishment for habitual commission of all offences under the act;(h) the prevention of corruption act, at present, does not specifically provide for the confiscation of bribe and the proceeds of bribery a bill, namely, the prevention of corruption (amendment) bill, 2008, to amend the prevention of corruption act,1988, providing, inter alia, for insertion of a new chapter iva in the prevention of corruption act for the attachment and forfeiture of property of corrupt public servants on the lines of the criminal law (amendment) ordinance, 1944, was introduced in the lok sabha on 19th december, 2008 and was passed by the lok sabha on 23rd december, 2008 however, the said bill lapsed due to dissolution of the fourteenth lok sabha it is proposed to insert similar provisions on the lines of the 2008 bill in the prevention of corruption act;(i) the prevention of corruption (amendment) bill, 2008 had proposed an amendment to section 19 of the act on the lines of section 197 of the code of criminal procedure, 1973 for extending protection of prior sanction of the government or competent authority after retirement or demittance of office by a public servant so as to provide a safeguard to a public servant from vexatious prosecution for any bona fide omission or commission in the discharge of his official duties the said bill having lapsed, this protection is, at present, not available for a person who has ceased to be a public servant section 19 is, therefore, proposed to be amended to provide the said protection to the persons who ceased to be public servants on the lines of the said bill further, in the light of a recent judgment of the supreme court, the question of amending section 19 of the act to lay down clear criteria and procedure for sanction of prosecution, including the stage at which sanction can be sought, timelines within which order has to be passed, was also examined by the central government and it is proposed to incorporate appropriate provisions in section 19 of the act;(j) section 6a of the delhi special police establishment act, 1946 contains a protection of prior approval of the central government in respect of officers working at policy making levels in the central government before any inquiry or investigation is conducted against them by the delhi special police establishment the basic principle behind the protection under section 19 of the prevention of corruption act, 1988 and section 6a of the delhi special police establishment act, 1946, being the same, namely, protection of honest civil servants from harassment by way of investigation or prosecution for things done in bona fide performance of public duty, it is felt that the protection under both these provisions should be available to public servants even after they cease to be public servants or after they cease to hold sensitive policy level positions, as the case may be accordingly, it is proposed to amend section 6a of the delhi special police establishment act, 1946 for extending the protection of prior approval of the central government before conducting any inquiry or investigation in respect of offences under the prevention of corruption act, 1988, to civil servants holding such senior policy level positions even after they cease to hold such positions due to reversion or retirement or other reasons 3 the bill seeks to achieve the above objectives annexure extracts from the prevention of corruption act, 1988 (49 of 1988) 5 (1) procedure and powers of special judge(6) a special judge, while trying an offence punishable under this act, shall exercise all the powers and functions exercisable by a district judge under the criminal law amendment ordinance, 1944ord 38 of 1944 chapter iii offences and penaltiespublic servant taking gratification other than legal remuneration in respect of an official act7 whoever, being, or expecting to be a public servant, accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the central government or any state government or parliament or the legislature of any state or with any local authority, corporation or government company referrred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fineexplanations—(a) "expecting to be a public servant" if a person not expecting to be in office obtains a gratification by deceiving others into a belief that he is about to be in office, and that he will then serve them, he may be guilty of cheating, but he is not guilty of the offence defined in this section(b) "gratification" the word "gratification" is not restricted to pecuniary gratifications or to gratifications estimable in money(c) "legal remuneration" the words "legal remuneration" are not restricted to remuneration which a public servant can lawfully demand, but include all remuneration which he is permitted by the government or the organisation, which he serves, to accept(d) "a motive or reward for doing" a person who receives a gratification as a motive or reward for doing what he does not intend or is not in a position to do, or has not done, comes within this expression(e) where a public servant induces a person erroneously to believe that his influence with the government has obtained a title for that person and thus induces that person to give the public servant, money or any other gratification as a reward for this service, the public servant has committed an offence under this section 8 whoever accepts or obtains, or agrees to accept, or attempts to obtain, from any person, for himself or for any other person, any gratification whatever as a motive or reward for inducing, by corrupt or illegal means, any public servant, whether named or otherwise, to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the central government or any state government or taking gratification, in order, by corrupt or illegal means, to influence public servantparliament or the legislature of any state or with any local authority, corporation or government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to finetaking gratification, for exercise or personal influence with public servant9 whoever accepts or obtains or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gratification whatever, as a motive or reward for inducing, by the exercise of personal influence, any public servant whether named or otherwise to do or to forbear to do any official act, or in the exercise of the official functions of such public servant to show favour or disfavour to any person, or to render or attempt to render any service or disservice to any person with the central government or any state government or parliament or the legislature of any state or with any local authority, corporation or government company referred to in clause (c) of section 2, or with any public servant, whether named or otherwise, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine10 whoever, being a public servant, in respect of whom either of the offences defined in section 8 or section 9 is committed, abets the offence, whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to finepunishment for abetment by public servant of offences defined in section 8 or 9public servant obtaining valuable thing, without consideration from person concerned in proceeding or business transacted by such public servant11 whoever, being a public servant, accepts or obtains or agrees to accept or attempts to obtain for himself, or for any other person, any valuable thing without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to fine12 whoever abets any offence punishable under section 7 or section 11 whether or not that offence is committed in consequence of that abetment, shall be punishable with imprisonment for a term which shall be not less than six months but which may extend to five years and shall also be liable to finepunishment for abetment of offences defined in section 7 or 1113 (1) a public servant is said to commit the offence of criminal misconduct,—criminal misconduct by a public servant(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in section 7; or(b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned; or(c) if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do; or(d) if he,—(i) by corrupt or illegal means, obtains for himself or for any other person any valuable thing or pecuniary advantage; or(ii) by abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage; or(iii) while holding office as a public servant, obtains for any person any valuable thing or pecuniary advantage without any public interest; or (e) if he or any person on his behalf, is in possession or has, at any time during the period of his office, been in possession for which the public servant cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income explanation—for the purposes of this section, "known sources of income" means income received from any lawful source and such receipt has been intimated in accordance with the provisions of any law, rules or orders for the time being applicable to a public servant [10] m c14 whoever habitually commits,—(a) an offence punishable under section 8 or section 9; or (b) an offence punishable under section 12, habitual committing of offence under sections 8, 9 and 12shall be punishable with imprisonment for a term which shall not be less than two years but which may extend to seven years and shall also be liable to finepunishment for attempt15 whoever attempts to commit an offence referred to in clause (c) or clause (d) of sub-section (1) of section 13 shall be punishable with imprisonment for a term which may extend to three years and with fine [10] m c chapter v sanction for prosecution and other miscellaneous provisions19 (1) no court shall take cognizance of an offence punishable under sections 7, 10,11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction,—previous sanction necessary for prosecution(a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government;(b) in the case of a person who is employed in connection with the affairs of a state and is not removable from his office save by or with the sanction of the state government, of that government;(c) in the case of any other person, of the authority competent to remove him from his office [10] m cpresumption where public servant accepts gratification other than legal remuneration20 (1) where, in any trial of an offence punishable under section 7 or section 11 or clause (a) or clause (b) of sub-section (1) of section 13 it is proved that an accused person has accepted or obtained or has agreed to accept or attempted to obtain for himself, or for any other person, any gratification (other than legal remuneration) or any valuable thing from any person, it shall be presumed, unless the contrary is proved, that he accepted or obtained or agreed to accept or attempted to obtain that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 7 or, as the case may be, without consideration or for a consideration which he knows to be inadequate(2) where in any trial of an offence punishable under section 12 or under clause (b) of section 14, it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by an accused person, it shall be presumed, unless the contrary is proved, that he gave or offered to give or attempted to give that gratification or that valuable thing, as the case may be, as a motive or reward such as is mentioned in section 7, or, as the case may be, without consideration or for a consideration which he knows to be inadequate(3) notwithstanding anything contained in sub-sections (1) and (2), the court may decline to draw the presumption referred to in either of the said sub-sections, if the gratification or thing aforesaid is, in its opinion, so trivial that no interference of corruption may fairly be drawn _______ extracts from the criminal law amendment ordinance, 1944 (ord 38 of 1944) the schedule(see section 2)offences in connection with which property is liable to be attached| ||-------------|| 49 of 1988 |4a an offence punishable under the prevention of corruption act, 1988| | | | | ||------|------|------|------|-----|5 any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in items 2, 3,4 and 4a ———— extract from the delhi special police establishment act, 1946 (25 of 1946)| ||----------------|| 49 of 1988 || approval of || central || government || to conduct || inquiry or || investigation |6a (1) the delhi special police establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the prevention of corruption act, 1988 except with the previous approval of the central government where such allegation relates to—(a) the employees of the central government of the level of joint secretary and above; and(b) such officers as are appointed by the central government in corporations established by or under any central act, government companies, societies and local authorities owned or controlled by that government ———— a billfurther to amend the prevention of corruption act, 1988————(shri rabindra kumar jena, mp )gmgipmrnd—367ls(s3)—03-05-2016 | Parliament_bills | 05bc4c27-1c9b-5d9a-aa76-cd28f9b043b0 |
the jawaharlal institute of post-graduate medical education and research, puducherry bill, 2007 a billto declare the institution known as the jawaharlal institute of post-graduate medicaleducation and research, puducherry, to be an institution of national importance and to provide for its incorporation and 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 jawaharlal institute of post-graduate medical education and research, puducherry act, 2007short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 whereas the objects of the institution known as the jawaharlal institute of post-graduate medical education and research, puducherry in the union territory of puducherry are such as to make the institution one of national importance, it is hereby declared that the institution known as the jawaharlal institute of post-graduate medical education and research, puducherry is an institution of national importancedeclaration of jawaharlal institute of post-graduate medical education and research, puducherry, as an institution of national importancedefinitions3 in this act, unless the context otherwise requires,—(a) "fund" means the fund of the institute referred to in section 16; (b) "governing body" means the governing body of the institute; (c) "institute" means the institution known as the jawaharlal institute of post-graduate medical education and research, puducherry, incorporated under this act;(d) "member" means a member of the institute; (e) "prescribed" means prescribed by rules made under this act; (f) "specified" means specified by regulations made under this actincorporation of institute4 the jawaharlal institute of post-graduate medical education and research, puducherry, an institute functioning under the union minister of health and family welfare, is hereby constituted a body corporate by the name aforesaid and as such body corporate, it shall have perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dipose of property and to contract and shall, by that name, sue and be sued5 (1) the institute shall consist of the following members, namely:—composition of institute(a) the minister in charge of health and family welfare - president; (b) secretary to the government of india in the ministry or department of health and family welfare, ex officio;(c) the vice-chancellor of the puducherry university, ex officio; (d) the vice-chancellor of the tamil nadu dr mg r medical university, tamil nadu, ex officio;(e) the director-general of health services, government of india, ex officio;(f) the director of the institute, ex officio;(g) chief secretary, government of puducherry, ex officio;(h) secretary to the government of india or his nominee (not below the rank of joint secretary) in the department of expenditure, ministry of finance, ex officio;(i) secretary to the government of india or his nominee (not below the rank of joint secretary) in the department of higher education, ministry of human resource development, ex officio;(j) seven persons of whom one shall be a non-medical scientist representing the indian science congress association, to be nominated by the central government in such manner as may be prescribed;(k) four representatives of the medical faculties of indian universities to be nominated by the central government in such manner as may be prescribed; and(l) two members of parliament from the union territory of puducherry, one each from lok sabha to be nominated by the speaker of lok sabha, and from rajya sabha to be nominated by the chairman of the rajya sabha(2) it is hereby declared that the office of member of the institute shall not disqualify its holder for being chosen as, or for being, a member of either house of parliament6 (1) save as otherwise provided in this section, the term of office of a member shall be five years from the date of his nominationterm of office of, and vacancies among members(2) the term of office of a member nominated under clause (l) of sub-section (1) of section 5 shall come to an end as soon as he becomes a minister or minister of state or deputy minister or the speaker or the deputy speaker of the lok sabha or the deputy chairman of the rajya sabha or ceases to be a member of the house from which he was nominated(3) the term of office of an ex officio member shall continue so long as he holds the office by virtue of which he is such a member(4) the term of office of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he is nominated(5) an out-going member other than a member nominated under clause (l) of subsection (1) of section 5 shall, unless the central government otherwise directs, continue in office until another person is nominated as a member in his place(6) an out-going member shall be eligible for re-nomination (7) a member may resign his office by writing under his hand addressed to the central government but he shall continue in office until his resignation is accepted by that government(8) the manner of filling vacancies among members shall be such as may be prescribed7 the president shall exercise such powers and discharge such functions as are laid down in this act or as may be prescribedpowers and functions of president 8 the president and other members shall receive such allowances from the institute as may be prescribedallowances of president and members meetings of institute9 the institute shall hold its first meeting at such time and place as may be appointed by the central government and shall observe such rules of procedure in regard to the transaction of business at the first meeting as may be laid down by that government; and thereafter, the institute shall meet at such times and places and observe such rules of procedure in regard to the transaction of business at its meetings as may be specified10 (1) there shall be a governing body of the institute which shall be constituted by the institute in such manner as may be specified:governing body and other committees of instituteprovided that the number of persons who are not members of the institute shall not exceed one-third of the total membership of the governing body(2) the governing body shall be the executive committee of the institute and shall exercise such powers and discharge such functions as the institute may specify in this behalf(3) the president of the institute shall be the chairperson of the governing body and as chairperson thereof he shall exercise such powers and discharge such functions as may be specified(4) the procedure to be followed in the exercise of its powers and discharge of its functions by the governing body, and the term of office of, and the manner of filling vacancies among the members of the governing body shall be such as may be specified(5) subject to such control and restrictions as may be prescribed, the institute may constitute as many standing committees and as many ad hoc committees as it thinks fit for exercising any power or discharging any function of the institute or for inquiring into, or reporting or advising upon, any matter which the institute may refer to them(6) the chairperson and members of the governing body and the chairperson and the members of a standing committee or an ad hoc committee shall receive such allowances, as may be specifiedstaff of11 (1) there shall be a chief executive officer of the institute who shall be designated as the director of the institute and shall, subject to such rules as may be prescribed, be appointed by the institute:provided that the first director of the institute shall be appointed by the central government(2) the director shall act as the secretary to the institute as well as the governing body(3) the director shall exercise such powers and discharge such functions as may be specified, or as may be delegated to him by the institute or the president of the institute or the governing body or the chairperson of the governing body(4) subject to such rules as may be prescribed, the institute may appoint such number of other officers and employees as may be necessary for the exercise of its powers and discharge of its functions and may determine the designations and grades of such other officers and employees(5) subject to such rules as may be prescribed, the director and other officers and employees of the institute shall be entitled to such salary and allowances and shall be governed by such conditions of service in respect of leave, pension, provident fund and other matters as may be specified12 the objects of the institute shall be—objects of institute(a) to develop patterns of teaching in undergraduate and postgraduate medical education in all its branches so as to demonstrate a high standard of medical education;(b) to bring together, as far as may be, in one place educational facilities of the highest order for the training of personnel in all important branches of health activity; and(c) to attain self-sufficiency in postgraduate medical education to meet the country's needs for specialists and medical teachersfunctions of institute13 with a view to the promotion of the objects specified in section 12, the institute may—(a) provide for undergraduate and postgraduate teaching in the science of modern medicine and other allied sciences, including physical and biological sciences;(b) provide facilities for research in the various branches of such sciences;(c) provide for the teaching of humanities;(d) conduct experiments in new methods of medical education, both undergraduate and postgraduate, in order to arrive at satisfactory standards of such education;(e) specify courses and curricula for both undergraduate and postgraduate studies;(f) notwithstanding anything contained in any other law for the time being in force, establish and maintain—(i) one or more medical colleges with different departments, including a department of preventive and social medicine, sufficiently staffed and equipped to undertake not only undergraduate medical education but also postgraduate medical education in different subjects,(ii) one or more well-equipped hospitals, (iii) a dental college with such institutional facilities for the practice of dentistry and for the practical training of students as may be necessary,(iv) a nursing college sufficiently staffed and equipped for the training ofnurses,(v) rural and urban health organisations which will form centres for the field training of the medical, dental and nursing students of the institute as well as for research into community health problems, and(vi) other institutions for the training of different types of health workers, such as physiotherapists, occupational therapists, pharmacists, drug analysts and medical technicians of various kinds; (g) train teachers from different medical colleges in india; (h) hold examinations and grant such degrees, diplomas and other academic distinctions and titles in undergraduate and postgraduate medical education as may be laid down in the regulations;(i) institute, and appoint persons to, professorships, readerships, lecturerships and posts of any description in accordance with regulations;(j) receive grants from the government and gifts, donations, benefactions, bequests and transfers of properties, both movable and immovable, from donors, benefactors, testators or transferors, as the case may be;(k) deal with any property belonging to, or vested in, the institute in any manner which is considered necessary for promoting the objects specified in section 12;(l) demand and receive such fees and other charges as may be specified; (m) construct quarters for its staff and allot such quarters to the staff in accordance with such regulations as may be made in this behalf;(n) borrow money, with the prior approval of the central government, on the security of the property of the institute;(o) do all such other acts and things as may be necessary to further the objects specified in section 12vesting of property14 the properties of the jawaharlal institute of post-graduate medical education and research, puducherry which vested in the central government shall, on the commencement of this act, vest in the institutepayment to institute15 the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as may be considered necessary by that government for the exercise of its powers and discharge of its functions under this act16 (1) the institute shall maintain a fund to which shall be credited—fund of institute(a) all moneys provided by the central government; (b) all fees and other charges received by the institute;(c) all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and(d) all moneys received by the institute in any other manner or from any other source (2) all moneys credited to the fund shall be deposited in such banks or invested in such manner as the institute may, which the approval of the central government, decide(3) the fund shall be supplied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its functions under section 13budget of institute17 the institute shall prepare in such form and at such time every year a budget inrespect of the financial year next ensuing showing the estimated receipts and expenditure of the institute and shall forward to the central government such number of copies thereof as may be prescribedaccounts and audit18 (1) the institute shall maintain proper accounts and other relevant records andprepare and annual statement of accounts including the balance-sheet in such form as the central government may by rules prescribe, and in accordance with such general directions as may be issued by that government, in consultation with the comptroller and auditor- general of india(2) the accounts of the institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptorller and auditor-general of india(3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general of india has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute as well as of the institutions established and maintained by it(4) the accounts of the institute 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 parliamentannual report19 the institute shall prepare for every year a report of its activities during that yearand submit the report to the central government in such form and on or before such date as may be prescribed and a copy of this report shall be laid before both houses of parliament within one month of its receiptpension and provident funds20 (1) the institute shall constitute for the benefit of its officers, teachers and otheremployees in such manner and subject to such conditions as may be specified by regulations, such pension and provident funds as it may deem fit19 of 1925(2) where any such pension or provident fund has been constituted, the central government may declare that the provisions of the provident funds act, 1925, shall apply to, such fund as if it were a government provident fundauthentication of orders and instruments of institute21 all orders and decisions of the institute shall be authenticated by the signature of the director or any other member authorised by the institute in this behalf and all other instruments shall be authenticated by the signature of such officers as may be authorised by the instituteacts and proceedings not to be invalidated by vacancies, etc22 no act done or proceeding taken by the institute, governing body or any standing or ad hoc committee under this act shall be questioned on the ground merely of the existence of any vacancy in, or defect in the constitution of, the institute, governing body or such standing or ad hoc committee23 notwithstanding anything contained in any other law for the time being in force, the institute shall have the power to grant medical, dental nursing degrees, diplomas and other academic distinctions and titles under this act12 of 1956 16 of 1948 48 of 1947grant of medical degrees, diplomas, etc, by institute recognition of medical qualifications granted by institute24 notwithstanding anything contained in the indian medical council act, 1956 the dentist act, 1948, the indian nursing council act, 1947, the medical degrees and diplomas, dental degrees and nursing degrees granted by the institute under this act shall be recognised medical qualifications for the purposes of the acts aforesaid and shall be deemed to be included in the schedules to the respective acts25 the institute shall carry out such directions as may be issued to it from time to time by the central government for the efficient administration of this actcontrol by central government resolution of differences26 if in, or in connection with, the exercise of its powers and discharge of its functions by the institute under this act, any dispute or difference arises between the institute and the central government, the decision of the central government thereon shall be final| returns ||--------------|| information |27 the institute shall furnish to the central government such reports, returns and other information as that government may require from time to timetransfer of service of existing employees28 (1) on and from the date of commencement of this act, every employee holding office under the jawaharlal institute of post-graduate medical education and research, puducherry, immediately before that date shall hold his office in the institute by the same tenure and upon the same terms and conditions of service including remuneration, leave, provident fund retirement and other terminal benefits as he would have held such office if the institute had not been incorporated and shall continue to do so as an employee of the institute or until the expiry of the period of six months from that date if such employee opts not to be the employee of the institute(2) the provisions of sub-section (1) shall also apply to the members of the central health service, the central secretariat service or any other service or to persons borne on cadre outside the institute who have been working in the institute immediately before the date of commencement of this act:provident that where any such member intimates within the time specified in subsection (1) his intension of not becoming an employee of the institute but to continue on deputation, he may be allowed to continue on deputation, in accordance with such terms and conditions as may be prescribed:provident further that on and from the date of commencement of this act, the appointment of the officers, belonging to the central health service, to the institute shall be determined in such manner and in accordance with such terms and conditions as may be prescribed(3) the officers and employees holding office under the jawaharlal institute of post-graduate medical education and research, puducherry immediately before the date of commencement of this act, shall become the officers and employees of the institute with such designations as the institute may determine and shall be governed by such regulations as may be made as respects remuneration and other conditions of service including pension, leave and provident fund and shall continue to be an officer or employee of the institute unless and until his employment is terminated by the institute(4) every officer or other employee of the jawaharlal institute of post-graduate medical education and research, puducherry, shall, within six months from the date of commencement of this act, exercise his option, in writing, to be governed—(a) by the scale of pay applicable to the post held by him in the jawaharlal institute of post-graduate medical education and research, puducherry immediately before the date of such commencement, or the scale applicable to the post under the institute to which he is appointed; and(b) by the leave, provident fund, retirement or other terminal benefits admissible to the employees of the central government in accordance with the rules or orders of the central government, as amended from time to time, or the leave provident fund or other terminal benefits admissible to the employees of the institute under the regulations, and such option once exercised under this act shall be final: provided that the option exercised under clause (a) by an officer or other employee shall be applicable only in respect of the post under the institute to which such officer or other employee is appointed and an appointment to a higher post under institute he shall be eligible only for the scale of pay applicable to such higher post:provided further that if immediately before the date of his appointment any such officer or other employee is officiating in a higher post under the government either in a leave vacancy or any other vacancy of a specified duration his pay on such appointment shall be protected for the unexpired period of such vacancy and thereafter, he shall be entitled to the scale of pay applicable to the post under the government to which he would have reverted or to the scale of pay applicable to the post under the institute to which he is appointed, whichever he may opt:provided also that when an officer or other employee serving in the union ministry of health or in any of its attached or subordinate offices is promoted to officiate in a higher post in the ministry or office subsequent to the appointment to the institute of any other officer or employee senior to him in that ministry or office before such appointment, the officer or other employee who is promoted to officiate in such higher post shall on appointment to the institute, be entitled only to the scale of pay applicable to the post he would have held but for such promotion or the scale of pay applicable to the post under the institute to which he is appointed, whichever he may opt(5) no officer or other employee appointed under sub-section (2),—(a) shall be dismissed or removed by an authority subordinate to the authority competent to make a similar or equivalent appointment under the institute as may be specified;(b) shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges: provided that where it is proposed after such inquiry to impose upon him any such penalty, such penalty may be imposed on the basis of evidence adduced during such inquiry and it shall not be necessary to give such person an opportunity of making representation on the proposed penalty:provided further that clause (b) shall not apply where an officer or other employee is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge(6) subject to the provisions contained in sub-sections (1) and (3), the tenure, remuneration and terms and conditions of service including pension of any such officer of other employee shall not be altered to his disadvantagepower to make rules29 (1) the central government may, by notification in the official gazette, make rulesto carry out the purpose of this act(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the manner of nomination of members under clauses (j) and (k) of subsection (1) of section 5;(b) the manner of filling vacancies under sub-section (8) of section 6;(c) the powers and functions to the exercised and discharged by the president of the institute under section 7;(d) the allowances to be paid to the president and other members of the institute under section 8;(e) the control and restrictions in relation to the constitution of standing and ad hoc committees under sub-section (5) of section 10;(f) the tenure of office, salaries and allowances and other conditions of service of the director and other officers and employees of the institute appointed by the institute under section 11;(g) the form in which, and the time at which, the budgets and reports shall be prepared by the institute under section 17;(h) the form of annual statement of accounts including balance-sheet under sub-section (1) of section 18;(i) the from of annual report under section 19; (j) any other matter which has to be or may be prescribed by rulespower to make regulations30 (1) the institute with the previous approval of the central government, may, by notification in the official gazette, make regulations consistent with this act and the rules made thereunder to carry out the purposes of this act, and without prejudice to the generality of this power, such regulations may provide for—(a) the summoning and holding of meetings, other than the first meeting, of the institute, the time and place where such meetings are to be held and the conduct of business at such meetings under section 9;(b) the manner of constituting the governing body and standing and ad hoc committees, the term of office of, and the manner of filling vacancies therein, the allowances to be paid to the members and the procedure to be followed by the governing body; standing and ad hoc committees in the conduct of their business, exercise of their power discharge of their function under section 10;(c) the powers and duties of the director and other officers and employees of the institute under sub-sections (3) and (4) and other conditions of service under subsection (5) of section 11;(d) the power of the institute under section 13, to specify—(i) courses and curricula for undergraduate and postgraduate studies;(ii) hold examination and grant degrees, diplomas and other academicdistinctions and titles under clause (h);(iii) the professorships, readerships, lecturerships and other posts which may be instituted and persons who may be appointed to such posts under clause (i);(iv) the management of the properties of the institute under clause (k);(v) the fees and other charges which may be demanded and received by the institute under clause (l); (e) the manner in which, and the conditions subject to which, pension and provident funds may be constituted for the benefit of officers, teachers and other employees of the institute under sub-section (1) of section 20;(f) any other matter for which under this act provisions may be made by regulations(2) notwithstanding anything contained in sub-section (1), the first regulations under this act shall be made by the central government; and any regulations so made may be altered or rescinded by the institute in exercise of its powers under sub-section (1)laying of rules and regulations before parliament31 every rule and every regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulationpower to remove 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 provision not inconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty:provided that no such order shall be made under this section, after the expiry of a period of 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 statement of objects and reasonsthe jawaharlal institute of post-graduate medical education and research, pondicherry was established in 1964 primarily with the objectives to develop patterns of teaching in undergraduate and postgraduate medical education so as to establish and demonstrate high standards of education the institute has been providing quality education and excellent patient care delivery services over the years, however; it could not grow due to constraints in the process of manpower selection, lack of academic autonomy, lack of flexibility in administrative and financial powers, commensurate with other institutions like, all india institute of medical sciences, new delhi and post-graduate institute of medical education and research, chandigarh2 it is proposed to make the institute a statutory body corporate and declare as an institution of national importance under entry 64 of list i of the seventh schedule to the constitution so that it may develop as a high level institution of medical education and research on the pattern of the all india institute of medical sciences, new delhi and the post-graduate institute of medical education and research, chandigarh3 this bill will empower the institute with academic autonomy to develop its own curriculum, set new trends in medical education and research and award its own degrees and also enable it to have appropriate delegated administrative and financial powers the conferring of statutory status on this institute will enable it to grow into a model centre of excellence4 the bill seeks to achieve the above objectsnew delhi;anbumani ramadossthe 28th november, 2006 notes on clausesclause 1 provides for short title, extent and commencement of the act clause 2 in view of the objects of the jawaharlal institute of post graduate medical education and research, puducherry in the union territory of puducherry declares it as an institution of national importanceclause 3 provides for the definitions of certain words 'fund', 'governing body','institute', 'member', 'prescribed' and 'specified' used in various provisions of the billclause 4 provides for incorporation of the jawaharlal institute of post graduate medical education and research, puducherry into a body corporate by the same name having perpetual succession and a common seal with certain powersclause 5 provides for the composition of the institute with the minister in charge of health and family welfare as its president and twenty-one other members consisting of eight ex officio members, medical specialists, etc, and two members of parliament from the union territory of puducherry one each from lok sabha and rajya sabha as its members it also provides that the office of a member of the institute shall not disqualify its holder for being chosen as, or for being, a member of either house of parliamentclause 6 provides for term of office of member of the institute, their re-nomination and manner of filling of vacancies of the membersclause 7 provides that the president shall exercise such powers and discharge such functions as laid down in the bill or as may be prescribedclause 8 provides that the president and members shall receive such allowances from the institute as may be prescribedclause 9 prescribes the procedure of holding first meeting of the institute and the meetings to be held thereafterclause 10 requires that the institute shall constitute a governing body and the president of the institute shall be its chairperson and deals with other committees of the institute and their powers and functionsclause 11 makes provision for the chief executive officer of the institute who shall be designated as director of the institute and shall be appointed in the prescribed mannerit also provides that the first director shall be appointed by the central government it also provides that the director shall be the secretary of the institute as well as the governing body it also provides that the institute may appoint, subject to such rules as may be prescribed, such number of officers and employees as may be necessary and the director and other officers and employees shall be entitled to such salaries and allowances and be governed by such conditions of service as may be specified by regulationsclause 12 enumerates the objects of the institute as developing and attaining high standard of medical education, training of personnel in important branches of health activity, attaining self-sufficiency in higher medical educationclause 13 provides for the various functions of the institute, which inter alia include the providing of undergraduate and postgraduate teaching in the science of modern medicine and other allied sciences and research in various branches of science; conduct experiments, establish and maintain medical, dental and nursing colleges, hospitals, rural and urban health organisations which will form centres for field training; specify courses and curricula activities; hold examination and grant degrees, diplomas and other academic distinctions and titles and do all other acts and thing as may be necessary to further the objects of the instituteclause 14 provides that the properties of the jawaharlal institute of post graduate medical education and research, puducherry, which vested in the central government, shall vest in the instituteclause 15 provides that central government may provide money after due appropriation made by parliament by law to the institute for exercising its power and discharging functions under the billclause 16 makes provision for a fund to be maintained by the institute in which moneys received from central government and all fees, other charges, grants, gifts, donation, etc, shall be credited it also makes provision for applying the fund to meet the expenses of the instituteclause 17 provides for preparation of budget in respect of the financial year next ensuing showing receipts and expenditure of the institute in prescribed form and requires it to forward the same to the central governmentclause 18 makes provision for maintaining proper accounts and other relevant records and preparation of annual statement of accounts including the balance sheet in such form as may be prescribed in accordance with general directions issued by the central government and in consultation with the comptroller and auditor general of india and also provides for its audit by the comptroller and auditor general of indiaclause 19 provides for preparation of annual reports of the activities of the institute in prescribed form to be submitted to the central government this clause also requires laying of the such report before parliamentclause 20 provides for constitution of pension and provident fund for the benefit of its officers, teachers and other employees in such manner and subject to such conditions as may be specified by regulations it also empowers the central government to declare that the provisions of the provident fund act, 1925 shall apply to such fund as if it were a government provident fundclause 21 provides that all orders and decisions of the institute shall be authenticated by the signature of the director or any other member authorised by the instituteclause 22 ensures that any action of the institute, its governing body or any standing or ad hoc committee shall not be invalidated on account of any vacancy or defect in any constitution of the institute, governing body, standing or ad hoc committeeclause 23 provides that notwithstanding anything contained in any other law for the time being in force, the institute shall have the power to grant medical, dental and nursing degrees, diplomas and other academic distinctions and titles under the billclause 24 provides that notwithstanding anything contained in the indian medical council act, 1956, the dentist act, 1948, the indian nursing council act, 1947, medical degrees and diplomas, the dental degrees and nursing degrees granted by the institute shall be recognised medical qualifications under those acts and shall be deemed to be included in the schedules of the respective actsclause 25 provides that institute shall carry out the directions issued by the central government from time to time having regard to the efficient administration of the billclause 26 provides if any dispute or difference arises between the institute and the central government with regard to the exercise of powers and discharge of functions by the institute, the decision of the central government thereon shall be finalclause 27 provides that the institute shall furnish such reports, returns and other information as may be asked by the central government from time to timeclause 28 provides for (i) the absorption of existing employees of the jawaharlal institute of post graduate medical education and research, puducherry in the institute on same terms and conditions of service including remuneration, leave, provident fund, retirement and other terminal benefits unless the concerned employees opts within six months not to be employee of the institute; (ii) the terms and conditions of absorption or deputation of employees belonging to central health service, central secretariat service or any other service; (iii) protection of pay and other interests on promotion in certain cases in the event of absorption in the instituteclause 29 enables the central government to make rules to carry out the purposes of the bill and enumerates the various provisions whereunder such rules may be madeclause 30 enables the institute to make regulations with the previous approval of the central government and consistent with the act and the rules made thereunder to carry out the purposes of the bill it also provides that first regulations under this clause shall be made by the central government and any regulation so made may be altered or rescinded by the instituteclause 31 provides for laying of rules and regulations before each house of parliamentclause 32 provides that if any difficulty arises in giving effect to the provisions of the bill the central government may by order make such provisions not inconsistent with provisions of the bill for removing the difficulty it also provides that no such order shall be made after the expiry of a period of two years from the date of commencement of the act and all orders made under this clause shall be laid before each house of parliament financial memorandumthe jawaharlal institute of post-graduate medical education and research, puducherry, an institute functioning under the ministry of health and family welfare, is proposed to be declared as an institution of national importance under clause 2 of the bill clause 5 provides for the constitution of the institute and clause 8 makes provision for the allowances of the president and other members of the institute sub-clause (6) of clause 10 provides for the allowances of the chairperson and members of the governing body, standing committee and ad-hoc committee sub-clause (5) of clause 11 provides for the salary and allowances of the director and other officers and employees of the instituteclause 15 provides that after due appropriation made by parliament, by law, the central government may pay to the institute by way of grants in each financial year such sums of money as the central government considers necessary for being utilised for the purposes of the billpresently, the institute functioning under the ministry of health and family welfare is provided budgetary support for the current financial year a budget provision of rupees 104 crores have been made to meet its expenditure the institute shall continue to be supported from government budget through grant-in-aidthe bill does not involve any other expenditure of a recurring or non-recurring nature memorandum regarding delegated legislationclause 29 of the bill empowers the central government to make rules to carryout the purposes of the bill such rules may, inter alia, provide for the (i) the manner of nomination of members under clauses (j) and (k) of sub-clause (1) of clause 5; (ii) the manner of filling vacancies under sub-clause (8) of clause 6; (iii) the power and functions to be exercised and discharged by the president of the institute under clause 7; (iv) the allowances to be paid to the president and other members under clause 8; (v) the tenure of office, salaries and allowances and other conditions of service of the director and other officers and employees of the institute under clause 11; (vi) the form of annual statement of accounts including balance sheets under sub-clause (1) of clause 18; (vii) the form of annual report under clause 19sub-clause (1) of clause 30 of the bill empowers the institute to make regulations, with the previous approval of the central government, consistent with the provisions of the bill and the rules made thereunder, to carry out the purposes of the bill such regulations may, inter alia, provide for (i) the summoning and holding of meetings of the institute; (ii)the manner of constituting the governing body and standing and ad hoc committees, their term of office, manner of filling vacancies thereunder, allowances to be paid to members and procedure to be followed by such committees and exercise of their powers and discharge of functions under clause 10; (iii) the powers of the institute under clause 13 to specify courses and curricula, holding examinations and grant of degrees, diplomas, etc, management and priorities of the institute, fees and other charges which may be demanded and received by the institute, etcsub-clause (2) of clause 30 empowers the central government to make the first regulations enumerated in clause (1) which may subsequently be altered and rescind by the institutethe rules and the regulations made under the bill are also required to be laid before each house of parliamentthe matters in respect of which rules and regulations may be made under the aforesaid provisions are matter of procedure and administrative details and it is not practical to provide for them in the bill the delegation of legislative power is, therefore, of a normal character———— a billto declare the institution known as the jawaharlal institute of post-graduate medical education and research, puducherry, to be an institution of national importance and to provide for its incorporation and matters connected therewith————(dr anbumani ramadoss, minister of health and family welfare) | Parliament_bills | 17804036-c8b9-5547-b4c7-908fbe8f2715 |
bill no xxxviii of 2014 the constitution (amendment) bill, 2014 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (i) this act may be called the constitution (amendment) act, 2014(ii) it shall come into force at onceshort title and commencement2 in article 214 of the constitution, the following proviso shall be inserted, namely:—amendment of article 214 statement of objects and reasonsour constitution makes right to legal remedies a fundamental right but the pendency of cases in various courts especially high courts is a matter of serious concern considering the huge geographical expanse of our country and the prevailing poverty, seeking legal remedy has become an expensive exercise time has come to deliver justice in an easy, quick and cost effective manner to the people providing speedy justice at low cost is all the more important for the people who live in remote areas, far away from state capitals where principal seats of the most of the high courts are located such a situation literally results in denial of justice to the poor persons who cannot afford to travel frequently to far off places in search of justice the large volume of cases pending in the high courts has resulted in delayed delivery of justice which amounts to denial of justice moreover, since most of the high courts are located at state capitals, the advocates of a particular place create a monopoly for themselves charging exorbitant fees which are not within the means of poor persons and they are obliged to sell off their property in their quest of justice if more benches of high courts are established, it will serve many purposes including convenience and savings for the common man, less pendency of cases and speeds delivery of justice at low cost this will help to mitigate the sufferings of the masseshence this billdr sanjay sinh financial memorandumthe bill, if enacted, will involve expenditure from the consolidated fund of india for establishment of permanent benches of high court in a state and union territory it is likely that it will involve a recurring expenditure of about rupees five hundred crore per year and rupees one hundred crore as a non-recurring expenditure annexure extract from the constitution of india chapter v the high courts in the states214 there shall be a high court for each state rajya sabha———— a billfurther to amend the constitution of india————(dr sanjay sinh, mp)gmgipmrnd—3796rs(s3)—18122014 | Parliament_bills | 75fcc122-50bb-57c2-a901-79103a7cbbc9 |
bill no xxix of 2005 the standards of weights and measures (enforcement) amendment bill, 2005 a bill further to amend the standards of weights and measures (enforcement) act, 1985be it enacted by parliament in the fifty-sixth year of the republic of india as follows:—1 (1) this act may be called the standards of weights and measures (enforcement)amendment act, 2005short title and commencement(2) it shall come into force on such date as the central government may, by notification, appointamendment of section 554 of 19852 in section 5 of the standards of weights and measures (enforcement) act, 1985(hereinafter referred to as the principal act),—(a) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) the central government may, by notification, prescribe the qualifications for being appointed as the additional, joint, deputy and assistant controllers and the inspectors under sub-section (1)"; (b) in sub-section (4), the following proviso shall be inserted, namely:—"provided that the controller shall exercise his powers and discharge the duties of his office subject to such general or special directions, as the director may, from time to time, give and such directions shall be binding on the controller"3 in section 10 of the principal act,—amendment of section 10(a) in sub-section (1), for the words "state government", the words "central government" shall be substituted;(b) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) notwithstanding anything contained in sub-section (1), the central government may, by rules made in this behalf, direct, in respect of those class of goods or services or undertakings or users specified therein, that no transaction, dealing or contract shall be made except by such weighing or measuring instrument as may be specified in such rules"; (c) in sub-section (2), after the word and figure "sub-section (1)", the words, figure and letter "or sub-section (1a)" shall be inserted4 section 12 of the principal act shall be omittedomission of section 12 amendment of section 155 in section 15 of the principal act, in sub-section (1), for the words "where the state government", the words "where the central government" shall be substituted6 sections 16, 17 and 18 of the principal act shall be omittedomission of sections 16, 17 and 187 in section 19 of the principal act, —amendment of section 19(a) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) any licence issued by the central government or a state government to a manufacturer,—(a) for selling the weight or measure manufactured by him; (b) for repairing the weight or measure manufactured and sold by him, shall be valid throughout the country"; (b) in sub-section (7), for the words " two hundred rupees", the words "one thousand rupees" shall be substituted;(c) in sub-section (8), for the proviso, the following proviso shall be substituted, namely:—"provided that no sale of any weight or measure of the prescribed description, not being a weight or measure for use for domestic purposes, shall be made except with the written permission of the controller or any officer authorised by him in this behalf"8 in section 21 of the principal act clause (b) shall be omittedamendment of section 219 for section 22 of the principal act, the following section shall be substituted, namely:—substitution of new section forsection 22"22 no weight or measure shall be sold or offered, exposed or possessed forsale in any transaction, or for industrial production or for protection unless it has been verified and stamped"prohibition of sale of unstamped weight or measure10 in section 24 of the principal act, —amendment of section 24(a) in sub-section (1), the following proviso shall be inserted, namely:—"provided that the verification, of the weight or measure as prescribed under the standards act, shall be made by the special verification agents under that act"; (b) in sub-section (2), for the words "as may be prescribed", the following shall be substituted, namely:—"as prescribed under the standards act: provided that re-verification, of such weight or measure verified by the special verification agents under the standards act, may be made by the agents at such periodical intervals as prescribed under that act"; (c) in sub-section (3), for the proviso, the following provisos shall be substituted, namely:—"provided that in respect of the weight or measure, as may be prescribed, the inspector shall take steps for the verification of such weight or measure at the place of its location:provided further that the verification of such weight or measure, as prescribed under the standards act, shall be made by the special verification agents under that act"; (d) sub-sections (4), (5) and (6) shall be omitted11 for section 25 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 25"25 (1) every certificate of verification granted under this act shall be displayed in a conspicuous place in the premises where such weight or measure is being, or is intended or likely to be, used in any transaction or for industrial production or for protectionprocedure for verification and display of certificate of verification (2) where any verification has been made under sub-section (3) of section 24, the inspector shall grant, to the person referred to in sub-section (1) of that section, a certificate in the prescribed form indicating therein the particulars of the weight or measure verified and stamped by him(3) where the controller is of opinion that by reason of the size or nature of any weight or measure, it is not desirable or practicable to put a stamp thereon, he may, by an order in writing, direct that instead of putting a stamp on such weight or measure, a certificate may be issued to the effect that such weight or measure conforms to the standards established by or under the standards act and every weight or measure so certified shall be deemed to have been duly verified and stamped under this act on the date on which such certificate was issued(4) every certificate referred to in sub-section (3) shall be in such form as may be prescribed and shall contain such details as to enable a clear identification of the weight or measure to which it relates"amendment of section 2712 in section 27 of the principal act, in sub-section (1), the following proviso shall be inserted, namely:— "provided that in the case of weight or measure verified and stamped by the special verification agents under the standards act, the inspector may inspect only genuineness of such stamping"13 after section 31 of the principal act, the following section shall be inserted, namely:—insertion of new section 31a'31a the provisions of sections 27, 28, 29, 30 and 31 shall apply in relation to pre-packed commodities and commodities sold by number as they apply in relation to weight or measure referred to in those sectionsapplication of sections 27 to 31 to certain commodities explanation—for the purposes of this section, "pre-packed commodity" with its grammatical variations and cognate expressions, means a commodity or article or articles which, without the purchaser being present, is placed in a package of whatever nature, so that the quantity of the product contained therein has a pre-determined value and such value cannot be altered without the package or its lid or cap, as the case may be, being opened or undergoing a perceptible modification'14 for section 33 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 33'33 the provisions of the standards act and the rules made thereunder with regard to commodities in packaged form shall apply to every such commodity which is made, manufactured, packed, distributed, sold, or kept, offered or exposed for sale, in the state as if the provisions aforesaid were enacted by, or made under, this act subject to the modification that any reference therein to the "central government", "standards act" and "director" shall be construed as references respectively, to the "state government", "this act" and the "controller"'provisions of the standards act and the rules made thereunder relating to commodities in packaged form to apply to commodities in packaged form sold or distributed within the state15 in section 37 of the principal act,—amendment of section 37(a) for the marginal heading, the following marginal heading shall be substituted, namely:—"penalty for counterfeiting of seals, fraudulent use of weight or measure, etc" (b) in sub-section (1),—(i) in clause (vii), after the words "alters in any way any weight or measure", the words "or uses any weight or measure fraudulently" shall be inserted;(ii) for the words "imprisonment for a term which shall not be less than six months but which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine" the words "fine which may extend to ten thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to two years" shall be substituted; (c) in sub-sections (2), (3) and (4), for the words "imprisonment for a term which shall not be less than six months but which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine", wherever they occur, the words "fine which may extend to ten thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to two years" shall be substituted16 in section 38 of the principal act,—amendmentof section 38(a) for sub-section (1),—(i) for the words "five hundred rupees", the words "two thousand rupees"shall be substituted;(ii) for the words "two thousand rupees", the words "five thousand rupees" shall be substituted;(iii) for the words "one year and also with fine", the words "one year, or with fine, or with both" shall be substituted; (b) in sub-section (2),—(i) for the words "five hundred rupees" the words "two thousand rupees"shall be substituted;(ii) for the words "two thousand rupees" the words "five thousand rupees"shall be substituted;(iii) for the words "one year and also with fine", the words "one year, or with fine, or with both" shall be substituted17 in section 39 of the principal act,—amendment of section 39(a) sub-section (2) shall be omitted; (b) in sub-section (3),—(i) for the words "two thousand rupees", the words "ten thousand rupees"shall be substituted;(ii) for the words "one year and also with fine", the words "one year, or with fine, or with both" shall be substituted18 after section 39 of the principal act, the following section shall be inserted, namely:—'39a whoever—insertion of new section 39a(a) in selling any article or thing by weight, measure or number, delivers or causes to be delivered to the purchaser any quantity or number of that article or thing less than the quantity or number contracted for or paid for; orpenalty for short measurement, etc(b) in rendering any service by weight, measure or number, renders that service less than the service contracted for or paid for; or(c) in buying any article or thing, by weight, measure or number, fraudulently receives, or causes to be received any quantity or number of that article or thing in excess of the quantity or number contracted for or paid for; or(d) in obtaining any service by weight, measure or number, obtains thatservice in excess of the service contracted for or paid for,shall be punished with fine which may extend to fifty thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with bothexplanation—for the removal of doubts, it is hereby declared that the condition"contracted for or paid for" as required in clauses (a) to (d) shall not apply to any inspection made under chapter viii'amendment of sections 40 and 4119 in sections 40 and 41of the principal act, for the words "one year and also with fine", in both the sections where they occur, the words "one year, or with fine, or with both" shall be substitutedamendment of section 4220 in section 42 of the principal act, for the words "three years and also with fine" the words "three years, or with fine, or with both" shall be substituted21 for section 44 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 44 penalty for contravention of section 21"44 except where he is permitted under the standards act so to do, whoever makes or manufactures any weight or measure which, though ostensibly purports to conform to the standards established by or under that act, does not actually conform to the said standards, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine"22 in section 45 of the principal act,—amendment of section 45(a) for the words, "one thousand rupees" the words "two thousand rupees"shall be substituted;(b) for the words "one year and also with fine", the words "one year, or with fine, or with both" shall be substituted23 in section 46 of the principal act,—amendment of section 46(a) for the words "one thousand rupees" the words "two thousand rupees"shall be substituted;(b) for the words "one year and also with fine", the words "one year, or with fine, or with both" shall be substituted24 in section 47 of the principal act,—amendment of section 47(a) for the words "five hundred rupees", the words "ten thousand rupees" shall be substituted;(b) for the words "one year and also with fine" the words "one year or with fine or with both" shall be substituted25 in section 48 of the principal act,—amendment of section 48(a) for the words "one thousand rupees" the words "five thousand rupees"shall be substituted;(b) for the words "one year and also with fine" the words" "one year, or with fine, or with both" shall be substitutedamendment of section 4926 in section 49 of the principal act, after the words "may extend to two years", thewords "or with fine which may extend to five thousand rupees, or with both" shall be insertedamendment of section 5027 in section 50 of the principal act, after the words, "may extend to two years", thewords "or with fine which may extend to ten thousand rupees," shall be inserted28 in section 51 of the principal act,—amendment of section 51(a) in sub-section (1), for the words "and, for the second or subsequent offence,with imprisonment for a term which may extend to five years and also with fine", the words " for the second offence, with fine which may extend to ten thousand rupees, and, for the third or subsequent offence, with imprisonment for a term which may extend to five years, or with fine which may extend to fifty thousand rupees, or with both" shall be substituted;(b) for sub-section (2), the following sub-section shall be substituted, namely:—"(2) whoever manufactures or packs, or causes to be manufactured or packed, any commodity in packaged form lesser in weight, measure or number than the weight, measure or number, as the case may be, stated on the package or label thereon, or distributes or sells any commodity in packaged form, lesser in weight, measure or number than the weight, measure or number, as the case may be, stated on the package or label thereon, knowingly or having reason to believe that the commodity contained in such package is lesser, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twenty thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine"amendment of section 5229 in section 52 of the principal act, for the words "one thousand rupees", wherever they occur, the words "five thousand rupees" shall be substitutedamendment of section 5330 in section 53 of the principal act, for the words "two thousand rupees", the words"five thousand rupees" shall be substitutedamendment of section 5431 in section 54 of the principal act, for the words "two thousand rupees", the words"ten thousand rupees" shall be substituted32 in section 56 of the principal act,—amendment of section 56(a) in sub-section (1), for the words "one thousand rupees", the words "ten thousand rupees" shall be substituted;(b) in sub-section (2), for the words "two thousand rupees", the words "ten thousand rupees" shall be substitutedamendment of section 5733 in section 57 of the principal act, in sub-sections (1) and (2), for the words "two thousand rupees" wherever they occur, the words "ten thousand rupees" shall be substitutedamendment of section 5834 in section 58 of the principal act, for the words "two thousand rupees", the words"ten thousand rupees" shall be substitutedamendment of section 6135 in section 61 of the principal act, in sub-section (2), for the words "two thousand rupees", the words "five thousand rupees" shall be substituted36 in section 62 of the principal act,—amendment of section 62(a) for sub-section (1), the following sub-sections shall be substituted, namely:—"(1) where an offence under this act has been committed by a company,—(i) the person, if any, who has been nominated under sub-section(1a) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereafter in this section referred to as the person responsible); or(ii) where no person has been so nominated, 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; and 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 and that he exercised all due diligence to prevent the commission of such offence(1a) any company may, by order in writing, authorise any of its directors to exercise all such powers and take all such steps as may be necessary or expedient to prevent the commission by the company of any offence under this act and may give notice to the director or the concerned controller or any officer authorised in this behalf by such controller (hereafter referred as the authorised officer) in such form and in such manner as may be prescribed, that he has nominated such director as the person responsible, alongwith the written consent of such director for being so nominatedexplanation—where a company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this sub-section in relation to different establishments or branches or units and the person nominated in relation to any establishment, branch or unit shall be deemed to be the person responsible in respect of such establishment, branch or unit(1b) the person nominated under sub-section (1a) shall, until—(i) further notice cancelling such nomination is received from the company by the director or the concerned controller or the authorised officer; or(ii) he ceases to be a director of the company; or (iii) he makes a request in writing to the director or the concerned controller or the authorised officer under intimation to the company, to cancel the nomination (which request shall be complied with by the director or the concerned controller or the authorised officer), whichever is the earliest, continue to be person responsible:provided that when such person ceases to be a director of the company, he shall intimate the fact of such cesser to the director or the concerned controller or the authorised officer:provided further that where such person makes a request under clause(iii), the director or the concerned controller or the authorised officer shall not cancel such nomination with effect from a date earlier than the date on which the request is made"; (b) in sub-section (2),—(i) for the word, brackets and figure "sub-section (1)", the words "the foregoing sub-sections" shall be substituted;(ii) after the words "other officer of the company,", the words, brackets, figure and letter "not being a person nominated under sub-section (1a)," shall be inserted37 in section 65 of the principal act, in sub-section (1),—amendment of section 65(a) for the word and figures "section 39", the words and figures "section 37, section 38, section 39" shall be substituted;(b) for the words "such sum as the controller or such other officer may specify", the words "such sum as may be prescribed" shall be substituted38 for section 70 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 70"70 (1) the central government may, having regard to time and labour that may be involved, prescribe such fee not exceeding—levy of fees and collections thereof(a) two thousand rupees, for the issue or renewal of a licence for making or manufacturing of any weight or measure;(b) one thousand rupees, for the issue of a licence for repairing or selling of any weight or measure;(c) five hundred rupees, for the alteration of any licence; (d) ten thousand rupees on a graded scale, for the verification of any weight or measure;(e) one hundred rupees, for the adjustment of any weight or measure; (f) one hundred rupees, for the issue of a duplicate licence or certificate of verification;(g) ten rupees, for every one hundred words or less, for the grant of copies of any document, not being a document of a confidential nature;(h) five hundred rupees, for any appeal preferred under this act(2) the state government shall collect the prescribed fee under this section"39 in section 71 of the principal act,—amendment of section 71(a) in sub-section (1), for the words "state government", the words "central government" shall be substituted(b) in sub-section (2), for the words "state government", the words "central government" shall be substituted40 in section 72 of the principal act,—amendment of section 72(a) in sub-section (1), for the words "the state government may, by notification and after consultation with the central government", the words "the central government may, by notification," shall be substituted;(b) in sub-section (2),—(i) for clause (a), the following clauses shall be substituted, namely:—"(a) the qualifications for being appointed as the additional, joint, deputy and assistant controller and the inspectors under section 5;(aa) the class of goods, services, undertakings or users, in relation to which no transaction, dealing or contract or industrial production or use for protection shall be made or had or undertaken except by such weight, measure or number or in respect of which no transaction, dealing or contract shall be made except by such weighting or measuring, instrument as required under sub-section (1) or sub-section (1a) of section 10;"; (ii) sub-clause (i) of clause (b), clauses (d) , (e), and (f) shall be omitted; (iii) in clause (j), after the words "the controller", the words "or any officer authorised by him" shall be inserted;(iv) clause (m) shall be omitted; (v) for clauses (n) and (o), the following clauses shall be substituted, namely:—"(n) the weight or measure for the verification of which steps to be taken by the inspector under sub-section (3) of section 24(o) the form in which and the details with which a certificate of verification of any weight or measure as required under sub-sections (2), (3) and (4) of section 25 shall be granted;"; (vi) clause (r ) shall be omitted(vii) after clause (t) the following clause shall be inserted, namely:—"(tt) the form and the manner in which notice by a company may be given to the director or the concerned controller or the authorised officer under sub-section (2) of section 62;(ttt) the amount of money to be paid for credit to the state government under sub-section (1) of section 65";(c) in sub-section (3), for the words "the state government may", the words "the central government may" shall be substituted;(d) for sub-section (5), the following sub-section shall be substituted, namely:—"(5) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule"amendment of section 7341 in section 73 of the principal act, in sub-section (2), for the words and figures"section 39, section 40 or section 41", the words and figures "section 36, section 37 or section 38" shall be substituted42 after section 74 of the principal act, the following section shall be inserted, namely:—insertion of new section 74a transitional provisions"74a (1) every additional, joint, deputy and assistant controller and inspector appointed immediately before the commencement of the rules made under sub-section (1a) of section 5 shall, on such commencement, be deemed to have been appointed under section 5, notwithstanding any rule prescribing different qualifications(2) any rules made by a state government under the principal act which are in force immediately before the commencement of the standards of weights and measures (enforcement) amendment act, 2005, shall remain in force until the central government make rules in that behalf" statement of objects and reasonsthe standards of weights and measures (enforcement) act, 1985 was enacted with a view to provide for enforcement, by the state governments, of standards of weights and measures established by or under the standards of weights and measures act, 19762 since the enactment of the act, there have been advancement in international practices and development in technological innovations in the field of legal metrology in order to keep pace with such advancement, to absorb new technological innovations and to provide for better protection to consumers, the necessity to amend the aforesaid enactment the proposed amendments, inter alia, seek to provide for,—(a) prescribing the qualifications for appointment of additional, joint, deputy and assistant controllers of legal metrology and inspectors under the act for providing quality and professional service, beneficial to consumers and industries;(b) providing for issue of guidelines by the central government for uniform implementation of the provisions of the enactment;(c) doing away with the requirement of registration of users of weight or measure with enforcement officers;(d) validating the licence for the whole of the country, for manufacture and repair of weight or measure issued by a state government and enabling the central government also to issue such all india licence, for convenience;(e) revising penalties for various offences under the enactment to make the provisions more deterrent; and(f) empowering the central government to prescribe fee, to be levied by the state governments, for the purpose of uniformity of fee 3 the bill seeks to achieve the above objectssharad pawarnew delhi;the 28th february, 2005 notes on clauses clause 2 −this clause of the bill seeks to prescribe qualifications for appointment of additional, joint, deputy and assistant controller of legal metrology and inspector and also provide for the controller of legal metrology to function subject to such general or special directions, as the director may give and such direction shall be binding on the controller clause 3−this clause seeks to prescribe user friendly weighing or measuring instrument in certain fields of transactionsclause 4−this clause seeks to omit section 12 as it has become obsolete clause 5−this clause seeks to empower the central government to prescribe the weight or measure where certificate could be issued as a mark of verification instead of sealing the sameclause 6−this clause seeks to omit sections 16, 17 and 18 as they are hindrance to tradeclause 7−this clause seeks to provide for issue of manufacturing and repairing licence on all india basis by the central or a state government with a view to streamline the process of selling of weights and measures by any userclause 8−this clause seeks to omit clause (b) of section 21, which prohibit the additional inscription of non-metric units on measuring instruments, as people are still not conversant with the metric units in certain areasclause 9−this clause seeks to omit the requirement of verification of weights or measures under section 22 as such provision already exists under section 24 of the actclause 10−this clause seeks to empower the special verification agents to verify prescribed weighing or measuring instrument it also seeks to do away with the requirement of prescribing the re-verification period of weighing or measuring instrument by the states as it is proposed to empower the central government to prescribe in this behalf certain procedure for verification of weight or measure is also proposed to be prescribedclause 11−this clause seeks to make some alignment changes in the provisions of the act for the purpose of clarityclause 12−this clause seeks to provide for ensuring that the measuring instruments verified by special verification agents ought not to be taken up again for verification by the inspectorsclause 13−this clause seeks to provide for regulation of packaged commodities during the course of intra-state transactionsclause 14−this clause seeks to make changes in the provisions relating to regulation of packaged commodities for aligning them with the requirements of the standards of weights and measures act, 1976clause 15−this clause seeks to provide for penalty for counterfeiting of seal, for tampering or fraudulent use of weighing or measuring instrumentclause 16−this clause proposes to revise the penalty for sale of commodity or service rendered by non-standard weights or measures it also provides to exempt certain category of trade or service from the requirement of selling by standard weight or measure due to practical considerationsclauses 17 and 18−these clauses seek to amend section 39 to divide it in to two sections namely, section 39 relating to penalty for keeping non-standard weight or measure and section 39a relating to penalty for short measurementclauses 19 to 35−these clauses seek to revise the penalties provided under sections40, 41,42, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58 and 61clause 36−this clause seeks to provide for enabling a company to nominate one of its directors for ensuring compliance with the provisions of the actclause 37−this clause seeks to provide for compounding of offences for violation of sections 37 and 38 and also provide for the compounding of fine for uniformityclause 38−this clause seeks to revise the maximum fees and empowers the central government to prescribe the fee to be levied within these limitsclause 39−this clause seeks to empower the central government to delegate its powers excisable under the legislation to subordinate officers for administrative convenienceclause 40−this clause seeks to provide for enabling the central government to make rules to carry out the provisions of the legislationclause 41−this clause seeks to rectify some printing error in the act clause 42−this clause seeks to provide for transitional provision for protecting the interest of enforcement officers already functioning in the states with lesser qualification than those proposed to be prescribed under section 5 of the act memorandum regarding delegated legislationclause 40 of the bill seeks to amend section 72 of the standards of weights and measures (enforcement) act, 1985, which provides for power to make rules by the central government sub-section (2) of that section enumerates in detail the matters with respect to which rules may be made the matters in respect of which rules may be made under the bill relate, inter alia, to prescribing the qualifications for being appointed as the additional, joint, deputy and assistant controller of legal metrology and the inspectors under section 5, prescribing the class of goods, services, undertakings or users, in relation to which no transaction, dealing or contract or industrial production or use for protection shall be made or had or undertaken except by such weight, measure or number under sub-section (1), or in respect of which no transaction, dealing or contract shall be made except by such weighing or measuring instrument under sub-section (1a), of section 10, the weight or measure where certificate could be issued or a mark of verification instead of sealing the same, the weight or measure which are required to be verified by special verification agents under sub-section (3) of section 24, prescribe the weight or measure which are required to be verified at the place of its to action under section 24(3) the form in which and the details with which a certificate of verification of any weight or measure under section 25 be granted, the form and the manner in which notice by a company may be given to the director or the concerned controller or the authorised officer under sub-section (2) of section 62, the amount of money to be paid for credit to the state government under sub-section (1) of section 65 and the fees that may be levied under sub-section (1) of section 702 the matters with respect to which such rules may be made pertain to matters of administrative procedure or detail the delegation of legislative power is, therefore, of a normal character annexure extracts from the standards of weights and measures (enforcement) act, 1985 (54 of 1985) chapter ii appointment of controllers, inspectors and other officers5 (1) appointment of controllers, inspectors and other officers and staff(4) subject to the provisions of this act, every additional controller, inspector and other officer appointed under sub-section (1), shall exercise his powers and discharge the duties of his office under the general superintendence, direction and control of the controller and shall exercise those powers and discharge those duties in the same manner and with the same effect as if they had been conferred or imposed on him directly by or under this act and not by way of authorisation 10 (1) the state government may, by rules made in this behalf, direct that in respect of the classes of goods, services or undertakings or users specified therein—(a) no transaction, dealing or contract shall be made or had, oruse of weights only or measures only in certain cases(b) no industrial production shall be undertaken, or (c) no use for protection shall be made,except by such weight, measure or number as may be specified therein(2) any rule made under sub-section (1) shall take effect in such area, from such future date and subject to such conditions, if any, as may be specified therein chapter iv custody and verification of standard equipmentscustody and verification of reference standards12 every reference standard shall be kept at such place and in such custody as may be prescribed, and no such reference standard shall be deemed to be a reference standard and shall be used as such unless it has been verified, authenticated and maintained in accordance with the rules made under the standards act secondary or working standard which may not be stamped15 (1) where the state government is of opinion that by reason of the size or nature of any secondary standard or working standard, it is not desirable or practicable to put a stamp thereon, it may direct that instead of putting a stamp on such secondary standard or working standard, a certificate may be issued to the effect that such secondary standard or working standard conforms to the standards established by or under the standards act and every secondary standard or working standard so certified shall be deemed to have been duly stamped under this act on the date on which such certificate was issued chapter v registration of users of weights and measures16 no person, not being an itinerant vendor, shall use any weight or measure in any transaction or for industrial production or for protection unless he is registered in accordance with the provisions of this chapterpersons using weights or measures fortransactions or industrial production or for protection to get themselves registered procedure of registration17 (1) every person, who intends to commence, or carry on, the use of any weight ormeasure in any transaction or for industrial production or for protection, shall make, within such time and containing such particulars as may be prescribed, an application for the inclusion of his name in a register to be maintained for the purpose (hereinafter in this section referred to as the "register of users")(2) the register of users shall be maintained in such form and in such manner as may be prescribed(3) the application referred to in sub-section (1) shall be made to the controller or to such other person as the controller may, by general or special order in writing, authorise in this behalf and every such application shall be made in such form, in such manner and on payment of such fee as may be prescribed(4) on receipt of the application referred to in sub-section (1), the controller or the person authorised by him shall include the name of such person in the register of users and issue to the applicant a certificate to the effect that his name has been so included(5) a certificate issued under sub-section (4) shall be valid for the period specified therein and may be renewed from time to time for such further period and on payment of such fee as may be prescribedpunishment for non registration18 whoever uses, after the expiry of the period prescribed under sub-section (1) ofsection 17, any weight or measure in any transaction or for industrial production or for protection shall, unless he is registered in accordance with the provisions of this chapter, be punishable with fine which may extend to five hundred rupees, and for the second orsubsequent offence, with imprisonment for a term which may extend to six months, or with fine, or with both chapter vi manufacture, repair or sale of weights or measures19 (1) (7) the controller may require every repairer licensed under this act to furnish to the state government security for such sum, not exceeding two hundred rupees, as may be prescribedprohibition on the manufacture, repair or sale of weights or measures without licence(8) nothing contained in this section shall apply to the sale by a user (who is not a maker, manufacturer, dealer or repairer) of any weight or measure:provided that no sale of any weight or measure of the prescribed description shall be made except with the written permission of the controller 21 save as otherwise provided in the standards act, no person shall—manufacture of weights or measures (b) make or manufacture any weight or measure with indications thereon of any weights or measures in accordance with any unit other than the units of weight or measure specified by or under the standards act22 no weight or measure shall be sold, or offered, exposed or possessed for sale, or used or kept for use in any transaction or for industrial production or for protection unless it has been verified and stamped:prohibition of sale or use of unstamped weights or measuresprovided that nothing in this section shall apply to any weight or measure which has been initially verified and stamped with a special seal referred to in sub-section (3) of section 41 of the standards act chapter vii verification and stamping of weights or measuresverification and stamping of weights or measures24 (1) every person having any weight or measure in his possession, custody or control in circumstances indicating that such weight or measure is being, or is intended or likely to be, used by him in any transaction or for industrial production or for protection, shall, before putting such weight or measure into such use, have such weight or measure verified at such place and during such hours as the controller may, by general or special order, specify in this behalf (hereinafter referred to as the specified place or specified time), on payment of such fees as may be prescribed(2) every weight or measure referred to in sub-section (1) shall be re-verified at such periodical intervals as may be prescribedexplanation—for the removal of doubts it is hereby declared that no periodical reverification shall be necessary in relation to any weight or measure which is used exclusively for domestic purposes(3) every inspector shall, for the purpose of verification of any weight or measure, attend the specified place (within the local limits of his jurisdiction) at the specified time and verify every weight or measure which is brought to him at such place and within such time and shall, if he is satisfied that such weight or measure conforms to the standards established by or under the standards act, put his stamp thereon:provided that where any weight or measure is such that it cannot, or should not, be moved from its location, the inspector shall take such steps for the verification of such weight or measure at the place of its location as may be prescribed(4) where any verification has been made under sub-section (3), the inspector shall grant to the person referred to in sub-section (1) a certificate in the prescribed form indicating therein the particulars of the weight or measure verified and stamped by him(5) where the controller is of opinion that by reason of the size or nature of any weight or measure, it is not desirable or practicable to put a stamp thereon, he may, by an order in writing, direct that instead of putting a stamp on such weight or measure, a certificate may be issued to the effect that such weight or measure conforms to the standards established by or under the standards act and every weight or measure so certified shall be deemed to have been duly verified and stamped under this act on the date on which such certificate was issued(6) every certificate referred to in sub-section (5) shall be in such form as may be prescribed and shall contain such details as to enable a clear identification of the weight or measure to which it relatesdisplay of certificate of verification25 every certificate of verification granted under this act shall be displayed in a conspicuous place in the premises where such weight or measure is being, or is intended or likely to be, used in any transaction or for industrial production or for protection chapter viii inspection, search, seizure and forfeiturepower to inspect27 (1) an inspector may, within the local limits of his jurisdiction, inspect and test at all reasonable times, any weight or measure which—(i) is in the possession, custody or control of any person, or— (ii) is in or on any premises, in such circumstances as to indicate that such weight or measure is being, or is intended or likely to be, used in any transaction or for industrial production or for protection, and may also verify whether such weight or measure is in conformity with the standards established by or under the standards actchapter ix provisions with regard to the sale and distribution of commodities in packaged form within the state33 (1) the provisions of the standards act and the rules made thereunder, as in force immediately before the commencement of this act, with regard to commodities in packaged form shall, as far as may be, apply to every commodity in packaged form which is distributed, sold, or kept, offered or exposed for sale, in the state as if the provisions aforesaid were enacted by, or made under, this act subject to the modification that any reference therein to the "central government", "standards act" and the "director" shall be construed as references respectively, to the "state government", "this act" and the "controller"(2) the state government may make rules, not inconsistent with the standards act or any rule made thereunder to regulate the packaging of any commodity intended to be sold or distributed, within the state, in packaged form, or to regulate the sale or distribution, within the state, of any commodity in packaged formprovisions of the standards act and the rules made thereunder relating to commodities in packaged form to apply to commodities in packaged form sold or distributed within the stateexplanation—for the purpose of this section, "commodity in packaged form" shall have the meaning assigned to it in the standards act, and shall include a pre-packed commodity 37 (1) whoever— penalty for counterfeiting of seals, etc(vii) increases or diminishes or alters in any way any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine(2) whoever obtains, by unlawful means, possession of any seal specified by or under this act or the standards act and uses, or causes to be used, any such seal for making any stamp on any weight or measure with a view to representing that the stamp made by such seal is authorised by or under this act or the standards act shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine(3) whoever, being a lawful possession of a seal specified by or under this act or the standards act uses, or causes to be used, such seal without any lawful authority for such use, shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine(4) whoever sells, or offers or exposes for sale or otherwise disposes of any weight or measure which, he knows or has reason to believe, bears thereon a counterfeit stamp, shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with finepenalty for sale or delivery of commodities, etc, by nonstandard weight or measure38 (1) except where he is permitted under the standards act so to do, whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by any weight, measure or number other than the standard weight or measure, shall be punished with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year and also with fine(2) whoever renders, or causes to be rendered, any service in terms of any weight, measure or number other than the standard weight or measure, shall be punished with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year and also with fine39 (1) (2) whoever,—(i) in selling any article or thing by weight, measure or number, delivers or causes to be delivered to the purchaser any quantity or number of that article or thing less than the quantity or number contracted for and paid for, orpenalty for keeping non standard weights or measures for use and for other contraventions(ii) in rendering any service by weight, measure or number, renders that serviceless than the service contracted for and paid for, or(iii) in buying any article or thing by weight, measure or number, fraudulently receives, or causes to be received any quantity or number of that article or thing in excess of the quantity or number contracted for and paid for, or(iv) in obtaining any service by weight, measure or number, obtains that service in excess of the service contracted for and paid for, shall be punished with fine which may extend to five thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine(3) whoever enters, after the commencement of this act, into any contract or other agreement (not being a contract or other agreement for export) in which any weight, measure or number is expressed in terms of any standard other than the standard weight or measure, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with finepenalty for contravention of section 1040 whoever, in relation to any specified class of goods, services, undertakings or users of weights or measures, uses in any transaction or for industrial production or for protection, any weight, measure or number, other than the weight, measure or number specified by rules made under section 10, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with finepenalty for contravention of section 1141 except where he is permitted under the standards act so to do, whoever, in relation to any goods or things which are sold, transferred, distributed or delivered, or any service rendered,—(a) quotes any price or charge, or makes any announcement with regard to the price or charge, or(b) issues or exhibits any price list, invoice, cash memo, or other document, or (c) mentions any weight or measure in any advertisement, poster or other document, or(d) indicates the weight, measure or number of the net contents of any package or on any label, carton or other thing, or(e) expresses, in relation to any transaction, industrial production or protection, any quantity or dimension, otherwise than in accordance with the standard weight or measure, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with finepenalty for contravention of section 1942 whoever, being required to obtain a licence under this act, makes, manufactures, repairs or sells or offers, exposes or possesses for repair or sale, any weight or measure, without being in possession of a valid licence empowering him to do so, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine 44 except where he is permitted under the standards act so to do, whoever makes or manufactures any weight or measure which,—penalty for contravention of section 21(a) though ostensibly purports to conform to the standard established by or under that act, does not actually conform to the said standards, or(b) bears thereon any indication of weight or measure which is not in conformity with the standards of weight or measure established by or under that act, whether such indication is or is not in addition to the indication of weight or measure in accordance with the said standards, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine45 whoever,—penalty for contravention of section 22(a) sells, offers, exposes or possesses for sale, any weight or measure which hasnot been verified and stamped under this act, or(b) uses, or keeps for use, any weight or measure which, being required to beverified and stamped under this act, has not been so verified and stamped,shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine:provided that nothing in clause (b) shall apply, in relation to any weight or measure which is used for domestic purposespenalty for contravention of section 2346 whoever, being required by section 23 to maintain any record or register, omits or fails to do so, or being required by an inspector to produce any records or registers for his inspection, omits or fails to do so, shall be punished with fine which may extend to one thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with finepenalty for contravention of section 2447 whoever, being required by section 24 to present any weight or measure for verification or re-verification, omits or fails, without any reasonable cause to do so, shall be punished with fine which may extend to five hundred rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with finepenalty for contravention of section 2848 whoever, being required by an inspector, or any person authorised by or under this act to exercise the powers of an inspector, to produce before him for inspection any weight or measure or any document or other record relating thereto, omits or fails, without any reasonable cause, to do so, shall be punished with fine which may extend to one thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with finepenalty for contravention of section 2949 whoever obstructs the entry of an inspector, or any person authorised by or under this act to exercise the powers of an inspector, into any premises for the inspection and verification of any weight or measure or any document or other record relating thereto or the net contents of any packaged commodity or for any other prescribed purpose, shall be punished with imprisonment for a term which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which may extend to five yearspenalty for contravention of sections 30 and 3150 whoever prevents the controller or any officer authorised by the controller in this behalf, from searching any premises or prevents an inspector from making any seizure of any weight, measure, packaged commodity, goods, document, record or label, shall be punished with imprisonment for a term which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with finepenalty for contravention of section 3351 (1) whoever manufactures, distributes, packs, sells or keeps for sale or offers or exposes for sale, or has in his possession for sale, any commodity in packaged form, shall, unless each such package conforms to the provisions of the standards act and the rules made thereunder, read with section 33, be punished with fine which may extend to five thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine(2) whoever manufactures, packs, distributes or sells, or causes to be manufactured, packed, distributed or sold, any commodity in packaged form, knowing or having reason to believe that the commodity contained in such package is lesser in weight, measure or number than the weight, measure or number, as the case may be, stated on the package or label thereon, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to three thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fineexplanation—in determining, for the purpose of this sub-section, whether the quantity contained in a package is lesser than the quantity declared on the package or label thereon, the maximum permissible error specified under the standards act in relation to the commodity contained in such package, shall be taken into accountpenalty for contravention of section 3552 whoever sells any commodity be heaps without complying with the provisions of section 35, shall be punished with fine which may extend to one thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both53 whoever alters or otherwise tampers with any licence issued or renewed underthis act or any rule made thereunder, otherwise than in accordance with any authorisationpenalty for tampering with licencemade by the controller in this behalf, shall be punished with fine which may extend to two thousand rupees, or with imprisonment for a term which may extend to one year, or with bothpenalty for selling or deliveringrejected weights and measures54 whoever sells, delivers or disposes of, or causes to be sold, delivered or disposed of, any weight or measure which has been rejected on verification under this act or the standards act, or any rule made under either of the said acts, shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both:provided that nothing in this section shall apply to the sale, as scrap, of any rejected weight or measure which has been defaced in the prescribed manner 56 (1) whoever gives information to a controller, additional controller or an inspector or any other officer authorised by the controller, which he may require or ask for in the course of his duty and which such person either knows or has reason to believe to be false or does not believe to be true, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand ruppes, or with bothpenalty for giving false information or maintaining false records or registers(2) whoever, being required by or under this act so to do, submits a return or maintains any record or register which is false in any material particular, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with finewilful verification or disclosure in contravention of law57 (1) if any inspector or any other officer exercising powers under this act or any rule made thereunder wilfully verifies or stamps any weight or measure in contravention of the provisions of this act or of any rule made thereunder, he shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both(2) if any inspector or other officer who enters into any premises in the course of his duty wilfully discloses, except in the performance of such duty, to any person any information obtained by him from such premises with regard to any trade secret or any secret in relation to any manufacturing process, he shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with bothvexatious search58 an inspector or any other officer, exercising powers under this act or any rule ororder made thereunder who knows that there are no reasonable grounds for so doing, and yet—(a) searches, or causes to be searched, any house, conveyance or place, or(b) searches any person, or (c) seizes any weight, measure or other movable property,shall, for every such offence, be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees, or with both 61 (1) when employer to be deemed to have abetted an offence(2) whoever is deemed under sub-section (1) to have abetted an offence against this act shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fineexplanation—dismissal or termination of service of an employee after the expiry of the period specified in the proviso to sub-section (1) shall not absolve any employer of his liability under this sub-sectionoffences by companies62 (1) if the person committing an offence under this act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of 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 person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such 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 commtited with the consent or connivance of, or is attributable to, any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation—for the purposes of this section,—(a) "company" means any body corporate and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firm compounding of offences65 (1) any offence punishable under section 39, section 40, section 41, section 42, section 44, section 45, section 46, section 47, section 48, section 51, section 52, section 54 or section 59 or any rule made under sub-section (3) of section 72, may either before or after the institution of the prosecution, be compounded, by the controller or such other officer as may be authorised in this behalf by the controller, on payment, for credit to the state government, of such sum as the controller or such other offer may specify:provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this act for the offence so compounded levy of fees70 the state government may, be rules made under section 72, levy such fees not exceeding —(a) five hundred rupees, for the application for the issue or renewal of a licence for making or manufacturing of any weight or measure,(b) one hundred rupees, for the issue of a licence for repairing or selling of any weight or measure,(c) fifty rupees, for the alteration of any licence, (d) five thousand rupees, on a graded scale, for the verification of any weight or measure, having regard to the time and labour which may be involved in making such verification,(e) ten rupees, for the adjustment of any weight or measure, (f) ten rupees, for the issue of a duplicate licence or certificate of verification, (g) one rupee, for every one hundred words or less, for the grant of copies of any document, not being a document of a confidential nature,(h) twenty-five rupees, for any appeal preferred under this act, (i) five rupees, for application for registration or renewal of registration under section 17delegation of powers71 (1) the state government may, by notification, direct that any power exercisableby it under this act or any rule made thereunder, not being a power conferred by section 69 (relating to appeal) or section 70 (power to lay down scale of fee) or section 72 (power to make rules), in relation to such matters and subject to such conditions as may be specified, may be exercised also by such officer subordinate to it as may be specified in the notification(2) subject to any general or special direction or condition imposed by the state government, any person authorised by the state government to exercise any powers may exercise those powers in the same manner and to the same extent as if they had been conferred on that person directly by this act and not by way of delegationpower to make rules72 (1) the state government may, be notification and after consultation with thecentral government, 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 class of goods, services, undertakings or users in relation to which no transaction, dealing or contract, or industrial production or use for protection shall be made or had or undertaken except by such weight, measure or number as required by section 10;(b) the places at which, and the custody in which, the following standards shall be kept, namely:—(i) reference standards, as required by section 12 and sub-section (5) of section 14; (d) the time within which an application referred to in sub-section (1) of section 17shall be made, the particulars which such application shall contain and the form and manner in which such application shall be made;(e) the form and manner in which the register referred to in sub-section (2) of section 17 shall be maintained;(f) the form and manner in which an application shall be made under sub-section (3)of section 17; (j) the description of weight or measure which may not be sold by a user except with the written permission of the controller as required by sub-section (8) of section 19; (m) the period within which weights or measures shall be verified or re-verified as required by sub-section (2) of section 24;(n) the steps to be taken for verifying any weight or measure which cannot, or should not, be moved from its location, as required by the proviso to sub-section (3) of section 24;(o) the form in which a certificate of verification of any weight or measure shall be granted as required by sub-section (4) of section 24 and the form in which the certificate referred to in sub-section (5) of section 24 shall be issued and the details which such certificate shall contain, as required by sub-section (6) of section 24; (r) the manner in which, and the conditions, restrictions and limitations subject to which,—(i) any commodity intended to be sold or distributed, within the state, shall be packaged, or(ii) the sale or distribution of any commodity in packaged form shall be made within the state, as required by sub-section (2) of section 33; (3) in making any rule under this section, the state government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees (5) every 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 hosues, and where there is one house of the state legislature, before that house 73 (1) (2) where the state government makes a direction under sub-section (1) in relation to any type of weight or measure, any contravention of the provisions of section 39, section 40 or section 41 of the standards act in relation to that type of weight or measure shall be an offence punishable under this act and the punishment provided therefor in the standards act shall be deemed to be the punishment provided therefor in this act as if the said provisions relating to punishment were enacted by this act power of state government to make provisions of the standards act relating to approval of models applicable to models of weights or measures intended to be used exclusively within the state————— a billfurther to amend the standards of weights and measures (enforcement) act, 1985————(shri sharad pawar, minister of agriculture, consumer affairs, food and public distribution) | Parliament_bills | e424c608-56a4-5065-9d58-394b01757c90 |
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