Datasets:

openlegalai

/

Indian-parliament-bills

like 0

Follow

Open Legal AI 2

chapter vii the carriage by air act, 1972(69 of 1972) chapter vii the carriage by air act, 1972 table of contents| | | | | | | | rules | pages ||-------------------------------|------------------------------------------------------------------|----|----|----|-----|----|---------|---------|| 1 | short title, extent and commencement | | | | | | | 102 || 2 | definitions | | | | | | | || 3 | application of convention of india | | | | | | | || 4 | application of amended convention to india | | | | | | | 103 || 5 | liability in case of death | | | | | | | || 6 | conversion of francs | | | | | | | || 7 | provisions regarding suits against high contracting parties | | | | | | | || who undertake carriage by air | | | | | | | | 104 || 8 | application of act to carriage by air which is not international | | | | 104 | | | || 9 | repeal | | | | | | | | schedulesthe first schedule104the second schedule111 chapter vii the carriage by air act, 1972(69 of 1972)3 application of convention of india—(1) the rules contained in the first schedule, being the provisions of the convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons, shall, subject to the provisions of this act, have the force of law in india in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriagean act to give effect to the convention for the unification of certain rules relating to international carriage by air signed at warsaw on the 12th day of october, 1929 and to the said convention as amended by the hague protocol on the 28th day of september, 1955 and to make provision for applying the rules contained in the said convention in its original form and in the amended form (subject to exceptions, adaptations and modification) to noninternational carriage by air and for matters connected therewithbe it enacted by parliament in the twentythird year of the republic of india as follows:—1 short title, extent and commencement- (1) this act may be called the carriage by air act, 1972(2) it extends to the whole of india(2) the central government may, by notification in the official gazette, certify who are the high contracting parties to the convention, in respect of what territories they are parties and to what extent they have availed themselves of the provisions of rule 36 in the first schedule and any such notification shall be conclusive evidence of the matters certified therein(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint(3) any reference in the first schedule to the territory of any high contracting party to the convention shall construed as a reference to all the territories in respect of which he is a party2 definitions - in this act, unless the context otherwise requires, —(4) any reference in the first schedule to agents of the carrier shall be construed as including a reference to servants of the carrier(1) "amended convention" means theconvention as amended by the hague protocol on the 28th day of september 1955;(2) "convention" means the convention forthe unification of certain rules relating to international carriage by air signed at warsaw on the 12th day of october, 1929(5) every notification issued under subsection (2) of section 2 of the indian carriage by air act, 1934 (20 of 1934) and in force immediately before the commencement of this act shall be deemed to have been issued under sub-section (2) of this section and shall continue to be in force until such notification is supersededwife or husband, parent, step-parent, grand-parent, brother, sister, halfbrother, half-sister, child, step- child and grand-child :provided that in deducing any such relationship as aforesaid any illegitimate person and any adopted person shall be treated as being, or as having been, the legitimate child of his mother and reputed father or, as the case may be, of his adopters4 application of amended convention to india - (1) the rules contained in the second scheduled, being the provisions of the amended convention relating to the rights and liabilities of carriers , passengers, consignors, consignees and other persons shall, subject to the provisions of this act, have the force of law in india in relation to any carriage by air to which those rules apply, irrespective of the nationality of the aircraft performing the carriage(2) the central government may, by notification in the official gazette, certify who are the high contracting parties to the amended convention and in respect of what territories they are parties, and any such notification shall be conclusive evidence of the matters certified therein(3) an action to enforce the liability may be brought by the personal representative of the passenger or by any person for whose benefit the liability is under sub-section (2) enforceable, but only one action shall be brought in india in respect of the death of any one passenger, and every such action by whomsoever brought shall be for the benefit of all such persons so entitled as aforesaid as either are domiciled in india or not being domiciled there express a desire to take the benefit of the action(3) any reference in the second schedule to the territory of any high contracting party to the amended convention shall be construed as a reference to all the territories in respect of which he is party(4) any reference in the second schedule to agents of the carrier shall be construed as including a reference to servants of the carrier(4) subject to the provisions of sub- section(5), the amount recovered in any such action, after deducting any costs not recovered from the defendant, shall be divided between the persons entitled in such proportion as the court may direct5 liability in case of death - (1)notwithstanding any thing contained in the fatal accidents act, 1855 (13 of 1855) or any other enactment or rule of law, in force in any part of india, the rules contained in the first schedule and in the second schedule shall, in all cases to which those rules apply, determine the liability of a carrier in respect of the death of a passenger(5) the court before which any such action is brought may, at any stage of the proceedings, make any such order as appears to the court to be just and equitable in view of the provisions of the first schedule or of the second schedule, as the case may be, limiting the liability of a carrier and of any proceedings which have been or are likely to be commenced outside india in respect of the death of the passenger in question(2) the liability shall be enforceable for the benefit of such of the members of the passenger's family as sustained damage by reason of his death6 conversion of francs - any sum in francs mentioned in rule 22 of the first schedule or of the second schedule, as the case may be, explanation - in this sub-section, the expression " member of a family" means exceptions adaptations and modifications, if any, as may be so specifiedshall, for the purpose of any action against a carrier, be converted into rupees at the rate of exchange prevailing on the date on which the amount of damages to be paid by the carrier is ascertained by the court(2) the central government may, by notification in the official gazette, apply the rules contained in the second schedule and any provision of section 4 or section 5 or section 6 to such carriage by air, not being international carriage by air as defined in the second schedule, as may be specified in the notification, subject, however, to such exceptions, adaptations and modifications, if any, as may be so specified(3) every notification issued by the central government under section 4 of the indian carriage by air act, 1934 (20 of 1934) and in force immediately before the commencement of this act shall be deemed to have been issued under sub-section (1) and shall continue to be in force until such notification is superseded7 provisions regarding suits against high contracting parties who undertake carriage by air - (1) every high contracting party to the convention for the amended convention, as the case may be, who has not availed himself of the provision, of the additional protocol thereto shall, for the purposes of any suit brought in a court in india in accordance with the provisions, or rule 28 of the first schedule, or of the second schedule, as the case may be, to enforce a claim in respect of carriage undertaken by him be deemed to have submitted to the jurisdiction of that court and to be person for the purposes of the code of civil procedure, 1908 (5 of 1908)9 repeal —the indian carriage by air act,1934 (20 of 1934) is hereby repealed the first schedule(see section 3)(2) the high court may make rules of procedure providing for all matters which may be expedient to enable such suits to be instituted and carried on rules chapter i scope - definitions(3) nothing in this section shall authorise any court to attach or sell any property of a high contracting party to the convention or to the amended convention1 (1) these rules apply to all international carriage of persons, luggage or goods performed by aircraft for reward they apply also to such carriage when performed gratuitously by an air transport undertaking(2) in these rules " high contracting party"means a high contracting party to the convention8 application of act to carriage by air which is not international - (1) the central government may, by notification in the official gazette, apply the rules contained in the first schedule and any provision of section 3 or section 5 or section 6 to such carriage by air, not being international carriage by air as defined in the first schedule, as may be specified in the notification, subject, however, to such chapter ii documents of carriage part i— passenger ticket3 (1) for the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars :—(a) the place and date of issue ;(b) the place of departure and of destination;(3) for the purpose of these rules the expression, " international carriage" means any carriage in which according to the contract made by the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated either within the territories of two high contracting parties, or within the territory of a single high contracting party , if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another power, even though that power is not a party to the convention a carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same high contracting party is not deemed to be international for the purposes of these rules(c) the agreed stopping places, providedthat the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character;(d) the name and address of the carrier orcarriers;(e) a statement that the carriage is subject tothe rules relating to liability contained in this schedule(4) a carriage to be performed by several successive air carriers is deemed, for the purposes of these rules, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it has been agreed upon under the form of a single contract or of a series of contracts, and it does not loose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same high contracting party(2) the absence, irregularity or loss of thepassenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to these rules nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provision of his schedule which exclude or limit his liability2 (1) these rules apply to carriage performed by the state or by legally constituted public bodies provided it falls within the conditions laid down in rule 1 part ii - luggage ticket(2) these rules do not apply to carriage performed under the terms of any international postal convention4 (1) for the carriage of luggage, other than small personal objects of which the passenger take charge himself, the carrier must deliver a luggage ticket(2) the luggage ticket shall be made out in duplicate, one part for the passenger and the other part for the carriersubject to the provisions of rule, 9, be none the less governed by these rules(3) the luggage ticket shall contain the following particulars :—(a) the place and date of issue ;(b) the place of departure and of destination;6 (1) the air consignment note shall be made out by the consignor in three original parts and be handed over with the goods(c) the name and address of the carrier ofcarriers;(d) the number of the passenger ticket; (e) a statement that delivery of the luggagewill be made to the bearer of the luggage ticket;(f) the number and weight of the packages;(2) the first part shall be marked " for the carrier" and shall be signed by the consignor the second part shall be marked "for the consignee"; it shall be signed by the consignor and by the carrier and shall accompany the goods the third part shall be signed by the carrier and handed by him to the consignor after the goods have been accepted(g) the amount of the value declared inaccordance with rule 22(2);(3) the carrier shall sign an acceptance of the goods(h) a statement that the carriage is subject tothe rules relating to liability contained in this schedule(4) the signature of the carrier may be stamped; that of the consignor may be printed or stamped(5) if , at the request of the consignor, the carrier makes out the air consignment note, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor7 the carrier of goods has the right to require the consignor to make out separate consignment notes when there is more than one package(4) the absence, irregularity or loss of the luggage ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to those rules nevertheless, if the carrier accepts luggage without a luggage ticket having been delivered, or if the luggage ticket does not contain the particulars set out at (d), (f) and (h) of sub-rule (3), the carrier shall not be entitled to avail himself of those provisions of the schedule which exclude or limit his liability8 the air consignment note shall contain the following particulars :—(a) the place and date of its execution; part iii - air consignment note(b) the place of departure and of destination;5 (1) every carrier of goods has the right to require the consignor to make out and hand over to him a document called an " air consignment note"; every consignor has the right to require the carrier to accept this document(c) the agreed stopping places, provided thatthe carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character;(2) the absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall,(d) the name and address of the consignor;himself of the provisions of this schedule which exclude or limit his liability(e) the name and address of the first carrier;(f) the name and address of the consignee,if the case so requires;(g) the nature of the goods;10 (1) the consignor is responsible for the correctness of the particulars and statements relating to the goods which he inserts in the air consignment note(h) the number of the packages, the methodof packing and the particular marks of numbers upon them;(2) the consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said particulars and statements(i) the weight, the quantity and the volumeor dimensions of the goods;(j) the apparent condition of the goods andof the packing;11 (1) the air consignment note is prima facie evidence of the conclusion of the contract of the receipt of the goods and of the conditions of carriage(k) the freight, if it has been agreed upon,the date and place of payment, and the person who is to pay it;(l) if the goods are sent for payment ondelivery, the price of the goods, and if the case so requires, the amount of the expenses incurred;(m) the amount of the value declared inaccordance with rule 22(2);(n) the number of parts of the airconsignment note;(2) the statements in the air consignment note relating to the weight, dimensions and packing of the goods, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and conditions of the goods do not constitute evidence against the carrier except so far as they both have been, and are stated in the air consignment note to have been checked by him in the presence of the consignor, or relate to the apparent condition of the goods(o) the document handed to the carrier toaccompany the air consignment note;(p) the time fixed for the completion of thecarriage and a brief note of the route to be followed, if these matters have been agreed upon;(q) a statement that the carriage is subject tothe rules relating to liability contained in this schedule12 (1) subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the goods by with drawing them at the aerodrome of departure or destination, or by stopping them in the course of the journey on any landing or, by calling for them to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air consignment note, or by requiring them to be returned to the aerodrome of departure he must not exercise the right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right9 if the carrier accepts goods without an air consignment note having been made out, or if the air consignment note does not contain all the particulars set out in rule 8 (a) to (i) inclusive and (q), the carrier shall not be entitled to avail(2) if it is impossible to carry out the orders of the consignor the carrier must so inform him forthwithby rules 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carriers out the obligations imposed by the contract15 (1) rules 12, 13, and 14 do not affect either the relations of the consignor or the consignee, with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee(3) if the carrier obeys the orders of the consignor for the disposition of the goods without requiring the production of the part of the air consignment note delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air consignment note(2) the provisions of rules 12, 13 and 14can only be varied by express provision in the air consignment note(4) the right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with rule 13 nevertheless, if the consignee declines to accept the consignment note or the goods, or if he cannot be communicated with, the consignor resumes his rights of disposition16 (1) the consignor must furnish such information and attach to the air consignment note such documents as are necessary to meet the formalities of customs, octroi or police before the goods can be delivered to the consignee the consignor is liable to the carrier for any damage occasioned by the absence, in sufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his agents(2) the carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents13 (1) except in the circumstances set out in rule 12, the consignee is entitled, on arrival of the goods at the place of destination, to require the carrier to hand over to him the air consignment note and to deliver the goods to him, on payment of the charges due and on complying with the conditions of carriage set out in the air consignment note chapter iii liability of the carrier(2) unless it is otherwise agreed it is the duty of the carrier to give notice to the consignee as soon as the goods arrive17 the carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking(3) if the carrier admits the loss of the goods, or if the goods have not arrived at the expiration of seven days after the date on which they ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage14 the consignor and the consignee can respectively enforce all the rights given to them18 (1) the carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered luggage or any goods, if the occurrence which caused the damage so sustained took place during the carriage by air22 (1) in the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 1,25,000 francs where damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 1,25,000 francs nevertheless, by special contract the carrier and the passenger may agree to a higher limit of liability(2) the carriage by air within the meaning of sub-rule (1) comprises the period during which the luggage or goods are in charge of the carrier, whether in an aerodrome or on board an aircraft, or in the case of a landing outside an aerodrome, in any place whatsoever(3) the period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome if however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air(2) in the carriage of registered luggage and of goods, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum it the case so requires in that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that sum is greater than the actual value to the consignor at delivery19 the carrier is liable for damage occasioned by delay in the carriage by air of passengers, luggage or goods(3) as regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger20 (1) the carrier is not liable if he proves that he and his agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures(4) the sums mentioned in this rule shall be deemed to refer to the french franc consisting of sixty-five and a half milligrams gold of millesimal fineness nine hundred(2) in the carriage of goods and luggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handing of the aircraft or in navigation and that, in all other respects, he and his agents have taken all necessary measures to avoid the damage23 any provision tending to relieve the carrier of liability or to fix a lower limit than that which laid down in these rules shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract which shall remain subject to the provisions of this schedule21 if the carrier prover that the damage was caused by or contributed to by the negligence of the injured person the court may exonerate the carrier wholly or partly from his liability24 (1) in the cases covered by rules 18 and19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this scheduleaforesaid, no action shall lie against the carrier, save in the case of fraud on his part(2) in the cases covered by rules 17, the provisions of sub-rule (1) also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights27 in the case of the death of the person liable, an action for damages lies in accordance with these rules against those legally representing his estate25 (1) the carrier shall not be entitled to avail himself of the provisions of this schedule which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as is in the opinion of the court equivalent to wilful misconduct28 an action for damages must be brought at the option of the plaintiff, either before the court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the court having jurisdiction at the place of destination(2) similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any agent of the carrier acting within the scope of his employment29 the right of damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped26 (1) receipt by the person entitled to delivery of luggage or goods without complaint is prima facie evidence that the same have been delivered in good condition and in accordance with the document of carriage30 (1) in the case of carriage to be performed by various successive carriers and falling within the definition set out in sub-rule (4) of rule 1, each carrier who accepts passengers, luggage or goods is subjected to the rules set out in this schedule, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision(2) in the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of luggage and seven days from the date of receipt in the case of goods in the case of delay the complaint must be made at the latest within fourteen days from the date on which the luggage or goods have been placed at his disposal(3) every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the time aforesaid(2) in the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey(4) failing complaint within the times within one of the jurisdictions referred to in rule 2833 nothing contained in this schedule shall prevent carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this schedule(3) as regards luggage or goods, the passenger or consignor, will have the right of actionagainst the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place these carriers will be jointly and severally liable to the passenger or to the consignor or consignee chapter iv provisions relating to combined carriage34 this schedule does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business35 the expression "days" when used in these rules means current days, not working days31 (1) in the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this schedule apply only to the carriage by air, provided that the carriage by air falls within the terms of rule 1(2) nothing in this schedule shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this schedule are observed as regards the carriage by air chapter v36 when a high contracting party has declared at the time of ratification of or of accession to the convention that sub-rule (1) of rule 2 of these rules shall not apply to international carriage by air performed directly by the state its colonies protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority, these rules shall not apply to international carriage by air so performed the second schedule general and final provisions (see section 4) rules chapter 1 scope—definitions32 any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this schedule, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void nevertheless for the carriage of goods, arbitration clauses are allowed, subject to these rules, if the arbitration is to take place in the territory of one of the high contracting parties1 (1) these rules apply to all international carriage of persons, baggage or cargo performed by aircraft for reward they apply equally to gratuitous carriage by aircraft performed by an air transport undertaking chapter ii documents of carriage(2) in these rules, "high contracting party"means a high contracting party to the amended convention part i - passenger ticket3 (1) in respect of the carriage of passengers a ticket shall be delivered containing:(a) an indication of the places of departureand destination;(b) if the places of departure and destinationand within the territory of a single high contracting party one or more agreed stopping places being within the territory of another state, an indication of at least one such stopping place;(3) for the purposes of these rules, the expression, "international carriage" means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transshipment, are situated either within the territories of two high contracting parties or within the territory of a single high contracting party if there is an agreed stopping place within the territory of another state, even if that state is not high contracting party carriage between two points within the territory of a single high contracting party with an agreed stopping place within the territory of another state is not international carriage for the purposes of these rules(c) a notice to the effect that, if thepassenger's journey involves an ultimate destination or stop in a country other than the country of departure, the amended convention may applicable and that the amended convention governs and in most cases limits the liability of carriers for death or personal injury and in respect of loss of, or damage to, baggage(4) carriage to be performed by several successive air carriers is deemed, for the purposes of these rules to be one undivided carriage if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within the territory of the same state2 (1) these rules apply to carriage performed by the state or by legally constituted public bodies provided it falls within the conditions laid down in rule 1(2) these rules shall not apply to carriage of mail and postal packages(2) the passenger ticket shall constitute prima facie evidence of the conclusion and conditions of the contract of carriage the absence, irregularity or loss of the passenger tickets does not affect the existence or the validity of the contract of carriage which shall, none the less, be subject to these rules nevertheless, if, with the consent of the carrier, the passenger embarks without a passenger ticket having been delivered, or if the ticket does not include the notice required by sub-rule (1) (c) of this rule, the carrier shall not be entitled to avail himself of the provisions of rule 22 part ii - baggage checkhe shall not be entitled to avail himself of the provisions of sub-rule (2) of rule 22 part iii - air way bill4 (1) in respect of the carriage of registered baggage, a baggage check shall be delivered, which, unless combined with or incorporated in a passenger ticket which complies with the provisions of sub-rule (1) of rule 3 shall contain :5 (1) every carrier of cargo has the right to require the consignor to make out and hand over to him a document called an "air waybill"; every consignor has the right to require the carrier to accept this document(a) an indication of the places of departureand destination;(2) the absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of rule 9, be none the less governed by these rules(b) if the places of departure and destinationare within the territory of a single high contracting party, one or more agreed stopping places being within the territory of another state, and indication of at least one such stopping place;6 (1) the air waybill shall be made out by the consignor in three original parts and be handed over with the cargo(c) a notice to the effect that, if the carriageinvolves an ultimate destination or stop in a country other than the country of departure, the amended convention may be applicable and that the amended convention governs and in most cases limits the liability of carriers in respect of loss of, or damage to, baggage(2) the first part shall be marked "for the carrier", and shall be signed by the consignor the second part shall be marked "for the consignee"; it shall be signed by the consignor and by the carrier and shall accompany the cargo the third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted(3) the carrier shall sign prior to the loading of the cargo on board the aircraft(4) the signature of the carrier may be stamped; that of the consignor may be printed or stamped(5) if, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor(2) the baggage check shall constitute prima facie evidence of the registration of the baggage and of the conditions of the contract of the carriage the absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage which shall, none the less, be subject to these rules nevertheless, if the carrier takes charge of the baggage without a baggage check having been delivered or if the baggage check [unless combined with or incorporated in the passenger ticket which complies with the provisions of sub-rule (1) (c) of rule 3] does not include the notice required by sub-rule (1) (c) of this rule,7 the carrier of cargo has the right to require the consignor to make out separate waybills when there is more than one package8 the air waybill shall contain :(a) an indication of the places of departureand destinationcargo as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carriers except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the cargo(b) if the places of departure and destinationare within the territory of a single high contracting party, one or more agreed stopping places being within the territory of another state, an indication of at least one such stopping place;(c) a notice to the consignor to the effectthat, if the carriage involves an ultimate destination or stop in a country other than the country of departure, the amended convention may be applicable and that the amended convention governs and in most cases limits the liability of carriers in respect of loss of, or damage to, cargo12 (1) subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the aerodrome of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the places of destination or in the course of the journey to a person other than the consignee named in the air waybill or by requiring it to be returned to the aerodrome of departure he must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right9 if, with the consent of the carrier, cargo is loaded on board the aircraft without an air waybill having been made out, or if the air waybill does not include the notice required by rule 8(c), the carrier shall not be entitled to avail himself of the provisions of sub-rule (2) of rule 22(2) if it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith10 (1) the consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill(3) if the carrier obeys the orders of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill(2) the consignor shall indemnify the carrier against all damage suffered by him, or by any other person to whom the carrier is liable, by reason of the irregularity, incorrectness or incompleteness of the particulars and statements furnished by the consignor11(1) the airway bill is prima facie evidence of the conclusion of the contract of the receipt of the cargo and of the conditions of carriage(4) the right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with rule 13 nevertheless, if the consignee declines to accept the waybill or the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition(2) the statements in the air waybill relating to the weight dimensions and packing of the consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his servants or agents13 (1) except in the circumstances set out in the preceding rule, the consignee is entitled on arrival of the cargo at the place of destination to require the carrier to hand over to him the air waybill and to deliver the cargo to him, on payment of the charged due and on complying with the conditions of carriage set out in the air waybill(2) the carrier is under no obligation to enquire into the correctness or sufficiency of such information or documents chapter iii liability of the carrier(2) unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives(3) if the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage17 the carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking14 the consignor and the consignee can respectively enforce all the rights given to them by rules 12 and 13 each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract18 (1) the carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air15 (1) rules 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or mutual relations of third parties whose rights are derived either from the consignor or from the consignee(2) the carriage by air within the meaning of the preceding sub-rule comprises the period during which the baggage or cargo is in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever(2) the provisions of rules 12, 13 and 14can only be varied by express provision in the air waybill(3) nothing in these rules prevents the issue of a negotiable air waybill16(1) the consignor must furnish such information and attach to the air waybill such documents as are necessary to meet the formalities of customs, octroi or police before the cargo can be delivered to the consignee the(3) the period of the carriage by air does not extend to any carriage by land, by the sea or by river performed outside an aerodrome if however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or transshipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air19 the carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo20 the carrier is not liable if he proves that he and his servants or agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measuresobject contained therein, the weight to be taken into consideration in determining the amount to which the carrier's liability is limited shall be only the total weight of the packages or packages concerned nevertheless, when the loss damage or delay of a part of the registered baggage or cargo, or of an object contained therein, affects the value of other packages covered by the same baggage check or the same air waybill, the total weight of such package or packages shall also be taken into consideration in determining the limit of liability21 if the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the court may, in accordance with the provisions of its own law, exonerate the carrier wholly or party from his liability(3) as regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger22 (1) in the carriage of persons the liability of the carrier for each passenger is limited to the sum of 2,50,000 francs where in accordance with the law of the court seized of the case, damages may be awarded in the form of periodical payments the equivalent capital value of the said payments shall not exceed 250000 francs nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability(4) the limits prescribed in this rule shall not prevent the court from awarding, in accordance with its own law, in addition, the whole or part of the court costs and of the other expenses of the litigation incurred by the plaintiff the foregoing provision shall not apply if the amount of the damages awarded, excluding court cost and other expenses of the litigation, does not exceed the sum which the carrier has offered in writing to the plaintiff within a period of six months from the date of the occurrence causing the damage, or before the commencement of the action, if that is later(2) (a) in the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the passengers or consignor has made, at the time when the package was handed over to the carrier, a special declaration of interest in delivery at destination and has paid a supplementary sum if the case so requires in that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that, that sum is greater than the passenger's or consignor's actual interest in delivery at destination(5) the sums mentioned in francs in this rule shall be deemed to refer to a currency unit consisting of sixty-five and a half milligrams of gold of millesimal fineness nine hundred these sums may be converted into national currencies in round figures conversion of the sums into national currencies other than gold shall, in case of judicial proceedings, be made according to the gold value of such currencies at the date of the judgement(b) in the case of loss, damage or delay of part of registered baggage or cargo, or of any(2) the aggregate of the amount recoverable from that he acted within the scope of his employment, shall not exceed the said limits23 (1) any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in these rules shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of these rules(3) the provisions of sub-rules (1) and (2)of this rule shall not apply if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result(2) sub-rule (1) of this rule shall not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried27 (1) receipt by the person entitled to delivery of baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage24 (1) in the cases covered by rules 18 and19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in these rules(2) in the cases covered by rule 17 the provisions of the preceding sub-rule also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights(2) in the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within seven days from the date of receipt in the case of baggage and fourteen days from the date of receipt in the case of cargo in the case of delay the complaint must be made at the latest within twenty one days from the date on which the baggage or cargo have been placed at his disposal25 the limits of liability specified in rule22 shall not apply if it is proved that the damage resulted from an act or omission of the carrier, his servants or agents, done with intent to cause damage or recklessly and with knowledge that damage would probably result; provided that in the case of such act or omission of a servant or agent, it is also proved that he acting within the scope of his employment(3) every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid(4) failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part28 in the case of the death of the person liable, an action for damages lies in accordance26(1) if an action is brought against a servant or agent of the carrier arising out of damage to which these rules relate, such servant or agent, if he proves that he acted within the scope of his employment, shall be entitled to avail himself of the limits of liability which that carrier himself is entitled to invoke under rule 22agreement, the first carrier has assumed liability for the whole journeywith the terms of these rules against those legally representing his estate29 (1) an action for damages must be brought, at the option of the plaintiff, in the territory of one of the high contracting parties, either before the court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the court having jurisdiction at the place of destination(3) as regards baggage or cargo, the passenger or consignor will have a right or action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, damage or delay took place these carriers will be jointly and severally liable to the passenger or to the consignor or consignee(2) questions of procedure shall be governed by the law of the court seized of the case chapter iv provisions relating to combined carriage30 (1) the right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped32 (1) in the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this schedule apply only to the carriage by air, provided that the carriage by air falls within the terms of rule 1(2) the method of calculating the period of limitation shall be determined by the law of the court seized of the case(2) nothing in this schedule shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this schedule are observed as regards the carriage by air chapter v general and final provisions31 (1) in the case of carriage to be performed by various successive carriers and falling within the definition set out in sub-rule (3) of rule 1, each carrier who accepts passengers, baggage or cargo is subjected to the rules set out in this schedule, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision33 any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this schedule,(2) in the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express regulations which do not conflict with the provision of this schedulewhether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void nevertheless, for the carriage of cargo arbitration clauses are allowed, subject to these rules, if the arbitration is to take place within one of the jurisdictions referred to in sub-rule (1) of rule 2935 the provisions of rules 3 to 9 (inclusive)relating to documents of carriage shall not apply in the case of carriage performed in extraordinary circumstances outside the normal scope of an air carrier's business34 nothing contained in this schedule shall prevent the carrier either from refusing to enter into any contract of a carriage, or from making36 the expression "days" when used in these rules means current days, not working days

Parliament_bills

448079bb-53cd-50bb-8c40-eb549e77b35b

bill no 179 of 2016 the farmers welfare fund bill, 2016 by shri sukhbir singh jaunapuria, mp a billto provide for the constitution of farmers welfare fund 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 farmers welfare fund act, 2016short title and extent(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(i) "farmer" means any person engaged in agriculture and whose landholding does not exceed five acres of land;(ii) "fund" means farmers welfare fund constituted under section 3; and (iii) "prescribed" means prescribed by rules made under this act53 (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 actconstitution of farmers welfare fund(2) the central government and the state governments shall contribute to the fund in such proportion as may be prescribed10(3) such other sums as may be received by way of donation, contribution or assistance or otherwise shall also be credited to the fund4 (1) the central government shall set up a farmers welfare board for the purpose of administering the fund(2) the board shall consist of—constitution of farmers welfare board for administering the fund15(i) a chairperson, to be appointed by the central government;(ii) one representative each of the union ministries of power, water resources,river and ganga rejuvenation, new and renewable energy, rural development and finance;(iii) one representative of the niti aayog;20(iv) one representative of every state government;(v) three members representing the agro-based commerce and industry sector,to be appointed by the central government in such manner as may be prescribed;(vi) one representative of the farmers, to be appointed by the central governmentin such manner as may be prescribed; and25(vii) the secretary of the union ministry of agriculture and farmers welfarewho shall be ex-officio secretary to the board(3) the salary and allowances payable to and other terms and conditions of service of chairperson and other members of the board shall be such as may be prescribed30(4) the central government shall provide to the board such number of officers and staff as may be required for its efficient functioning5 (1) the board shall formulate policies and guidelines regarding welfare of the farmersduties of the board(2) the board shall utilize the fund for the following purposes:—| ( | i | ) free education to the children of farmers; ||-------------------------------------------------------|-----|---------------------------------------------------------------------------------|| ( | ii | ) free medical facilities for farmers and their families; || 35 | | || ( | iii | ) payment of disability allowance to farmers for injuries leading to disability || sustained at work; | | || ( | iv | ) life insurance cover to the farmers; || ( | v | ) compensation to the farmers or their families, as the case may be, in case of || accidents resulting in permanent disability or death; | | || 40 | | || ( | vi | ) payment of old age pension to the farmers; || ( | vii | ) payment of subsistence allowance to the farmers during off-season; and | (viii) financial assistance to the farmers at the time of marriage of their children, particularly daughterssurvey of farmers56 (1) every state government and the union territory administration, shall conducta district-wise survey, in such manner and with such details, as may be prescribed, of all farmers within their respective jurisdictions and cause the same to be published in such manner and form, as may be prescribed(2) any complaint or objection relating to inclusion or omission of name of any farmer shall be addressed to the district magistrate concerned who shall, after due inquiry, decide upon the rectification of the records10| 7 ||---------------------------------------------------------------------------------------------|| whether for farming or personal needs, without seeking any mortgage or guarantee or putting || any other condition || banks to give || loans to || farmers || without any || guarantee |(2) the rate of interest charged on loans provided under sub-section (1) shall not exceed four per cent simple interest per annum:15provided that the rate of interest shall not be increased before five years from thecommencement of this act and any subsequent increase in the rate of interest shall also not be made before a lapse of five yearspower to make rules8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the 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 reasonseven though farmers and agriculture form the backbone of our economy, it is surprising that government does not have any proper policy for the welfare of farmers as well as their family members the condition of farmers who own small holding of land is even worse there are a few welfare schemes in existence but these have not resulted in any noticeable improvement in their living conditions there is no institutional arrangement to meet their credit needs for that, they have to depend upon the local bankers and mahajans who charge exorbitant rates of interest once in debt, it becomes very difficulty for them to come out of this debt trap in some parts of the country, farmers are committing suicide as they are neck deep in debt if this trend is not reversed soon, it can be easily imagined that what is going to happen it may also threaten the food security which we have attained after a lot of strugglethere is need for providing a net of social security for them banks and financial institutions should also provide loans to the farmers at low rates and without stringent conditions with regard to guarantee and mortgagethe bill seeks to achieve the above objectivesnew delhi;sukhbir singh jaunapuriajuly 4, 2016 financial memorandumclause 3 of the bill provides for the constitution of a farmers welfare fund to which the central and state governments shall contribute in such proportion as may be prescribed clause 4 provides for the constitution of a board to manage the fund clause 5 provides for the utilisation of fund for welfare measures of the farmers clause 6 provides for conducting of district-wise survey of all the farmers covered by the provisions of the bill the expenditure relating to state shall be borne out of the consolidated funds of the respective states however, the expenditure in respect of union territories shall be brone out of the consolidated fund of india the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees twenty thousand crore will be involveda non-recurring expenditure of about rupees twenty-five thousand crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for the constitution of farmers welfare fund and for matters connected therewith or incidental thereto————(shri sukhbir singh jaunapuria, mp)gmgipmrnd—1429ls(s3)—22-07-2016

Parliament_bills

98b0cb0b-4f0c-58f6-a993-f67329f6eb1b

bill no lii of 2010 the compulsory pre-marital hiv test and other measures bill, 2010 a billto provide for compulsory hiv test for the couples intending to be married and also for establishing the aids controlling authority to provide counselling and other necessary measures to prevent aids and for matters connected therewith and incidental theretobe it enacted by the parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the compulsory pre-marital hiv test and other measures act, 2010short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date, as the central government may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires—(a) "aids" means acquired immuno deficiency syndrome in a person resultingfrom hiv infection;(b) "appropriate government" means in the case of a state, the government ofthat state and in other cases, the central government;(c) "authority" means the aids controlling authority for prevention of aidsconstituted under section 5;(d) "certificate" means a pre-marital health certificate issued after conductinghiv test;(e) "certified health centres" means health institutions including laboratories/clinics certified to carry out test for detection of hiv;(f) "hiv" means human immuno deficiency virus; (g) "hiv infection" means the presence of hiv antibodies or antigens in thebody of a person detected on the basis of specialized test;(h) "hiv infected person or aids patient" means any person certified by any recognized health institution as a carrier of hiv or infected by aids;(i) "prescribed" means prescribed by rules made under this act; (j) "test" means a serological procedure followed for detection of hiv antibodies or antigens in the body of a person 3 (1) the central government shall, as soon as possible, after commencement of this act, by notification in the official gazette, announce compulsory pre-marital test for couples intending to be marriedcompulsory hiv test for marrying couples(2) the test under sub-section (1) shall be done only by the certified health centres in such manner as may be prescribed(3) the certified health centres shall, within such time as may be specified, issue a certificate in such form and in such manner as may be prescribed to the couples who have been tested declaring their status of health about hiv infectionpenalty4 whoever contravenes the provisions of this act and the rules made thereunder shallbe punishable with imprisonment for a term which may extend to two years and also with fine which may extend to fifty thousand rupees5 the appropriate governments shall, within their territorial limits, establish such number of health centres, as may be prescribed for carrying out the provisions contained in sub-sections (2) and (3) of section 3health centres to be established by govt6 (1) the central government shall by notification in the official gazette constitute an authority to be known as the aids controlling authority in the centre for prevention of aids and taking other necessary measuresestablishment of aids controlling authority(2) the authority shall consist of the following members, namely:—(i) the union minister of health, who shall be the ex-officio chairman of the authority;(ii) three members of parliament, two from the lok sabha and one from the rajya sabha, who shall be elected by the respective houses of parliament as members of the authority for a period of three years;(iii) five members to be nominated by the appropriate government from different non-governmental organization (ngo) having specialized knowledge in the field of prevention, control and research in aids;(iv) five medical specialists to be appointed by the central government having profound knowledge, expertise in the field of aids in such manner as may be prescribed;(v) the secretary to the union health ministry who shall be the ex-officio secretary of the authority (3) the head office of the authority shall be at delhi (4) the authority may establish as many offices in states and ut as may be necessary for its efficient functions(5) without prejudice to the generality of the provision contained in sub-section (1), the authority shall be in co-ordination with central and state governments responsible to;(i) create awareness among people to prevent aids by involving print and electronic media;(ii) involve non-government organisations (ngos), social workers, social groups and religious leaders in aids prevention and control programmes;(iii) prepare health volunteers for rural areas and engage them to educate people about implications of aids;(iv) encourage people particularly those intending to be married for pre-marriage counselling;(v) determine accurate procedures for testing hiv by health centres in consultation with medical specialists;(vi) ensure that no tampering with the certificate issued by the health centres is done at any level;(vii) arange post marital counselling programmes from time to time for married couples;(viii) provide free counselling and test facilities to the poor; (ix) provide medical and social support to the hiv infected persons; (x) take massive preventive and treatment measures for high risk groups, such as, doctors, nurses, technicians and intravenous drug users;(xi) carry out, survey for detecting aids casesannual report of the authority7 (1) the authority shall prepare ana annual report giving an account of its activities carried out during the previous year and shall submit it to the central government within such time and in such manner as may be prescribed(2) the central government shall as soon as may be possible but not later than such period as may be prescribed, cause laying of the report submitted under sub-section (1) before both the houses of parliament 8 the central government shall by due appropriation made by the parliament in this regard make available adequate funds for the purposes of this act9 the act shall be in addition to and not in derogation of any other law for the time being in forceact to be in addition to other laws power to make rules10 the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act statement of objects and reasonsaids today has gripped the whole world in its deadly paws india is not an exception and, in fact, the number of persons infected by hiv is escalating at an alarming speed according to one estimate, twenty-five million people are expected to be aids victims by 2010 in the country and with the number increasing the disease has taken shape of an epidemic having devastating effect on the lives of the affected people of the total population, around half are adults falling in the sexually active age group around 39 per cent of the total hiv infected persons in the country are females and 35 per cent are children which is a major cause of concern aids, is known as someone elses disease because in majority of cases, it is transmitted by the infected to the innocent victim besides, there remains fear of stigma and social rejection for a person who comes in contact with the disease or tested positive as it is largely known as sexually transmitted disease it has been found that women get infected by their male partners and children get the disease through their parents similarly, high risk group such as doctors, nurses, technicians and commercial sex workers are more prone to catch the virusthere have been many aids prevention and control programmes in the country but sadly there is no legislation so far to contain spread of this deadly disease it is felt that at some stage, say before marriage, if couples intending to be wedded are compulsorily required to get themselves tested for hiv, severity of the menace can be checked to a larger extent a legislation is, therefore, need of the hour to give effect to this proposalhence this billjanardhan waghmare financial memorandumclauses 5 and 6 of the bill propose for the establishment of health centers and aidscontrolling authority by the appropriate government the bill, if enacted, would involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees one hundred crore would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely to be incurred memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules to carry out the purposes of the bill it will relate to matters of details only the delegation of legislative power is of normal character———— a billto provide for compulsory hiv test for the couples intending to be married and also for establishing the aids controlling authority to provide counselling and other necessary measures to prevent aids and for matters connected therewith and incidental thereto————(dr janardhan waghmare, mp)gmgipmrnd—4357rs(s3)—27-08-2010

Parliament_bills

643409cf-20d2-56da-b208-63c5ef02d3e9

bill no xlv of 2009 the prevention of hunger and malnutrition and right to food bill, 2009 a billto provide for measures to prevent and eradicate hunger and malnutrition from the countryand provide the citizens the right to food and for matters connected therewith or incidental theretowhereas millions of people in india suffer due to food scarcity and malnutrition despitesurplus food and stocks;and whereas hundreds of people particularly children in the country die each day due tohunger and malnutrition related causes;and whereas the national family health survey 2006 shows that the child under nutritionrate in india is forty-six per cent which is double that of sub-saharan africa;and whereas in the global hunger index (2008) india ranks sixty-sixth among the eightyeight countries surveyed by the international food policy research institute, women and children are the worst sufferers;and whereas the recently rise in the prices of food has further made the people's access tofood difficultbe it enacted by parliament in the sixtieth year of the republic of india as follows:— 1 (1) this act may be called the prevention of hunger and malnutrition and right to food act, 2009short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "adequate food" means minimum food and nutrition required for active and healthy life and includes potable water;(c) "chronic food insecurity" means continuous and on going lack of access to adequate food to meet dietary needs for an active and healthy life style;(d) "below poverty line" means criteria notified by the central government for targeting the people eligible for welfare schemes of the government;(e) "extreme poverty" means people living with half of the income notified by central government for below poverty line;(f) "prescribed" means prescribed by rules made under this act; and (g) "state" means the central government, the state governments and the local self governments 3 (1) every citizen in the country shall have the right to adequate foodright to adequate food(2) the state shall, within a period of five years from the date of commencement of the act ensure that every citizen in the country has access to adequate food in such quality and manner as may be prescribed(3) the state shall ensure that no citizen in its territorial jurisdiction goes without food even for a day and no one lives in chronic food insecurity(4) for the purposes of sub-section (1) of section 3, the central government shall, in consultation with the government of states, prepare a comprehensive food security strategy inter-alia involving experts, non-governments organisations, cooperatives and community based organizations to address the nutrition and food security at the individual and community level(5) the central government shall, by notification in the official gazette announce one or more schemes to give effect to the provisions of section 3(6) without prejudice to the generality of the aforesaid provisions, the people living in extreme poverty shall first be covered under the right to food followed by the people living below poverty line(7) the appropriate government shall, by a special survey, prepare separate data of the families living in extreme poverty and those living below poverty line and assess the need of each household on individual basis(8) the appropriate government shall provide adequate food to the people living in extreme poverty free of cost and to the people living below poverty line at such rate and quantity, as may be prescribed:provided that while providing adequate food to the below poverty line families, it shall be ensured that the total expenditure on food for a below poverty line family shall not be more than thirty per cent of the family or individual income4 the central government shall, by notification in the official gazette, constitute a committee of experts to determine about the nutritional needs of individual in different areas and occupation depending upon their daily requirement in such manner, as may be prescribedcommittee of experts to determine nutritional needs5 (1) the central government shall, in consultation with government of each state, appoint a monitoring committee in each state and union territory to oversee the implementation of the act and give its periodic report in such manner, as may be prescribedmonitoring committee to oversee the implementation(2) the composition and the terms and conditions of the committee shall be such, as may be prescribed by the central government(3) without prejudice to the generality of sub-section (2) of section 5, the committee shall have in its composition at least five members of parliament representing the state, who shall be chosen by rotation in such manner, as may be prescribed and also shall have adequate representation of the respected and eminent persons of the state or union territory for which the committee is constituted:provided that the states and union territories represented by less then five members of parliament shall have in the committee's composition the same number of members of parliament which represent them in parliament6 the appropriate government shall make all efforts to stimulate rural economy particularly, agriculture and non-agriculture based activities to increase production and generate employment for the citizens living in rural areas7 the central government shall give wide publicity through print and electronic media to the provisions of the act, rules and various schemes launched under itappropriate government to stimulate rural economy wide publicity to the schemes under the act annual report8 (1) the central government shall, in such manner and at such time, as may be prescribed prepare an annual report giving full account of the activities carried out under the act particularly the implementation of the national strategy and lay it before each house of parliament(2) for the purpose of sub-section (1) of section 8, the government of all states shall give all the required inputs within such period, as may be required to submit the annual report in time9 the central government shall, by due appropriation made by parliament in this regard, provide funds for the purposes of this actcentral government to provide funds power to remove difficulty10 if any difficulty arises in giving effect to the provisions of this act, the central government may make such orders or give such directions, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty:provided that no such order shall be made after the expiry of the period of three years from the date of commencement of this actoverriding effect of this act and savings11 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force but save as aforesaid, the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in forcepower to make rules12 (1) the government may by notification in the official gazette, make rules for carrying out the purposes of this act(2) every order and 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 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 reasonsthere is persistent hunger and malnutrition in many parts of the country contrary to the fact that many a time we have food surplus and stocks adverse impact on agriculture and rising food prices are the main reasons for food insecurity in the country often, we come across disturbing media reports of starvation death, hunger and malnutrition killing thousands of persons in the country particularly the children in madhya pradesh, chhattisgarh, jharkhand and andhra pradesh the incidence of child deaths and low weight babies due to malnutrition are very high article 21 of the constitution provides to the citizen of this country right to life the right to food is one of the basic and social rights linked to article 21 without which the political democracy is incomplete there are shocking results of the national family health survey 2006 showing that child nutrition rate in india is 46% which is double the figures of sub-saharan africa, which is economically poorer than india in the global hunger index 2008, we rank sixty sixth among the eighty-eight and countries come below sudan, nigeria and cameroonwe are the seventh largest nation in terms of geographical area in the world and have a large fertile land therefore, we are strong enough to achieve food security for our citizen all that is required to be done to achieve it is to have an equitable and sustainable food distribution system along with increase in agriculture activities and enhancing the purchasing power of the citizens to buy food certain programmes of the central government is inshrined in the national rural employment guarantee act are already in place to enhance the purchasing power of the citizens indentifying the right beneficiaries and ensuring that the benefits reach the target group are the two major challenges in giving right to foodthough only handful countries have achieved total food security and a few of them have enacted legislations south africa is one of them the time has come now to put in place a comprehensive right to food legislation that can check the malnutrition we cannot afford to allow to hunger continue to haunt the countryhence this billmabel rebello financial memorandumclause 3 of the bill provides that there shall be right to food to each citizen of the country clause 4 provides that there shall be an expert committee to determine the nutritional needs clause 5 provides for constitution of the monitoring committee clause 6 talks about stimulating the rural economy and clause 9 says that the central government shall provide funds for the purposes of this act though it is very difficult to estimate but it is expected that the legislation may initially require two thousand crore from the consolidated fund of india a non-recurring expenditure to the tune of rupees ten crore may also be involved memorandum regarding delegated legislationclause 12 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of a normal character————— a billto provide for measures to prevent and eradicate hunger and malnutrition from thecountry and provide the citizens the right to food and for matters connectedtherewith or incidental thereto—————(ms mabel rebello, mp)

Parliament_bills

33247f3e-ee2d-5221-b90c-854b26b1ce35

bill no lxxvii of 2010 the distressed farmers (special facilities, protection and welfare) bill, 2010 abillto provide for the special facilities and protection of distressed farmers who are affectedby various natural calamities, and victims of indebtedness, physical infirmities, diseases, old age, exploitation, etc by giving adequate compensation, extending relief measures, removal of indebtedness, prevention of exploitation by moneylenders and other unscrupulous elements, extending easy and hassle free bank loans, giving remunerative prices for their produce, improving farming practices through scientific means, extending compulsory market intervention in case of bumper crop, compulsory insurance of crops and livestock, old age allowance, medicare and other welfare measures to ensure that they do not commit suicide and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—5 54 of 1966(a) "agricultural produce" include wheat, paddy, coarse cereals like maize, jowar, bajra, millet, barley, madwa, soyabean etc, pulses including gram and all types of beans and peas, cotton, sugarcane, oilseeds, tobacco, vegetables, jute, all types of spices, coconut, all fruits including areca nuts, chillies and such other crops grown by farmers and produces which may be notified by the central government in the official gazette, from time to time and also include seeds as defined in the seeds act, 1966;(b) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;10(c) "bumper crop" means the excess yield of any agricultural produce of a farmer which does not give reasonable return to the farmer after selling the yield as compared to its cost of production;(d) "crop insurance" means insuring the crops in the event of loss of crop due to any natural calamity and include losses suffered by farmer on account of bumper crop;15(e) "farmer" means a person who owns land and cultivates or causes it to be cultivated for agricultural purposes or for horticulture purposes and includes all farmers big, middle, small and marginal farmers as idenified by the planning commission of the central government;20(f) "fund" means the farmers natural calamity assistance fund established under section 4;(g) "natural calamity" include drought, flood, excessive rains, cloudbursts, cyclone, super cyclone, tsunami, storm, hailstorm, winds, frost, winterkill, lightening, fire, excessive snowfall, earthquake, wild life, insect infection, plant disease and such other natural causes as may be prescribed;25(h) "prescribed" means prescribed by rules made under this actlong-term national action plan for welfare of farmers303 (1) notwithstanding anything contained contrary in any other law for the time being in force, the central government shall as soon as may be, but within one year of the commencement of this act, formulate and publish in the official gazette, a long term action plan for the overall welfare of the farmers and more so for the distressed farmers of the desert, drought prone, hilly, flood prone, coastal and other natural calamity prone areas and regions of the country as may be necessary, incidental or conducive for such plan and shall take appropriate measures for the uniform implementation of such action plan(2) in particular and without prejudice to the generality of the provisions contained in sub-section (1) of section 3 such action plan may include,—35(a) provision of immediate interim relief or ex-gratia payment to distressed farmersaffected by natural calamity;40(b) comprehensive crop and livestock insurance scheme in which insurancepremium of small and marginal farmers shall be borne by the central government to provide relief to the farmers in distress affected by natural calamity or who suffer losses on account of bumper crop;(c) ensuring remunerative prices for the agricultural produce of the farmers through minimum support price mechanism or other appropriate measures;(d) compulsory market intervention scheme in case of bumper crop of any agricultural produce without the formalities of making requests etc, by the concerned state authorities so as to procure or arrange to procure the excess yield of the farmers;45(e) institutional mechanism for efficient marketing and export of agriculturalproduce of the farmers;(f) making easy availability of fertilizers, pesticides and quality seeds to farmers at affordable prices;(g) ensuring timely completion of irrigation projects to provide requisite irrigationfacilities to the farmers to save them from the vagaries of nature;510(h) comprehensive measures for the removal of indebtedness of the distressedfarmers by way of writing-off loans and interest accrued thereon if crops are lost by natural calamity, providing easy loans with nominal interest from banks and financial institutions by removing the hurdles of complicated procedures, technicalities and collaterals, and saving the distressed farmers from the clutches of greedy moneylenders so that they may be saved from resorting to extreme step of committing suicide; and(i) welfare scheme including old age allowance for all farmers and their spouses,free medical care, shelter to the needy ones and for such other provisions as may be deemed necessary154 (1) the central government shall, as soon as may be, but within six months of the commencement of this act, establish a fund to be called the farmers natural calamity assistance fund for carrying out the purposes of this actestablishment of farmers natural calamity assistance fund(2) the initial corpus of the fund established under sub-section (1) of section 4 shall be fifty thousand crore rupee to be provided by the central government after due appropriation made by parliament by law in this behalf20(3) after the initial constitution of the fund, moneys shall be provided to the fund by the central and state governments in such proportion and in such manner as may be prescribed(4) the fund shall also comprise moneys received from the general public, body corporates, domestic and foreign financial institutions as donations, gifts, etc25(5) the fund shall be utilized for providing immediate financial assistance, ex-gratia,compensation to the distressed farmers affected by any natural calamity or disaster in such manner as may be prescribed30(6) the fund shall also be utilized for providing special assistance or package as may be formulated by the appropriate government for the children, women, physically challenged farmers, old farmers and such other persons vulnerable to the aftermath of natural calamity in such manner as may be prescribed5 (1) notwithstanding anything contained in any other law for the time being in force, it shall be the duty of the appropriate government to,—certain facilities and miscellaneous provisions for farmers35(a) make sure that every distressed farmer affected by natural calamity who haslost his crop, livestock, movable or immovable property or life of kith or kin gets timely adequate compensation;(b) publicise the weather forcasts during the sowing seasons in different parts of the country through the print and electronic media and in particular through all india radio and doordarshan in such manner as the appropriate government may deem fit and necessary;40 45(c) to consistently monitor the sowing and production trends of crops of agricultural produce right from the beginning of every sowing season so as to make correct estimates of likely yields, local consumption needs, purchases by government agencies under minimum support price (msp) mechanism, surplus and such other eventualities to ensure that farmers are not affected in any manner therefrom(d) ensure that when there is bumper crop of any agricultural produce the farmers do not resort to distress sale of that produce and to prevent such sale shall extend the compulsory market intervention scheme in such area and provide subsidised transportation facility to carry the surplus produce to the identified areas of the state or of the neighbouring states where such produce is likely to be in demand or consumed and make necessary marketing and yard facilities for such bumper crop;5(e) remove the middlemen, moneylenders and unscrupulous traders who exploit the farmers in case of bumper crop in such manner as it may deem fit necessary to do so;(f) establish agricultural farms in every block of the country which shall ensure timely and adequate supply of quality seeds and saplings at affordable rates to the farmers;10(g) establish agricultural universities and krishi vigyan kendras at conspicuous places for promotion of agricultural as a whole;(h) establish modern veterinary hospitals and clinics in every block to assist farmers in animal husbandry;15(i) promote agro based industries such as food processing, dairy, poultry, rearing of animals, piggery, bee keeping, bakery, etc in order to enhance the farm income of the farmers;(j) promote co-operative farming and contract farming to promote better farm management and farm techniques with a view to making agriculture economically viable and sustainable;20(k) promote cultivation of vegetable, floriculture, horticulture, spices, pisciculture, sericulture, herbals and plants of medicinal values, bamboo and cane, along with handloom and handicrafts and other village arts in the suitable areas to supplement the income of the farmers;25(l) promote organic farming, use of natural manure, use of biomass for energy production, rain water harvesting tehcniques, use of solar and wind energy for the benefit of farmers;(m) promote traditional water bodies such as wells, ponds etc, and provide sprinkler and other irrigation facilities and regular power supply to the farmers; and30(n) provide such other facilities as may be necessary, incidental and expedient as may be prescribed 6 it shall be duty of the appropriate government to provide every farmer,—certain welfare measures for farmers(a) medical facilities including medicines and hospitalisation wherever necessary free of cost;35(b) educational facilities including technical medical, vocational, information technology and higher education at the college and university level free of cost to the children of farmers;(c) adequate old age allowance which is sufficient to lead a dignified life; (d) disability pension in case he is physically challenged;40(e) recreational and entertainment facilities through individual or community centres; and(f) such other welfare and protective measures as may be deemed necessary and appropriate or as may be prescribed45special credit facilities for distressed farmers7 (1) nothwithstanding anything contained in any other law for the time being in force, it shall be obligatory for all the public, private and cooperative sector banks and financial institutions to provide hasslefree credit facilities with nominal interest or without any interest thereon to the distressed farmers affected by any natural calamity or to face the aftermath of any natural calamity in his agricultural operations(2) the banks and financial institutions referred to in sub-section (1) of section 7 shall also waive the recovery of any outstanding loan against any distressed farmer affected by any natural calamity for at least a year after the said natural calamity and shall not refuse a fresh loan to such farmer on this ground so as to enable him to carry out his agricultural operations58 (1) the central government shall provide after due appropriation made by parliament by law in this behalf, necessary requisite funds, from time to time, for carrying out the purposes of this actcentral government to provide requisite funds10(2) it shall be the duty of every state government in implementing the provisions ofthis act and the central government shall place necessary funds at the disposal of every state government for this purposepower to remove difficulty9 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, not inconsistent with the provisions of this act, remove the difficulty:15provided that no such order shall be made after the expiry of two years from thecommencement of this act(2) every order made under sub-section (1) of section 9 shall be laid, as soon as may be, after it is made, before each house of parliament20act to have over-riding effect10 the provisions of this act and the rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force but save as aforesaid the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this actpower to make rules2511 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 our country resides in villages because majority of our population is in the rural areas and agriculture is the main occupation the farmers are the backbone of our economy and they mainly depends on good harvests during the sowing seasons inflation and price rise are also decided by the yield of the farmers agriculture extensively contributes to our gross domestic product (gdp) this sector generates maximum number of employment opportunities, ensures food security to the nation and provides largest share of raw materials to our industries but unfortunately, the lot of most of the farmers has not improved even after more than six decades of independence and implementation of eleven five year plans they are still poverty stricken, indebted and being exploited the farmers are on the mercy of vagaries of nature for their yields in the absence of irrigation facilities in abundance at the same time natural calamities do occur very frequently in one part or the other, of the country round the year drought affects various parts of the country at regular intervals and so is the case of floods which devastate many parts of the country regularly year after year the coastal areas face the brunt of cyclones very frequently and some times they are affected by super cyclone and even tsunami similarly, many other parts of our vast nation are adversely affected by earthquake, excess rains, cloudbursts, hailstorm, frost, winterkill, lightening, fire, excess snow, wild life insect infection, plant diseases and other vagaries of nature the farmers who lose their crops and other belongings have to bear the brunt of these natural calamities and with that their hopes too are dashed they become indebeted in order to survive and restart their agricultural operations and fall in the unending trap of greedy moneylenders and many of them also take the extreme step of committing suicide such suicides are very rampant in maharashtra, andhra pradesh, madhya pradesh, punjab, etc similarly, when the farmer grows a bumper crop there are no buyers of his yield he is forced to go for distress sale of his produce at throwaway prices and sometimes resorts to burning his crop the indebted farmers do not get any support to live a dignified life in their old age there is no social security for them in some states, they are given a meagre old age pension which can not fetch even two square meals for them they do not get the medical facilities the plight of infirm and physically challenged farmers is more precariousin a welfare state like ours it is the sacred duty of the state to protect the farmers who have remained neglected and exploited they should be given sufficient protection by the state by implementing comprehensive crop and livestock insurance, extending soft loans by banks and financial institutions, by giving adequate and timely compensation when affected by natural calamity it should be ensured that they get remunerative prices for their yield and the state must implement welfare measures for the farmers so that they too reap the fruits of progress made by our nationhence this billdr akhilesh das gupta financial memorandumclause 4 of the bill provides for the establishment of the farmers natural calamity assistance fund with initial corpus of rupees fifty thousand crores and thereafter central government has to provide requisite funds every year clause 5 provides for certain facilities for farmers clause 6 provides for certain welfare measures to farmers clause 8 makes it obligatory for the central government to provide requisite funds for carrying out the purposes of the bill the bill if enacted will therefore involve expenditure from the consolidated fund of india apart from the initial amount of fifty thousand crore, it is estimated that a sum of rupees sixty thousand crore rupees may involve as recurring expenditure per annuma non recurring expenditure to the tune of rupees fifty thousand crore may also involve from the consolidated fund of india memorandum regarding delegated legislationclause 11 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details only the delegation of legislative power is of normal character———— a billto provide for the special facilities and protection of distressed farmers who are affectedby various natural calamities and victims of indebtedness, physical infirmities, diseases, old age, exploitation, etc by giving adequate compensation, extending relief measures, removal of indebtedness, prevention of exploitation by moneylenders and other unscrupulous elements, extending easy and hassle free bank loans, giving remunerative prices for their produce, improving farming practices through scientific means, extending compulsory market intervention in case of bumper crop, compulsory insurance of crops and livestock, old age allowance, medicare and other welfare measures to ensure that they do not commit suicide and for matters connected therewith and incidental thereto————(dr akhilesh das gupta, mp)

Parliament_bills

938d8724-1f13-52a2-9525-ad3667ee70fb

bill no 50 of 2009 the central himalayan states development council bill, 2009 by shri kc singh 'baba', mp a billto provide for the setting up of a council to be called the central himalayan states development council to formulate development plans and schemes and also to monitor their implementation for the balanced and all-round development of the hilly states comprising the central himalayan region and for matters connected therewithbe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title andcommencement1 (1) this act may be called the central himalayan states development council act,2009 this actdefinitions2 in this act, unless the context otherwise requires,—(a) "council" means the central himalayan states development council set up under section 3;5(b) "himalayan states" means the states of himachal pradesh, jammu and kashmir and uttarakhand; and(c) "prescribed" means prescribed by rules made under this act3 (1) there shall be set up a council to be called the central himalayan states development council which shall consist of the following members, namely:—(i) the chief minister of each of the himalayan states:10setting up of the central himalayan states development councilprovided that if there is no council of ministers in any himalayan state, the president of india may nominate one person to represent such state in the council for such period as there is no council of ministers in such state;(ii) members of the house of the people and council of states representing the himalayan states;15(iii) five persons having special knowledge of and experience in social and economic planning preferably in the hilly areas to be nominated by the president; and(iv) the union minister holding charge of the ministry of planning(2) the chairman of the council shall be nominated by the president from amongst the chief ministers of the himalayan states in such manner as may be prescribed;(3) the chairman of the council shall be nominated for a period of two years:20provided that if there is no council of ministers in any himalayan state thereby causing vacancy in the office of the chairman, the president of india may nominate chief minister of any other himalayan state as chiarman of the council for such period as there is no council of ministers in such state25functions of the council4 (1) the council shall function as a planning body for the balanced and all-round social and economic development of the himalayan states(2) it shall be the responsibility of the council to formulate development plans and schemes for each of the himalayan states and also in which himalayan states have common interest:30provided that the council may, if it considers necessary, having regard to the socioeconomic backwardness of the state of uttarakhand or any area in the state, formulate specific and time bound projects and schemes for the whole state or any area in that state and may review implementation of such projects and schemes35(3) for securing the balanced development of the himalayan states, the council shall forward proposals for:—(i) accelerating the industrial growth in one or more himalayan states; (ii) inter-linking various places by railways or roads including remote villagesand hilly areas;(iii) providing communication and telecommunication facilities;40(iv) providing electricity, drinking water and rural housing; (v) health services including family welfare schemes; (vi) providing educational facilities and gainful employment; and(vii) taking preventive measures to minimize the effect of natural calamities particularly the landslides and cloudbursts45to the central government and the government of the himalayan state concerned for their consideration(4) for the purposes of clause (i) of sub-section (3), the council may recommend to the central government such concessions, including waiver of duty of excise, as it deems necessary, for a specific period for industrial units in any himalayan state5(5) the council shall recommend to the central government and the government of each of the himalayan states as to the action to be taken on any matter referred to in subsections (2) and (3)5 it shall be the duty of the central government and the government of each of the himalayan states to give due consideration to the advice of the council and apprise the council of its views and decisions on such advicecentral and state government to consider the advice of the council106 (1) the council shall meet at least thrice in each yearmeeting of the council(2) the proceedings of every meeting of the council shall be forwarded to the central government and also to government of each of the himalayan statesofficers and staff of the council157 (1) the council shall have a secretarial staff consisting of a secretary, a planning adviser and a financial adviser and such other officers and employees as the central government may, by order, determine(2) the secretarial staff of the council shall function under the direction, supervision and control of the chairman of the council(3) the office of the council shall be located at such place as may be determined by the council20(4) the administrative expenses of the said office, including the salaries andallowances payable to, or in respect of, members of the secretarial staff of the council, shall be borne by the central government out of the moneys provided by parliament for the purpose| provision ||--------------|| funds to the || council |258 the central government shall provide, from time to time, after due appropriationmade by parliament by law, adequate funds to the council for the implementation of the development plans and schemes formulated by the councilpower to make rules9 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act3035(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 from 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 development process in the central himalayan states of uttarakhand, himachal pradesh and jammu and kashmir has been very tardy due to their geographical location and social background the people living in these states do not have adequate educational facilities and consequently, employment opportunities the people also have to travel to other states for medical treatment as there are no well equipped hospitals and qualified doctors there has also been negligible growth of industries there is an urgent need for setting up of environment friendly industries in these states for the development of the states as a whole and to enable the local youth to get employment opportunities for setting up of new industries, special concessions including waiver of excise duty for a specific period should be given to the industries in the states by the central governmentthe problems of these himalayan states are interlinked all these states experience, almost every year, recurrent floods, landslides, cloudburst, etc thereby causing huge loss of life and property basic infrastructure facilities like "pucca roads", electricity, communication, schools, drinking water, bridges connecting remote villages with pucca roads, etc have still to be made available to all the people of these regions even after sixty years of independence as these regions share common problems, the solutions to their problems are also common many of the developmental works in these states can be carried out only by involvement of all the three states the state of uttarakhand, being recently created, needs special attention for its overall developmentit is, therefore, proposed to establish a central himalayan states development council to look into and accelerate the process of development in these states, particularly in uttarakhand a similar council has been functioning very successfully for the north-eastern states the establishment of such a council for the states of uttarakhand, himachal pradesh and jammu and kashmir would not only help in the speedier all-round development of the himalayan states thereby taking the country high on the growth map but would also act as a coordinating agency amongst the people of the states of the himalayan regionhence this billnew delhi;k c singh 'baba'june 22, 2009 financial memorandumclause 3 of the bill provides for setting up of the central himalayan states development council consisting of persons having special knowledge of and experience in social and economic planning in the hilly areas clause 6 provides that the council shall meet at least thrice each year clause 7 provides that the central government shall bear the administrative expenditure including salaries and allowances of members, officers and staff of the council clause 8 provides that the central government shall provide adequate funds to the council for implementing the development plans and schemes by way of grants, after due appropriation made by parliament the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees four hundred crore is likely to be involved as a recurring expenditure per annuma sum of rupees four hundred crore is also likely to be involved as non-recurring expenditure memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the provisions of the bill as the rules to be made relate to matters of detail only, the delegation of legislative power is of a normal character———— abillto provide for the setting up of a council to be called the central himalayan states development council to formulate development plans and schemes and also to monitor their implementation for the balanced and all-round development of the hilly states comprising the central himalayan region and for matters connected therewith————(shri kc singh, 'baba', mp)gmgipmrnd—2637ls(s5)—08-07-2009

Parliament_bills

99a20882-24be-5364-9529-023558f8103a

bill no 248 of 2018 the change of name of aurangabad city of the state of maharashtra to sambhaji nagar bill, 2018 by shri chandrakant khaire, mp a bill to change the name of aurangabad city as sambhaji nagar in the state of maharashtra and for matters connected therewithbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the change of name of aurangabad city of the state ofmaharashtra to sambhaji nagar act, 2018short title, extent and commencement(2) it extends to the whole of india2 (1) the central government shall, in consultation with all agencies concerned, issue a 'no-objection certificate' for renaming aurangabad city in the state of maharashtra to sambhaji nagarchange of the name of aurangabad to sambhaji nagar(2) after receipt of 'no-objection certificate', the state government shall, by notification in the state gazette, issue necessary orders for renaming of aurangabad city as sambhaji nagar for all purposes in records of the state5the central government to take appropriate measures3 the central government shall, after due appropriation made by parliament by lawin this behalf, provide adequate funds to the state government of maharashtra to meet the expenditure for changing of name of aurangabad city to sambhaji nagar in all books,records and documents of the state government and for beautification and overall development of the city10power to remove difficulty4 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment 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 yearsfrom the date of commencement of this actoverriding effect155 the provisions of this act and rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force statement of objects and reasonsaurangabad is an industrial centre which always had a hindu majority in the medieval times, mughal invaders occupied the city and named it after aurangzeb the reason for altering the name of aurangabad to sambhaji nagar is the sacrifice of chhatrapati sambhaji maharaj and his hard struggle to defeat aurangzeb in deccan by uniting marathas heir of maratha king and chhatrapati shivaji maharaj, his son chhatrapati sambhaji raje (chhatrapati sambhaji raje bhonsle) or shambhaji (1657-1689) had prominent role in ending the rule of most powerful enemy of marathas ie aurangzeb in india from the region of bijapur and golkunda sambhaji raje was very famous for his bravery, sambhaji maharaj had fought one hundred and forty battles during his short rule and the important thing is that he was never defeated battled by his heroics, aurangzeb had taken a vow not to wear his crown till chhatrapati sambhaji is capturedthe need is to change the name of aurangabad city in the state of maharashtra to sambhaji nagar on account of sacrifice of shri sambhaji maharaj on the lines of aurangzeb road in delhi to apj abdul kalam road, faizabad and allahabad in the state of uttar pradesh to ayodhya and prayagraj, respectivelyhence this billnew delhi;chandrakant khairenovember 20, 2018 financial memorandumclause 3 of the bill provides the central government to provide adequate funds to the state government of maharashtra to meet the expenditure for changing the name of aurangabad city to sambhaji nagar in all records and documents of the state and for beautification and overall development of the city the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees five hundred crore per annum would involve from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be involved———— a billto change the name of aurangabad city as sambhaji nagar in the state of maharashtra and for matters connected therewith————(shri chandrakant khaire, mp)mgipmrnd—2523ls(s3)—20-12-2018

Parliament_bills

d743fd7c-6dc8-51fa-a4a6-b7c37826a5e8

bill no 268 of 2017 the national capital territory of delhi laws (special provisions) second (amendment) bill, 2017 a billfurther to amend the national capital territory of delhi laws (special provisions)second act, 2011be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 this act may be called the national capital territory of delhi laws (special provisions) second (amendment) act, 20175amendment of long title20 of 20112 in the national capital territory of delhi laws (special provisions) secondact, 2011 (hereinafter referred to as the principal act), in the long title, for the words, figures and letters "for a further period up to the 31st day of december, 2017", the words, figures and letters "for a further period up to the 31st day of december, 2020" shall be substituted103 in the principal act, in the preamble,—amendment of preamble(a) fourth paragraph shall be omitted;(b) for ninth paragraph and tenth paragraph, the following paragraph shall be substituted namely:—"and whereas more time is required for the regularisation of unauthorised colonies, village abadi area and their extensions and special areas;";5(c) in the last paragraph, for the words, figures and letters "for a period up to the31st day of december, 2017", the words, figures and letters "for a period up to the 31st day of december, 2020" shall be substitutedamendment of section 1104 in the principal act, in section 1, in sub-section (4), in the opening portion, for the words, figures and letters "it shall cease to have effect on the 31st day of december, 2017", the words, figures and letters "it shall cease to have effect on the 31st day of december, 2020" shall be substituted5 in the principal act, in section 3,—amendment of section 3(a) in sub-section (1),—(i) the words "hawkers and urban street vendors," shall be omitted;15(ii) clause (b) shall be omitted;(b) in sub-section (3), for the words, figures and letters "till the 31st day of december, 2017", the words, figures and letters "till the 31st day of december, 2020" shall be substituted;20(c) in sub-section (4), for the words, figures and letters "at any time before the31st day of december, 2017", the words, figures and letters "at any time before the 31st day of december, 2020" shall be substituted6 in the principal act, in section 4,—amendment of section 4(a) in clause (a), for the brackets, letters and word "(a), (b) and (c)", the brackets, letters and word "(a) and (c)" shall be substituted;25(b) in clause (b), the words "hawkers and urban street vendors," shall be omitted statement of objects and reasonsthe national capital territory of delhi has been growing phenomenally over the last many years, putting a heavy strain on its infrastructure and resources and inter alia, leading to an ever increasing demand for housing, commercial space and other civic amenities this has resulted in problem of encroachment on public land, growth of slums, unauthorised constructions, commercial usage of residential areas, inadequacy of housing stocks, etc2 at the time of preparation of master plan for delhi-2021 (mpd-2021), in order to protect certain forms of unauthorised developments from punitive action, the delhi laws (special provisions) act, 2006 was enacted on 19th may, 2006 which was in force for a period of one year this was followed by similar acts which were in force for one year each subsequently, the national capital territory of delhi laws (special provisions) second act, 2011 (the said act, 2011) was enacted and was in force for a period of three years it was extended for a further period of three years in 2014 vide the national capital territory of delhi laws (special provisions) second (amendment) act, 2014 and its validity is expiring on 31st december, 20173 as per the provisions of the said act, 2011, orderly arrangements had to be made for relocation and rehabilitation of slum dwellers and jhuggi-jhompri clusters; regulation of urban street vendors; regularisation of unauthorised colonies, village abadi area and their extensions; policy regarding existing farm houses involving construction beyond permissible building limits; regularisation of schools, dispensaries, religious and cultural institutions, storages, warehouses and godowns built on agricultural land; redevelopment of existing godown clusters; orderly arrangements for special areas and policy or plan for orderly arrangements for all other areas of the national capital territory of delhi in consonance with the master plan on its review4 the measures to finalise norms, policy guidelines, feasible strategies for making orderly arrangements to deal with the problem of encroachment and unauthorised development are required to be adopted by the government of national capital territory of delhi (gnctd), delhi development authority (dda), the municipal corporations of delhi (mcds), etc these bodies are in the process of taking steps to carry out surveys, simplifying procedures, formulation of redevelopment plan, finalisation of policies, obtaining approvals, etc, in this regard the central government has been in dialogue with all the stakeholders to monitor the progress made to complete the action as envisaged in the said act, 2011 this process involving multiple stakeholders is likely to take some more time meanwhile, with adequate provisions having been made in the street vendors (protection of livelihood and regulation of street vending) act, 2014, the provision for protection of street vendors under clause (b) of sub-section (1) of section 3 in the said act of 2011, is no longer needed5 the objective of the proposal is to extend the validity of the said act, 2011 to continue the protection to certain forms of unauthorised developments in the national capital territory to delhi from punitive action for a limited period, ie, up to 31st december, 2020 and to allow time to the government, urban local bodies and other organisations involved to take a balanced and well considered view on policies, norms and strategies for orderly implementation of plans regarding these unauthorised developments6 in view of above, it is necessary to extend the provisions of the national capital territory of delhi laws (special provisions) second act, 2011 for a period of three years from 1st january, 2018 to 31st december, 20207 the bill seeks to achieve the aforesaid objectivesnew delhi;hardeep singh purithe 19th december, 2017 annexure extracts from the national capital territory of delhi laws (special provisions) second act, 2011 (20 of 2011)an act to make special provisions for the national capital territory of delhi for a further period up to the 31st day of december, 2017 and for matters connected therewith or incidental theretoand whereas it is expedient to have a law in terms of the master plan for delhi, 2021, in continuation of the said acts for a period up to the 31st day of december, 2017 to provide for relief and to minimise avoidable hardships and irreparable loss to the people of the national capital territory of delhi against any punitive action by any agency in respect of the persons covered by the policies referred to aboveand whereas more time is required for proper implementation of the scheme regarding hawkers and urban street vendors and for the regularisation of unauthorised colonies, village abadi area and their extensions and special areas;and whereas the government of national capital territory of delhi is activery considering enactment of law with regard to hawkers and urban street vendors, which is likely to take considerable time due to the legal procedure to the following in this regard;1 (1) short title, extent, commencement and duration10 of 1897(4) it shall cease to have effect on the 31st day of december, 2017, except as respects things done or omitted to be done before such cesser, and upon such cesser section 6 of the general clauses act, 1897, shall apply as if this act had then been repealed by a central actenforcement to be kept in abeyance3 (1) notwithstanding anything contained in any relevant law or any rules, regulations or bye-laws made thereunder, the central government shall before the expiry of this act, take all possible measures to finalise norms, policy guidelines, feasible strategies and make orderly arrangements to deal with the problem of encroachment or unauthorised development in the form of encroachment by slum dwellers and jhuggi-jhompri clusters, hawkers and urban street vendors, unauthorised colonies, village abadi area (including urban villages), and their extensions, existing farm houses involving construction beyond permissible building limits and schools, dispensaries, religious institutions, cultural institutions, storages, warehouses and godowns used for agricultural inputs or produce (including dairy and poultry) in rural areas built on agricultural land, as mentioned below:—(b) scheme and orderly arrangements for regulation of urban street vendors in consonance with the national policy for urban street vendors and hawkers as provided in the master plan for delhi, 2021;(3) all notices issued by any local authority for initiating action against encroachment or unauthorised development in respect of areas referred to in sub-section (1), shall be deemed to have been suspended and no punitive action shall be taken till the 31st day of december, 2017, if—(a) it is constructed prior to the dates specified for different areas as enumerated in sub-section (2);(b) it conforms to the safety standards as in force or such other safety requirements as may be notified by the central government; and(c) it complies with the directions with respect to safety, if any, issued by the central government: provided that in case punitive action is required to be taken by any local authority, prior approval of the administrator of the national capital territory of delhi or the officer authorised by him in this behalf, shall be obtained by the authority or officer concerned(4) notwithstanding any other provision contained in this act, the central government may, at any time before the 31st day of december, 2017, withdraw the exemption by notification in respect of encroachment or unauthorised development mentioned in sub-section (2) or sub-section (3), as the case may be4 during the period of operation of this act, no relief shall be available under the provisions of section 3 in respect of the following encroachment or unauthorised development, namely:—provisions of this act not to apply in certain cases(a) encroachment on public land except in those cases which are covered under clauses (a), (b) and (c) of sub-section (1) of section 3;(b) removal of slums and jhuggi-jhompri dwellers, hawkers and urban street vendors, unauthorised colonies or part thereof, village abadi area (including urban villages) and their extensions in accordance with the relevant policies aproved by the central government for clearance of land required for specific public protects ———— a billfurther to amend the national capital territory of delhi laws (special provisions)second act, 2011————(shri hardeep singh puri, minister of state for housing and urban affairs)gmgipmrnd—3045ls—20-12-2017

Parliament_bills

54fff468-580b-5401-91f1-6c1036945e86

the salaries and allowances of ministers (amendment) bill, 2009 a billfurther to amend the salaries and allowances of ministers act, 1952be it enacted by parliament in the sixtieth year of the republic of india as follows:—commencement2 in section 6 of the salaries and allowances of ministers act, 1952, for sub-section(1a), the following sub-section shall be substituted, namely:—a m e n d m e n t of section 6 of act 58 of1952"(1a) a minister shall be entitled to an amount equal to the fare for a single journey performed by him, during each year, within india, either alone or along with spouse or legitimate or step children, residing with and wholly dependent on him, or any number of companions or relatives, at the same rates at which travelling allowances is payable to such minister under clause (b) of sub-section (1) in respect of tours referred to in that clause, subject to a maximum of forty-eight such fares per year:provided that the spouse or legitimate or step children residing with and wholly dependent on the minister, as the case may be, may undertake such journey alone'' statement of objects and reasonsunder sub-section (1a) of section 6 of the salaries and allowances of ministers act,1952, a minister is entitled (subject to certain provisions of the said act) to travelling allowance in respect of not more than twelve return journeys performed, during each year, within india, for himself and his family, whether travelling together or separately, subject to the overall entitlement of forty-eight single journeys in each year under sub-section (2) of section 5 of the salary, allowances and pension of members of parliament act, 1954, a member of parliament is entitled (subject to certain provisions of the said act) to an amount equal to the fare by air for each single journey performed by him either alone or along with spouse or any number of companions or relatives from any place in india to any other place in india during his term of office as such member, subject to a maximum of thirty-four such journeys per year2 from the above mentioned provisions, it is observed that a member of parliament is entitled to travel by air for each single journey performed by him, either alone or along with spouse or any other number of companions or relatives whereas, a minister can avail this facility either for himself or for his family members only3 in order to remove this discrepancy in the entitlement of ministers to travel facilities, it is proposed to amend sub-section (1a) of section 6 of the salaries and allowances of ministers act, 1952 so as to allow the spouse or legitimate or stepchildren residing with or wholly dependent on the minister to travel on their own or with the minister but to allow the companions or relatives of the ministers to travel only with the minister, subject to a maximum of forty-eight fares only4 the bill seeks to achieve the above objectthe 11th december, 2009 financial memorandumclause 2 of the bill proposes to amend sub-section (1a) of section 6 of the salaries and allowances of ministers act, 1952 as no change is proposed in the amount of entitlement permissible during each year in the said sub-section (1a) of section 6, the proposed amendment does not involve any additional expenditure from the consolidated fund of india annexure extract from the salaries and allowances of ministers act, 1952 (58 of 1952) 6 (1) travelling and daily allowances to ministers(1a) a minister shall be entitled to travelling allowance in respect of not more than twelve return journeys performed, during each year, within india, for himself and his family, whether travelling together or separately at the same rates at which travelling allowance is payable to such minister under clause (b) of sub-section (1) in respect of tours referred to in that clause, subject to the overall entitlement of forty-eight single journeys in each year ———— a billfurther to amend the salaries and allowances of ministers act, 1952————(shri p chidambaram, minister of finance)

Parliament_bills

77809e74-b997-5bac-81c1-79edecbeff66

ul no of 1982 " the customs tariff (second amendment) bill, 1982 a billfurther to amend the customs tariff act 1975 db it enacted by parliament in the thirty-third year of the republic of india as follows:-1 (1) this act may be called the customs tariff (second amendment) act, 1982 shori title iiild commence 5 ,(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 51ot1971j z in section 9 of the customs tariff act, 1975 (hereinafter referred to as the principal act) ,-amend mentof section 9 (a) for sub-section (1), the following sub-section shall be sub-10 tituted, namely:-1 _-'10-"(1) where any country or territory pays, or bestows, directly or indirectly, any bounty or subsidy upon the manufacture' or production therein or the exportation therefrom of any article, then, upon the importation of any such article into india, whether the same is imported directly from the country of manufacture, production or otherwise, and whether it is imported in the same condition as when exported from the co'w1try of manufacture or production or has been changed in conditio& by manufacture, productiqn or otherwise; the central government may, by notification in the ofticial gazette, impose,-to (i) if the article is not otherwise chargeabie with duty under the provisions of this act, a duty; or , (ii) if the article is otherwise so chargeable, an additional duty, not exceeding the amount of such bounty or subsidy: provided that the central government may, pending the determination in accordance with the provisions of this section 5 and the rules made thereunder of the amount of such bounty or grant, impose a duty or additional duty under this bub-section not exceeding the amount of such bounty or subsidy as provisionally estimated by it and if such duty or amitional duty exceeds such bounty or subsidy as so determined,-i () (a) the central government shall, having regard to such determination and as soon as may be after such determination, reduce such duty or additional duty; and (b) refund shall be made of so much of such duly or additional duty which has been collected as is in excess of 15 the duty or additional duty as so reduced"; (b) in s'ub-section (2) ,- (i) for the words "net amount of any such bounty or grant", the words "amount of any such bounty or subsidy" _hall be wbstituted; 20 (ii) for the worcts "additional duty", the words "duw or , additional duty, a9 the case may be," shall be substituted 3 mter section 9 of the principal act, the following sections shall be inserted, namely:-insertion of new' sections 9aand 9b antidumpinc duty '9a (1) where any article is exported from any country or terri- 25 tory (hereafter in this section referred to as the exporting country or territory) to india at less than its normal value, then, upon the importation of such articl~ into india, the central government may, by notification in the oftlcial gazette, impose,-(a) if the article is not otherwise chargeable with duty under go the provisions of this act, a duty; or (b) if the article is otherwise so chargeable, an ac\d1tional duty, not exceeding the margin of dumping in relation to such article: provided that the central government may, pending the deter- 35 mination in accordance with the provisions qf this section and the rules made thereunder of the normal value and the margin of dumping in relation to any article, impose on the importation of liueh article into indla a duty or additional duty under this sub-eecttop on the basis of a provisional estimate of such value and margin apd j't s'uch -40 duty or additional duty exceeds the margin as so determined,-(a) the central government shall, having regard to such determination and as soon as may be after such detennination, reduce such duty or additionalduty; and ' (b) refund shall be made of so much of such duty or add!- 45 tional duty which has been collected as is in excess of such duty or additional duty as so reduced e:tplcmatior-for the purpojes ot this, aectioa,-(a) "margin of dumping", in relation to an article, meaju the difference between the price at which such article is exported and its normal value; (b) "normal value", in relation to an article, means-5 (i' the comparable price in the ordinary calu'se of trade for the said article or like article when meant for codludlption in' the exporting country or territory as determined und&r bub-section (2); or 10 (ii) where such comparable price cannot be aso~d because of the particular market situation or for any other reason, such value shall be either-(a) the highest comparable price for the said article or like article from the exporting country or territory to any third country in the ordinary course of trade as determined under sub-section (2); or (8) the cost of production of the said article or like article in the country of origin along with reasonable addition for selling and any other cost, and for proftts, as determined under s'lib-section (2) 20 (2) subject to any rules made under sub-eection '(3) the certtral government shall, after making due allowance in each case for differences in conditions and terms of sale, for differences in taxation and for other differences affecting price comparability, and, after such inquiry as it may consider necessary, determine, for the pur-~ses of sub-section (1), the export price and the normal value of and the margin of dumping in relation to, any article , i' '(3) the central government may, by notifleation in the official gazette, make rules for the purposes of this section, and without prejudice to the generality df the foregoing, such rules may provide for the manner in which article's liable for any duty or adaiabnal duty under suh-eiection (1) may be identified, and for the manner in which the exl>ort prk-e and the normal value of, and the margin of dumping in relation to such articles may be determined and for the assessment and rollection of such duty or additional 'duty 35 (4) every notification issued under sub-section (1) shall, as soon as may be after it is issued, be jaid before each house of parliament 9b (1) notwithstanding anything contained in section 9 or section 9a the central (j<\vernment shall not levy any duty or additional duty under either of those sections on the-import into india of any article from any country or territory to which this section applies unless that government, after making investigation in accordance with the rules matte under suh-section (3) declares by notification in the ofticial ga1ette tha~ the import of such article into jndia causes or threatens material injury to any industry established in india or materially retards the establishment of any industry in jndia | no | levy ||------------|---------|| wnder | || aectiod | || 9 | || or section | || 9a | || in | || certain | || cases | || in | the || absence | || of | || injw'7 | || to | || induatry | || in | || india | |(2) this section apl?lies tt') every country or territory which ir specified by the central government by notification in the official gazette to be a country or territory which, by reason of its beine a party to the gelleral agreement on tariff and trade or by reason of any agreement between it ard india for giving the mostfavoured nation treatment of for any other reason, levies duty or additional duty of the nature referred to in section 9 or section 9a on articles 5 imported from india only when such import causes or threatens any material injury to any inciustry established in such counlry or territory or materially retards the establishment of such tnaustry in such country or territory (3) the central government may, by notification in the oftlcial 10 gazette, make rules for the i,;?ufposes of this section, and without prejudice to the generality of the foregoing, such rules may provide for the manner in which any investigation may be made for the purposes of sub-section (1), the factors to which regard shall be had in any such investigation an~ for all matters connected with such in 15 vestigation (4) every notification issued under sub-section (1) or subsection (2) shall, as soon as may be after it is issued be laid before each house of parliament explanatwn-for the purposes of this section, "inf\ustry", in 120 relation to any article, includes the manufacture er ~oduct1on of like articles, any activity connected therewft'ti·' ana the persons engaged in such production, manufacture or activity' india is a signatory to the general agreement on tari1fs and 1'rade (gatt) which is a multilateral trpaty governing -the international trade of its members article vi of the gati' provides that a contracting party may levy a countervailing duty on the importation of any product to offset any bounty or subsidy granted in the exporting country, or levy an anti-dumplng duty on any dumped product (viz a product imported at a value less than its normal value) to offset dumping the article also provides that these duties can be levied only if it is determined that the effect of subsidization or dumping is such as to cause or threaten material injury to an establfshed domestic industry or is such as to retard materialjy the establishment of a domestic industry, in the importing country during the tokyo round of the multilateral trade negotiations held fit geneva during 1973-7s, two multilateral agreements on subsidies and countervailing measures and anti-dumping have been negotiated laying down detailed rules to provide uniformity and certainty in the implementation of article vi of the gat!' india is - signatory to both these agreements these agreements require that each government accepting it shall take all necessary steps to ensure the conformity of its domestic laws, rules, regulations and administrative procedures with the provisions cif these agreements 2 the customs tariff act, 1975 which provides for the levy ot import duties does not contain any provision for the levy cif anti-dumping duty on goods found to have been dumped by fhe exporting countries section 9 of the act provides for the levy of a duty on bo'unty-fed articles, but a duty can be levied under the section only if the article is otherwise chargeable with duty under the provisions of the act the section does not permit imposition of countervailing duty on duty-tree imports even i1 these are being subsidized by the exporting countries further, the section also does not permit any exemption from the duty on bo'unty-fed articles in cases where the imports of such w'ticles do not cause or threaten material injury to an established industry or materially retard the establishment of such industry in india the act does not contain any provision for the levy of antl-dumping duty on goods fo'und to have been dumped by exporting countries 3 the bill seeks to amend the act to bring the-provisions of the act into conformity with the provisions of article vi of the gatt and agreements on subsidies and countervailing measures the main· amendments proposed in the' bill are the following:-(i) section 9 of the act is being amended to /provide for the levy of countervailing duty on baunty-fed articles, whether or not such articles are otherwise chargeable with duty under the act the sec'tion is also being amended to provide for the imposition thereunder of provisional duty and of the refund of excess amount where the final duty as determined under the section is found to be less , , than the provisional duty the other changes propoaed in the section are for bringing the language of the section into conformity with the wording used in article vi of the gati' (vide clause 2 of the bill) (ii) a new section 9a is being inserted in the act to provide for the levy of anti-dumping du~y on dumped products and for the imposition of provisional duty on dumped products and refund of excess amount in cases where the final duty as determined under this section is less than the provisional duty (vi'de clause 3, new section 9a) (iii) a new section sb is being inserted to provide for exemptions from the levy of countervailing duties under section 9 and the antt-dumpmg duties under proposed section sa in the case of articles imported from any country or territory notified under the section the exemption would not be available in respect of import (jf any article if the import of such article into india causes or threatens material injury to any industry estabushed in india or materially retards the establishment of any industry in incua', further, the central government may specify for the purposes of this section only a country or territory which by reason of ig being a party to the gatt or by reason of any agreement between it and hlciia for giving it a most-favouted nation treatment or for any other reason, provides for a simuar exemption with respect to articles im-?orted into such country or tt-rritory from intt1a (vid4! clause 3, new section 98) 3 the bill seeb to achieve the above objects nrw delhi; the 6th july 1182 pranab mukherfee president's recommendation under article 117 of the constitution of india[copy of letter no 527 /2/82-cus (to), dated the 9th july, 1982 from shri pranab kumar mukherj eoe , minister of finance to the secretary, lok sabha] , the pret;ident, having been informed of the subject matter of the bill further to amend the cu'1toms tariff act, 1975, rec)mmen<is under clause (1) of article 117 df the constitution of india the introduction of the bill in lok sabba , clause 2 of the bill seeks to amend sub-section (2) of section 9 of the principal act to empower the central government to make rules thereunder for the p'u~sealso of identification of bounty-fed articles which are otherwise liable to duty and for the assessment and collection of countervailing duty upon the importation thereof in accordance with the provisions cyf sub-section (1) of the section as propoaed to be amendedby lub-clause (a) of clause 2 of the bill 2 clause 3 of the bill seeks to insert two new sections-5ection 9a and section 9b new section 9a provide~ for the levy of anti-dumpin, dutielj sub-section (3) of new section 9a seeks to empower the central government to make rules for the purposes of this section the; rules made under this sub-section may 'provide, in particular, for the manner in which articles liable for anti-dumping duties under the section may be identified, the manner in which the export price am\ normal value of, and the margin of dumping in relation to, such articles may be determined and 'for the assessment and collection of such duties sub-section (3) 01 jlew section 9b seeks to empower the central government to make rules with ~t to the manner in which investiglltionsmay be made for the purpose 'of determining whether the import of any arti~e causes or threatens material injury to any industry established in india or ill4lterially retards the est-bushment of any industry in india, the factors to which regard shall be hact in making such investigations and other matter~ connected with such inves~igations 3 the matters in respect of which the rules may be made under the foregoing provisions relate to matters of detail or procec:ture the dele-2ation of legislative power ie, therefore, of a normal character - (51 of 1975) - - - - additional import duty on bountyfeci articles 9 (1) where any country or territory pays, or bestows, directly or indirectly, any bounty or grant upon the production therein or the exportation therefrom of any article and the article is chargeabl~ with duty under the provisions of this act, then, upon the importation of any such article into india, whether the same is imported directly from the country of production or otherwise, and whether it is im~rted in the same condition &3 when exported from the country df production or has been changed in condition by manufacture or otherwise, the central government may by notification in the official gazette, impose an additional duty equal to the net amount of such bounty or grant (2) the net amount of any such bounty or grant as aforesaid shall, frool time to time, be ascert&med, determined, and declared by the central government, after such inquiry as it may consider necessary and the central government may, by notification in the oftlcial gazette, make rules for the identification of such articles and for the assessment and col~on of any additional duty imposed upon the importation thereof under 8ub-section (1) - - - - - a bill further to amend the customs tari1f act, 1975 (shri p1'aub ku7mr mukher;ee miftuter ot finclnce)

Parliament_bills

7792b683-1d7e-5342-9bd7-10376584b873

bill no 181 of 2018 the muslim women (protection of rights on marriage) bill, 2018 a billto protect the rights of married muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto be it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminaryshort title, extent and commencement(3) it shall be deemed to have come into force on the 19th september, 2018definitions2 in this act, unless the context otherwise requires,—21 of 2000(a) ''electronic form'' shall have the same meaning as assigned to it in clause (r)of sub-section (1) of section 2 of the information technology act, 2000;52 of 1974(b) ''magistrate'' means a judicial magistrate of the first class exercising jurisdiction under the code of criminal procedure, 1973, in the area where the married muslim woman resides; and(c) ''talaq'' means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a muslim husband10 chapter ii declaration of talaq to be void and illegal| talaq | to be ||-------------------------------------------------------------------------------------------|------------------------------------|| void | and || illegal | || 3 | any pronouncement of || spoken or written or in electronic form or in any other manner whatsoever, shall be | void || illegal | || 15 | || 4 | any muslim husband who pronounces || shall be punished with imprisonment for a term which may extend to three years, and shall | || also be liable to fine | || punishment | || for | || pronouncing | || talaq | | chapter iii protection of rights of married muslim women20subsistence allowance5 without prejudice to the generality of the provisions contained in any other law forthe time being in force, a married muslim woman upon whom talaq is pronounced shall beentitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the magistrate25custody of minor children6 notwithstanding anything contained in any other law for the time being in force, amarried muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by themagistrate2 of 19747 notwithstanding anything contained in the code of criminal procedure, 1973,—offence to be cognizable, compoundable, etc30(a) an offence punishable under this act shall be cognizable, if informationrelating to the commission of the offence is given to an officer in charge of a police station by the married muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage;(b) an offence punishable under this act shall be compoundable, at the instance of the married muslim woman upon whom talaq is pronounced with the permission of the magistrate, on such terms and conditions as he may determine;35(c) no person accused of an offence punishable under this act shall be released on bail unless the magistrate, on an application filed by the accused and after hearing the married muslim woman upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such person40repeal and savingsord 7 of 20188 (1) the muslim women (protection of rights on marriage) ordinance, 2018, is hereby repealed(2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the provisions of this act statement of objects and reasonsthe supreme court in the matter of shayara bano vs union of india and others and other connected matters, on 22nd august, 2017, in a majority judgment of 3:2, set aside the practice of talaq-e-biddat (three pronouncements of talaq, at one and the same time) practiced by certain muslim husbands to divorce their wives this judgment gave a boost to liberate indian muslim women from the age-old practice of capricious and whimsical method of divorce, by some muslim men, leaving no room for reconciliation2 the petitioner in the above said case challenged, inter alia, talaq-e-biddat on the ground that the said practice is discriminatory and against dignity of women the judgment vindicated the position taken by the government that talaq-e-biddat is against constitutional moraility, dignity of women and the principles of gender equality, as also against gender equity guaranteed under the constitution the all india muslim personal law board (aimplb), which was the 7th respondent in the above case, in their affidavit, inter alia, contended that it was not for the judiciary to decide matters of religious practices such as talaq-e-biddat, but for the legislature to make any law on the same they had also submitted in the supreme court that they would issue advisories to the members of the community against this practice3 in spite of the supreme court setting aside talaq-e-biddat, and the assurance of aimplb, there have been reports of divorce by way of talaq-e-biddat from different parts of the country it is seen that setting aside talaq-e-biddat by the supreme court has not worked as any deterrent in bringing down the number of divorces by this practice among certain muslims it is, therefore, felt that there is a need for state action to give effect to the order of the supreme court and to redress the grievances of victims of illegal divorce4 in order to prevent the continued harassment being meted out to the hapless married muslim women due to talaq-e-biddat, urgent suitable legislation was necessary to give some relief to them therefore, to protect the rights of married muslim women who are being divorced by triple talaq, a bill, namely, the muslim women (protection of rights on marriage)bill, 2017, was introduced in, and passed by, the lok sabha on the 28th december, 2017 and is pending in rajya sabha5 the aforesaid bill proposed to declare the practice of triple talaq as void and illegal and made it an offence punishable with imprisonment up to three years and fine, and triable by a judicial magistrate of the first class it was also proposed to provide subsistence allowance to married muslim women and dependent children and also for the custody of minor children the bill further provided to make the offence cognizable and non-bailable6 apprehensions have been raised in and outside parliament regarding the provisions of the pending bill which enables any person to give information to an officer in-charge of a police station to take cognizance of the offence and making the offence non-bailable7 in order to address the above concerns, it has been decided to make the offence cognizable, if the information relating to the commission of an offence is given to an officer in-charge of a police station by the married mulsim women upon whom talaq is pronounced or any person related to her by blood or marriage it is also decided to make the offence non-bailable and compoundable at the instance of the married muslim woman with the permission of the magistrate, on such terms and conditions as he may determine8 as the bill is pending for consideration in rajya sabha and the practice of divorce by triple talaq (ie, talaq-e-biddat) was continuing, there was an urgent need to take immediate action to prevent such practice by making stringent provisions in the law since both houses of parliament were not in session and circumstances exist which render it necessary for the president to take immediate action in the matter, the muslim women (protection of rights on marriage) ordinance, 2018, with afforesaid changes was promulgated on the 19th september, 20189 accordingly, to replace the said ordinance, the muslim women (protection of rights on marriage) bill, 2018 is being introduced in parliament10 the legislation would help in ensuring the larger constitutional goals of gender justice and gender equality of married muslim women and help subserve their fundamental rights of non-discrimination and empowerment11 the bill seeks to achieve the above objectivesnew delhi;ravi shankar prasadthe 10th december, 2018———— a billto protect the rights of married muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto————mgipmrnd—2326ls(s3)—11-12-2018

Parliament_bills

4fbaa9c1-edf6-57d9-b5b8-c50a933312e8

bui no 78 of 1,& the code of cilvll procedure (amendment) bii&4 1979 billfurther to amend the code of civil procedure, 1908 be it enacted by parliament in the thirtieth year ot the republic at india as follows:-1 this act may be called the code of civil procedure (amendment) ad, 1979 short title 2 in section 123 of the code of civil procedure, 1908 (hereinafter amend-5 of 1908 s referred to 8s the principal act), in sub-section (2), after clause (c), the ment of following clause shall be inserted, namely:-section 123 u(d) in the towns of calcutta, madras and bombay an advocate entitled to practise on the original side of the high court" s in the first schedule to the principal act,-10 amendment of first schedule (4) in order v, in rule 20, in sub-rule (la), for the words "a daily newspaper circulating in the locality", the words "8 newspaper having circulation in the locality" shall be substituted; (ib) after order xlix, the following order shall be inserted namely:- "order xlixa p~oceedings before high courts under article 226 of '1'bi! consul anon1 (1) where numerous persons have the same interest with 5 respect to any question of law or f-act or any relief which may_ be the subject matter of a proceeding befo~e a high court under article 226 of the constitution-(a) one or more of such persons may, with the permission of the court, proceed or be proceeded against, or may 10 defend such proceeding, on behalf of, or for the benefit of, all persons so interested; numerous persons having same interest in pr0-ceeding under article 226 (ib) the court may direct 'that one or mol'e of such persons may proceed or be proce~ed against, or may defend such proceeding, on behalf of, or for the benefit of, is all persons so interested (2) the court shall, in every case where a permission or direction is given under sub-rule (1), at the petitioner's expense, give notice of the institution of the proceeding to all p~rsons so interested, either by personal service, or, where, by ~o reason of the number of persons or any other cause, such service is not reasonably practicable, by public advertisement, as the court in each case may direct (3) azly person on whose behalf, or for whose benefit, a proceedingia instituted, or defended \meier sub-rule (1) may apply ~5 to the court to be made a party to such proceeding (4) no part of the relief claimed in any such proceeding shall be abandoned, and no such proceeding shall be withdrawn, and no agreement, compromise or satisfaction shall be recorded in any such proceeding, unless the court has given, at the petitioner's 30 expense, notice to all' persons so interested in the manner specified in sub-rule (2) (5) where any pe~on proceeding 9r defending in any such proceeding does not proceed with due diligence in the proceeding or defence, the court may substitute in his place any other person 35 having the same interest in the proceeding (6) any direction, order or writ issued or passed in a proceeding to which this rule applies shall be binding on all persons on whose behalf, or for whose benefit, the proceeding is instituted or defended as the case may be 40 explanation-for the purpose of determining whether the persons who proceed or are proceeded against, or defend, have the same interest in one proceeding it is not necessary to establish that such persons have the same ground of relief 88 the persons on whose behalf, or for whose benefit, they proceed or are proceed- 45 ed against, or defend the proceeding, as the case may be" a new sub-rule was inserted in rule 20 of order v of the first schedule to the code of civil procedure by the amendment act, 1976 this had the effect of providing that an advertisement for substituted service of summons could be published only in a daily newspaper the all india small and medium newspapers association had represented that this has resulted in considerable hardship to over two thousand weekly newspapers, as they are ineligible for this class of advertisement in view of this hardship and the fact that it is the court which chooses the particular newspaper in which an advertisement has to be published having regard to the likelihood of its being seen by the persons for whom it is intended, it is proposed to amend the sub-rule, so as to enable such advertisements to be published in newspapers having circulation in a locality in which the defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain, irrespective of whether the newspaper is a daily newspaper or not 2 sectilon 141 o~ the code of civil procedure, 1908 makes the procedure provided in the code in regard to suits applicable, so far as they may be, to all proceedings in any court of civil jurisdiction the amending act of 1976 added an explanation to this section to the effect that-its provisions do not apply to proceedings under article 226 of the constitution it has been pointed out that this amendment has had the effect of preventing representative writ petitions being ftled in the high courts, with the result that in a large number of cases, wherein no dispute as to facts is involved but only to a question of law, iden~al petitions have been ftled by a large number of interested persons, resulting in unnecessary delay and expense while it is no doubt open to the high courts to frame a rule authorising representative writ petitions, in order to make for uniformity and to avoid unnecessary litigation, it· is proposed to insert new order xlix-a in the first schedule to the code, so as to enable representative writ petitions to be filed ' 3, section 123 (2) of the code, dealing with the composition of the rule committee, provided that in the high courts of calcutta, madras and bombay, the rule committee shall include an attorney with the abolition of the institution of attorneys, reference to attorneys in this section was deleted by the repealing and amending act of 1978 the government of maharashtra has suggested that in place of attorneys, representation should be given to advocates entitled to practise on the originat side of the high court it is, therefore, proposed to amend section 123 (2) of the code to provide for representation to this class of advocates in rule committees 4 the bui seeks to give effect to the above objects new delhi; shant! bhushan the 7th may, 1979 - - - - - 111 (1) - - - - - peraona, conatitutloil of rule commltteei in certain states (2) each aqch committee shall codlist ot t~ fau9wtni ~y:-- - - - - the first schei>tj'lj - - - - - o~v issull and sdv'icz 01' s'ulomns - • - • •zt (1) - - - - - substituted service (la) where the aourt acting under sub-rule (l>--/~ ~ by -n" sve~t it) '" ~ew~ ~ newpfl8r -n ,a 44wy nftii-paper circ~tim jn the loc;ality in wbjcb ~;~~ is last ~ tq ve u¥· andvilbmtarily ~ ~""_ " toully worked for gain - - - - - ~' \, i · ",," " " " , a billf\u'ther tc;> amend the cod~ of civil procedure, 1908 (shri shanti bhtuhan, minibter of law, jumc~ and , ~ompany afftdr"~

Parliament_bills

73c8b1ee-8da7-5618-b9a7-d002938a1c36

bill no 76 of 2009 the constitution (amendment) bill, 2009 byshri anantkumar hegde, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2009 2 in the seventh schedule to the constitution,—amendment of the seventh schedule(ii) in list iii—concurrent list, after entry 17b, the following new entries shallbe inserted, namely:—"17c fisheries 17d protection of marine biodiversity" statement of objects and reasonsfisheries constitute one of the important means of livelihood, especially for those living in coastal regions in coastal regions, the occupation of fishery besides being a constant source of income of the people of the region, also support their daily meal requirements but in the present economic scenario, greed has overtaken this sector and with the entry of trading institutions in the sector, the exploitation of fisheries is now going on at an alarming rate the number of fish available is on the decline fish are caught even during breeding season some states have banned the operation of trawlers during breeding season, but it is not uniform fisheries being in the state list, all the states have different laws on the subject and, at times these laws are made to cater to the interests of companies operating large trawlers without keeping in mind the overall interests of fisheries all this may have a bearing not only on our marine resources but also on the right to livelihood of small fishermen moreover, the technique employed by large trawlers is not sustainable for maintaining a healthy breeding and catching ratio it is high time that the country took positive and concrete steps to protect its fisheries and marine resources therefore, the bill seeks to transfer the entry relating to fisheries from the state list to the concurrent listpresently, a number of systems exist for the protection of marine resources and marine environment, but they are not only complex and confusing but are also costly and do not provide a strategic approach to address the issueinserting a new entry in the concurrent list of the seventh schedule to our constitution for the protection of marine biodiversity will go a long way in introducing a new system of marine planning as well as giving the issue the importance it deserves it will also help bringing about uniformity in legislation regarding the use of fisheries, marine space and the interaction between its uses therefore, it is necessary that we have a separate entry for protection of marine biodiversity in our constitutionhence this billnew delhi;anantkumar hegdejuly 7, 2009 schedules seventh schedule list ii 21 fisheries list iii 17b protection of wild animals and birds lok sabha———— a billfurther to amend the constitution of india————(shri anantkumar hegde, mp)gmgipmrnd—3825ls(s5)—26-10-2009

Parliament_bills

6adc4773-8136-51a8-8579-60683d1b1beb

the extradition bill, 1962(as introduced in lok sabha on 19th june 1962) arrangement of clauses clauses chapter ipreliminary 1 short title, extent and commencement 2 definitions 3 applications of act chapter iiextradition of fugitive criminals to foreign states and m commonwealth countries to which chapter iii does not apply 4 requisition for surrender 5 order for magisterial inquiry 6 issue of warrant for arrest 7 procedure before magistrate s surrender of fugitive criminal 9 power of magistrate to issue warrant of arrest in certain c1ses 10 receipt in evidence of exhibits, depositions and other documents lnd authentication thereof 11 chapter not to apply to commonwealth countries to which chapter iii applies chapter iii return of fugitive criminals to commonwealth countries with extradition arrangements 12 application of chapter13 liability of fugitive criminals from commonwealth countries to be apprehended and returned 14 endorsed and provisional warrants (i 974 (b) ls-i clauses 15 endorsed warrant for apprehension of fugitive criminal 16 provisional warrant for ~pprehension of fugitive criminal 17 dealing with fugitive criminal when apprehended 18 return of fugitive criminal by warrant chapter iv surrender or return of accused or convicted persons from foreign states or commonwealth countries19 mode of requisition or form of warrant for the surrender or return to india of accused or convicted person who is in a foreign state or commonwealth country 20 conveyance of accused or convicted person surrendered or returned 21 accused or convicted person surrendered or returned by foreign state or commonwealth country not to be tried for previous offence chapter v miscellan'bous22 liability of fugitive criminals to be arrested and surrendered or returned 23 jurisdiction as to offences committed at sea or in air 24 discharge of person apprehended if not surrendered or returned within two months 25 release of persons arrested on bail 26 abetment of extradition offences 27 lawfulness of, and retaking on escape from, custody under warrants 28 property found on fugitive criminal 29 power of central government to discharge any fugitive cri minal 30 simultaneous requisitions 31 restrictions on surrender 32 sections 29 and 31 to apply without any, modiftcation thereof 33 act not to affect the foreigners act, 1946 34 application of act to republic of ireland claudi 35 notified orders and ndtiacations to be laid before parliament 36 power to make rules 37 repeals and savings the first schedule the second schedule the extradition bill, 1962 (as introduced in lok sabha)a bill to consolidate and amend the law relating to the ertradition of fugitive criminals be it enacted by parliament in the thirteenth year of the republic of india as follows:-chapter i puliminarys 1 (1) this act may be called the extradition act, 1962 (2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by notification in the ofticial gazette, appoint z in this act, unless the context otherwise requires,-10 (a) "commonwealth country" means a commonwealth country specified in the first schedule and such other commonwealth country as may be added to that schedule by the central government by notification in the official gazette and includes evel")' constituent part, colony or dependency of any commonwealth country so specified or added; 1 ~ 974 (b) ls-2 (b) "conviction" and "convicted" do not include or refer to a conviction which under foreign law is a conviction for contumacy, but the term "person accused" includes a person 10 convicted for contumacy; (e) clextlradition offence" meanss (i) in relation to a foreign state, being a treaty state, an offence provided for in the extradition treaty with that state; (ii) in relation to a foreign state other than a treaty state or in relation to a commonwealth country an offence 10 which is specified in, or which may be specified by notification under, the second schedule; (d) "extradition treaty" means a treaty or agresent made by india with a foreign state relating to the extradition of fugitive criminals, and includes any treaty or agreement relating 15 to the extradition of fugitive criminals made before the 15th day of august, 1947, which extends to, and is binding on, india; (e) "foreign state" means any state outside india other than a commonwealth country, and includes every constituent part, colony or dependency of such state; 20 (f) "fugitive criminal" means an individual who is accused or convicted of an extradition offence committed within the jurisdiction of a foreign state or a commonwealth country and is, or is suspected to be, in some part of india; (g) "magistrate" means a magistrate of the first class or a 25 presidency magistrate; (h) "notified order" means an order notified in the ofticial gazette; \ ! (i) "prescribed" means prescribed by rules made under this act; and 30 (j) "treaty state" means a foreign state with which an extradition treaty is in operation i (1) the central government may, by notified order, direct ap~tioda that the provisions of this act other than chapter iii shall apply- 0(, (a) to such foreign state or part thereof; dr (b) to such commonwealth country or part thereof to s which chapter iii does not apply; as may be specified in the order (2) the central government may, by the same notfflec1 order is referred to in sub-section (1) or any subsequent notified order, restrict such application to fugitive criminals found, or suspected to 10 be, in such part of india as may be specified ian the order (3) where the notified order relates to a treaty state,-(a) it shall set out in full the extradition treaty with that state; (b) it shall not remain in force for any period longer than that treaty; and 15 20 (e) the central g9vernment may, by the same or any subsequent notified order, render the application of this ad subject to such modifications, exceptions, conditions and quau-fications as may be deemed expedient fnr implementing the treaty with that state chapter ii extradmon of fugitive criminais to 1'00000on statbs and to commonwealth countries to which chapter iii does not apply2s 4 a requisition for the surrender of a fugitive criminal of a requflltbl foreign state or a commonwealth country may be made to the central !:redder government-(a) by a diplomatic representativ'e! of the foreign state or' commonwealth country at delhi; or 30 (b) by the government of that foreign state or commonwealth country communicating with the central government through its diplomatic representative in that state or country; and if neither of these modes is convenient, the requibitioll shall be made in such other mode as is settled by arrangement made by the 35 government of the foreign stiite or commonwealth country with the government of jncli~, oldie" terial inquiry 5 where such requisition is made, the central government may, if it thinks tit, issue an order to any magistrate who would have had jurisdiction to inquire into the offence if it had been an offence committed within the local limits of his jurisdiction, dil'lectlng him to inquire into the case 5 8 on receipt of an ordu of the central government under seetion 5, the magistrate shall issue a warrant for the arrest of the fugitive criminal proce4ure wore mqiltrate 7 (1) when the fugitive criminal appears or is brought befon the magistrate, the magistrate shall inquire into the case in the sam 10 manner and shall have the same jurisdiction and powers, as nearl) as may be, as if the case were one triable by a court of session ~ high court (2) without prejudice to the generality of the foregoing provisions, the magistrate shall, in particular, take such evidence as may is be produced in support of the requisition of the foreign state or commonwealth country and on behalf of the fugitive criminal, including any evidence to show that the offence of which the fugitive criminal is accused or has been convicted is an offence of political character or is not an extradition offence 20 (3) if the magistrate is of opinion that a prima facie case is not made out in support of the requisition of the foreign state or commonwealth country, he shall discha-ge the fugitive criminal (4) if the magistrate is of opinion that a prima facie case is _de out in support of the requisition of the foreign state or com- 25 ftlonwealth country, he may commit the fugitive criminal to prison to await the orders of the central government, and shall report tbe result of his inquiry to the central government; and shall forward together with such report, any written statement which the f11gitive criminal may desire to submit for the consideration of the 30 central government surrender of fugitive crimi_l 8 if, upon receipt of the report and statement under sub-seetlod (4) of ~ion 7 the central government is of opinion that the fugitive c:rlminal ought to be surrendered to the foreign state or commol1weaith country, it may issue a warrant for the custody and 3s removal of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant i (l) where it appears to any magistrate that a person within pow~ of the local limits of his jurisdiction is a fugitive criminal of a fol"eign :-~~:eatc state or commonwealth country, he may, if he thinks fit, issue a wurant of warrant for the arrest of that person on such information and on::::o m 5 such evidence as would, in his opinion, justify the issue of a warrant calea if the offence of which the person is accused or has been convicted had been committed within the local limits of his jurisdiction (2) the magistrate shall forthwith report the issue of a warrant under sub-section (1) to the central government and shall far-10 ward the information, and the evidence or certified copies thereof to that government (3) a person arrested on a wartrant issued under sub-sediol' (1) shall not he detained for more than three months unless within that period the magistrate receives from the central government 15 an order made with reference to such person under section 5 10 (1) in any proceedings against a fugitive criminal of a foreign r~ipt in state or commonwealth country under this chapter, exhibits and ~fl!hl~it, depositions (whether received or taken in the presence of the per deposition son against whom they are used oil" not) and copies thereof ana ~'!,'!:u:~~: 20 official certificates of facts and judicial documents stating facts may ~t' autheoif duly authenticated, he received as evidence ~cr:r (2) warrants, depositions or statements on oath, which purport to have been issued or taken by any court of justice outside indfa or copies thereof certificates of, or judicial documents stating the 25 facts of, conviction before any such court shall be deemed to he' duly authenticated if-(0) the warrant purports to be signed by a judge, magistrate or officer of the state or country where the same waf issued or acting in or for such state or country; 30 (b) the depositions or statements or copies thereof purport to he certified, under the hand of a judge, magistrate or officer of the state or country w-here the same were taken, or acting in or for such state or country, to be the original depositions or statements or to be true copies thereof, as the case may 35 require; (c) the certificate of, or judicial document stating the fact of, a conviction purports to be certified by a judge, magistrate or oftllcer of the state or country where the conviction took place or acting in or for such state; (d) the warrants, depositions, statements, copies, certl1icates and judicial documents, as the case may be, are authenticated by the oath of some witness or by the official seal of a minister of the state or country where the same were respectively issued, taken or given 11 nothing contained in this chapter shall apply to fugitive criminals of a commonwealth country to which chapter ni applies chapter not to apply to commonwealth countries to which cb~ter iii apphes chapter iii10 retubn of fugitive criminals to commonwealth countries with extradmon arrangementsapplication of chapter 12 (1) this chapter shall apply only to any such commonwealth country to which, by reason of an extradition arrangement entered into with that country, it may seem expedient to the central government to apply the same (2) every such application shall be by notified order, and the is central government may, by the same or any subsequent notifted order, direct that this chapter and chapters i, iv and v shall, in relation to any such commonwealth country, apply subject to such modifications, exceptions, conditions and qualifications as it may think fit to specify in the order for the purpose of implementlne the 20 arrangement lfabwty of 13 where a fugitive criminal of any commonwealth country to fu~~ve fi cri- which this chapter applies is found in india, he shall be liable to ::~u:on~om be apprehended and returned in the manner provided by this w~tb coudbe- chapter to that commonwealth country 25 tnes to apprehended add returned it a fugitive criminal may be apprehended in india under an endorsed warrant or a provisional warrant eddoned and provisional warrant bndorsed 15 where a warrant for the apprehension of a fugitive criminal ;~~:h~!~r has been issued in any commonwealth country to which this chapter '!on o~ fugi- applies and such fugitive criminal is, or is suspected to be 30 ~:l crimiin india, the cenb-al government may, if satisfted that the warrant was issued by a persoll mvin, lawful authority to islue the endorse such warrant in the manner prescribed, and the warrant 80 endorsed shall be suftlcient authority to apprehend the person named in the warrant and to bring him before any magistrate in india 16 (1) any magistrate may issue a provisional warrant for the provisic'daj s appl"ehension of a fugitive criminal from any commonwealth coun- :ar:h!n!or try to which ihis chapter applies who js or is suspected to be, in f£ of or on his way to india, on such information and under such circum- !:~~~ stances as would, in his opinion, justify the issue of a warrant, if the offence of which the fugitive criminal is accused or has been 10 convicted had been committed within his jurisdiction and such warrant may be executed accordingly (2) a magistrate issuing a provisional warrant shall forthwith send a report of the issue of the warrant together with the information or a certified copy thereof to the central government, and the 15 central government may, if it thinks fit, discharge the person apprehended under such warrant (3) a fugitive criminal apprehended on a provisional warrrnt may, from time to time, be remanded for such reasonable time, not exceeding seven days at anyone time, as under the circumstances 20 seems requisite for the production of an endorsed warrant 17 (1) if the magistrate, before whom a person apprehended under dcajidl with this chapter is brought, is satisfied on inquiry that the endorsed fu~vc flwarrant for the apprehension of the fugitive criminal is duly authen- :'pprehc~d~ ticated and that the offence of which the person is accused or has ca 25 been convicted is an extradition offence, the magistrate shall commit the fugitive criminal to prison to await his return and shall forthwith send to the central government a certificate of the committal (2) if on such inquiry the magistrate is of opinion that the endorsed warrant is not duly authenticated or that the offence of which 30 such person is accused or has been convicted is not an extradition offence, the magistrate may, pending the receipt of the orders of the central government, detain such person in custody or release him on bail ' (3) the magistrate shall report the result of his inquiry to the 35 central government and shall forward together with such report any written statement which the fugitive criminal may desire to submit for the consideration of that government 18 the central government may, at any time after a fugitive criminal has been committed to prison under this chapter, issue 40 a warrant for the custody and removal to the commonwealth country concerned of the fugitive criminal and for his delivery at a place and to a person to be named in the warrant chapter iv surrender or return 01' accused or convicted persons nom i'oreign states or commonwealth countries- mode of 18 (1) a requisition for the surrender of a person accused or requisition convicted of an extradition offence committed in india and who is s orform of warflllt or is suspected to be, in any foreign state or a commonwealth counfor thed try to which chapter iii does not apply, may be made by the lurren ct or return to central government-!:n::edof or (a) to a diplomatic representative of that state ql' country convicted at delhi' or 10 penon who ' is ~ (b) to the government of that state or country through ~~~:~c the diplomatic representative of india in that state or country; wealth country and if neither of these modes is convenient, the requisition shall be made in such other mode as is settled by arrangement made by the government of india with that state or country is (2) a warrant issued by a magistrate in india for the apprehension of any person who is, or is suspected to be, in any commonwealth country to which chapter iii applies shall be in such form as may be prescribed ~onveyadced 20 any person accused or convicted of an extradition offence 20 or co~=d who is surrendered or returned by a foreign state or commonwealth ~ d country may, under the warrant of arrest for his surrender or ~~ re~ return issued in such state or couritry, be brought into india and delivered to the proper authority to be dealt with according to law accused or convicted person ilultcndered or retumecl by foreign state or common-__ ith 21 whenever any person accused or convicted of an offence,2s which, if committed in india would be an extradition offence, is surrendered or returned by a foreign state or commonwealth country, that person shall not, until he has been restored or has had an opportunity of returning to that state or country, be tried in india for an oftence committed prior to the surrender or return, other 30 than the extradition offence proved by the facts on which the sur-~der or return is based country dot to be tried for previous ofrcdce chapter v miscellaneouslability of zz every fugitive criminal of a foreign state or commonwealth 35 fd&ittye country shall, subject to the provisions of this act, be liable to be :m~'::'it- arrested and surrendered or returned, whether the offence in ires-cd and sur- pect of which the surrender or return is sought was committed be-= or fore or after the commencement of this act, and whether or not b court in india has jurisdiction to try that offence 40 d where the offence in respect of which flhe surrender or re- juriid turn of a fugitive criminal is sought was committed on board any -: vessel on the high seas or any aircraft while in the air outside india ~0iiudi'te4 or the lndian territorial waters which comes into any port or aero- ~ lea or iii s drome 01 lndia, the central government and any magistrate havidg air jurisdictlon in such port or aerodrome may exercise the powers coilferred by this act i 24 if a fugitive criminal who, in pursuance of this act, has been diicbarf committed to prison to await his surrender or return to any foreign of period 10 state or commonwealth country is not conveyed put of india within ~ two months after such committal, the high court, upon application rmdaecl or made to it by or on behblf of the fugitive criminal and upon proof :::u~ two that reasonable notice of the dntention to make such application baa jdodthl been given to the central government, may order such prisoner to i discharged unless sufficient cause is shown to the contmry 25 in the case of a person who is a fugitive cr1minaj arrested or rc1cue cjl detained under this act, the provisions of the code of criminal peno:a ! procedure, 1898, relating to ,ball sball apply in the same manner as :-oa they would apply it such person were accused of committing in lnwa the offence of which he is accused or has been convicted, and :'w'in relation to such ball, the magistrate before whom the fugitive criminal is brought shall have, as far as may be, the same powers and jurisdiction as a court of sesslion under that code 26 a fugitive criminal who is accused or convicted of abetting abetmerat any extradltion offence sballbe deemed for the purpoha of thii act of !xtr -2s to be accused or convicted 01 having committed such offence and:" siball be liable to be arrested and surrendered accordingly 27 it shall be lawful for any person to whom a warrant is direct- lawfalae •• ed for the qpprehension of a fugitive crimidal to hold in custody of, aod 30 and convey the person mentioned ,in the warrant to the place named ~~ in the warrant, and if such person escapes ollt of any atxxiy to from, cu which he may be delivered in pursuance of such warrant, he may =-be re-taken as a person accused of an oftence against the law of lndia may be re-taken upon an escape 3' 28 everything found in the possession of a fugitive crimjdal at property the time of his arrest which may ,be material 88 evidence in provida ~od the extradition offence may be delivered up 'w'lth the fuaitive aal crimidaj on his surrender or return, subject to the riehti if -7, of third parties with -espect thereto 9'14(8) ls-3 ; cd ~ 21 if it appears to the central government that by reason of the e: trivial nature of the case or by reason of the application for the 411 aurrender or return of a fugitive criminal not being made in good :r':~1f faith or in the interests of justice or for political reasons ql' otherwise, it is unjust or inexpedient to surrender or return the fugitive 5 criminal, it may, by order, at any time stay any proceedings under this act and direct any warrant issued or endorsed under this act to be cancelled and the person for whose arrest the warrant has been issued or endorsed to be discharged 9ch i~· requisitions for the surrender of a fugitive criminal are 10 : received from more than one foreign state or commonwealth country or from any foreign state and any commonwealth country, the centjal· government may, having regard to the circumstances of the cue, surrender the fugitive criminal to such state or country as that ggvemmentthidks fit 15 31 a fugitive criminal shall not be surrendered or returned to a foreigft state or commonwealth country-(<<) if the offence, in respect of which his surrender is sought is of a politieal· character or if he proves to the satisfaction of the magistrate or court before whom he may be produced 20 or of the central government that the requisition or warrant for his surrender haa, in fact, been made with a'view to try or punish him for an offence of a political character; (b) 1£ prosecution for the offence in respect of which his surrender-i8sought is according to the law of that state or 25 country barred by·time; (c) unless provisionilmade by the law of the foreign state or commonwealth country or in the extradition treaty with the foreign state or extraditiol\ arrangement with the commonwealth country, that the fugitive criminal shall not, until he has been 30 restored or haa hadan opportunity of returning to india, be detained or tried in that state or country for any offence committed prior to his surrender or return, other than the extradition oftenoe proved by the facts on which his surrender or return is based; 3s (d) if he has been accused of some offence in india, not being the offence for which his surrender or return is sought, or is undergoing sentence under any conviction in india untu after he has been discharged, whether by acquittal or on expiration of his sentence or otherwise; 40 (e) untu after the expiration of fifteen days from the date of his being committed to prison by the magistrate 32 notwithstanding anything to the contrary containedftt section at section 8 or section 12, the provisions of sections 29 and 31 shan =i:~d­, apply without any modification to every foreign state or common- out an, i wealth coud~ =~od -- ~~ " -33 nothing in this act shall affect the provisions of the fore- ::ect~o ~ igners act, 1946, or any order made thereunder poreipen act 1946 h the provisions of this act shall apply in relation to the be-:t jicatl)n 10 public of ireland in the like manner and subject to the like condi-=i; of tions as they apply in relation to a commonwealth country i 35 every notifled order made or notification issued under this notified aet shall, as soon as may be after it is made or issued, be laid before ::i:c~ each house of parliament to be laid before parliam~t is 36 (1) the central government may, by notification in the powerto official gazette", make rules to carry out the purposes ()f this act juke rala (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 form in which a requisition for the surrender of a fugitive criminal may be madej (b) the form in which a warrant for the apprehension of any person in a commonwealth countryi to which chapter in applies may be made; (c) the manner in which any warrant may be endorsed or authenticated under this act; (d) the removal of fugitive criminals accused or in custody under this act and their control and maintenance until such time as they are handed over to the persons named in the warrant as entitled to receive them; 30 (e) the seizure and disposition of any property, which i the subject of, or required for proof of, any alleged offence to which this act applies; 35 (f) the form and manner in which or the channel through which a magistrate may be required to make his report to the central government under this act; (g) any other matter which has to be, or may be, prescribed (3) every rule made under this section shall be laid as soon as may be after it is made before each house of parliament whue 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 th~ expiry 5 of the session in which it is so laid or the session immediately tollowing, 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 e1!ect only in such modified form or be of no effect, as the :ase may be; 80 however that any such modi8cation or 10 annulment shall be without prejudice to the validity, of anything previously done under that rule lad 11 (1) the indian extradition act, 1903, and any law correspon-15 of liios ing thereto in force at the commencement of this act in the territories which, immediately before the 1st day of november, 1956, were is comprised in part b states and the north east frontier agency and tuensang district (extradition) regulation, 1961, are hereby re-3 of 1161 pealed (2) the extradition acts, 1870 to 1932 and the fugitive offenders ~ ad 34 act, 1881, in so far as they apply' to and operate as part of the law of 20 3r-an'!i 5:; lncua, are hereby repealed viet c 60; 6 bclw 7 c-15 - uud 330;; s, co 39 4445 vicl c 6f [see section 2 <a> ] the following are commonwealth countries:-1 commonwealth of australia s 2 canada 3 ceylon 4 cyprus 5 federation of malaya 6 ghana 10 7 new zealand 8 nigeria 9 pakistan 10 sierra leone 11 singapore 15 12 tanganyika 13 unitec;l kinsdolq eztraditlicm offences in relation to foreign states other than 'treaty states 01' in relation to commonwealth countries the following list of extradition offences is to be construed aecor-s ding to the law in force in india on the date of the alleged offence wherever the names of the relevant acts are not given, the sections referred to are the sections of the indian penal code (45 of 1880):-1 culpable homicide (sections 299 to 304) 2 attempt to murder (section 307) 10 s causing miscarriage and abandonment of ehud (sections 312 to 317) 4 kidnapping, abduction, slavery and forced labour (sections 360 to 374) 5 rape and unnatural offences (sections 375 to 377) 15 8 theft, extortion, robbery and dacoity: (sections 378 to 402) '1 criminal misappropriation and criminal breach of trust (sections 403 to 414) 8 cheating (sections 415 to 420) ,1, 9 mischief (sections 425 to 440) zo 10 forgery, using forged documents and other offences relat-ing to false documents (sections 463 to 477a) 11 offences relating to coins and stamps 283a) (sections 230 to , -;- ' 12 sinking or destroying a vessel at sea or attempting or as consptrlng to do so 13 damaging or destroying an aircraft in the air or attempting or conspiring to do so 14 assault on board a vessel on the high seas or an aircraft in the air outside india or the indian territorial waters 30 with intent to destroy life or to do grievous bodily harm 15 revolt or conspiracy to revolt by two or more persons on board a vessel on the high seas or an aircraft in the air outside india or the indian territorial waters against 35 the authority of the master or the pilot in command , '' • 14 16 smuggling of gold, gold manufactures, diamonds and othet precious stones or of any narcotic substance [section 167, entry 81 in column 2 of schedule, sea customs act, 1878 (8 of 1878)] , 17 immoral traffic in women and girls [sections 4,5, 6 and 8 of the suppression of immoral traffic in women and girls act, 1956 (104 of 1956)] 10 18 any offence which if committed in india would be punta able under any other section of the indian penll code or any other law, and which may, from time to· ttrtt~j be specified by the central government by i1bwu:auon in the official gazette either generally for au fotelgn states or for all commonwealth counti1es or speclmy for one or more such states or countries at present, the law of extradition applicable to india is to be found scattered in the united kingdom extradition acts, 1870 to 1932, the fugitive offenders act, 1881, and the indian extradition act, 1903 the united kingdom extradition act, 1870, in its application to india, authorised the extradition of fugitive offenders betweed india and 'foreign states', a term which meant states to which that act was made applicable by her britannic majesty"s order in council the fugitive offenders act, 1881, on the other hand, provided a method whereby extradition of fugitive offenders could be effected between the british dominions and possessions by a simplified form of procedure the indian extradition act, 1903, modified and supplemented the other laws by-(a) prescribing the procedure for the surrender of fugitive criminals in the case of 'foreign states'; (b) providing a special machinery for the surrender of fugitive criminals in case of states other than 'foreign states'; and (c) specifying the officers in india who may exercise the powers conferred by the fugitive offenders act, 1881 2 the indian extradition act, 1903, was not extended to part b states in 1961 when the part b states (laws) act, 1951, was enacted u it was felt eved then that this should be done by a separate law, after a proper examination of the position the result is that the legal positiod relating to the surrender of fugitive criminals to 'foreign states' add commonwealth countries under the existing law from the erstwhile part b states is somewhat doubtful further, the supreme court, in its judgment in the state of madras vb c g menon reported in (1955) supreme court reporter 280, has held that after india became a republic, the fugitive offenders act, 1881 has ceased to apply' to india moreover, the present law relating to extradition contains certain lacunae on questions such as concurrent requests for the surrender of a fugitive criminal from more than one state 3 the purpose of this bill is to remove all such anomalies and ftl1 in the lacunae that exist at present in the law relating to extradition and enact a consolidated add amended law for the extradition of fugitive criminals to all foreign states and commonwealth coun-~ -4 a bill od ,the 8ubject was introduced in the lok sabha on the 7th august, 1961 the bill wu referred to a joint committee and the committee presented the report on the 30th november, 1981 'l\~ bill, as reported by the joint committee could not be taken up for consideration in parliament for want of time and it lapsed on the dissolution of the lok sabha the present bill incorporates all the recommendations made by thej oint commlttee and opportunity has been taken to make certain minor changes 5 the notes on clauses explain in detail the -various provisfom of the bill new delhi; the 8th june, 1962 jawaharlal nehru claule 2-sub claus8 (a) -definition of commonwealth country is more or less on the same lines as in the citizenship act, 1955 a few"morecc)uniries ,which have gained independence have been added in the first schedule the sub-clause would enable the ceniral government to include new commonwealth countries in the schedule , subclause (b) -certain foreign laws like the french provide for the condemnation of an accused person par contumace but such con'" demnation is annulled if the accused person appears before the court, when his trial begins afresh such a person is correctly described as an accused person and not as a convicted person for the purposes of the extradition law this sub-clause is intended to clarify this position and follows similar definitions in the united kingdom and canadian acts sub-clause (c) -the expression "extradition offence" is so defined as to mean, in relation to a foreign state being a treaty state, an offence provided for in the extradition treaty with that state and in relation to a foreign state other than a treaty state or in relation to a commonwealth country, an offence which is specified in, or which may be specified by notification under, the second schedule sub-clause (d) -the definition of "extradition treaty" covers even pre-independence treaties clause a-this clause covers all states outside india including commonwealth countries to which chapter iii does not apply the act can become operative in relation to such states only on the issue of a notified order provision has been made in the clause whereby it may be possible to make this act effective only in relation to certain parts of india in regard to a treaty state, power has also been taken to render the application of the act subject to such modifications, exceptions, conditions and qualifications as may be deemed expedient for implementing the treaty with that state clause 4-this clause prescribes the channel through which a requisition for the surrender of a fugitive criminal of a foreign state or a commonwealth country to which chapter iii does not apply may be made to the central government clause 5-this clause empowers the central government to issue an order to a magistrate having jurisdiction to enquire into the offence in respect of which requisition has been received under clause 4 this clause follows sub-section (1) of section 3 of the indian extradition act, 1903 clauses 6 and 7-these clauses prescribe the procedure to be followed by a magistrate when order is received by him under clause 5 these clauses more or less are based on sub-sections ,(2), (3), (4) and (6) of section 3 of the indian extradition act, 1903 clause s-this clause is based on sub-section (8) of section 3 of the indian extradition act, 1903 clause 9-this clause more or less reproduces section 4 of ~ indian extradition act, 1903 clause 10-this clause reproduces section 17 ,of the indian extradition act, 1903 clause n-this clause makes it clear that chapter ii will not apply in respect of fugitive criminals of a commonw-ealthcountry to which chapter iii applies 'clause 12-this clause makes it clear that"chapter iu will apply only to stich of the commonwealth countries as have entered 'into ~­tradition arrangements with· the central government:sub-clause (2) of this clause further provides that every such application shall be by notified order the central government is further empowered to apply the provisions of chapter iii and other chapters 'in relation to any such commonwealth country subject to such modiftcations, exceptions, ,conditions and, qualifications as it may thlnk fit to ,specify for the purposes of implemenung theauangement cl0u8e 13-this clause makes it clear that a fugitive crimidallof a ooiid'iloftwealthcountry, to' which chapter iii is made applicable' shall· be, liable to be apprehendeciaftd returned'in the'ma:nner,pl'ovi ded in the ,said chapter clause 15-this clause follows section 13 of the fugitive offenders act, ·l88l clause 16-suh-clause (1) of this clause follows section 18 of the' fugitive offenders act, 1881 sub-clause (2) requires a magistrate issuing a 'provisional warrant under sub-clause (1) to report the issue of such warrant to the central government cltzuie 17-thia clause empowers the magistrate to hear evidence and satisfy himself whether the offence of which the person is accused or has been convicted is an extradition offence and also whether the warrant for the apprehension of the fugitive criminal has been duly authenticated power has also been conferred on him to release the fugitive criminal on bail if he is not satisfied on either of the two aforesaid points ciciure 18-'nui clause makes it clear that the power of returning the fugitive criminal to the commonwealth country concerned will lie with the central governmenl cltzuie j9--s~lauae (1) of this clause prescribes the channel tor requisition for the surrender of a person accused or convicted of an extradition offence committed in india and who is or is suspected to be in any foreign state or a commonwealth country to which chapter iti does not apply clause n-this clause is based on section 19 of the united kingdom extradition act, 1870 it provides to foreign countries the same aafeguards in our law 88 we insist upon from them under clause 31 (c) before allowing surrender of fugitive criminals clause 22-this clause states the liability of a fugitive criminal in express terms even with regard to offences committed before the oommencemeat of the act the clause corresponds to a certain extent section 18 of the indian extradition act, 1903 cltzuie 23-this clause follows section 20 of the indian extradition act, 1903 but the scope of the clause has been widened so as also to cover offadces committed in the air clause 24-this clause is on the same lines as sub-section (10) of section 3 of the indian extradition act, 1903 ci4uie 25-this c:lause follow's sub-section (4) of section 10 of the indian extradition act, 1903 it has been made clear in this elause that the magistrate before whom the fugitive criminal is brought lihall have the same powers and jurisdiction in relation to granting of bail 88 a court of session under the code of criminal proeedure clause 26-thls elause follows section 13 of the indian extradftl~ act, 19q3 czaule 27:-'nlis clause follows section 3 (9) and section 14 of the indian extradition act, lp03 clcz'u8e 29-'l'his clause follows section 10 of the fugitive offenders act, 1881 with this difference that power under that section is exercisable by a court whereas the power under this clause is exercisable by the central government clcz'u8e 30-this clause makes a provision to meet a contingency when the surrender of a fugitive criminall;1as been requested by more than one state simultaneously the clause is based mainly on the fact that there are quite a number of offences which consist of - series of penal transactions each one of which may be completed or originated in one or more states separately under this clause the central government would decide to which state or country a fugitive criminal may be surrendered after taking into consideration all the circumstances of the case, namely, the respective dates on which the requisitions were received, the relative gravity of the offences alleged and the like clcz'u8e 3l-this clause contains the usual restrictions on surrender the period of fifteen days specified in sub-clause (e) of this clause would enable the fugitive criminal to move the appropriate court for his release by filing a writ petition of habeas corpu8 cza'u8e 32-it has been made clear in this clause that the central government cannot modify the application of the provisions of clauses 29 and 31 which shall apply in all cases of extradition under this bill clauses 33, 34 and 35-these clauses are self-explanatory proceedings for extradition of fugitive criminals to foreign states and commonwealth countries under the bill would involve arrest of the· fugitive criminal, an enquiry by a magistrate and in some cases the remo'yal 'of the fugitive criminal and his delivery to the foreign state or commonwealth country such proceedings will also involve the detention of the· fugitive criminal in·po1ice/jail custody, and the state shill have to involve expenditure during such detention/custbdy in so far as the union territories are concerned, such expenditure will be met from the consolidated fund of india it is not possible to estimate the amount of expenditure from the consolidated fund of india as that amount will depend on the number of requests for extradition that may be received in any given period clause 36 of the bill empowers the central government to make rules by notification in the official gazette to carry out the purposes of the act the matters in respect of which such rules may be made are specified therein 2 most of those matters are of a routine character they -i7ite'j' alia relate to the form in which a requisition for the surrender of a fugitive criminal may be made, the form in which a warrant for the apprehension of any person in a commonwealth country to which chapter iii applies may be made, the manner in which any warraat may be endorsed or authenticated, the seizure and disposition of any property which is the subject of any extradition offence, and the form and manner in which or the channel through which a magistrate may be required to make his report to the central government 3 under clause 3 (1), power is conferred on the central government to apply by notified order the provisions of the act (other than chapter iii), to such foreign state or to such commonwealth country to which the provisions of chapter iii do not apply, as may be specified in that order under clause 3 (2), however, power is reserved to the central government to restrict such application to fugitive criminals found in such part of india as may be specified in the order as regards a treaty state, the central government has been empowered to make the application of the act subject to such modifications and exceptions as may be deemed expedient for implementing the treaty with that state the question to which countries or states the act should be made applicable is a little difficult and complicated one reciprocity and other considerations such as terms of a treaty may have to be weighed it is not possible to specify all such considerations in the act the central government has therefore been vested with the necessary power in this regard 4 under clause 12, power has been reserved to the central government to apply by notified order the provisions of chapter iii to such commonwealth countries as may enter into extradition arrangement with the government of india power is also reserved to the central government to make the application of chapter iii and of chapters i, iv and v subject to such modifications, exceptions, conditions and qualifications as may be specified in the order tor the purpose of implementing the arrangement it is not possible to visualise at this stage what sort of extradition arrangement will be entered into by different commonwealth cowltries and consequently it is difficult to specify in the act the modifications, exceptions, conditions and qualifications subject to which the act may be made applicable 5 having regard to the circumstances under which powers under clauses 3 and 12 will be exercised by the central governmeat, the powers delegated to it are of a normal character a bill to consolidate and amend the law relating to the extradition of fugitive criminals the president has, in ~ursuance of clause (3) of article ii7 _ of the constitution of india, recommended to lok sabha the consideration of the bill m n kaul, secretary (shr; ja'fjjaharlal nehru, minister of external affairs)

Parliament_bills

ab5e5239-9755-53e6-8f20-190fee415a4a

the bail bill, 2016—————— arrangement of clauses——————clauses chapter i preliminary1short title, extent and commencement2definitions3surrender before the court4reference to other laws chapter ii incidents of bail5duty to surrender to custody6furnishing of surety by a person granted bail7compliance with conditions by a person granted bail8releasing of an accused on bail by court9release of an accused by court on personal bond, etc chapter iii bail for accused persons and others10granting of bail in case of bailable offences11granting of bail in case of non-bailable offences12no bail in case of an offence punishable with death, etc13reasons to be recorded before bail14committing a person to custody15trial in case of non-bailable offence16conclusion of trial17execution of bail bonds with sureties18anticipatory bail for non-bailable offence19direction for release of a person on bail20detention of a person in custodyclauses chapter iv cancellation of bail and forfeiture of bonds21cancellation of bail in cases of bailable offences22release of a person of unsound mind on bail23cancellation of bail in case of non-bailable offences24forfeiture of bonds25cancellation of bond and bail bond26insolvency or death of a surety27execution of a bond by minor28orders to be appealable29direction to magistrate to levy amount chapter v miscellaneous30bonds and sureties31release of a person on bail32repeal and savings33power to make rules bill no xviii of 2016 the bail bill, 2016 abillto make provisions in relation to bail in connection with criminal proceedings in the country and to ensure protection of personal liberty of the citizens and matter connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the bail act, 2016(2) it extends to the whole of india, except the state of jammu and kashmirshort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette appointdefinitions2 (1) in this act, unless the context otherwise requires, "bail" means—(i) bail grantable in or in connection with proceedings for an offence to a person who is accused or convicted of the offence, or5(ii) bail grantable in connection with an offence to a person who is under arrestfor the offence or who has reason to believe that he may be arrested on accusation of having committed any offence(2) words and expressions used and not defined in this act but defined in the code of criminal procedure, 1973 or the indian penal code, 1860 or the indian evidence act 1872 shall have the same meanings respectively assigned to them in those codes and the act2 of 1974 45 of 1860 1 of 187210surrender before the court3 where an enactment (whenever passed) which relates to bail refers to the personbailed, appearing before a court, it shall be construed unless the context otherwise requires as referring to his surrendering himself to the custody of the court under this actreference to other laws154 any reference in this act to any other enactment is a reference thereto as amended,and includes a reference thereto as extended or applied, by or under any other enactment, including this act chapter ii incidents of bailduty to surrender to custody205 a person accused of committing bailable offences or non-bailable offences when granted bail shall be under a duty to surrender to custody, and that duty is enforceable in accordance with the provisions of this act6 a person, when granted bail, may be required to furnish surety before release on bail, is cases—furnishing of surety by a person granted bail(a) where he is accused of committing bailable offences except if he is declaredindigent by the court25explanation— if a person is unable to furnish bail bond within a week of thedate of his arrest, it shall be sufficient ground for the officer or the court to presume that he is an indigent person for the purposes of this section(b) where accused of committing non-bailable offences307 a person who is accused of committing non-bailable offence may be required by court to comply, after release on bail, with following conditions—| ( | i | ) that such person surrenders to the custody; ||------------------------------------------------|-----|---------------------------------------------------------------------------------|| compliance | | || with | | || conditions by | | || a person | | || granted bail | | || ( | ii | ) that such person shall not commit an offence similar to the offence of which || he is accused, or suspected of the commission; | | |35(iii) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so facts to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;(iv) that such person makes himself available for the purpose of enabling inquiries or a report to be made and also to assist to deal with him for the offence;40(v) such other conditions as it consider necessary in the interest of justiceexplanation—application of these conditions shall be limited in cases where a person is accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under chapter vi, chapter xvi or chapter xvii of the indian penal code or abetment of, or conspiracy or attempt to commit, any such offencereleasing of an accused on bail by court58 if it appears to an officer of court at any stage of investigation, inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further enquiry into his guilt, subject to the discretion of such officer or court, the accused shall be released on bail and the condition imposed by the court shall be relaxed upon, such officer of court recording the reasons for release on bail or relaxation of conditions in writing 10release of an accused by the court on personal bond, etc9 where a person has, during the period of investigation, inquiry or trial under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law), undergone detention for a period extending upto one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the court on his personal bond with or without sureties:15provided that the court may, after hearing the public prosecutor and for the reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of personal bond with or without sureties:provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law20explanation—in computing the period of detention under this section for granting bail the period of detention passed due to delay in proceeding caused by the accused shall be excluded chapter iii bail for accused persons and others25granting of bail in case of bailable offences10 when the person is arrested or detained for a bailable offence without warrant by an officer in charge of a police station, or appears or is brought before a court, and is prepared at any time while in custody of such officer or at any stage of the proceeding before such court to furnish bail bond, such person shall be released on bail:30provided where a person has failed to comply with the conditions of the bail bond as regards the time and place of attendance, the court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the court or is brought in custody11 when the person is arrested or detained for a bailable offence without warrant by an officer in charge of a police-station or appears or is brought before a court other than a high court or court of session, he may be released on bail except—granting of bail in case non-bailable offences35(i) if there appears reasonable grounds for believing that he has been guilty ofan offence punishable with death or imprisonment for life;40(ii) if the offence committed by the accused is cognizable offence and he hadbeen previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a cognizable offence punishable with imprisonment for three years or more but not less than seven years:provided that persons referred to in clauses (i) and (ii) of section 11 shall be released on bail by the court if such person is under the age of sixteen years or is a woman or is sick or infirm:45 provided further that court may also direct that a person referred to in clause (ii) ofsection 11 be released on bail if it is satisfied that it is just and proper to do so for any other special reason:50provided also that the mere fact that an accused person may be required for beingidentified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is other wise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the court| 12 | no person shall, if the offence alleged to have been committed by him is punishable ||--------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|| with death, imprisonment for life, or imprisonment for seven years or more be released on bail | || by the court under section 11 without giving an opportunity of hearing to the public prosecutor | || no bail in case | || of an offence | || punishable | || with death etc | || 5 | || 13 | an officer or a court releasing any person on bail under section 11, shall record in || writing his or its reasons or special reasons for so doing | || reasons to be | || recorded | || before bail | || 14 | any court which has released a person on bail under section 11, if it considers || necessary so to do, may direct that such person be arrested an commit him to custody | || committing a | || person to | || custody | || 10 | || trial in case | || of non- | || bailable | || offences | || 15 | if in any case triable by a magistrate, the trial of a person accused of any non- || bailable offence is not concluded within a period of sixty days from the first date fixed for | || taking evidence in the case, such person shall, if he is in custody during whole of the said | || period, be released on bail to the satisfaction of the magistrate, unless for reasons to be | || recorded in writing, the magistrate otherwise directs | || conclusion of | || trial | || 15 | || 16 | if, at any time after the conclusion of the trial of a person accused of a non-bailable || offence and before judgment is delivered, the court is of opinion that there are reasonable | || grounds for believing that the accused is not guilty of any such offence, it shall release the | || accused, if he is in custody, on the execution by him of a bond without sureties for his | || appearance to hear judgment delivered | || execution of | || bail bonds with | || sureties | || 20 | || 17 | before conclusion of trial and before disposal of appeal, the court trying the || offence or the appellate court, as the case may be, shall require the accused to execute bail | || bonds with sureties, to appear before the higher court as and when such court issues notice | || in respect of any appeal or petition filed against the judgement of the respective courts and | || such bail bonds shall be in force for six months | || exception— | this section shall not apply once a person has been acquitted by the trial || court | || 25 | || explanation— | once the person has been acquitted by the court trying the offence he || shall released henceforth without any bail or sureties even if any appeal to the higher court | || is pending | || anticipatory | || bail for non- | || bailable | || offence | || 30 | |18 (1) when any person has reason to believe that he may be arrested on an accusation of having committed a non-bailable offence, he may apply to the high court or the court of session for a direction under this section that in the event of such arrest, he shall be relased on bail, and that court may, after taking into consideration, inter-alia, the following factors, namely—(i) the nature and gravity of the accusation;35(ii) the antecedents of the applicant including the fact as to whether he has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;(iii) the possibility of the applicant to flee from justice; and (iv) where the accusation has been made with the object of injuring or humiliating the applicant by having him so arrested,40either reject the application forthwith or issue an interim order for the grant of bail45(2) where the court grants an interim order under sub-section (1) of section 18, it shall forthwith cause a notice being not less than seven days notice, together with a copy of such order to be served on the public prosecutor and the superintendent of police, with a view to give the public prosecutor a reasonable opportunity of being heard when the application shall be finally heared by the courtexplanation—the final order made on an application for direction under sub-section(1) of section 18, shall not be construed as an interlocutory order for the purposes of this act(3) when the high court or the court of session makes a direction under sub-section(1) of section 18, it shall include following conditions:—(i) that the person shall make himself available for interrogation by a policeofficer as and when required;5(ii) that the person shall not, directly or indirectly, make any inducement, threator promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer;(iii) that the person shall not leave india without the previous permission of thecourt;10(iv) such other condition as may be imposed by section 10, as if the bail weregranted for bailable offences15(4) if such person is thereafter arrested without warrant by an officer-in-charge of a police station on such accusation, and is prepared either at the time of arrest or at any time while in the custody of such officer to furnish bail, he shall be released on bail, and if a magistrate taking cognizance of such offence decides that a warrant should be issued, in the first instance against that person, he shall issue a bailable warrant in conformity with the direction of the court under sub-section (1) of section 1820(5) if an application under this section has been made by any person either to the high court or the court of session, no further application by the same person shall be entertained by either of them19 a high court or court of session may direct—direction for release of a person on bail(a) that any person accused of an offence and in custody be relased on bail, and if the offence is of the nature specified in section 10, may impose any condition which it considers necessary for the purposes mentioned in section 1025(b) that any condition imposed by a magistrate when releasing any person onbail be set aside or modified:30provided that the high court or the court of session shall, before granting bailto a person who is accused of an offence which is triable exclusively by the court of session or which, though not so triable, is punishable with imprisonment for life, give notice of the application for bail to the public prosecutor unless it is, for reasons to be recorded in the writing, of the opinion that it is not practicable to give such noticedetention of a person in custody3520 (1) whenever any person is arrested and detained in custody and it appears that the investigation cannot be completed within the period of twenty-four hours and there are grounds for believing that the accusation or information is well-founded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest judicial magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such magistrate40(2) the magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case from time to time, authorise the detention of the accused in such custody as such magistrate thinks fit, for a term not exceeding fifteen days in the whole and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a magistrate having such jurisdiction:45privided that—(a) the magistrate may authorise the detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days; if he is satisfied that adequate grounds exist for doing so, but no magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding,—50(i) ninety days, where the investigation relates to an offence punishablewith death, imprisonment for life or imprisonment for a term of not less than ten years;(ii) sixty days, where the investigation relates to any other offence and;5(iii) on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of section 10 and 11 of this act; (b) no magistrate shall authorise detention in any custody under this section unless the accused is produced before him;(c) no magistrate of the second class, not specially empowred in this behalf by the high court, shall authorise detention in the custody of the police10explanation i—for the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail;15explanation ii—if any question arises whether an accused person was produced before the magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorising detention20 25 30(3) notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a judicial magistrate is not available, transmit to the nearest executive magistrate, on whom the powers of a judicial magistrate or metropolitan magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such executive magistrate and thereupon such executive magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a magistrate competent to make such order; and where an order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an executive magistrate under this sub-section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to sub-section (2):provided that before the expiry of the period afforesaid, the executive magistrate shall transmit to the nearest judicial magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be35(4) a magistrate authorising detention in the custody of the police under this section shall record his reasons for so doing(5) any magistrate other than the chief judicial magistrate making such order shall forward a copy of his order, with his reasons for making it, to the chief judicial magistrate chapter iv40 cancellation of bail and forefieture of bondscancellation of bail in cases of bailable offences4521 (1) when a person has failed to comply with the conditions of the bail-bond as regards the time and place of attendance, the court may refuse to release him on bail, when on a subsequent occasion in the same case he appears before the court or is brought in custody and any such refusal shall be without prejudice to the powers of the court to call upon any person bound by such bond to pay the penalty as prescribed under this act:provided the bail shall not be refused nor penalty shall be imposed on the accused if the accused is able to prove before the court that he had reasonable cause not to comply with the conditions of bail:provided further that the bail shall not be refused to the person accused if he has taken leave of the court not to comply with the conditions imposed by the court45(2) a high court or court of session may direct that any person who has been released on bail under section 10 be arrested and commit him to custody:provided that high court or the court of session shall give adequate notice of hearing of the application of cancellation of bail to the accused5release of a person of unsound mind on bail22 (1) whenever a person if found to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the magistrate or court, as the case may be shall, whether the case is one in which bail may be taken or not, order release of such person on bail:10provided that the accused is suffering from unsoundness of mind or mental retardation which does not mandate in-patient treatment and a friend or relative undertakes to obtain regular out-patient psychiatric treatment from the nearest medical facility and to prevent from doing injury to himself or to any other person(2) if the case is one in which, in the opinion of the magistrate or court, as the case may be, bail cannot be granted or if an appropriate undertaking is not given, he or it shall order the accused to be kept in such a place where regular psychiatric treatment can be provided, and shall report the action taken to the state government:1514 of 1987provided that no order for the detention of the accused in a lunatic asylum shall be made otherwise than in accordance with such rules as the state government may have made under the mental health act, 198720(3) whenever a person is found to be incapable of entering defence by reason of unsoundness of mind or mental retardation, the magistrate or court, as the case may be, shall keeping in view the nature of the act committed and the extent of unsoundness of mind or mental retardation, further determine if the release of the accused can be ordered:provided that—25(a) if on the basis of medical opinion or opinion of a specialist, the magistrate or court, as the case may be decide to order discharge of the accused, such release may be ordered, if sufficient security is given that the accused shall be prevented from doing injury to himself or to any other person30(b) if the magistrate or court, as the case may be, is of opinion that discharge of the accused cannot be ordered, the transfer of the accused to a residential facility for persons of unsound mind or mental retardation may be ordered wherein the accused may be provided care and appropriate education and training 23 the court other than the high court or court of session may exercise its power to cancel the bail granted by it under section 11 and to recommit the accused to jail under any one or more of the following circumstances, namely:—cancellation of bail in cases of nonbailable offences35(i) while on bail the accused commits the same offence for which he is being triedor has been convicted;(ii) if he hampers investigation of the case; (iii) if he tampers with the evidence and threatening the witness; (iv) if he runs away to a foreign country or goes underground or beyond the control of his sureties;40(v) if he commits acts of violence, in revenge, against the police and the prosecution witnessess: provided that court shall assign reasons before cancellation of bailforfeiture of bond4524 (1) where a bond under this act is for appearance, or for production of property, before a court and it is proved to the satisfaction of that court or of any court to which the case has subsequently been transferred, that the bond has been forfeited, or where, in respect of any other bond under this act, it is proved to the satisfaction of the court by which the bond was taken, or of any court to which the case has subsequently been transferred, or of the court of any magistrate of the first class, that the bond has been forfeitedthe court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof or to show cause why it should not be paid5explanation— a condition in a bond for appearance, or for production of property, before a court shall be construed as including a condition for appearance, or as the case may be, for production of property before any court to which the case may subsequently be transferred(2) if sufficient cause is not shown and or the penalty is not paid, the court may proceed to recover the same as if such penalty were a fine imposed by it under this act:10provided that where such penalty is not paid and cannot be recovered in the manner aforesaid, the person so bound as surety shall be liable, by order of the court ordering the recovery of the penalty, to imprisonment in civil jail for a term which may extend to six months15(3) the court may, after recording its reasons for doing so, remit any portion of the penalty mentioned and enforce payment in part only;(4) where a surety to a bond dies before the bond is forfeited, his estate shall be discharged from all liability in respect of the bond;20(5) where any person who has furnished security and is convicted of an offence the commission of which constitutes a breach of the conditions of his bond, or of a bond executed in lieu of his bond, a certified copy of the judgment of the court by which he was convicted of such offence may be used as evidence in proceedings under this section against his surety or sureties, and, if such certified copy is so used, the court shall presume that such offence was committed by him unless the contrary is proved2525 without prejudice to the provisions of section 24, where a bond under this act is for appearance of a person in a case and it is forfeited for beach of a condition—cancellation of bond and bail bond(a) the bond executed by such person as well as the bond, if any, executed by one or more of his sureties in that case shall stand cancelled; and30(b) thereafter no such person shall be released only on his own bond provided that if the police officer or the court, as the case may be, for appearance before whom the bond was executed, is satisfied that there was no sufficient cause for the failure of the person bound by the bond to comply with its condition:35provided that subject to any other provision of this act he may be released inthat case upon the execution of a fresh personal bond for such sum of money and bond by one or more of such sureties as the police officer or the court, as the case may be, thinks sufficientinsolving of death of a surety4026 when any surety to a bond under this act becomes insolvent or dies, or when anybond is forfeited under the provisions of section 24, the court by whose order such bond was taken, or a magistrate of the first class may order the person from whom such security was demanded to furnish fresh security in accordance with the directions of the original order, and if such security is not furnished, such court of magistrate may proceed as if there had been a default in complying with such original order27 when the person require by any court, or officer to execute a bond is a minor, suchcourt or officer may accept, in lieu thereof, a bond executed by a surety or sureties onlyexecution of a bond by minor28 all order passed under section 24 shall be appealable,—45orders to be appealable(i) in the case of an order made by a magistrate, to the session judge; (ii) in the case of an order made by a court of session, to the court to which an appeal lies from an order made by such court 29 the high court or court of session may direct any magistrate to levy the amount due on a bond for appearance or attendance at such high court or court of sessiondirection to magistrate to levy amount chapter v5 miscellaneousbonds and sureties1030 (1) before any person is released on bail or released on his own bond, a bond for such sum of money as the police officer or court, as the case may be thinks sufficient shall be executed by such person, and, when he is released on bail, by one or more sufficient sureties conditioned that such person shall attend at the time and place mentioned in the bond, and shall continue so to attend until otherwise directed by the police officer or court, as the case may be(2) where any condition is imposed for the release of any person on bail, the bond shall also contain that condition15(3) if the case so requires, the bond shall also bind the person released on bail toappear when called upon at the high court, court of session or other court to answer the charge20(4) for the purpose of determining whether the surety is fit or sufficient, the court may accept affidavits as proof of the facts contained therein relating to the financial condition, character, previous conviction if any and his proximity, whether in point of kinship, place of residence or otherwise to the person for whom he is to be surety, or, if it considers necessary, may either, hold an inquiry itself or cause an inquiry to be made by a magistrate subordinate to the court, as to such sufficiency25(5) every person standing surety to an accused persons for his release on bail, shall make a declaration before the court as to the number of persons to whom he has stood surety including the accused, giving therein all relevant particulars(6) the amount of every bond executed under this act shall be fixed with due regard to the circumstances of the case and shall not be excessive(7) the high court or court of session may direct that the bail required by a police officer or magistrate be reduced30(8) if, through mistake, fraud, or otherwise, insufficient sureties have been accepted, or if they afterwards become insufficient, the court may issue a warrant of arrest directing that the person released on bail be brought before it and may order him to find sufficient sureties, and, on his failing so to do, may commit him to jail35(9) all or any sureties for the attendance and appearance of a person released on bailmay at any time apply to a magistrate to discharge the bond, either wholly or so far as relates to the applicants(10) on such application being made, the magistrate shall issue his warrant of arrest directing that the person so released be brought before him40(11) on the appearance of such person pursuant to the warrant, or on his voluntarysurrender, the magistrate shall direct the bond to be discharged either wholly or so far as relates to the applicants, and shall call upon such person to find other sufficient sureties, and, if he fails to do so, may commit him to jail45release of a person on bail31 (1) as soon as the bond has been executed, the person for whose appearance it has been executed shall be released; and, when he is in jail, the court admitting him to bail shall issue an order of release to the officer in charge of the jail, and such officer on receipt of the order, shall release him(2) nothing in this section, section 10 or section 11 shall be deemed to require the release of any person liable to be detained for some matter other than that in respect of which the bond was executed2 of 1974repeal and savings32 (1) chapter xxxiii of the code of criminal procedure, 1973 is hereby repealed(hereinafter referred to as repealed provisions)5(2) notwithstanding such repeal,—10(a) anything done or any action taken or purported to have been done or taken, including any direction given or any proceeding taken or any penalty, punishment, forfeiture or fine imposed under the repealed provisions shall, insofar as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act; and15(b) any principal or rule of law or established jurisdiction, form or course of pleading, practice or procedure or existing usage, custom, privilege, restriction or exemption shall not be affected, notwithstanding that the same respectively may have been in any manner affirmed or recognized or derived by, in or from, the repealed provisions10 of 1897(3) the mention of particular matters in sub-section (2) shall not be held to prejudice the general application of section 6 of the general clauses act 1897 with regard to the effect of repeal20power to make rules33 the central government may, by notifications in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsindia is a welfare state it is necessary to make provision in relation to bail in connection with criminal proceedings in india to ensure that freedom and personal liberty of any citizen is not affected except in accordance with procedures established by lawbail relates to citizens' right to life and liberty, it is expedient to enact a separate legislation to address all issues related to bail and therefore a separate legislation is requiredit is necessary for the person's life and liberty be protected and respected by the state by all means and through all stages of a judicial process involving the due process of lawit is imperative that the law operates in a manner that the best interest and well-being of the citizens of the country are protectedthe recommendations made by law commissions on bail related provisions are required to be incorporated within the statutory frameworkhence this billsukhendu sekhar roy financial memorandumthe bill provides certain procedures to be followed within a legal framework so as to deal with all matters connected with or incidental to bail which may or may not be granted to an accused person and as such no further expenditure from the consolidated fund of india shall be incurred afresh other than the manner in which the expenses are hitherto being incurred memorandum regarding delegated legislationclause 33 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————abillto make provisions in relation to bail in connection with criminal proceedings in the country and to ensure protection of personal liberty of the citizens and matter connected therewith or incidental thereto————(shri sukhendu sekhar roy, mp)gmgipmrnd—684rs(s3)—03052016

Parliament_bills

d98ce136-4644-5042-b9fb-40ee1ebf482d

bill no 54 of 2009 the disruption of proceedings of parliament (disentitlement of daily allowance to members and termination of membership) bill, 2009 by shri l rajagopal, mp a billto provide for disentitlement of daily allowance to members for the day on which the proceedings of a house of parliament of which they are members are adjourned due to disruption caused by a member or a group of members and termination of membership of a member or a group of members who disrupt the proceedings of the house and for matters connected therewithbe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title1 this act may be called the disruption of proceedings of parliament (disentitlement of daily allowance to members and termination of membership) act, 20092 (1) in this act, unless the context otherwise requires:—definitions5(i) "house" means the council of states or the house of the people, as the casemay be; and(ii) "presiding officer" means the chairman of the council of states or thespeaker of the house of the people, as the case may be30 of 1954disentitlement as to daily allowance3 (1) notwithstanding anything contained in the salary, allowances and pension of members of parliament act, 1954, no member shall be entitled to receive daily allowance for a day if proceedings of the house are disrupted by any member or a group of members, as the case may be, leading to its adjournment for a substantial part on that day5(2) where a house is adjourned for substantial part of the day under sub-section (1), the presiding officer shall, on the last working day of the week following that day, inform the house of the date on which the house was so adjourned10identification and termination of membership4 (1) the presiding officer of a house may, if he deems it necessary, identify a member or a group of members, who, individually or collectively, disregard the authority of the chair, or abuse the rules of the house by persistently and wilfully obstructing the proceedings of the house on second occasion in the same session and issue a warning to such member or a group of members15(2) if a member or a group of members so identified under sub-section (1), obstruct the proceedings of the house on third occasion during the same session, the house may resolve to terminate the membership of such member or a group of members, as the case may be, on a motion being moved in this behalf(3) the membership of a member or a group of members referred to in the motion shall stand terminated from the day of adoption of the motion by the house statement of objects and reasonsindia is the largest democracy in the world and members of parliament, being part of this system, have to play a pivotal role in enhancing the prestige of this institution by participating in the proceedings in a disciplined and dignified manner however, of late, it is being observed that the proceedings of both the houses of parliament are disrupted due to pandemonium and the houses have to be adjourned for substantial part of the day without transacting any business this not only results in loss of precious time of parliament and public money but also dents the image of parliament parliamentary democracy is based on the principle that the executive is accountable to the legislature and that one of the foremost duties of members of parliament is to exercise vigilant control over the actions of the executive through various parliamentary devices if the proceedings of either house are disrupted and parliament is not permitted to function and transact the listed business on account of pandemonium, the legislative scrutiny over the executive is diluted since debates on issues of public importance are withheldin view of this and in order to provide disincentive for disruptions in the parliament, it is proposed that no member shall be entitled to receive daily allowance for a day if proceedings of the house are disrupted by a member or a group of members leading to its adjournment for a substantial part of the day whenever a house is adjourned for substantial part of the day due to pandemonium created by members, the presiding officer shall inform the house of the date on which the house was so adjourned it is also proposed that if any member or a group of members is identified, disrupting the proceedings of the house, on three occasions in the same session, by the presiding officer, the membership of such member or a group of members may be terminated on a motion moved and adopted to that effect in the housethe bill seeks to achieve the above objectives———— a billto provide for disentitlement of daily allowance to members for the day on which theproceedings of a house of parliament of which they are members are adjourneddue to disruption caused by a member or a group of members andtermination of membership of a member or a group of memberswho disrupt the proceedings of the house and formatters connected therewith————(shri l rajagopal, mp)gmgipmrnd—2682ls(s5)—10-07-2009

Parliament_bills

1d84e35d-f1a4-581d-8535-ba8953559531

statement of objects and reasonsparliamentary democracy envisaged in the constitution of india can develop and succeed only when the political parties in the country function in an orderly manner and under public scrutiny credibility of political parties in the eyes of people has considerably been eroded most of the political parties which are unable to bear the expenses of their candidates in the elections adopt unhealthy methods and seek assistance from bodies/organisations in the country and outside the country it is also found that the political parties and individual candidates seek money from the big houses and multinationals such illegal practices encourage generation of black money and proliferation of small parties setting up their candidates thereby putting unnecessary burden on the public resources the circulation of black money and influence of multi-nationals and big houses in the elections cause a great set back to the smooth functioning of the parliamentary democracy in the country with a view to check these tendencies and to set a healthy practice, it will be necessary for the government to bear the expenditure incurred or to be incurred by a political party on its candidates for undertaking campaigning in the elections to the lok sabha or state assembly certain facilities should be given to recognised political parties for their effective functioning and the facilities should be given in kind rather than in cash certain regulations should also be imposed on political parties for orderly campaign during election period the bill seeks to achieve these objectives new delhi; uttamrao dhikale november 22, 2000 financial memorandumthe bill seeks to provide for assistance to political parties in respect of rent free accommodation, telephone to recognised political parties it further provides for certain 'other facilities to recognised political parties and candidates set up by such parties the bill also seeks to constitute an election fund it is difficult to estimate the precise financial implications at this stage however, to begin with, a recurring expenditure of rupees five hundred crore per annum will be required the expenditure will be made from the consolidated fund of india a non-recurring expenditure of about rupees one thousand crore will also be involved j i memorandum regarding delegated legislationclause 9 of the bill empowers the central government to frame rules in consultation with the election commission the matters for which the rules may be framed are the particulars to be contained in an application of a political party for the grant of assistance, factors to be taken into account for determining the quantum of assistance to be granted to a political party, etc the delegation of legislative power, therefore, is of a normal character

Parliament_bills

5074c20b-c322-59ca-8d4a-0cff4a6ed35f

'nominated or elected, shall hold office for a term of five years from the date of issue of the notification appointing him as a member of the council by the central government: provided that no member shall continue to hold office beyond three months after the expiry of his term of five years, unless re-nominated or re-electe: mos (6) after sub-section (3), the following sub-section shall be inserted, namely:— "(-4) a member nominated under sub-section (ja) of section 4 shall be gr deemed to have vacated his seat from tho date of issue of the notification by the 'central government appointing his duly elected successor in accordance with the provisions of sub-section (/) of that section te amendment 8 in section 10 of the principal act, for sub-section (/), the following sub-section shall of section 10 be substituted, namely:— "(z2) the executive committee, hereinafter referred to as the committee, shall 'consist of the president and the vice-president who shall be members ex officio, other ex officio members under clauses (/), (g), (4) and (i) of sub-section (/) of section 3 and 1s nine other members who shall be elected by the council from amongst its members" insertion of 9 after section 30 of the principal act, the following sections shall be inserted, jon 59g, mmey— 30€? 30d and he removal of "sqa (1) the council may recommend to the central government for removal of president, the president, the vice-president or any member on the grourids of misconduct or 3& seareies incapacity by a resolution passed by a majority of the total membership of the council come excluding the vacancies and a two-thirds majority of the members present and voting after having given a reasonable opportunity of being heard, and the central govern 'ment may, after being satisfied of the grounds on which such removal is recommended, remove the president, the vice-president or the member from the council in accordance as with such rules as may be made by it: provided that the council shall, before making any recommendation for removal of a member, consider the views of a disciplinary committee constituted for the purpose, which shall follow such procedure as the central government may by rules $5 determine, (2) when the presidents removed by an order under sub-section (/), during the period of such removal the powers and duties conferred and 'imposed on the president under this act shall be exercised and performed by the vice-president (3) where the vice-president is removed by an order under sub-section [eam during the period of such removal the powers and duties conferred and imposed on 25~ the vice-president under this act shall be exercised and performed by such person as the central government may appoint in that behalf from amongst the members ofthe council, () the president or the vice-president or the member, as the case 'may be, shall be elected in the manner provided under this act within the period of three months yo from the date on which the order of removal was issued under sub-section () withdrawal or 30b notwithstanding anything contained in section 7, if the central governuation 'ment considers it to be expedient in the public interest or on the recommendation of the tacibers of 'state govemment concerned that amember nominated to the couneil under clause (a) 'council 'or clause (e) of sub-section (/) of section 3 should withdraw from the counci the ys 'central government may give such direction and if the member refuses to comply with the direction so given, it may, by order, remove such member from the council| directions ||---------------|| central || government, |30€ (1) in the discharge of its functions under this act, the council shall be guided by such directions, as nay be given to it in the public interest, by the central government, (2) ifany dispute arises between the central government and the council as to 5 whether a question relates to public interest or not, the decision of the central government thereon shall be final, power of 30d, (/) ifthe central government is of the opinion that the executive committee or any other committee of the council is unable to perform or has made persistently defaults— on itby or under this act or to (a) in the performance of the duties imps has exceeded or abused its powers; or government to dissolve executive committee or any other committee (6) either wilfully or without sufficient cause in complying with any direction issued by the central government under section 30c, is the central government may, by notification published, together with a statement of reasons therefor, in the official gazette, dissolve the executive committee or such other committee: provided that before issue of such notification, the central goverment shall give a reasonable time to the executive committee or such other committee, as the case 'may be, to show cause why it should not be dissolved and shall consider the explana- re tions and objections, if any, of the executive committee or such other committee (2) upon the publication of a notification under sub-section (j) dissolving the executive committee or, as the case may be, such other committee,— (a) all members of the executive committee, or the other committee shall, notwithstanding that their term of office had not expired, as from the date of as dissolution, vacate their offices as such members; (8) all powers and duties which may, by or under the provisions of this act, be exercised or performed by or on behalf of the executive committee or the other committee, during the period of dissolution, be exercised and performed by such person or persons as the central government may appoint in that behalf 3e from amongst the members of the council: provided thatthe term of office ofthe person or persons so appointed under this 'sub-section shall not exceed a period of six months or till the time a new executive 'committee or such other committee is constituted, whichever is earlier 308, (j) ifthe central government s ofthe opinion that the president or the vice- 35" president or the member of the executive committee or any other committee of the council is unable to perform or has nade persistently defaults— (2) in the performance of the duties imposed on him under this act or has exceeded or abused his powers; or (6) either wilfully or without sufficient cause in complying with any ad direction issued by the central government under section 30c, | power | of ||------------|--------|| central | || government | || to | remove || president, | || vi | || president | or || member | of || executive | || committee | of || any | other || 'committee | |the central government may remove from office the president or the vice-president or the member, as the case may be: provided that before issue of such removal, the central government shall givea reasonable opportunity of being heard to the president or the vice-president or the 445° member, as the case may be, to show cause why he should not be removed from office and shall consider the explanations and objections, if any, of the president or the vice- president or the member (2) upon the removal from office under sub-section (/),— (a) the president or the vice-president or the member shall, notwithstanding that his term of office had not expired, as from the date of removal from office, vacate the office as such president or the vice-president or member; (8) all powers and duties which may, under the provisions of this act, be exercised or performed by the president or the vice-president, as the case may be, shall, during the period of removal from office, be exercised and performed by such person as the central government may appoint in that behalf from amongst e the members of the council: te provided that the term of office of the person so appointed under this subsection shall not exceed a period of six months or till the time a new president or the vice-president or the member, as the case may be, is elected in the manner provided under this act, whichever is earlier", 'amendment of 10 in section 32 ofthe principal act, - section 32 (a) in sub-section (1), the brackets and figure "(/)" shall be omitted is (6) sub-section (2) shall be omitted insertion of 11 after section 33 of the principal act, the following sections shall be inserted, new sections pamel 35 and 338, aepower of "3a (7) where the central government considers it expedient so to do, it may, a by order in writing, direct the council to make any regulations or to amend or revoke er any regulations already made within such period as it may specify in this behalf eee (2) ifthe council fails or neglects to comply with such order within the specified ascsaing period, the central government may itself make the regulations or amend or revoke the regulations regulations made by the council laying of 33b every rule and every regulation made under this act shall be laid, as soon sani 'as may be after itis 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 regulatian" statement of objects and reasons'the indian medical council act, 1956 (imc) provides for composition of the medical council of india (mci), which includes elected and nominated representatives, the composition of the council has been reviewed to examine whether it was helping to serve the purposes intended in the light of various developments in the field of medical education it '@¥s found that the councif has lost its representative character due to (a) large mumber of 'vacancies in the elected category: (b) states having larger number of medical colleges, but having formed @ medical university, are having fewer seats in the council as compared to states having fewer colleges affiliated to several universities; (c) lack of interaction between the state medical councils and the mci; and (d) representation was still being given to those categories which are no more in existence it is, therefore, considered necessary to 'make the composition of the council compact and representative and also empower the central government to ensure that large number of vacancies, particularly in the elected category remain filled ince the composition ofthe revised couneil is likely to be substantially different from the existing one, a new section 3a relating to reconstitution of the council is proposed to be inserted in the imc act, 1956 2 the council's main function as contained in the imc act, 1956 is to make 'recommendations to the central government in matters ofrecognition of medical qualifications, determining the courses of study and examinations required to obtain such qualifications, inspection of examinations and maintenance of register of medical practitioners, etc, by the amendment of the said act in 1993, the power to grant permission for establishment of new medical colleges, increase in intake capacity or for starting higher courses in the established colleges was entrusted to the central government from the respective state governments for this purpose, the mci became a recommendatory body to the central government for taking final decisions in these matters after reviewing the working of the council in this area, and the problems being faced, a need has been felt to empower the central government to give such directions to the council wherever necessary on matters of policy and public importance and to ensure their propet compliance, and also council's accountability to the tasks entrusted to it as in other statutory bodies, itis also proposed to make provisions for femoval of members of the council, and in specified circumstances, dissolution of the executive committee or any other committee, 3 the proposed legislative measures will make the composition of the council compact, comprehensive and representative, and empower the central government to discharge its functions effectively to ensure proper development of medical education in the country 4 the present bill is intended to achieve the above objects, new daun; anbumani ramadoss the 16th august, 2005, memorandum regarding delegated legislationsub-clause (a) of clause $ of the bill empowers the central government to make rules for conducting elections under clause (b) or clause (c) of sub-section (1) of section 3, by an authority so authorised under the rules similar rule making power for conducting election is available to the central government under the existing provisions 2, clause 9 of the bill provides for insertion of a new section 30a for removal of the president, the vice-president or a member of the council in certain cases it is proposed that the central government may frame procedural rules under which the president and the vice- president of the council may be removed the council shall, before making any recommendation for removal of a member, consider the views of the disciplinary committe, constituted for the purpose it is proposed that the procedure, etc, to be followed by the disciplinary committee shall be determined by rules framed by the central government, 3, the rules made under the proposed legislation shall be required to be laid before parliament 4, the matters in respect of which rules may be made are matters of procedure and administrative detail and itis not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of anormal character (10208 1956) 2 in this act, unless the context otherwise requires, - definitions e () "university" means any university in india established by law and having a medical faculty 3 (1) the central goverment shall cause to be constituted a council consisting of the following members, namely:— constitution and compo: sition of the count (b) one member from each university, to be elected from amongst the members of the medical faculty of the university by members of the senate of the university or in case the university has no senate, by members of the court; (c) one member from each state in which a state medical register is maintained, to be elected from amongst themselves by persons enrolled on such register who 'possess the medical qualifications included in the first or the second schedule or in part il of the third schedule; (d) seven members to be elected from amongst themselves by persons enrolled 'onany of the state medical registers who possess the medical qualifications included in part | of the third schedule; (2) the president and viee-president of the council shall be elected by the members of the council from amongst themselves 4 (1) an election under clause (b), clause (c) or clause (cd) of sub-section (1) of section mode of election, 3 shall be conducted by the central government in accordance with such rules as may be 'made by it in this behalf, any rules so made may provide that pending the preparation of the indian medical register in accordance with the provisions of this act, the members referred to in clause (d) of sub-section (/) of section 3 may be nominated by the central government instead of being elected as provided therein, | | ||-------------|------|| restrict | || tion | and || membership | |5 (1)no person shall be eligible for nomination under clause (a) of sub-section (/) of section 3 unless he possesses any of the medical qualifications included in the first and second schedules, resides in the state concemed, and, where a state medical register in 'maintained in that state, is enrolled on that register am © term of office of presidznt, vice-president and members (2) subject tothe provisions of this section, a member shall hold office fora term of five years from the date of his nomination or election or until his successor shall have been duly nominated onelected, whichever is longer, the executive committee10 (2) the executive committee, hereinafter referred to as the committee, shall consist of the president and vice-president, who shall be member ex officio, and not less than seven and not more than ten other members wito shall be elected by the council 'members t i 32(j) the central government may, by notification in the official gazette, make rules to carry out the purposes of this act (2) all rules made under this section shall be inid for not less than thirty days before both houses of parliament as soon as possible after they are made, and shall be subject to such modifications as parliament may make during the session in which they are 60 laid or the session immediately following ° '

Parliament_bills

908c1c43-d47f-543e-9944-537658d4d9fb

the consumer protection bill, 2015———— arrangement of clauses———— chapter i preliminary clauses1 short title, extent, commencement and application 2 definitions 3 act not in derogation of any other law chapter ii consumer protection councils4 central consumer protection council 5 procedure for meetings of central council 6 objects of central council 7 state consumer protection councils 8 objects of state council 9 district consumer protection council10 objects of district council chapter iii central consumer protection authority11 establishment of central consumer protection authority 12 selection committee 13 salary and allowances of commissioner and deputy commissioner 14 procedure of central authority 15 objects of central authority 16 powers and functions of central authority 17 powers of central authority to inquire into unfair trade practices and misleadingadvertisement18 prohibition to sale, distribute, etc, articles of food containing extraneous matter 19 regional offices 20 removal of commissioner and deputy commissioners 21 filing of complaint and its disposal 22 fines to be credited to consumer welfare fund 23 appeal 24 penalty for non-compliance with orders of central authority 25 annual report by central authority chapter iv consumer disputes redressal agencies clauses26 establishment of consumer disputes redressal agencies 27 composition of district commission 28 disqualification of members 29 appointment of members of district commission 30 officers and other employees of district commission 31 jurisdiction of district commission 32 manner in which complaint shall be made 33 procedure on admission of complaint 34 reference to mediation 35 finding of district commission 36 review by district commission 37 appeal against order of district commission 38 composition of state commission 39 officers and employees of state commission 40 jurisdiction of state commission 41 transfer of cases 42 circuit benches 43 procedure applicable to state commission 44 appeal to national commission 45 hearing of appeal 46 review by state commission 47 composition and powers of national commission 48 other officers and employees of national commission 49 jurisdiction of national commission 50 power and procedure applicable to national commission 51 power to set aside ex parte orders52 transfer of cases 53 circuit benches 54 vacancy in office of president of commissions 55 experts to assist national commission or state commission 56 appeal against order of national commission 57 finality of orders 58 limitation period 59 administrative control 60 enforcement of orders of district commission, state commission or nationalcommission61 dismissal of frivolous or vexatious complaints 62 appeal against orders chapter v mediation clauses63 establishment of consumer mediation cell 64 empanelment of mediators 65 preference for nominating mediators from panel 66 duty of mediator to disclose certain facts 67 revocation of appointment 68 revocation from panel of mediators 69 procedure of mediation 70 offer of settlement by parties 71 recording settlement and passing of order chapter vi product liability72 product liability and its effects on other laws 73 liability of manufacturer of product 74 exceptions to product liability action 75 liability of sellers of product chapter vii miscellaneous76 protection of action taken in good faith 77 removal of member of national commission, state commission and districtcommission78 vacancies or defects in appointment not to invalidate orders 79 penalties 80 service of notice, etc 81 directions by central government 82 power of central government to make rules 83 power of state government to make rules 84 power of national commission to make regulations 85 rules and regulations to be laid before each house of parliament 86 power to remove difficulties 87 repeal and savingsbill no 226 of 2015 the consumer protection bill, 2015 a billto provide for adequate protection of the interests of consumers and for prevention of unfair trade practices and for the said purposes to make provisions for establishment of the consumer protection councils and other authorities for better administration and for timely and effective settlement of consumers' disputes and for matters connected therewith be it enacted by parliament in the sixty-sixth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the consumer protection act, 20155(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent, commencement and application(3) it shall come into force on such date as the central government may, by notification, appoint and different dates may be appointed for different states and for different provisions of this act(4) save as otherwise expressly provided by the central government, by notification, this act shall apply to all goods and servicesdefinitions2 in this act, unless the context otherwise requires,—5(1) "advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or other documents;(2) "appropriate laboratory" means a laboratory or organisation—(i) recognised by the central government; (ii) recognised by a state government, subject to such guidelines as may be prescribed by the central government in this behalf; or10(iii) any such laboratory or organisation established by or under any law for the time being in force, which is maintained, financed or aided by the central government or a state government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect; (3) "branch office" means—15(i) any office or place of work described as a branch by the establishment;or(ii) any establishment carrying on either the same or substantially the same activity as that carried on by the head office of the establishment;20(4) ''central authority" means the central consumer protection authority established under section 11;25(5) "claimant", in relation to product liability, means any person or a class of persons, who brings a product liability action, and if such an action is brought through or on behalf of an association, the term includes the claimant's descendant, or if such an action is brought through or on behalf of a minor, the term includes the claimant's parent or legal guardian;(6) "complainant" means—(i) a consumer; or (ii) a claimant; or18 of 201330(iii) any voluntary consumer association registered under the companies act, 2013 or under any other law for the time being in force; or(iv) the central government or any state government; or (v) one or more consumers, where there are numerous consumers having the same interest; or35(vi) in case of death of a consumer, his legal heir or representative who or which makes a complaint; or(vii) in case of a consumer who is a minor, his parent or legal guardian; or (viii) a person who has made a complaint against a person who has publicised a misleading advertisement;40(7) "complaint" means any allegation in writing made by a complainant that—(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;45(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect;(iv) a trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—(a) fixed by or under any law for the time being in force;5(b) displayed on the goods or any package containing such goods; (c) displayed on the price list exhibited by him by or under any lawfor the time being in force;(d) agreed between the parties;(v) goods, which will be hazardous to life and safety when used, are being offered for sale to the public—10(a) in contravention of any standard relating to safety of such goodsas required to be complied with, by or under any law for the time being in force;15(b) if the trader could have known with due diligence that the goodsso offered are unsafe to the public;(vi) services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;20(vii) he has suffered a loss due to an unfair contract entered into by him,with a view to obtaining any relief provided by or under this act;(8) "consumer" means any person who—25(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or30 35(ii) hires or avails of any services for a consideration which has been paidor promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person (but does not include a person who avails of such services of any commercial purpose)explanation—for the purposes of this clause,—40(a) the expression "commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;(b) the expression "buys any goods" and "hires or avails any services" include the transactions made through any mode, inclusive of but not limited to, offline, online through electronic means, teleshopping or direct selling or multi level marketing;45(9) "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint;(10) "consumer rights" means the consumer rights enumerated under section 6of the act;(11) "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for50the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods and the expression "defective" shall be construed accordingly;(12) "deficiency" means—5(i) any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;10(ii) any act of omission or commission which causes any damage to the consumer on account of negligence or consciously withholding of relevant information by any person to the consumer, and the expression "deficient" shall be construed accordingly;15(13) "design" means the intended or known physical and material characteristics of a product and includes any intended or known formulation or content of the product and the usual result of the intended manufacturing or other process used to produce the product;(14) "district commission" means a district consumer grievance redressal commission established under clause (a) of section 26;21 of 2000(15) "electronic form" shall have the same meaning assigned to it under clause (r)of sub-section (1) of section 2 of the information technology act, 2000;20(16) "electronic intermediary" means any person who provides technologies or process to enable manufacturer, trader and other persons to engage in advertising or selling various goods or services to consumers and includes online marketplaces and online auction sites;2521 of 2000(17) "electronic record" shall have the same meaning as ascribed to it in the information technology act, 2000;(18) "express warranty" means any material statement, affirmation of fact, promise, or description relating to a product, including any sample or model of a product;3 of 19303034 of 2006(19) "goods" means goods as defined in sub-section (7) of section 2 of the sale of goods act, 1930, and includes "food" as defined in clause (j) of sub-section (1) of section 3 of the food safety and standards act, 2006;(20) "harm" means—(i) damage to property other than the product itself; (ii) personal physical injury, illness, or death;35(iii) mental anguish or emotional harm attendant to personal physicalinjuries or illness or damage to property; or(iv) any loss of consortium or services or other loss deriving from any type of harm described in sub-clause (i) or (ii) or (iii) of this clause, but shall not include—(a) harm caused to a product itself;40(b) damage to property under a breach of warranty theory; (c) commercial or economic loss, including direct, incidental or consequential damages;(21) "manufacturer" means a person who—(i) makes or manufactures any goods or parts thereof; or(ii) does not make or manufacture any goods but assembles parts thereofmade or manufactured by others; or5(iii) puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer; or(iv) in the course of business conducted for that purpose, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise is involved in placing a product for commercial purposes; but does not include—10(a) any person who is engaged in a business to design, produce,make, fabricate, construct, or re-manufacture any product (or component part of a product); or15(b) any product seller holding itself out as a manufacturer to theuser of the product; except that any product seller who acts primarily as a wholesaler, distributor, or retailer of products may be a manufacturer with respect to a given product to the extent that such seller designs, produces, makes, fabricates, constructs, or re-manufactures the product before its sale;20 25(22) "mediation" means the process by which a mediator is appointed by the national commission or a state commission or a district commission, as the case may be, mediates the dispute between the parties to the complaint or appeal by the application of the provisions of chapter v of the act, and in particular, by facilitating discussion between parties directly or by communicating with each other through the mediator, by assisting parties in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, generating options in an attempt to solve the dispute and emphasising that it is the parties' own responsibility for making decisions which affect them;(23) "mediator" is a person who is appointed by the district commission or state commission or national commission as a mediator to help the parties to find their own solution to the dispute;30(24) "material fact" means any specific characteristic or quality of the product, but does not include a general opinion about, or praise of, the product or its quality;(25) "member" includes the president and a member of the national commission or a state commission or a district commission, as the case may be;35(26) "national commission" means the national consumer disputes redressal commission established under clause (c) of section 26;(27)"notification" means a notification published in the official gazette; (28) "person" includes—(i) a firm whether registered or not; (ii) a hindu undivided family;40(iii) a co-operative society;21 of 1860(iv) an association of persons whether registered under the societies registration act, 1860 or not;45(v) any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity including any government entity or unincorporated association of persons;(29) "prescribed" means prescribed by rules made by the central government, or as the case may be, by the state government under this act;5(30) "product" means any article or goods or substance or raw material or extended cycle of the product, in a gaseous, liquid, or solid state, possessing intrinsic value which is capable of delivery either as an assembled whole or as a component part and is produced for introduction to trade or commerce; but it does not include human tissue, blood and blood products, or organs;10(31) "product liability" means the responsibility of a manufacturer or vendor of goods or service provider to compensate for injury or damage caused to a consumer by defective product sold to a consumer or deficiency in services;(32) "product seller" means—(a) a manufacturer or vendor of goods or service provider; or15(b) a person who, in the course of business, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise is involved in placing a product in the stream of commerce, but does not include—(i) a seller of real property, unless that person is engaged in the sale of constructed house or in the construction of homes or flats;(ii) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill or services; or20(iii) any person who—(a) acts only in a financial capacity with respect to the sale of the product;(b) is not a manufacturer, wholesaler, distributor or retailer; and25(c) leases a product, without having a reasonable opportunity to inspect and discover defects in the product, under a lease arrangement in which the selection, possession, maintenance and operation of the product are controlled by a person other than the lessor;(33) "recognised agent" means—30(a) a person holding power of attorney, authorising him to make and do such appearances, applications and acts on behalf of any party;(b) a person carrying on trade or business for and in the name of the party not resident within the local limits of the jurisdiction of the district commission or the state commission, where—35(i) the appearance, application or act is made or done, in matters connected with such trade or business only; and(ii) no other agent is authorised to make or do such appearances, applications and acts;(34) "regulations" means the regulations made under this act;40(35) "regulator" means a statutory body or an authority established under any law for the time being in force to regulate any goods or services;(36) "restrictive trade practice" means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and includes—45(a) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price;(b) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as condition precedent to buying, hiring or availing of other goods or services;5(37) "service" means service of any description which is made available to potential users and includes but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;10(38) "spurious goods and services" means such goods and services which are claimed to be genuine but they are actually not so;(39) "state commission" means a state consumer disputes redressal commission established in a state under clause (b) of section 26;15(40) "trader", in relation to any goods, means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof;(41) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:—20(a) the practice of making any statement, whether orally or in writing or by visible representation including by way of electronic record which—(a) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;25(b) falsely represents that the services are of a particular standard, quality or grade;(c) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods;30(d) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;(e) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;(f) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;35(g) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof:40provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence;(h) makes to the public a representation in a form that purports to be—45a warranty or guarantee of a product or of any goods or services; or a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out;510(i) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made; (j) gives false or misleading facts disparaging the goods, services or trade of another personexplanation—for the purposes of clause (a), a statement that is—15(a) expressed on an article offered or displayed for sale, or on its wrapper or container; or(b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or20(c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained;25(b) permits the publication of any advertisement whether in any newspaper or otherwise including by way of electronic record, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisementexplanation—for the purpose of clause (b), "bargaining price" means—30(a) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise; or35(b) a price that a person who reads, hears or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold; (c) permits—40(a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged, in the transaction as a whole;(b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest;45(c) withholding from the participants of any scheme offering gifts, prices or other items free of charge on its closure the information about final results of the scheme explanation— for the purpose of sub-clause (c), the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time published, prominently in the same newspaper in which the scheme was originally advertised;5(d) permits the sale or supply of goods intended to be used, or are of akind likely to be used by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods;10(e) permits the hoarding or destruction of goods, or refuses to sell thegoods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services;(f) manufacture of spurious goods or offering such goods for sale oradopting deceptive practices in the provision of services;15(g) fails to issue bill or cash memo or receipt for the goods sold or servicerendered or such bill or cash memo or receipt is issued without mentioning the name of the purchaser;20(h) after selling such goods and rendering of such services, refuses totake back or withdraw the goods or withdraw or discontinue the service and refuses to refund the consideration thereof, if paid, within a period of thirty days after the receipt of goods or availing of services if it is so stipulated and requested by the consumer;25(i) discloses to any other person any personal information given inconfidence by the consumer provided that disclosure of personal information under provisions of any law in force or in public interest shall not be construed as an unfair trade practice;(42) "unfair contract" means a contract between a manufacturer or trader or service provider and a consumer which contains anyone or more of the following terms, namely:—30(i) requires manifestly excessive security deposits to be given by a partyto the contract for the performance of contractual obligations; or(ii) impose any penalty on a party to the contract for the breach thereofwhich is wholly disproportionate to the loss occurred due to such breach to the other party to the contract; or35(iii) refuses to accept early repayment of debts on payment of applicablepenalty;(iv) entitles a party to the contract to terminate without reasonable causethe contract unilaterally;40(v) prohibiting contract relating to terms permitting or having the effect ofpermitting one party to assign the contract to the detriment of the other party without that other party's consent;(vi) imposes on the consumer any unreasonable charge, obligation orconditions which puts the consumer at disadvantages;45(43) "unsafe goods, services and practices" means goods, services and practices that cause physical or mental injury or any loss or damage to any property movable or immovable 3 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 forceact not in derogation of any other law chapter ii consumer protection councils4 (1) the central government shall, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the central consumer protection council (hereinafter referred to as the central council)5central consumer protection council(2) the central council shall consist of the following members, namely:—(a) the minister-in-charge of the department of consumer affairs in the central government, who shall be its chairman; and10(b) such number of other official or non-official members representing such interests as may be prescribed 5 (1) the central council shall meet as and when necessary, but at least one meeting of the council shall be held every yearprocedure for meetings of central council(2) the central council shall meet at such time and place as the chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed156 the objects of the central council shall be to promote and protect the rights of the consumers including—objects of central council(a) the right to be protected against the marketing of goods and services which are hazardous to life and property;20(b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices;(c) the right to be assured, wherever possible, access to a variety of goods and services at competitive prices;25(d) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums;(e) the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and(f) the right to consumer education307 (1) every state government shall, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the consumer protection council for such state (hereinafter referred to as the state council)state consumer protection councils(2) the state council shall consist of the following members, namely:—35(a) the minister-in-charge of consumer affairs in the state government who shall be its chairman;(b) such number of other official or non-official members representing such interests as may be prescribed by the state government;(c) such number of other official or non-official members, not exceeding ten, as may be nominated by the central government40(3) the state council shall meet as and when necessary but not less than two meetings shall be held every year(4) the state council shall meet at such time and place as the chairman may think fit and shall observe such procedure in regard to the transaction of its business, as may be prescribed by the state governmentobjects of state council8 the objects of every state council shall be to promote and protect within the state the rights of the consumers laid down in clauses (a) to (f) of section 69 (1) the state government shall establish for every district, by notification, a council to be known as the district consumer protection council with effect from such date as it may specify in such notification5district consumer protection council(2) the district consumer protection council (hereinafter referred to as the district council) shall consist of the following members, namely:—(a) the collector of the district (by whatever name called), who shall be its chairman; and10(b) such number of other official and non-official members representing suchinterests as may be prescribed by the state government(3) the district council shall meet as and when necessary but not less than two meetings shall be held every year15(4) the district council shall meet at such time and place within the district as the chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the state government10 the objects of every district council shall be to promote and protect within the district the rights of the consumers laid down in clauses (a) to (f) of section 6objects of district council chapter iii20 central consumer protection authority11 (1) the central government shall, by notification, establish with effect from such date as it may specify in the notification, a central authority to be known as the central consumer protection authority to promote, protect and enforce the rights of consumersestablishment of central consumer protection authority25(2) the central authority shall be headed by a commissioner who shall be an officer ofthe level of secretary to the government of india and five deputy commissioners to assist him in the functioning of the central authority(3) the commissioner shall be appointed by the central government from amongst persons not below the age of forty-five years—30(i) who are holding or have held a post equivalent to the post of secretary to thegovernment of india, in the central government, or in any state government or in any central or state public sector undertaking or autonomous bodies or universities; or35(ii) persons of eminence in public or social life, who shall be persons of ability,integrity and standing having special knowledge of and such professional experience of not less than fifteen years in the areas related to the consumers' rights and welfare, consumers' policy, law, economics, business, commerce or industry(4) the deputy commissioners shall be appointed from amongst the persons who are not below the age of forty years—40(i) who are holding or have held a post equivalent to the post of joint secretaryto the government of india, in the central government or in any state government or in any central or state public sector undertaking, autonomous bodies or universities; or(ii) persons of eminence in public life with specialisation or having adequate and expert knowledge with minimum experience of ten years in the areas of consumers rights and welfare, consumer policy, law, medicine, food safety, health, engineering, product safety, commerce, economics, public affairs or administration (5) the deputy commissioner shall head anyone of the following five bureaus in which he has experience and expert knowledge in,—(a) safety in goods and services;5(b) quality assurance and standards; (c) prevention of consumer detriment and unfair terms in consumer contracts;(d) prevention of unfair trade practices, including misleading advertisements;and10(e) enforcement of consumer protection laws(6) the office of the central authority shall be located in delhi (7) the central authority may appoint such number of officers, experts and professionals, for the efficient performance of its functions, as may be prescribed by the central government15(8) the commissioner shall have the powers of general superintendence, direction and control in respect of all administrative matters of the central authorityselection committee12 (1) the commissioner and the five deputy commissioners shall be appointed by the central government on the recommendation of a selection committee and shall hold office for a period of five years or up to the age of sixty-five years, whichever is earlier20(2) the selection committee shall consist of the following members, namely:—(a) secretary of the department of consumer affairs in the government of india— ex officio;(b) secretary, ministry of law and justice, department of legal affairs in the government of india - ex officio;25(c) secretary, ministry of home affairs, government of india - ex officio 13 the salary, allowances and other terms and conditions of, service of commissioner and deputy commissioners shall be such, as may be prescribedsalary and allowances of commissioner and deputy commissioner14 the central authority shall meet at such time and observe such rules of procedure in regard to transaction of business at its meeting as it may specifyprocedure of central authority15 the objects of the central authority shall be—30objects of central authority(i) to protect and enforce the rights of consumers including the right to be protected against the marketing of goods or products and services which are unsafe or hazardous to life and property, the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be;(ii) to prevent unfair trade practices;35(iii) to ensure that no advertisement is made of any goods or services which is misleading or deceiving or contravenes the provisions of this act and rules and regulations made under it; and(iv) to ensure that no person engages himself in unfair trade practices or takes part in the publication of any advertisement which is false or misleading4016 (1) the central authority shall exercise powers and functions assigned to it under the act and, in particular,—powers and functions of central authority5(i) to inquire suo motu or on a complaint or a direction from the government intoviolations of consumer rights enumerated in this act and shall launch prosecution in an appropriate court or district commission or state commission or national commission, as the case may be;(ii) to intervene in any proceeding in any allegation of violation of consumerrights before a court, with the permission of such a court or district commission or state commission or national commission, as the case may be;10(iii) to review factors that inhibit the enjoyment of consumer rights andrecommend appropriate remedial measures;(iv) to review safeguards provided under any law for the time being in force forthe protection of consumers and recommend measures for their effective implementation;15(v) to make recommendations for adoption of international covenants and bestinternational practices on consumer rights for to ensure effective enforcement of consumer rights;(vi) to undertake and promote research in the field of consumer rights; (vii) to spread and promote awareness about the rights of consumers andconsumers' literacy;20(viii) to encourage of non-governmental organisations and other institutionsworking in the field of consumer rights and cooperate and work with consumer protection agencies;25(ix) to conduct investigations, either suo motu or on a complaint or on a referencemade by any consumer disputes redressal agency under chapter iv, into violations of consumers' rights, conduct search and seizure of documents or records or articles and other forms of evidence, summon delinquent manufacturers, advertisers and service providers and to record oral evidence and direct production of documents and records as may be prescribed by the central government;30(x) to pass orders, on the basis of such investigations for recall of goods foundto be unsafe or withdrawal of services found to be unsafe or hazardous and direct, on the basis of its investigations, for discontinuation of practices found to be unfair andprejudicial to consumer interest and order reimbursement of the price of the goods (orservices) so recalled, to purchasers of such goods or services;35(xi) to mandate the use of unique and universal goods identifiers (gtin's) insuch goods, as may be necessary to prevent unfair trade practices and protect consumer interests;(xii) to issue safety notices and alert consumers against unsafe goods or servicesheld to be unsafe;40(xiii) to order withdrawal of advertisements found to be false or misleading anddirect issuance of corrective advertisements, wherever necessary;(xiv) to declare as null and void, terms of contracts found to be unfair to the consumer;45(xv) to impose fine which may extend to fifty thousand rupees and while imposing fine, the following factors shall be taken into account by the central authority in determining the amount of fine:(a) the impact of the violation with respect to population and area affected;(b) the frequency and duration of the violation;(c) the vulnerability of the class of persons likely to be adversely affected by the violation; and50(d) the gross revenue from sales effected by the conduct(xvi) to take cognizance of misleading advertisements; (xvii) to enforce its orders against conduct of the industry, manufacturers or traders or service provider for exploiting consumers' interests;(xviii) to advise ministries and departments on consumer welfare measures;5(xix) to frame regulations and guidelines to prevent unfair trade practices and to protect consumer's interest10(2) the central authority may, either suo motu or on a complaint made or a direction given by the government, after investigation into such violations of consumer rights or any unfair trade practice, or any advertisement prejudicial to the public interest, or to the interest of any consumer or consumers in general or any advertisement in contravention of the rights of the consumers, enumerated in this act, shall forward the matter to the concerned regulator, if any, with its recommendations:provided that the concerned regulator may take cognizance of the matter referred to it and pass necessary directions as it deems fit15 2017 (1) the central authority may inquire into unfair trade practices and any false or misleading advertisement which may come before it for inquiry or upon its own information or knowledge and, if after such inquiry, it is of opinion that any trade practice is unfair or the advertisement is prejudicial to the public interest, or to the interest of any consumer or consumers in general or the advertisement is in contravention of the rights of the consumers, it may, by order direct that—powers of central authority to inquire into unfair trade practices and misleading advertisement(a) the trade practice or the advertisement shall be discontinued or shall not be repeated; or25(b) the trade practice or the advertisement shall stand modified in such manner and within such time as may be specified in the order, to ensure that the trade practice or the advertisement is no longer prejudicial to the public interest or to the interest of any consumer or consumers in general (2) whoever publishes, or is a party to the publication of an advertisement, which—(a) falsely describes any food; or30(b) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees(3) in any proceeding, the fact that a label or advertisement relating to any article of food in respect of which the contravention is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the central authority from finding that the contravention was committed3518 (1) no person shall manufacture for sale or store or sell or distribute or import any article of food for human consumption containing extraneous matter35prohibition to sale, distribute, etc, articles of food containing extraneous matter(2) the central authority shall have power to impose penalty which may extend to one lakh rupees on any person, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption containing extraneous matterregional offices19 (1) the central authority may have such number of regional offices at such places, as may be notified by the central government, from time to time(2) each regional office shall be headed by an officer of the level of deputy commissioner40(3) the deputy commissioner of a regional office shall be competent to exercise the powers of the central authority in the states falling within that region including filing of consumer suits in the district consumer grievance redressal commission and state consumer disputes redressal commission within the jurisdiction of regional office headed by him5(4) at district level the powers of the central authority shall be exercised by thedistrict collector concerned who can suo motu or otherwise investigate into a matter forprotection as well as enforcement of the rights of the consumers and each district collector shall submit a monthly report of action taken to the deputy commissioner of the region concerned1020 (1) the central government may remove the commissioner and any deputy commissioner, who—removal of commissioner and deputy commissioners(a) has been adjudged as an insolvent; or(b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or15(c) has become physically or mentally incapable of acting as the commissioner or deputy commissioner; or(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the commissioner or a deputy commissioner; or(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or20(f) remains absent in three consecutive sittings except for reasons beyond his control25(2) notwithstanding anything contained in sub-section (1) the commissioner and any deputy commissioner shall not be removed from his office except by an order made by the central government on the grounds specified in clauses (d), (e) and (f) of that sub-section and after an inquiry held by a committee comprising of president, national consumer disputes redressal commission and the additional secretary, consumer affairs in such manner as may be prescribed30filing ofcomplaint and its disposal21 (1) a consumer may file his complaint in writing or through electronic mode, as the case may be, either to the district collector concerned, or to the deputy commissioner in the regional office concerned or to the central authority with an undertaking that he/she/it has made complaint to only one of the aforesaid offices(2) in the central authority, the deputy commissioner concerned with the subject matter of the complaint shall look into the complaint and take appropriate action in accordance with the powers conferred on the central authority under this act35(3) a complaint filed by a consumer shall be registered by the office of the district collector or the regional office or central authority, in such manner as may be prescribed40(4) the complaint received under sub-section (1) shall be disposed of by theconcerned authority within thirty days of receipt of such complaint but if any complaint cannot be disposed within such period for factors beyond the control of that authority concerned, such authority must seek extension of time with adequate convincing justifications before expiry of such period in which case the competent authority shall not extend time for disposal of the complaint for more than thirty days45(5) the competent authority to grant extension of time for disposal of complaint is thedeputy commissioner at the regional office in case of district collector and the central authority in case of a request by a deputy commissioner at the regional office or head office22 (1) the amount of fine collected under this act by the central authority at the head office or the regional offices shall be credited to the consumer welfare fund of the central governmentfines to be credited to consumer welfare fund(2) the amount of fine collected by the district collector shall be credited to the consumer welfare fund of the state government concerned5appeal23 (1) appeal against the decision of the district collector shall lie to the deputycommissioner at the regional office concerned(2) appeal against the decision of the deputy commissioner of any regional office shall lie to the commissioner of the central authority1024 (1) the central authority may cause an inquiry to be made into non-compliance of its orders or directions made in exercise of its powers under the actpenalty for noncompliance with orders of central authority15(2) if any person, without reasonable cause, fails to comply with any order or directions of the central authority, he shall be punishable with a fine of not less than twenty-five thousand rupees which may extend to one lakh rupees for each day during which such noncompliance occurs, subject to a maximum of ten lakh rupees(3) if any person does not comply with the orders or directions issued, or fails to pay the fine imposed under sub-section (2), he shall, without prejudice to any legal proceeding, be punishable with imprisonment which may extend to six months or with a fine which may extend to twenty lakhs rupees or with both:15provided that the competent court shall not take cognizance of any offence under this section save on a complaint filed by the central authority or any of its officers authorised by it25 the central authority shall submit an annual report on its functioning and performance and such other reports and returns as may be directed to be submitted, to the central government20annual report by central authority chapter iv consumer disputes redressal agencies26 there shall be established for the purposes of this act, the following agencies, namely:—25establishment of consumer disputes redressal agencies(a) a district consumer grievance redressal commission to be known as the"district commission" established by the state government in each district of the state by notification:provided that the state government may, if it deems fit, establish more than one district commission in a district:30provided further that in a district where no district commission has been established or if established, there exists at any time vacancy in the office of the president or a member, in such case, the state government may, by notification, direct that—35(i) a district commission, as specified in the notification, shall exercise the jurisdiction in respect of such district or districts as may be specified in the notification; or40(ii) the president or a member of a district commission, as the case may be, shall exercise the power or discharge the functions of the president or the member, as the case may be, of any other district commission as may be specified in the notification(b) a state consumer disputes redressal commission to be known as the "state commission" established by the state government in the state by notification; and(c) a national consumer disputes redressal commission to be known as the"national commission" established by the central government by notification527 each district commission shall consist of—composition of district commission(a) a person who is, or has been, or is qualified to be a district judge or an officer not below the rank of a district magistrate in the state or equivalent, who shall be its president;(b) not less than two and not more than such number of members, as may be prescribed, at least one of whom shall be a woman, who shall—10(i) be not less than thirty-five years of age; (ii) possess a bachelor's degree from a recognised university; and15(iii) be a person of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, consumer affairs or administrationdisqualification of members28 a person shall be disqualified for appointment as a member of the district commission if he—20(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the state government, involves moral turpitude; or(b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government; or25(e) has, in the opinion of the state government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member3029 (1) the president and members of the district commission shall be appointed by the state government on the recommendation of the state public service commission in such manner as may be prescribedappointment of members of district commission(2) every member of the district commission shall hold office for a term of five years or up to the age of sixty-five years, whichever is earlier:35provided that a member shall be eligible for reappointment for another term of five years or up to the age of sixty-five years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) of section 27 and such reappointment is also made on the basis of the recommendation of the state public service commission:provided further that a person appointed as a president of the district commission shall also be eligible for reappointment:40provided also that a member may resign his office in writing under his hand addressedto the state government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) of section 2745(3) the salary and allowances payable to, and other terms and conditions of service of the president and members shall be such as may be prescribed by the state government(4) the president or member of the district commission, on ceasing to hold office as such, shall not appear, act or plead before any district commission in that state in which he had been the president or member, as the case may be530 (1) the state government shall provide the district commission such officers and other employees required to assist the district commission in the discharge of its functionsofficers and other employees of district commission(2) the officers and other employees of the district commission shall discharge their functions under the general superintendence of the president10(3) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the district commission shall be such as may be prescribed by the state governmentjurisdiction of district commission31 (1) subject to the other provisions of this act, the district commission shall havejurisdiction to entertain complaints where the billed value of the goods or services claimed does not exceed rupees fifty lakhs, or up to thrice the limits of such value as may be prescribed15(2) a complaint shall be instituted in a district commission within the local limits of whose jurisdiction,—(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or20(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the district commission is given; or(c ) the cause of action, wholly or in part, arises; or(d) the complainant resides or personally works for gain25(3) the district commission shall ordinarily function in the district headquarters and may perform its functions at such other place in the district, as the state government may, in consultation with the state commission, notify in the official gazette from time to time3032 (1) a complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed, with a district commission by—manner in which complaint shall be made(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided or in respect of which unfair trade practice is alleged;35(b) any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided or in respect of which an unfair trade practice is alleged, is a member of such association or not;40(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the district commission, on behalf of, or for the benefit of, all consumers so interested; or(d) the central government or the state government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general:45provided that the complaint under this sub-section may be filed electronically in such manner as may be prescribed (2) every complaint filed under sub-section (1) shall be accompanied with such amount of fee and payable in such manner, including electronic form, as may be prescribed(3) on receipt of a complaint made under sub-section (1), the district commission may, by order, allow the complaint to be proceeded with or rejected:provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant:5provided further that the admissibility of the complaint shall ordinarily be decidedwithin twenty-one days from the date on which the complaint was filed10(4) where the district commission does not decide the issue of admissibility of the complaint within the period specified in the second proviso to sub-section (3), it shall be deemed to have been admitted except in the case where the complainant has failed to appear before the district commission on the day of hearing for admissibility fixed within twentyone days from the date of filing of the complaint, without any reasonable ground:15provided that if another date of hearing for admissibility is fixed within the next twentyone days from the date of last hearing for admissibility and the complainant fails to appear without any reasonable ground, the admissibility of the complaint shall be decided on merit, or if no date of hearing for admissibility is fixed within twenty one days from the last date of hearing for admissibility, the complaint shall be deemed to have been admitted on the expiry of such twenty-one days:20provided further that in case of complaint filed electronically no physical appearance of the complainant will be necessary for deciding admissibility of the case and unless admissibility of such matter is decided within twenty-one days, the complaint shall be deemed to be admitted after twenty-one days of filing of the complaint(5) where a complaint is allowed to be proceeded with under sub-section (3) or sub-section (4), the district commission may proceed with the complaint in the manner provided under this act:25provided that where a complaint has been admitted by the district commission, it shallnot be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force18 of 2013explanation—for the purposes of this section, "recognised consumer association"means any voluntary consumer association registered under the companies act, 2013 or any other law for the time being in force3033 (1) the district commission shall, on admission of a complaint, if it relates to any goods,—procedure on admission of complaint35(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the district commission;40(b) where the opposite party on receipt of a complaint referred to him underclause (a) denies or disputes the allegations contained in the complaint, or omits orfails to take any action to represent his case within the time given by the district commission, the district commission shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g);4550(c) where the complaint alleges a defect in the goods which cannot be determinedwithout proper analysis or test of the goods, the district commission shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the district commission within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the district commission;(d) before any sample of the goods is referred to any appropriate laboratory under clause (c), the district commission may require the complainant to deposit to the credit of the commission such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question;5 10(e) the district commission shall remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, the district commission shall forward a copy of the report along with such remarks as the district commission may feel appropriate to the opposite party;15(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the district commission shall require the opposite party or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory;(g) the district commission shall give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 3520(2) the district commission shall, if the complaint admitted by it under section 32relates to goods in respect of which the procedure specified in sub-section (1) cannot be followed, or if the complaint relates to any services,—25(a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the district commission;30(b) where the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the district commission, the district commission shall proceed to settle the consumer dispute,—(i) on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint; or35(ii) ex parte on the basis of evidence brought to its notice by the complainant, where the opposite party omits or fails to take any action to represent his case within the time given by the commission; (c) where the complainant fails to appear on the date of hearing before the district commission, the district commission may decide it on merits40(3) an electronic intermediary shall provide such information, documents or records as may be reasonably required in a written order by the district commission for the purpose of the procedures under sub-section (1) and sub-section (2)(4) no proceedings complying with the procedure laid down in sub-sections (1)and (2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with45(5) every complaint shall ordinarily be disposed of by the district commission on the basis of an affidavit and documentary evidence placed on record:provided that hearing or examination of parties shall be granted where sufficient cause is shown and reason is recorded in writing by the district commission(6) every complaint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities:5provided that no adjournment shall be ordinarily granted by the district commissionunless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the commission:provided further that the district commission shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this act:10provided also that in the event of a complaint being disposed of after the period sospecified, the district commission shall record in writing, the reasons for the same at the time of disposing of the said complaint15(7) where during the pendency of any proceeding before the district commission, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case5 of 1908(8) for the purposes of this section, the district commission shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, namely:—20(i) the summoning and enforcing the attendance of any defendant or witnessand examining the witness on oath;(ii) requiring the discovery and production of any document or other materialobject as evidence;(iii) receiving of evidence on affidavits;25(iv) the requisitioning of the report of the concerned analysis or test from theappropriate laboratory or from any other relevant source;(v) issuing of commissions for the examination of any witness, or document; and (vi) any other matter which may be prescribed30(9) any appearance, application or act in or to a district commission, required or authorised by law to be made or done by a party in such commission may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by an advocate appearing, applying or acting, as the case may be, on his behalf:provided that any such appearance shall, if the district commission so directs, be made by the party in person3545 of 18602 of 1974(10) every proceeding before the district commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code and the district commission shall be deemed to be a civil court for the purposes of section 195, and chapter xxvi of the code of criminal procedure, 1973405 of 1908(11) where the complainant is a consumer referred to in sub-clause (iv) ofsub-section (6) of section 2, the provisions of rule 8 of order i of the first schedule to the code of civil procedure, 1908 shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the district commission thereon455 of 1908(12) in the event of death of a complainant who is a consumer or of the opposite partyagainst whom the complaint has been filed, the provisions of order xxii of the first schedule to the code of civil procedure, 1908 shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may bereference to mediation534 (1) the district commission shall, after admission of the complaint, at the first hearing of the complaint or at any stage during the proceedings, if it appears to the commission that there exists element of a settlement, which may be acceptable to the parties, direct the parties to opt for settlement of dispute by mediation specified under chapter v of this act, except in such cases in which the issues of grave threats to life and grave physical or mental injury are involved(2) before directing the parties to exercise option under sub-section (1), the district commission shall give such guidance as it deems fit to the parties, to opt for settlement of dispute by mediation10(3) where all the parties to the complaint opt and agree for mediation, they shall apply to the commission, within five days of the direction given under sub-section (1), the commission shall, within five days of the receipt of the application, refer the matter to be settled by mediation, and the provisions of chapter v of the act shall apply:provided that the district commission, in the exercise of such powers, shall not refer any dispute to mediation without the written consent of all the parties to the complaint15finding of district commission2035 (1) if, after the proceeding conducted under section 32, the district commission issatisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices are proved, it shall issue an order to the opposite party directing him to do one or more of the following things, namely:—(a) to remove the defect pointed out by the appropriate laboratory from thegoods in question;(b) to replace the goods with new goods of similar description which shall befree from any defect;25(c) to return to the complainant the price, or, as the case may be, the charges paidby the complainant along with such interest on such price or charges as may be decided;30(d) to pay such amount as may be awarded by it as compensation to the consumerfor any loss or injury suffered by the consumer due to the negligence of the opposite party:provided that the district commission shall have the power to grant punitive damages in such circumstances as it deems fit;| ( | e | ) to remove the defects in goods or deficiencies in the services in question; ||-----|-----|---------------------------------------------------------------------------------|| ( | f | ) to discontinue the unfair trade practice or not to repeat it; || ( | g | ) not to offer the hazardous or unsafe goods for sale; |35(h) to withdraw the hazardous goods from being offered for sale; (i) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature;40(j) to pay such sum as may be determined by it if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently:provided that the minimum amount of sum so payable shall not be less than twenty-five per cent of the value of such defective goods sold or service provided, as the case may be, to such consumers:45provided further that the amount so obtained shall be credited in favour of such person or persons and utilised in such manner as may be prescribed;(k) to issue corrective advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;(l) to provide for adequate costs to parties; and (m) enforce de-advertising by the party5(2) every proceeding referred to in sub-section (1) shall be conducted by the president of the district commission and at least one member thereof sitting together:10provided that where a president, for any reason, is unable to conduct a proceeding or on leave or otherwise, the state government may, by notification, authorise president of another district commission to act as the president in that district for such period as may be specified:provided further that where a member, for any reason, is unable to conduct a proceeding till it is completed, the president and the other member shall continue the proceeding from the stage at which it was last heard by the previous member15(3) every order made by the district commission under sub-section (1) shall be signed by its president and the member or members who conducted the proceeding:provided that where the proceeding is conducted by the president and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and the opinion of the majority shall be the order of the district commission:20provided further that the other member shall give his opinion on such point or points referred to him within a period of two months from the date of such referencereview by district commission36 any person aggrieved by the order of the district commission, against which no appeal has been preferred, may apply for a review of the order of the district commission within thirty days of such order:25provided that the district commission shall have the power to review its orders only when there is any error apparent on the face of record37 any person aggrieved by an order made by the district commission may prefer an appeal against such order to the state commission on the grounds of facts or law within a period of thirty days from the date of the order, in such form and manner, as may be prescribed:30appeal against order of district commissionprovided that no appeal shall lie from an order passed by the district commission under section 71 on the basis of settlement reached between the parties:35provided further that the state commission may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that there was sufficient cause for not filing it within that period:provided also that no appeal by a person, who is required to pay any amount in terms of an order of the district commission, shall be entertained by the state commission unless the appellant has deposited in the prescribed manner fifty per cent of that amount38 (1) each state commission shall consist of—40composition of state commission(a) a person who is or has been a judge of a high court, appointed by the state government, who shall be its president:provided that no appointment under this clause shall be made except after consultation with the chief justice of the high court;45(b) not less than four, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely:—(i) be not less than forty years of age;(ii) possess a bachelor's degree from a recognised university;5(iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, consumer affairs or administration:provided that a person shall be disqualified for appointment as a member if he—(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the state government, involves moral turpitude; or(b) is an undischarged insolvent; or10(c) is of unsound mind and stands so declared by a competent court; or(d) has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government; or15(e) has, in the opinion of the state government, such financial or other interest, as is likely to affect prejudicially the discharge by him of his functions as a member; or(f) has such other disqualifications as may be prescribed by the state government20(2) the state government shall appoint a member under sub-section (1) on the recommendation of a selection committee consisting of the following members, namely:—(i) a judge of the high court of the state duly nominated by the chief justice of that state—chairman;(ii) secretary of the law department of the state—member;25(iii) secretary in-charge of the department dealing with consumer affairs in the state—member (3) the salary and allowances payable to, and other terms and conditions of service of, the president and members of the state commissions shall be such as may be prescribed by the state government30(4) every member of the state commission shall hold office for a term of five years or up to the age of sixty-seven years, whichever is earlier:35provided that a member shall be eligible for reappointment for another term of five years or up to the age of sixty-seven years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) and such reappointment is made on the basis of the recommendation of the selection committee:provided further that a person appointed as a president of the state commission shall also be eligible for reappointment in the manner provided in clause (a) of sub-section (1) of this section:40provided also that a member may resign his office in writing under his hand addressed to the state government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who is required to be appointed under the provisions of sub-section (2) in place of the person who has resigned45(5) notwithstanding anything contained in sub-section (4), a person appointed as the president or as a member, before the commencement of the consumer protection act, 2015 shall continue to hold such office as president or member, as the case may be, till the completion of his term(6) the president or member of the state commission on ceasing to hold office as such, shall not appear, act or plead before the state commission or any district commission in the state in which he had been the president or member, as the case may be, of the state commission539 (1) the state government shall determine the nature and categories of the officers and other employees required to assist the state commission in the discharge of its functions and provide the commission with such officers and other employees as it may think fitofficers and employees of state commission(2) the officers and other employees of the state commission shall discharge their functions under the general superintendence of the president10(3) the salaries and allowances payable to and the other terms and conditions of service of, the officers and other employees of the state commission shall be such as may be prescribed by the state government40 (1) subject to the other provisions of this act, the state commission shall have jurisdiction—jurisdiction of state commission(a) to entertain—15(i) complaints where the billed value of the goods or services, exceeds rupees fifty lakhs but does not exceed rupees ten crores or up to thrice the limits of the said value as may be prescribed; and20(ii) appeals against the orders of any district commission within the state; and25(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any district commission within the state, where it appears to the state commission that such district commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity (2) a complaint shall be instituted in a state commission within the limits of whose jurisdiction,—30(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case the permission of the state commission is given; or(c) the cause of action, wholly or in part, arises; or35(d) the complainant resides or personally works for gaintransfer of cases4041 on the application of the complainant or of its own motion, the state commission may, at any stage of the proceeding, transfer any complaint pending before the district commission to another district commission within the state if the interest of justice so requirescircuit benches42 the state commission shall ordinarily function in the state capital but may perform its functions at such other place as the state commission may decide from time to time depending on the pendency from one particular district4543 the provisions relating to the disposal of complaints by the district commission under sections 32, 33, 34 and 35 shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the state commissionprocedure applicable to state commissionappeal to national commission44 (1) any person aggrieved by an order made by the state commission in exercise of its powers conferred by sub-clause (i) of clause (a) of sub-section (1) of section 40 may prefer an appeal against such order to the national commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:5provided that the national commission shall not entertain the appeal after the expiry of the said period of thirty days unless it is satisfied that there was sufficient cause for not filing it within that period:provided further that no appeal by a person, who is required to pay any amount in terms of an order of the state commission, shall be entertained by the national commission unless the appellant has deposited in the prescribed manner fifty per cent of that amount10(2) save as otherwise expressly provided under this act or by any other law for the time being in force, an appeal shall lie to the national commission from any order passed in appeal by any state commission, if the national commission is satisfied that the case involves a substantial question of law15(3) an appeal may lie to the national commission under this section from an order passed ex parte by the state commission(4) in an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal20(5) where the national commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question(6) the appeal shall be heard on the question so formulated and the respondent shall, after hearing of the appeal, be allowed to argue that the case does not involve such question:25provided that nothing in this sub-section shall be deemed to take away or abridge the power of the national commission to hear, for reasons to be recorded in writing, the appeal on any other substantial question of law, if it is satisfied that the case involves such question of lawhearing of appeal45 an appeal filed before the state commission or the national commission shall beheard as expeditiously as possible and an endeavour shall be made to finally dispose of the appeal within a period of ninety days from the date of its admission:30provided that no adjournment shall be ordinarily granted by the state commission or the national commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such commission:35provided further that the state commission or the national commission, as the casemay be, shall make such orders as to the costs occasioned by the adjournment, as may be provided in the regulations made under this act:provided also that in the event of an appeal being disposed of after the periodso specified, the state commission or the national commission, as the case may be, shall record in writing the reasons for the same at the time of disposing of the said appeal40review by state commission46 any person aggrieved by the order of the state commission against which noappeal has been preferred, may apply for review of the order of the state commission within thirty days of such order:provided that the state commission shall have the power to review any order made byit, when there is an error apparent on the face of record47 (1) the national commission shall consist of—45composition and powers of national commission(a) a person who is or has been a judge of the supreme court, to be appointedby the central government, who shall be its president:provided that no appointment under this clause shall be made except after consultation with the chief justice of india;5(b) not less than fifteen, and not more than such number of members, as may be prescribed out of which one member shall be a woman and one each shall be from scheduled caste, scheduled tribes, other backward class and minority communities, who shall have the following qualifications, namely:—(i) be not less than forty-five years of age; (ii) possess a bachelor's degree from a recognised university; and1015(iii) be persons of ability, integrity and standing and having adequate knowledge and experience of at least twenty years in dealing with problems relating to economics, law or, commerce or accountancy or industry or consumer affairs or administration or has held the post of not less than secretary or of equivalent in the central government or state government or persons having judicial experience for at least a period of ten years as a presiding officer at the district court or at any tribunal at equivalent level: provided that a person shall be disqualified for appointment as member of national commission or for continuation as such if he—(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the central government, involves moral turpitude; or20(b) is an undischarged insolvent; or(c) is of unsound mind and stands so declared by a competent court; or(d) has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government; or25(e) has in the opinion of the central government such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member; or(f) has so abused his position as to render his continuance in office prejudicial to public interest:30provided further that every appointment under this clause shall be made by the central government on the recommendation of a selection committee consisting of the following, namely:—(a) a person who is a judge of the supreme court, to be nominated by thechief justice of india—chairman;35(b) the secretary in the department of legal affairs in the government ofindia—member;(c) the secretary of the department dealing with consumer affairs in thegovernment of india—member(2) the salary and allowances payable to, and other terms and conditions of service of the members of the national commission shall be such as may be prescribed by the central government:40provided that a person appointed as president or as a member before the commencement the consumer protection act, 2015 shall continue to hold such office as the president or member, as the case may be, till the completion of his term(3) every member of the national commission shall hold office for a term of five years or up to the age of seventy years, whichever is earlier:45provided that a member shall be eligible for reappointment for another term of five years or up to the age of seventy years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) and such reappointment is made on the basis of the recommendation of the selection committee:5provided further that a person appointed as a president of the national commission shall also be eligible for reappointment in the manner provided in clause (a) of sub-section (1) :10provided also that a member may resign his office in writing under his hand addressed to the central government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who is required to be appointed under the provisions of sub-section (1) in place of the person who has resigned15(4) a member of the national commission, on ceasing to hold office as such, shall not appear, act or plead before the national commission or any state commission or district commission48 (1) the central government, in consultation with the president of the national commission shall provide such number of officers and other employees to assist the national commission in discharge of its functions as it may think fitother officers and employees of national commission2045 of 1860(2) the officers and other employees of the national commission shall discharge their functions under the general superintendence of the president, national commission and shall be deemed to be public servant within the meaning of section 21 of the indian penal code25(3) the salaries and allowances payable to, and the other terms and conditions of the service of, the officers and other employees of the national commission shall be such as may be prescribed by the central government49 (1) subject to the other provisions of this act, the national commission shall have jurisdiction—jurisdiction of national commission30(a) to entertain—(i) complaints where the billed value of the goods or services claimed exceeds rupees ten crore or up to thrice the limits of the said value as may be prescribed; and35(ii) appeals against the orders of any state commission; and(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any state commission where it appears to the national commission that such state commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity40(2) the jurisdiction, powers and central authority of the national commission may be exercised by benches thereof—(i) a bench may be constituted by the president with one or more members as the president deems fit:45provided that the senior most member of the bench shall preside over the bench(ii) if the members of a bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the president who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more or the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it:provided that the president or the members, as the case may be, shall give his or their opinion on the point or points referred to him or them within a period of two months from the date of such reference550 (1) the provisions relating to the disposal of complaints by the district commission under sections 32, 33, 34 and 35 shall, with such modifications as may be considered necessary by the commission, be applicable to the disposal of disputes by the national commissionpower and procedure applicable to national commission10(2) without prejudice to the provisions contained in sub-section (1), the national commission shall have the power to review any order made by it, when there is an error apparent on the face of recordpower to set aside ex parte orders51 where an order is passed by the national commission ex parte against the opposite party or a complainant, as the case may be, the aggrieved party may apply to the commission to set aside the said order in the interest of justicetransfer of cases1552 on the application of the complainant or of its own motion, the national commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the district commission of one state to a district commission of another state or before one state commission to another state commissioncircuit benches2053 the national commission shall ordinarily function at new delhi and perform its functions at such other place as the president of national commission, may decide from time to timevacancy in office of president of commissions54 when the office of president of a district commission, state commission, or of the national commission, as the case may be, is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior most member of the district commission, the state commission, or of the national commission, as the case may be2555 where the national commission or the state commission, as the case may be, on application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organisation or expert to assist the national commission or the state commission, as the case may beexperts to assist national commission or state commission30appeal against order of national commission56 any person, aggrieved by an order made by the national commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 49, may prefer an appeal against such order of the national commission to the supreme court within a period of thirty days from the date of the order:35provided that the supreme court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period:40provided further that no appeal by a person who is required to pay any amount in terms of an order of the national commission shall be entertained by the supreme court unless that person has deposited in the prescribed manner fifty per cent of that amount with the supreme courtfinality of orders57 every order of a district commission or the state commission or the national commission, if no appeal has been preferred to the state commission or the national commission or supreme court, against any order under the provisions of this act, shall be final45limitation period58 (1) the district commission, the state commission or the national commissionshall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen(2) notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the district commission, the state commission or the national commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:5provided that no such complaint shall be entertained unless the national commission, the state commission or the district commission, as the case may be, records its reasons for condoning such delayadministrative control1059 (1) the national commission shall have the central authority to lay down such adequate standards as the president may like to in consultation with the central government from time to time to make the provisions for better protection of the interests of consumers and for that purpose shall have administrative control over all the state commissions in the following matters, namely:—| ( | a | ) monitoring performance of the state commission in terms of their disposal by ||-------------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| calling for periodical returns regarding the institution, disposal and pendency of cases; | | || 15 | | || ( | b | ) investigating into any allegations against the president and members of a || state commission and submitting inquiry report to the state government concerned | | || along with copy endorsed to the central government for necessary action; | | || 20 | | || ( | c | ) issuance of instructions regarding adoption of uniform procedure in the || hearing of matters, prior service of copies of documents produced by one party to the | | || opposite parties, furnishing of english translation of judgments written in any language, | | || speedy grant of copies of documents; | | || 25 | | |(d) overseeing the functioning of the state commission or the district commission either by way of inspection or by any other means the president may like to order from time to time to ensure that the objects and purposes of the act are best served and the standards set by the president are implemented without interfering with their quasi judicial freedom (2) there shall be a monitoring cell to be constituted by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view30(3) the state commission shall have administrative control over all the district commissions within its jurisdiction in all matters referred to in sub-sections (1) and (2)35(4) notwithstanding anything contained in any of the provisions of this act, the central government may, by notification, lay down such standards of performance of various functionaries of the national commission, state commission and district commission including the president and the members of the consumer commission and on other matters concerning the consumer commission as may be considered necessary and supervise their functions with a view to furthering the interest of the consumers, to protect their rights and to secure them speedy, in expensive and simple dispensation of justice in consumer commission(5) the national commission and the state commission shall furnish to the central government periodically or as and when required, any information including the pendency of cases in such form as may be prescribed(6) the state commission shall furnish, periodically or as and when required to the state government any information including pendency of cases in such form as may be prescribed by the state government60 (1) every order made by a district commission, state commission or the national commission shall be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the district commission, the state commission or the national commission to send, in case of its inability to execute such order, to the court within the local limit of whose jurisdiction,—5enforcement of orders of district commission, state commission or national commission(a) in the case of an order against a company, the registered office of the company is situated; or(b) in the case of an order against any other person, place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated,10to pass necessary direction to the law authorities to execute the order15(2) where any order made by the district commission, state commission or the national commission, as the case may be, is not complied with, such person not complying with the order shall be required to pay not less than five hundred rupees or one-half per cent of the value of the amount awarded, whichever is higher, for each day of delay of such noncompliance of the order till it is paid, in addition to the payment of the awarded amount(3) without prejudice to the provisions contained in sub-sections (1) and (2), where any order made under this act is not complied with the district commissions or the state commission or the national commission, as the case may be, may order the property of the person, not complying with such order to be attached20 25(4) no attachment made under sub-section (3) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the district commission or the state commission or the national commission may award such damages, as it thinks fit, to the complainant and shall pay the balance, if any, to the party entitled thereto30(5) where any amount is due from any person under any order made by a district commission, state commission or the national commission, as the case may be, the person entitled to the amount may make an application to the district commission, the state commission or the national commission, as the case may be, and such district commission or the state commission or the national commission may issue a certificate for the said amount to the collector of the district (by whatever name called) and the collector shall proceed to recover the amount in the same manner as arrears of land revenue35dismissal of frivolous or vexatious complaints61 where a complaint instituted before the district commission, the state commission or the national commission as the case may be, is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complainant shall pay to the opposite party such cost, not exceeding fifty thousand rupees, as may be specified in the order2 of 197462 (1) notwithstanding anything contained in the code of criminal procedure, 1973,an appeal shall lie both on facts and on law from—appeal against orders(a) the order made by the district commission to the state commission;40(b) the order made by the state commission to the national commission; and (c) the order made by the national commission to the supreme court(2) no appeal shall lie to any court from any order of a district commission or a state commission or the national commission except under sub-section (1)45(3) every appeal under this section shall be preferred within a period of thirty days from the date of an order of a district commission or a state commission or, as the case may be, the national commission:provided that the state commission or the national commission or the supreme court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if, it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days 5 chapter v mediation 63 (1) the state government shall, establish for the purposes of this act, by notification a district consumer mediation cell attached to the district commission in each district of the state and a consumer mediation cell attached to the state commissionestablishment of consumer mediation cell10(2) the central government shall, establish for the purposes of this act, by notification a national consumer mediation cell attached to the national commission(3) a consumer mediation cell shall consist of such persons as may be prescribed by the central government or the state government, as the case may be(4) every mediation cell shall—15(a) maintain the list of empanelled trained mediators; (b) maintain data on a daily basis and submit report on a monthly basis to the state government or the central government, as the case may beempanelment of mediators2064 (1) the national commission shall, for the purpose of appointing the mediator between the parties in complaint or proceedings, prepare a panel of the mediators and put the same on the notice board and website of the national commission(2) every appointment under sub-section (1) shall be made by the national commission on the recommendation of a selection committee consisting of the president and two members of the national commission25(3) the state commission shall, for the purpose of appointing the mediator to mediate between the parties in the complaint or proceedings prepare a panel of the mediators and put the same on the notice board and website of the state commission(4) every appointment under sub-section (3) shall be made by the state commission, on the recommendation of a selection committee consisting of the president and two members of the state commission30(5) the district commission shall, for the purpose of appointing the mediator to mediate between the parties in the complaints prepare a panel of the mediators and put the same on the notice board and website of the district commission35(6) every appointment under sub-section (5) shall be made by the district commission, on the recommendation of a selection committee consisting of the president and two members of the district commission(7) the consent of the persons whose names are included in the panel shall be obtained before empanelling them(8) the panel of mediators appointed under sub-sections (1), (3) and (5) shall be for a period of five years from the date of empanelment or up to the age of 70 years:40provided that empanelled mediator shall be eligible for further extension for another term of five years or up to the age of 70 years of age, whichever is earlier, subject to the condition that he fulfils the other conditions for appointment mentioned in the chapter and such reappointment is also made on the basis of the recommendation of the selection committeepreference for nominating mediators from panel565 the district commission or the state commission or the national commission shall, while nominating any person from the panel of mediators referred to in section 64 consider his suitability for resolving the consumer dispute(s) involved and shall give preference to those who have proven record of successful mediation or who have special qualification or experience in the mediation66 (1) when a person is approached in connection with his possible empanelment as a mediator, he shall disclose in writing to the parties, any circumstances likely to give rise to a justifiable doubt as to his independence or impartialityduty of mediator to disclose certain facts10(2) every mediator shall, from the time of his appointment and throughout the continuance of the mediation proceedings, without delay, disclose to the parties in writing, about the existence of any of the circumstances referred to in sub-section (1)revocation of appointment1567 upon information furnished by the mediator under section 66 or upon any other information received from the parties or other persons, if the district commission or state commission or national commission, in which the complaint or proceeding is filed, is satisfied, after conducting such inquiry as it deems fit, and after giving a hearing to the mediator, that the said information has raised a justifiable doubt as to the mediator's independence or impartiality, it shall cancel the appointment by a reasoned order and replace him by another mediator20revocation from panel of mediators68 (1) a person whose name is placed in the panel referred to in section 64 may be removed or his name may be deleted from the said panel, by the consumer disputes redressal commission concerned, if,—(a) he resigns or withdraws his name from the panel for any reason; (b) he is declared insolvent by any court or is declared to be of unsound mind;25(c) he exhibits or displays conduct, during the continuance of the mediation proceedings, which is unbecoming of a mediator;(d) the consumer disputes redressal commission concerned which empanelled, upon receipt of information, if it is satisfied, after conducting such inquiry as it deems fit, and is of the view, that it is not possible or desirable to continue the name of that person in the panel:30provided that, before removing his name, under clauses (c) and (d) the district commission, state commission or national commission shall hear the mediator whose name is proposed to be removed or deleted from the panel and shall pass a reasoned order(2) the mediator shall follow such procedure as may be prescribed355 of 1908 1 of 1872(3) the mediator shall not be bound by the code of civil procedure, 1908 or the evidence act, 1872, but shall be guided by principles of natural justice, having regard to the rights and obligations of the parties, usages of trade, if any, and the circumstances of the disputeprocedure of mediation4069 (1) where an agreement is reached between the parties in regard to all the issues in the complaint or proceedings or some of the issues, the same shall be reduced to writing and signed by the parties or their agent(2) the agreement of the parties so signed and attested shall be submitted to the mediator who shall, with a covering letter signed by him, forward the same to the concerned consumer disputes redressal commission in which the complaint or proceeding is pending45(3) where no agreement is arrived at between the parties, before the time limit specified for it or where, the mediator is of the view that no settlement is possible, he shall report the same to the concerned consumer disputes redressal commission, in writing(4) the terms of settlement and the contents of the settlement agreement shall be kept confidential by all parties to the settlement70 (1) any party to the suit may, "without prejudice", offer a settlement to the other party at any stage of the proceedings, with notice to the mediatoroffer of settlement by parties(2) any party to the suit may make a, "with prejudice" offer, to the other party at any stage of the proceedings, with notice to the mediator571 within seven days of the receipt of any settlement, the district commission, state commission or national commission shall pass an order recording that a settlement has been reached between the parties and dispose of the matter:recording settlement and passing of order10provided that if the settlement disposes of only certain issues arising in the complaint or proceeding, the district commission or the state commission or the national commission shall record the settlement on the date fixed and shall include the terms of the said settlement in the order, while deciding the other issues chapter vi product liability15product liability and its effects on other laws72 (1) where any personal injury, death, or property damage is caused to the consumer resulting from defects in the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labelling of any product, the manufacturer or producer of such product shall be liable for the product in product liability action:20provided that in any product liability action, personal injury shall not include mental anguish or emotional harm in the absence of proof of related and contemporaneous personal physical injury, illness, or death73 (1) a manufacturer shall be liable in any product liability action, to a claimant if the claimant establishes all of the following by a preponderance of the evidence:—liability of manufacturer of product25(a) the product contains a manufacturing defect or there is a deviation from manufacturing specifications;(b) the product is defective in design; (c) the product failed to contain adequate instructions of correct use to avoid danger or warnings of the improper/incorrect use;30(d) the product did not conform to an express warranty with respect to the product made by the manufacturer or product seller;(e) the defendant was the manufacturer of the actual product that was the cause of harm for which the claimant seeks to recover compensatory damages; and(f) the dangerous aspect of the product was the proximate cause of the harm suffered by the claimant35(2) the claimant shall prove by a preponderance of the evidence that, at the time the product left the manufacturer's control, the manufacturer knew or, in light of then existing scientific and technical knowledge, reasonably should have known of the danger that caused the claimant's harm40(3) a manufacturer shall not be liable for failure to instruct or warn about a danger that is known or open and obvious to the user or consumer of the product, or should have been known or open and obvious to the user or consumer of the product, taking into account the characteristics of, and the ordinary knowledge common to, the persons who ordinarily use or consume the product45(4) a manufacturer may be subject to liability under this section although it did not engage in negligent or fraudulent conduct in making the express warranty74 (1) a product liability action may not be commenced or maintained against the seller of a product if, at the time of the injury, death, or property damage occurred, the product was misused, altered, or modifiedexceptions to product liability action(2) in any product liability action based on the failure to provide adequate warnings or instructions, the manufacturer shall not be liable, if—5(a) the product was used in a workplace, and the manufacturer provided warnings or instructions to the employer of the claimant, because there was no practical and feasible means of transmitting them directly to the claimant;10(b) the product was sold as a component or material to be incorporated into another product, and the manufacturer provided warnings or instructions to the manufacturer's immediate buyer, and the claimant was exposed to the component or material after it was incorporated or converted into another product;15(c) the product was one that may legally be used or dispensed only by or under the supervision of a class of experts and the manufacturer employed means reasonably calculated to make warnings or instructions available to the using or supervising expert; or(d) the claimant was under the influence of intoxicating alcohol or any non-over the counter drug which has not been prescribed by a physician for use by the claimant 75 (1) no product liability action may be asserted against a product seller other than the manufacturer, unless—20liability of sellers of product(i) the product seller exercised substantial control over the aspect of the design, testing, manufacture, packaging, or labelling of the product that caused the alleged harm for which recovery of damages is sought;25(ii) the product seller altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought;30(iii) the product seller made an express warranty as to such product independent of any express warranty made by a manufacturer as to such product, such product failed to conform to the product seller's warranty, and the failure of such product to conform to the warranty caused the harm complained of by the claimant;(iv) the claimant is unable, despite a good faith exercise of due diligence, to identify the manufacturer of the product;(v) the manufacturer is not subject to service of process under the laws of the state; or35(vi) the court determines that the claimant would be unable to enforce a judgment against the manufacturer: provided that in such cases as specified in clauses (i) to (vi) the claims shall be asserted only against the product seller other than a manufacturer(2) a product seller other than a manufacturer is liable to a claimant on the basis of negligence if the claimant establishes that—40(i) the product seller sold the product involved in such action; (ii) the product seller did not exercise reasonable care in assembling, inspecting,or maintaining such product; or in passing on warnings or instructions from such product's manufacturer about the dangers and proper use of such product; and45(iii) such failure to exercise reasonable care was a proximate cause of the harmcomplained of by the claimant chapter vii miscellaneousprotection of action taken in good faith576 no suit, prosecution or other legal proceedings shall lie against the members of thedistrict commission, the state commission or the national commission or any officer or person acting under the direction of the district commission, the state commission or the national commission for executing any order made by it or in respect of anything which is in good faith done or intended to be done by such member, officer or person under this act or under any rule or order made thereunder77 (1) no member of national commission, state commission or district commissionshall be removed from office except in accordance with the provisions of this section10(2) the central government, in the case of a member of the national commission, andthe state government, in the case of a member of the state commission and district commission, may by order remove from office any member, if he—removal of member of national commission, state commission and district commission(a) has been adjudged an insolvent;15(b) has been convicted of an offence which, in the opinion of the appropriategovernment, involves moral turpitude;(c) has become physically or mentally incapable of acting as a member;(d) has acquired such financial or other interest as is likely to affect prejudiciallyhis functions as a member;20(e ) has so abused his position as to render his continuance in office prejudicialto the public interest;(f) has been guilt of proved misbehaviour:25provided that no member shall be removed from his office except by an order made bythe central government or the state government, as the case may be, on the grounds specified in clauses (d), (e) and (f) and after an inquiry held by a sitting judge of the supremecourt or the high court of the state, as the case may be78 no act or proceeding of the district commission, the state commission or thenational commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereofvacancies or defects in appointment not to invalidate orders penalties30 3579 (1)where a trader or a person against whom a complaint is made or the complainantfails or omits to comply with any order made by the district commission, the state commission or the national commission, as the case may be, such trader or person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees, or with both2 of 1974(2) notwithstanding anything contained in the code of criminal procedure, 1973, the district commission or the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of the first class for the trial of offences under this act, and on conferment of such powers, the district commission or the state commission or the national commission, as the case may be, shall be deemed to be a judicial magistrate of the first class for the purpose of the code of criminal procedure, 1973(3) all offences under this act may be tried summarily by the district commission or the state commission or the national commission, as the case may beservice of notice, etc80 (1) all notices, required by this act to be served, shall be served in the manner hereinafter mentioned in sub-section (2)510(2) the service of notices may be made by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service as are approved by the district commission, the state commission or the national commission, as the case may be, or by any other means of transmission of documents including fax message and for the purpose of service of notices to electronic intermediary, the same shall be served at the address provided by the electronic intermediary on the electronic platform from where it provides services as electronic intermediary and for such purpose the electronic intermediary shall designate a grievance officer to accept and process such notices and provide such information, documents or records as required from it15 20(3) when an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or by the complainant is received by the district commission, the state commission or the national commission, as the case may be, or postal article containing the notice is received back by such district commission, state commission or the national commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-section (2) when tendered or transmitted to him, the district commission or the state commission or the national commission, as the case may be, shall declare that the notice had been duly served on the opposite party or to the complainant:25provided that where the notice was properly addressed, pre-paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or mislaid, or for any other reason, has not been received by the district commission, the state commission or the national commission, as the case may be, within thirty days from the date of issue of notice30(4) all notices required to be served on an opposite party or to complainant shall be deemed to be sufficiently served, if addressed in the case of the opposite party to the place where business or profession is carried and in case of complainant, the place where such person actually and voluntarily residesdirections by central government3581 without prejudice to the foregoing provisions of this act the central authority, national commission, the state commission and the district commission, in exercise of their powers or the performance of their functions under this act, shall be bound by such directions as the central government may issue from time to time in furtherance of consumers' welfare, protection of consumers' rights and ensuring speedy, inexpensive and simple dispensation of justice to the consumers in the consumer commission4082 (1) the central government may, by notification, make rules for carrying out any of the provisions contained in this actpower of central government to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for,—(a) the number of other official and non-official members under clause (b)of sub-section (2) of section 4;45(b) the precedure for the transaction of business under sub-section (2) of section 5; (c) the number of officers, experts and professionals to be appointed undersub-section (7) of section 11;(d) salary, allwances and other terms and conditions of the commissioner and deputy commissioner under section 13;(e) production of documents and records under clause (ix) of sub-section (1) of section 16;(f) the manner of the removal of the commissioner and deputy commissioner under sub-section (2) of section 20;(g) the manner of registering complaint under sub-section (3) of section 21;5(h) the number of members for the district commission under clause (b) of subsection (1) of section 27;(i) the pecuniary jurisdiction of the district commission under sub-section (1)of section 31;10(j) the manner of filing of complaint electronically under the proviso to clause(d) of sub-section (1) and the manner of payment of fee for filing complaint under subsection (2) of section 32;(k) the pecuniary jurisdiction of the state commission under clause (a) of sub-section (1) of section 40;15(l) the number of members for the national commission under clause (b) of sub-section (1) and the salary, allwances and other terms and conditions of members of the national commission under sub-section (3) of section 47;(m) salaries, allowances and other terms and conditions of service of the officers and other employees of the national commission under sub-section (3) of section 48;20(n) the pecuniary jurisdiction of the national commission under clause (a) of section 49;(o) form of seeking information under sub-section (5) of section 59; (p) the number of persons for consumer mediation cell under sub-section (3)of section 63;25(q) the procedures for mediation under sub-section (2) of section 68;(r) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules 83 (1) the state governments may, by notification, make rules for carrying out the provisions of this act:power of state government to make rules30provided that the central government may, frame model rules in respect of all or any of the matters with respect to which the state government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the state until the rules in respect of that matter is made by the state government and while making any such rules, so far as is practicable, they conform to such model rules35(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the procedure for the transaction of business under sub-section (4) ofsection 7;(b) the procedure for the transaction of business under sub-section (4) of section 9;40(c) the number of members for each district commission under clause (b) ofsection 27;(d) the manner of appointment of president and members of the districtcommission under sub-section (1) and the salary, allowances and other conditions of service of president and members under sub-section (3) of section 29;(e) the salary, allowances and other terms and conditions of service of theofficers and employees of the district commission under sub-section (3) of section 30;5(f) the number of members for each state commission under clause (b) ofsub-section (1); salary, allowances and other terms and conditions of service of thepresident and members of the state commission under sub-section (3) of section 38;(g) the salaries, allowances and other terms and conditions and the officers andother employees of the state commission under sub-section (3) of section 39;(h) the form and manner of seeking information including pendency of casesunder sub-section (6) of section 59;10(i) any other matter which is to be, or may be prescribed, or in respect of whichprovisions is to be made by rules1584 (1) the national commission may, with the previous approval of the central government, by notification, make regulations not inconsistent with this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this actpower of national commission to make regulations(2) in particular and without prejudice to the generality of the foregoing power, such regulations may make provisions for the cost of adjournment of any proceeding before the district commission, the state commission or the national commission, as the case may be, which a party may be ordered to pay20rules and regulations to be laid before each house of parliament25 3085 (1) every rule and every regulation made under this act shall be laid, as soon asmay be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation(2) every rule made by a state government under this act shall be laid as soon as maybe after it is made, before the state legislaturepower to remove difficulties35| 86 | if any difficulty arises in giving effect to the provisions of this act, the central ||-------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|| government may, by order in the official gazette, make such provisions not inconsistent | || with the provisions of this act as appear to it to be necessary or expedient for removing the | || difficulty: | || provided that no such order shall be made after the expiry of a period of two years from | || the commencement of this act | || 68 of 1986 | || 87 | ( || repeal and | || savings | || 40 | || ( | 2 || have done or taken under the act hereby repealed shall, insofar as it is not inconsistent with | || the provisions of this act, be deemed to have been done or taken under the corresponding | || provisions of this act | || 10 of 1897 | || ( | 3 || affect the general application of section 6 of the general clauses act, 1897 with regard to the | || effect of repeal | | statement of objects and reasonsthe consumer protection act, 1986 (the said act) was enacted to provide for better protection of the interests of consumers and for the purpose make provision for establishment of consumer councils and other authorities for the settlement of consumer disputes, and for matter connected therewith the said act was amended in 1991, 1993 and 2002 to make provisions of the act more effective although, the working of the consumer dispute redressal agencies has served the purpose to a considerable extent under the said act, the disposal of cases has not been fast due to the various constraints several shortcomings have been noticed while administering the various provisions of the said act2 consumer markets for goods and services have undergone drastic transformation since the enactment of the consumer protection act in 1986 the modern market place contains a plethora of products and services the emergence of global supply chains, rise in international trade and the rapid development of e-commerce have led to new delivery systems for goods and services and have provided new options and opportunities for consumers equally, this has rendered the consumer vulnerable to new forms of unfair trade and unethical business practices misleading advertisements, tele-marketing, multi-level marketing, direct selling and e-tailing pose new challenges to consumer protection and will require appropriate and swift executive interventions to prevent consumer detriment there is, therefore, a need to modernise the said act to address the myriad and constantly emerging vulnerabilities of the consumer in the market economy extant3 with a view to widen the ambit and amplify the scope of the said act and to modernise the legislation on consumer protection to keep pace with the changes in markets; ensure fair, equitable and consistent outcomes for consumers; enable swift executive intervention in the nature of class action both to prevent consumer detriment and to provide redress to consumers, it has been felt necessary to replace the existing consumer protection act, 1986 by way of introducing a fresh bill, namely, the consumer protection bill, 2015 by repealing the consumer protection act, 19864 the consumer protection bill, 2015 provides for the establishment of an executive agency to be known as the central consumer protection authority (ccpa) to promote, protect and enforce the rights of consumers; make interventions when necessary to prevent consumer detriment arising from unfair trade practices and to initiate class action including enforcing recall, refund and return of products this fills an institutional void in the regulatory regime extant currently, the task of prevention of or acting against unfair trade practices is not vested in any authority this has been provided for in a manner that the role envisaged for the ccpa complements that of the sector regulators and duplication, overlap or potential conflict is avoided5 in the bill, provisions for "product liability" action for or on account of personal injury, death, or property damage caused by or resulting from any product has been added the basis for product liability action and the liability of a manufacturer to a claimant have been provided the provision of "mediation" as an alternate dispute resolution mechanism has been added this is aimed at giving legislative basis to resolution of consumer disputes through mediation, thus making the process less cumbersome, simple and faster this will be done under the aegis of the consumer courts6 the bill, inter alia, provides for several provisions aimed at simplifying the consumer dispute adjudication process of the consumer grievance redressal agencies these include, among others:—(i) enhancing the pecuniary jurisdiction of the consumer grievance redressal agencies;(ii) increasing minimum number of members in the consumer courts to facilitate fast disposal of complaints;(iii) power to review their own orders by the state and district commission; (iv) constitution of 'circuit bench' to facilitate faster disposal of complaints;(v) reforming the process for the appointment of the president and members of the district commission;(vi) enabling provisions for consumers to file complaints electronically; and, (vii) file complaints in consumer courts that have jurisdiction over the place of residence of the complainant, and deemed admissibility of complaints, if the question of admissibility is not decided within the specified period of 21 days 7 the notes on clauses explain in detail the various provisions contained in the bill 8 the bill seeks to achieve the above objectivesnew delhi;ram vilas paswanthe 30th july, 2015 notes on clausesclause 1—this clause clause provides for the short title and commencement of the proposed legislationclause 2—this clause provided for the definition of the expressions used in the proposed legislationclause 3—this clause provides that 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 4—this clause provides for establishment of a central consumer protection council by the central governmentclause 5—this clause provides for the procedure for meetings of central council clause 6—this clause provides for the objects of central council and the consumer rightsclause 7—this clause provides for establishment of state consumer protection councils by the state governmentsclause 8—this clause provides for the objects of the state cosumer protection councilsclause 9—this clause provides for establishment of district consumer protection councils by the state governmentsclause 10—this clause provides for the objects of the district consumer protection councilsclause 11—this clause provides for establishment of central consumer protection authority and its composition with a commissioner and five deputy commissionersclause 12—this clause provides for the composition of the selection committee for selection of commissioner and deputy commissioners and the tenure of appointment of the commissioner and deputy commissionersclause 13—this clause empowers the central government to prescribe the salary and allowances and other terms and conditions of service of the commissioner and deputy commissionerclause 14—this clause provides for the meetings of the central authority clause 15—this clause provides for the objects of the central authority clause 16—this clause provides for the powers and functions of the central authorityclause 17—this clause provides for the powers of central authority to inquire into unfair trade practices and misleading advertisementclause 18—this clause provides for prohibition to sale, distribute, etc, articles of food containing extraneous matterclause 19—this clause provides for establishment of regional offices of the central authorityclause 20—this clause provides for removal of commissioner and deputy commissioners of the central authorityclause 21—this clause provides for filing of complaint before the central consumer protection authority, the procedure for registration of complaints to be prescribed and its disposalclause 22—this clause provides crediting of the fines collected by the central authority to the consumer welfare fund of the central government and the consumer welfare fund of the state governmentsclause 23—this clause provides for the appellate authorities against the orders of the district collector and the deputy commissioners exercising the powers of the central consumer protection authorityclause 24—this clause provides for causing of an inquiry by the central authority for non-compliance of its orders or directions made in exercise of its powers under the proposed legislation and imposition of fines in case of non-complianceclause 25—this clause provides that the central authority shall submit an annual report on its functioning and performance and such other reports and returns as may be directed to be submitted, to the central governmentclause 26—this clause provides for establishment of consumer grievance redressal agencies at the district, state and central levels by the state government and the central government this clause also empowers the state government to establish more than one district commission in a district, direct by notification that a district commission, as specified in the notification, shall exercise the jurisdiction in respect of such district or districts where there are no district commissions or there are vacancies of president and membersclause 27—this clause provides for composition of district commission with one president and not less than two and not more than such number of members as may be prescribed by the state government, minimum age and eligibility criteria for appointmentclause 28— this clause provides for disqualification of members of district commission under certain circumstancesclause 29—this clause provides for appointment of president and members of the district commission by the state government through the state public service commission in the manner as may be prescribed by the state government, tenure of appointment, maximum age, eligibility for re-appointment of president and members of district commission, the salary and allowances payable to, and other terms and conditions of services of, the president and members to be prescribed by the state government and barring appearance before district commission of the president or member of the district commission, on ceasing to hold officeclause 30—this clause makes provision for the state government to provide the district commission such officers and other employees required to assist the district commission in the discharge of its functions and prescribing the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the district commissionclause 31—this clause provides for the pecuniary and geographical jurisdiction for filing of complaints in the district commission it also provides that the pecuniary jurisdiction will be based on the billed value of the goods or services claimed not exceeding rupees fifty lakhs a consumer can file a complaint in a district commission within the local limits of whose jurisdiction he resides or personally works for gain this clause also makes provision for circuit benches of district commissionclause 32—this clause provides the manner in which complaint shall be made including enabling provision for filing of complaints electronically, fee to be prescribed for filing of complaints, time limit of twenty one days for admissibility of complaints, deemed admissibility of complaints if admissibility is not decided within the said twenty one daysclause 33—this clause provides for the procedure to be followed by the district commission on admission of complaint, disposal of a complaint on the basis of an affidavit and documentary evidence placed on record, disposal of a complaint within three months where test or analysis is not required and five months where test is required, passing of interim orders, powres of a civil court in certain matters, appearance by the party in person, or by his recognised agent, or by an advocateclause 34—this clause provides for reference by the district commission of a complaint for mediation with the consent of both the parties to the disputeclause 35—this clause provides for finding of the district commission, after the proceeding has been conducted in a complaint and the district commission is satisifed that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices are proved this clause specifies the relief/compensation a district commission can grant to a consumerclause 36—this clause provides that a district commission shall have the power to review its orders only when there is any error apparent on the face of recordclause 37—this clause provides for appeal against order of the district commission to the state commission on the grounds of facts or law within a period of thirty days from the date of the order, in such form and manner, as may be prescribed; barring appeal from an order passed under clause 71 on the basis of settlement reached between the parties; entertaining appeals by the state commission after the expiry of the period of thirty days on being satisfied that there was sufficient casue for not filing it within that period; entertaining appeal by the state commission only after the appellant has deposited in the prescribed manner fifty per cent of the amount ordered to be paid to the complainantclause 38—this clause provides for composition of the state commission with a president who is or has been a judge of a high court, and not less than four with one woman member, and not more than such number of members, as may be prescribed by the state commission; the minimum age limit of forty years for appointment of member; educational qualification and other eligibility criteria for selection of members; disqualification for appointment as members on certain grounds; composition of the selection committee for selection of members; tenure of appointment of members for five years; upper age limit of sixty years for members; re-appointment of president and members; resignation of members and bar on former presidents and members to appear, act or plead before the state commission or any district commission in the state where they last servedclause 39—this clause makes provision for the state government to provide the state commission such officers and other employees required to assist the state commission in the discharge of its functions and prescribing the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the state commissionclause 40—this clause provides for the pecuniary and geographical jurisdiction for filing of complaints in the state commission and the pecuniary jurisdiction will be based on the billed value of the goods or services claimed beyond rupees fifty lakhs and not exceeding rupees ten crore it also provides that a consumer can file a complaint in state commission within the local limits of whose jurisdiction he resides or personally works for gain this clause also makes provision for circuit benches of state commissionclause 41—this clause empowers the state commission, at any stage of the proceeding, to transfer any complaint pending before the district commission to another district commission within the state if the interest of justice so requiresclause 42—this clause empowers the state commission to have circuit benches clause 43—this clause provides that the provisions under clauses 32, 33, 34 and clause 35 shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the state commissionclause 44—this clause provides for appeal against the order of the state commission to the national commission within a period of thirty days from the date of the order in such form and manner as may be prescribed if the appeal involves a substantial question of law; entertaining the appeal by the national commission after the expiry of the period of thirty days on being satisfied that there was sufficient cause for not filing it within that period; entertaining the appeal the national commission only after the appellant has deposited in the prescribed manner fifty per cent of the amount ordered to be paidclause 45—this clause provides for disposal of appeals by the state commission or the national commission within a period of ninety days from the date of its admission; not granting of adjournment without sufficient cause; recording of reasons if the appeal is disposed of after the specified period of ninety daysclause 46—this clause empowers the state commission to review any order made by it, when there is an error apparent on the face of recordclause 47—sub-clause (1) of this clause provides for composition of the national commission with a president who is or has been a judge of the supreme court to be appointed by the central government after consultation with the chief justice of india and not less than fifteen, and not more than such number of members, as may be prescribed by the central government out of which one member shall be a woman and one each shall be from scheduled caste, scheduled tribes, other backward class and minority communities; minimum age for recruitment of not less than forty-five years; educational qualification and other eligibility criteria for appointment; disqualification for appointment on certain grounds; composition of the selection committee for selection of members of the national commissionsub-clause (2) of this clause provides for exercise of the jurisdiction, powers and authority of the national commission by benches and the senior most member of the bench to preside over the bench and the procedure for deciding any point where there is different of opinionsub-clause (3) of this clause empowers the central government to prescribe the salary and allowances payable to, and other terms and conditions of service of the members of the national commissionsub-clause (4) of this clause provides for tenure of appointment of president and members of the national commission to be five years or up to the age of seventy years, whichever is earlier; conditions of re-appointment for another term of five years or up to the age of seventy years, whichever is earlier, resignation of memberssub-clause (5) of this clause debars a former member of the national commission to appear, act or plead before the national commission or any state commission or district commissionclause 48—this clause makes provision for the central government to provide the national commission such officers and other employees required to assist the national commission in the discharge of its functions and prescribing the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the national commissionclause 49—this clause provides for the original and appellate jurisdiction for filing of complaints in the national commission the pecuniary jurisdiction will be based on the billed value of the goods or service claimed beyond rupees ten croreclause 50—this clause provides that the provides under clauses 32, 3, 34 and clause 35 shall, with such modification as may be necessary, be applicable to the disposal of disputes by the national commissionclause 51—this clause provides for the aggrieved party applying to the national commission setting aside its order passed ex-parteclause 52—this clause empowers the national commission, at any stage of the proceeding, to transfer any complaint pending before the district commission of one state to a district commission of another state or before one state commission to another state commissionclause 53—this clause empowers the national commission to have circuit benchesclause 54—this clause provides that in the case of the position of president in a district commission, state commission, or the national commission is vacant, or the president is unable to perform the duties for any reasons, these shall be performed by the senior-most member of the district commission, the state commission, or the national commission, as the case may beclause 55—this clause provides that in the larger interest of consumers, the national commission or the state commission may direct any individual or organization or expert to assist the national commission or the state commissionclause 56—this clause provides for appeal against the order of the national commission to the supreme court within a period of thirty days from the date of the order; entertaining the appeal by the supreme court after the expiry of the period of thirty days on being satisfied that there was sufficient cause for not filing it within that period; entertaining the appeal the supreme court only after the appellant has deposited fifty per cent of the amount ordered by national commission to be paidclause 57—this clause provides that order of a district commission or the state commission or the national commission shall be final, if no appeal has been preferred against such order to the state commission or the national commission, unless the same is set aside by the state commission or the national commission in final adjudication of the appealclause 58—this clause provides for a limitation period of two years from the date on which the cuase of action has arisen for filing a complaintclause 59—this clause provides for the national commission to lay down adequate standards as the president may like to in consultation with the central government from time to time to make the provisions for better protection of the interests of consumers and for that purpose shall have administrative control over all the state commissions in matters of monitoring performance of the state commission in terms of their disposal by calling for periodical returns regarding the institution, disposal and pendency of cases; investigating into any allegations against the president and members of a state commission and submitting inquiry report to the state government concerned along with copy endorsed to the central government for necessary action; issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of judgments written in any language, speedy grant of copies of documents; overseeing the functioning of the state commission or the district commission either by way of inspection or by any other means the president may like to order from time to time to ensure that the objects and purposes of the act are best served and the standards set by the president are implemented without interfering with their quasi-judicial freedomsub-clause (2) provides for constitution of a monitoring cell by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view sub-clause (3) provides for the state commission to have administrative control over all the district commissions within its jurisdiction in all matters referred to in sub-clauses (1) and (2)sub-clause (4) provides for the central government to lay down such standards of performance of various functionaries of the national commission, state commission and district commission including the president and the members of the consumer commission and on other matters concerning the consumer commission as may be considered necessary and supervise their functions with a view to furthering the interest of the consumers, to protect their rights and to secure them speedy, inexpensive and simple dispensation of justice in consumer commisionsub-clause (5) provides for furnishing of information by the national commission and the state commission to the central government periodically or as and when requiredsub-clause (6) empowers the state government to prescribe the form for seeking any information including pendency of cases from the state commissionclause 60—this clause provides for enforcement of orders of district commission, state commission or national commissionclause 61—this clause provides for dismissal of frivolous or vexatious complaints clause 62—this clause provides that an appeal shall lie both on facts and on law from the order made by the ditrict commission to the state commission; the order made by the state commission to the national commission; and the order made by the national commission to the supreme courtclause 63—this clause provides for establishment of a district consumer mediation cell attached to the district commission in each district of the state and a consumer mediation cell attached to the state commission by the state government and a national consumer mediation cell attached to the national commission by the central government; sub-clause (3) empowers the state government and the central government to decide the composition of mediation cell; sub-clause (4) provides that every mediation cell shall maintain a list of empanelled trained mediators and data on a daily basis and submit report on a monthly basis to the state government or central government, as the case may beclause 64—this clause provides for the procedure of empanelment of mediators, tenure of mediators for a period of five years from the date of empanelment or up to the age of seventy years and for further extension for another term of five years or up to the age of seventy years of ageclause 65—this clause provides for preference for nominating mediators from the panel, considering their suitability for resolving the consumer disputes involvedclause 66—this clause provides that it is the duty of mediator to disclose certain facts which may likely to give rise to a justifiable doubt as to his independence or impartialityclause 67—this clause provides for revocation of appointment of a mediator if there is justifiable doubt as to his independence or impartialityclause 68—this clause provides for removal of the name of a mediator from the panel under certain circumstancesclause 69—this clause provides for the procedure of mediation clause 70—this clause provides that any party to the suit may offer a settlement to the other party at any stage of the proceedings, with notice to the mediatorclause 71—this clause provides that within seven days of the receipt of any settlement, the district commission, state commission or national commission shall pass an order recording that a settlement has been reached between the parties and dispose of the matterclause 72—this clause provides that the manufacturer or producer of such product shall be liable for the product in product liability action where any personal injury, death, or property damage is caused to the consumer resulting from defects in the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labelling of any productclause 73—this clause provides for the grounds or basis on which a claimant can take product liability action against a manufacturerclause 74—this clause provides for exceptions to product liability action against product seller and manufacturerclause 75—this clause provides liability of seller of a product clause 76—this clause makes provision for protection of action taken in good faith by the members of the district commission, the state commission or the national commission or any officer or person acting under the direction of the district commission, the state commission or the national commissionclause 77—this clause provides for removal of members of national commission, state commission and district commissionclause 78—this clause provides that no act or proceeding of the district commission, the state commission or the national commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereofclause 79—this clause provides penalties in the event of a trader or a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the district commission, the state commission or the national commissionclause 80—this clause provides for the procedure for service of notice clause 81—this clause empowers the central government to issue directions on administrative matters to the central authority, national commission, the state commission and the district commission, in furtherance of consumers' welfare, protection of consumers' rights and ensuring speedy, inexpensive and simple dispensation of justiceclause 82—this clause provides for the power to the central government to make rulesclause 83—this clause provides for the power to the state governments, government to make rules, conforming to the model rules made by the central governmentclause 84—this clause empowers the national commission to make regulations not inconsistent with the proposed legislation to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the proposed legislationclause 85—this clause provides that every rule and every regulation made under the proposed legislation shall be laid, as soon as may be after it is made, before each house of parliament and every rule made by a state government under this act shall be laid as soon as may be after it is made, before the state legislatureclause 86—this clause provides for the power to remove difficulties that may arise in giving effect to the provisions of the proposed legislationclause 87—this clause provides for repeal and savings financial memorandumclause 11 of the bill seeks to establish and authority to be known as the central consumer protection authority (hereinafter referred to as the central authority) to promote, protect and enforce the rights of consumers, which will be headed by a commissioner who shall be an officer of the level of secretary to the government of india and five deputy commissioners to assist him in he functioning of the central authority2 clause 13 of the bill provides for the salary, allowance and other terms and conditions of commissioner and deputy commissioners3 clause 19 of the bill provides that the central authority may have such number of regional offices at such places, as may be notified by the central government, from time to time and each regional office shall be headed by an officer of the level of deputy commissioner4 clause 27 of the bill provides that each district commission shall consist of a president and not less than two and not more than such number of members, as may be provided by rules5 sub-clause (3) of clause 29 of the bill provides for the salary and allowances payable to, and other terms and conditions of service of, the president and members of district commission shall be provided by the state government6 clause 30 of the bill makes provision for the state government to provide the district commission such officers and other employees required to assist the district commission in the discharge of its functions and the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the district commission shall be provided by the state government7 clause 38 of the bill provides that each state commission shall consist of a president and not less than four, and not more than such number of members, as may be prescribed and that the salary and allowances payable to, and other terms and conditions of service of, the president members of the state commissions shall be provided by the state government8 clause 39 of the bill makes provisions for the state government to determine the nature and categories of the officers and other employees required to assist the state commission in the discharge of its functions and provide the commission with such officers and other employees as it may think fit and that the salaries and allowances payable to and the other terms and conditions of service of, the officers and other employees of the state commission shall be provided by rules made by the state government9 clause 47 of the bill provides that the national commission shall consist of a president and not less than fifteen, and not more than such number of members, as may be provided by rules the salary and allowances payable to, and other terms and conditions of service of the members of the national commission shall be provided by the central government10 clause 48 of the bill provides that the central government, in consultation with the president of the national commission shall provide such number of officers and other employees to assist the national commission in discharge of its functions as it may think fit the salaries and allowances payable to, and the other terms and conditions of the service of, the officers and other employees of the national commission shall be provided by the central government11 clause 59 of the bill seeks to set up a monitoring cell to be constituted by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view12 clause 63 of the bill provides that the state government shall establish a district consumer mediation cell attached to the district commission in each district of the state and a consumer mediation cell attached to the state commission the central government shall establish a national consumer mediation cell attached to the national commission a consumer mediation cell shall consist of such persons as may be provided by the central government or the state government, as the case may be13 the financial implications arising from the establishment of the proposed central consumer protection authority and the appointment of members for the national consumer disputes redressal commission is estimated at an annual recurring expenditure of nine hundred lakhs to cover operating costs including salaries and allowances appropriate budgetary allocations shall be made to meet this expenditure from the annual budget of the department of consumer affairs14 it would be difficult to indicate the exact expenditure involved in the appointment of additional members and officers and employees of the district forum and the state commission as this would depend upon the actual number of such members or officers and other employees appointed by the state governments however, the expenditure on this account would be incurred by the state governments memorandum regarding delegated legislationsub-clause (1) of clause 82 of the bill empowers the central government to make, by notification in the official gazette, rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include—(a) number of other official and nonofficial members under item (b) of sub-clause (2) of clause 4; (b) the procedure for the transaction of business under sub-clause (2) of clause 5; (c) number of officers, experts and professionals to be appointed under sub-clause (7) of clause 11; (d) salary, allowances and other terms and conditions of commissioner and deputy commissioner under clause 13; (e) production of documents and records under item (ix) of sub-clause (1) of clause 16; (f) manner of the removal of the commissioner and deputy commissioner under sub-clause (2) of clause 20; (g) the manner of registering complaint under sub-clause (3) of clause 21; (h) number of members for the district commission under item (b) of sub-clause (1) of clause 27; (i) the pecuniary jurisdiction of the district commission under sub-clause (1) of clause 31; (j) manner of filing of complaint electronically under the proviso to item (d) of sub-clause (1) and the manner of payment of fee for filing complaint under sub-clause (2) of clause 32; (k) the pecuniary jurisdiction of the state commission under item (a) of sub-clause (1) of clause 40; (l) the number of members for the national commission under item (b) of subcaluse (1) and the salary, allowances and other terms and conditions of members of the national commission under sub-clause (3) of clause 47; (m) salaries, allowances and other terms and conditions of service of the officers and other employees of the national commission under sub-clause (3) of clause 48; (n) the pecuniary jurisdiction of the national commission under item (a) of clause 49; (o) form of seeking information under sub-clause (5) of clause 59; (p) the number of persons for consumer mediation cell under sub-clause (3) of clause 63; and (q) the procedures for mediation under sub-clause (2) of clause 682 sub-clause (1) of clause 83 of the bill empowers the state government to make, by notification in the official gazette, rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include—(a) the procedure for the transaction of business under sub-clause (4) of clause 7; (b) the procedure for the transaction of business under sub-clause (4) of clause 9; (c) number of members for each district commission under item (b) of sub-clause (1) of clause 27; (b) the manner of appointment of president and members of the district commission under sub-clause (1) and the salary, allowances and other conditions of service of president and members under sub-clause (3) of clause 29; (c) the salary, allowances and other terms and conditions of service of the officers and employees of the district commission under sub-clause (3) of clause 30; (d) number of members for each state commission under clause (b) of sub-clause (1); salary, allowances and other terms and conditions of service of the president and members of the state commission under sub-clause (3) of clause 38; (e) salaries, allowances and other terms and conditions and the officers and other employees of the state commission under sub-clause (3) of clause 39; and (f) the form and manner of seeking information including pendency of cases under sub-clause (6) of clause 593 sub-clause (1) of clause 84 of the bill empowers the national commission, with the previous approval of the central government, to make regulations not inconsistent with the proposed legislation to provide for all the matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2) provides that in particular and without prejudice to the generality of the forgoing power, such regulations may make provisions for the cost of adjournment of any proceeding before the district commission, the state commission or the national commission4 clause 85 of the bill provides that every rule made by the central government and every regulation made by the national commission are required to be laid before each house of parliament and every rule made by the state government are required to be laid before the state legislature5 the matters in respect of which rules and regulations may be made relate to matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character lok sabha———— a billto provide for adequate protection of the interests of consumers and for prevention of unfairtrade practices and for the said purposes to make provisions for establishment of the consumer protection councils and other authorities for better administration and for timely and effective settlement of consumers' disputes and for matters connected therewith————(shri ram vilas paswan, minister of consumer affairs, food and public distribution)gmgipmrnd—1981ls(s3)—03-08-2015 the consumer protection bill, 2015 [to be/as introduced in lok sabha]1 page 3, line 36,- for "services of" read "services for" 2 page 4, line 38,- for "(ii) or (iii)" read "(ii) or clause (iii)" 3 page 5, line 19,- for "mediator is appointed" read "mediator appointed" 4 page 6, line 6,- for "but it does" read "but does" 5 page 7, line 10,- for "means such" read "mean such" 6 page 9, line 32,- for "impose any penalty" read "imposes any penalty" 7 page 12, line 4,- for "expert knowledge in" read "expert knowledge" 8 page 13, line 15,- for "rights for to" read "rights to" 9 page 13, line 20,- for "encourage of" read "encourage" 10 page 14, line 17,- for "of opinion" read "of the opinion" 11 page 15, line 6,- for "who can" read "who may" 12 page 15, line 31,- for "he/she/it" read "he or she or it" 13 page 15, line 42,- for "authority must seek" read "authority shall seek" 14 page 16, line 6,- for "appeal against" read "the appeal against" 15 page 16, line 8,- for "appeal against" read "the appeal against" 16 page 16, line 19,- for "twenty lakhs" read "twenty lakh" 17 page 17, line 36,- for "sub-section (1) of section 27" read "section 27" 18 page 17, line 43,- for "sub-section (1) of section 27" read "section 27" 19 page 21, line 39,- for "sub-clause (iv) of" read "sub-clause (v) of" 20 page 22, line 16,- for "section 32," read "section 33," 21 page 24, line 28,- for "state commissions" read "state commission" 22 page 27, line 13,- for "equivalent in" read "equivalent rank in" 23 page 27, line 41,- for "before the commencement" read "before the commencement of" 24 page 28, line 23,- for "conditions of the" read "conditions of" 25 page 28, line 38,- for "central authority" read "authority" 26 page 30, line 8,- for "central authority" read "authority" 27 page 30, line 13,- for "state commission" read "state commissions" 28 page 30, line 35,- for "consumer commission" read "consumer commissions" 29 page 30, line 36,- for "consumer commission" read "consumer commissions" 30 page 30, line 39,- for "commission" read "commissions" 31 page 31, line 18,- for "district commissions" read "district commission" 32 page 37, line 34,- for "national commission," read "the national commission," 33 page 40, in line 2 of paragraph 1,- for "for the purpose" read "for that purpose" 34 page 40, in line 5 of paragraph 3,- for "existing consumer protection" read "existing the consumer protection" 35 page 42, line 2,- for "this clause clause" read "this clause" 36 page 44, line 24,- for "state commission;" read "state government;" 37 page 46, line 10,- for "individual or organization" read "individual or organisation" new delhi; august 6, 2015 ______ shravana 15, 1937 (saka)

Parliament_bills

b7d76a12-ec6b-5a3d-84f6-f35978de9347

bill no 219 of 2018 the plastic packaging (regulation) bill, 2018 byshrimati meenakashi lekhi, mp a billto impose a ban on the manufacture, storage, usage, sale, import, transport and distribution of plastic packaging and single use plastic items and to constitute a body to govern measures to treat plastic waste and for matters connected therewithbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminarydefinitions2 in this act, unless the context otherwise requires,—(a) "authority" means the plastic packaging regulation authority constituted under section 6;5(b) "commodity" means any items which are subject to sale and includes all marketable goods and wares;(c) "extended producer responsibility" means the responsibility of a producer to treat the product at the end of its life;10(d) "multi layered packaging" means any material used or to be used for packaging and having at least one layer of plastic as the main ingredients in combination with one or more layers of materials such as paper, paper board, polymeric materials, metalized layers or aluminium foil, either in the form of a laminate or co-extruded structure;15(e) "plastic" means any material which contains as an essential ingredient a high polymer such as polyethylene terephthalate(pet), high density polyethylene, vinyl, low density polyethylene, polypropylene, polystyrene resins, multi-materials like acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate, polybutylene terephthalate;(f) "plastic packaging" includes multi layered plastic packaging; (g) "plastic waste" means the waste created by plastic discarded after its intended use;20(h) "plastic sheet" means sheet made out of plastic but shall not include plastic film or sheet used for agricultural or irrigation purposes;(i) "prescribed" means prescribed by rules made under this act;25(j) "producer" means any person engaged in the manufacture or import of plastic packaging, plastic sheets, plastic items including the items stated in schedule or who uses plastic sheet or plastic packaging for packaging of any commodity and includes a brand owner;(k) "recycling" means the treatment of plastic waste to convert it into another product or a raw material for the new product;30(l) "single use plastic" means plastic which may be used only and has to be disposed off after use;(m) "waste pickers" means any individual or association of persons who are engaged in collection of plastic waste for recycling and treatment purposes; and(n) "waste to energy plant" means a plant where plastic waste undergoes treatment and is converted into liquid or gaseous energy;353 (1) this act shall apply to—application of the act(a) every person, body of person, company, partnership, institution, government and non-government organization, body corporate, producer, retailer, e-retailer, transporter, importer, wholesaler, hawkers, consumers, shopkeepers; and40(b) any public place, state and central government offices, ports and harbours, cinema halls, clubs, restaurants, shops, industrial units, commercial units, sports complex, religious institutions, tourist places, forest and reserved forest areas, educational institutions, marriage/celebration halls, or any such other place which the central government or the state government as the case may be, notify (2) nothing in this act shall apply to—45(a) hospitals, maternity home, nursing home, dispensary, scientific research laboratory, forensic science laboratory and educational institution imparting medical courses; and(b) to any plastic packaging manufactured exclusively for export purpose against any export orders in special economic zones chapter ii5 prohibition and restriction of plastic packaging4 (1) subject to the provisions of this act, the manufacture, usage, import, sale whether retail or wholesale, transport, distribution or storage of plastic packaging, single use plastic items shall be prohibited from such time as notified in the official gazette but not before expiry of two years from the date coming into force of this act10prohibition on use of plastic packaging and single use itemsexplanation:—for the purpose of this section, the word 'single use plastic' items includes the items as mentioned in the schedule:provided that the central government may, by notification in the official gazette, amend schedule by way of addition or deletion of the entries thereto15(2) the manufacture, usage, import, sale, distribution or storage of polybutyleneterephthalate (pet) and pete bottles having capacity of not less than 05 liters made of food grade material shall be allowed provided that the producer of the same has an approved extended producer responsibility plan20measures to phase out plastic packaging5 the producer shall, immediately after coming into force of this act, undertake measures to phase out plastic packaging and replace it with a bio-degradable alternative which complies with the minimum standards as prescribed or any other bio-degradable alternative as notified by the authority under sub-section (2) of section 7256 (1) the central government may appoint such number of officers with such designation as it deems fit for the purpose of this act and may entrust to them such powers and functions under this actappointment of officers and the power of search andseizure30(2) any person who is appointed as an officer under sub-section (1) and is empowered by the central government in this behalf, if he has reason to believe that plastic packaging or plastic items as stated under section 4 are being manufactured, stored, transported or distributed in any premises contrary to section 4, may enter into and search such place, premise or vehicle(3) where, as a result of the search made under sub-section (2), any plastic packaging items in contravention of section 4 are found, the authorized officer may seize such item and any other item which he may consider necessary under the provisions of the act2 of 1974(4) the provisions of the code of criminal procedure, 1973, relating to searches and seizures shall, so far as may be, apply to every search or seizure made under this section35 chapter iii extended producer responsibility407 (1) the producer shall draft an extended producer responsibility plan within six months of the act coming into force which shall lay down the mechanism by which the producer shall ensure the safe treatment of their product at the end of its lifeextended producer responsibility plan(2) the extended producer responsibility plan shall, without prejudice to the foregoing, include the following, namely:—(i) a take back system to collect discarded plastic packaging either by way of a deposit refund system or a voucher system or in any other manner deemed fit;(ii) setting up of a collection and recycle centre, either by the producer themselves or on a contractual basis with a third party; and(iii) engaging with waste pickers to streamline the waste into recycling or other treatment plants5(3) the extended producer responsibility plan shall be sent to the central pollution control board for approval(4) if a producer fails to submit an extended producer responsibility plan within six months of this act coming into force, them action shall be taken against such producer under section 8 of the act10(5) the provisions of sub-section (1), (2) and (3) shall also apply to government owned or funded entities8 (1) the central government shall, by notification in the official gazette, constitute a fund to be called the extended producer responsibility fund for improving the plastic waste treatment system and there shall be credited theretoextended producer responsibility fund15(a) any grants and loans made by the central government or any state government;(b) any voluntary donations or contributions, whether or not for any specific purpose as may be decided upon by the central government;20(c) any fine recovered for the commission of an offence punishable under this act;(d) portion of the corporate social responsibility (csr) fund of the producer company as notified by the central government in the official gazette; and(e) any other sums as may be received25(2) the extended producer responsibility fund shall be utilized under this act by the central government for—(i) funding of any national or state level research study or project for development of innovative and efficient methods of treatment of plastic waste;(ii) raising awareness regarding the impact of plastic waste and the benefits of recycling plastic waste and its substitution with bio-degradable alternatives;30(iii) funding of small scale recycling or waste to energy plants on a district level; and(iv) any other activity that may be required for effective implementation of this act35 plastic packaging regulation authorityconstitution of plastic packaging regulation authority9 (1) the central government shall, by notification in the official gazette, constitute an authority to be called the plastic packaging regulation authority, by notification for enforcing the provisions of section 4 and carrying out such other functions as laid down in the act40(2) the head office of the authority shall be at new delhi (3) the authority may establish its offices at such other place in india as may be prescribed(4) the authority shall have a chairperson and five other members to be appointed by the central government in such manner as may be prescribed(5) the salary and allowances payable to, and other terms and conditions of service of and qualifications of the chairperson and members shall be such as may be prescribed(6) the chairperson and members shall hold the office for a period of five years or up to the age of sixty- five whichever is earlier5(7) the authority shall have the power to disburse the funds under the extended producer responsibility fund for any purpose as it deems fit for effective implement the provisions of this act10 the authority shall,—functions of the authority(i) develop guidelines for the enforcement of the sections 4 and 5;10(ii) notify the type and kind of compostable or bio-degradable material to be used as alternative to the plastic packaging after consultation with central pollution control board;15(iii) seek report from the manufacturer and producer on the gradual phasing out of plastic packaging immediately after the act comes into force until expiry of two years from such date;(iv) draft a model extended producer responsibility plan after consultation with central pollution control board laying down the responsibilities of the manufacturer, producer and recycling units; and(v) perform such other functions as may be prescribed20 chapter v penaltiespenalties2511 whoever fails to comply with or contravenes any of the provisions of this act, or the rules, orders, directions made or issued thereunder, shall for each of such failure or contravention be punished with fine which shall not be less than two thousand rupees and may extend up to two lakh rupees and with additional fine which may extend up to five thousand rupees for everyday during which such failure or contravention continues after convictionoffences by companies3012 (1) where any offence under this act has been committed by a company, every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:35provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence40(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence 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 guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation— for the purpose of this section,—45(a) "company" means anybody corporate and includes a firm or other association of individuals;(b) "director", in relation to a firm, means a partner in the firmoffence by government department13(1) where an offence under this act has been committed by any department of appropriate government, the head of the department shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:5provided that nothing contained in this section shall render such head of the department liable to any punishment if he proves that the offence was committed without his knowledge or that he exercise all due diligence to prevent the commission of such offence10(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a department of appropriate government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly chapter vi miscellaneous15protection of action taken in good faith2014 no suit, prosecution or other legal proceeding shall lie against the central government or any state government or any officer or other employee of the central government or any state government or any authority constituted under this act or any member, officer or other employee of such authority in respect of anything which is done or intended to be done in good faith in pursuance of this act or the rules made or orders or directions issued thereunderpower to exempt15 (1) if the cental government is of the opinion that it is necessary or expedient so todo in the public interest, it \may, by order published in the official gazette, exempt any person or class of person from the operation of section 42530(2) every order made 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 order or both houses agree that the order should not be made, the order shall thereafter have effect only in such modified from 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 order35 16 the cental 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 funds17 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 actpower to make rules18 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act4045(2) every rule made 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 or anything previously done under that rule the schedule [section 4]the term single use plastic items shall include the following items which are made of plastic:1 cutlery which includes but is not limited to spoon, fork, plate, bowl, cups, straws; 2 flag; 3 banner; 4 sheet; 5 packet; 6 container; 7 wrapper; 8 film statement of objects and reasonsin 2017, 60 major cities in india were estimated to have produced 25,940 tonnes of plastic waste per day plastic, because of its structural qualities and ease of handling, has become an ubiquitous component of almost every market and industry plastic has paved the way for brands and products to cater to mass consumerism but this commodity with its omnipresence has its own cost plastic, for all its qualities, is difficult to dispose off because unlike organic matters, it is not capable of decomposition because of its growing negative impact on the environment and especially the marine life, it is inevitable that plastic consumption patterns will have to undergo momentous change to ensure protection of the environment one of the most efficient ways of doing that is to bring about a change in the way a commodity is presented to the customer plastic packaging, especially in the food industry, electronic industry, cosmetics etc is consumed in massive numbers but has a very short shelf life and is not capable of bio-degradation although plastic can be recycled into other products or raw material, the system of waste collection in the country is not efficient since a large part of it is governed by the informal sector which leads to the plastic ending up in landfills and water bodiesin order to tackle the nuisance of growing waste, several rules were notified under the umbrella of the environment (protection) act, 1986 the solid waste management rules, 2016 and the plastic waste management rules, 2016 lay down the broader framework for efficient collection, segregation and treatment of the waste this framework has to be supplemented and further strengthened by way of statutory mechanism which will enforce change in consumption patterns by reducing plastic at the source such statutory mechanism will ensure that the industry and market alike will substitute plastic with bio-degradable, sustainable alternatives similarly, with efficient treatment of the existing waste, the menace of solid waste can be tackled in a timely mannerhence this billnew delhi;meenakashi lekhijanuary 24, 2018 financial memorandumclause 6 of the bill provides for appointment of officers with the power of search and seizure clasue 8 provides for constitution of an extended producer responsibility fund clause 9 provides for plastic packaging regulation authority clause 16 provides for central government to provide adequate funds for carrying out the provisions of the bill 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 on hundred crore will be involveda non-recurring expenditure of about rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 18 of the bill empowers the central government to make rules to give effect to the provisions of this bill as matters in respect of which rules may be made are matters of procedure and administrative detail and therefore, the delegation of legislative power is of a normal character———— a billto impose a ban on the manufacture, storage, usage, sale, import, transport anddistribution of plastic packaging and single use plastic items and to constitutea body to govern measures to treat plastic waste and for mattersconnected therewith————(shrimati meenakashi lekhi, mp)mgipmrnd—2466ls(s3)—19-12-2018

Parliament_bills

4f4974e3-3982-5b67-a73d-c8a355daf52b

bill no 7 of 2012 the women and girl child (prevention of atrocities) bill, 2012 by dr mahendrasinh p chauhan, mp a billto provide for stringent punishment to curb atrocities against girl child and women, rehabilitation measures for victims of atrocities and constitution of special courts to try cases of atrocities against women and girl child and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-third year of the republic of india as follows:—short title and extent1 (1) this act may be called the women and girl child (prevention of atrocities) act,2012(2) it extends to the whole of india2 (1) in this act, unless the context otherwise requires,—definitionsthat state and in all other cases, the central government;(b) 'atrocity' includes,—(i) parading any woman or girl child naked or painting their face or body black or similar acts;(ii) compelling or enticing any woman or girl child to do begaar or bonded labour or any work without payment;5(iii) using one's position to harass any woman or girl child or sexually exploit or insult or intimidate with intention to humiliate publicly;(iv) taking pictures or video without consent, or forcing any woman or girl child into prostitution;10(c) 'girl child' means any female who has not completed the age of eighteen years;(d) 'stripping' means forcible removing or tearing of cloth or part thereof worn by a girl child or woman with the intention of exposing the body or any part thereof of such girl child or woman, as the case may be;15(f) 'teasing' includes uttering words, song, making the sound of whistle or gesture, exhibiting any object or part of the body, throwing any object or doing any unwanted act to attract the attention of a girl child or woman;2045 of 1860 2 of 1974(2) words and expressions used herein and not defined in this act but defined in the indian penal code, 1860 or the code of criminal procedure, 1973 shall have the meanings respectively assigned to them in those acts45 of 18603 notwithstanding anything contained in the indian penal code, 1860, any person, who outrages the modesty of any woman or girl child by stripping them publicly shall be punished with imprisonment which shall not be less than five years but may extend to ten years and with fine which may extend to rupees ten lakhp u n i s h m e n t for outraging the modesty of a woman or girl child45 of 186025p u n i s h m e n t for teasing of a woman or girl child4 notwithstanding anything contained in the indian penal code, 1860, any person, who teases any woman or girl child shall be punished with imprisonment which shall not be less than three years and with the fine which shall not be less than rupees two lakh but which may extend to rupees five lakh45 of 1860305 notwithstanding anything contained in the indian penal code, 1860, or any other act, for the time being in force, any person who offers any woman or girl child as devdasi or forces them into prostitution shall be punished with imprisonment which shall not be less than three years and with fine which shall not be less than rupees two lakh but which may extend to rupees five lakhpunishment for offering any woman or girl child as devdasi or forcing them into prostitution45 of 1860356 notwithstanding anything contained in the indian penal code, 1860, any person,who commits any atrocity on any woman or girl child at any place and at any point of time shall be punished with imprisonment which shall not be less than five years and with fine which may extend to rupees five lakhpunishment for committing atrocity on a woman or girl child45 of 18607 notwithstanding anything contained in the indian penal code, 1860, any personwho commits the offence of rape on any woman or girl child shall be punished with deathpunishment for committing rape on a woman or girl child408 whoever, being a public servant, is convicted of wilfully neglecting his duties required to be performed under this act, shall be,—(a) dismissed from service; andpunishment for public servant for wilfully neglecting his duties(b) punished with imprisonment for a term, which shall not be less than one yearbut may extend to three years and also with fine which may extend to rupees two lakhestablishment of specialcourts9 the appropriate government shall, with the concurrence of the concerned high court, by notification in the official gazette, establish a special court in each district to try offences under this act2 of 197410 notwithstanding anything contained in the code of criminal procedure, 1973, anoffence under this act shall be cognizable and non-bailable5offence to be cognizable and non-bailable11 (1) the appropriate government shall provide such relief to the victims under thisact by framing appropriate schemes as may be notified from time to timerelief andrehabilitation measures(2) without prejudice to the generality of the foregoing provision, the relief and rehabilitation measures shall include,—(a) free medical facilities;10(b) free boarding and lodging facilities;(c) recreational facilities; (d) vocational training;(e) employment in deserving cases;15(f) such other facilities as the appropriate government may deem necessaryand expedient to provide for the purposes of this act12 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 act20central government to provide funds act to have overriding effect13 save as otherwise provided in this act, the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any custom or usage or any instrument having effect by virtue of any other law25| 14 ||----------------------------------|| law for the time being in force || act to || supplement || other laws || power to || make rules |15 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act30 35(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or 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 reasonsin our society, despite reforms and awakening, it is very unfortunate that young girls and women are still most vulnerable to various atrocities and violence teasing and molesting them even at public places, public transport, etc have become order of the day these teasers have become fearless the anti-social elements pass vulgar remarks, make obscene gestures and meddle hastily with girls and women, which many a time cause bodily injury to them no person, who witness these incidents, dares to come to rescue of such hapless girls or women they are subjected to all kinds of torture in public transport, public places most of these cases go unreported many a time women are reportedly stripped and paraded naked in villages and streets and beaten ruthlessly in some parts of the country, the women are being branded as witches and killed ruthlessly which needs to be dealt with severely by providing deterrent punishment similarly, in some parts of the country, girls are offered as devdasis to deities in the temples which ultimately makes them sex workers similarly, young girls and women are abducted and forced into prostitution the number of cases of rape of girl child and women are increasing rapidly some of these girls and women are brutally killed after rape there is no fear of law among the rapists hence, it has become necessary to provide deterrent punishment for the perpetrators of atrocities against the girl child and women in order to restore a respectable position to the women and girl child in the society it is expected that such stringent measures will curb the atrocities against the girl child and women in the societyhence this billnew delhi;mahendrasinh p chauhan16 november, 2011 financial memorandumclause 9 of the bill provides for the establishment of special courts clause 11 provide for relief and rehabilitation measures for victims by the appropriate government clause 12 provides that the central government shall provide requisite funds to the state governments for carrying out the purposes of the bill the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five thousand crore may be involved as recurring expenditure per annuma sum of rupees seven thousand crore may also involved as non-recurring expenditure memorandum regarding delegated legislationclause 15 of the bill empowers the central government to make rules for carrying out the purpose of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for stringent punishment to curb atrocities against girl child and women, rehabilitation measures for victims of atrocities and constitution of special courts to try cases of atrocities against women and girl child and for matters connected therewith and incidental thereto————(dr mahendrasinh p chauhan, mp)gmgipmrnd—4067ls(s3)—01032012

Parliament_bills

feacbced-d417-58bc-8857-3e6a52981325

bill no lii of 2013 the indian medical council (amendment) bill, 2013 a billfurther to amend the indian medical council act, 1956be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the indian medical council (amendment) act,2013(2) it shall be deemed to have come into force on the 15th day of may, 20135102 of 1956amendment of long title 2 in the indian medical council act, 1956 (hereinafter referred to as the principal act), for the long title, the following long title shall be substituted, namely:—10"an act to provide for the constitution of the medical council of india and for the determination, co-ordination, maintenance and regulation of standards of medical education, the practice of medicine, maintenance of indian medical register and to make endeavour in making available doctors in all states and for matters connected therewith or incidental thereto" 3 in section 3 of the principal act,—amendment of section 3 (a) in sub-section (1),— (i) after clause (a), the following clause shall be inserted, namely:— "(aa) one member, to represent the union territories by rotation, to be nominated by the central government;"; (ii) in clause (b), the following provisos shall be inserted, namely:5 "provided that where there is a health university in a state, that university shall elect one representative for every ten medical colleges affiliated to it to represent such medical colleges: provided further that a health university with less than ten medical colleges affiliated to it, shall also be eligible to elect one representative to represent such medical colleges:10 provided also that such number of representatives shall be reviewed by the central government after every four years;"; (iii) clause (d) shall be omitted; (b) in sub-section (2), the following proviso shall be inserted, namely:15 "provided that no person shall hold office as the president or, as the case may be, the vice-president for more than two terms"insertion of new section 3aa 4 after section 3a of the principal act, the following section shall be inserted, namely:—reconstitution of council20"3aa the central government shall, after the commencement of the indian medical council (amendment) act, 2013, reconstitute the council, by notification in the official gazette, and publish the names of the members nominated or elected to the council under sub-section (1) of section 3 within a period not exceeding one hundred and eighty days:25 provided that the board of governors constituted under sub-section (4)of section 3a shall continue to exercise the powers and perform the functions of the council till the new council is reconstituted or for such period not exceeding one hundred and eighty days, whichever is earlier" 5 in section 4 of the principal act, in sub-section (1),—amendment of section 4 (a) the words, brackets and letter "or clause (d)" shall be omitted;30 (b) the words, brackets, letter and figures "and any rules so made may provide that pending the preparation of the indian medical register in accordance with the provisions of this act, the members referred to in clause (d) of sub-section (1) of section 3 may be nominated by the central government instead of being elected as provided therein" shall be omitted356 in section 7 of the principal act,—amendment of section 7 (a) in sub-section (1), for the words "five years", the words "four years"shall be substituted; (b) for sub-section (2), the following sub-section shall be substituted, namely:—40"(2) subject to the provisions of the act, a member, whether nominated or elected, shall hold office for a term of four years"; (c) in sub-section (6), for the words "five years", the words "four years"shall be substitutedinsertion of new section 9a457 after section 9 of the principal act, the following section shall be inserted, namely:—functions of council "9a (1) the council shall, subject to the provisions of the act and rules made thereunder, take measures to determine, coordinate and maintain the standards of medical education and practice in medicine, the indian medical register and make endeavour in making available doctors in all states (2) without prejudice to the generality of the foregoing provisions, the measures referred to in sub-section (1), may, inter alia, provide for all or any of the following matters, namely:—5 (a) lay down the standards of professional ethics in the practice of medicine; (b) grant or withdraw permission for establishment of medical college and course of study in medical education and ensure compliance of its terms and conditions for such permission;10 (c) maintain the indian medical register; (d) render advice to the central government or the state government on matters relating to the medical education and practice in medicine;15 (e) facilitate medical education in the institutions situated outside the country; (f) undertake and recommend to the central government or the state government such measures as may be necessary to regulate medical education in or outside the country;20(g) organise seminars, symposiums and workshops in order to promote continuous medical education and practice in medicine; and(h) perform such other functions as may be laid down in the rules made by the central government"8 in section 13 of the principal act,—amendment of section 1325(a) in sub-sections (2) and (3), for the words "a citizen of india", the words "a citizen of india or an overseas citizen of india" shall respectively be substituted;(b) in sub-section (4a), for the words "a citizen of india", the words "a citizen of india or an overseas citizen of india" shall be substituted;(c) sub-section (4b) and the proviso relating thereto shall be omitted;30(d) in sub-section (4c), for the words, brackets, figures and letters "subsections (4a) and (4b)", the word, brackets, figure and letter "sub-section (4a)" shall be substituted;(e) after sub-section (5), the following explanation shall be inserted, namely:—35'explanation—for the purposes of this section, the expression"overseas citizen of india" shall have the meaning assigned to it in clause (ee) of sub-section (1) of section 2 of the citizenship act, 1955'57 of 1955amendment of section 14 9 in section 14 of the principal act, in the proviso to sub-section (1), in clause (b), the words "for the time being for the purposes of teaching, research or charitable work" shall be omitted4010 in section 21 of the principal act,—amendment of section 21 (a) in sub-section (1), for the words "the names", the words "the names and biometric details" shall be substituted; (b) after sub-section (2), the following sub-section shall be inserted, namely:—45 '(2a) the council shall, in addition to the indian medical register referred to in sub-section (1), maintain the medical register in electronic form containing the particulars included in the indian medical register5 21 of 2000 explanation— for the purpose of this sub-section, the expression,"electronic form" shall have the meaning assigned to it in clause (r) of sub-section (1) of section 2 of the information technology act, 2000'insertion of new section 30a11 after section 30 of the principal act, the following section shall be inserted, namely:—10 "30a (1) the president, vice-president or any member of the council may, by notice in writing under his hand addressed to the central government, resign from his office:resignation, removal and suspension of president, vice-president or members of council15 provided that the president, vice-president or any member of the council shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of a period 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 earliest20(2) notwithstanding anything contained in sub-section (1), the central government may remove from office the president, vice -president, or any member of the council, who—(a) has been adjudged as an insolvent; or (b) has become physically or mentally incapable of acting as such president, vice-president, or other member; or25(c) is of unsound mind and stands so declared by a competent court; or(d) has been convicted of an offence involving moral turpitude; or30(e) has acquired such financial or any other interest in any medical institution falling within the purview of the council, which is likely to affect prejudicially the exercise of his functions as the president, vice- president, or a member; or(f) is unable to perform or has made persistent defaults—(i) in the performance of the duties imposed on him under this act or has exceeded or abused his position; or35(ii) either wilfully or without sufficient cause neglects to comply with the directions issued by the central government under sections 33a and 33b; (g) has been guilty of proved misbehaviour or his continuance in office would be detrimental in public interest40(3) no person shall be removed from his office on the grounds specified in clause (e) or clause (f) or clause (g) of sub-section (2), unless he has been given a reasonable opportunity of being heard in the matter"amendment of section 3212 in section 32 of the principal act, for sub-section (2), the following subsection shall be substituted, namely:—"(2) in particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:—45(a) the manner of election of the council under sub-section (1) of section 4; (b) such other functions of the council under clause (h) of subsection (2) of section 9a as may be laid down by the central government; (c) the conditions and payment of fees for filing of an appeal before the central government under sub-section (2) of section 24;5(d) any other matter which is required to be, or may be, provided by rules or in respect of which provision is to be made by rules"amendment of section 3313 in section 33 of the principal act, for clause (ma), the following clause shall be substituted, namely:—10 "(ma) the modalities for conducting screening test under sub-section (4a) of section 13;" 14 after section 33 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 33a, 33b and 33c15power of central government to give directions"33a (1) without prejudice to the foregoing provisions of this act, the council shall, in the discharge of its functions and duties under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time(2) the decision of the central government whether a question is one of policy or not shall be final20 33b (1) where the central government considers it expedient so to do, it may, by order in writing, direct the council to make any regulations or to amend or revoke any regulations already made by it, within such period as the central government may specify in this behalfpowers of central government to direct regulations to be made or to make or amend regulations25 (2) if the council fails or neglects to comply with such order within the specified period, the central government may make the regulations or amend or revoke the regulations made by the council, as the case may be, in such manner as the central government thinks fitlaying of rules and regulations30 3533c 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, regulation or both houses agree that the rule and regulation should not be made, the rule and regulation shall, thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation"repeal and saving ord 4 of 201315 (1) the indian medical council (amendment) ordinance, 2013 is hereby repealed40 (2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal act, as amended by this act statement of objects and reasonsthe indian medical council act, 1956 was enacted for the purpose of reconstituting the medical council of india (the council) and to provide for the maintenance of the indian medical register and for matters connected therewith the act was amended, inter alia, by the indian medical council (amendment) act,2010 superseding the council for one year with effect from the 15th may, 2010 and providing for the constitution of a board of governors of not more than seven persons to exercise the powers and to perform the functions of the council under the said act subsequently, the term of the board of governors was extended to one year at a time by amending the act in 2011 and 2012 and as per the provisions of the indian medical council (amendment) act, 2012 the council has to be reconstituted within a period of three years from the date of its supersession, that is latest by the 14th may, 20132 the indian medical council act, 1956 was amended by the indian medical council (amendment) ordinance, 2013 to provide for the reconstitution of the council and review the composition of the said council so as to give representation to the union territories and to remove the anomaly where states having larger number of medical colleges, but having formed a medical university, were having fewer seats in the council as compared to states having fewer colleges affiliated to several universities, by inserting a proviso in clause (b) of sub-section (1) of section 33 the council's main function as contained in the indian medical council act,1956 is to make recommendations to the central government on matters relating to recognition of medical qualifications, determining the courses of study and examinations required to obtain such qualifications, inspection of examinations and maintenance of register of medical practitioners, etc by the amendment of the said act in 1993, the power to grant permission for establishment of new medical colleges, increase in admission capacity or for starting new or higher course of study or training in the established colleges was entrusted to the central government from the respective state governments for this purpose, the council became a recommendatory body to the central government for taking final decisions in these matters after reviewing the working of the council in this area and the problems being faced, a need has been felt to empower the central government to give such directions to the council wherever necessary on matters of policy and public importance and to ensure their proper compliance 4 as parliament was not in session and immediate action was required to be taken to extend the term of the board of governors of medical council of india beyond the 14th may, 2013 and to allow the board to exercise powers till the council is reconstituted and make necessary amendments to the indian medical council act, 1956, the indian medical council (amendment) ordinance, 2013 was promulgated on 21st may, 20135 the indian medical council (amendment) bill, 2013, which seeks to replace the indian medical council (amendment) ordinance, 2013, inter alia, provides for the following, namely:—(a) to amend long title of the indian medical council act, 1956 (act) so as to make it more comprehensive;(b) to amend sub-section (2) of section 3 of the act so as to provide that no person shall hold the post of president or vice-president for more than two terms;(c) to amend section 13 of the act relating to recognition of medical qualification and provisional registration so as to recognise the medical qualifications granted to the citizen of india by medical institutions in india and to extend the benefit to the overseas citizens of india;(d) to amend section 14 of the act which recognises the medical practice by the persons having medical qualifications granted by medical institutions in any country outside india;(e) to insert a new section 30a in the act relating to resignation by the president, vice-president and members of the council and the power of the central government to remove from the office the president, vice-president or a member; and(f) to insert a new section 33a in the act relating to power of the central government to give directions to the council on the matters of policy and for making any regulation 6 the proposed amendments will make the composition of the council compact, more representative in character, and empower the central government to discharge its functions effectively to ensure proper development of medical education in the country7 the bill seeks to replace the aforesaid ordinancenew delhi;ghulam nabi azadthe 1st august, 2013 financial memorandumclause 4 of the bill seeks to insert new section 3aa, so as to reconstitute the medical council of india within a period of one hundred and eighty days the proviso to section 3aa provides that the board of governors (bog) shall continue to exercise the powers and perform the functions of the council till the new council is reconstituted or for such period not exceeding one hundred and eighty days, whichever is earlier the proposed amendment would automatically increase the term of the office of the board of governors (bog) up to the 10th november, 2013 the chairperson and other members, other than ex-officio members, of the board of governors shall be entitled to such sitting fee and other allowances as may be determined by the central government it is expected that such expenditure on sitting fee and travelling and other allowances would be minimal and will be met from the funds of the medical council of india further, as expenditure would depend on the number of meetings of the board of governors during the current financial year, ie, 2013-14 recurring or non-recurring expenditure cannot be anticipated at this stage memorandum regarding delegated legislationsub-clause (2) of clause 12 of the bill empowers the central government to make rules for carrying out the provisions of the proposed legislation on matters relating to—(a) the manner of election of the council under sub-section (1) of section 4; (b) such other functions of the council under clause (h) of sub-section (2) of section 9a as may be laid down by the central government; (c) the conditions and payment of fees for filing of an appeal before the central government under subsection (2) of section 24; (d) any other matter which is required to be, or may be, provided by rules or in respect of which provision is to be made by rules2 the rules to be made under the proposed legislation shall be required to be laid before the parliament3 the 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 itself4 the delegation of legislative power is, therefore, of a normal charactermemorandum explaining the modifications contained in the bill to replace the indian medical council (amendment) ordinance, 2013—————the indian medical council (amendment) bill, 2013, which seeks to repeal and replace the indian medical council (amendment) ordinance, 2013, proposes to make the following modifications apart from modifications of consequential or drafting nature in the provisions contained in the said ordinance, namely:—(i) the words "in such manner as may be provided by the rules made by the central government" have been dropped from the proposed proviso to clause (b) of sub-section (1) of section 3 of the indian medical council act,1956(ii) a new sub-clause has been inserted after clause 8(b) to omit subsection (4b) of section 13 of the indian medical council act, 1956 annexure extracts from the indian medical council act, 1956 (102 of 1956)an act to provide for the reconstitution for the medical council of india, and the maintenance of a medical register for india and for matters connected therewith 3 (1) the central government shall cause to be constituted a council consisting of the following members, namely:—constitution and composition of the council (d) seven members to be elected from amongst themselves by persons enrolled or any of the state medical registers who possess the medical qualifications included in part i of the third schedule; mode of election4 (1) an election under clause (b), clause (c) or clause (d) of sub-section (1) of section 3 shall be conducted by the central government in accordance with such rules as may be made by it in this behalf, and any rules so made may provide that pending the preparation of the indian medical register in accordance with the provisions of this act, the members referred to in clause (d) of sub-section (1) of section 3 may be nominated by the central government instead of being elected as provided therein [10] m c7 (1) the president or vice-president of the council shall hold office for a term not exceeding five years and not extending beyond the expiry of his term as member of the councilterm of office of president, vice-president and members(2) subject to the provisions of this section, a member shall hold office for a term of five years from the date of his nomination or election or until his successor shall have been duly nominated or elected, whichever is longer [10] m c(6) where the said term of five years is about to expire in respect of any member, a successor may be nominated or elected at any time within three months before the said term expires but he shall not assume office until the said term has expired 13 (1)(2) the medical qualifications granted to a citizen of india—(a) before the 15th day of august, 1947, by medical institutions in the territories now forming part of pakistan, and(b) before the 1st day of april, 1937, by medical institutions in the territories now forming part of burma, which are included in part i of the third schedule shall also be recognised medical qualifications for the purposes of this actrecognition of medical qualifications granted by certain medical institutions whose qualifications are not included in the first or second schedule(3) the medical qualifications granted by medical institutions outside india before such date as the central government may, by notification in the official gazette, specify which are included in part ii of the third schedule shall also be recognised medical qualifications for the purposes of this act, but no person possessing any such qualification shall be entitled to enrolment or on any state medical register unless he is a citizen of india and has undergone such practical training after obtaining that qualification as may be required by the rules or regulations in force in the country granting the qualification, or if he has not undergone any practical training in that country, he has undergone such practical training as may be prescribed(4a) a person who is a citizen of india and obtains medical qualification granted by any medical institution in any country outside india recognised for enrolement as medical practitioner in that country after such date as may be specified by the central government under sub-section (3), shall not be entitled to be enrolled on any medical register maintained by a state medical council or to have his name entered in the indian medical register unless he qualifies the screening test in india prescribed for such purpose and such foreign medical qualification after such person qualifies the said screening test shall be deemed to be the recognised medical qualification for the purposes of this act for that person(4b) a person who is a citizen of india shall not, after such date as may be specified by the central government under sub-section (3), be eligible to get admission to obtain medical qualification granted by any medical institution in any foreign country without obtaining an eligibility certificate issued to him by the council and in case any such person obtains such qualification without obtaining such eligibility certificate, he shall not be eligible to appear in the screening test referred to in subsection (4a):provided that an indian citizen who has acquired the medical qualification from foreign medical institution or has obtained admission in foreign medical institution before the commencement of the indian medical council (amendment) act, 2001, shall not be required to obtain eligibility certificate under this sub-section but, if he is qualified for admission to any medical course for recognised medical qualification in any medical institution in india, he shall be required to qualify only the screening test prescribed for enrolement on any state medical register or for entering his name in the indian medical register(4c) nothing contained in sub-sections (4c) and (4b) shall apply to the medical qualifications referred to in section 14 for the purposes of that section14 (1) the central government after consultation with the council may, by notification in the official gazette, direct that medical qualifications granted by medical institutions in any country outside india in respect of which a scheme of reciprocity for the recognition of medical qualifications is not in force, shall be recognised medical qualifications for the purposes of this act or shall be so only when granted after a specified date:provided that medical practice by persons possessing such qualifications— special provision in certain cases for recognition of medical qualifications granted by medical institutions in countries with which there is no scheme of reciprocity(b) shall be limited to the institution to which they are attached for the time being for the purposes of teaching, research or charitable work; and the indian medical register21 (1) the council shall cause to be maintained, in the prescribed manner a register of medical practitioners to be known as the indian medical register, which shall contain the names of the all persons who are for the time being enrolled on any state medical register and who possess any of the recognised medical qualifications 32 (1) power to make rules(2) every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each house of 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 expirty 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 make regulations33 the council may, with the previous sanction of the central government, make regulations generally to carry out the purposes of this act, and, without prejudice to the generality of this power, such regulations may provide for— (ma) the modalities for conducting screening tests under sub-section (4a), and under the proviso to sub-section (4b), and for issuing eligibility certificate under sub-section (4b) of section 13; rajya sabha————— a billfurther to amend the indian medical council act, 1956—————(shri ghulam nabi azad, minister of health and family welfare)gmgipmrnd—2014ls-(s4)—14082013

Parliament_bills

fbfbd589-5cc7-507f-9e38-eb33ceb23184

bill no v of 2018 the employment bill, 2018 a billto provide employment or means and resources for self-employment to at least one adult member of every family and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the employment act, 2018(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 notificationdefinitions2 in this act unless the context otherwise requires,—(a) "board" means the employment advisory board constituted under section 5; (b) "family" includes wife, husband and minor children; and (c) "prescribed" means prescribed by rules made under this act3 it shall be the duty of the central government to provide gainful employment to at least one adult member of every familycentral government to provide employment4 every unemployed person shall be entitled to receive monthly unemployment allowance at such rate as may be prescribed, till he is provided with gainful employmentgrant of unemployment allowances55 (1) the central government shall, by notification in the official gazette, constitute a board to be known as the employment advisory board for carrying out the purposes of this actconstitution of employment advisory board(2) the board shall consist of,—(a) a retired judge of the supreme court—chairperson;10(b) two representatives of the central government—members; (c) one representative from union ministry of labour and employment—member;(d) two persons having experience in labour laws, to be appointed by the central government in such manner as may be prescribed—members;15(e) one representative from the national institution for transforming india(niti) aayog—member;(f) one woman having experience in the field of empowerment of women and children, to be appointed by the central government—member; and(g) director - general of employment, union ministry of labour and employment member secretary;20(3) the board shall have at least three meetings in a quarter of the year: provided that the chairperson may call for a meeting at any time in consultation with the member-secretary as and when the circumstances warrant so (4) the salary and allowances payable to and other terms and conditions of service of chairperson and members of the board shall be such as may be prescribed256 the board shall,—functions of the board(a) identify fields and areas for generation of employment and forward the information to the central goverment;(b) collect data of unemployed persons in every district; (c) develop model for geneartion of self employment for unemployed youth;30(d) develop model for providing skill development and vocational training to youth;(e) encourage businessmen for generation of employment; and (f) undertake such other measures for generation of self-employment for unemployed youth as it considers necessary357 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the employment fund for carrying out the purposes of this actconstitution of employment fund(2) the central government and state governments shall contribute to the employment fund in such ratio as may be prescribed408 the central government shall, on the recommendation of the board, take steps topromote the interest of unemployed youth for getting employment or self-employment, through various measures in such measure or may be prescribedpromoting interest of unemployed youth9 the central government shall provide facilities or resources for self-employment to every family where it is not possible to provide employment to atleast one dependent member of that familycentral government to provide resources or facilities to dependent member of family510 the central government shall, after the appropriation made by parliament by law in this behalf, provide requisite funds for carrying out the purposes of this actcentral government to provide funds power to make rules11 (1) the central government may, by notification in the official gazette make rules for carrying out the purposes of this act10(2) every rule made under this act by the central government shall be laid before each house of the parliament, as soon as may be after it is made while it is in session, for a total period of thirty days which may comprise in one session or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both houses agree in making any such modification in the rule or both the houses agree that the rule should not be made, the rule shall, as the case may be; however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule15 statement of objects and reasonsunemployment is one of the biggest problems in india even after seventy-one years of independence, we have not been able to meet the challenge of providing employment to the massive unemployed youth although our country has progressed in many fields, yet it has failed to improve the generation of employment and job opportunities with two-thirds of 12 billion people in the age group of 35 year, india is the world largest youth population, something a challenge and an opportunity more than 30 per cent of india's youth are not in employment they are reeling under povertythere are a large number of families where there is not even a single earning member and most of them earn their livelihood by working as labourers, domestic servants, bonded labourers, etc majority of population lives below poverty line our country being a welfare state should take necessary steps to improve the lot of the people and formulate schemes and plans to eradicate poverty from the countrythe national sample survey office (nsso) round table was last held in 2011-12 and there is lot of confusion about the prevailing employment situation the focus of the government needs to shift to more spending on enhancing quality of education and vocational and skill training there is a need to improve india's track record on job creationit is proposed that at least one adult member of every family should be provided with employment and where it is not possible to provide employment, the government should encourage those who desire to set up their own business and improve their capability of increasing production, like handicraft artisans, carpenters, weavers, cottage industry so that they become self-sufficient and the family should be given all necessary facilities for decent and reasonable livinghence this billdr t subbarami reddy financial memorandumclause 3 of the bill provides that the central government shall provide employment to at least one adult member of every family clause 4 provides for payment of unemployment allowances to every unemployed person at such rate as may be prescribed till he is provided with gainful employment clause 5 provides for constitution of employment advisory board clause 7 provides for contribution of employment fund for carrying out the purposes of this bill clause 9 provides that the central government shall provide subsidy and all facilities or resources for self-employment to a family where it is not possible to provide employment clause 10 empowers the central government to provide funds for carrying out the purposes of this act the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india in implementing the provisions of the bill it is likely to involve an annual recurring expenditure of about rupees seven thousand crore from the consolidated fund of india a non-recurring expenditure to the tune of rupees four thousand crore is likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules to carry out the purposes of the act as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide employment or means and resources for self-employment to at least one adult member of every family and for matters connected therewith and incidental thereto————(dr t subbarami reddy, mp)

Parliament_bills

d5e73534-9cd1-5653-9a75-876812eb024b

bill no 214 of 2017 the constitution (amendment) bill, 2017 by shri bhairon prasad mishra, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 20172 in the seventh schedule to the constitution,—(i) in list i-union list, entry 56 shall be omitted;amendment of the seventh schedule5(ii) in list ii-state list, entry 17 shall be omitted; and(iii) in list iii-concurrent list, after entry 32, the following entry shall be inserted namely:—"32a regulation and development of inter-state rivers and river valleys 32b water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power" statement of objects and reasonslife is impossible without water all living beings including human, animals and plants need water for their survival therefore, it is desirable that requisite amount of water is available without any hindrance for drinking and irrigationaround ninety-seven per cent of the water on the earth is salty water and only three per cent is fresh water; slightly over two thirds of this fresh water is frozen in the form of glaciers and polar ice caps the remaining unfrozen fresh water is found mainly as ground waterground water is a renewable resource, yet the world's supply of ground water is steadily decreasing with the depletion of water table, most prominently in asia and north america it is still not clear that how much natural renewal balance of fresh water is available or whether ecosystem will be threatened for want of fresh water in near future the framework for allocating water resources to water users where such a framework exists is known as water rightsat present, water is a state subject and is considered as primary responsibility of the state governmentsthe bill seeks to amend the seventh schedule to the constitution with a view to transfer entry 56 of list-i union list and entry 17 of list-ii state list pertaining to 'regulation and development of inter-state rivers and river valleys' and 'water', respectively, to list-iii concurrent list so that the central government and the state governments concerned can also play their due role for regulation and development of inter-state rivers and conservation and sustainable use of water to meet the growing needs of the societyhence this billnew delhi;bhairon prasad mishranovember 28, 2017 annexureextract from the constitution of india list i-union list 56 regulation and development of inter-state rivers and river valleys to the extent to which such regulation and development under the control of the union is declared by parliament by law to be expedient in the public interest list ii-state list 17 water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of list-i ———— a billfurther to amend the constitution of india————(shri bhairon prasad mishra, mp)gmgipmrnd—2623ls(s-3)—12122017

Parliament_bills

26aa5487-6967-5419-bc13-89c172ffa9d6

bill no ix of 2009 the constitution (amendment) bill, 2009 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2009short title and commencement(2) it shall come into force, at once2 in the article 371-i of the constitution the following proviso shall be inserted, namely,—amendment of article 371-i5"provided that notwithstanding anything contained in this constitution or in any other law for the time being in force or in any judgement or order, the legislative assembly of goa shall be competent to enact any legislation—10(i) to regulate ownership and transfer of land in the state of goa in publicinterest and in the interest and on grounds of duration of residence in the state, social, economic and environment needs of the state, and such other public interest, as may be specified by the state by law;(ii) to regulate influx of migrants considering available resources speciallyland, water, power, etc and sanitation also and environmental aspects; and15(iii) to opt for any of the two types of panchayats from village, intermediateand district level statement of objects and reasonsland is becoming a scarce resource more particularly in small states land mafia as well as foreigners are landing in states like goa with tons of money buying huge areas creating social and economic chaos some of the buyers have the potential to buy a whole village in a smaller state like goa persons engaged in real estate in the country too, are resorting to similar purchases and disturbing the social fabric in the staterights existing under the constitution should not be so unfettered so as to change economic scenario of a smaller state particularly its villages, much to the disadvantage of the state and its people anti-social elements which become a part of such uncontrolled transaction are proving disastrous for a state like goa therefore, states have to be empowered to enact appropriate legislations to bring in restrictions on transfer of land and other immovable properties on grounds of duration of residence requirements in the state, social and economic needs of the state, environment and public interest, etc as may be specified by the lawsimilarly, in the state of goa, consisting of hardly 3,702 square meters of land with a population of roughly fourteen lakhs, increasing number of migrant population has reached to an unmanageable proportions while it is the fundamental right of every citizen under article 19 of the constitution to move freely throughout the territory of india, it is also the fundamental right of the others to live a decent life with basic amenities provided by the state in order to safeguard the basic rights of those goans and also non-goans who are settled in goa for a number of years, further inflow of population has to be regulated to avoid a virtual stampede in the near futurearticle 243b of the constitution provides for the constitution of the village, intermediate and district level panchayats in the state however, in a state like goa having smaller size of population less then twenty lakh this objective can not be achieved because an intermediate level panchayat can not be constituted by a state with a population not exceeding twenty lakh hence, it is felt that suitable amendments may be made in the constitution in order to make eligible even for the smaller state like goa to constitute intermediate level panchayat since there are provisions in the constitution which come in the way of achieving above objectives, special provisions are required to be made by amending article 371-ihence, this billshantaram laxman naik annexure extracts from the constitution of india$\phi\circ\phi$$\phi\circ\phi$$\phi\circ\phi$$\phi\circ\phi$$\phi\circ\phi$$\phi\circ\phi$$\phi\circ\phi$371-i special provision with respect to the state of goa— notwithstanding anything in this constitution, the legislative assembly of the state of goa shall consist of not less than thirty members$\phi\circ\phi$$\phi\circ\phi$$\phi\circ\phi$$\phi\circ\phi$$\phi\circ\phi$$\phi\circ\phi$$\phi\circ\phi$ rajya sabha———— a billfurther to amend the constitution of india————(shri shantaram laxman naik, mp)gmgipmrnd—2550rs(s-5)—03-07-2009

Parliament_bills

b2502b55-65fb-512e-b6e6-a3ead2560a5a

tothe cenrral industrial security force (ammjdlmfl') bill, 1983 (to be/as introduced in 10k 8abba) 1 - pa ge 4-, lj-n e 9,-!slr ":1nstallat1or;11 ~ "installations" 2 page 1', line 11,-!ql: "accountrement s" ~ "accoutrements" 3 page 17, line 1 from bottom,-!ol: "pri v11ages" read "pri vileges" new deu~i; ~rl1 11, 198~ raul no 41 of 1983 the central industrial security force (amendment) bul,1983 a billto amend the central industrial se,-urity fcwce act, 1968 be it enacted by parliament in the thirty-fourth year of the republic of india as follows:-short title and commencement, 1 (1) this act may be called the central industrial security force (amendment) act, 1983 5 (2) it shall come into force on such date as the central government may, by notification in the ofticial gazette, appoint amend ment ot long title 110 of 1968 2 in the central industrial security force act, 1968 {hereinafter referred to as the principal act), for the long title, the following long title shall be substituted, namely:-10 "an act to provide for the constitution and regulation of an armed force ~f the union for the better protection and security of industrial undertakings owned by the central government and certain other industrial undertakings and for matters connected therewith" 15 3 in section 2 of the principal act,-(a) in sub-section (1),-amend_ ment of section·2 (i) for clause (4), the following clauses shall be s"xb6tituted, namely:-, (4) "director-general" means the director-general of the force appointed \u\qersection 4; go (aa) "enrolled member of the force" means any subordinate officer, under officer or any other member of the force of a rank lower than that of an under officer; (ab) "force" means the central industrial security force constituted under section 3; 5 (ae) "force custody" means the arrest or confinement of a member of the force in accordance with rules made under this act;'; (ii) clause (d) shall be omitted; (iii) in clause (f), the words ", other than a supervisory 10 officer" shall be omitted; (iv) after clause (h), the following clause shall be inserted, namely:-i (ha) "subordinate officer" means a person appointed to the force as an inspector, a sub-inspector or an assistant 15 sub-inspector;'; i (v) after clause (i), the following clause shall be inserted, namely:- , (j) "under officer" means a person appointed to the force as a head constable, naik or lance naik'; 20 (b) for sub-section (2), the following sub-section shall be substituted, namely:-"(2) any reference in this act to a law which is not in force in any area shau, in relation to that area, be construed as a reference to the corresponding law, if any, in force in that area 25 4 in section 3 of the principal act,-amend ment 01 8ections (a) in sub-section (1), for the words "a force", the words "an armed force of the union" shall be substituted; (b) in sub-section (2), for the words "supervisory officers and members", the words "supervisory omeers, subordinate officers, under 30 oftlcers and other enrolled members" shau be substituted amend_ ment of section 4, 5 in section 4 of the principal act,-(a) for sub-section (1), the following sub-section shall be substituted, namely:- "(1) the central government may appoint a person to be 35 the director-general of the force and may appoint other persons to be inspectors-general, deputy inspectors-general, commandants, deputy commandants or assistant commandants of the force"; '(b) in sub-eection (2), for the expression "inspector-general", 40 tbe expression "director-genera!" shall -be substituted amendment of section 5 • in section 5 of the principal act, for the 'vords "appointment of members of the force shall rest with the inspector-general", the words "appointment of the enrolled members of the force shall rest with the d1rector-genel'al" shall be substituted 7 in section 6 of the principal act,-5 amend· ment of aeetion 8 (a) for sub-section (1), the following sub-section shall be substituted, namely:-"(1) every enrolled member ·of the force shall receive on his appointment a certificate in the form specified in the 8che-io dule, under the seal of the director-general or such other supervisory officer 8g the director-general may specify in this behalf, by virtue of which the person holding such certiftcate shall be vested with the powers of an enrolled member of the force"; ! j 5 (b) in sub-section (2), for the wor&!! "a member", the words "an enrolled member" shall be substituted 8 in section 7 of the principal act;~ amend ment of section 7 (a) for sub-section (1), the following sub-section shall be substituted, namely:-qo "(1) the superintendence of the force shall vest in the central government, and subject thereto and to the provisions of this act and of any rules made thereunder, the command, supervision and administration of the force shall vest in the director-general" ; q5 (b) in s'ub-section (2) ,-(i) for the words "a deputy inspector-general, chief security officer or security officer", the words "an inspector-general, a deputy inspector-general, a commandant, a deputy commandant or an assistant commandant" shall be substituted; 30 (ii) for the words "central government", the words "central government or the director-general" shall be substituted 9 tn section 11 of the principal act,-amend mentot section 11 (a) for sub-section (1), the following sub-section shall be substituted, namely:-35 "(1) any member of the force may, without any order from a magistrate and without a warrant, arrest--(i) any person who voluntarily causes hurt to, or attempts voluntarily to cause hurt to, or wrongfully restrains or attempts wrongfully to restratn, or assaults, threatens to assault, or uses, or threatens or attempts to use, criminal force to him or any other member of the force in the execution of his duty as such member, or with intent to prevent or· to deter him from discharging his duty as such member, or in consoquence of anything done or attempted to be done by him in the lawful discharge of his duty as such member; or (ii) any person who has been concerned in, or against whom a reasonable suspicion exists of his having been concerned in or who is found taking preca'utions to conceal his presence ~nder circumstances which afford rdson to believe that he is taking such precautions with a view to committing, 5 a cognizable offence which relates to property belonging to, or in the premises of, any industrial undertaking referred to in clauses (b) and (c) of section 10, or relates to the other installation, or to property in the premises of the other installations, referred to in those clauses; 10 (iii) any person who commits or attempts to commit a cognizable offence which involves or which is likely to involve imminent danger to the life of any person engaged in carrying on any work relating to any undertaking or installations referred to in clauses (b) and (c) of section 15 10"; i (b) in sub-section (2), the words "supervisory officer or" shall be omitted 10 after section 15 of the prfncipal act, the following section shall be inserted, namely:-20 insertion of new section 15a "l50a (1) no member of the force shall, without the previous sanction in writing of the central government or of the prescribed authority,-restrictions respecting right to form as-!lociation, etc (4) be a member of, or be associated in any way with, any trade union, labour union, political association or with any class 25 of trade unions, labour unions or political associations; or (b) be a member of, or be associated in any way with, any other society, institution, association or organisation that is not recognised as part of the force or is not of a purely social, recreational or religious nature; or 30 (c) communicate with the press or publish or cause to be published any book, letter or other document except where such communication or publication is in the bona fide discharge of his d'ilties or is of a purely literary, artistic or scientific character or is of a prescribed nature 35 explanation-if any question arises as to whether any society, institution, association or organisation is of a purely social, recreational or religious nature under clause (0) of this sub-section the decision of the central government thereon shall be final ' (2) no member of the force shall participate in, or address, 40 any meeting or take part in any demonstration organised by any body of persons for any political purposes or for s'uch other purposes as may be prescribed" 11 in section 18 of the principal act, for sub-sections 1(1) and (2), the following sub-sections shall be substituted, namely: -45 amencl ment of section 18 "(1) without prejudice to the provisions contained in section 8, every member of the force who shall be luilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by a supervisory officer, or who shall withdraw from the duties of his office without permission, or who, being abse1!)t on leave, fails, without reasonable cause, to report himself 5 for duty on the expiration of the leave, or who engages himself without authority in any employment other than his duty as a member of the force, or who shall be guilty of cowardice, may be taken into force custody and shall, on conviction, be punished with imprisonment for a term which may extend to one year 10 1011974 (2) notwithstanding anything contained in the code of criminal procedure, 1973, an offence punishable under this section shall be cognizable a!ld non-bailable i 2 of 1974 20 (2a) notwithstandi!}g anything contained in the code of cr1mi~ nal procedure, 1973, the central government may invest the com~ mandant with the powers of a magistrate of any class for the purpose of inquiring into or trying any offence committed by an enrolled member of the force and punishable under thi~ act, or any offence committed by an enrolled member of the force agairat the person or property of another member of the force: provided that-(i) when the offender is on leave or absent from duty; or (ii) when the offence is not connected with the offender's duties as an enrolled member of the force; or (uli) when it is a petty offence even if connected with the 25 offender's duties as an enrolled member of ,the force; or (iv) when, for reasons to be recorded in writing, it fs not practicable for the commandant invested with the powers of a magistrate to inquire into or try an offence, the offence may, if the prescribed authority within the limits of whose jurisdiction the offence has been committed so requires, be inquired into or tried by an ordinary criminal court having jurlsdlction in the matter" ! 12 in section 22 of the principal act,-(a) in sub-section (2) ,-amendment of ,ect1on 22 35 (i) in clauses (a), (b) and (c), the officers and" shall be omitted; words "s'ilpervilorj 45 (ii) after clause (g), the following clauses shall be inse1'ted namely:-"(gg) regulating matters with respect to force eustody under this act including the procedure to be followed for taking persons into such custody; (ggg) regulating matters with respect to ~isposal of cases relating to ottences under this act and specifying the places in which persons convicted under this act may be confined;"; (iii) in clause (h), the words "supervisory ofticers and" ihall be omitted; (iv) in clause (i), after the word "prescribed", the words "or in respect of which rules are required to be made under this act" shall be ij1gerted j (b) in sub-section (3), for the words "or in two successive sessions, and if before the expiry of the session in which it is so laid 5 or the session immediately following,", the words "or in two or more successive sessions, and if, before the expiry of the seqiion immediately following the session or the successive sessions aforesaid," shall be substituted 13 the amendments directed in the schedule (being amendments of 10 a consequential nature) shall be made in the principal act consequential amend ments provl sions al to exist ingfex-ce " if (1) the force consti'i:uted under the principal act as functioning immediately before the commencement of this act (hereafter in thjs section referred to as the existing force) shall, on such commencement, be deemed to be the force constituted under the principal act al 15 'amended by this act, and every member of the existing force holding immediately before such commencement an office mentioned in column ,(1) of the table below shall, on such commencement, be deemed to have been appointed to the office mentioned in the corresponding entry in column (2) of the said table 20 (2) (1) commandant 1 chief security officer 2 deputy chief security officer deputy commandant assistant commandant 3 security officer 4 head security guard 5 senior security guard 6 security guard head constable naik constable --------------------(2) notwithstanding anything contained in sub-section (1) , any so member of the existing force may, within thirty days from'the com-,jqellcement of this act, exercise his option by notice in writing to the director-general-(a) if such member had been on deputation to the existing force from any other service, to revert to such other service, and 35 (b) in any other case, to retire from service, and an option so exercised shall be final, and a member exercising 6"lch option shall be permitted, within thirty days from the date on which he exerci6essuch option to revert to the service from which he had been on deputation or, as the case may be, to retire from service 40 ea-planation-for the purposes of this section, the exprelliod "member" includes an officer, and the expression "dtrectoroogeneral" bhal:! have the same meaning as in the principal act as amended by thil act consequential amendments1 section 8-fot "member", at both the places 'where it occurs, substitute "enrolled member"' 2 section 9-1n sub-section (1), for "member", substitute "enrolled member" 3 section 10-0init "supervisory officer and" 4 section 12-(a) in sub-section (1), omit "any supervisory officer, or"; (b) in sub-section (2), for "code of criminal procedure, 1898", substitute iccode of criminal procedure, 1973" 5 of 1898 2 crt 1974 5 section 13-0mit "supervisory officer or" 6 section 14- (a) for "inspector-general", wherever it occurs, $1lbstitute "director-general"; (b) in sub-section (1) ,-(i) omit "supervisory officers and"; (m) omit "officers and"; (c) in sub-6ection (2), omit "officers and", wherever they occur; (d) in sub-section '(3), omit "officer and" 7 section 15- (a) in &1lb-section (1), omit "supervisory officer and"; (b) in sub-section (2), omit "supervisory officer or" 8 section 17-(a) in sub-section (1), for "a member", substitute "an enrolled member"; (b) in sub-section (3), fat "insp-etcor-general", substitute "director-general" 9 section 19-0mit "supervisory officers and" 10 section 21-0mit "supervisory officer or", wherever they occur 11 the schedule-fot "a member", at both the places where they occur, substitute "an enrolled member", the central industrial security force has been constituted under the central industrial security force act, 1968 with the object of providing for the better protection and security of industrial undertakings owned by the central government, as well as those in public sector this force has now been in existence for a period of about 13 years during this period, the sanctioned strength of the force has grown from about 2,000 to about 49,000 officers and men and the force is at present deployed in 115 industrial 'undertakings the respoqsibilities of the force have also grown jlreatly in magnitude as well as complexity the" force is today concerned interr alia with providing security to highly sensitive undertakings like the installations of department of space, department of atomic energy, oil refineries, petro-chemical plants, steel plants and major ports the security of these installations has a bearing not only on economic and industrial growth but also on the security and defence of the country in view of these circumstances and also based on actual experience of the working of the force, an urgent need has been felt for makin~ the force an armed force of the union and for giving some additional powers for dealing with the problems of security of the industrial undertakin~ it is therefore proposed to amend the central industrial security force act to convert the force into an armed force of the union and to make it a more effective instrument for providing security to vital industrial undertakings 2 the following are principal features of the bi1l:-(a) the force will be made an armed force of the union and consequential changes made in the rank, structure and nomenclature of the force (clauses 2, 3, 4, 5, 6, 7, 8 and 13 of the bill) (b) power of the members of the force to arrest without warrant is being extended so as to cover assaults use of criminal force, wrongful restraint and voluntarily causing hurt to members of the force this promion broadly covers offences under section 353 !pc (assault on public servant in discharge of duties) and section 332 !pc (voluntarily causing hurt to a public servant in discharge of duties) power to arrest withou~ warrant is also heing extended to cover offences ar,(ainst property which may be lying in the premises of an industrial undertaking or installation similarly power to arrest without warrant has been extended to cognizable offences involving imminent danger to the life of persons engaged in carrying on the work of the undertaking (elaule 9 of the bill) i (c) restrictions have been proposed on the right to form association on the lines of similar restrictions in other anned forces of the union (clause 10 of the bill) (d) punishment for offences which may be committed by members of the force, such as violation of duty, wilful breach of rules, regulations, lawful orders, cowardice, etc, has been enhanced from six months to one year a provision has been made for investment of powers of a magistrate on the commandant for inquiring into or trying such offences under certain clreumstanctll (clause 11 of the bill) 3 the bill seeks to achieve the above objects n£w di:lm; p c sethi th 17th february, 1983 clause 5 of the bill seeks to substitute for sulhlection (1) of section 4 of the central industrial security force act, 1968, a new sub-section which provides for the appointment of a director-general, inspectors-general, deputy inspectors-general, commandants, deputy commandants and assistant commandants of the force the intention is not to create any new posts and it is only proposed to re-designate the existing posts in view thereof, the provisions of the bill, if enacted and brought into operation, would not involve any expenditure from the consolidated fund of india the bill s~eks to convert the central industnal security force into an armed force of the union as a sequel thereto, sub-section (2a), as proposed to be inserted in section 18 of the principal act by clause 11 of the bill, provides, as in the other laws relating to armed forces for the inquiry into, and trial of, offences committed by enrolled members of the force by commandants the proviso to the said new sub-section (2a) empowers the prescribed authority to require ordinary criminal courts to deal with offences by enrolled members falling under the categories mentioned in the proviso the rules under the act wid have to provide as to who will be the prescribed authorities for the purpose of the proviso 2 new clause (ggg) as proposed to be inserted in sub-section (2) of section 22 of the principal act by clause 12(a) (ii) of the bill seeks to empower the central government to make rules regulating the matters with respect to the disposal of cases relating to offences 'wlder the act and specifying the places in which persons convicted under the act may be confined 3 new clause (gg) as proposed to be inserted in sub-section (2) of section 22 of the principal act hy clause 12 (a) (ii) of the bill seeks to empower the central government to make rules regulating the matters with respect to force-custody under the act including the procedure to he followed for taking persons into such custody provisions by way of force-custody are also consequential to the conversion of the central industrial security force into an armed force of the union 4 the matters in respect of which rules may he made under the aforementioned provisions pertain to ptocedure or matters of detail and the delegation of legislative power is of a normal character annexureex'l'rac'l's from 1"he central industrial secubrry forc& a~ 1_ (50 01' 1968) ' - - - - an act to provide for the constitution and regulation of a force called the central industrial security force for the better protection and security of certain industrial undertakings - - - - - 2 (1) in this act, wess the context otherwise requires,-dejlnitiodll (a) "force" means the central industrial security force constituted under section 3; - - - - - (d) "inspector-general" means the inspector-general of the force appointed under section 4; - - - - - (f) umember of the force" means a person appointed to the force under this act, other than a supervisory oftlcer; - - - - - (2) any reference in this act to a law which is not in force in the state of jammu and kashmir shall, in relation to that state, be construed as a reference to the corresponding law, if any, in force in that state constitutionofthe force 3 (1) there shall be constituted and maintained by the central government a force to be called the central industrial security force for the 'better protection and security of industrial undertakings owned by that government (2) the force shall be constituted in such manner, shall consist of such number of supervisory officers and members of the force who shall receive such pay and other remuneration 88 may be prescribed 4 (1) the central govenunent may appoint a person to be the inspector-general of the force and may appoint other persons to be deputy inspectors-general, chief security oftlcers or security omeara of the force | appoint ||-------------|| mentadd || powers || of || mper- || visor")' || ofbcerl |(2) the inspector-general and every other supervisory oftlcer 110 appointed shall have, and may exercise, such powers and authorlt,-u 11 provided by or under this act 5 the appointment of members of the fotce shall rest with the inspector-general who shall exercise that power in accordance with rules made under this act: appointmento! memberl of the force provided that the power of appointment under this section may also be exercised by such other supervisory officer as the central government may by order specify in this behalf g • (1) every member of the force shall receive on his appointment a certificate in the form specilled in the schedule, under the seal of the inspector-general or such other supervisory officer as the inspector-general may specify in this behalf, by virtue of which the person holding such certihcate shall be vested with the powers of a member of the force ce,rlificates of members of the foil'ce (2) such certificate shall cease to have effect whenever the person ramed in it ceases for any reason to be a member of the ]force ' 7 (1) the superintendence of the l!'orce shall vest in the central government, and subject thereto the administration of the force shall vest in the lnspector-general and shall be carried on by him jll accordance with the provisions of t~ act and of any l'wes made thereunder superin tendence and ad ministration of the force (~) subject to the provisions of sub-section (1), the awuinistralloll of the ,ii'orce within such local limi16 as may be ,prescrlbed shall be carried on by a deputy inspector-general, cl-uei security oflicer or sec'uiity officer ill accordance with the provisions of this act and of any rules made thereunder and every supervisory officer placed in charie of the protection and security of an mdustrial undertaking shall, subject to any directions that may be given by the central governraent iii this behal1, discharge his 1unctions under the general supervision, direction and control of the managing director of that undertaking ~i subject to the provislons of article 311 of the constitution and to such rules as the central government may make under ihis act, any supervisory ofiiool' may-dis_ missal, removal etc, of members of the force (i) dismiss, suspend or reduce in rank any member of the e'orce whom he thinks remiss or negligent in the discharge of his duty, or unfit for the same; or (ii) award anyone or more of the fol!owiilg pwlishments to any member of the force who discharges his duty in 'a careless or negligent manner, or who by any act of his own renders himself unfit for the discharge thereof, namely:-(a) fine to any amount not exceeding seven days' payor reduction in pay scale; (b) drill, extra guard, fatigue or other duty; (c) remov8l from any office of distinction or deprivation of any special emolliment appeal and revision 9, (1) any member of the force aggrieved by an order made under section 8 may, within thirty days from the date on which the order is communicated to him, prefer an appeal against the order to such authority as may be prescribed, and subject to the provisions of sub-section (3), the decision of the said authority thereon shall be final: provided that the prescribed authority may entertain the appeal after the expiry of the said period of thirty days, if it is satis1led that the appell"ant was prevented by sufficient cause trom filing' the appeal in time - - - duties of 10 it shall be the duty of every supervisory officer and member of the force-~embers of the force (a) promptly to obey and execute all orders lawfully issued to him by his superior authority; (b) to protect and 'safeguard the industrial undertakinlj$ owned by the central government together with such other installations as are specified by that government to be vital for the carrying on of work in those undertakings, situate within the local limits of his jurisdiction : w provided that befote any installation not owned or controlled by the central government is so specified, the central government shall obtain the consent of the government of the state in which such installation is situate (c) to protect 'and safeguard such other industrial undertakings and installations for the protection and security of which he 1s deputed under section 14; (d) to do any other act conducive to the better protection and security of the industrial undertakings referred to in clauses (b) and (c) power to arrest without warrant 11 (1) any supervisory officer or member of the force may, 'without any order from a magistrate and without a warrant, arrest any person who has been concerned in, or against whom a reasonable sulpicion exists of his having been concerned in, or who is :found taking precautions to conceal his presence under circumstances which afford reason to believe that he is taking such precautions with a view to committing, a cognizable offence relating to,-(i) the property belonging to any industrial undertaking, or (ii) the other installations, referred to in clauses (b) and (c) of section 10 (2) if any person is fo'llnd trespassing on the premises of any industrial undertaking referred to in clauses (b) and (c) of section 10, be may, without prejudice to any other proceedings which may be taken again~ him, be removed from such premises by any supervisory officer or member of the force power-to aeareh without wan:ant 12 (1) whenever any supervisory officer, or any member of the force, not below the· prescribed rank, bas reason to believe that any such offence as is referred to in section 11 has been or is being committed and that a search warrant cannot be obtained without affording the offender an opportunity of escaping or of concealing evidence of the offence, he may detain the offender and search his person and belong ings forthwith and, if he thinks proper, arrest any person whom he baa reason to believe to have committed the oftence (2) the provisions of the code of criminal procedure, 1898, miating tp searches under that code shall, so far a$ may be, apply to searches under this section 13 any supervisory officer or member of the force making an procedure to be followed after arrest arre~t under this act, shall, without unnecessary delay, make over the person so arrested to a police officer, or, in the absence of a police officer, take,such person or cause him to be taken to the nearest police station together with a report of the circumstances occasioning the arrest deputa - tion of the force to industrial undertakinll inpubue eector 14(1) subject to any general directions which may be issued by the central government, it shall be lawful for the inspector-general, on a request received in this behalf from the managing director concerned of an industrial undertaking in public sector, showing the necessity thereof, to depute such number of supervisory officers and members of the force as the inspector-general may consider necessary for the protection and security of that industrial undertaking and any installations attached thereto and the officers and members of the force 10 deputed shall be at the charge of the managing director: provided that in the case of an undertaking, owned, controlled or managed,-(i) by a government company of which the central government 1s not a member; (u) by a corporation established by or under a provincial or state act, no such request shall be entertained unless it is made with the consent of the government of the state in which the undertaking is situate (2) if the inspector-general is of the opinion that circumstances necessitating the deputation of the officers and members of the force in relation to an industrial undertaking under sub-section (1) have ceased to exist, or for any other reason it is necessary so to do, he may, after informing the managing director of that industrial undertaking, withdraw the otbcers and members of the force so deputed: provided that the managing director may, on giving one month's notice in writing to the inspector-general require that the officers and members of the force so deputed shall be withdrawn, and the managing director shall be relieved from the charge from the date of expiration of such notice or from any earlier date on which the force is so withdrawn <s) every ofbcer and member of the force, while discharging his filnctions during the period of deputation, shall continue to exercise the same powers and be subject to the same responsibilities, discipline and penalties as would have been applicable to him under this act, if he had been discharging those functions in relation to an industrial undertajdn, owned by the central government 15 (1) every supervisory officer and member of the force shall, for the purpose of this act, be considered to be always on duty, and shall, at any time, be liable to be employed at any place within india (2) save as provided in section 14, no supervisory officer' or member of the force shall engage himself in any employment or office other than his duties under this act - - - - - omeera and members of the force to be consi· deredal wayson du'tyand liable to be em ployed anywhere in india 17 (1) every person who for any reason ceases to be a member of the force, shall forthwith surrender to any supervisory officer empowered to receive the same, his certificate of appointment~ the arms, accountrements, clothing and other articles which have been furnished to him for the performance of duties as a member of the force ' - - - - surrenderat certificate, arms, etc, by persons ceasing to be members of the force (3) nothing in this section shall be deemed to apply to any article which, under the orders of the inspector-general, has· become the property of the person to whom the same was furnished penalties for neglect of duty, etc 18 (1) without prejudice to the provisions contained in section 8, every member of the force who shall be guuty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made by a supervisory officer, or who shall withdraw from the duties of his oftice without permission, or who, being absent on leave, fails, without reasonable cause, to report himself for duty on the expiration of the leave, or who engages' himself without authority in any employment other than his duty as a member of the force, or who shall be guuty of cowardice, shall, on conviction, be punished with imprisonment for a term which may extend to six months 1011_ (2) notwithstanding anything contained in the code of criminal procedure, 1898, an offence punishable under this section shall be cognizable - - - - - 19 the police (incitement to disaffection) act, 1922, shall apply to supervisory officers and members of the force as it applies to members ofa police force - - - - - application of act 22 of 1922 to oblcers andmemberlof tilej'oree 21 (1) in any suit or proceeding against any supervisory oftleer or member of the force for any act done by him in the discharge of bt duties, it shall be lawful for him to plead that such act was &me by him under the orders of a competent authority pr0tection of aetsof officers andmem hers of the force (2) any such plea may be proved by the production of the order directing the act, and if it is so proved, the supervisory ofticer or member 01 the force shall thereupon be discharged from any liability in respect of the act so done by him, notwithstanding any defect in the jurisdiction of the authority which issued such order (3) notwithstanding anything contained in any other law for the time being in force, any legal proceeding, whether civil or criminal, which may lawfully be brought against any supervisory officer or member of the force for anything done or intended to be done under the powers conferred by, or in pursuance of, any provision of this act or the rules thereunder shall be commenced within three months after the act complained of shall have been committed and not otherwise; and notice in writing of such proceeding and of the cause thereof shall be given to the person concerned and his supervisory officer at least one month before the commencement of such proceeding 2% (1) - - - power to make rules (2) in particular, and without prejudice to the generality of the forego;ng powers, such rules may provide for-(a) regulating the classes, ranks, grades, pay and remu leration of supervisory officers and members of the force and their conditions of service in the force; (b) regulating the powers and duties of supervisory officers and members of the force authorised to exercise any functions by or under this act; (e) fixing the period of service for supervisory officers and members of the force; - - - - - (h) the terms and condition's subject to which supervisory officers and members of the force may be deputed under section 14 and the charges therefor; and (i) any other matter which has to be, or may be, prescribed - - (3) every rule made under this section shall be laid as soon as may be after it is made before each house of parliament while it is in session for a total period of thirty days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejud;ce to the validity of anythmg previously done under that rule - - the schedule (see section 6)ab has been appointed a member of the central industrial ~ecurity force under the central industrial security force act, 1968, and is vested with the powers, functions and privilages of a member of the force a billto amend the central industrial security force act, 1968 (shri p c sethi, minister of home affairs)

Parliament_bills

ef37c3ac-e528-5f2a-b216-5880fece3a11

bill 'no 100 of 1989 the constitution (sixty-third amendment) bill, 1989 a billfurther to amend the constitution of india be it enat:ted by parliament in the fortieth year of the republic of india as follows: - 1 (1) this act may be called the constitution (sixty-third amendment) act, 1989 short titieand commence_ ment 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2 in article 356 of the constitution in clause (5), the proviso shall be omitted amendmentot article 356 3 article 3fi9a of the constitution shall be omitted omission ot article 359a statement of objects and reasons, the constitution (fifty-ninth amendment) act, 1988 was passed in march, 1988, making certain changes in regard to making a proclamation of emergency in punjab and to the duration of president's rule in that state i 2 on reconsideration, the government is of the view that there is no need for the special powers in regard to the proclamation of emergency in punjab as envisaged in the amendment it is also considered that the ameqsiment to article 356 made by the said act is no longer needed it is, therefore, considered that the amendments made by the aforesaid act should be repealed 3 as regards president's proclamation issued on 11-5-1967 under clause (1) of article 356 of the constitution, this has been approved by both the houses of parliament in october, 1989 4 the bill seeks to achieve the above objects new delhi; mufri mohammed sayeed the 28th december, 1989: i 7···· - - - part xviii - emergency provisions - - - - 3m (1) if the president, on receipt of a report from the governor of a state or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of this constitution, the president may by proclamation-provi sions in case of failul'e ot constitutional machineryin states (a) assume to himself all or any of the functions of the government of the state and all or any of the powers vested in or exercisable by the governor or any body or authority in the state other than the legislature of the state; (b) declare that the powers of the legislature of the state shall be exercisable by or under the authority of parliament; (c) make such incidental and consequential provisions as appear , to the president to be necessary or desirable for giving effect to the objects of the proclamation, including provisions for suspending in whole or in part the operation of any provisions of this constitution relating to any body or authority in the state: provided that nothing in this clause shall authorise the president to assume to himself any of the powers vested in or exercisable by a high court, or to suspend in whole or in part the operation of any provision of this constitution relating to high courts (2) any such proclamation may be revoked or varied by a subsequent proclamation i (3) every proclamation under this article shall be laid before each house of parliament and shall except where it is a proclamation revoking a previous proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both houses of parliament: provided that if any such proclamation (not being a proclamation re· voking a previous proclamation) is issued at a time when the house of the people is dissolved or the dissolution of the house of the people takes place during the period of two months referred to in this clause, and if a resolution approving the proclamation has been passed by the council of states, but no resolution with respect to such proclamation has been passed by the house of the people before the expiration of that pe,riod 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 proclamation has been also passed by the house of the people (4) a proclamation so approved shall, unless revoked,cease to operate 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 foree 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 approving 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 proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such proclamation shall not be psssed by either house of parliament unless-, (a) 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 elpctions to the legislative assembly of the state concerned: provided that nothing in this clause shall apply to the proclamation issued under dause (1) on the 11th day of may, 1987 with respect to the state of punjab - - - 35ia, notwithstanding anything in this constitution, this part -shall, in relation to the state of punjab, be subject to the following modiflcations, namely:-(it) in article 3a2,-tioft of this part to the stat! of punjab (i) in clause (1) ,-(a) for the opening portion, the following shall be substituted, namely:-"if the president is satisfied that a grave emergency exists wherebyany part of whether by rebellion; (a) the security of india or of the territory thereof is threatened, war or external aggression or armed or (b) the integdty of ' india is threatened by internal disturbance in the whole or any part of the territory of punjab, he may, by proclamation, make a declaration to that effect in respect of he whole of punjab or of ~uch part of the terr~ thereof as may be specified in the proclamation, '; , 1o!i)il1 )() ij"ijijht1-ruo 'jljj bn',fo,; oj 'hdr'wl (b) in the explanati<jln,-(1) after the words "armed rebellion", the words' ", or that the integrity of india is threatened by internal disturbance in the whole or any part of the territory of punjab," shall be inserted: (2) after the words "or rebellion", the words "or disturbance" shall be inserted; (ii) in clause (9) after the words "armed rebellion", at both the places where they occur,· the words "or internal disturbance" shall be inserted;--(b) in article 358, in clause (1) after the words "or by external aggression", the words "or by armed rebellion, or that the integrity of india is threatened by internal disturbance in the whole or any part of the territory of punjab" shall be inserted; (c) in article 359, for the words and figures "articles 20 and 21", at both the places where they occur, the word and figures "article 20" 'shall be substituted, '" '" '" (shri ;wujti mohammed sayeed, minister of home affairs)

Parliament_bills

55ec40f3-0bb2-5599-ba70-269eb4a7a91f

bill no 212 of 2016 the central agricultural university (amendment) bill, 2016 a billfurther to amend the central agricultural university act, 1992be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—short title1 this act may be called the central agricultural university (amendment) act, 201640 of 1992amendment of section 252 in the central agricultural university act, 1992 (hereinafter referred to as the principal act), in section 2, in clause (l), after the word "mizoram,", the word "nagaland," shall be insertedamendment of section 63 in section 6 of the principal act, in sub-section (l), after the word "mizoram,", the word "nagaland," shall be inserted statement of objects and reasonsthe central agricultural university act, 1992 was enacted for the establishment and incorporation of a university for the north- eastern region for the development of agriculture and for the furtherance of the advancement of learning and prosecution of research in agriculture and allied sciences in that region2 however, the definition of "north-eastern region" and the jurisdiction of the central agricultural university under the said act did not cover the state of nagaland therefore, it has been decided to amend the central agricultural university act, 1992 so as to include the state of nagaland under the jurisdiction of the central agricultural university, having its headquarters at imphal3 the proposed amendments will extend the benefit of facilities provided by the central agricultural university for the development of agriculture and for the furtherance of the advancement of learning and prosecution of research in agriculture and allied sciences to the state of nagaland as being done to the other north-eastern states4 the bill seeks to achieve the above objectsnew delhi; radha mohan singhthe 29th july, 2016 lok sabha———— a billfurther to amend the central agricultural university act, 1992————(shri radha mohan singh, minister of agriculture and farmers welfare)gmgipmrnd—2051ls(s3)—01082016

Parliament_bills

1570cd15-6261-5288-980c-e673255add1f

bill no ci of 2006 the child marriage (abolition) and miscellaneous provisions bill, 2006 a billto provide for abolition of child marriages and for compulsory registration of all marriages and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the abolition of child marriage and miscellaneous provisions act, 2006short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force at oncedefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "child" means a person who has not attained the age of eighteen years;10(c) "child marriage" means a marriage to which either of the contracting partiesis a child;(d) "prescribed" means prescribed by rules made under this act3 (1) child marriage is hereby abolished(2) no person shall marry his or her children below the age of eighteen yearsabolition of childmarriageregistration of marriages4 (1) all the marriages solemnized in the country after the commencement of this actshall be registered within a fortnight of the solemnization of marriage in such manner as may be prescribed(2) it shall be the responsibility of the parents to get the marriage of their children registered with the designated authorityauthority for registration of marriages5 the appropriate government shall, by notification in the official gazette, designatean authority or an officer for registration of marriages, where no such authority or office exists in each district within its jurisdiction6 after the registration of marriage under the provisions of this act, a marriage certificate shall be issued to the parents giving such details as may be prescribedcertificate of marriage registrationpenalty7 (1) whoever contravenes the provisions of this act shall be punishable withimprisonment for a term which may extend to one year and a fine which may extend to one lakh rupees(2) marriages solemnized in contravention of the provisions of this act shall,—(a) be void; and (b) not be registered; and (c) debar the person from the benefits of various schemes of the appropriate governmentoverriding effect of the act8 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force, but save as aforesaid, the provisions of this act shall be in addition to and not in derogation of any other law for the time being applicable to marriagespower to make rules9 the central government may, by notification in the official gazette, make rules forcarrying out the provisions of this act statement of objects and reasonschild marriages have been prevalent in various parts of the country for a long time because people have no knowledge of the implications of such marriages the parents of the children usually think that a girl is not safe in their houses after a certain age and because of which, their honour and lives are always at danger due to the economic progress and awareness many people have started changing their minds but due to poverty and ignorance many perform such marriages which are harmful and affect the physiological, psychological and emotional development of their children the early marriage also has several health complications and contributes to the rising population the government has, recently, abolished the child labour in the country, therefore, it will be in the fitness of things that the child marriages are also completely abolished so that children are properly looked after and provided education for their development alongwith the abolition of the child marriages, registration of all the marriages performed in the country should also be made compulsory as children of today are future for tomorrow, child marriages should be discouraged and at the same time it is also necessary that parents who indulge in such a practice are punished with fine and imprisonmenthence this billshobhana bhartia memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purpose of the bill these rules will relate to matters of details only the delegation of legislative power is, therefore, of a normal character———— a billto provide for abolition of child marriages and for compulsory registration of all marriages and for matters connected therewith or incidental thereto ————(shrimati shobhana bhartia, mp)mgipmrnd—4141rs(s3)—8-12-2006

Parliament_bills

bcdc6a4d-5bff-5fa2-addf-9434fd239286

bill no 123 of 2009 the sculptors, artists and artisans of rural areas welfare bill, 2009 byshri g s basavaraj, mp a billto provide for the welfare of sculptors, artists and artisans in rural areas and for matters connected therewithbe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the sculptors, artists and artisans of rural areaswelfare act, 2009short 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,—10(a) "artisan" means any person engaged in making useful, decorative or artisticitems manually from leaves or weeds or bamboo or any other material by traditional means in rural areas for earning his livelihood;(b) "artist" means any person who earns his livelihood by performing arts including music, dance, drama, play, singing to entertain public or displaying of his paintings or artistic skill to public in rural areas;(c) "board" means the national sculptors, artists and artisans of rural areas welfare board set up under section 4;5(d) "fund" means the national scupltors, artists and artisans of rural areas welfare fund set up under section 3;(e) "prescribed" means prescribed by rules made under this act; and10(f) "sculptor" means any person engaged in carving of statues or making of decorative pieces or any other useful items from clay, cement, stone or any other material in rural areas for earning his livelihood 3 (1) the central government shall set up a fund to be known as the national sculptors, artists and artisan welfare fundsetting up of the sculptors, artists and artisan welfare fund(2) the central government and state governments shall contribute to the fund in such proportion, as may be prescribed154 (1) the central government shall set up a board to be known as the national sculptors, artists and artisans of rural areas welfare board(2) the board shall consist of following members, namely,—(a) the union textile minister who shall be its chairman, ex-officio;20setting up of national sculptors, artists and artisans of rural areas welfare board(b) five members representing the non-governmental organisations working for the welfare of sculptors, artists and artisans in rural areas, to be appointed by the central government; and(c) five members representing the sculptors, artitsts and artisans in rural areas, to be appointed by the central government25(3) the salary and allowances payable to, and other terms and conditions of service of, members of the board shall be such as may be prescribed by the central governmentfunctions of the board5 (1) the board shall administer the fund for the welfare of sculptors, artists and artisans of rural areas(2) without prejudice to the generality of the foregoing provision, the fund shall also be used for,—30(a) payment of compensation to the next of kin of the sculptors, artists and artisans in the event of death during work;(b) payment of premium for life insurance;| ( | c | ) payment of old age pension; ||---------------------------------------------------------------------------|-----|---------------------------------------------------------------------------------|| 35 | | || ( | d | ) payment of disability allowance; || ( | e | ) provision of free health care facility to sculptors, artists and artisans and || their family members; | | || ( | f | ) housing facility at subsidized rate; and || 40 | | || ( | g | ) financial assistance for sculptors, artists and artisans production and || marketing of their products and organization and advertisement of events | | |power to make rules6 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive session aforesaid, both houses agree in making any modifications in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule5 statement of objects and reasonsthe sculptors, artists and artisans working in the rural areas are living in a miserable condition the benefits of development have not reached them in the age of globalisation and information technology, it has become very difficult for these people to earn their livelihood several generations of these sculptors, artists and artisans have spent their whole life to keep alive these traditional arts and for providing other useful articles and entertainment to the community despite public recognition, these people are not able to meet the both ends due to meagre incomein rural areas, the traditional folk arts are popular means of entertainment but with the invasion of television, it is increasingly becoming difficult for them to earn their livelihood even today, these people are engaged in preserving our traditional art government should come forward to provide assistance to these folk artists so that they can lead a dignified lifein view of the miserable condition of these artists, it is the duty of the government to provide social security and other financial assistance to them by formulating and implementing appropriate policies for their welfarethe bill seeks to achieve the above objectivesnew delhi;g s basavarajnovember 16, 2009 financial memorandumclause 3 of the bill provides for setting up of a fund to be known as the national fund for the welfare of sculptors, artists and artisans in the rural areas clause 4 of the bill provides for setting up of a board to administer the national fund for the welfare of sculptors, artists and artisans in the rural areastherefore, the bill, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of rupees five hundred crorea non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the puposes of the billas the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for the welfare of sculptors, artists and artisans in rural areas and for matters connected therewith————(shri gs basavaraj, mp)gmgipmrnd—5108ls(s5)—08-12-2009

Parliament_bills

7916bcfe-0322-5cab-87c8-6200aa80b8ec

bill no 185 of 2018 the merchant shipping (amendment) bill, 2018 bydr a sampath, mp a billfurther to amend the merchant shipping act, 1958be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called as the merchant shipping (amendment) act, 2018short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint88a(a) the existing clause (a), shall be renumbered as clause (aa), and before the clause (aa) so as renumbered, the following clause shall be inserted, namely:—"(a) 'board' means the national welfare board for seafarers constituted under section 218;"; (b) after clause (aa) so as renumbered, the following clause shall be inserted, namely:—''(ab) "fund" means the seafarers welfare fund constituted under section218b;"; and (c) for clause (d), the following clause shall be substituted, namely:—5 10"(d) "seafarer" means any person who is employed or engaged or works in any capacity on board a sea going ship and includes cadets, trainees, serang (bosun), machinist, fitter, able body seamen (helm's man, sukhani, quarter master) ordinary seamen (seamen 1, seamen 2), oilers (motor man, donkey greaser, err1, err 2) catering saloon staff (ch/cook, 2nd cook, crew cook) employed or engaged in any shipping companies for hire or reward to do any work relating to transporting goods and passengers or both, but does not include—(i) any person in officer rank; (ii) the employment or engagement on work on board in any capacity of any person in a ship of war; or15(iii) any government ship used for military or non-commercial purposes"3 in section 218 of the principal act—amendment of section 21820(a) in sub-section (1), after clause (d), the following clauses shall be inserted, namely:—"(e) the administering of the fund constituted under section 218b";(b) after sub-section (1), the following sub-sections shall be inserted, namely:—"(1a) the board shall consist of—(a) the union minister of shipping, ex-officio chairperson;(b) ten members representing seafarers;25(c) one member each from shipping corporation of india and ship owners association (insa); and(d) two members from ship managers association (maasa)30(1b) the central government shall appoint the members referred to in clauses (b), (c) and (d) of sub-section (1a) in such manner as may be prescribed(1c) the central government shall provide to the board such number of officers and staff as may be required for its efficient functioning35(1d) the salary and allowances payable to and other terms and conditions of service of chairperson, members, officers and staff of the board shall be such as may be prescribed"4 after section 218a of the principal act, the following sections shall be inserted—"218b (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the seafarers welfare fund for carrying out the purposes of this act40(2) the fund shall consist of contributions from central government, shipping corporation of india and any other private shipping companies who hire and engage indian seafarers on vessels transporting goods and passengers in indian and foreign waters(3) the fund shall be utilized for—(a) payment of pension of the seafarers;(b) compensation to the seafarers or his dependant family member on hisdeath or physical infirmity;5(c) such other purposes as may be determined by the board for welfare ofseafarers, from time to time application of certain acts to seafarers10218c the provisions of the minimum wages act, 1948, payment of wages act, 1936, payment of bonus act, 1965, payment of gratuity act, 1972, equal remuneration act, 1976, workmen compensation act, 1923, the industrial disputes act, 1947 with the employees provident fund act, 1952, and the payment of bonus act, 1965 as in force for the time being, shall apply to, or in relation to, seafarers as they apply to, or in relation to, workmen, within the meaning of those acts and for the purpose of any proceeding under those acts15218d the provisions of the seamen provident fund act, 1966 shall not be applicable to the seafarers"provision of act no 4 of 1966 not to apply to seafarers5 after section 460a of the principal act, the following section shall be inserted, namely:—insertion of new section460aa20"460aa (1) the provisions of this act or of any rule made thereunder shall have effect, notwithstanding anything inconsistent therewith contained in any other law or in the terms of any award, agreement, settlement or contract of service, whether made before or after the coming into force of this act:25provided that where under any such law, award, agreement, settlement, or contract or service, a seafarer 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 act, seafarer shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that he is entitled to receive benefits in respect of other matters under this act30(2) nothing contained in this act shall be construed to preclude a seafarer from entering into an agreement with his employer for granting him rights or privileges in respect to any matter which are more favourable to him than those to which he would be entitled under this act" statement of objects and reasonsthe seafarers are the back bone of indian economy and the service of a seafarer to the nation not only brings goods and services from across the globe but also contribute a huge sum to the foreign exchange reserve workers hired by the international ship owners are not provided proper living standards and wages, as the monopoly union called national maritime board has no any authenticity or approval from government of indiaalso, the wage structure and living conditions of seafarers in india is being manipulated by the national union of seafarers of india the contribution put forward to the pension or annuity fund to seamen provident fund organisation is also not implemented effectively the wages of a seafarer is merely rupees six thousand nine hundred and fifty on an indian registered flag vessel with a 5 per cent to 75 per cent increment each yearany foreign vessel wage agreement signed for the indian seafarers with the employers are bipartite in nature and many clauses included in this valuable document is favourable to a single union and compelling the membership and violate provident fund and gratuity law of the land it stipulates compulsory contribution to union run private trust while looking in to such violations and save the seafarers from the unscrupulous employers control it is high time to protect the legislative rights of workers who spend most of time of their life at seaa seafarer has to work onboard a vessel for a nine to ten months period at a stretchthere is no act in place to regulate their employment conditions and wage fixation the merchant shipping act does not emphasis on wage agreement or cba approval by government body or any involvement of labour commissioner, welfare contribution, wage recovery, etc it provides for fines and punishment for violation of any law but not more than rupees one hundred regulations are to be framed at the earliest to safe guarding the interests of seafarersthe bill, therefore, seeks to amend the merchant shipping act, 1958 with a view to constitute a seafarer welfare fund for the welfare of seafarers in the countryhence this billnew delhi;a sampathjuly 17, 2018 financial memorandumclause 3 of the bill provides for officers and staff for helping the functioning of the board clause 4 provides for the constitution of seafarers welfare fund for the welfare of seamen the bill, therefore, if enacted, will involve recurring annual expenditure of rupees one hundred crore from the consolidated fund of india a non-recurring expenditure of about rupees two hundred crore is also likely to be involved annexure extract from the merchant shipping act, 1958 [act no 44 of 1958] 88a in this part, unless the context otherwise requires,—definitions(a) "declaration of maritime labour compliance" means a declaration issued by the director-general of shipping or by any officer, authority or organization authorized by him in this behalf, in respect of a ship that it meets with the requirements and standards set out in the provisions of the maritime labour convention;(b) "maritime labour certificate" means the certificate issued by the director-general of shipping or by any officer, authority or organisation authorised by him in this behalf, in accordance with the provisions of the maritime labour convention;(c) "maritime labour convention" means the international convention of maritime labour organisation on maritime labour standards signed in geneva on the 23rd february, 2006;(d) "seafarer" means any person who is employed or engaged or works in any capacity on board a sea going ship, but does not include—(i) the employment or engagement or work on board in any capacity of any person in a ship of war; or(ii) any government ship used for military or non-commercial purposes functions of national welfare board for seafarers218 (1) the central government may, by notification in the official gazette, constitute an advisory board to be called the national welfare board for seafarers (hereinafter referred to as the board) for the purpose of advising the central government on the measures to be taken for promoting the welfare of seamen (whether ashore or on boardship) generally and in particular the following:—(a) the establishment of hostels or boarding and lodging houses for seamen; (b) the establishment of clubs, canteens, libraries and other like amenities for the benefit of seamen;(c) the establishment of hospitals for seamen or the provision of medical treatment, for seamen;(d) the provision of educational and other facilities for seamen(2) [10] m c gonzalez-garcia, m c gonzalez-garcia, m———— a billfurther to amend the merchant shipping act, 1958————(dr a sampath, mp)mgipmrnd—1861ls(s3)—12-12-2018

Parliament_bills

4f8d7847-ba9f-5f89-81ce-a61fa2f3208e

bill no 104 of 2015 the prevention of begging and rehabilitation of beggars bill, 2015 by dr kirit premjibhai solanki, mp a billto provide for prevention of begging and rehabilitation of beggars in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the prevention of begging and rehabilitation of beggarsact, 2015(2) it extends to the whole of india2 in this act, unless the context otherwise requires,—definitions(a) ''appropriate government" means in the case of a state, the government of that state and in all other cases the central government;5(b) ''beggar" means any person who indulges in begging at public places or go from door to door to solicit alms;(c) ''child" means a boy or girl who is below the age of eighteen years; (d) ''fund" means the rehabilitation fund constituted under section 4; and (e) "prescribed" means prescribed by rules made under this act103 (1) notwithstanding anything contained in any law for the time being in force, the central government shall, as soon as may be, by notification in official gazette, formulate a national action plan for the prevention of begging and rehabilitation of beggars(2) the national action plan referred to in sub-section (1) shall include the following provisions—national action plan for prevention of begging and rehabilitation of beggars(a) collection of exact and authentic data of the number of beggars in the country;15(b) setting up of task forces in every district of the country, in consultation with the appropriate government, to identify the persons indulged in begging at various places and take steps for their rehabilitation;20(c) constitution of an advisory team in association with the stakeholders and the persons having knowledge and expertise in the field of social welfare and prepare a rehabilitation action plan on the basis of recommendations made by the advisory team;(d) formulation of various welfare schemes for the rehabilitation of beggars including construction of rehabilitation homes; and(e) concrete proposals for the prevention of begging254 (1) the central government shall constitute a rehabilitation fund for the rehabilitation of beggars with an initial corpus of rupees one thousand crore(2) a rehabilitation home shall function in every district with the aid of the rehabilitation fundconstitution of the rehabilitation fund for rehabilitation of beggars(3) the fund shall be used for providing following facilities in the rehabilitation homes—30(i) free educational facilities to the dependent children of beggars; (ii) free facilities for vocational training and adult literacy to the beggars; (iii) employment facilitation center for inmates who have received vocational training; and| ( | iv | ) free medical facilities ||-----------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------|------------------------------|| 35 | | || penalty | 45 of 1860 | || 5 | notwithstanding anything contained in the indian penal code, 1860 or any other | || law for the time being in force, whoever forces any child into begging shall be punished with | | || imprisonment for a term which shall not be less than four years but which may extend to | | || seven years and also with fine which may extend to rupees five lakh | | || 40 | | || 6 | the provisions of this act shall have effect notwithstanding anything inconsistent | || therewith contained in any other law for the time being in force | | || overriding | | || effect of the | | || act | | || power to | | || make rules | | || 7 | ( | 1 || for carrying out the purposes of this act | | |5(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsdespite all efforts made and welfare measures taken by the central government and state governments, the practice of begging continues unabated all over the country this practice is very much prevalent especially in the metropolitan cities and urban centers there are organized gangs who exploit innocent children and force them into begging for gathering alms for the gang leaders and organizersprevention of begging has to go along with programmes for education, vocational training and rehabilitation of the children, women and men found engaged in begging in addition, some alternative sources of livelihood should be made available to the beggarstherefore, it is high time that a law for prevention of begging be brought forward and other alternative sources of livelihood be made available to these under-privileged peoplehence this billnew delhi;kirit premjibhai solankimarch 3, 2015 financial memorandumclause 3 of the bill provides for a national action plan for prevention of begging and rehabilitation of beggars clause 4 provides for constitution of a rehabilitation fund for rehabilitation of beggars 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 five hundred crore is likely to be incurred from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 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 prevention of begging and rehabilitation of beggars in the country and for matters connected therewith or incidental thereto————(dr kirit premjibhai solanki, mp)

Parliament_bills

7e428754-c01f-56d8-a68c-6deb4e4d1131

bill no 28 of 2008 the forward contracts (regulation) amendment bill, 2008 a billfurther to amend the forward contracts (regulation) act, 1952 and the securities and exchange board of india act, 1992be it enacted by parliament in the fifty-ninth year of the republic of india as follows:— chapter i preliminary chapter ii amendments to the forward contracts (regulation) act, 195274 of 1952amendment of long title2 in the forward contracts (regulation) act, 1952 (hereafter in this chapter referred to as the principal act), in the long title, for the words "the prohibition of options in goods", the words "and to promote the development of and to regulate, the commodity derivatives market" shall be substituted3 in section 2 of the principal act,—amendment of section 2(i) for clause (a), the following clauses shall be substituted, namely:—15 of 1992'(a) "appellate tribunal" means the securities appellate tribunal established under sub-section (1) of section 15k of the securities and exchange board of india act, 1992;(aa) "association" means any body of individuals, whether incorporated or not, constituted for the purposes of regulating and controlling the business of the sale or purchase of any goods and commodity derivative;(ab) "chairman" means the chairman of the commission referred to in clause (a) of sub-section (1) of section 3a;';(ii) after clause (b), the following clauses shall be inserted, namely:—'(ba) "commodity derivative" means—(i) a contract for delivery of goods, which is not a ready delivery contract; or(ii) a contract for differences which derives its value from prices or indices of prices of such underlying goods or activities, services, rights, interests and events, as may be notified in consultation with the commission by the central government, but does not include securities;21 of 1860(bb) "corporatisation" means the succession of a recognised association, being a body of individuals or a society registered under the societies registration act, 1860, by another association, being a company incorporated for the purpose of assisting, regulating or controlling the business of buying, selling or dealing in goods or commodity derivatives carried on by such individuals or society;(bc) "demutualisation" means the segregation of ownership and management from the trading rights of the members of a recognised association in accordace with a scheme approved by the commission;'; (iii) in clause (c), after the words "delivery contract", the words "and includes contract for commodity derivative" shall be inserted;(iv) after clause (c), the following clause shall be inserted, namely:—'(ca) ''fund'' means the forward markets commission general fund constituted under sub-section (1) of section 4e;';(v) after clause (e), the following clauses shall be inserted, namely:—'(ea) "intermediary" means a member of the association, and includes a collateral manager, a clearing house, or such other person who is associated with the commodity derivatives market and is specified as such by the central government for the purposes of this act;(eb) "member" means a whole-time or part-time member of the commission and includes the chairman;';(vi) after clause (f), the following clauses shall be inserted, namely:—'(fa) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;(fb) "option in commodity derivative" means an agreement, by whatever name called, for trading in a commodity derivative and includes a teji, a mandi, a teji-mandi, a gali, a put, a call or a put and call in commodity derivative;';(vii) in clause (i),—(a) for the words "eleven days", the words "thirty days" shall be substituted;40 of 1980(b) in the explanation, in clause (i), after the word and figures "act,1970", the words, figures and brackets "or under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980" shall be inserted; (viii) in clause (j), for the words and figure "the central government under section 6 in respect of goods or classes of goods", the words and figure "the commission under section 6 in respect of forward contract or classes of forward contracts" shall be substituted;(ix) for clause (jj), the following clause shall be substituted, namely:—'(jj) "regulations" means the regulations made by the commission under this act;'; (x) after clause (k), the following clause shall be inserted, namely:—'(ka) "scheme" means a scheme for corporatisation or demutualisation of a recognised association which may provide for—(a) the issue of shares for a lawful consideration and provision for trading rights in lieu of membership cards of members of a recognised association;(b) the restrictions on voting rights; (c) the transfer of property, business, assets, rights, liabilities, recognitions, contracts of the recognised association, legal proceedings by, or against, the recognised association, whether in the name of the recognised association or any trustee or otherwise and any permission given to, or by, the recognised association;(d) the transfer of employees of a recognised association to another recognised association;(e) any other matter required for the purpose of, or in connection with, the corporatisation or demutualisation, as the case may be, of the recognised association;';(xi) in clause (m), for the words "forward contract which provides for", the words "forward contract which provides for, and is performed by," shall be substitutedamendment of section 34 in section 3 of the principal act, for sub-sections (2), (3), (4) and (5), the following sub-section shall be substituted, namely:—"(2) the commission shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued"5 after section 3 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 3a, 3b, 3c, 3d, 3e, 3f, 3g and 3h"3a (1) the commission shall consist of the following members, namely:—management of commission(a) a chairman; (b) two members from amongst the officials of the ministries or departments of the central government dealing with consumer affairs, commodity derivatives, food and public distribution, agriculture or finance;(c) one member from amongst the officials of the reserve bank;(d) five other memebrs of whom at least three shall be the wholetime members (2) the general superintendence, direction and management of the affairs of the commission shall vest in a board of members, which may exercise all powers and do all acts and things which may be exercised or done by the commission(3) save as otherwise determined, by regulations, the chairman shall have powers of general superintendence and direction of the affairs of the commission and may also exercise all powers and do all acts and things which may be exercised or done by the commission(4) the chairman and members referred to in clauses (a) and (d) of sub-section(1) shall be appointed by the central government and the members referred to in clauses (b) and (c) of that sub-section shall be nominated by the central government and the reserve bank, respectively(5) the chairman and other members referred to in clauses (a) and (d) of subsection (1) shall be persons of ability, integrity and standing who have shown capacity in dealing with problems relating to commodity markets or who have special knowledge or experience of commerce or economics or law or finance or in administration or have practical experience in any matter which renders them suitable for appointment on the commission:provided that every person appointed as chairman and every other person appointed as member of the commission and holding office as such immediately before the commencement of the forward contracts (regulation) amendment act, 2008, shall, notwithstanding any order for their appointment made under sub-section (2) of section3 as it stood before the commencement of the forward contracts (regulation) amendment act, 2008, shall hold office till the chairman or other member has been appointed in accordance with this section after such commencement and no person shall be entitled to claim any compensation for the premature termination of the term of his office or of any contract of service 3b (1) the term of office and other conditions of service of the chairman and the members referred to in clause (d) of sub-section (1) of section 3a shall be such as may be prescribedterm of office and conditions of service of chairman and members of commission(2) notwithstanding anything contained in sub-section (1), the central government shall have the right to terminate the services of the chairman or a member appointed under clause (d) of sub-section (1) of section 3a, at any time before the expiry of the period prescribed under sub-section (1), by giving him notice of not less than three months in writing or three months salary and allowances in lieu thereof, and the chairman or a member, as the case may be, shall also have the right to relinquish his office, at any time before the expiry of the period prescribed under sub-section (1), by giving to the central government notice of not less than three months in writing3c the central government shall remove a member from office if he—removal of member from office(a) is, or at any time has been, adjudicated as insolvent; (b) is of unsound mind and stands so declared by a competent court; (c) has been convicted of an offence which, in the opinion of the central government, involves a moral turpitude;(d) has, in the opinion of the central government, so abused his position as to render his continuation in office detrimental to the public interest: provided that no member shall be removed under this clause unless he has been given a reasonable opportunity of being heard in the mattermeetings of commission3d (1) the commission shall meet at such times and places, and shall observe such rules of procedure in regard to the transaction of business at its meetings including quorum at such meetings as may be provided by regulations(2) the chairman or, if for any reason he is unable to attend the meeting of the commission, any other member chosen by the members present from amongst themselves at the meeting shall preside at the meeting(3) all questions which come up before any meeting of the commission shall be decided by a majority of votes of the members of the commission present and voting, and in the event of an equality of votes, the chairman or in his absence the member presiding, shall have a second or casting vote3e no act or proceeding of the commission shall be invalid merely by reason of—vacancies, etc, not to invalidate proceedings of commission(a) any vacancy in, or any defect in the constitution of, the commission;or(b) any defect in the appointment of a person acting as a member of the commssion; or(c) any irregularity in the procedure of the commission not affecting the merits of the casemember not to participate in meetings in certain cases3f any member, who is a director of a company and who as such director has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the commission, shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the commission, and the member shall not take any part in any deliberation or decision of the commission with respect to that matterbar on future employment of members3g the chairman and the whole-time members shall not, for a period of two years from the date on which they cease to hold office as such, except with the previous approval of the central government, accept any employment with any person dealing with the commodities derivatives or with any intermediary3h (1) the commission may appoint such officers and other employees as it considers necessary for the efficient discharge of its functions under this actofficers and employees of commission(2) the terms and conditions of service of the officers and employees of the commission appointed under sub-section (1) shall be such as may be determined by regulations:provided that every officer and other employee holding any office under the commission, before the commencement of the forward contracts (regulation) amendment act, 2008, shall continue to hold his office as such after such commencement for the same tenure and upon the same terms and conditions of service as respects remuneration, leave, provident fund, retirement and other terminal benefits as he would have held such office if the said act had not come into force and shall continue to do so as an officer or other employee of the commission until the regulations are made under this sub-section or the expiry of one year from the date of such commencement or till the date on which such officer or other employee opts not to be the officer or other employee of the commission, whichever is earlier" 6 in section 4 of the principal act,—amendment of section 4(a) for clause (a), the following clauses shall be substituted, namely:—"(a) to advise the central government in respect of matters arising out of the administration of this act;(aa) to grant or withdraw recognition of any association;";(b) in clause (e), for the words "registered association or any member of such association", the words "any member of such association or any intermediary" shall be substituted;(c) for clause (f), the following clauses shall be substituted, namely:—"(f) to regulate the business of the associations; (g) to regulate the functioning of members of the associations, clearing houses, warehouses and intermediaries;(h) to levy fees for carrying out the purposes of this act; (i) to conduct research for the purpose of development and regulation of commodity derivatives market;(j) to call from or furnishing to any such agencies, as may be specified by the commission, such information as may be considered necessary by it for the efficient discharge of its functions;(k) to protect the interests of the market participants in commodity derivatives markets;(l) to promote and regulate self-regulatory organisations; (m) to prohibit fraudulent and unfair trade practices relating to commodity derivatives markets;(n) to promote investors' education and training of intermediaries; (o) to prohibit insider training in commodity derivative; (p) to advise the central government as to the goods in respect of which forward contract or option in goods or option in commodity derivative may be notified;(q) to perform such other duties and exercise such other powers as may be assigned to the commission by or under this act, or as may be prescribed"7 in section 4a of the principal act, in sub-section (3),—amendment of section 4a5 of 1898(a) for the words and figures "the code of criminal procedure, 1898", the words and figures "the code of criminal procedure, 1973" shall be substituted;2 of 1974(b) for the word and figures "section 482", the word and figures "section 346"shall be substituted8 after section 4a of the principal act, the folllowing sections shall be inserted, namely:—insertion of new sections 4b and 4c power to issue directions by commission cease and desist proceedings"4b save as otherwise provided in section 4, if after making or causing to be made an inquiry, the commission is satisfied that it is necessary, in the interest of trade and orderly development of commodity derivatives market, it may, issue directions to any intermediary or association4c if the commission finds, after causing an inquiry to be made, that any person has violated, or is likely to violate any provisions of this act or any rules or regulations made thereunder, the commission may pass an order requiring such person to cease and desist from committing or causing such violations" 9 after chapter ii of the principal act, the following chapter shall be inserted, namely:—insertion of new chapter iia "chapter iia finance, accounts and auditgrants by central government4d the central government may, after due appropriation made by parliament by law in this behalf, make to the commission grants of such sums of money as that government may think fit for being utilised for the purposes of this actfund4e (1) there shall be constituted a fund to be called the forward markets commission general fund and there shall be credited thereto—(i) all grants and fees received by the commission under this act; (ii) all sums received by the commission from such other sources as may be decided upon by the central government (2) the fund shall be applied for meeting—(i) the salaries, allowances and other remuneration of the members, officers and other employees of the commission;(ii) the expenses of the commission in the discharge of its functions under section 4;(iii) the expenses on objects and for purposes authorised by this act: provided that the sums authorised to be paid and applied from and out of the consolidated fund of india and appropriated by law made by parliament for the services and purposes of the commission shall continue to be paid and applied for such services and purposes of the commission till the fund is constituted under this sectionaccounts and audit4f (1) the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form and manner as may be prescribed by the central government in consultation with the comptroller and auditor- general of india(2) the accounts of the commission 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 commission to the comptroller and auditor-general of india(3) the comptroller and auditor-general of india and any other person appointed by him in connection with the audit of the accounts of the commission shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of the government accounts, and in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the commission(4) the accounts of the commission as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament" 10 in section 5 of the principal act,—amendment of section 5(a) in sub-section (1),—(i) for the words "forward contracts", the words "forward contracts or option in goods or option in commdity derivative" shall be substituted;(ii) for the words "central government", the word "commission" shall be substituted; (b) in sub-section (2), for the words "forward contracts", the words "forward contracts or option in goods or option in commodity derivative" shall be subsituted;(c) the following proviso shall be inserted at the end, namely:—"provided that the applications made to the central government, on or before the commencement of the forward contracts (regulation) amendment act, 2008 and pending with the central government on such date, shall be transferred to the commission and thereafter the commission shall dispose of such applications in accordance with the provisions of this act"11 in section 6 of the principal act,—amendment of section 6(a) in sub-section (1),—(i) for the words "central government", the word "commission" shall be substituted;(ii) for the words "the goods or classes of goods with respect to which forward contracts may be entered", the words "the goods or classes of goods or commodity derivative or classes of commodity derivatives with respect to which forward contracts or options may be entered" shall be substituted; (b) in sub-section (2),—(i) for the words "central government", at both the places where they occur, the word "commission" shall be substituted;(ii) in clause (b), for the words "of not more than three persons", the words "such number of persons as the commission may, having regard to the interest of trade in commodities and commodities derivatives, specify," shall be substituted; (c) in sub-section (3), for the words "central government", the word"commission" shall be substituted;(d) after sub-section (4), the following proviso shall be inserted, namely—"provided that the recognition granted by the central government, before the commecement of the forward contracts (regulation) amendment act, 2008, shall be deemed to have been granted by the commission in accordance with the provisions of this act"12 for section 7 of the principal act, the following sections shall be substituted, namely:—substitution of new sections for section 7 withdrawal of recognition'7 (1) if the commission is of opinion that any recognition granted to an association under the provisions of this act should, in interest of the trade or in the public interest, be withdrawn, the commission may, after giving a reasonable opportunity to the association to be heard in the matter, withdraw, by notification, the recognition granted to the said association:provided that no such withdrawal shall affect the validity of any contract entered into or made before the date of the notification, and the commission may make such provision as it deems fit in the notification of withdrawal or in any subsequent notification similarly published for the due performance of any contract outstanding on that date(2) where the recognised association has not been corporatised or demutualised or it fails to submit the scheme referred to in sub-section (1) of section 7b within the specified time therefor or the scheme has been rejected by the commission under sub-section (5) of section 7b, the recognition granted to such association under section 6, shall, notwithstanding anything contained contrary to any other provision of this act, stand withdrawn and the commission shall publish, by notification, such withdrawal of recognition:provided that no such withdrawal shall affect the validity of any contract entered into or made before the date of the notification, and the commission may, after consultation with the association, make such provisions as it deems fit, in the order rejecting the scheme published in the official gazette under sub-section (5) of section 7b7a on and from the appointed date, all recognised associations (if not corporatised and demutualised before the appointed date) shall be corporatised and demutualised in accordance with the provisions contained in section 7b:corporatisation and demutualisation of associationsprovided that different appointed dates may be appointed for different recognised associations:provided further that the commission may, if it is satisfied that any recognised association was prevented by sufficient cause from being corporatised and demutualised on or after the appointed date, extend the appointed date specified in respect of that recognised association and such recognised association may continue as such before such appointed dateexplanation—for the purposes of this section, "appointed date" means the date which the commission may, by notification, appoint7b (1) all recognised associations referred to in section 7a shall, within such time as may be specified by the commission, submit a scheme for corporatisation and demutualisation for its approval:procedure for corporatisation and demutualisationprovided that the commission may, by notification, specify name of the recognised association, which had already been corporatised and demutualised, and such association shall not be required to submit the scheme under this section(2) on receipt of the scheme referred to in sub-section (1), the commission may, after making such inquiry as may be necessary in this behalf and obtaining such further information, if any, as it may require and if it is satisfied that it would be in the interest of the trade in goods or commodity derivatives and also in the public interest, approve the scheme with or without modification(3) no scheme under sub-section (2) shall be approved by the commission if the issue of shares for a lawful consideration or provision of trading rights in lieu of membership card of the members of a recognised association or payment of dividends to members have been proposed out of any reserves or assets of that association(4) where the scheme is approved under sub-section (2), the scheme so approved shall be published immediately by—(a) the commission in the official gazette; (b) the recognised association in such two daily newspapers circulating in india, as may be specified by the commission, and upon such publication, notwithstanding anything contained contrary to any other provision of this act or in any other law for the time being in force or any agreement, award, judgment, decree or other instrument for the time being in force, the scheme shall have effect and be binding on all persons and authorities including all members, creditors, depositors and employees of the recognised association and on all persons having any contract, right, power, obligation or liability with, against, over, to, or in connection with, the recognised association or its members(5) where the commission is satisfied that it would not be in the interest of the trade in goods or commodity derivatives and also in the public interest to approve the scheme under sub-section (2), it may, by an order, reject the scheme and such order of rejection shall be published by it in the official gazette:provided that the commission shall give a reasonable opportunity of being heard to all the persons concerned and the recognised association concerned before passing an order rejecting the scheme(6) the commission may, while approving the scheme under sub-section (2), by an order in writing, restrict—(a) the voting rights of the shareholders who are also members of the recognised association;(b) the right of shareholders or a member of the recognised association to appoint the representatives on the governing board of the association;(c) the maximum number of representatives of the members of the recognised association to be appointed on the governing board of the association, which shall not exceed one-fourth of the total strength of the governing board1 of 1956(7) the order made under sub-section (6) shall be published in the official gazette and on the publication thereof, the order shall, notwithstanding anything to the contrary contained in the companies act, 1956, or in any other law for the time being in force, have full effect(8) every recognised association, in respect of which the scheme for corporatisation or demutualisation has been approved under sub-section (2) shall, either by fresh issue of equity shares to the public or in any other manner as may be specified by the regulations made by the commission, ensure that at least fifty-one per cent of its equity share capital is held, within twelve months from the date of publication of the order under sub-section (7), by the public other than shareholders having trading rights:provided that the commission may, on sufficient cause being shown to it and in the public interest, extend the said period by another twelve months" 13 in section 8 of the principal act,—amendment of section 8(a) in sub-sections (1) and (2) for the words "central government" wherever they occur, the words "central government or commission" shall respectively be substituted;(b) in sub-section (2), in clause (c), for the words "direct the commission", the words "direct any agency or any of its officers" shall be substituted;(c) in sub-section (3), for the word "inquiry" wherever it occur, the words"inquiry or inspection" shall be substituted 14 in section 9a of the principal act, in sub-section (2),—amendment of section 9a(a) for the words "central government" wherever they occur, the words "central government or commission" shall be substituted;(b) for the words "that government", the words "that government or commission"shall be substituted15 for section 10 of the principal act, the following sections shall be substituted, namely:—substitution of new sections for section 10"10 (1) whenever the commission considers it expedient so to do, it may, by order in writing, direct any recognised association to make any rules or to amend any rules made by the recognised association within such period as it may specify in this behalfpower of commission to direct rules to be made or to make rules(2) if any recognised association, against whom an order is issued by the commission under sub-section (1), fails or neglects to comply with such order within the specified period, the commission may make the rules or amend the rules made by the recognised association, as the case may be, either in the form specified in the order or with such modification thereof as the commission may think fit1 of 1956(3) where, in pursuance of sub-section (2), any rules have been made or amended, the rules so made or amended shall be published in the gazette of india, and shall, thereupon, have effect notwithstanding anything to the contrary contained in the companies act, 1956 or any other law for the time being in force, as if they had been made or amended by the recognised association concernedclearing corporation1 of 195610a (1) a recognised association may, with the prior approval of the commission, transfer the duties and functions of a clearing house to a clearing corporation, being a company incorporated under the companies act, 1956, for the purposes of—(a) the periodical settlement of contracts and differences thereunder; (b) the delivery of, and payment for, goods; (c) any other matter incidental to, or connected with, such transfer(2) every clearing corporation shall, for the purpose of transfer of the duties and functions of a clearing house to a clearing corporation referrred to in sub-section (1), make bye-laws and submit the same to the commission for its approval(3) the commission may, on being satisfied that it is in the interest of the trade and also in the public interest to transfer the duties and functioins of a clearing house to a clearing corporation, grant approval to the bye-laws submitted to it under subsection (2) and approve transfer of the duties and functions of clearing house to a clearing corporation referred to in sub-section (1)(4) the provisions of sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 12a, 12b and 13 shall, as far as may be, apply to a clearing corporation referred to in sub-section (1) as they apply in relation to a recognised association" 16 in section 11 of the principal act, —amendment of section 11(a) in sub-section (1),—(i) for the words "central government", the word "commission" shall be substituted;(ii) for the words "forward contracts", the words "forward contracts or option in goods or option in commodity derivative" shall be substituted; (b) in sub-section (2), after the word "goods" wherever it occurs, the words "or forward contracts or option in goods or option in commodity derivative" shall be inserted;(c) in sub-section (3), in clause (aa), for the brackets, figure and letter "(3a)", the brackets and figure "(4)" shall be substituted;(d) in sub-section (4) and the proviso, for the words "central government" at both the places where they occur, the word "commission" shall be subsituted 17 for sections 12 and 12a of the principal act, the following sections shall be substituted, namely:—substitution of new sections for sections 12 and 12a"12 (1) the commission may, either on a request in writing received by it in this behalf from the governing body of a recognised association, or if in its opinion it is expedient so to do, make bye-laws for all or any of the matters specified in section 11 or amend any bye-laws made by such association under that sectionpower of commission to make or amend byelaws of recognised association(2) where, in pursuance of this section any bye-laws have been made or amended, the bye-laws so made or amended shall be published in the gazette of india and shall thereupon have effect as if they had been made or amended by the recognised association(3) notwithstanding anything contained in this section, where the governing body of a recognised association objects to any bye-laws made or amended under this section by the commission on its own motion, it may, within six months of the publication thereof under sub-section (2), apply to the commission for a revision thereof, and the commission may, after giving a reasonable opportunity to the governing body of the association to be heard in the matter, revise the bye-laws so made or amended, and where any bye-laws so made or amended are revised as a result of any action taken under this sub-section, the bye-laws so revised shall be published and shall become effective as provided in sub-section (2)(4) the making or amendment or revision of any bye-laws under this section shall in all cases be subject to such conditions in regard to the previous publications as may be prescribed:provided that the commission may, in the interest of the trade or in the public interest, by order in writing, dispense with the condition of previous publication12a any amendment of a bye-law made under section 11 other than an amendment made in pursuance of clause (a) or clause (aa) of sub-section (3) of that section or under section 12 shall also apply to all forward contracts or option in goods or option in comodity derivative entered into before the date of its approval by the commission or before the date of its publication in the gazette of india, as the case may be, and remaining to be performed on or after the said date"application of amendment of bye-laws to existing forward contracts or option in goods or option in commodity derivative18 in section 12b of the principal act, —amendment of section 12b(a) in sub-section (1),—(i) for the words "forward contract", the words "forward contract or option in goods or option in comodity derivative" shall be substituted;(ii) the words "of any goods or class of goods" shall be omitted; (iii) after the words "any such contract", the words "or option in goods or option in commodity derivatives" shall be inserted; (b) in sub-section (3), for the words "forward contract" at both the places where they occur, the words "forward contract or option in goods or option in commodity derivative" shall be subsituted 19 for section 13 of the principal act, the following section shall be substituted, namely:—"13 (1) without prejudice to any other powers vested in the commission under this act, where the commission is of the opinion that the governing body of any substitution of new section for section 13 power of commission to supersede governing body of recognised associationrecognised association should be superseded, then, nothwithstanding anything contained in this act or in any other law for the time being in force, the commission may, after giving a reasonable opportunity to the governing body of the recognised association concerned to show cause why it should not be superseded, by notification, declare the governing body of such association to be superseded for such period not exceeding six months as may be specified in the notification, and may appoint any person or persons to exercise and perform all the powers and duties of the governing body, and where more persons than one are appointed, may appoint one of such persons to be the chairman and another of such person to be the vice-chairman(2) on the publication of a notification under sub-section (1), the following consequences shall ensue, namely:—(a) the memebrs of the governing body which has been superseded shall, as from the date of the notification of supersession, cease to hold office as such members;(b) the person or persons appointed under sub-section (1) may exercise and perform all the powers and duties of the govering body which has been superseded;(c) all such property of the recognised association as the person or persons appointed under sub-section (1) may, by order in writing, specify in this behalf as being necessary for the purpose of enabling him or them to carry out the purposes of this act, shall vest in such person or persons (3) notwithstanding anything to the contrary contained in any law or the rules or bye-laws of the association whose governing body is superseded under sub-section (1), the person or persons appointed under that sub-section shall hold office for such period as may be specified in the notification published under that sub-section, and the commission may, from time to time, by like notification, vary such period(4) on the determination of the period of office of any person or persons appointed under this section, the recognised association shall forthwith reconstitute a governing body in accordance with its rules:provided that until a governing body is so reconstituted, the person or persons appointed under sub-section (1), shall, notwithstanding anything contained in subsection (1), continue to exercise and perform their powers and duties(5) on the reconstitution of a governing body under sub-section (4), all the property of the recognised association which had vested in, or was in the possession of, the person or persons appointed under sub-section (1), shall vest or revest, as the case may be, in the governing body so reconstituted"amendment of section 1420 in section 14 of the principal act, for the words "central government" at both the places where they occur, the word "commission" shall be substituted21 for chapter iiia of the principal act, the following chapter shall be substituted, namely:—substitution of new chapter for chapter iiia "chapter iiia registration of members and intermediariesregistration of members and intermediaries14a (1) on and from the commencement of the forward contracts (regulation)amendment act, 2008, no person intending to act as a member or intermediary shall deal in forward contract or option in goods or option in commodity derivative except under and in accordance with the conditions of a certificate of registration granted by the commission in accordance with the regulations made under this act(2) a person, who in his capacity as a member or intermediary intends to deal in forward contract or option in goods or option in commodity derivative shall make an application for a certificate of registration to the commission in such form alongwith such fee and containing such particulars as may be provided by regulations:provided that a person who was acting as a member or intermediary, before the commencement of the forward contracts (regulation) amendment act, 2008, may continue to do so for a period of six months from the date of such commencement if he has made an application for registration within the said period of six months, till the disposal of such application, whichever is later:provided further that the commission may, by regulations, specify different fees for a class or classes of memebrs or intermediaries on the basis of turnover of the business of such members or intermediaries(3) no foreign participant or foreign intermediary association with the commodity derivatives market, as the commission may, by notification in this behalf, specify, shall deal in forward contract or option in goods or option in commodity derivative except under and in accordance with the conditions of a certificate of registration obtained from the commission in accordance with the regulations made under this act:provided that a foreign participant or foreign intermediary dealing in forward contract or option in goods or option in commodity derivative immediately before the commencement of this act, for which no certificate of registration was required prior to such commencement, may continue to deal in forward contract or option in goods until such time as rules may be made by the central government for such dealing or in case no such rules have been made until permitted as such by the commission by notification(4) on receipt of an application under sub-section (2), the commission may, after making such inquiry as it considers necessary in this behalf, by order in writing, grant a certificate of registration on such terms and conditions as may be specified by regulations or refuse to grant such certificate:provided that, before refusing to grant such certificate, the person making the application shall be given an opportunity of being heard in the matter14b the commission may, by order, suspend or cancel the certificate of registration in such manner as may be provided by regulations:suspension or cancellation of certificate of registrationprovided that no order under this section shall be made unless the person concerned has been given an opportunity of being heard in the matter" 22 for sections 15, 16 and 17 of the principal act, the following sections shall be substituted, namely:—substitution of new sections for sections 15, 16 and 17"15 (1) subject to the provisions contained in sections 17 and 18, every forward contract, entered into otherwise than between members of a recognised association or through or with any such member, shall be illegalforward contracts illegal or void in certain circumstances(2) any forward contract entered into in pursuance of sub-section (1) which is in contravention of any of the bye-laws specified in this behalf under clause (a) of subsection (3) of section 11 shall be void—(a) as respects the rights of any member of the recognised association who has entered into contract in contravention of any such bye-law and also,(b) as respects the rights of any other person who has knowingly participated in the transaction entailing such contravention(3) nothing in sub-section (2) shall affect the right of any person other than a member of the recognised association to enforce any such contract or to recover any sum under or in respect of such contract:provided that such person had no knowledge that such transaction was in contravention of any of the bye-laws specified under clause (a) of sub-section (3)of section 11(4) any forward contract entered into in pursuance of sub-section (1) which at the date of the contract is in contravention of any of the bye-laws specified in this behalf under clause (aa) of sub-section (3) of section 11 shall be illegal(5) no member of a recognised association shall enter into any contract on his own account with any person other than a member of the recognised association, unless he has secured the consent or authority of such person and discloses in the note, memorandum or agreement of sale or purchase that he has bought or sold the forward contract, as the case may be, on his own account:provided that where the member has secured the consent or authority of such person otherwise than in writing he shall secure a written confirmation by such person of such consent or authority within three days from the date of such contract:provided further that in respect of any outstanding contract entered into by a member with a person other than a member of the recognised association, no consent or authority of such person shall be necessary for closing out in accordance with the bye-laws, the outstanding contract, if the member discloses in the note, memorandum or agreement of sale or purchase in respect of such closing out that he has bought or sold the goods, forward contract or option in goods or option in commodity derivative, as the case may be, on his own account16 notwithstanding anything contained in any other law for the time being in force or in any custom, usage or practice of the trade or the terms of any contract or the bye-laws of any association concerned relating to any contract,—consequences of contravention of section 15(a) every forward contract entered into on or before the date of commencement of the forward contracts (regulation) amendment act, 2008, and remaining to be performed after the said date and which is not in conformity with the provisions of section 15, shall be deemed to be closed out at such rate as the commission may fix in this behalf and different rates may be fixed for different classes of such contracts;(b) all differences arising out of any contract so deemed to be closed out shall be payable on the basis of the rate fixed under clause (a) and the seller shall not be bound to give and the buyer shall not be bound to take delivery of the goods 17 (1) the central government may, by notification, declare that no person shall, save with the permission of the central government, deal in any forward contract or option in goods or option in commodity derivative specified in the notification, except to the extent and in the manner, if any, as may be specified in the notificationpower to prohibit forward contract or options in goods or option in commodity derivative(2) all forward contracts or options in goods or options in commodity derivative in contravention of the provisions of sub-section (1) entered into after the date of publication of the notification thereunder shall be illegal(3) where a notification has been issued under sub-section (1), the provisions of section 16 shall, in the absence of anything to the contrary in the notification, apply to all forward contracts and options in goods for the sale of purchase of any goods specified in the notification (entered into on or before the date of the notification) and remaining to be performed after the said date"23 in section 18 of the principal act,—amendment of section 18(a) in sub-section (1),—(i) for the words "non-transferable specific delivery contracts", the words and brackets "specific delivery contracts (both transferable and nontransferable)" shall be substituted;(ii) in the proviso, for the words "non-transferable specific delivery contract", the words and brackets "specific delivery contracts (both transferable and non-transferable)" shall be substituted; (b) sub-section (2) shall be omitted; (c) in sub-section (3) for the words "non-transferable specific delivery contracts"at both the places where they occur, the words and brackets "specific delivery contracts (both transferable and non-transferable)" shall be substituted 24 for section 19 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 19"19 (1) any option in goods or option in commodity derivative which has been entered into on or after the commencement of the forward contracts (regulation) amendment act, 2008, otherwise than between members of a recognised association or through or with any such member shall be illegaloption in goods or option in commodity derivative illegal in certain circumstances(2) the provisions of sub-sections (2), (3), (4) and (5) of section 15 shall apply to options in goods or option in commodity derivative as they apply in relation to a forward contract" 25 in section 20 of the principal act,—amendment of section 20(i) in clause (a) in sub-clause (iii), for the words "forward contract", the words"forward contract or option in goods or option in commodity derivative" shall be substituted;(ii) clause (b) shall be omitted;(iii) in clause (c), for the words "forward contract", the words "forward contract or option in goods or option in commodity derivative" shall be substituted;(iv) after clause (d), the following clause shall be inserted, namely:—"(da) fails to make or accept delivery of goods covered by non-transferable specific delivery contracts or by transferable specific contracts where rights and obligations have not been transferred, as the case may be; or"; (v) for clause (e), the following clause shall be substituted, namely:—"(e) enters into any forward contract or option in goods or option in commodity derivative in contravention of any of the provisions contained in sub-section (1) or sub-section (4) or sub-section (5) of section 15 or section 17or section 19;"; (vi) after the words "shall, on conviction, be punishable—" occuring below clause (e),—(a) in clause (i), for the words "one thousand rupees", the words "twentyfive thousand rupees but which may extend to twenty-five lakh rupees" shall be substituted;(b) in clause (ii),—(i) for the words, brackets and letter "under clause (d)", the words, brackets and letters "under clause (d) or under clause (da)" shall be substituted;(ii) for the words "one thousand rupees", the words "twenty-five thousand rupees" shall be substituted26 in section 21 of the principal act,—amendment of section 21(i) in clauses (a) to (f), for the words "forward contracts" wherever they occur, the words "forward contract or option in goods or option in commodity derivative" shall be substituted;(ii) in clause (g), for the words and figures "in respect of goods to which the provisions of section 15 have been made applicable", the words "in respect of goods or option in goods or option in commodity derivative" shall be substituted;(iii) for clause (h), the following clause shall be substituted, namely:—"(h) manipulates or attempts to manipulate prices in respect of forward contracts or option in goods or option in commodity derivative;"; (iv) after the words "shall, on conviction, be punishable—" occurring below clause (h), in clauses (i) and (ii), for the words "one thousand rupees", the words"twenty-five thousand rupees but which may extend to twenty-five lakh rupees" shall be substituted 27 for section 21a of the principal act, the following sections shall be substituted, namely:—substitution of new sections for section 21a"21a if any person, who is required under this act or any rules or regulations made thereunder,—penalty for failure to furnish information, return, etc(a) to furnish any document, return or report to the commission, fails to furnish the same, he shall be liable to a penalty of twenty thousand rupees for each day during which such failure continues or five lakh rupees, whichever is less;(b) to file any return or furnish any information, books or other documents within the time specified therefor in the regulations, fails to file or furnish the same within the time specified therefor in the regulations, he shall be liable to pay a penalty not exceeding five thousand rupees for each day during which such failure continues or five lakh rupees, whichever is less;(c) to maintain books of account or records, fails to maintain the same, he shall be liable to a penalty of ten thousand rupees for each day during which such failure continues or five lakh rupees, whichever is less;(d) or who was in charge of, and was responsible to, an association for the conduct of the business of the association, obstructs any officer of the commission or any other person authorised by it to conduct inspection or to discharge any other function assigned by the commission, such person as well as the association shall be liable to pay a fine of rupees one lakh for every occasion of such obstructionpenalty for failure by any person to enter into an agreement with clients21b if any person, who is registered as a member or an intermediary and is required under this act or any rules or regulations made thereunder to enter into an agreement with his client, fails to enter into such agreement, he shall be liable to a penalty of twenty thousand rupees for each such failure during which such failure continues or five lakh rupees, whichever is lesspenalty for failure to redress clients' grievances21c if any person, who is registered as a member or an intermediary, after having been called upon by the commission in writing to redress the grievances of clients, fails to redress such grievances within the time specified by the commission, he shall be liable to a penalty not exceeding two thousand rupees for each day during which such failure continues or five lakh rupees, whichever is less21d if any insider who,—penalty for insider trading(i) either on his own behalf or on behalf of any other person, deals in forward contract or option in goods or option in commodity derivative on any association on the basis of any unpublished price sensitive information; or(ii) communicates any unpublished price sensitive information to any person, with or without his request for such information except as required in the ordinary course of business or under any law; or(iii) counsels, or procures for any other person to deal in any forward contract or option in goods or option in commodity derivative on the basis of unpublished price sensitive information, shall be liable to a penalty of twenty-five lakh rupees or three times the amount of profits made out of insider trading, whichever is higherpenalty for fraudulent and unfair trade practices21e if any person idulges in fraudulent and unfair trade practices relating to forward contract or option in goods or option in commodity derivative, he shall be liable to a penalty of twenty-five lakh rupees or three times the amount of profits made out of such practices, whichever is higher21f if any person, who is registered as an intermediary under this act or any regulations made thereunder,—penalty for default in case of an intermediary(a) fails to issue contract notes in the form and manner specified by theassociation of which such intermediary is a member, he shall be liable to a penalty not exceeding five times the amount for which the contract note was required to be issued by that intermediary;(b) fails to deliver any goods or fails to make payment of the amount due to the client or in the manner or within the period specified in the regulations, he shall be liable to a penalty not exceeding five thousand rupees for each day during which such failure continues;(c) charges an amount of brokerage which is in excess of the brokerage specified by the association, he shall be liable to a penalty of five thousand rupees or five times the amount of brokerage charged in excess of the specified brokerage, whichever is higher 21g any person, who fails to comply with the directions issued by the commission under section 4b, shall be liable to pay a penalty not exceeding two lakh rupees for each day during which such failure continues but which shall not exceed five lakh rupeespenalty for failure to comply with directions of commission consequences of failure to pay penalty21h (i) without prejudice to any award of penalty by the adjudicating officer under this act, if any person contravenes or attempts to contravene or abets the contravention of any of the provisions of this act or of any rules or regulations made thereunder, he shall be punishable with imprisonment for a term which may extend to three years, or with fine, or with both(2) if any person fails to pay the penalty imposed by the adjudicating officer or fails to comply with any of his directions or orders, he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years or with fine or with bothpower to adjudicate21-i (1) for the purposes of adjudging under sections 21a to 21g, the commission shall appoint any of its officers not below the rank of a division chief to be an adjudicating officer for holding an inquiry in the prescribed manner after giving any person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty(2) 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 impose such penalty as he thinks fit in accordance with the provisions of any of those sections21j while adjudging the quantum of penalty under section 21-i, the adjudicating officer shall have due regard to the following factors, namely:—factors to be taken into account by adjudicating officer(a) the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;(b) the amount of loss caused to a client or group of clients as a result of the default;(c) the repetitive nature of the default21k all sums realised by way of penalties under this act shall be credited to the consolidated fund of indiacrediting sums realised by way of penalties to consolidated fund of india power of court to order forfeiture of property21l any court trying an offence punishable under this act, may, if it thinks fit and in addition to any sentence which it may impose for such offence, direct that any money, goods or other property in respect of which the offence has been committed, shall be forfeited to the central governmentexplanation—for the purposes of this section, property in resepct of which an offence has been committed, shall include deposits in a bank where the said property is converted into such deposits" 28 in section 22a of the principal act,—(a) in sub-section (1),—amendment of section 22a(i) after the words "forward contracts or option in goods", the words "or option in commodity derivative" shall be inserted;(ii) after the words "forward contract or option in goods", the words "or option in commodity deriavtive" shall be inserted; (b) for sub-section (2), the following sub-sections shall be substituted, namely:—2 of 1974"(2) the provisions of the code of criminal procedure, 1973, shall, so far as may be, apply to search or seizure made under sub-section (1) as they apply to any search or seizure made under the authority of a warrant issued under section 94 of the said code(3) the commission may, notwithstanding anything contained in this act, file cases in respect of offences committed under this act, directly to the courts having jurisdiction in respect of such offences"29 in section 22b of the principal act, in sub-section (1) , after the words "or option in goods", the words "or option in commodity derivative" shall be insertedamendment of section 22b30 after section 22b of the principal act, the following section shall be inserted, namely:—"22c (1) where the commission has reasonable grounds to believe that—insertion of new section 22c investigation(a) the transactions in forward contracts or option in goods or option in commodity derivative are being dealt with in a manner detrimental to the commodity market or person associated with the commodity market; or(b) any intermediary or any person associated with the commodities market has violated any of the provisions of this act or the rules or regulations made or directions issued by the commission thereunder, it may, at any time by order in writing, direct any person (hereafter in this section referred to as the investigating authority) specified in the order to investigate the affairs of such intermediary or person associated with the commodities market and to report thereon to the commission1 of 1956(2) without prejudice to the provisions of sections 235 to 241 of the companies act, 1956, it shall be the duty of every manager, managing director, officer and other employee of the company and every intermediary referred to in section 14a, every person associated with the commodities market to preserve and to produce to the investigating authority or any person authorised by him in this behalf, all the books, registers, other documents and record of, or relating to, the company or, as the case may be, of or relating to, the intermediary or such person, which are in their custody or power(3) the investigating authority may require any intermediary or any person associated with commodities market in any manner to furnish such information to, or produce such books, or registers, or other documents, or record before him or any person authorised by him in this behalf as he may consider necessary if the furnishing of such information or the production of such books, or registers, or other documents, or record is relevant or necessary for the purposes of its investigation(4) the investigating authority may keep in its custody any books, registers, other documents and record produced under sub-section (2) or sub-section (3) for six months and thereafter shall return the same to any intermediary or any person associated with commodities market by whom or on whose behalf the books, registers, other documents and record are produced:provided that the investigating authority may call for any books, registers, other documents and record if they are needed again:provided further that if the person on whose behalf the books, registers, other documents and record are produced requires certified copies of the books, registers, other documents and record produced before the investigating authority, it shall give certified copies of such books, registers, other documents and record to such person or on whose behalf the books, registers, other documents and record were produced(5) any person, directed to make an investigation under sub-section (7), may examine on oath, any manager, managing director, officer and other employee of any intermediary or any person associated with commodities market in any manner, in relation to the affairs of his business and may administer an oath accordingly and for that purpose may require any of those persons to appear before him personally(6) if any person fails without reasonable cause or refuses—(a) to produce to the investigating authority or any person authorised by it in this behalf any book, register, other document and record which is his duty under sub-section (2) or sub-section (3) to produce; or(b) to furnish any information which is his duty under sub-section (3) to furnish; or(c) to appear before the investigating authority personally when required to do so under sub-section (5) or to answer any question which is put to him by the investigating authority in pursuance of that sub-section; or(d) to sign the notes of any examination referred to in sub-section (7), he shall be punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to one lakh rupees, or with both, and also with a further fine which may extend to twenty thousand rupees for every day after the first during which the failure or refusal continues(7) notes of any examination under sub-section (5) shall be taken down in writing and shall be read over to, or by, and signed by, the person examined, and may thereafter be used in evidence against him(8) where in the course of investigation, the investigating authority has reasonable ground to believe that the books, registers, other documents and record of, or relating to, any intermediary or any person associated with commodities market in any manner, may be destroyed, mutilated, altered, falsified or secreted, the investigating authority may make an application to the judicial magistrate of the first class having jurisdiction for an order for the seizure of such books, registers, other documents and record(9) after considering the application and hearing the investigating authority, if necessary, the magistrate may, by order, authorise the investigating authority—(a) to enter, with such assistance, as may be required, the place or places where such books, registers, other documents and record are kept;(b) to search that place or those places in the manner specified in the order; and(c) to seize books, registers, other documents and record, as it considers necessary for the purposes of the investigation (10) the investigating authority shall keep in its custody the books, registers, other documents and record seized under this section for such period not later than the conclusion of the investigation as it considers necessary and thereafter shall return the same to the company or the other body coporate, or, as the case may be, to the managing director or the manager or any other person, form whose custody or power they were seized and inform the magistrate of such return:provided that the investigating authority may, before returning such books, registers, other documents and record as aforesaid, place identification marks on them or any part thereof2 of 1974(11) save as otherwise provided in this section, every search or seizure made under this section shall be carried out in accordance with the provisions of the code of criminal procedure, 1973, relating to searches or seizures made under that code"amendment of section 2331 in section 23 of the principal act, after clause (d), the following clause shall be inserted, namely:—"(e) an offence falling under section 21h"32 in chapter v of the principal act, after section 24, the following section shall be inserted, namely:—insertion of new section 24a civil court not to have jurisdiction"24a no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under this act 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 act"33 after chapter v of the principal act, the following chapter shal be inserted, namely:—insertion of new chapter va 'chapter va jurisdiction and authority of appellate tribunalappeal to appellate tribunal24b (1) save as provided in sub-section (2), any person aggrieved on or after the commencement of the forward contracts (regulation) amendment act, 2008, or by an order of the commission made, or the rules or regulations made thereunder or by an order made by an adjudicating officer under this act may prefer an appeal to the appellate tribunal having jurisdiction in the matter(2) the central government shall specify, by notification, the matters and places in relation to which the appellate tribunal may exercise jurisdiction(3) no appeal shall lie to the appellate tribunal form an order made by the commission or an adjudicating officer with the consent of the parties(4) every appeal under sub-section (1) shall be filed within a period of fortyfive days from the date on which a copy of the order made by the chairman of the commission is received by the aggrieved person and it shall be in such form and be accompanies by such fee as may be prescribed:provided that the appellate tribunal may entertain an appeal after the expiry of the said period if it is satisfied that there was sufficient cause for not filing it within that period(5) on receipt of an appeal under sub-section (1), the appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against(6) the appellate tribunal shall send a copy of every order made by it to the parties to the appeal and to the concerned authority whose order has been appealed against(7) the appeal filed before the appellate tribunal 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 finally within six months from the date of receipt of the appealright to legal representation24c the appellant may either appear in person or authorise one or more charteredaccountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the appellate tribunalexplanation—for the purposes of this section,—38 of 1949(a) "chartered accountant" means a chartered accountant as defined in clause (b) of sub-section (1) of section 2 of the chartered accountants act,1949 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act;56 of 1980(b) "company secretary" means a company secretary as defined in clause(c) of sub-section (1) of section 2 of the company secretaries act, 1980 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act;23 of 1959(c) "cost accountant" means a cost accountant as defined in clause (b) of 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 practice36 of 1963limitation24d the provisions of the limitation act, 1963 shall, as far as may be, apply toan appeal made to the appellate tribunalappeal to supreme court24e any person aggrieved by any decision or order of the appellate tribunalmay file an appeal to the supreme court within sixty days from the date of communication of the decision or order of the appellate tribunal to him on any question of law arising out of such order:provided that the supreme court may, if it is satisfied that the applicant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days" 34 after section 26 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 26a, 26b, 26c, 26d, 26e and 26f"26a (1) without prejudice to the foregoing provisions of this act, the commission shall, in exercise of its powers or performance of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time to time:power of central government to issue directionsprovided that the commission shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section(2) the decision of the central government, whether a question is one of policy or not, shall be final26b (1) if at any time the central government is of the opinion—power of central government to supersede commission(a) that on account of grave emergency, the commission is unable to discharge the functions and perform the duties imposed on it by or under the provisions of this act; or(b) that the commission has persistently made wilful default in complying with any direction issued by the central government under this act or in the discharge of the functions and performed 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 commission or the administration of the commission has deteriorated; or(c) that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification, supersede the commission for such period, not exceeding six months, as may be specified in the notification(2) upon the publication of a notification under sub-section (1) superseding the commission,—(a) all the members shall, as from the date of supersession, vacate their offices as such;(b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the commission shall, until the commission is reconstituted under sub-section (3), be exercised and discharged by such person or persons as the central government may direct; and(c) all property owned or controlled by the commission shall, until the commission is reconstituted, vest in the central government (3) on the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government may reconstitute the commission by fresh appointment and in such case any person or persons who vacated their offices under clause (a) of sub-section (2), shall not be deemed disqualified for such appointment:provided that the central government may, at any time before the expiration of the period of supersession, take action under this sub-section(4) the central government shall cause a notification issued under sub-section(1) and a full report of any action taken under this section and the circumstances leading to such action to be laid before each house of parliament at the earliestreturns and reports26c (1) the commission shall furnish to the central government at such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the commodities market, as the central government may, from time to time, require(2) without prejudice to the provisions of sub-section (1), the commission shall, within ninety days, after the end of each financial year, submit to the central government a report in such form, as may be prescribed, giving a true and full account of its activities, policy and programmes during the previous financial year(3) a copy of the report received under sub-section (2) shall be laid, as soon as may be after it is received, before each house of parliamentdelegation26d the commission may, by general or special order in writing, delegate to anymember or officer of the commission or any other person subject to such conditions, if any, as may be specified in the order, such of its powers and functions under this act (except the powers under section 28) as it may deem necessarybar of jurisdiction26e no order passed by the commission or the adjudicating officer under this act shall be appealable except as provided in section 24b and no civil court shall have jurisdiction in respect of any matter which the commission or the adjudicating officer is empowered by, or under, this act to pass any order 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 order passed by the commission or the adjudicating officer by, or under, this act45 of 186026f all members, officers and other employees of the commission shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code"members, officers and employees of commission to be public servants35 after section 27a of the principal act, the following section shall be inserted, namely:—27 of 1957 43 of 1961insertion of new section 27b exemption from tax on wealth and income"27b notwithstanding anything contained in the wealth-tax act, 1957, the income-tax act, 1961, or any other enactment for the time being in force relating to tax on wealth, income, profits or gains, the commission shall not be liable to pay wealth-tax, income-tax or any other tax in respect of their wealth, income, profits or gains derived"36 in section 28 of the principal act, in sub-section (2),—amendment of section 28(i) clause (cc) shall be omitted; (ii) for clause (g), the following clauses shall be substituted, namely:—"(g) the duties and powers which may be performed or exercised by the commission under clause (q) of section 4;(h) the form and manner in which the annual statement of accounts shall be maintained under sub-section (1) of section 4f;(i) the rules for dealing by foreign participant or foreign intermediary under the proviso to sub-section (3) of section 14a;(j) the manner in which an inquiry shall be held under sub-section (1) of section 21-i;(k) the form in which an appeal may be filed before the appellate tribunal under sub-section (4) of section 24b and the fees payable in respect of such appeal;(l) the form and the manner in which returns and report to be made to the central government under section 26c;(m) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules"37 after section 28 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 28a and 28b"28a (1) the commission may, by notification, make regulations consistent with this act and the rules made thereunder to carry out the pruposes of this actpower to make regulations(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the time and places of meetings of the commission and the procedure to be followed at such meetings under section 3d including quorum necessary for the transaction of business;(b) the terms and other conditions of service of officers and employees of the commission under sub-section (2) of section 3h;(c) the manner in which the fresh issue of equity shares shall be made to the public under sub-section (8) of section 7b;(d) the conditions of certificate of registration to act as a member or intermediary to deal with forward contract or option in goods or option in commodity derivative under sub-section (1) of section 14a;(e) the fee for a class or classes of member or intermediary under the second proviso to sub-section (2) of section 14a;(f) the terms and conditions subject to which registration may be granted under sub-section (4) of section 14a;(g) the manner in which the certificate of registration may be suspended or cancelled under section 14b;(h) any other matter relating to trading, clearing, settlement, and delivery of goods, forward contact, option in goods or option in commodity derivative(3) 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 regulation or both houses agree that the regulation should not be made, that regulation shall theirafter 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 regulation28b the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force"application of other laws not barred chapter iii amendment to the securities and exchange board of india act, 199238 in section 15u of the securities and exchange board of india act, 1992, in subsection (2), for the words "under this act", the words "under this act or any other law for the time being in force" shall be substitutedamendment of section 15u of act 15 of 1992 repeal and savingord 3 of 200839 (1) the forward contracts (regulation) amendment ordinance, 2008, is hereby repealed14 of 1952 15 of 1992(2) notwithstanding such repeal, anything done or any action taken under the forward contracts (regulation) act, 1952 and the securities and exchange board of india act, 1992, as amended by the said ordinance, shall be deemed to have been done or taken under the said acts, as amended by this act statement of objects and reasonsthe forward contracts (regulation) act, 1952 was enacted to provide for the regulation of certain matters relating to forward contracts, the prohibition of options in goods and for matters connected therewith2 in view of the rapid acceleration of growth in commodity futures market in the past five years there has been an imperative and urgent need for putting in place an updated and effective regulatory system the volumes of these markets have grown very rapidly from rupees one lakh twenty-nine thousand crores in 2003-04 to rupees thirty-six lakh seven thousand crores in 2006-07 during the current financial year (till january, 2007), the volumes traded on the commodity exchanges have been rupees thirty-one lakh sixty thousand crores the markets have been liberalised with effect from april, 2003 and three national level multicommodity exchanges with modern trading facilities have also been set up the forward markets commission, market regulator, however did not have the requisite legislative framework to properly manage the rapid growth in this sector administrative autonomy and financial autonomy needed to be given to the forward markets commission urgently this necessitated changes in the organisational structure and institutional capacity of the forward markets commission the central government, therefore, decided to restructure and strengthen the forward markets commission broadly on the lines of the securities and exchange board of india, reinforce the penalty provisions, provide for investigation, adjudication and appeal and make some other necessary amendments in the forward contracts (regulation) act, 1952 for the said purpose3 to give effect above proposals, a bill to amend the forward contracts (regulation)act, 1952 was introduced in lok sabha on the 21st march, 2006 and the same was referred to the standing committee on food, consumer affairs and public distribution for examination and report the stanidng committee gave its report on 19th december, 2006 the government considered the recommendations of the committee furthermore, wider consultations were held with the stake-holders keeping in view the fact that the issue related to financial and market integrity, there was urgency to bring the proposed legislation therefore, an ordinance namely, the forward constracts (regulation) amendment ordinance, 2008 was promulgated by the president on 31st january, 2008 the government has also decided to withdraw the forward contracts (regulation) amendment bill, 2006 pending before lok sabha4 the forward contracts (regulation) amendment ordinance, 2008, inter alia, provided for—(a) amendment to the definition of the expression "forward contract" so as to include therein "commodity derivative" and also insert new expressions such as "commodity derivative", "corporatisation", "demutualisation" and "intermediary", etc,(b) increase in the maximum number of members of forward markets commission from four to nine out of which three to be whole-time members and a chairman;(c) provisions to confer power upon the forward markets commission to levy fees;(d) constitution of forward markets commission general fund to which all grants, fees and all sums received by the forward markets commission shall be credited except penalty and apply the funds for meeting the expenses of the commission;(e) provisions to confer power upon the central government to issue directions to the forward markets commission on the matter of policy and to supersede the forward markets commission in certain cases;(f) corporatisation and demutualisation of recognised associations in accordance with the scheme to be approved by the forward markets commission;(g) registration of members and intermediaries; (h) provisions to allow trading in options; (i) investigation, enforcement and penalty in case of contravention of the provisions of the said act;(j) appeals, from the order of the forward markets commission and adjudicating officer to the securities appellate tribunal for the purposes of said act and from the order of the securities appellate tribunal to the supreme court;(k) transfer of the duties and functions of a clearing house to a clearing corporation; and(l) exemption from payment of tax on wealth, income and profits or gains of forward markets commission 5 the bill seeks to replace the aforesaid ordinancenew delhi;sharad pawarthe 29th febraury, 2008 ———— president's recommendation under articles 117 and 274 of the constitution of india ————[copy of letter no 20/2/2008-it/407 dated the 25th february, 2008 from shri sharad pawar, minister of agriculture and consumer affairs, food and public distribution to the secretary-general lok sabha]the president, having been informed of the subject matter of the proposed forward contracts (regulation) amendment bill, 2008 recommends to the house the introduction under articles 117(1) and 274(1) and consideration of the bill under article 117(3) of the constitution notes on clausesclause 1—this clause provides for the short title and commencement of the proposed legislationclause 2—this clause seeks to amend the long title of the forward contracts(regulation) act, 1952clause 3—this clause seeks to amend section 2 of the principal act, so as to amend the definitions of "associations", "forward contract", "ready delivery contracts" and "specific delivery contracts" it further seeks to define the expressions "appellate tribunal", "chairman", "commodity derivative", "corporatisation", "demutualisation", "fund", "intermediary", "member", "notification", "option in commodity derivative", "regulation" and "scheme"clause 4—this clause seeks to amend section 3 of the principal act, which relates to establishment of the forward markets commission it is proposed to substitute sub-sections (2), (3), (4) and (5) with a new sub-section (2) so as to confer upon the forward markets commission the status of a body corporateclause 5—this clause proposes to insert new sections 3a, 3b, 3c, 3d, 3e, 3f, 3g and3h in the principal act section 3a provides provisions relating to management of the forward markets commission, section 3b provides for the term of office and conditions of service of chairman and members of the commission, section 3c for removal of members from office, section 3d for meetings of the commission, section 3e provides for vacancies, etc, not to invalidate proceedings of the commission, section 3f contains provisions for members not to participate in meetings in certain cases, section 3g provides for bar on future employment of whole-time members and chairman, section 3h provides for appointment of officers and employees of the commissionclause 6—this clause seeks to amend section 4 of the principal act which relates to advise the central government in respect of matters arising out of the administration of this act; to grant or withdraw recognition of any association; to undertake the inspection of the accounts and other documents of any member of such association or any intermediary; to regulate the business of associations; to regulate the functioning of members of the associations, clearing houses, warehouses and intermediaries; to levy fees for carrying out the purposes of the act; to conduct research for the purpose of development and regulation of commodity derivatives markets; to call from or furnishing to any such agencies, as may be specified by the commission, such information as may be considered necessary by it for the efficient discharge of its functions; to protect the interests of the market participants in commodity derivatives markets; to promote and regulate self-regulatory organisation; to prohibit fraudulent and unfair trade practices relating to commodity derivatives markets; to promote investors' education and training of intermediaries; to prohibit insider training in commodity derivative; to advise the central government as to the goods in respect of which forward contract or option in goods or option in commodity derivative may be notified; and to perform such other duties and exercise such other powers as may be assigned to the commission by or under this act, or as may be prescribedclause 7—this clause seeks to amend sub-section (3) of section 4a of the principal act to substitute "the code of criminal procedure, 1973" which is of consequential nature in view of the amendment of the said codeclause 8—this clause seeks to insert new sections 4b and 4c in the principal act it provides for conferring power upon the forward markets commission to issue directions to any intermediary or association in the interest of trade and orderly development of commodity derivatives market by the commissionsection 4c proposes to confer pwoer upon the forward markets commission to pass an order requiring any person to cease and desist from committing or causing any violation of the provisions of the principal act or rules or regulations made thereunderclause 9—this clause proposes to insert a new chapter iia in the principal act the proposed section 4d of the said chapter provides for grants by the central government to the forward markets commission and that such grants shall be made after due appropriation made by parliament by law, section 4e contains provisions for constitution of a fund, to be called the forward markets commission general fund which all grants, fees and charges, etc, received by the forward markets commission shall be credited and also the provisions for application of the fund, section 4f contains provisions for maintenance of proper accounts and other relevant records and annual statement of accounts by the forward markets commission and for audit of accounts by the comptroller and auditor general of indiaclause 10—this clause seeks to amend section 5 of the principal act relating to application for recognition of associations under the existing provisions contained in the said section 5, trading in forward contracts by the association is allowed if such association is recognisedsince option in goods or option in commodity derivative are being permitted, it is proposed to extend the scope of trading in options by such associationsunder the existing provisions, the applications for recognition of associations are required to be made to the central government the proposed amendment further seeks to provide that such applications shall, after the commencement of the proposed amendments, be made to the forward markets commissiona transitory provision is also proposed to be made for transfer of such applications with the central government to the commissionclause 11—this clause seeks to amend section 6 of the principal act, which proposes to confer power upon the forward markets commission to grant recognition to associationa validation provision is also proposed to be made for recognitions already granted to associations by the central government before commencement of this actunder the existing provisions, recognition to the association is granted by the central government, it is, inter-alia, proposed to confer power upon the froward markets commission to grant recognition to the association a validation provision is also proposed to be made for recognitions already granted to associations by the central government before commencement of this actclause 12—this clause seeks to substitute section 7, by new sections 7, 7a and 7b, in the principal act, which relates to provide for the withdrawal of recognition, corporatisation and demutualisation of associations and the procedure for corporatisation and demutualisationunder the existing provisions, the central government has been conferred power to withdraw recognition of an association section 7 seeks to confer power upon the forward markets commission instead of the central government to withdraw recognition granted to an association section 7a contains provisions for corporatisation and demutualisation of associations wherein trading of commodities and commodity derivative is conducted or may be carried out section 7b relates to procedure for the corporatisation and demutualisation of the associationsclause 13—this clause seeks to amend section 8 of the principal act which confers power on the central government and the forward markets commission to call for periodical returns or to direct inquiries to be madeclause 14— this clause seeks to amend sub-section (2) of section 9a of the principal act, to confer powers on the central government and forward markets commission to approve the rules made by the recognised associationclause 15— this clause seeks to substitute section 10 of the principal act by new sections 10 and 10a which confers power on the commission to direct rules to be made or to make rules and relating to clearing corporationthe existing provisions contained in section 10 confer power upon the central government to direct rules to be made by an association or to amend rules made by it it is proposed to confer the said power upon the forward markets commission it is also proposed to insert a new section 10a to provide for the transfer of the duties and functions of a clearing house to a clearing corporation and that the clearing corporation is required to make bye-laws for the purpose of transfer of said duties and functions and submit the same to the forward markets commission for its approvalclause 16— this clause seeks to amend section 11 of the principal act, relating to power of recognised associations to make bye-lawsunder the existing provisions, the recognised associations can make bye-laws for the regulation and control of forward contracts subject to the previous approval of the central governmentit is also proposed to confer the said powers upon the forward markets commission and also to extend the scope of the said section to option in goods or option in commodity derivativeclause 17— this clause seeks to substitute sections 12 and 12a of the principal act by new sections which confers power on the commission to make or amend bye-laws of recognised association and application of amendment of bye-lwas to existing forward contractsthe existing provisions contained in section 12 confer powers upon the central government to make or amend bye-laws of recognised associations it is also proposed to confer the said power upon the forward markets commissionthe existing provisions contained in section 12a provides for application for amendment of bye-laws to the existing forward contracts it is further proposed to extend the scope of the said section to the option in goods or option in commodity derivative alsoclause 18— this clause seeks to amend section 12b of the principal act which confers power on the commission to suspend the member of a recognised association or to prohibit him from trading it is proposed to extend the scope of the said section to include trading in option in goods or option in commodity derivative to enable the commission to suspend members of associations who are trading in option in goods or option in commodity derivative in addition to forward cotnractsclause 19— this clause seeks to substitute section 13 of the principal act to confer power on the central government to supersede governing body of recognised association it is proposed to confer the said power upon the forward markets commissionclause 20— this clause seeks to amend section 14 of principal act to confer power on the forward markets commission to suspend business of recognised associationsclause 21— this clause proposes to substitute chapter iiia by a new chapter with sections 14a and 14b in the principal act to provide for registration of memberssection 14a proposes to require the members and intermediaries to register with the forward markets commission section 14b confers power upon the forward markets commission to suspend or cancel the certificate of registrationclause 22— this clause seeks to substitute section 15 of the principal act by new section 15 which provides the circumstances in which the forward contracts are illegal or void it is proposed to substitute said section 15 by a new section so as to do away with the requirement of issuing the notifications in respect of forward contractit is proposed to make forward contract illegal or void unless organised under the aegis of recognised association except under section 17 (power of the central government to prohibit forward contracts or options in goods or option in commodity derivative) and section 18 (special provisions in respect of certain kinds of forward contracts)this clause also proposes to substitute sections 16 and 17 of the forward contracts(regulation) act, 1952, relating to the consequences of contravention of section 15 and relating to power to prohibit forward contracts or option in goods or option in commodity derivativein view of the amendment in section 15 vide clause 22, the marginal heading of section16 would require amendment and the power under section 16 is proposed to be conferred upon the forward markets commissionunder the existing provision contained in section 17, forward contracts in certain cases can be prohibitedit is proposed to extend the scope of the said section 17 to the option in goods or option in commodity derivative and also make certain other minor amendmentsclause 23— this clause seeks to amend section 18 of the principal act which relates to special provisions in respect of certain kinds of forward contracts (non-transferable specific delivery contracts and specific delivery contracts)under the existing provisions contained in section 18 non-transferable specific delivery contracts could be entered into in any area other than recognised associationsit is proposed to amend sub-section (1) of the said section so as to bring specific delivery contracts (both transferable and non-transferable) within the scope of this section the existing provisions contained in sub-section (2) of the said section confer power upon the central government to grant exemption to forward contracts relating to transferable specific delivery contract sub-section (2) of section 18 is proposed to be omitted the omission of sub-section (2) is of consequential in natureclause 24— this clause seeks to substitute a new section for section 19 of the principal act relating to option in goods or option in commodity derivative illegal or void in certain circumstancesunder the existing provisions contained in section 19, trading in options in goods is prohibitedit is proposed to substitute the said section 19 so as to allow trading in option in goods or option in commodity derivativeclause 25— this clause seeks to amend section 20 of the principal act, which relates to penalties it is proposed to extend the scope of the section to options in goods or option in commodity derivate also in addition to forward contractsit is further proposed to extend the scope of the said section in cases of failure to make or accept delivery of goods under non-transferable specific delivery contracts or transferable specific delivery contracts of goods by inserting new clasue (da) in the said section under the existing provisions, the monetary penalty for contravention of provisions of chapter iv (forward contracts and option in goods) and option in commodity derivative is "one thousand rupees" it is also proposed to enhance the said monetary penalty to "twenty-five thousand rupees"clause 26—this clause seeks to amend section 21 of the principal act, which relates to penalty for owning or keeping place used for entering into forward contracts in goodsunder the existing provisions, penalty is provided in relation to entering into forward contracts in goodsit is proposed to include in clauses (a) to (f) of the said section the options in goods or option in commodity derivative in addition to forward contracts it is further proposed to enhance monetary penalty from "one thousand rupees" specified in the aforesaid section 21 to "twenty-five thousand rupees"clause 27—this clause proposes to substitute section 21a of the principal act, which relates to power of court to order forfeiture of property by the new sections 21a, 21b, 21c, 21d, 21e, 21f, 21g, 21h, 21-i, 21j, 21k and 21lsection 21a contains provisions for penalty relating to failure to furnish information, return, etc section 21b contains provisions for penalty relating to failure by any person to enter into an agreement with clients section 21c contains provisions relating to panalty for failure to redress clients' grievances section 21d contains provisions relating to penalty for insider trading section 21e contains provisions relating to penalty for fraudulent and unfair trade practices' section 21f contains provisions relating to penalty for default in case of an intermediary section 21g contains relating to penalty for failure to comply with directives of the commission section 21h contains provisions relating to consequences of failure to pay penalty section 21-i contains provisions relating to power to adjudicate section 21j contains provisions relating to factors to be taken into account by adjudicating officer section 21k contains provisions relating to crediting sums realised by way of penalties to consolidated fund of india section 21l contains provisions relating to power of court to order forfeiture of property the contraventions for which the penalty is leviable (except under new section 21g) are broadly on the lines of the provisions contained in the securities and exchange board of india act, 1992 but the quantum of monetary penalty is different in the said new sections from the monetary penalties specified under the securities and exchange board of india act, 1992clause 28—this clause seeks to amend section 22a of the principal act, which relates to power to search and seize books of account or other documents in the case of forward contracts or option in goods entered into in contravention of provisions of the actit is proposed to extend the scope of the said section to option in commodity derivative and gives reference of the code of criminal procedure, 1898, which has been repealed and reenacted as the code of criminal procedure, 1973clause 29—this clause seeks to amend section 22b relating to presumption to be drawn in certain cases it is proposed to extend the scope of this section to option in commodity derivative alsoclause 30—this clause seeks to insert a new section 22c in the principal act, which relates to confer power upon the forward markets commission to direct the investigating authority to investigate the affairs of intermediary or person associated with the commodity derivative market and to submit the report to the forward market commissionclause 31—this clause seeks to insert new clause (e) in section 23 of the principal act, which specifies certain offences to be cognizable it is proposed to insert reference of section 21h so as to make the offence specified in the proposed new section 21h (consequences of failure to pay penalty) cognizableclause 32—this cluase seeks to insert new section 24a in the principal act, which relates to bar the jurisdication of the civil courts relating to any matter in respect of which the adjudicating officer or the forward markets commission has the jurisdiction under the actclause 33—this clause proposes to insert a new chapter va in the principal act, which relates to jurisdiction, authority and procedure of appellete tribunalsection 24b contains provisions relating to appeal to the appellate tribunal it is further provided that the central government shall, specify by notification, the matters and places in relation to which the appellate tribunal may exercise jurisdictionsection 24c contains provisions for right to legal representation section 24d contains provisions for limitation section 24e contains provisions for appeal to the supreme courtclause 34—this clause seeks to insert new sections 26a, 26b, 26c, 26d, 26e and 26fin the act section 26a contains provision relating to power of the central government to issue directions section 26b contains provisions relating to power of the central government to supersede the forward markets commission section 26c contains provisions relating to returns and reports to be furnished by the forward markets commission section 26d contains provisions relating to delegation of powers by the commission section 26e cotains provisions relating to bar of jurisdiction section 26f contains provision relating to members, officers and employees of the commission to be public servantsclause 35—this clause proposes to insert new section 27b in the principal act, which relates to exemption from tax on wealth, income, profits or gains of the forward markets commissionclause 36—this clause seeks to amend section 28 in the principal act, which confers power upon the central government to make rules in respect of certain mattersclause 37—this clause seeks to insert new sections 28a and 28b in the principal actsection 28a proposes to confer power upon the forward markets commission to make regulations the regulations to be made by the forward markets commission shall be laid before both houses of parliamentsection 28b provides that the provisions of the principal act shall be in additional to and not in derogation of the provisions of any other law for the time being in forceclause 38—this clause seeks to amend section 15u of the securities and exchange board of india act, 1992 it is proposed to widen the scope of the said section to the matters arising out of the forward contracts (regulation) act, 1952 the proposed amendment is consequential in natureclause 39—this clause seeks to repeal the forward contracts (regulation) amendment ordinance, 2008 and provides for saving of the action taken under the said ordinance financial memorandumclause 4 of the bill seeks to provide that the forward markets commission shall be a body corporate with powers to acquire, hold and dispose of property, both movable and immovable and to contract, etc clause 5 of the bill seeks to insert a new section 3a for the appointment of the chairman and eight other members the proposed section 3b provides for the conditions of service of the chairman and members of the commission to be prescribed by rules made under the act the proposed section 3h provides for appointment of officers and other employees of the commission and to provide for their conditions of service to be determined by regulations accordingly, the structure and infrastructure facility of the commission will have to be suitably augmented and strengthened2 clause 9 of the bill seeks to insert a new chapter iia to the act relating to finance, accounts and audit the proposed new section 4d provides for grants to the commission by the central government by due appropriation made by parliament the new section 4e provides for a fund to be called the forward markets commission general fund to which all grants, fees and all sums received by the commission from such sources shall be credited as may be decided by the central government3 the expenditure involved in the operational expenses of the forward markets commission including rent for additional premises, salary, etc, shall be rupees twenty-five crore for the year 2008-09, for acquiring and furnishing of new premises and part of the operational expenses shall be rupees sixty-five crore for the year 2009-10, for operational expenses and furnishing of new premises to the extent not met by revenue shall be rupees twenty-five crore for the year 2010-11 and operational expenses to the extent not met by revenue for the year 2011-12 shall be rupees five crore thus, an amount of rupees one hundred-twenty crores will be required as interest free loan as detailed above subject to the moratorium period of five years and repayment period of ten years of the expiry of moratorium period4 it is estimated that the bill will not involve any other expenditure of recurring or nonrecurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 36 of the bill seeks to amend section 28 of the forward contracts (regulation)act, 1952 this clause empowers the central government to make rules, by notification, to carry out the provisions of the proposed legislation the matters in respect of which such rules may be made are specified therein these matters relate, inter alia, to provide for (i) the additional duties and powers that may be performed or exercised by the commission under clause (q) of section 4; (ii) the form and manner in which the annual statement of accounts of the commission shall be maintained under section 4f; (iii) the rules for dealing by foreign participant or foreign intermediary under the proviso to sub-section (3) of section 14a; (iv)the manner of inquiry under clause (a) of section 21-i; (v) the form in which an appeal may be filed before the appellate tribunal under sub-section (4) of section 24b and the fees payable in respect of such appeal; (vi) the form and the manner in which returns and report to be made to the central government under section 26c; (vii) any other matter which is to be, or may be, prescribed, or in respect of which provision is to be, or may be, made by rules2 clause 37 of the bill seeks to insert a new section 28a in the forward contracts(regulation) act, 1952 this clause empowers the commission to make regulations, by notification, to carry out the purposes of the proposed legislation the matters in respect of which such rules may be made are specified therein these matters relate, inter alia, to provide for (i) the times and places of meetings of the commission and the procedure to be followed at such meetings under section 3d including quorum necessary for the transaction of business; (ii) the terms and other conditions of service of officers and employees of the commission under sub-section (2) of section 3h; (iii) the manner in which the fresh issue of equity shares shall be made to the public, under sub-section (8) of section 7b; (iv) the form in which and the terms and conditions subject to which applications for certificates of registration may be made under sub-section (2) of section 14a and the levy of fees in support of such application; (v) the terms and conditions subject to which registration may be granted under sub-section (4) of section 14a; (vi) the manner in which the certificate of registration may be granted, suspended or cancelled under section 14b; (vii) any other matter relating to conduct of commodity derivatives including trading, clearing, settlement and delivery of goods, forward contracts, option in goods or option in commodity derivate3 the rules made by the central government and the regulations made by the forward markets commission shall be laid, as soon as may be after they are made, before each house of parliament4 the matters in respect of which rules and regulations may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the forward contracts (regulation) act, 1952 (74 of 1952)an act to provide for the regulation of certain matters relating to forward contracts, the prohibition of options in goods and for matters connected therewith definitions2 in this act, unless the context otherwise requires,—(a) "association" means any body of individuals, whether incorporated or not, constituted for the purpose of regulating and controlling the business of the sale or purchase of any goods; (c) "forward contract" means a contract for the delivery of goods and which is not a ready delivery contract; (i) "ready delivery contract" means a contract which provides for the delivery of goods and the payment of a price therefor, either immediately or within such period not exceeding eleven days after the date of the contract and subject to such conditions as the central government may, by notification in the official gazette, specify in respect of any goods, the period under such contract not being capable of extension by the mutual consent of the parties thereto or otherwise: provided that where any such contract is performed either wholly or in part,—(1) by tendering of the documents of title to the goods covered by the contract by any party thereto (not being a commission agent or a bank) who has acquired ownership of the said documents by purchase, exchange or otherwise, to any other person (including a commission agent but not including a bank); or(2) by the realisation of any sum of money, being the difference between the contract rate and the settlement rate or clearing rate or the rate of any offsetting contract; or(3) by any other means whatsoever, and as a result of which the actual tendering of the goods covered by the contract or the payment of the full price therefor is dispensed with, then, such contract shall not be deemed to be a ready delivery contract explanation—for the purposes of this clause,—10 of 1949 2 of 1934 5 of 1970(i) "bank" includes any banking company as defined in the banking regulation act, 1949, a co-operative bank as defined in the reserve bank of india, 1934, the state bank of india and any of its subsidiaries and any corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970;(ii) "commission agent" means a person who, in the ordinary course of business, makes contract for the sale or purchase of goods for others for a remuneration (whether known as commission or otherwise) which is determined in the contract itself or determinable from the terms of the contract, in either case, only with reference to the quantity of goods or to the price therefore as stipulated in the contract;(j) "recognised association" means an association to which recognition for the time being has been granted by the central government under section 6 in respect of goods or classes of goods specified in such recognition;(jj) "registered association" means an association to which for the time being a certificate of registration has been granted by the commission under section 14b; (m) "specific delivery contract" means a forward contract which provides for the actual delivery of specific qualities or types of goods during a specified future period at a price fixed thereby or to be fixed in the manner thereby agreed and in which the names of both the buyer and the seller are mentioned; 3 (1) $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ $\ast$ \(2) the commission shall consist of not less than two, but not exceeding four, members appointed by the central government one of them being nominated by the central government to be the chairman thereof; and the chairman and the other member or members shall be either whole-time or part-time as the central government may direct:establishment and constitution of the forward markets commissionprovided that the members to be so appointed shall be persons of ability, integrity and standing who have shown capacity in dealing with problems relating to commerce or commodity markets, or in administration or who have special knowledge or practical experience in any matter which renders them suitable for appointment on the commission(3) no person shall be qualified for appointment as, or for continuing to be, a member of the commission if he has, directly or indirectly, any such financial or other interest as is likely to affect prejudicially his functions as a member of the commission, and every member shall, whenever required by the central government so to do, furnish to it such information as it may require for the purpose of securing compliance with the provisions of this subsection(4) no member of the commission shall hold office for a period of more than three years from the date of his appointment, and a member relinquishing his office on the expiry of his term shall be eligible for reappointment(5) the other terms and conditions of service of members of the commission shall be such as may be prescribed4 the functions of the commission shall be—functions of the commission(a) to advise the central government in respect of the recognition of, or the withdrawal of recognition from any association or in respect of any other matter arising out of the administration of this act; (e) to undertake the inspection of the accounts and other documents of any recognised association or registered association or any member of such association whenever it considers it necessary; and(f) to perform such other duties and exercise such other powers as may be assigned to the commission by or under this act, or as may be prescribed| 4a ||---------------|| powers of the || commission |45 of 1860 5 of 1898(3) the commission shall be deemed to be a civil court and when any offence described in section 175, section 178, section 179, section 180 or section 228 of the indian penal code is committed in the view or presence of the commission, the commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the code of criminal procedure, 1898, forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 482 of the said code| | | | | ||------|------|------|------|-----| chapter iii recognised associations5 (1) any association concerned with the regulation and control of forward contracts which is desirous of being recognised for the purposes of this act may make an application in the prescribed manner to the central governmentapplication for recognition of associations(2) every application made under sub-section (1) shall contain such particulars as may be prescribed and shall be accompanied by a copy of the bye-laws for the regulation and control of forward contracts and also a copy of the rules relating in general to the constitution of the association, and, in particular, to—(a) the governing body of such association, its constitution and powers of management and the manner in which its business is to be transacted;(b) the powers and duties of the office bearers of the association; (c) the admission into the association of various classes of members, the qualifications of members, and the exclusion, suspension, expulsion and readmission of members therefrom or therein to;(d) the procedure for registration of partnerships as members of the association and the nomination and appointment of authorised representatives and clerksgrant of recognition t o association6 (1) if the central government, after making such enquiry as may be necessary in this behalf and after obtaining such further information, if any, as it may require, is satisfied that it would be in the interest of the trade and also in the public interest to grant recognition to the association which has made an application under section 5, it may grant recognition in such form and subject to such conditions as may be prescribed or specified, and shall specify in such recognition the goods or classes of goods with respect to which forward contracts may be entered into between members of such association or through or with any such member(2) before granting recognition under sub-section (1), the central government may, by order, direct,—(a) that there shall be no limitation on the number of members of the association or that there shall be such limitation on the number of members as may be specified;(b) that the association shall provide for the appointment by the central government of a person, whether a member of the association or not, as its representative on, and of not more than three persons representing interests not directly represented through membership of the association as member or members of, the governing body of such association, and may require the association to incorporate in its rules any such direction and the conditions, if any, accompanying it (3) no rules of a recognised association shall be amended except with the approval of the central government(4) every grant of recognition under this section shall be published in the gazette of india and also in the official gazette of the state in which the principal office of the recognised association is situate, and such recognition shall have effect as from the date of its publication in the gazette of indiawithdrawal of recognition7 if the central government is of opinion that any recognition granted to an association under the provisions of this act should, in the interest of the trade or in the public interest, be withdrawn, the central government may, after giving a reasonable opportunity to the association to be heard in the matter, withdraw, by notification in the official gazette, the recognition granted to the said association:provided that no such withdrawal shall affect the validity of any contract entered into or made before the date of the notification, and the central government may make such provision as it deems fit in the notification of withdrawal or in any subsequent notification similarly published for the due performance of any contracts outstanding on that date8 (1) every recognised association and every member thereof shall furnish to the central government such periodical returns relating to its affairs, or the affairs of its members, or his affairs, as the case may be, as may be prescribed(2) without prejudice to the provisions contained in sub-section (1), where the central government considers it expedient so to do, it may, by order in writing,—power of central government to call for periodical returns or direct inquiries to be made(a) call upon a recognised association to or a member thereof to furnish in writing such information or explanation relating to its affairs or the affairs of any of its members or his affairs, as the case may be, as the central government may require, or(b) appoint one or more persons to make an enquiry in relation to the affairs of such association or the affairs of any of its members and submit a report of the result of such inquiry to the central government within such time as may be specified in the order or, in the alternative, direct the inquiry to be made, and the report to be submitted, by the governing body of such association acting jointly with one or more representatives of the central government; and(c) direct the commission to inspect the accounts and other documents of any recognised association or of any of its members and submit its report thereon to the central government (3) where an inquiry in relation to the affairs of a recognised association or the affairs of any of its members has been undertaken under sub-section (2)—(a) every director, manager, secretary or other officer of such association, (b) every member of such association, (c) if the member of the association is a firm, every partner, manager, secretary or other officer of the firm, and(d) every other person or body of persons who has had dealings in the course of business with any of the persons mentioned in clauses (a), (b) and (c), shall be bound to produce before the authority making the inquiry, all such books, accounts, correspondence and other documents in his custody or power relating to, or having a bearing on the subject matter of, such inquiry and also to furnish the authority with any such statement or information relating thereto as may be required of him, within such time as may be specified(4) every recognised association and every member thereof shall maintain such books of account and other documents as the commission may specify and the books of account and other documents so specified shall be preserved for such period not exceeding three years as the commission may specify and shall be subject to inspection at all reasonable times by the commission 1 of 1956(2) no rules of a recognised association made or amended in relation to any matter referred to in clauses (a) to (g) of sub-section (1) shall have effect until they have been approved by the central government and published by that government in the official gazette and, in approving the rules so made or amended, the central government may make such modifications therein as it thinks fit, and on such publication, the rules as approved by the central government shall be deemed to have been validly made, notwithstanding anything to the contrary contained in the companies act, 1956| ||----------------|| power of || recognised || association to || make rules || respecting || admission of || a firm or a || hindu || undivided || family, || grouping of || members, || restricting || voting rights, || etc, in || special cases |10 (1) whenever the central government considers it expendient so to do, it may, by order in writing, direct any recognised association to make any rules or to amend any rules made by the recognised association within such period as it may specify in this behalfpower of central government to direct rules to be made or to make rules(2) if any recognised association, against whom an order is issued by the central government under sub-section (1), fails or neglects to comply with such order within the specified period, the central government may make the rules or amend the rules made by the recognised association, as the case may be, either in the form specified in the order or with such modification thereof as the central government may think fit1 of 1956(3) where, in pursuance of sub-section (2), any rules have been made or amended, the rules so made or amended shall be published in the gazette of india, and shall, thereupon, have effect notwithstanding anything to the contrary contained in the companies act, 1956, or any other law for the time being in force, as if they had been made or amended by the recognised association concerned11 (1) any recognised association may, subject to the previous approval of the central government, make bye-laws for the regulation and control of forward contractspower of recognised association to make byelaws(2) in particular, and without prejudice to the generality of the foregoing power, such bye-laws may provide for—(a) the opening and closing of markets and the regulation of the hours of trade; (b) a clearing house for the periodical settlement of contracts and differences thereunder, the delivery of, and payment for, goods, the passing on of delivery orders and for the regulation and maintenance of such clearing house;(c) the number and classes of contracts in respect of which settlements shall be made or differences paid through the clearing house;(d) fixing, altering or postponding days for settlement; (e) determining and declaring market rates, including opening, closing highest and lowest rates for goods;(f) the terms, conditions and incidents of contracts including the prescription of margin requirements, if any and conditions relating thereto, and the forms of contracts in writing;(g) regulating the entering into, making, performance, rescission and termination of contracts, including contracts between members or between a commission agent and his constituent, or between a broker and his constituent, or between a member of the recognised association and a person who is not a member, and the consequences of default or insolvency on the part of a seller or buyer or intermediary, the consequences of a breach or omission by a seller or buyer and the responsibility of commission agents and brokers who are not parties to such contracts;(h) the admission and prohibition of specific classes or types of goods or of dealings in goods by a member of the recognised association;(i) the method and procedure for the settlement of claims or disputes including the settlement thereof by arbitration;(j) the levy and recovery of fees, fines and penalties; (k) the regulation of the course of business between parties to contracts in any capacity;(l) the fixing of a scale of brokerage and other charges; (m) the making, comparing, settling and closing of bargains; (n) the regulation of fluctuations in rates and prices; (o) the emergencies in trade which may arise and the exercise of powers in such emergencies including the power to fix maximum and minimum prices;(p) the regulation of dealings by members for their own account; (q) the limitations on the volume of trade done by any individual member; (r) the obligation of members to supply such information or explanation and to produce such books relating to their business as the governing body may require (3) the bye-laws made under this section may—(a) specify the bye-laws the contravention of any of which shall make a contract entered into otherwise than in accordance with the bye-laws void under sub-section (2) of section 15;(aa) specify the bye-laws the contravention of any of which shall make a forward contract entered into otherwise than in accordance with the bye-laws illegal under sub-section (3a) of section 15;(b) provide that the contravention of any of the bye-laws shall—(i) render the member concerned liable to fine; or (ii) render the member concerned liable to expulsion or suspension from the recognised association or to any penalty of a like nature not involving the payment or money(4) any bye-laws made under this section shall be subject to such conditions in regard to previous publication as may be prescribed, and when approved by the central government, shall be published in the gazette of india:provided that the central government may, in the interest of the trade or in the public interest, by order in writing, dispense with the condition of previous publication, in any case12 (1) the central government may, either on a request in writing received by it in this behalf from the governing body of a recognised association or if in its opinion it is expedient so to do, make bye-laws for all or any of the metters specified in section 11 or amend any byelaws made by such association under that sectionpower of central government to make or amend byelaws of recognised associations(2) where, in pursuance of this section, any bye-laws have been made or amended, the bye-laws so made or amended shall be published in the gazette of india and shall thereupon have effect as if they had been made or amended by the recognised association(3) notwithstanding anything contained in this section, where the governing body of a recognised association objects to any bye-laws made or amended under this section by the central government on its own motion, it may, within six months of the publication thereof under sub-section (2), apply to the central government for a revision thereof, and the central government may, after giving a reasonable opportunity to the governing body of the association to be heard in the matter, revise the bye-laws so made or amended, and where any bye-laws so made or amended are revised as a result of any action taken under this subsection, the bye-laws so revised shall be published and shall become effective as provided in sub-section (2)(4) the making or the amendment or revision of any bye-laws under this section shall in all cases be subject to such conditions in regard to previous publication as may be prescribed:provided that the central government may, in the interest of the trade or in the public interest, by order in writing, dispense with the condition of previous publicationapplication of amendment of bye-laws to existing forward contracts12a any amendment of a bye-law under section 11 other than an amendment made in pursuance of clause (a) or clause (aa) of sub-section (3) of that section or under section 12shall also apply to all forward contracts entered into before the date of its approval by the central government or before the date of its publication in the gazette of india, as the case may be, and remaining to be performed on or after the said datepower of commission to suspend member of recognised association or to prohibit him from trading12b (1) if, in the interest of trade or in the public interest, the commission considers it necessary to suspend a member from his membership of any recognised association or to prohibit such members from entering into any forward contract for the sale or purchase in his own name or through another member of a recognised association of any goods or class of goods, then, notwithstanding anything contained in any law for time being in force or in the rules or bye-laws of a recognised association, the commission may, after giving an opportunity to the member concerned of being heard, by order suspend his membership of any association or prohibit him from entering into any such contract (3) no order made under sub-section (1) in respect of any member of a recognised association shall affect the validity of any forward contract entered into or made by, with or through such member on or before the date of such order and remaining to be performed on or after the said date; but the commission may make such provision as it deems fit in such order or in any subsequent order for the closing out of any such forward contractpower of central government to supersede governing body of recognised association13 (1) without prejudice to any other powers vested in the central government under this act, where the central government is of opinion that the governing body of any recognised association should be superseded, then, notwithstanding anything contained in this act or in any other law for the time being in force, the central government may, after giving a reasonable opportunity to the governing body of the recognised association concerned to show cause why it should not be superseded, by notification in the official gazette, declare the governing body of such association to be superseded for such period not exceeding six months as may be specified in the notification, and may appoint any person or persons to exercise and perform all the powers and duties of the governing body, and where more persons than one are appointed may appoint one of such persons to be the chairman and another of such persons to be the vice-chairman(2) on the publication of a notification in the official gazette under sub-section (1), the following consequences shall ensue, namely:—(a) the members of the governing body which has been superseded shall, as from the date of the notification of supersession, cease to hold office as such members;(b) the person or persons appointed under sub-section (1) may exercise and perform all the powers and duties of the governing body which has been superseded;(c) all such property of the recognised association as the person or persons appointed under sub-section (1) may, by order in writing, specify in this behalf as being necessary for the purpose of enabling him or them to carry out the purposes of this act, shall vest in such person or persons (3) notwithstanding anything to the contrary contained in any law or the rules or byelaws of the association whose governing body is superseded under sub-section (1), the person or persons appointed under that sub-section shall hold office for such period as may be specified in the notification published under that sub-section, and the central government may, from time to time, by like notification vary such period(4) on the determination of the period of office of any person or persons appointed under this section the recognised association shall forthwith reconstitute a governing body in accordance with its rules:provided that until a governing body is so reconstituted, the person or persons appointed under sub-section (1) shall, notwithstanding anything contained in sub-section (1) continue to exercise and perform their powers and duties(5) on the reconstitution of a governing body under sub-section (4), all the property of the recognised association which had vested in, or was in the possession of, the person or persons appointed under sub-section (1) shall vest or revest, as the case may be, in the governing body so reconstitutedpower to suspend business of recognised associations14 if in the interest of the trade or in the public interest the central government considers it expedient so to do, it may, by notification in the official gazette, direct a recognised association to suspend such of its business for such period not exceeding seven days and subject to such conditions as may be specified in the notification, and may if, in the opinion of the central government, the interest of the trade or the public interest so requires by like notification extend the said period from time to time:provided that where the period of suspension is likely to exceed one month, no notification extending the suspension beyond such period shall be issued, unless the governing body of the recognised association has been given an opportunity of being heard in the matter chapter iiia registered associations62 of 1960certificate of registration to be obtained by all associations14a (1) no association concerned with the regulation and control of business relating to forward contracts shall, after the commencement of the forward contracts (regulation) amendment act, 1960 (hereinafter referred to as such commencement), carry on such business except under, and in accordance with, the conditions of a certificate of registration granted under this act by the commission(2) every association referred to in sub-section (1) which is in existence at such commencement, before the expiry of six months from such commencement, and every association referred to in sub-section (1) which is not in existence at such commencement, before commencing such business, shall make an application for a certificate of registration to the commission in such form and containing such particulars as may be prescribed:provided that the commission may in its discretion extend from time to time the period of six months aforesaid up to one year in the aggregate(3) nothing in this section shall be deemed—(a) to prohibit an association in existence at such commencement from carrying on its business until the disposal of the application made by it under sub-section (2); or(b) to require a recognised association in existence at such commencement to make an application under sub-section (2); and every such association shall, as soon as may be after such commencement, be granted free of cost by the commission a certificate of registration14b on receipt of an application under section 14a, the commission, after making such enquiry as it considers necessary in this behalf may by order in writing grant a certificate of registration or refuse to grant it:grant or refusal of certificate of registrationprovided that before refusing to grant such certificate, the association shall be given an opportunity of being heard in the matter14c the provisions of sections 8 and 12b shall apply in relation to a registered association as they apply in relation to a recognised association with the substitution of—applications of sections 8 and 12b to registered associations(i) references to the registered association, for references to the recognised association; and(ii) the words "two years", for the words "three years" in sub-section (2) of section 12b chapter iv forward contracts and options in goodsforward contracts in notified goods illegal or void in certain circumstances15 (1) the central government may, by notification in the official gazette, declare this section to apply to such goods or class of goods and in such areas as may be specified in the notification, and thereupon, subject to the provisions contained in section 18, every forward contract for the sale or purchase of any goods specified in the notification which is entered into in the area specified therein otherwise than between members of a recognised association or through or with any such member shall be illegal(2) any forward contract in goods entered into in pursuance of sub-section (1) which is in contravention of any of the bye-laws specified in this behalf under clause (a) of subsection (3) of section 11 shall be void—(i) as respects the rights of any member of the recognised association who has entered into contract in contravention of any such bye-law, and also;(ii) as respects the rights of any other person who has knowingly participated in the transaction entailing such contravention (3) nothing in sub-section (2) shall affect the right of any person other than a member of the recognised association to enforce any such contract or to recover any sum under or in respect of such contract:provided that such person had no knowledge that such transaction was in contravention of any of the bye-laws specified under clause (a) of sub-section (3) of section 11(3a) any forward contract in goods entered into in pursuance of sub-section (1)which at the date of the contract is in contravention of any of the bye-laws specified in this behalf under clause (aa) of sub-section (3) of section 11 shall be illegal(4) no member of a recognised association shall, in respect of any goods specified in the notification under sub-section (1), enter into any contract on his own account with any person other than a member of the recognised association, unless he has secured the consent or authority of such person and discloses in the note, memorandum or agreement of sale or purchase that he has bought or sold the goods, as the case may be, on his own account:provided that where the member has secured the consent or authority of such person otherwise than in writing he shall secure a written confirmation by such person of such consent or authority within three days from the date of such contract:provided further that in respect of any outstanding contract entered into by a member with a person other than a member of the recognised association, no consent or authority of such person shall be necessary for closing out in accordance with the bye-laws the outstanding contract, if the member discloses in the note, memorandum or agreement of sale or purchase in respect of such closing out that he has bought or sold the goods, as the case may be, on his own account16 where a notification has been issued under section 15, then notwithstanding anything contained in any other law for the time being in force or in any custom, usage or practice of the trade or the terms of any contract or the bye-laws of any association concerned relating to any contract,—consequences of notification under section 15(a) every forward contract for the sale or purchase of any goods specified in notification, entered into on or before the date of the notification and remaining to be performed after the said date and which is not in conformity with the provisions of section 15, shall be deemed to be closed out at such rate as the central government may fix in this behalf, and different rates may be fixed for different classes of such contracts;(b) all differences arising out of any contract so deemed to be closed out shall be payable on the basis of the rate fixed under clause (a) and the seller shall not be bound to give and the buyer shall not be bound to take delivery of the goodspower to prohibit forward contracts in certain cases17 (1) the central government may, by notification in the official gazette, declare that no person shall, save with the permission of the central government, enter into any forward contract for the sale or purchase of any goods or class of goods specified in the notification and to which the provisions of section 15 have not been made applicable, except to the extent and in the manner, if any, as may be specified in the notification(2) all forward contracts in contravention of the provisions of sub-section (1) entered into after the date of publication of the notification thereunder shall be illegal(3) where a notification has been issued under sub-section (1), the provisions of section 16 shall, in the absence of anything to the contrary in the notification, apply to all forward contracts for the sale or purchase of any goods specified in the notification entered into on or before the date of the notification and remaining to be performed after the said date as they apply to all forward contracts for the sale or purchase or any goods specified in the notification under section 1518 (1) nothing contained in chapter iii or chapter iv shall apply to non-transferable specific delivery contracts for the sale or purchase of any goods:special provisions respecting certain kinds of forward contractsprovided that no person shall organise or assist in organising or be a member of any assocation in any area to which the provisions of section 15 have been made applicable (other than a recognised association) which provides facilities for the performance of any non-transferable specific delivery contract by any party thereto without having to make or to receive actual delivery to or from the other party to the contract or to or from any other party named in the contract(2) where in respect of any area the provisions of section 15 have been made applicable in relation to forward contracts for the sale or purchase of any goods or class of goods, the central government may, by a like notification, declare that in the said area or any part thereof as may be specified in the notification all or any of the provisions of chapter iii or chapter iv shall not apply to transferable specific delivery contracts for the sale or purchase of the said goods or class of goods either generally, or to any class of such contracts in particular(3) notwithstanding anything contained in sub-section (1), if the central government is of opinion that in the interest of the trade or in the public interest it is expedient to regulate and control non-transferable specific delivery contracts in any area, it may, by notification in the official gazette, declare that all or any of the provisions of chapters iii and iv shall apply to such class or classes of non-transferable specific delivery contracts in such area and in respect of such goods or class of goods as may be specified in the notification, and may also specify the manner in which and the extent to which all or any of the said provisions shall so applyprohibition of options in goods19 (1) notwithstanding anything contained in this act or in any other law for the time being in force, all options in goods entered into after the date on which this section comes into force shall be illegal(2) any option in goods which has been entered into before the date on which this section comes into force and which remains to be performed, whether wholly or in part, after the said date shall, to that extent become void chapter v penalties and procedurepenalties20 any person who—(a) (i) in any return, statement or other document required by or under this act, makes a statement which is false in any material particular, knowing it to be false, or wilfully omits to make a meterial statement; or(ii) without reasonable excuse (the burden of proving which shall be on him)fails to furnish any return, statement or other document or any information or to answer any question or to comply with any requisition made under this act or any rules made thereunder; or(iii) enters into any forward contract during the period of suspension of business of a recognised association in pursuance of a notification under secion 14; or(b) is a member of any association, other than a recognised association, to which a certificate or registration has not been granted under this act; or(c) publishes or circulates information relating to the rate at which any forward contract has been entered into in contravention of any of the bye-laws of a recognised association; or(d) organises, or assists in organising, or is a member of, any association in contravention of the provisions contained in the proviso to sub-section (1) of section 18; or(e) enters into any forward contract or any option in goods in contravention of any of the provisions contained in sub-section (1) or sub-section (3a) or sub-section (4) of section 15, section 17 or section 19, shall, on conviction, be punishable—(i) for a first offence, with imprisonment which may extend to one year, or with a fine of not less than one thousand rupees, or with both;(ii) for a second or subsequent offence under clause (d), or under clause(e) [other than an offence in respect of a contravention of the provisions of subsection (4) of section 15] with imprisonment which may extent to one year and also with fine: 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 be not less than one month and the fine shall be not less than one thousand rupees21 any person who—(a) owns or keeps a place other than that of a recognised association, which is used for the purpose of entering into a making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this act and knowingly permits such place to be used for such purposes, orpenalty for owning or keeping place used for entering into forward contracts in goods(b) without the permission of the central government, organises, or assists in organising, or becomes a member of, any association, other than a recognised association, for the purpose of assisting in, entering into or making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this act, or(c) manages, controls or assists in keeping any place other than that of a recognised association, which is used for the purpose of entering into or making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this act or at which such forward contracts are recorded or adjusted, or rights or liabilities arising out of such forward contracts are adjusted, regulated or enforced in any manner whatsoever, or(d) not being a member of a recognised association, wilfully represents to, or induces, any person to believe that he is a member of a recognised association or that forward contracts can be entered into or made or performed, whether wholly or in part, under this act through him, or(e) not being a member of a recongnised association or his agent authorised as such under the rules or by-laws or such association, canvasses, advertises or touts in any manner, either for himself or on behalf of any other person, for any business connected with farward contracts in contravention of any of the provisions of this act, or(f) joins, gathers, or assists in gethering at any place, other than the place of business specified in the bye-laws of a recognised association, any person or persons for making bids or offers or for entering into or making or performing, whether wholly or in part, any forward contracts in contravention of any of the provisions of this act, or(g) makes, publishes or circulates any statement or information which is false and which he either knows or believes to be false, affecting or tending to affect the course of business in forward contracts in respect of goods to which the provisions of section 15 have been made applicable, or(h) manipulates or attempts to manipulate prices in respect of forward contracts for the sale or purchase of any goods specified in any notification under section 15, in any area specified in that notification, shall, on conviction, be punishable—(i) for a first offence, with imprisonment which may extend to two years, or with a fine of not less than one thousand rupees, or with both;(ii) for a second or subsequent offence, with imprisonment which may extend to two years and also with fine: 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 be not less than one month and the fine shall be not less than one thousand rupees21a any court trying an offence punishable under section 20 or section 21 may, if it thinks fit and in addition to any sentence which it may impose for such offence, direct that any money, goods or other property in respect of which the offence has been committed, shall be forfeited to the central governmentpower of court to order forfeiture of propertyexplanation—for the purposes of this section, property in respect of which an offence has been committed, shall include deposits in a bank where the said property is converted into such deposits power to search and seize books of account or other documents22a (l) any presidency magistrate or a magistrate of the first class may, by warrant, authorise any police officer not below the rank of sub-inspector to enter upon and search any place where books of account or other documents relating to forward contracts or options in goods entered into in contravention of the provisions of this act, may be or may be reasonably suspected to be, and such police officer may seize any such book or documents, if in his opinion, it relates to any such forward contract or option in goods5 of 1898(2) the provisions of the code of criminal procedure, 1898, shall, so far as may be, apply to any search or seizure made under sub-section (1) as they apply to any search or seizure made under the authority of a warrant issued under section 98 of the said codepresumptions to be drawn in certain cases22b (1) where any books of account or other documents are seized from any place and there are entries therein making reference to quantity, quotations, rates, months of delivery, receipt or payment of differences or sale or purchase of goods or option in goods, such books of account or other documents shall be dimitted in evidence without witnesses having to appear to prove the same; and such entries shall be prime facie evidence of the matters, transactions and accounts purported to be therein recorded(2) in any trial for an offence punishable under section 21, it shall be presumed, until the contrary is proved, that the place in which the books of account or other documents referred to in sub-section (1) where seized, was used, and that the persons found therein were present, for the purpose of committing the said offence5 of 189823 notwithstanding anything contained in the code of criminal procedure, 1898, the following offences shall be deemed to be cognizable within the meaning of that code, namely:—certain offences to be cognizable 28 (1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for— (cc) the manner in which applications for certificates of registration may be made under section 14a and the levy of fees in respect of such applications; (g) any other matter which is to be or may be prescribed ———— extract from the securities and exchnage board of india act, 1992 (15 of 1992) 15u (l) procedure and powers of the securities appellate tribunal5 of 1908(2) the securities appellate tribunal shall have, for the purposes of discharging their functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:—| ( | a | ) summoning an 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 dafault or deciding it ex parte;(g) setting aside any order of dismissal of any application for dafault or any order passed by it ex parte;(h) any other matter which may be prescribed lok sabha———— a billfurther to amend the forward contracts (regulation) act, 1952 and the securities and exchange board of india act, 1992————(shri sharad pawar, minister of agriculture and consumer affairs, food and public distribution)mgipmrnd—779ls(s-5)—05032008

Parliament_bills

95ebad53-a5a6-5d5d-8b07-31962e83612e

8111 no 90 of j970 the high court judges (conditions of service) amendment bill, 1970 a billfurther to amend the high court judges (conditions of service) act 1954 be it enacted by parliament in the twenty-first year of the republic of india as follows:-1 (1) this act may be called the high court judges (conditions of service) amendment act, 1970 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint short title and com· mencement 28 of 19m amendment of section 2 2 in section 2 of the high court judges (conditions of service) act, 1954 (hereinafter referred to as the principal act), in sub-section (1), in sub-clause (ii) of clause (h), for the words "one month", the 10 words "forty-five days" shall be substituted 3 in section 3 of the principal act, in sub-section (1), for dause (a), the following clause shall be substituted, namely:-amendment of section 3, "(a) leave on full allowances (including commuted leave on half allowances into leave on full allowances on medical is certificate); or" amendmentof section 5 4 in section 5 of the principal act, in sub-section (3), for the words "the maximum period of leave which may be granted", the words, brackets, figures and letter "subject to the provisions of sub-section (2) of section sa, the maximum period of leave which may be granted" 20 shall be substituted 5 after section 5 of the principal act, the following &ection shah be inserted, namely:-"'sa (1) notwithstanding anything contained in sub-section (2) of section 5, a judge may be permitted to commute leave on half allowances into leave on full allowances on medical certificate up to 5 a maximum of three months during the whole period of his service as a judge insertion of new cection 5a commuta tion of leave on half allowances into leave on full allowan::es (2) in computing the maximum period of leave on full allowances which may be granted at one time to a judge under sub-section (3) of section 5, the amount of commuted leave pennitted 10 to him under this section shall not be taken into a~ount" amendment of section 9 6 in section 9 of the principal act, in sub-section (1), for the words "for the first month of such leave", the words "for the first forty-five days of such leave" shall be substituted statement of objects and reasonsunder the high court judges (conditions of service) act, 1954, when a high court judge avails of leave on full allowances, he can draw full salary (ckual to monthly rate of pay) for the first month and leave allowance at the rate of ru 2,220 per month for the rest of such leave it has ibeen represented that this provision is too restrictive and causes hardship it is accordingly proposed that as in the cas~! of supreme court judges, the high court judges may also be allowed full salary (equal to monthly rate of pay) for the first 45 days of leave on full allowances at present there is no provision for the glj8llt of "commuted leave" to a high court judge with the result that if a judge is forced to take long leave on grounds of ill-health, he has to avail of leave on halt allowances during which period be is entitled to an allowance at the rate of rs 1,110 per month only to give some relief in such cases, it is proposed to extend to the judges of the high courts the facility of commuting leave on half allowances into leave on full allowances on medical certificate up to a maximum period of three months during the entire service as judge, on the analogy of ~he provision for "commuted leave" obtaining in the case of central government employees the bill seeks to amend the high court judges (conditions of service) act, 1954 to achieve the above objectives new delhi; ram niw as mir'dha the 12th august, 1970 president's recommendation under article 117 of the constitution of india[copy of letter no 1913169-judl~ in (iv) dated the 13th au~st, 1970' from shri ram niwas mirdha minister of state in the ministry of home affairs to the secretary, lok sabha] the president having been informed of the subject matter of the high ~ourt judges (conditions of service) amendment bill, 1970, recommends the introduction and consideration of the bill in the lok sabha \ulder article 117 (1) and 117 (3) of the constitution of india clause 5 of the bill makes provision enabling a high court judge to commute leave on half allowances into leave on full allowances on medical certificate up to a maximum period of three months during the entire period of his service as a judge the monthly rate of allowance payable to a judge during leave on half allowances is rs 1,110; during leave on full allowances according to section 9 of the act as proposed to be amended by clause 6 of the bill, a judge will be entitled to draw full salary (equal to monthly rate of pay) for the first 45 days instead of one month as at present and leave allowance at the rate of rs 2,220 per month for the rest of such leave 1£ commuted leave is taken in spells of less than 45 days, the monthly allowance will be rs 4,000 for a chief justice and rs 3,500 for any other judge since only six months of leave on half allowances can be converted into leave on full allowances, the additional expenditure per judge, other than the chief justice, would be rs 3,500 minus rs 2,220, ie rs 1,280 for each month of commuted leave or rs 3,840 for the entire period of three months commuted leave 2 under clause 6 of the bill which seeks to amend section 9 of the act, a high court judge will be entitled to leave allowanl;e at monthly rate of his pay for the first 45 days instead of one month as at present the additional expenditure involved is rs 640 on each occasion when leave on full allowances for more than 45 days is taken 3 the additional expenditure in respect of judges of high courts except the delhi high court will be a charge on the consolidated fund of the states so far as the delhi high court is concerned, assuming that all the 13 permanent judges of that high court will avail of commuted leave, the total expenditure will be of the order of rs 49,920; the average period of service of a judge of the delhi high court being 10 years, the annual recurring expenditure for that high court will be about rs 5,000 4 there will be no non-recurring expenditure - - - - - - - z (1) in this act, unless the context otherwise requires,-- - (h) 'iservice for pension" include-(i) actual service; (ii) one month or the amount actually taken, whichever is less, of each period of leave on full allowances; - - - - - 3 (1) subject to the provisions of this act, leave granted to a judge may ·be at his option either-l:inda of leave admiuible to a jud,e (4) leave on full allowances; or - - - - - i (1) - - - - - ~,re­jiite amount of leave which may be ,ranted {3) the il12i!idmum period'of' leave which may be granted at one time shall be, in the case of leave on full allowances, five months and in the case of leave with allowances of any kind, sixteen months - - - - - leave allowances 9 (1) the monthly rate of leave allowances payable to a judge while on leave on full allowances shall be for the 1lrst month of such leave a rate equal to the monthly rate of his salary, and thereafter two thousand two hundred and twenty rupees - - - - - ) s ; , , a bill further to amend the high court judges (conditions of service) act, 1954 (shri ram nifljas mirdha, minister oj state in the ministry of home affairs)

Parliament_bills

e66a648f-3f32-5b2a-b34c-17015b60afa8

bill no 321 of 2016 the reservation of posts in services and seats in educational institutions for persons living in economically backward areas bill, 2016by shrimati rama devi, mpa billto provide for the reservation of posts in the services of the central government and public sector undertakings and seats in all classes of educational institutions for the persons living in economically backward areas in the country with a view to improving their living standard and expending them the benefits of progress made by the country after independence and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "economically backward area" means such areas declared as economically backward areas by the niti aayog;(b) "family" includes husband, wife, their dependent children and parents;5(c) "person living in economically backward areas" means a person living in economically backward area whose annual income does not exceed rupees thirty thousand per annum; and(d) "prescribed" means prescribed by rules made under this act103 the central government shall reserve thirty per cent of posts in central governmentservices and public sector undertakings for the persons living in economically backward areasreservation of posts ing o v e r n m e n tservices4 (1) there shall be reserved thirty per cent of seats in all classes of educational andtraining institutions for the persons living in economically backward areas; andreservation of seats in educational and training institutions15(2) the expenditure on the education and training of persons admitted in educationaland training institutions under sub-section (1) shall be borne by the central governmentafter due appropriation made by parliament by law in this behalf, from time to time5 the benefits of reservation in posts and services and admission specified under this act shall be provided only once to a family living in economically backward areabenefits under the act to be given onlyonce20power to remove difficulties6 if any difficulty arises in giving effort to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficult:provided that no such order shall be made after the expiry of the period of threeyears from the date of commencement of this act25act to have overriding effect7 (1) the provisions of this act and the rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force(2) the provisions of this act shall be in addition to, and not in derogation of any otherlaw, for the time being in force30power to make rules8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35(2) every rule made under this act shall be laid as soon as may be after it is made beforeeach house of the state legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session immediately following the session or successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsafter independence, though there has been a lot of industrial, economic and educational development in the country, some areas like the tribal areas of madhya pradesh and drought prone chhattisgarh region in the state, kalahandi in orissa, deserts of rajasthan and gujarat, the economically backward belt of bihar and hilly regions of uttar pradesh, himachal pradesh, jammu and kashmir remain deprived of the benefits of this development persons living in such economically backward areas of the country continue to suffer from abject poverty some of these areas have already been declared as backward areas by the niti aayog and by some state governments as wellin such areas there are very few industries and little economic activity as a result, persons of these areas find it very difficult to earn their livelihood due to their abject poverty they do not get even two meals a day, leave alone education and other needs of life as such they remain illiterate and are greatly exploited throughout their lives to improve their lot it is necessary that posts are reserved in the services of the central government and public sector undertakings and in all types of educational institutions for persons living in economically backward areas of the country it will not only improve the economic conditions of persons living in such backward areas but will also help in their educational advancement it will be a good beginning for the welfare of persons living in economically backward areas of the countrynew delhi;rama devinovember 4, 2016 financial memorandumclause 4 of the bill provides that the central government shall bear the entire expenditure on the education and training of persons living in the economically backward areas of the country the bill, therefore, if enacted, would involve a recurring expenditure of about rupees eighty crores per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees two hundred crores is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the reservation of posts in the services of the central government and public sector undertakings and seats in all classes of educational institutions for the persons living in economically backward areas in the country with a view to improving their living standard and expending them the benefits of progress made by the country after independence and for matters connected therewith————(shrimati rama devi, mp)gmgipmrnd—3409ls(s3)—05-12-2016

Parliament_bills

25c1e624-bb64-5aa8-8700-d916f79d221d

the appropriation (no4) bill 1959(as introduced in loi: sabha on 25th august, 1959) the appropriation (no4) bill, 1959 (as introduced in lo" sabra) a billto provide for the authorisation of appropriation of money out of the consolidated fund of india to meet the amount spent on a service during the financial year ended on the 31st day of march, 1956, in excess of the amount granted for that service and for that year be it enacted by parliament in the tenth year of the republic of india as follows: -i 1 this act may be called the appropriation (no4) act, 1959 short lido z from and out of the consolidated fund of india, the sum ~ of lu s specified in column 3 of the schedule amounting in the aggregate ~~t7of't~ to the sum of ninety-seven lakhs, seventy-six thousand, five hundred ~:litted and five rupees shall be deemed to have been authorised to be paid india ~o and applied to meet the amount spent for defraying the charges in ::;, ej:- respect of the service specified in column 2 of the schedule during penditure to 10 the financial year ended on the 31st day of march, 1956, in excess ~d!i':q of the amount granted for that service and for that year the 3i1t march ip,s 3 the sum deemed to have been authorised to be paid and ~ppropria applied from and out of the consolidated fund of india under this tioa act shall be deemed to have been appropriated for the service and is purpose expressed to the schedule in relation to the financial year ended on the 31st day of march, 1956 - the schedule2 ! s service and purpole &cell no ef v-voted charseci total 15 ~ -ri rs 97765-5 977650 ~ defence sernc-nod~ft'ectiye char- statement of objects and reasonsthis bill is introduced in pursuanee 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 money required to meet the expenditure incurred in excess of the appro- priations charged on the fund and the grants made ~y the lok sabha for the expenditure of the central government, excluding railways, for the financial year ended on the 3l1t day of karch, 1956 : i nbw d __ ; ilorarji desai tke uth au,gwt, lilt, a billto provide for the authorisation of appropriation of money out of the consolidated fund of india to meet the amount spent on a service during the financial year ended on the 31st day of march, 1956, in excess of the amount granted for that service and for that year the president has, in pursuance of clauses (1) and (3) of article 117 of the constitution of india, recommended to lok sabha the introduction and consideration of the bill m n kaul, secretary (shri morarji desai, minister of finance) gipd-ls i-e95 (b) ls-24-8-59 1650

Parliament_bills

1d5e7ea6-fa7b-57d4-b7f7-7c2f0f0aa0df

association (status, immunities and privileges) bill, 1960(as introduced in lok sabha on 10th august, 19l"lc) the international development association (status, immunities and privileges) bill, r<)60(as introduced in lok sabra) a bill tq imp~ment the international agreement for the establishment and operation of the international development association in 80 fat a<; it relates to the status, immunities and privileges of that association and tot matters connected therewith be it enacted by parliament in the eleventh year of the republic gf india as follows:-1 (1) this act may be called the international development $boll i •• aociation {stat",, immunities and privile,es) act, 1960 (2) it extends to the whole of india ·(3) it thall come into force on such date as the central govenament may, by notification in the official gazette, appoint 2 in this act, unless the context otherwise requires,-(ti) "agreement" means the agreement for the estab1i8h , ment and operation of the international body known u the international development association; (b) "association" means the international developm~t asociation estabuhed under the ali'eemalt conferment 3 (1) notwithstanding anything to the contrary contained in :~tus and any other law, the provisions of article viii of the agreement set immd ~~jes out in the schedule shall have the force of law in india: an pnvi p8 ~ti:e :di-provided that nothing in section 9 thereof shall be construed ~~~ 5 of ocrtlin immunities (a) entitling the association to import into india goodli and privileges on it, ofiicel'll free of any duty of customs without any restriction on their ad subsequent sale therein; or employee' (b) conferring on the- association any exemption from duties or taxes which form part of the price of goods sold; or 10 (c) conferring on the association any exemption from duties or taxes which are in fact no more than charges for services rendered (2) the central government may, from time to time, by notification in the official gazette, amend the schedule in conformity with i; any amendments, duly made and adopted, of the provisions of the agreement set out therein power to 4 the central government may, by notification in the official make rujes_ gazette, make rules for carrying out the purposes of this act notificati,?ns 5 every notification issued under sub-section (2) of section s 20 ~d :on and every rule made under section 4 shall he laid as soon as msy under section be after it is issued or made before each house of parliament whup ~%!: placed it is in seasion for a period of thirty days which may be comprised parliament 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 fol- 25 lowing both houses agree for making any modification in the notification, or as the case may be, in the rule, or both houses agree ,~: "_~,' ,: that the notification or rule should not be issued or made, the noti-;- "'',, fication or rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any 30 such modification or annulment shall be without prejudice to the validity of anything previously done under that notification or rule :',) , ,t proviai011l ·of the _,""ment which shall have force of law article viii status, immunities and prmleges5 section l-purposes of articleto enable the association to fulfil the functions with which it is entrusted, the status, immunities and privileges provided in this' article shall be accorded to the association in the territories of each 10 member section 2-status of the association the association shall possess full juridical personality and, in particular, the capacity: (i) to contract; 15 (ii) to acquire and dispose of immovable and movable property; (iii) to acquire and dispose of inunovable and movable pra-section 3-position of the association with regard to judicial procell ~ actions may be brought against the association only in a court of competent jurisdiction in the territories of a member in which the association has an office, has appointed an agent for the purpose of accepting service or notice of process, or has issued or guaranteed securities no actions shall, however, be brought by members or ls persons acting for or deriving claims from members the property and assets of the association shall, wheresoever located and by whomsoever held, be immune from all forms of seizure, attachment or execution before the delivery of final judgment against the association ~ ,~ 30 section 4-immunity of 'assets from seizure property and assets of the association, wherever located and by whomsoever held, sooll be immune from search, requisition, confiscation, expropriation or any other form of seizure by executive or legislative action section 5-immunity of archivesthe archives of the association shan be inviolable section e-fnedom of asbets from restrictiouto the extent necessary to carry out the operati~ 'provided for in this a:greement and aubject to the provisions of this al1'eemlllt, 5 all property and aasets of the association shall be free from restriction, regulations, controls and moratoria of any nature section 7-privilege for communicationst_oftk:w cojndwucaiions of the ~pn aball be·~ed by eac;b tw the lime treatment that it aceorda to the ofjldm ,0 ~w·jltjqd • of other members section b-immunities and privilege of officers and emplo1/eeball governors executive directors, alternates, officers and employees of the association, (i) shall be immune from legal process with respect to act!! j s performed by them in their official capacity except when the ahociation waive!! this immunity; (ii) not being local nationals, shall be accorded the same immunities from immigration restrictions alien registration requirements and national service obligati01l8 and the same faei- 10 liti as regards exchange restrictions as are accorded by members to the representatives, officials, and employees of comparable rank of other members; (iii) shall be granted the same treatment in respect of travelling facilities as is accorded by members to representa-~!! tiv8!l, officials and employel"s of comparable rank of other memben ~ 9-immunitie6 from taxation (a) the association, its assets, property, income and transa~m authorized by this agreement, shall be immune from all taxation)o and from all customs duties the asaociation shall also be immune from liability for the collection or payment of any tax or duty (b) no tax shall be levied on or in respect of salaries and emolu-~,p,aid by theassocitltidn to executive dtrectora, altematee, oftlcials or employees of the association who are not local citizens 3s loctl subject8, or other local nationals (c) no taxation of any kind shall be levied on any obligation or mcurity issued by the association (including any dividend or interest thereon) by whomsoever held, (i) which discriminates against such obligation or security s iiglely because it is issued by the association; or (ii) if the sole jurisdictional basis foor such tax~tion is the place or, currency in which it is issued, made payable or paid ()r the location of any oftke or place of business maintained by the, association 10 (d) no texation of any kind shall be levied on any obligation or securlty guaranteed by the association (including any dividend or interest thereon) by whomsoever held, (i) which diaeriminates against such obligation or security solely because it is ,guaranteed by the association;· or 15 (ii) if the sole jurisdictional basis for such taxation is the location of any office or place of business maintained by the association statement of objects and reasonsa new financial institution called the international development association is being established, as an affiliate of the international bank for reconstruction and development, by 8n international agreement to which india will be a signatory article viii of the articles of agreement of the said association provides for the granting to the association and its officials and employees certain status, immunities and privileges in the territory of each member country section 10 of this article requires each member country to take such action as is necessary in its own territories for the purpose of making effective in terms of its own law, the principles set forth in the article by this bill, it is proposed to enact the necessary legislation to give effect to the provisions of the said article viii of the articles of agreement morarji r desai new delhi; the 20th july 1~ clause 3 (2) of the bill confers power on the central government to amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the agreement set out therein clause 4 of the bill confers power upon the central government tt> make rules for carrying out the purposes of the act the immunities and privileges of the international development association and its officials and employees having been specified in the schedule to the bill, occasions for making rules, if any, will be few and far between the association has not yet started its functions in india it is not possible therefore, to envisage at this stage the matters which may have to be provided for by rules but as the immunities and privileges have been specified in the bill, it is clear thet rules, if any, will be confined to matters of procedure and other matters of minor detail relating to the enjoyment of those immunities and privileges and their waiver for instance, if the association decides to waive any of the immunities or privileges, a rule itl'ly be necessary prescribing the manner in which and the officer of the government to whom such waiver should be communicated the delegation of legislative power is thus of a normal type a bill to implement the international agreement for the establish--ment and operation of the j ntemational development association in so far as it relates to the status, immunities and privileges of that association, and for matters connected therewith the presidtnt has, in pursuance of c1huse (i) of anic1e h7 and clause (1) of article 274 of the conrtitution of india, recommended to lok sabha the introduction of the bill m n kaul, (secrelary) (shn' monti; duai, mi"islm- of financ~)

Parliament_bills

4cfdc939-fe65-57db-9dc1-9e47b9db997b

, bllt no 80 of 197 , the central excises and salt and additional duties of excise (amendment) bill, 1979 a billfurther to amend the central excises and salt act, 1944, and the additional duties of excise (goods of special importance) act" 1957 "-be it enacted by parliament in the thirtieth year of the republic of india as follows: -- 1 this act may be called the central excises and salt and additional short duties of excise (amendment) act, 1979 title s 2 in the central excises and salt act, 1944 (hereinafter referred to amendas the central excises act), in section 2, in clause (f), after sub-clause ment (iv), the following sub-clauses shall be inserted, namely: _ of section 2 of act 1 01 u(w in relation to goods comprised in item no 19 i of the first 1944 schedule, includes bleaching, mercerising, dyeing, printing, water-10 proofing, rubberising, shrink-proofin~ organ die processing or any other process or anyone or more of these processes; (vi) in relation to ~oods comprised in item no 21(1) of the first schedule, includes milling, raising, blowing, tenteringj dyeing or any other process or anyone or more of these processes; (vii) in relation to goods comprised in item no 22(1) of the first schedule, includes bleacbi~ dyeing, printing, shrink-proofing, tentering beat-setting, crease resistant processing or any other process or anyone or more of these processes;" 3 in the central excises act, in the first schedule--(i) in item 19 for sub-item i, the following sub-item shall be substituted, namely:--amend-dli!nt of first schedule of act 1 of 1944 "i cotton fabrics, other than (i) embroidery in the piece, in strips or in motifs, and (ii) fabrics impregnated, coated or laminated with preparations of cellulose derivatives or of other arti- 10 ticial plastic materials-twen ty per cent ad valorem (a) cotton fabrics not subjected to any process twenty per cent ad valorem, ",' is (b) cotton fabrics subjected to the process of bleaching, mercerising dyeing, printing water-proofing, rubberising, shrink-proofing organdie processing or any other process or any two or more of these processes (ii) in item 21 for subitem (1), 'the following sub-item shall be 20 substituted, namely:-"(1) woollen fabrics other than embroidery in the piece, in strips or in motifs-' (a) woollen fabrics not subjected to any process twelve per cent ad valorem 2$ twelve per cent ad valorem"; (b) woollen fabrics subjected to the process of milling raising, blowing tentering, dyeing or any other process or any two or more of these processes (iii) ~ item 22, for sub-item (1), the following sub-item shall be substituted, namely:-"(1) man-made fabrics, other than (i) embroidery in the piece, in strips or in motifs and (ii) fabrics impregnated" coated or laminated with preparations of cellulose derivatives or of other 3s artificial plastic materials-(a) manmade fabrics not subjected to any process twenty per cent ad valorem plus rupees five per square metre t~enty per cent ad valorem plus rupees five per square metre" (b) man-made fabrics subjected to the process of bleaching, dyeing printing, shrinkproofing, tentering hest-setting, crease resistant proce~sing or any other process or any two or more of these processes 4 in the additional duties of excise (goods of special importance) act, 1957, in the first schedule-amendment of firat schedule of act 58 of 1957 (i) in item 19, for sub-item i, the following sub-item shall be substituted, namely:-5 "i cotton fabrics, other than (i) embroidery in the piece, in strips or in motifs, and (ii) fabrics impregnated coated or laminated with preparations of cellulose derivatives or of other artificial plastic materials-10 (a) cotton fabrics, not subjected to any process five per cent ad valorem five per cent ad valorem!'; 15 (b) cotton fabrics, subjected to the process of bleaching, mercerising, dyeing, printing, water-proofing rubberising shrink-proofing, organdie processing or any other process or any two or more of these processes (ii) in item 21, for sub item (1), the following sub-item shall be substituted namely:-| "(1) woollen fabrics, | other | than | embroidery | in | the | piece ||-------------------------------|------------|---------|---------------|----------|--------|-----------|| strips | or | | | | | || in | | | | | | || motifs- | | | | | | || five | | | | | | || per | cent | | | | | || ad valorem | | | | | | || (a) | | | | | | || woollen | fabrics, | not | subjected to | | | || any | process | | | | | || five per cent | | | | | | || ad | | | | | | || valorem"; | | | | | | || 25 | | | | | | || (b) | | | | | | || woollen fabrics, subjected to | | | | | | || the | process | of | milling, | raising | | || blowing, | tentering, | dyeing | | | | || or | any | | | | | || other | process | or | any | two | or | more of || these processes | | | | | | |(iii) in item 22, for sub-item (1), the following sub-item shall be substituted, namely:-30 u(1) manmade fabrics, other than (1) embroidery in the piece in strips or in motifs, and (ii) fabrics impregnated, coated or laminated with preparations of cellulose derivatives or of other artificial plastic materials- (a) manmade fabrics, not subject-_ ed to any process 40 seven and a half per cent ad valorem plus rupees two per square metre 45 seven and a half per cent ad valorem plus rupees two per square metre" (b) man-made fabrics, subjected to the process of bleaching dyeing, printing, shrink-proofing, tentering, healsetting, crease resistant processing or any other process or any two or more of these processes 5 (1) every central act as in force at any time during the period commencing with the appointed day and ending with the day immediately preceding the date of commencement of this act, and providing/for or relating to the levy of duties of excise on-spe~ial provisions as to duties of excise on cottoll (a) "cloth", "cotton cloth" or, as the case may be, "cotton fabrics"; 5 fahri~s wfjol1en (b) "woollen fabrics"; (c) "rayon or artificial silk fabrics" or as the case may be, "man-made fabrics", f8bri~s man-made fabrics, etc during a certain past period and validation shall have and shall be deemed to have always had effect during the said period as if-10 (i) such "cloth", "cotton cloth" or, as the case may be, "cotton fabrics" comprised, for the purposes of the duty leviable under that act,-(a) a sub-item covering such "cloth" "cotton cloth" or "cotton fabrics" not subjected to any process mentioned in sub is clause (v) of clause (f> of section 2 of the central excises act as amended by this act; and 20 (b) a sub-item covering such "cloth", "cotton cloth" or "cotton fabrics" subjected to any such process or any two or more such processes, and the rate of duty specified in such act with respect to such "cloth", "cotton cloth" or "cotton fabrics" had been specified separately with respect to each of the aforementioned sub-items thereof; (ii) such woollen fabrics comprised for the purposes of duty leviable under that act-2s (a) a sub-item covering such woollen fabrics not subjected to any process mentioned in sub-clause (vi) of clause (f) of section 2 of the central exoises act as amended by this act; and (b) p subitem covering such woollen fabrics subjected to 30 any such process or any two or more such processes, and the rate of duty specified in such act with respect to such woollen fabrics had been specified separately with respect to each of the aforementioned sub-items thereof; (iii) such "rayon or artificial silk fabrics" or "man-made fabrics" 35 comprised for the purposes of duty leviable under that act- (ai) a subitem covering such "rayon or artificial silk fabrics" or "man-made fabrics" not wbjected to any process mentioned in sub-clause (vii) of clause (/) of section 2 of the ·central hebes act as amended by this act; and (b) a sub-item covering such "rayon or artificial silk fabrics" or "man-made fabrics" subjected to any such process or any two or more such processes, 5 and the rate of duty specified in such act with respect to such "rayon or artificial silk fabrics" and "man-made fabrics" had been specified separately with respect to each of the aforementioned subitems thereof; and 10 (iv) the amendments to clause <f) of section 2 of the central excises act made by section 2 had been in force at all relevant times subject to the modifications that the reference therein-(a) to the "goods comprised in item no 19 i of thp first schedule" shall be construed ils a reference to such "cloth", "cotton cloth" or, as the case may be, "cotton fabrics"; '(b) to the ccgoods comprised in item no 21(1) of the first 15 schedule" shall be construed as a' reference to woollen fabrics; (c) to the ugoods comprised in item no 22(1) of the first schedule" shall be construed as a reference to such "rayon or artificial shk fabrics" or, as the case may be, uman-made fabrics"; anc:~ subject to such further modifications as the context may require 20 (2) any rule or notification or any action, or thing made, issued, taken or done or purporting to have been made, issued, taken or done under a central act referre<i to in sub-section (1) before the date of commencement of this act, with respect to or in relation ,!o the levy of duties of excise on-2s (a) iccloth", ucotton cloth" or, as the case may be, ucotton fabrics"; (b) "woollen fabrics"; (e) "rayon or artificial silk fabrics" or, as the case may be, umanmade fabrics" 30 ,hatj for all nurposes be deemed to be and to have always been as validly and effectively made, issued, taken or done as if the provisions of this section had been in force at all material times and accordingly notwithstanding any judgment, decree or order of any court, tribunal or other authority-35 (a) all duties of excise levied, assessed or collected or purported to have been levied, assessed or collected, before the commencement of this act on-(i) ucloth", "cotton cloth" and "cotton fabrics" subjected to any process; 40 (ii) "woollen fabrics" subjected to any process; (iii) urayon or artificial silk fabrics" and "man-made fabrics" subjected to any process, under any such central act shall be deemed to be, and shall be deemed always to have been, as validly levied, assessed or collected 45 as if the provisions of this section had been in force on and from th~ appointed day; (b) no suit or other proceeding shall be maintained or continued in any court for the refund of, and no enforcement shall be made by any court of any decree or· order directing the refund of, any such duties of excise which have been collected and which would have been validly couected if the provisions of this section had been s in force on and from the appointed day; (c) refunds shall be made of all such duties of excise which have been collected but which would not have been so collected if the provisions of this section had been in force on and from the appointed day; and 10 (d) recoveries shall be made of all such duties of excise which have not been collected or, as the case may be, which have been refunded but which would have been collected or, as the case may be, would not have been refunded if the provisions of this section had been in force on and from the appointed day is (3) for- the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punishable as an offence which would not have been so punishable if this section had not come into force 20 explanation-in this section-(a) "appointed day", in relation to-(i) cotton fabrics, means the 1st day of january, 1949; (ii) man-made fabrics, means the 28th day of february, 1954; and (iii) woonen fabrics, means the 1st day of march, 1955; tls (b) "central act" includes any 'provision, in a bill introduced in the house of the people, in respect of which a declaration was made under section 3 of the provisional collection of taxes act, 1931; 160fl931'1 (c) "duties of excise" means duties of excise levied under any 30 central act whether as such or as additional duties of excise or auxiliary duties of excise or special duties of excise or by any other name statement of objects and reasonscentral excise duty was levied for the first time on cotton fabrics in 1949, on man-made fabrics (rayon or artificial silk fabrics) in 1954 and on woollen fabrics in 1955 from the very early stages of the textile tariff, with a view to achieving progression in the rate structure and to aligning excise control with the demands of different producing sectors, duties have been levied not only on grey fabrics but also at the stage of processing such as bleaching, dyeing and printing ' i 2 in its judgment dated 24th january 1979 in the real honest textiles and others vs union of india (special civil appl1cations no 1552 etc of 1978), the gujarat high court has held that the term "fabric" as used in the tariff description "cotton fabric" would refer to something that is woven; hence it can relate only to cloth in the grey stage; processing of the grey cloth either by bleaching, dyeing or pi;inting does not amount to manufacturing and both before and after processing' it remains a fabric falling within the same item of central excise tariff (item 19-cotton fabric, of the first schedule to the central excises and salt act) the court arrived at a similar conclusion with respect to man-made fabrics falling under item no 22 of the same schedule the court observed that processing was an excisable activity covered by the residual tariff item no 68 of the said schedule 3 after the pronouncement ot the above judgment, a number of writ petitions by other parties agitating similar points have been filed in different high courts if these high courts deliver similar judgments,' a considerable amount of revenue running into several crores of rupees may become refundable an appeal against the judgment of the gujarat high court is pending in the supreme court 4 the judgment of the gujarat high court completely upsets the arrangement regarding levy of excise duties on textile fabrics which has been followed for several years and it will have the effect of disturbing the balance evolved between different sectors of the textile industry besides putting large amounts of revenue at stake in so far as past assessments are concerned, refund~ ot duties whose incidence would, in the normal course oj business, have been passed on to consumers, would only mean fortuitous gains, to the excise assessees 5 the same problem which has arisen in the case of cotton fabrics and man-made fabrics as a result of the judgment ot the gujarat high couri may arise in the case of woollen fabrics as well 6 it is, therefore, proposed to amend the central excises and salt act, 1944 and the additional duties of excise (goods of special importance) act, 1957 (which also provides fur duties of excise on the aforementioned fabrics) to overcome the difficulty which has arisen as a result of the judgment of the gujarat high court it is also proposed to validate the levies which have been made in the past in respect of these fabrics 7 the bill seeks to achieve the above objects new delhi; the 14th may, 1979 satish agarwal extracts from the central excises and salt act, 1944l>eftnitions (1 of 1944) - - - - - ' 2 in this act unless there is anything repugnant in the mbject or context,-- - - - - - - (f> "manufacture " includes any process incidental or ancillary to the completion of a manufactured productj and - - - - - the first schedule (see section 3)-------_---__ ---------------item no description of goods (3) - - rate of duty -------_____ 0 ____ 00_- ____ _ (1) (2) - - - - 19 cotton fabrics-j , ',' "cotton fabrics" means all varieties of fabrics manufactured either wholly or partly from cotton and includes dhoties, sarees, chadders, bed-sheets, bed-spreads, counter-panes, table-olot~, embroidery in the piece, in strips or in motifs and fabrics impregnated, coated or laminated with preparations of cellulose derivatives or of other artificial plastic materials, if (i) in such fabrics cotton predominates in weight, or (ii) such fabrics contain more than 40 per cent by weight of cotton and 50 per cent or more by weight of non-cellulosic fibres or yam or both: provided that in the case of embroidery in the piece, in strips, or in motifs and fabrics impregnated, coated or laminated with preparations of cellulose derivatives or of other artificial plastic materials, slllch predominance or percentages, as the case may: be, shall be in relation to the base fabrics which are i embroidered or impregnated, coated or twenty j;>er cent ad valorem ~am1na'ted, as the case may bel cotton fabrics other than (i) embroidery in the piece, in strips or in mo_ tifs, and (ii) fabrics impregnated, coated or laminated with preparations of cellulose derivatives or of other artifi gis! plastic materials - - - - - explanation i-"base fabrics" means fabrics falling under sub-item i of this item which are subjected to the process of embroidery or which are impregnated, coated or laminated with preparations of cellulose deri-- -vatives or of other plastic materials explanation ii-where two or more of the f~llowing fibres, that is to , say, (a) man-made fibre of cellulosic origin; (b) cotton; (c) wool; (d) silk (including silk noil) ; (e) jute (including bimlipatam jute or mesta fibre); (f) man-made fibre of non-cell'ulosic origin; (g) flax; (h) ramie, in any fabric are equal in weight, then, such one ot those fibres the pre-(iaminance ot which would render such fabric fall under that item (here-·after in this explanation referred to as the applicable item) among the items nos 19,20,21,22, 22a and 22aa, which, read with the relevant notifi- cation, if any~ for the time being in force issued under the central excise rules, 1944, involves the highest amount of duty, shall be deemed to be predominant in such fabric· and accordingly such fabric ;shall be deemed to fall under the applicable item erplanation iii __ this item does not include floor coverings, falling under item no 2,2g 21 woollen fabrics--,"woollen fabrics" means all varieties of fabrics in which wool predominates in weight or which contain more than 30 per cent of wool and 50 per cent or more of non-cellulosic fibre or y~ or both: provided that in the case of embroidery in the piece, in strips or in motifs, such predominance or percentages, as the case may be, shall be in 1'e1ation to the base fabrics which are embrotd&m~ twelve per cent ad t1azorem (1) woollen fabrics, other than embroidttry in the piece, in strips or in motifs - / - explanation i-"base fabrics" means fabrics falling under sub-ite;n: (1) of this item which are subjected to the process_ of embroidery, explanation ii-explanation ii under item no 19 shan, 80 far 88-may be, apply m relation to this item as it applies in relation to that item explanation iii-this item does not include fioor coverings, falling under item no 22g 22 man-made fabrics-"'man-made fabrics" means all varieties of fabrics manufactured either wholly or partly from man-made fibres or yarn and includes embroidery in the piece, in strips or in motifs and fabrics impregnated, coated or laminated with prepa,:-ations of cellulose derivatives or 01 other artificial plastic materials, in each of which man-made (i) cellulosic fibre or yarn, or (ii) non-cellulosic fibre or predominates in weight: provided that in the case of embroidery in the piece, in strips or in motifs and fabrics impregnated, coated or laminated with preparations of cellulose derivatives or of other artificial plastic materials, such predominance shall be in relation to the base fabrics which are embroidered or impregnated, coated or laminated, as the case may be-twenty per cent ad'~ , valorem plus rupees five per square metre (1) man-made fabrics other than (i) embroidery in the piece, in strips or in motifs, and (ii) fabrics impregnated, coated or laminated with preparations of cellulose derivatives or of other artificial plastic materials - - - - - explanation i-"base fabrics" means fabrics falling under sub-item (1) of this item which are subjected to the process of embroidery or which are impregnated, coated or laminated with preparaticms bf cellulose derivatives or of other plastic materials -explanation ii-this item does not include glass fabrics or fabrics" falling under item no 19 or item no 21 explanation iii-erplanation ii under item no 19 shall, 80 far 88: may be, apply in relation to this item as it applies in relation to that item e~lanation iv-this item does not include fioor coverings, falling;,~ under item no 22g - - - - - - - (58 of 1957) - - the -first schedule [see section 3 (1)] description of goods rate of additional duty item no in the first schedule to the central excises and salt act 1944 (3) --- ---------(1) (2) 19 cotton fabrics-five per cent ad valo1'em l cotton fabrics other than (i) embroidery, in the piece, id strips or in motifs, and (ii) fabrics impregnated, coated or laminated with preparations of cellulose derivatives other artificial plastic materials or of - - - - 21 woollen fabrics-| five | per | cent ||----------|----------------------|----------|| ad: | | || valorem | | || (1) | | || woollen | | || fabric~, | | || other | than | em- || broidery | | || in | the piece, in strips | or || tifs | | || - | | || - | | || - | | || - | | || - | | |22 man-made fabrics-seven and' a half per cent ad valo-· rem plus two rupees per square: metre (1) man-made fabrics other than (i) embroidery, in the piece, in strips or in motifs, and (ii) fabrics impregnated, coated or laminated with preparations of cellulose derivatives or of other arl!ficial plastic materials - - - - r '''_ \ ~,~ a bulfurtber to amend the central excises and salt act, 1944, and the additional duties of excise (goods of special importance) act, 1957 (shrl sctish agcmocl miftibter of state in the minist11l of finance)

Parliament_bills

1043bfcf-50c8-5c7a-9303-ad5023e61982

bill no 186 of 2015 the negotiable instruments (amendment) bill, 2015 a billfurther to amend the negotiable instruments act, 1881be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the negotiable instruments (amendment) act, 2015(2) it shall be deemed to have come into force on the 15th day of june, 2015short title and commencement26 of 1881amendment of section 62 in the negotiable instruments act, 1881 (hereinafter referred to as the principal act), in section 6,—5 (i) in explanation i, for clause (a), the following clause shall be substituted, namely:—'(a) "a cheque in the electronic form" means a cheque drawn in electronic form by using any computer resource and signed in a secure system with digital signature (with or without biometrics signature) and asymmetric crypto system or with electronic signature, as the case may be;';(ii) after explanation ii, the following explanation shall be inserted, namely:—21 of 20005'explanation iii—for the purposes of this section, the expressions"asymmetric crypto system", "computer resource", "digital signature", "electronic form" and "electronic signature" shall have the same meanings respectively assigned to them in the information technology act, 2000'3 in the principal act, section 142 shall be numbered as sub-section (1) thereof and after sub-section (1) as so numbered, the following sub-section shall be inserted, namely:—amendment of section 142"(2) the offence under section 138 shall be inquired into and tried only by a court within whose local jurisdiction,—10(a) if the cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account, is situated; or15(b) if the cheque is presented for payment by the payee or holder in due course, otherwise through an account, the branch of the drawee bank where the drawer maintains the account, is situated20explanation— for the purposes of clause (a), where a cheque is delivered for collection at any branch of the bank of the payee or holder in due course, then, the cheque shall be deemed to have been delivered to the branch of the bank in which the payee or holder in due course, as the case may be, maintains the account"4 in the principal act, after section 142, the following section shall be inserted, namely:—insertion of new section 142avalidation for transfer of pending cases2 of 197425"142a (1) notwithstanding anything contained in the code of criminal procedure, 1973 or any judgment, decree, order or direction of any court, all cases arising out of section 138 which were pending in any court, whether filed before it or transferred to it, before the commencement of the negotiable instruments (amendment) act, 2015 shall be transferred to the court having jurisdiction under sub-section (2) of section 142 as if that sub-section had been in force at all material times30 35(2) notwithstanding anything contained in sub-section (2) of section 142 or sub-section (1), where the payee or the holder in due course, as the case may be, has filed a complaint against the drawer of a cheque in the court having jurisdiction under sub-section (2) of section 142 or the case has been transferred to that court under sub-section (1) and such complaint is pending in that court, all subsequent complaints arising out of section 138 against the same drawer shall be filed before the same court irrespective of whether those cheques were delivered for collection or presented for payment within the territorial jurisdiction of that court40(3) if, on the date of the commencement of the negotiable instruments(amendment) act, 2015, more than one prosecution filed by the same payee or holder in due course, as the case may be, against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, the court shall transfer the case to the court having jurisdiction under sub-section (2) of section 142 before which the first case was filed and is pending, as if that sub-section had been in force at all material times" 5 (1) the negotiable instruments (amendment) ordinance, 2015, is hereby repealedrepeal and savingsord 6 of 201545 (2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the principal act, as amended by this act statement of objects and reasonsthe negotiable instruments act, 1881 was enacted to define and amend the law relating to promissory notes, bills of exchange and cheques the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988 inserted in the negotiable instruments act, 1881 (herein referred to as the said act), a new chapter xvii, comprising sections 138 to 142 section 138 of the said act provides for penalties in case of dishonour of cheques due to insufficiency of funds in the account of the drawer of the cheque2 as sections 138 to 142 of the said act were found deficient in dealing with dishonour of cheques, the negotiable instruments (amendment and miscellaneous provisions) act, 2002, inter alia, amended sections 138, 141 and 142 and inserted new section 143 to 147 in the said act aimed at speedy disposal of cases relating to the offence of dishonour of cheques through their summary trial as well as making them compoundable punishment provided under section 138 too was enhanced from one year to two years these legislative reforms are aimed at encouraging the usage of cheque and enhancing the credibility of the instrument so that the normal business transactions and settlement of liabilities could be ensured3 the supreme court, in its judgment dated 1st august, 2014, in the case of dashrath rupsingh rathod versus state of maharashtra and another (criminal appeal no 2287 of2009) held that the territorial jurisdiction for cases relating to offence of dishonour of cheques is restricted to the court within whose local jurisdiction such offence was committed, which in the present context is where the cheque is dishonoured by the bank on which it is drawn the supreme court has directed that only in those cases where post the summoning and appearance of the alleged accused and the recording of evidence has commenced as envisaged in section 145(2) of the said act, proceeding will continue at that place all other complaints (including those where the accused/respondent has not been properly served) shall be returned to the complainant for filing in the proper court, in consonance with exposition of the law, as determined by the supreme court4 pursuant to the judgment of the supreme court, representations have been made to the central government by various stakeholders, including industry associations and financial institutions, expressing concerns about the wide impact this judgment would have on the business interests as it will offer undue protection to defaulters at the expense of the aggrieved complainant; will give a complete go-by to the practice/concept of 'payable at par cheques' and would ignore the current realities of cheque clearing with the introduction of cts (cheque truncation system) where cheque clearnace happens only through scanned image in electronic form and cheques are not physically required to be presented to the issuing branch (drawee bank branch) but are settled between the service branches of the drawee and payee banks; will give rise to multiplicity of cases covering several cheques drawn on bank(s) at different places and adhering to it is impracticable for a single window agency with customers spread all over india5 in view of above, the negotiable instruments (amendment) bill, 2015 proposing a principle for determination of the place of jurisdiction for cases relating to dishonour of cheque under section 138 of the negotiable instruments act, 1881 was introduced in lok sabha on 6th may, 2015 and considered and passed by it on 13th may, 2015 however, the said bill could not be taken-up for consideration in rajya sabha, since the house was adjourned sine die on 13th may, 2015 as parliament was not in session and immediate action was required to be taken by the central government, an ordinance, namely, the negotiable instruments (amendment) ordinance, 2015 was promulgated by the president on 15th june, 20156 now, it is proposed to introduce the negotiable instruments (amendment) bill,2015, to replace the negotiable instruments (amendment) ordinance, 2015 (ord 6 of 2015) the negotiable instruments (amendment) bill, 2015, inter alia, provides for the following namely:—(i) cases relating to dishonor of cheques under section 138 of the said act to be inquired and tried only by a court within whose local jurisdiction the branch of the bank, where the payee or the holder in due course maintains the account, is situated;(ii) cases under section 138 pending in any court before the commencement of the proposed legislation to be transferred to the court in accordance with the new scheme of jurisdiction for such cases as proposed under sub-section (2) of section 142;(iii) where a complaint has been filed against the drawer of a cheuqe in the court having jurisdiction under the new scheme of jurisdiction, all subsequent complaints arising out of section 138 of the said act against the same drawer shall be filed before the same court, irrespective of whether those cheques were presented for payment within the territorial jurisdiction of that court;(iv) where, if more than one prosecution filed by the same payee or holder in due course against the same drawer of cheques is pending before different courts, upon the said fact having been brought to the notice of the court, the court shall transfer the case of the court having jurisdiction as per the new scheme of jurisdiction proposed under sub-section (2) of section 142; and(v) amending explanation i under section 6 of the said act which relates to the meaning of expression "a cheque in the electronic form", as the said meaning is found to be deficient because it presumes drawing of a physical cheque, which is not the objective in preparing "a cheque in the electronic form" and therefore, inserting a new explanation iii in the said section giving reference of the expressions contained in the information technology act, 2000 7 it is, therefore, proposed to provide for a place of jurisdiction, which is fair to both the parties (the complainant and the accused), so that a fair trial is ensured in cases filed for dishonor of cheques under section 138 of said act, keeping in view the observations of the supreme court in the case of dashrath rupsingh rathod further, the clarity on jurisdictional issue for trying the cases of dishonor of cheques would increase the credibility of the cheque as a financial instrument this would help the trade and commerce in general and allow the lending institutions including banks to continue to extend financing without the apprehension of the loan default on account of dishonor of cheques8 the bill seeks to achieve the above objectsnew delhi;arun jaitleythe 15th july, 2015 annexure extract from the negotiable instruments act, 1881 (26 of 1881) "cheque"6 a "cheque" is a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand and it includes the electronic image of a truncated cheque and a cheque in the electronic formexplanation i—for the purposes of this section, the expression—(a) "a cheque in the electronic form" means a cheque which contains the exact mirror image of a paper cheque, and is generated, written and signed in a secure system ensuring the minimum safety standards with the use of digital signature (with or without biometrics signature) and asymmetric crypto system; explanation ii—for the purposes of this section, the expression "clearing house"means the clearing house managed by the reserve bank of india or a clearing house recognised as such by the reserve bank of india lok sabha———— a billfurther to amend the negotiable instruments act, 1881————(shri arun jaitley, minister of finance)gmgipmrnd—1551ls(s3)—17-07-2015

Parliament_bills

108ee2e0-b99d-5edc-a7cd-5ee30264626d

bill no 9 of 2008 the minimum wages (amendment) bill, 2008 byshri prabodh panda, mpa billfurther to amend the minimum wages act, 1948be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—short title1 this act may be called the minimum wages (amendment) act, 2008amendment of section 32 in section 3 of the minimum wages act, 1948, in sub-section (1), in clause (b),—11 of 19485(i) for the words "five years" the words "two years" shall be substituted;(ii) for the proviso, the following proviso shall be substituted, namely:—10"provided that where for any reason the appropriate government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of two years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of two years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of two years shall continue in force"15 statement of objects and reasonsthe minimum wages act, 1948 regulates the rates of minimum wages payable to workers engaged in unorganized sector the minimum wages payable to these workers are presently reviewed and revised every five years with the change in the economic scenario of our country, there has been a rapid rise in the price index of essential commodities in view of the increasing cost of living, the central government increases the dearness allowance of its employees twice a year but, people working in unorganized sector are not entitled to such benefits thus, the review and revision of the minimum wages at an interval of five years is not in the interest of crores of workers engaged in the unorganized sector to make the act more effective and practicable, it is proposed in the bill to review and revise the minimum wages at such interval not exceeding two years the bill, if enacted, will go a long way in fulfilling the aspirations of the workers across the countryhence this billnew delhi;prabodh pandanovember 28, 2007 annexure extracts from the minimum wages act, 1948(act no 11 of 1948)3 fixing of minimum rates of wages— (b) review at such intervals as it may think fit, such intervals not exceeding five years, the minimum rates of wages so fixed and revise the minimum rates, if necessary:provided that where for any reason the appropriate government has not reviewed the minimum rates of wages fixed by it in respect of any scheduled employment within any interval of five years, nothing contained in this clause shall be deemed to prevent it from reviewing the minimum rates after the expiry of the said period of five years and revising them, if necessary, and until they are so revised the minimum rates in force immediately before the expiry of the said period of five years shall continue in force lok salok sabhabha———— a bill further to amend the minimum wages act, 1948————(shri prabodh panda, mp)mgipmrnd—151ls(s5)—06-02-2008

Parliament_bills

651b3fb4-9c62-54bb-a3bf-a376088a3b43

bill no 97 of 2007 the land acquisition (amendment) bill, 2007 a billfurther to amend the land acquisition act, 1894be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the land acquisition (amendment) act, 2007short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint; and different dates may be appointed for different provisions of this act and any reference in any provision to the commencement of this act shall be construed as reference to the coming into force of that provisionamendment of long title1 of 18942 in the long title to the land acquisition act, 1894 (hereinafter referred to as theprincipal act), the words "and for companies" shall be omittedamendment of preamble3 in the principal act, in the preamble, the words "and for companies" shall be omitted4 after section 1 of the principal act, the following section shall be inserted, namely:—insertion of new section 1a"1a the provisions of the rehabilitation and resettlement act, 2007 shall apply in respect of acquisition of land by the appropriate government under this act"application of rehabilitation and resettlement act, 2007 to persons affected due to land acquisition5 in section 3 of the principal act,—amendment of section 3(i) for clause (b), the following clause shall be substituted, namely :—'(b) the expression "person interested" includes,—(i) all persons claiming an interest in compensation to be made on account of the acquisition of land under this act;2 of 2007(ii) tribals and other traditional forest dwellers, who have lost any traditional rights recognised under the scheduled tribes and other traditional forest dwellers (recognition of forest rights) act, 2006;(iii) a person interested in an easement affecting the land; and (iv) persons having tenancy rights under the relevant state laws;';(ii) after clause (cc), the following clause shall be inserted, namely :—'(ccc) the expression "cost of acquisition" includes—(i) compensation awarded including the solatium and other amount and interest payable thereupon;(ii) demurrage to be paid for damages caused to the land and standing crops in the process of acquisition;(iii) cost of acquisition of out-project land for settlement of displaced or adversely affected families;(iv) cost of development of infrastructure and amenities at resettlement sites;(v) additional cost of resettlement as may be required after admissible adjustment of rehabilitation and resettlement cost against compensation awarded to affected persons or families;(vi) administrative cost of acquisition of land including both inproject and out-project areas lands; and(vii) administrative cost involved in planning and implementation of resettlement and rehabilitation packages for providing physical rehabilitation and resettlement to the entitled and interested families, displaced or adversely affected on account of in-project acquisition of land;';(iii) clauses (d) and (e) shall be omitted;(iv) for clause (ee), the following clause shall be substituted, namely:—'(ee) the expression "appropriate government" means,—(i) in relation to acquisition of land for the purposes of the union, the central government;(ii) in relation to acquisition of land for the purposes of any infrastructure project in more than one state, the central government; and(iii) in relation to acquisition of land for any other purpose, the state government;';(v) for clause (f), the following clause shall be substituted, namely:—'(f) the expression "public purpose" includes,—(i) the provision of land for strategic purposes relating to naval, military and air force works or any other work vital to the state;(ii) the provision of land for infrastructure projects of the appropriate government, where the benefits accrue to the general public; and(iii) the provision of land for any other purpose useful to the general public, for which land has been purchased by a person under lawful contract to the extent of seventy per cent but the remaining thirty per cent of the total area of land required for the project as yet to be required' explanation—the word "person" shall include any company or association or body of individuals, whether incorporated or not'; (vi) after clause (f), the following clause shall be inserted, namely:—'(ff) the expression "infrastructure project" shall include,—(i) any project relating to generation, transmission or supply of electricity;(ii) construction of roads, highways, bridges, airports, ports, rail systems or mining activities;(iii) water supply project, irrigation project, sanitation and sewerage system; or(iv) any other public facility as may be notified in this regard by the central government in the official gazette'(vii) in clause (g) for the expression "court", wherever it occurs, the expression"the authority for the centre or, as the case may be, the authority" shall be substituted;(viii) after clause (g), the following clauses shall be inserted, namely:—'(h) the expression "authority" means the land acquisition compensation disputes settlement authority established by the state government under subsection (1) of section 17a;(i) the expression "authority for the centre" means the land acquisition compensation disputes settlement authority for the centre established by the central government under sub-section (1) of section 17l;(j) the expression "member" means a member of the authority for the centre, or as the case may be, the authority, and includes the chairperson'6 throughout the principal act, the words "or for a company" along with theirgrammatical variations, shall be omittedomission of the expression "or for a company" throughout the act7 throughout the principal act except in explanation to sub-section (1a) section 23,, for the words "the court", along with their grammatical varieties the words "the authority for the centre, or as the case may be, the authority" shall be substitutedsubstitution of words ''authority for the centre or the authority" in place of words "the court" throughout the act8 after section 3 of the principal act, the following section shall be inserted, namely:—insertion of new section 3a'3a whenever the appropriate government intends to acquire land for public purpose involving physical displacement of—(i) four hundred or more families en masse in plain area; or mandatory social impact assessment prior to acquisition of land under this act(ii) two hundred or more families en masse in tribal or hilly areas or desert sixth development programme blocks or areas specified in v schedule or schedule vi to the constitution, a social impact assessment study shall be carried out in the affected area for the purpose of social impact appraisal, incorporation of tribal development plan, plan for giving emphasis for the scheduled castes, the scheduled tribes and other vulnerable sections of the society, provision for infrastructural amenities and facilities in the proposed resettlement area in terms of the provisions contained in chapters ii, iv, v and vi of the rehabilitation and resettlement act, 2007, in such manner and within such time as may be prescribed by rules made by the central government'—9 in section 4 of the principal act,—amendment of section 4(a) in sub-section (1), the following provisos shall be inserted, namely:— "provided that where no declaration is made consequent upon the issue of a notification under sub-section (1) within the time-limit specified in subsection (1) of section 6, no fresh notification under this sub-section shall, subsequent to the expiry of the period aforesaid, be made for a period of one year in respect of the same land:provided further that in case a notification issued under sub-section (1) in respect of a particular land lapsed for the second time, no proceeding under subsection (1) shall be initiated at least for a period of five years from the date of such notification"; (b) after sub-section (1), the following sub-sections shall be inserted, namely:—"(1a) no person shall make any transaction or cause any transaction of land specified in the notice of acquisition to create any encumbrances on such land from the date of publication of such notice under this section till the final declaration under section 6, or the award made and paid under section 16 of the act, whichever is earlier:provided that the collector may, on the application made by the land owner in respect of the land so notified, exempt in special circumstances to be recorded in writing, such owner from the operation of this sub-section:provided further that any loss or injury suffered by any person due to his wilful violation of this provision shall not be made up by the collector(1b) after issuance of notice under sub-section (1), the collector shall, before issue of declaration under section 6, undertake and complete the exercise of updating of land records, classification of land and its tenure, survey and standardisation of land and property values in respect of the land under acquisition"10 in section 6 of the principal act, in sub-section (1),—amendment of section 6(i) the words "subject to the provisions of part vii of this act" shall be omitted; (ii) the explanation 1 shall be omitted11 after section 8 of the principal act, the following section shall be inserted, namely:—insertion of new section 8a evaluation of damages during survey,measurement, etc"8a the damages caused while carrying out works on land such as survey, digging or boring sub-soil, marking boundaries or cutting trenches or clearing away any standing crop, fence or forest or doing such other acts or things which may cause damages while acting under section 4 particularly relating to land which is excluded from acquisition proceeding, shall be evaluated and compensation shall be paid to the persons having interest in that land, within six months from the completion of the said works"substitution of section 11a12 for section 11a of the principal act, the following section shall be substituted, namely:—"11a the collector shall make an award under section 11 within a period of one year from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse:period within which an award shall be madeprovided that in a case where the said declaration has been published before the commencement of the land acquisition (amendment) act, 2007, the award shall be made within a period of one year from such commencement:provided further that the collector may, after the expiry of the period of limitation, if he is satisfied that the delay has been caused due to unavoidable circumstances, and for the reasons to be recorded in writing, he may make the award within an extended period of six months:provided also that where an award is made within the extended period, the entitled person shall, in the interest of justice, be paid an additional compensation for the delay in making of the award, every month for the period so extended, at the rate of not less than five per cent of the value of the award, for each month of such delay"13 after section 11a of the principal act, the following sections shall be inserted, namely:—insertion of new sections after section 11a"11b(1) the collector shall adopt the following criteria in assessing and determining the market value of the land,—determination of market value of land2 of 1899(i) the minimum land value, if any, specified in the indian stamp act, 1899for the registration of sale deeds in the area, where the land is situated; or(ii) the average of the sale price for similar type of land situated in thevillage or vicinity, ascertained from not less than fifty per cent of the sale deeds registered during the preceding three years, where higher price has been paid; or(iii) the average of the sale price, ascertained from the prices paid or agreed to be paid for not less than fifty per cent of the land already purchased for the project where higher price has been paid, for the purpose of item (iii) of clause (f) of section 3, whichever is higher(2) where the provisions of sub-section (1) are not applicable for the reason that:(i) the land is situated in such area where the transactions in land are restricted by or under any other law for the time being in force in that area; or(ii) the registered sale deeds for similar land as mentioned in clause (i) of sub-section (1) are not available for the preceding three years; or2 of 1899(iii) the minimum land value has not been specified under the indian stamp act,1899 by the appropriate authority, the concerned state government shall specify the floor price per unit area of the said land based on the average higher prices paid for similar type of land situated in the adjoining areas or vicinity, ascertained from not less than fifty per cent of the sale deeds registered during the preceding three years where higher price has been paid, and the collector may calculate the value of the land accordingly(3) the collector shall, before assessing and determining the market value of the land being acquired under this act,—(a) ascertain the intended land use category of such land; and (b) take into account the value of the land of the intended category in the adjoining areas or vicinity, for the purpose of determination of the market value of the land being acquired(4) in determining the market value of the building and other immovable property or assets attached to the land or building which are to be acquired, the collector may use the services of a competent engineer or any other specialist in the relevant field, as may be considered necessary by the collector(5) the collector may, for the purpose of determining the value of trees and plants, use the services of experienced persons in the field of agriculture, forestry, horticulture, sericulture, or any other field, as may be considered necessary by him(6) for the purpose of assessing the value of the standing crops damaged during the process of land acquisition proceedings, the collector may utilise the services of experienced persons in the field of agriculture as he considers necessarypart payment of compensation by shares, debentures, etc11c (1) when land is acquired for the purpose of item (iii) of clause (f) of section 3 and the person for whom the land is acquired is a company authorised to issue shares and debentures, such company shall, with the previous approval of the appropriate government, offer its shares or debentures to the extent of fifty per cent but in any case not less than twenty per cent of the compensation amount to be paid to the person whose land has been acquired(2) on the acceptance of the offer, a part of the compensation amount shall be adjusted by transfer of shares and debentures to the person to whom such compensation is due and on such transfer the liability of the company in respect of such part of the compensation shall stand discharged(3) the allotment of shares and debentures mentioned in this section shall be made by the company in such manner as may be prescribed1 of 1956explanation—in this section, the expression "shares and debentures" has the same meaning as assigned to it under the companies act, 1956"amendment of section 1214 in section 12 of the principal act, after sub-section (2), the following sub-sections shall be inserted, namely:—"(3) the collector shall keep open to the public and display a summary of the entire proceedings undertaken in a case of acquisition of land including the amount of compensation awarded to each individual along with details of the land finally acquired under this act(4) for the purposes of sub-section (3), the summary of the entire proceedings shall include the summary of schedule for payment of compensation, dates of taking possession of the land and such other information as may be prescribed(5) it shall be the duty of the collector to ensure that physical possession of the land is taken over and the amount of compensation is paid within a period of sixty days commencing from the date of the award(6) the possession of the land acquired shall not be taken unless the compensation due under this act is paid in full or is tendered to the entitled person"amendment of section 1515 in section 15 of the principal act, for the words and figures "sections 23 and 24", the words, figures and letter, "sections 11b, 23 and 24" shall be substitutedamendment of section 1716 in section 17 of the principal act, after sub-section (4), the following sub-section shall be inserted, namely :—"(5) without prejudice to the provisions of sub-section (3) and sub-section(3a), an additional compensation of seventy-five per cent of the market value as determined under section 11b, shall be paid by the collector in respect of land and property for acquisition of which proceedings have been initiated under sub-section (1) of this section"17 after part ii of the principal act, the following parts shall be inserted, namely:—insertion of new parts iia and iib 'part iia establishment of the state authorityestablishment of land acquisition compensation disputes settlement authority17a (1) the state government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition compensation, establish, by notification in the official gazette, an authority for the state to be known as the (name of the state) land acquisition compensation disputes settlement authority to exercise the jurisdiction, powers and authority conferred on it by or under this act with regard to acquisition of land by the state government:provided that a state government may constitute more than one authority or the benches thereof, for the purposes of this act, if considers necessary(2) the head office of the authority shall be at such place as the state government may, by notification, specify(3) the authority shall consist of not more than three but not less than two members, including the chairperson to be appointed by the state government(4) the members of the authority shall be persons of ability, integrity and standing who have adequate knowledge of, and have shown capacity in, dealing with the problems relating to land acquisition matters, public administration, finance, economics and law(5) a person shall not be qualified to be a member of the authority unless he is or has been—(i) a judge of a district court; (ii) an officer of the state government not below the rank of district collector;(iii) an officer of the state government in the law department not below the rank of director(6) the members of the authority shall not hold any other office (7) the authority shall ensure transparency while exercising its powers and discharging its functions17b (1) a member shall hold office for a term of five years from the date he enters upon his office:term of office and conditions of service of membersprovided that the member shall not be eligible for re-appointment in the samecapacity in that authority in which he had earlier held the office:provided further that no member shall hold office as such after he has attained the age of sixty-seven years(2) a member of the authority may, by notice in writing under his hand addressed to the state government, resign his office:provided that the member shall, unless he is permitted by the state government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest(3) the salary, allowances and other terms and conditions of service of the members shall be such as may be prescribed by the state government:provided that the salary, allowances and other terms and conditions of service of the members, shall not be varied to their disadvantage after appointmentremoval of member17c (1) no member shall be removed from office except in accordance with theprovisions of this section(2) the state government may by order remove from office any member, if he—(a) has been adjudged an insolvent; (b) has been convicted of an offence which, in the opinion of the state government, involves moral turpitude;(c) has become physically or mentally incapable of acting as a member; (d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member;(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or(f) has been guilty of proved misbehaviour(3) no person shall be removed under this section until that person has been given an opportunity of being heard in the matter17d (1) the state government may specify the numbers, nature and categories of the officers and employees of the authorityofficers and employees of authority(2) the salaries and allowances payable to, and other terms and conditions of service of, the officers and employees of the authority shall be such as may be prescribed by the state governmentproceedings of authority17e the authority shall have its sittings at the head office or any other placeand at such time as the chairperson may direct, and shall observe such rules of procedure in regard to the transaction of business in its sittings as it may specifyfilling of a casual vacancy17f a casual vacancy in the office of a member of the authority shall be filledby the state government, by notification in the official gazette, as soon as may be, after the occurrence of the vacancy| powers ||------------|| authority |5 of 190817g (1) the authority shall, for the purposes of the settlement of disputes relating to land acquisition compensation under this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examininghim on oath;(b) discovery and production of any document or other material objectproducible as evidence;(c) receiving evidence on affidavits; (d) requisitioning of any public record; (e) issuing commission for the examination of witnesses; (f) reviewing its decisions, directions and orders; (g) any other matter which may be prescribed;(2) the authority shall have the powers to pass such interim order in any proceeding, hearing or matter before it as it may consider appropriate45 of 1860proceedings before authority2 of 197417h all proceedings before the authority shall be deemed to be judicialproceedings within the meaning of sections 193 and 228 of the indian penal code and the authority shall be deemed to be a civil court for the purposes of sections 345 and 346 of the code of criminal procedure, 1973speedy disposal of disputes by authority17-i the applications relating to settlement of land acquisition compensation under this act, shall be decided by the authority as expeditiously as possible and endeavour shall be made by it to dispose of the disputes finally within a period of six months from the date of receipt of the reference under section 1845 of 186017j the members and officers of the authority shall be deemed to be publicservants within the meaning of section 21 of the indian penal codemembers and officers of authority to be public servants jurisdiction of civil courts barred17k no civil court shall have jurisdiction to entertain any dispute relating to land acquisition in respect of which the collector or the authority is empowered by or under this act, and no injunction shall be granted by any court in respect of any such matter part iib establishment of the authority for the centre17l (1) the central government may, for the purpose of providing speedy disposal of disputes relating to land acquisition compensation, by notification, establish one or more authority to be known as the land acquisition compensation disputes settlement authority for the centre to exercise jurisdiction, powers and authority conferred on it by or under this act with regard to the acquisition of land by the central governmentestablishment of land acquisition compensation disputes settlement authority for the centre(2) the central government shall specify in the notification referred to in subsection (1) the matters and places in relation to which the authority for the centre may exercise jurisdiction(3) the authority for the centre shall consist of a chairperson and not less than two members to be appointed by the central government(4) a person shall not be qualified to be a member of the authority for the centre unless he,—(i) is or has been a judge of a high court; or (ii) has for at least fifteen years held any legislative or legal post of the union and a post in the grade ii of the indian legal service for at least three years; or(iii) a person who is or has been a member of the indian administrative service having sufficient knowledge of land acquisition and has held the post of collector of a district and a post equivalent to a joint secretary in the government of india: provided that no appointment of a sitting judge under clause (i) shall be made except after consultation with the chief justice of the high court concerned(5) the authority for the centre will have a secretariat consisting a secretary-general and such other staff as may be decided by the central government17m the provisions of sections 17b, 17c, 17d, 17e, 17f, 17g, 17h,17-i, 17j and17k shall apply to the authority for the centre and shall have effect, subject to the following modifications, namely:—(a) references to "authority" shall be construed as references to"authority for the centre";(b) references to "state government" shall be construed as references to"central government";application of certain provisions relating to authority for compensation disputes settlement to authority for the centre(c) for the reference "any member" in sub-section (2) of section 17c, the reference "any member except a sitting judge of a high court" shall be substituted'18 in section 18 of the principal act,-amendment of section 18(i) in sub-section (1), the following provisos shall be inserted, at the end, namely:—"provided that the collector shall, within a period of fifteen days from the date of receipt of application, make a reference to the authority for the centre, or as the case may be, the authority:provided further that where the collector fails to make such reference within the period so specified, the applicant may apply to the authority for the centre, or as the case may be, the authority, requesting it to direct the collector to make the reference to it within a period of thirty days"; (ii) in sub-section (2), after the proviso, the following proviso shall be inserted, namely :—"provided further that the collector may entertain an application after the expiry of the said period, within a further period of one year, if he is satisfied that there was sufficient cause for not filing it within the period specified in the first proviso"19 in section 23 of the principal act,—amendment of section 23(i) in sub-section (1), in item "first", after the words ''market value of the land", the words, figures and letter "in terms of section 11b" shall be inserted;(ii) in sub-section (2), for the words "a sum of thirty per centum on such marketvalue", the words "a sum of sixty per centum on such market-value" shall be substituted20 after section 28a of the principal act, the following section shall be inserted, namely:—insertion of new section after section 28a"28b where an award is pending or remains unsettled at any stage under the act, prior to the coming into force of the land acquisition (amendment) act, 2007, then the amount of compensation payable to the entitled person may be determined on the basis of section 11b as inserted by the said act"determination of amount of compensation in pending or unsettled cases omission of part vii21 part vii of the principal act relating to "acquisition of land for companies" and sections 38 to 44b (both inclusive) shall be omitted22 after section 54 of the principal act, the following sections shall be inserted, namely:—insertion of new sections54a and 54b"54a (1) the land acquired under this act shall not be transferred to any other purpose except for a public purpose, and after obtaining the prior approval of the appropriate governmentutilisation of land for the purpose it is acquired(2) when any land or part thereof, acquired under this act remains unutilised for a period of five years from the date of taking over the possession, the same shall return to the appropriate government by reversionsharing with landowners the difference in price of a land when transferred for a higher consideration54b whenever any land acquired under this act is transferred to any person for a consideration, eighty per cent of the difference in the acquisition cost and the consideration received, which in no case shall be less than the acquisition cost, shall be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired, and for the purpose, a separate fund may be maintained which shall be administered by the collector in such manner as may be prescribed"23 in section 55 of the principal act, in sub-section (1),—amendment of section 55(i) the first proviso shall be omitted; (ii) in the second proviso, for the words "provided further that", the words"provided that" shall be substituted;(iii) in the third proviso, for the words "provided also", the words "provided further" shall be substituted statement of objects and reasonsthe land acquisition act, 1894 (the act) has been an affective instrument for the acquisition of land for public purposes and also for companies, yet its provisions have been found to be inadequate in addressing certain issues related to the exercise of the statutory powers of the state for involuntary acquisition of private land and property2 often, such acquisition of land leads to displacement of people, depriving them of their livelihood and shelter, restricting access to their traditional resource base, and uprooting them from their socio-cultural environment these have traumatic, psychological and sociocultural consequences for the affected population, which call for protecting their rights, including those of the weaker sections of society, particularly tribals, tenants, etc rehabilitation and resettlement of the persons and families affected by involuntary acquisition of private land and immovable property is of paramount importance thus, it is necessary to extend the provisions of the extant policies or statutes for rehabilitation and resettlement of those affected by the acquisition of land under the act3 also, the ambit of the expression "person interested" under the act is proposed to be expanded so as to include tribals and other traditional forest dwellers, who have lost any traditional rights recognised under the scheduled tribes and other traditional forest dwellers (recognitions of forest rights) act, 2006 (2 of 2007) moreover, it is necessary to ensure that persons having tenancy rights under the relevant state laws are included under the scope of "person interested"4 although the land acquisition act provides for acquisition of land for public purpose, the expression "public purpose" has not been defined hence, the necessity of defining "public purpose", so as to restrict the scope of land acquisition under the act to provision of land for strategic purposes vital to the state, and for infrastructure projects where the benefits accrue to the general public is essential5 the provision of the act are also used to acquire private lands for companies this frequently raises a question mark on the desirability of such state intervention when land could be arranged by the company through private negotiations on a "willing seller-willing buyer" basis, which could be seen to be a more fear arrangement from the point of view of the land owner in view of this it is desirable to omit the provisions for the acquisition of land for companies under the act however, under certain circumstances, it may be necessary to acquire some land through statutory mechanism to the extent of a limited portion of the total area of the land required when the "person" has already purchased the rest of the land through private negotiations and the purpose is useful to the general public such "person" may include any company or association or body of individuals, whether incorporated or not6 further, it has been the experience that a large number of disputes relating to land acquisition compensation are brought before the courts of law quite often these cases remain pending for long periods of time in the courts such cases also add to the workload of the courts, which are generally over-burdened with cases other than land acquisition matters thus, it would be desirable that the jurisdiction of civil courts is barred for the purposes of the land acquisition compensation disputes and other alternate mechanisms created for disposal of such disputes in a time-bound manner7 also, it is desirable to make the various steps of the land acquisition process timebound, so that the entire process can be completed within a reasonable period of time this will be in the interest of the land owners and farmers whose lands are acquired as well as the projects and requiring bodies8 another area of concern in the application of the act, so far, has been the requirement of providing a fair compensation at market value commensurate with the purpose for which the acquired land would be used certain provisions need to be introduced accordingly in the act in addition, in view of the involuntary nature of the acquisition, adequate solatium amount should be offered to the land owners, and the amount may be higher in cases of acquisition under urgency9 often it is seen that the possession of land acquired is not taken over in time, and also there are delays in the payment of the compensation amount therefore, it is necessary to make a provision to ensure that physical possession of the land is taken over and the amount of compensation is paid within a defined period from the date of the compensation award under the act10 issues around the utilisation of the land acquired and their transfer are also areas of concern here, provision are proposed to be made so that the land acquired is not transferred to any other purpose except for a public purpose, and that too, not without prior approval of the appropriate government when any land or part thereof, acquired under the act remains unutilized for a defined period from the date of taking over possession, the same will return to the appropriate government further, whenever any land acquired under the act is transferred to any person for a consideration, a part of the net unearned income so accruing to the transferor, will be shared amongst the persons from whom the lands were acquired or their heirs, in proportion to the value at which the lands were acquired11 bringing in suitable amendments to the land acquisition act, 1894 on these lines will go a long way in striking a balance between the need for land for development and other public purposes and protecting the interests of the persons whose lands are statutorily acquired12 the bill seeks to achieve the above objectivesnew delhi;raghuvansh prasad singh, the 30th november, 2007 financial memorandumclause 17 of the bill proposes to insert a new section 17l in the act under which it is proposed that the central government may, by notification, establish one or more authority to be known as the land acquisition compensation disputes settlement authority for the centre to exercise jurisdiction, powers and authority conferred on it by or under this act with regard to the acquisition of land by the central government, for the purpose of providing speedy disposal of disputes relating to land acquisition compensation the authority for the centre shall consist of a chairperson and not less than two members to be appointed by the central government it will have a secretariat consisting of a secretary-general and other staff as may be decided by the central government the terms and conditions subject to which the chairperson and other members of the authority, will be appointed and the procedure of transaction of business of the authority for the centre shall be such as may be prescribed by the central governmentthis will involve expenditure of a recurring as well as non-recurring nature, which would be a part of the administrative expenditure of the ministrythe exact expenditure which will be involved under the proposed bill will depend upon the composition of the above-mentioned authority, which will be decided after the bill is passed hence, it is not practicable to make an exact estimate of the recurring and nonrecurring expenditure for the purpose at this stage notes on clausesclause 2 and 3 seek to omit the words "and for companies" from the long title and the preambleclause 4 seeks to insert new section 1a to provide for application of the provisions of the rehabilitation and resettlement act, 2007 for land acquisition under this actclause 5 seeks to amend section 3 relating to definitions of certain expressions, insert definitions of new expressions, etc as a consequence of the amendment to the actclause 6 seeks to amend the act to omit the words "or for a company" (wherever they occur in the act) along with grammatical variationsclause 7 seeks to amend the act to substitute the words "the court" (along with grammatical variations), with the words "the authority for the centre, or as the case may be, the authority"clause 8 seeks to insert new section 3a relating to mandatory social impact assessment prior to acquisition of land under the act in cases of displacement of a certain number of familiesclause 9 seeks to amend section 4 providing that no fresh notification to be issued for a period of one year in respect of the same land and no proceedings to be initiated for five years if the notification issued under sub-section (1) lapses for the second time it also seeks to bar any person from making any transaction of land specified in the notice of acquisition till final declaration, etcclause 10 seeks to amend sub-section (1) of section 6 so as not to make this subsection "subject to the provision of part vii of the act" it also seeks to omit explanation 1 regarding computation of the period referred to in the first provisoclause11 seeks to insert new section 8a for the purpose of evaluation of damages during survey, measurement, etcclause 12 seeks to substitute new section 11a to provide that the award shall be made within one year; for delay due to unavoidable circumstances and reasons to be recorded, the award to be made within an extended period of 6 months, and for such extended period additional compensation shall be paidclause 13 seeks to insert new sections 11b and 11c the proposed new section 11bprovides the criteria for assessing and determining the market value, such as the minimum land value if any specified in the stamp act, average sale price of similar type of land or average sale price paid for already land purchased for the same project; the state government may specify floor price per unit area, etc the proposed new section 11c provides for part payment of compensation by shares, debentures etc where a company is authorized to issue sharesclause 14 seeks to amend section 12 casting upon the collector a duty to keep open and display summary of the entire proceedings, such summary to include schedule of payment of compensation, date of taking possession, etc; to ensure physical possession of the land and payment of compensation within 60 days from the date of award etcclause 15 seeks to amend section 15 to include therein reference to new section 11b clause 16 seeks to amend section 17 as a consequence of new section 11b, for the purpose of additional compensationclause 17 seeks to insert part iia and part iib the proposed part iia relates to establishment of the state authority and contains the proposed new section 17a to section 17k these deal with establishment of the land acquisition compensation disputes settlement authority by the state, number of members of the authority, qualifications of the members;terms and conditions of service of the members, removal of a member, officers and employees of the authority, proceedings of the authority, filling of casual vacancies, powers of the authority, speedy disposal of disputes, members and officers to be public servants; and barring of jurisdiction of civil courtsthe proposed part iib relates to establishment of authority for the centre, and contains section 17l and section 17m these deal with land acquisition compensation, disputes settlement authority by the centre, constitution of the authority, qualifications of the members etc; and application of the provisions of sections 17b to 17k (both inclusive to the authority for the centre with necessary modifications to references to "authority" and "state government" to be read as "authority for the centre" and "central government" respectively, and reference to "any member" in section 17c to be read as "any member except a sitting judge of a high court"clause 18 seeks to amend section 18 for the purpose of making reference to the authority for the centre by the collector, etcclause 19 seeks to amend section 23 as a consequence of new section 11b, etc clause 20 seeks to insert new section 28b for determination of amount of compensation in cases which are pending or unsettled at any stage under the act prior to the coming into force of this actclause 21 seeks to omit part vii of the act relating to land acquisition act and sections 38 to 44b (both inclusive)clause 22 seeks to insert new sections 54a and 54b providing for utilization of land for the purpose for which it is required; and sharing with land owners difference in price of land where the land is transferred for higher considerationclause 23 seeks to omit the first proviso to sub-section (1) of section 55 of the act memorandum regarding delegated legislationclause 8 of the bill seeks to insert a new section 3a in the land acquisition act, 1894which relates to mandatory social impact assessment prior to acquisition of land under the said act the new section 3a seeks to empower the central government to prescribe, by rules, the manner and time in which social impact assessment study and other matters enumerated in the new section shall be carried out clause 13 seeks to insert new section 11c in the land acquisition act, 1894 to provide for allottment of shares and debentures in such manner as may be prescribed clause 14 seeks to amend section 12 of the act to provide for payment of compensation and other related matters by framing the rules2 sub-section (3) of section 17b and sub-section (2) of section 17d, which has been proposed to be inserted by clause 17 of the bill in the 1894 act seeks to provide that the state government may by rules prescribe the salaries and allowances payable to, and other terms and conditions of service of members of the authority and the officers and employees of the said authority in respect of the authority for the centre, similar rules can be framed by the central government under section 17m3 clause 22 of the bill seeks to insert a new section 54b in the 1894 act which provides sharing with landowners the difference in price of a land when transferred for a higher consideration and provides for making rules for maintaining and administering the fund for the purposes of new section 54b4 as per the provisions contained in sub-section (1) of section 55 to the land acquisition act, 1894, the rules made under the act are required to be laid before parliament or state legislature, as the case may bethe aforesaid 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 a normal character annexure extracts from the land acquisition act, 1894 (1 of 1894)an act to amend the law for the acquisition of land for public purposes and for companieswhereas it is expedient to amend the law for the acquisition of land needed for public purposes and for companies and for determining the amount of compensation to be made on account of such acquisitionit is hereby enacted as follows:— part i preliminary1 (1)(2)definitions(3)(b) the expression "person interested" includes all persons claiming an interest in compensation to be made on account of the acquisition of land under this act; and a person shall be deemed to be interested in land if he is interested in an easement affecting the land; (d) the expression "court" means a principal civil court of original jurisdiction, unless the appropriate government has appointed (as it is hereby empowered to do) a special judicial officer within any specified local limits to perform functions of the court under this act;(e) the expression "company" means—1 of 1956(i) a company as defined in section 3 of the companies act, 1956, other than a government company referred to in clause (cc);21 of 1860(ii) a society registered under the societies registration act, 1860, or under any corresponding law for the time being in force in a state, other than a society referred to in clause (cc);(iii) a co-operative society within the meaning of any law relating to cooperative societies for the time being in force in any state, other than a cooperative society referred to in clause (cc);(ee) the expression "appropriate government" means, in relation to acquisition of land for the purposes of the union, the central government, and, in relation to acquisition of land for any other purposes, the state government;(f) the expression "public purpose" includes—(i) the provision of village-sites, or the extension, planned development or improvement of existing village-sites;(ii) the provision of land for town or rural planning; (iii) the provision of land for planned development of land from public funds in pursuance of any scheme or policy of government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned;(iv) the provision of land for a corporation owned or controlled by the state;(v) the provision of land for residential purposes to the poor or landless or to persons residing in areas affected by natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by government, any local authority or a corporation owned or controlled by the state;21 of 1860(vi) the provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by government, or by any authority established by government for carrying out any such scheme, or, with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860, or under any corresponding law for the time being in force in state, or a cooperative society within the meaning of any law relating to cooperative societies for the time being in force in any state;(vii) the provision of land for any other scheme of development sponsored by government or, with the prior approval of the appropriate government, by a local authority;(viii) the provision of any premises or building for locating a public office, but does not include acquisition of land for companies;(g) the following persons shall be deemed persons "entitled to act" as and to the extent hereinafter provided (that is to say)—trustees for other persons beneficially interested shall be deemed the persons entitled to act with reference to any such case, and that to the same extent as the persons beneficially interested could have acted if free from disability;a married woman, in cases to which the english law is applicable, shall be deemed the person so entitled to act, and, whether of full age or not, to the same extent as if she were unmarried and of full age; and the guardians of minors and the committees or managers of lunatics or idiots shall be deemed respectively the persons so entitled to act, to the same extent as the minors, lunatics or idiots themselves, if free from disability, could have acted:provided that—(i) no person shall be deemed "entitled to act" whose interests in the subject-matter shall be shown to the satisfaction of the collector or court to be adverse to the interest of the person interested for whom he would otherwise be entitled to act;(ii) in every such case the person interested may appear by a next friend, or, in default of his appearance by a next friend, the collector or court, as the case may be, shall appoint a guardian for the case to act on his behalf in the conduct thereof;5 of 1908(iii) the provisions of order xxxii of the first schedule to the code of civil procedure, 1908 shall, mutatis mutandis, apply in the case of persons interested appearing before a collector or court by a next friend, or by a guardian for the case, in proceedings under this act; and(iv) no person "entitled to act" shall be competent to receive the compensation-money payable to the person for whom he is entitled to act, unless he would have been competent to alienate the land and receive and give a good discharge for the purchase-money on a voluntary sale part ii acquisition preliminary investigationpublication of preliminary notification and powers of officersthereupon4 (1) whenever it appears to the appropriate government that land in any locality is needed or is likely to be needed for any public purpose or for a company, a notification to that effect shall be published in the official gazette and in two daily newspapers circulating in that locality of which at least one shall be in the regional language, and the collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality (the last of the dates of such publication and the giving of such public notice, being hereinafter referred to as the date of the publication of the notification declaration of intended acquisitiondeclaration that land is required for a public purpose—6 (1) subject to the provisions of part vii of this act when the appropriate government is satisfied after considering the repot, if any, made under section 5a, sub-section (2) that any particular land is needed for a public purpose or for a company a declaration shall be made to that effect under the signature of a secretary to such government or of some officer duly authorised to certify is orders and different declarations may be made from time to time in respect of different parcels of any land covered by the same notification under section 4, sub-section (1), irrespective of whether one report or different reports has or have been made (wherever required) under section 5a, sub-section (2):provided that no declaration in respect of any particular land covered by a notification under section 4, sub-section (1),—ord 1 of 1967(i) published after the commencement of the land acquisition (amendment and validation) ordinance, 1967 but before the commencement of the land acquisition (amendment) act, 1984 shall be made after the expiry of three years from the date of the publication of the notification; or68 of 1984(ii) published after the commencement of the land acquisition (amendment act, 1984 shall be made after the expiry of one year from the date of the publication of the notification: provided further that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a company, or wholly or partly out of public revenues or some fund controlled or managed by a local authorityexplanation 1—in computing any of the periods referred to in the first proviso, the period during which any action or proceeding to be taken in pursuance of the notification issued under section 4, sub-section (1), is stayed by an order of a court shall be excluded enquiry into measurements value and claims and award by the collectorenquiry and award by collector11 (1) on the day so fixed, or any other day to which the enquiry has been adjourned, the collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land at the date of the publication of the notification under section 4, sub-section (1), and into the respective interests of the persons claiming the compensation, and shall make an award under his hand of—(i) the true area of the land; (ii) the compensation which in his opinion should be allowed for the land; and(iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him: provided that no award shall be made by the collector under this sub-section without the previous approval of the appropriate government or of such officer as the appropriate government may authorise in this behalf:provided further that it shall be competent for the appropriate government to direct that the collector may make such award without such approval in such class of cases as the appropriate government may specify in this behalf(2) notwithstanding anything contained in sub-section (1) if at any stage of the proceedings, the collector is satisfied that all the persons interested in the land who appeared before him have agreed in writing on the matters to be included in the award of the collector in the form prescribed by rules made by the appropriate government, he may, without making further enquiry, make an award according to the terms of such agreement(3) the determination of compensation for any land under sub-section (2) shall not, in any way affect the determination of compensation in respect of other lands in the same locality or elsewhere in accodance with the other provisions of this act16 fo 1908(4) notwithstanding anything contained in the registration act, 1908, no agreementmade under sub-section (2) shall be liable to registration under that act11a (1) the collector shall make an award under section 11 within a period of two years from the date of the publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse:period within which an award shall be made68 to 1984provided that in a case where the said declaration has been published before thecommencement of the land acquisition (amendment) act, 1984, the award shall be made within a period of two years from such commencementexplanation— in computing the period of two years referred to in this section, theperiod during which any action or proceeding to be taken in pursuance of the said declaration is stayed by an order of a court shall be excluded 15 in determining the amount of compensation, the collector shall be guided by theprovisions contained in sections 23 and 24matters to be considered and neglected part iii reference to court and procedure thereonreferrence to court18 (1) any person interested who has not accepted the award may, by written application to the collector, require that the matter be referred by the collector for the determination of the court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested(2) the application shall state the grounds on which objection to the award is taken: provided that every such application shall be made,—(a) if the person making it was present or represented before the collector at the time when he made his award, within six weeks from the date of the collector's award;(b) in other cases, within six weeks of the receipt of the notice from the collector under section 12, sub-section (2), or within six months from the date of the collector's award, whichever period shall first expire19 (1) in making the reference, the collector shall state, for the information of the court, in writing under his hand,—collector's statement to the court(a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon;(b) the names of the persons whom he has reasons to think interested in such land;(c) the amount awarded for damages and paid or tendered under sections 5 and17, or either of them, and the amount of compensation awarded under section 11;(cc) the amount paid or deposited under sub-section (3a) of section 17; and(d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined (2) to the said statement, shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by the parties interested, respectivelyservice of notice20 the court shall thereupon cause a notice specifying the day on which the court will proceed to determining the objection, and directing their appearance before the court on that day, to be served on the following persons, namely:—(a) the applicant; (b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and(c) in the objection is in regard to the area of the land or to the amount of compensation, the collector 23 (1) in determining the amount of compensation to be awarded for land acquired under this act, the court shall take into consideration—matters to be considered in determining compensationfirst, the market-value of the land at the date of the publication of the notification under section 4, sub-section (1); (2) in addition to the market-value of the land, as above provided, the court shall in every case award a sum of thirty per centum on such market-value, in consideration of the compulsory nature of the acquisition24 but the court shall not take into consideration—first, the degree of urgency which has led to the acquisition;matters to be neglected in determining compensationsecondly, any disinclination of the person interested to part with the land acquired;thirdly, any damage sustained by him which, if caused by a private person, would not render such person liable to a suit;fourthly, any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 6, by or in consequence of the use to which it will be put;fifthly, any increase to the value of the land acquired likely to accure from the use to which it will be put when acquired;sixthly, any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquired will be put;seventhly, any outlay or improvements on, or disposal of, the land acquired, commenced, made or effected without the sanction of the collector after the date of the publication of the notification under section 4, sub-section (1); or eighthly, any increase to the value of the land on account of its being part to any use which is forbidden by land or opposed to public policy25 the amount of compensation awarded by the court shall not be less than the amount awarded by the collector under section 11 amount of compensation awarded by court not to be lower than the amount awarded by the collectorcosts27 (1) every such award shall also state the amount of costs incurred in the proceedings under this part, and by what persons and in what proportions they are to be paid(2) when the award of the collector is not upheld, the costs shall ordinarily be paid by the collector, unless the court shall be of opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the collector that some deduction from his costs should be made or that he should pay a part of the collector's costscollector may be directed to pay interest on excess compensation28 if the sum which, in the opinion of the court, the collector ought to have awarded as compensation is inexcess of the sum which the collector did award as compensation, the award of the court may direct that the collector shall pay interest on such excess at the rate of nine per centum per annum from the date on which he took possession of the land to the date of payment of such excess into court:provided that the award of the court may also direct that where such excess or any part thereof is paid into court after the date of expiry of a period of one year from the date on which possession is taken, interest at the rate of fifteen per centum per annum shall be payable from the date of expiry of the said period of one year on the amount of such excess or part thereof which has not been paid into court before the date of such expirtyredetermination of the amount of compensation on the basis of the award of the court28a (1) where in an award under this part, the court allows to the applicant any amount of compensation in excess of the amount awarded by the collector under section 11, the persons interested in all the other land covered by the same notification under section 4, sub-section (1) and who are also aggrieved by the award of the collector may, notwithstanding that they had not made an application to the collector under section 18, by written application to the collector within three months from the date of the award of the court require that the amount of compensation payable to them may be re-determined on the basis of the amount of compensation awarded by the court:provided that in computing the period of three months within which an application to the collector shall be made under this sub-section, the day on which the award was pronounced and the time requisite for obtaining a copy of the award shall be excluded(2) the collector shall, on receipt of an application under sub-section (1), conduct an inquiry after giving notice to all the persons interested and giving them a reasonable opportunity of being heard, and make an award determining the amount of compensation payable to the applicants(3) any person who has not accepted the award under sub-section (2) may, by written application to the collector, require that the matter be referred by the collector for the determination of the court and the provisions of sections 18 to 28 shall, so far as may be, apply to such reference as they apply to a reference under section 18 part iv apportionment of compensation| ||---------------|| dispute as to || apportion- || ment |30 when the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof, is payable, the collector may refer such dispute to the decision of the court part v payment31 (1) payment ofcompensationor deposit of same in court(2) if they shall not consent to receive it, or if there be no person competent to alienate the land, or if there be any dispute as to the title to receive the compensation or as to the apportionment of it, the collector shall deposit the amount of the compensation in the court to which a reference under section 18 would be submitted:provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount:provided also that no person who has received the amount otherwise than under protest shall be entitled to make any application under section 18:provided also that nothing herein contained shall affect the liability of any person, who may receive the whole or any part of any compensation awarded under this act, to pay the same to the person lawfully entitled thereto [10] m c32 (1) if any money shall be deposited in court under sub-section (2) of the last preceding section and it appears that the land in respect whereof the same was awarded belonged to any person who had no power to alienate the same, the court shall—(a) order the money to be invested in the purchase of other lands to be held under the like title and conditions of ownership as the land in respect of which such money shall have been deposited, was held, orinvestment of money deposited in respect of lands belonging to persons incompetent to alienate(b) if such purchase cannot be effected forthwith, then in such government or other approved securities as the court shall think fit;and shall direct the payment of the interest or other proceeds arising from such investment to the person or persons who would for the time being have been entitled to the possession of the said land, and such moneys shall remain so deposited and invested until the same be applied—(i) in the purchase of such other lands as aforesaid; or (ii) in payment to any person or persons becoming absolutely entitled thereto(2) in all cases of moneys deposited to which this section applies, the court shall order the costs of the following matters, including therein all reasonable charges and expenses incident thereon, to be paid by the collector, namely:—(a) the costs of such investments as aforesaid;(b) the costs of the orders for the payment of the interest or other proceeds, of the securities upon which such moneys are for the time being invested, and for the payment out of court of the principal of such moneys, and of all proceedings relating thereto, except such as may be occasioned by litigation between adverse claimantsinvestment of money deposited in other cases33 when any money shall have been deposited in court under this act for any cause other than that mentioned in the last preceding section, the court may , on the application of any party interested or claiming an interest in such money, order the same to be invested in such government or other approved securities as it may think proper, and may direct the interest or other proceeds of any such investment to be accumulated and paid in such manner as it may consider will give the parties interested therein the same benefit therefrom as they might have had from the land in respect whereof such money shall have been deposited or as near thereto as may be part vi temporary occupation of land35 (1) (3) in case the collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the collector shall refer such difference to the decision of the court temporaryoccupation of waste or arable land, procedure when difference as t o compensation existsdifference as to condition of land37 in case the collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the collector shall refer such difference to, the decision of the court part vii acquisition of land for companies industrial concern to be deemed company for certain purposes38a an industrial concern, ordinarily employing not less than one hundred workmen owned by an individual or by an association of individuals and not being a company, desiring to acquire land for the erection of dwelling-houses for workmen employed by the concern or for the provision of amenities directly connected therewith shall, so far as concerns the acquisition of such land, be deemed to be a company for the purposes of this part, and the references to company in sections 4, 5a, 6, 7 and 50 shall be interpreted as references also to such concern39 the provisions of sections 6 to 16 (both inclusive) and sections 18 to 37 (both inclusive) shall not be put in force in order to acquire land for any company under this part, unless with the previous consent of the appropriate government, nor unless the company shall have executed the agreement hereinafter mentionedprevious consent of appropriate government and execution of agreement necessary previous enquiry40 (1) such consent shall not be given unless the appropriate government be satisfied, either on the report of the collector under section 5a, sub-section (2), or by an enquiry held as hereinafter provided—(a) that the purpose of the acquisition is to obtain land for the erection of dwelling-houses for workmen employed by the company or for the provision of amenities directly connected therewith; or(aa) that such acquisition is needed for the construction of some building or work for a company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose; or(b) that such acquisition is needed for the construction of some work and that such, work, is likely to prove useful to the public (2) such enquiry shall be held by such officer and at such time and place as the appropriate government shall appoint5 of 1908(3) such officer may summon and enforce the attendance of witnesses and compel theproduction of documents by the same means and, as far as possible, in the same manner as is provided by the code of civil procedure, 1908 in the case of civil courtagreement with appropraite government41 if the appropriate government is satisfied after considering the report, if any, of the collector under section 5a, sub-section (2), or on the report of the officer making an inquiry under section 40 that the proposed acquisition is for any of the purposes referred to in clause (a) or clause (aa) or clause (b) of sub-section (1) of section 40, it shall require the company to enter into an agreement with the appropriate government providing to the satisfaction of the appropriate government for the following matters, namely:—(1) the payment to the appropriate government of the cost of the acquisition; (2) the transfer, on such payment, of the land to the company; (3) the terms on which the land shall be held by the company; (4) where the acquisition is for the purpose of erecting dwelling-houses or theprovision of amenities connected therewith, the time within which, the conditions on which and the manner in which the dwelling-houses or amenities shall be erected or provided;(4a) where the acquisition is for the construction of any building or work for a company which is engaged or is taking steps for engaging itself in any industry or work which is for a public purpose, the time within which and the conditions on which, the building or work shall be constructed or executed; and(5) where the acquisition is for the construction of any other work the timewithin which and the conditions on which the work shall be executed and maintained, and the terms on which the public shall be entitled to use the workpublication of agreement42 every such agreement shall, as soon as may be after its execution, be published inthe official gazette, and thereupon (so far as regards the terms on which the public shall be entitled to use the work) have the same effect as if it had formed part of this act10 of 1870sections 39 to 42 not to apply where government bound by agreement43 the provisions of section 39 to 42, both inclusive, shall not apply and the corresponding sections of the land acquisition act, 1870, shall be deemed never to have applied, to the acquisition of land of any railway or other company, for the purposes of which, under any agreement with such company, the secretary of state for india in council, the secretary of state, the central government or any state government is or was bound to provide land44 in the case of the acquisition of land for the purposes of a railway company, the existence of such an agreement as is mentioned in section 43 may be proved by the production of a printed copy thereof purporting to be printed by other of government| how | agree- ||----------------|----------|| ment | with || railway comp- | || any may be | || proved | || restriction on | || transfer, etc | |44a no company for, which any land is acquired under this part shall be entitled to transfer the said land or any part thereof by sale, mortgage, gift, lease or otherwise except with the previous sanction of the appropriate government44b notwithstanding anything contained in the act, no land shall be acquired under this part, except for the purpose mentioned in clause (a) of sub-section (1) of section 40, for a private company which is not a government company1 of 1956explanation—''private company" and "government company" shall have the meanings respectively assigned to them in the companies act, 1956land not to be acquired under this part except for certain purposes for private companies other than government companies part viii miscellaneous49 (1) the provisions of this act shall not be put in force for the purpose of acquiring a part only of any house, manufactory or other building, if the owner desires that the whole of such house, manufactory or building shall be so acquired:acquisition of part of house or buildingprovided also that, if any question shall arise as to whether any land proposed to be taken under this act does or does not form part of a house, manufactory or building within the meaning of this section, the collector shall refer the determination of such question to the court and shall not take possession of such land until after the question has been determinedin deciding on such a reference, the court shall have regard to the question whether the land proposed to be taken is reasonably required for the full and unimpaired use of the house, manufactory or building50 (1) where the provisions of this act are put in force for the purpose of acquiring land at the cost of any fund controlled or managed by a local authority or of any company, the charges of any incidental to such acquisition shall be defrayed from or by such fund or companyacquisition of land at cost of local authority or company(2) in any proceeding held before a collector or court in such cases the local authority or company concerned may appear and adduce evidence for the purpose of determining the amount of compensation:provided that no such local authority or company shall be entitled to demand a reference under section 185 of 190853 save in so far as they may be inconsistent with anything contained in this act, theprovisions of the code of civil procedure, 1908, shall apply to all proceedings before the court under this actcode of civil procedure to apply to proceedings before court5 of 1908appeals in proceedings before court54 subject to the provisions of the code of civil procedure, 1908, applicable to appealsfrom original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this act to the high court from the award, or from any part of the award of the court and from any decree of the high court passed on such appeal as aforesaid an appeal shall lie to the supreme court subject to the provisions contained in section 110 of the code of civil procedure, 1908, and in order xliv thereofpower to make rules55 (1) the appropriate government shall have power to make rules consistent with this act for the guidance of officers in all matters connected with its enforcement, and may from time to time alter and add to the rules so made:provided that the power to make rules for carrying out the purposes of part vii of this act shall be exercisable by the central government and such rules may be made for the guidance of the state governments and the officers of the central government and of the state governments:provided further that every such rule made by the central government shall be laid as soon as may be after it is made, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, 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 the rule:provided also that every such rule made by the state government shall be laid, as soon as may be after it is made, before the state legislature lok sabha————abill further to amend the land acquisition act, 1894————(shri raghuvansh prasad singh, minister of rural development)

Parliament_bills

b362604a-6656-57c3-a641-cda74f852b6f

bill no xxxvi of 2014 the salt workers (protection and welfare) bill, 2014 a billto provide for the protection from exploitation and welfare measures to be undertaken bythe state for the salt workers of gujarat and other parts of the country by setting up a welfare fund, for payment of minimum wages, old age pension, healthcare, maternity facility for women workers, educational facilities for their children and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the salt workers (protection and welfare) act, 2014(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force with immediate effectdefinitions52 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in other cases the central government;10(b) "employer" means any person who employs, whether directly or throughany other person, or contractor, whether on hehalf of himself or on behalf of any other person, one or more labourer or workers for work connected with salt making from sea or salt lake, as the case may be, including handling of salt;(c) "prescribed" means prescribed by rules made under this act;5(d) "salt worker" means any person engaged in making salt from sea or lake water on land by digging shallow wells and pumping out brine or in a chemical factory or any related occupation as a wage earner, whether in cash or kind, for his livelihood and includes a person engaged through a contractor or engaged as a self employed person;10(e) "wages" means the remuneration capable of being expressed in terms of money which shall, if the terms of the contract of employment, whether express or implied, are fulfilled, be payable to the salt worker in respect of the work done under this act;(f) "welfare fund" means the salt workers welfare fund constituted under section 315establishment of salt workers welfare fund3 (1) the central government shall, by notifications in the official gazette constitute a fund to be known as the salt wokers welfare fund for the purposes of this act with an initial corpus of rupee two thousand crore to be provided by central government by due appropriation made by law by parliament in this behalf and thereafter, the central government, governments of the concerned states and employers shall contribute to the welfare fund to such extent and in such manner as may be prescribed20(2) the grants or donations made by corporate houses, financial institutions both domestic and international, individuals and bodies through donations or otherwise shall be credited to the welfare fund(3) all money received in the welfare fund shall be utilized for the welfare of salt workers in such manner as the central government may prescribe from time to time4 (1) it shall be the duty of the appropriate government to undertake such appropriate measures as it thinks fit for the welfare of salt workers25appropriate government to undertake welfare measures(2) without prejudice to the generality of the provisions of sub-section (1), the measures referred to therein may provide for,—(a) maintaining a register of salt workers with such particulars and in such manner, as may be prescribed;30(b) maintaining a register of employers employing salt workers with such particulars and in such manner as may be prescribed;(c) ensure that the wages of salt workers is not less than the minimum wages prescribed by it for such workers, from time to time;35(d) ensure protection from exploitation and availability of work round the year for the salt workers;(e) payment of old age pension; (f) provident fund facility;40(g) medical care, in particular for the skin related diseases caused by salt andsalty water which the salt workers have to handle while making salt, free of cost with both the indore and outdoor patient facilities for the salt workers and their family members;(h) maternity and creche facilities for the female salt workers; (i) educational facilities to the children of salt workers, free of cost; (j) water supply for drinking and other purposes; (k) improving standard of living and nutrition;45(l) amelioration of the social conditions;(m) providing financial assistance in case of infirmity or disability due to accident or any other reason;(n) such other welfare measures as may be prescribed5(3) in order to defray the cost of measures cited under sub-section (2), the central government may direct it to be defrayed from the welfare fund in such manner as may be prescribed5 it shall be the duty of the appropriate government to provide adequate clean drinkingwater at the sites where salt is produced for the salt workers and also to make available subsidised diesel at the salt producing sites in such manner as may be prescribedappropriate government to provide clean drinking water106 the appropriate government shall construct pucca roads in salt producing areas fortransportation of salt and repair these roads from time to timeappropriategovernmentto construct pucca roads7 (1) the appropriate government may appoint as many inspectors control, officersand staff as it deems necessary for carrying out the purposes of this actappropriate government to make appointment1545 of 1860(2) every person appointed under this section shall be deemed to be a public servant within the meaning of section 21 of the indian penal code, 1860(3) any inspector appointed under this act, may,—(a) with such assistance, if any, as he may deem fit, inspect at any reasonable time any place which he considers necessary for carrying out the purposes of this act;20(b) do within such place anything necessary for the proper discharge of his duties;(c) exercise such other powers as may be prescribed 8 the central government shall, after due appropriation by parliament, provide funds to governments of concerned states for carrying out the purposes of this actcentral government to provide funds9 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this act25overriding effect of the act penalty10 whoever contravenes any of the provisions of this act, shall be guilty of an offence and punishable with simple imprisonment which shall not be less than six months but may extend upto two years and also with fine which may extend upto one lakh rupee30power to remove difficulties11 if any difficulty arises in giving effect to the provisions of this act, the central government, may make such order to 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 final12 the central government may make rules for carrying out the purposes of this actpower of central government to make rules statement of objects and reasonssalt is a part and parcel of our eating habits and is consumed by one and all salt is produced in the coastal states of gujarat, maharashtra, goa, karnataka, andhra, odisha, west bengal and tamil nadu gujarat accounts for 767 of total salt produced in the country followed by tamil nadu 16%, rajasthan 9% but the living conditions of salt workers who make salt from the land by digging shallow wells and pumping out the brine and then making salt from the sea water or salt lakes, be it in gujarat and other parts of our vast nation is very appalling, ridden with poverty, diseases particularly skin diseases, exploitation and in many cases they are bonded labourers most of them are illiterates and they are making salt for generations in rann of kutch in gujarat, salt workers are migrants having no work during monsoon who go back to their villages they are meagerly paid and remain debt ridden salt making process makes them prone to various diseases of skin including cancer and other dangerous diseases there is no protective umbrella for them in the society they remain uncared for in their old age and most of them are left to fend for themselves the salt workers face acute problem of drinking water, power and education for their wards as they stay engaged for nine months in salt making processour nation being a welfare state has to take care of the unfortunate salt workers and their families and children and ensure that they too lead a good life this bill tries to ensure that welfare measures are implemented for the salt workers by the central and state governments in letter and spirit so as to ameliorate their living conditionshence this billahmed patel financial memorandumclause 3 of the bill provides for the establishment of the salt worker welfare fund with an intial corpus of rupee two thousand crore clause 8 states that the central government after due appropriation by parliament will provide funds to governments of concerned states for carrying out the purposes of the bill the bill, therefore, if enacted would involve expenditure from the consolidated fund of india the recurring and non-recurring expenditure on this count cannot be estimated at this stage, but has to be worked out by central government while implementing the provisions of the act memorandum regarding delegated legislationclause 12 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 protection from exploitation and welfare measures to be undertaken by the state for the salt workers of gujarat and other parts of the country by setting up a welfare fund, for payment of minimum wages, old age pension, healthcare, maternity facility for women workers, educational facilities for the children of the salt workers and for matters connected therewith or incidental thereto—————(shri ahmed patel, mp)gmgipmrnd—3804rs(s3)—18122014

Parliament_bills

e70ed8a1-7559-5fdd-be7b-7f9fd9c7a798

designated partners 8 (1) if the incorporation document specifies as to who are to be designated partners— (a) such persons shall be the designated partners on incorporation; and (2) any partner may become a designated partner by and in accordance with limited liability parmership agreement and a partner may cease to be a designated $~ partner in accordance with the limited liability partnership agreement ° (2) a limited liability parmership may appoint a designated partner within thirty days of a vacancy arising for any reason: provided that if no designated partner is appointed, or if at any time there is only one designated partner, each partner shall be deemed to be a designated partner jo (3) ifthe incorporation document states that every person who from time to time is a partner of the limited liability partnership is a designated partner, every partner shall be designated partner 9 (1) every limited liability partnership shall appoint an individual (who is resident in india) as designated partner within thirty days from the date on which a person ceases to be 7 a designated partner and the provisions of sub-section (3) and sub-section (4) of section 7 shall apply in respect of the new partner changes in designated partners and their tiabilities (2) a designated partner shall be-— (a) answerable for the doing of all acts, matters and things as are required to be done by the limited liability partnership in respect of compliance of the provisions of do this act including filing of any document, return, statement and the like report pursuant to the provisions of this act and as may be specified in the limited liability partnership agreement; and - (8) liable to all penalties imposed on the limited liability partnership for any contravention of those provisions a 10 (1) if the limited liability parmership contravenes the provisions of sub-section punishment for contravention of sections 7, (j) of section 7, the limited liability partnership and its every partner shall be punishable with fine which shall not be fess than ten thousand rupees but which may extend to five lakh rupees 8 and 9 (2) if the limited liability partnership contravenes the provisions of sub-section (3) 3e and sub-section (4) of section 7, section & or section 9 the limited liability partnership and its every partner shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees chapter ili incorporation11 (/) for a limited liability partnership to be incorporated,— incorporation document (a) two or more persons associated for carrying on a lawful business with a view to profit shall have subscribed their names to an incorporation document, () the incorporation document shall be filed in such manner and with such fees, as may be prescribed with the registrar of the state in which the registered yo office of the limited liability partnership is to be situated; and {c) there shall be filed with a statement in the prescribed form, made by either an advocate, or a company secretary or a chartered accountant, who is engaged in the formation of the limited liability partnership and by anyone who subscribed his name fo the incorporation document, that all the requirements of this act and the rules us~ made thereunder have been complied with, in respect of incorporation and matters precedent and incidental thereto(2) the incorporation document shall - (a) be in a form as may be prescribed; {b) state the name of the limited liability partnership; (c) state the proposed business of the limited liability partnership; s~ (d) state the address of the registered office of the limited liability partnership; (e) state the name and address of each of the persons who are to be partners of the limited liability partnership on incorporation; (/) state the name and address of the persons who are to be designated partners of the limited liability partnership on incorporation; le (g) contain such other information concerning the proposed limited liability partnership as may be prescribed (3) ifa person makes a statement under clause (c) of sub-section (/) which he— (a) knows to be false; or (4) does not believe to be true, sr he shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than ten thousand rupees but which may extend to five lakh rupees incorporation 12 (2) when the requirements imposed by clauses (4) and (c} of sub-section (/) of section 1] have been complied with, the registrar shall retain the incorporation document by tegistration and, unless the requirement imposed by clause (a) of that sub-section has not been complied with, he shali within a period of fourteen days— (a) register the incorporation document; and (6) give a certificate that the limited liability partnership is incorporated by the name specified in the incorporation document ax~ (2) the registrar may accept the statement delivered under clause (c) of sub-section (/) of section 11 as sufficient evidence that the requirement imposed by clause (a) of that sub-section has been complied with (3) the certificate shall be signed by the registrar and authenticated by his official seal 3°e (4) the certificate is conclusive evidence that the limited liability partnership is incorporated by the name specified in the incorporation document registered office 13 (/) every limited liability partnership shall have a registered office to which ali communications and notices may be addressed and where they shall be received 357 (2) a document may be served on a limited liability partnership or a partner or designated partner thereof by sending it by post under a certificate of posting or by registered post or by any other mode, which may be prescribed, or by leaving at its registered office (3) a limited liability partnership may change the address of its registered office by filing with the registrar notice of such change in such form and manner as may be prescribed and any such change shall take effect only upon such filing "wo (4) if the limited liability partnership contravenes any provisions of this section, the limited jiability partnership and its every partner shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees 14, a limited liability partnership shail, by its name have the power of - effect of incorporationus (a) suing and being sued; (5) acquiring, owning, holding and developing or disposing of property, both movable and immovable; {c) having a common seal; and (@) doing and suffering such other acts and things as bodies corporate may lawfully do and suffer name, 15 (2) every limited liability partnership shall have either the words "limited liability partnership" or the acronym "llp" as the last words of its name ss (2) no limited liability partnership shall be registered by a name which, in the opinion of the central government is - (a) undesirable; (8) identical or too nearly resembles to that of any other partnership firm or limited liability partnership or body corporate or a registered trade mark, or a trade tm» mark which is subject of an application for registration, of any other person under the trade marks act, 1999 reservation of 16 (7) a person may apply in such form and manner and accompanied by such fees name, as may be prescribed to the registrar for the reservation of a name set out in the application as—— (a) the name of a proposed limited liability partnership; or 3s (b) the name to which a limited liability partnership proposes to change its name (2) upon receipt of an application under sub-section (7) and on payment of the prescribed fee, the registrar may, if he js satisfied, subject to the rules prescribed by the central government in the matter, that the name to be reserved is not one which may be 2¢ rejected on any ground referred to in sub-section (2) of section 15, reserve the name for a period of three months from the date of intimation by the registrar rectification 17 (1) notwithstanding anything contained in sections 15 and 16, where the central of name of 2 government is satisfied that a limited liability partnership has been registered (whether haba through inadvertence or otherwise and whether originally or by a change of name) under a as™ partnership name which - (a) is a name referred to in sub-section (2) of section 15; or () so nearly resembles the name of any other fimited liability partnership or bady corporate or other name as to be likely to be mistaken for it; the centrai government may direct the limited liability partnership to change its name, and ge the limited liability parmership shall comply with the direction within three months after the date of the direction or such longer period as the central government may allow _ (2) any limited liability partnership which fails to comply with a direction given under sub-section (/) shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to five lakh rupees 3s application 18 (7) any entity which already has a name similar to the name of a limited liability for direction —_ partnership which has been incorporated subsequently, may apply, in such manner as may to change 2 be prescribed, to the registrar to give a direction to any limited liability partnership, on a certain ground referred to in section 17 to change its name circumstances (2) the registrar shall not consider any application under sub-section (/) to give a wo direction to a limited liability partnership on the ground referred to in clause (4) of subsection (/) of section 17 unless the registrar receives the application within twenty-four months from the date of registration of the limited liability partnership under that name change of 19 any limited liability partnership may change its name registered with the registrar ih egistered by filing with him a notice of such change in such form and manner and on payment of such 4s" fees as may be prescribed20 if any person or persons carry on business under any new name or title of which the word "limited liability partnership" or "llp" or any contraction or imitation thereof is | penalty | for ||--------------|--------|| improper | use || of | word || "limited | || liability | || partnership" | |or are the last word or words, that person or each of those persons shall, unless duly incorporated as limited liability partnership be punishable with fine which may extend to [ five lakh rupees or "llp" 21 (/) every limited liability partnership shall ensure that its invoices and official correspondence bear the following, namely:— | publication | of ||----------------|-------|| name | and || limited | || liability | |(a) the name, address and registration number of the limited liability partnership; and \e (8) a statement that it is registered with limited liability (2) any limited liability partnership which contravenes the provisions of sub-section (7) shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees chapter iv hs partners and their relations22 on the incorporation ofa limited liability partnership, the persons who subscribed eligibility to be partners their names to the incorporation document shall be its partners and any other person may become a partner of the limited liability parmership by and in accordance with the limited liability partnership agreement relationship of partners 26 23 (7) save as otherwise provided by this act, the mutual rights and duties of the partners of a limited liability partership, and the mutual rights and duties of a limited liability partnership and its partners, shall be governed by the limited liability partnership agreement between the partners, or between the limited liability partnership and its partners (2) the limited liability partnership agreement and any changes made therein shall be 2 filed with the registrar in the form and manner accompanied by such fees as may be prescribed, (3) an agreement in writing made before the incorporation of a limited liability partnership between the persons who subscribe their names to the incorporation document may impose obligations on the limited liability partnership, provided such agreement is 3 @ ratified by all the partners after the incorporation of the limited liability partnership (4) in the absence of agreement as to any matter, the mutual rights and duties of the partners and the mutual rights and duties of the limited liability partnership and the partners shall be determined by the provisions relating to that matter as are set out in the first schedule 40° 24 (7) a person may cease to be a partner of a limited liability partnership in accordance | cessation ||--------------|| partnership || interest |with an agreement with the other partners or, in the absence of agreement with the other partners as to cessation of being a partner, by giving a notice of not jess than thirty days to the other partners of his intention to resign as partner (2) a person may also cease to be a partner of a limited liability partnership by his we death or by dissolution of the limited liability partnership (3) where a person has ceased to be a partner of a limited liability partnership (hereinafter referred to as "former partner"), the former partner is to be regarded (in relation to any person dealing with the limited liability partnership) as stili being a partner of the limited liability partnership unless— 4 v (a) the person has notice that the former partner has ceased to be a partner of the limited liability partnership; or (4) notice that the former partner has ceased to be a partner of the limited liability partnership has been delivered to the registrar (4) the cessation of a partner from the limited liability partnership does not by itself discharge the partner from any obligation to the limited liability partnership or to the other partners or to any other person which he incurred while being a partner (5) where a partner of a limited liability partnership ceases to be a partner, unless otherwise provided in the limited liability partnership agreement, the former partner or a person entitled to his share in consequence of the death or insolvency of the former partner, shall be entitled to receive from the limited liability partnership an amount - (a) equal to the capital contribution of the former partner actually made to the limited liability partnership; and (4) his right to share in the accumulated profits of the limited liability partnership 19 after the deduction of losses of the limited liability partnership, determined as at the date the former partner ceased to be a partner (6) a former partner or a person entitled to his share in consequence of the death or insolvency of the former partner shall not have any right to interfere in the management of the limited liability partnership is registration 25 (/) a limited liability partnership shal! ensure that— of changes in partners (a) where a_ person becomes or ceases to be a partner, notice is filed with the registrar within thirty days from the date he becomes or ceases to be a partner; and (5) where there is any change in the name or address of a partner, notice is filed with the registrar within thirty days of such change 20 (2) a notice filed with the registrar under sub-section (/)— (a) shall be in such form and accompanied by such fees as may be prescribed; (4) shall be signed by the designated partner of the limited liability partnership and authenticated in a manner as may be prescribed; and ax" (c) if it relates to admission of a partner, shall contain a statement by the incoming partner that he consents te becoming a partner, signed by him and authenticated in a manner as may be prescribed (3) if the limited liability partnership contravenes the provisions of sub-section (j), the limited liability partnership and every designated partner of the limited liability partnership shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees (4) any person who ceases to be a partner of a limited liability 'partnership may himself file with the registrar the statement referred to in sub-section (2) if he has reasonable cause to believe that the limited liability partnership may not file the statement with the registrar and in case of any such statement filed by a partner, the registrar shall obtain a confirmation to this effect from the limited liability partnership unless the limited liability partnership has also filed such statement chapter v extent and limitation of liabilityyo partner as agent 26, every partner ofa limited liability partnership is the agent of the limited liability partnership, but not of other partners 27, (1) a limited liability partnership is not bound by anything done by a partner in' dealing with a person if— (a) the partner in fact has no authority to act for the limited liability partnership | extent | of ||-------------|-------|| labthty | of || imited | || jability | || partnership | || us" | |in doing a particular act; and (8) the person knows that he has no authority or does not know or believe him to be a partner of the limited liability partnership {2) the limited liabitity partnership is liable ifa partner ofa limited liability partnership is liable to any person as a result of a wrongful act or omission on his part in the course of the business of the limited liability partnership or with its authority (3) an obligation of the limited liability partnership whether arising in contract or otherwise, is solely the obligation of the limited liability partnership (4) the liabilities of the limited liability partmership shall be met out of the property of the limited liability partnership 28 (7) a partner is not personally liable, directly or indirectly for an obligation referred | | extent | of ||----------|-----------|-------|| lability | of | a || partner | | |to in sub-section (3) of section 27 solely by reason of being a partner of the limited liability {@ partnership (2) the provisions of sub-section (3) of section 27 and sub-section (/) of this section shall not affect the personal liability ofa partner for his own wrongful act or omission, but a partner shall not be personally liable for the wrongful act or omission of any other partner of the limited liability partnership is 29 (1) in the event ofan act carried out by a limited liability partnership, or any of its unlimited viability in case of fraud partners, with intent to defraud creditors of the limited liability partnership or any other person, or for any fraudulent purpose, the liability of the limited liability partnership and partners who acted with intent to defraud creditors or for any fraudulent purpose shall be unlimited for all or any of the debts or other liabilities of the limited liability partnership: yo provided that in case any such act is carried out by a partner, the limited liability partnership is liable to the same extent as the partner unless it is established by the llp that such act was without the knowledge or the authority of the llp (2) where any business is carried on with such intent or for such purpose as mentioned in sub-section (/), every person who was knowingly a party to the carrying on of the g~ business in the manner aforesaid shall be punishable with imprisonment for a term which tay extend to two years and with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupees whistle blowing 30 (/) the court or tribunal may reduce or waive any penalty leviable against any partner or employee of a limited liability partership, if it is satisfied that,— ge (a) such partner or employee of a lirnited liability partnership has provided useful information during investigation of such limited liability partnership; or (6) when any information given by any partner or employee (whether or not during investigation) leads to limited liability partnership or any partner or employee of such limited liability partnership being convicted under this act or any other act - gs (2) no limited liability partnership or any partner or any employee of any limited liability partnership may be discharged, demoted, suspended, threatened, harassed or in any other manner discriminated against the terms and conditions of his partnership or employment merely because of his providing information or causing information to be provided pursuant to sub-section (j) yo chapter vi contributions31 (/) a contribution of a partner may consist of tangible or intangible property or torm of contribution other benefit to the limited liability partnership, including money, promissory notes, other agreements to contribute cash or property, and contracts for services performed or to be us" performed (2) the monetary value of contribution of each partner shall be accounted for and disclosed in the accounts of the limited liability partnership in the manner as may be prescribed liability for contribution 32 (/) the obligation of a partner to contribute money or other property or other benefit or to perform services for a limited liability partnership shall be as per the limited liability partnership agreement (2) acreditor of a limited liability partnership, which extends credit or otherwise acts in reliance on an obligation described in that agreement, without notice of any compromise _¢- between partners, may enforce the original obligation against such partner chapter vii financial disclosures33 (7) the limited liability partnership shall maintain such proper books of accounts maintenance of books of as may be prescribed relating to its affairs for each year of its existence on cash basis or yo accrual basis and according to double entry system of accounting and shal! maintain the same at its registered office for such period as may be prescribed accounts, other records and audit, etc (2) every limited liability partnership shall, within a period of six months from the end of each financial year, prepare a statement of account and solvency for the said financial year as at the last day of the said financial year and the designated partners of the limited 1s~ liability partnership shall put their signature on such statement-evidencing their acceptance thereof ao (3) every limited liability partnership shall file the statement of account and solvency prepared pursuant to sub-section (2) with the registrar every year in such form and manner and accompanied by such fee as may be préeséribed (4) the accounts of limited liability partnerships shall be audited in accordance with the rules as may be prescribed: provided that the central government may, by notification, exempt any class or classes of limited liability partnerships from the requirements of this sub-section (5) any limited liability partnership which fails to compy with the provisions of this 2 $~ section shall be punishable with fine which shall not be less than one lakh rupees but which may extend to five lakh rupees and the designated partners of such limited liability partnership shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees 34 (1) every limited liability partnership shall be required to file an annual return with go annual return the registrar within sixty days of closure of its financial year in such form and manner and accompanied by such fee as may be prescribed (2) any limited liability partnership which fails to comply with the provisions of this section shall be punishable with fine which shall not be less than one iakh rupees but which may extend to five lakh rupees 337 (3) if the limited liability partnership contravenes the provisions of this section, the designated partner of such limited liability partnership shal! be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees 35 the statement of accounts and solvency and anrua! return filed by each limited liability partnership shall be available for inspection in the office of the registrar during yo business hours in such manner and on payment of such fees as may be prescribed | inspection | of ||---------------|-------|| documents | || kept | by || registrar | |36 if in any return, statement or other document required by or for the purposes of penaity for any of the provisions of this act, any person makes a statement - false statement (a} which is false in any material particular, knowing it to be false; or (b) which omits any matezial fact knowing it to be material; he shall, save as otherwise expressly provided in this act, be punishable with imprisonment for a term which may extend to two years, and shall also be liable to fine which may extend to five lakh rupees but which shall not be less than one lakh rupees 37 (7) in order to obtain such information as the registrar may consider necessary for the purposes of carrying out the provisions of this act, the registrar may - | power | of ||--------------|-------------|| registrar | to || obtaia | || information | || (a) | require any || of | a || ss | may || (4) | summon || public | officer |(2) the registrar may further require the person referred to in sub-section (/) to make such further declaration or supply such further particulars as the registrar may consider {© necessary (3) any person who, without lawful excuse, fails to comply with any summons or requisition of the registrar under this section shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees compounding of offences 38 the central government may compound any offence under this act which is }5~ punishable with fine only, by collecting from a person reasonably suspected of having committed the offence a sum which may extend to the amount of the maximum fine prescribed for the offence destruction of old records 39 the registrar may destroy any document filed or registered with him in physical form or in electronic form in accordance with such rules as may be prescribed qe 40 (7) ifany limited liability partnership is in default in complying with— enforcement (a) any provision of this act or of any other law which requires the filing in any of duty to make returns manner with the registrar of any return, account or other document or the giving of hotice to him of any matter; or _ (2) any request of the registrar to amend or complete and resubmit any document 25 or to submit a fresh document; and (c) fails to make good the default within fourteen days after the service on the person of a notice requiring it to be done, the tribunal may, on application by the registrar, make an order directing that person or if that person is a corporation any officer of the body corporate to make good the default 2° within such time as is specified in the order (2) any such order may provide that all the costs of and incidental to the application shall be borne by that person or by any officer of the body corporate who is responsible for the default if that person is a body corporate - (3) nothing in this section shall limit the operation of any other provision of this act 5 or any other law imposing penalties in respect of any default referred to in this section on that person or an officer of a body corporate if that person is a body corporate chapter viii assignment and transfer of partnership rights41 (/) the rights of a partner to a share of the profits and losses of the limited liability \ © partnership and to receive distributions in accordance with the limited liability partnership partner's transferable interestagreement are transferable either wholly or in part (2) the transfer of any right by any partner pursuant to sub-section (/) does not by itself cause the disassociation of the partner or a dissolution and winding up of the limited liability partnership y os (3) the transfer of right pursuant tc this section does not, by itself, entitle the transferee or assignee to participate in the management or conduct of the activities of the limited liability partnership, or access information concerning the transactions of the limited liability partnership chapter ix investigationinvestigation of the affairs 42 (1) the central government shall appoint one or more competent persons as inspectors to investigate the affairs of a limited liability partnership and to report thereon in such manner as it may direct if— | of | a | limited ||-------------|-----------|------------|| lability | | || partnership | | || (a) | the | tribunal, || than | one-fifth | of || declares | that | the |(8) any court, by order, declares that the affairs of a limited liability partnership ought to be investigated (2) the central government may appoint one or more competent persons as inspectors to investigate the affairs of a limited liability partnership and to report on them in such manner as it may direct (3) the appointment of inspectors pursuant to sub-section (2} may be made,— (a) ifnot less than one-fifth of the total number of partners of the limited liability partnership make an application along with supporting evidence and security amount as may be prescribed; or (5) ifthe limited liability partnership makes an application that the affairs of the limited liability partnership ought to be investigated; or (c) if, in the opinion of the central government, there are circumstances suggesting— () that the business of the limited liability partnership is being conducted with an intent to defraud its creditors, partners or any other person, or otherwise for a fraudulent or unlawful purpose, or in a manner oppressive or unfairly prejudicial to some or any of its partners, or that the limited liability partnership was formed for any fraudulent or unlawful purpose; or (id) that any of the partners of the limited liability partnership has been guilty of fraud, misfeasance or other misconduct towards the limited liability partnership or towards its other partners; or (iii) that any of the partners of the limited liability partnership has not been given ali the information with respect to its affairs which they might cveasonably expect, including information relating to the remuneration payable to a designated partner of the limited liability partnership; or (iv) that, on receipt of a report of the registrar, there are sufficient reasons that the affairs of the limited liability partnership ought to be investigated gs application 'yy partners for lavestigatian tu be supported yo by evidence and power to 43 an application by partners of the limited liability partnership under clause (a) of sub-section (7) of section 42 shall be supported by such evidence as the tribunal may require for the purpose of showing that the applicants have good reason for requiring the investigation and the central government may, before appointing an inspector, require the applicants to give security, of such amount as may be prescrit ee or payment of the costs call for sccuntty of the investigation 44, no firm, body cerporate or other association shall be appointed as an inspector firm, body corporate or assomiation not & be appomted a inspector 45, (/) han inspectors appointed by the central gevernmeni to investigate the affairs power of me pects ia carry out ue ms csugapon ofa hinited liability partnership thinks it necessary for the purposes of his investigation to investigate also the affairs of an entity which has been associated in the past or is presently associated with the limited liability partnership or any present or former partner or designated pariner of the limited liability parmership, the inspector shal! have the power to do so and into affairs of telated cutities, etc shail report on the affairs of the other entity or partner or designated partner, so far as he thinks that the results of his investigation thereof are relevant to the investigation af the affairs of the limited liability partnership (2) in the case of any entity or partner or designated partner referred to in sub-section (j), the inspector shall not exercise his power of investigating into, and reporting on, its or his affairs without first having obtained the prior approval of the central government thereto: provided that before according approval under this sub-section, the central government shall give the entity or partner or designated partner a reasonable opportunity to shuw cause why such approval should not be accorded 46 (1) it shall be the duty of the designated partner and partners of the limited liability partnership— | production | of ||---------------|-----------|| documents | and || evidence | || {a | || (a) | to || him | in || and | papers || other | entity, || ts | || (4) | otherwise || investigation | which |(2) the inspector may, with the previous approval of the central government, require any entity other than an entity referred to in sub-section (/) to furnish such information to, 2o or produce such books and papers before him or any person authorised by him in this behaif with the previous approval of that government as he may consider necessary if the furnishing of such information or the production of such books and papers is relevant or necessary for the purposes of his investigation (3) the inspector may keep in his custody any books and papers produced under sub-section (/) or sub-section (2) for thirty days and thereafter shall return the same to the limited liability partnership, other entity or individual by whom or on whose behalf the books and papers are produced: as provided that the inspector may call for the books and papers if they are needed again: provided further that if certified copies of the books and papers produced under subsection (2) are furnished to the inspector, he shall return those books and papers to the 0 entity or person concerned (4) an inspector may examine on cath— (a) any of the persons referred to in sub-section (/) ; and (8) with the previous approval of the central government, any other person in relation to the affairs of the limited liability partnership or any other entity as the case bf may be; and (c) may administer an oath accordingly and for that purpose may require any of those persons to appear before him personally (5) if any person fails without reasonable cause or refuses— (a) to produce before an inspector or any person authorised by him in this 4o behalf with the previous approval of the central government any book or paper which it is his duty under sub-section (7) or sub-section (2) to produce ; or (8) to furnish any information which it is his duty under sub-section (2) to furnish ; or as {c) to appear before the inspector personally when required to do so under subsection (4) or to answer any question which is put to him by the inspector in pursuance of that sub-section ; or (a) to sign the notes of any examination, he shail be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees and with a further fine which shall not be less than fifty rupees but which may extend to five hundred rupees for every day after the first day after which the default continues (6) the notes of any examination under sub-section (4) shall be taken down in writing and signed by the person whose examination was made on oath and a copy of such notes shall be given to the person so examined on oath and thereafter be used as an evidence by the inspector | seizure | of ||------------|-------|| documents | by || inspector | |at (1) where in the course of investigation, the inspector has reasonable ground to believe that the books and papers of, or relating to, the limited liability partnership or other entity or partner or designated partner of such limited liability partnership may be destroyed, mutilated, altered, falsified or secreted, the inspector may make an application to the judicial magistrate of the first class or, as the case may be, the metropolitan magistrate, having jurisdiction, for an order for the seizure of such books and papers (2) after considering the application and hearing the inspector, if necessary, the magistrate may, by order, authorise the inspector - i< (a) to enter, with such assistance, as may be required, the place or places where such books and papers are kept ; (4) to-search that place or those places in the manner specified in the order ; and (c) to seize books and papers which the inspector considers it necessary for the purposes of his investigation (3) the inspector shall keep in his custody the books and papers seized under this section for such period not later than the conclusion of the investigation as he considers necessary and thereafter shail return the same to the concerned entity or person from whose custody or power they were seized and inform the magistrate of such return: av provided that the books or papers shall not be kept seized for a continuous period of more than six months: provided further that the inspector may, before returning such books and papers as aforesaid, place identification marks on them or any part thereof (4) save as otherwise provided in this section, every search or seizure made under re 2 of 1974, this section shall be carried out in accordance with the provisions of the code of criminal procedure, 1973 relating to searches or seizures made under that code inspector's report, 48 (7) the inspectors may, and if so directed by the central government, shall make interim reports to that government, and on the conclusion of the investigation, shall make a final report to the central government and any such report shall be written or printed, as the central government may direct (2) the central government - 25° (a) shall forward a copy of any report (other than an interim report) made by the inspectors to the limited liability partnership at its registered office, and also to any other entity or person dealt with or related to the report; and (4) may, if it thinks fit, furnish a copy thereof, on request and on payment of the prescribed fee, to any person or entity related to or affected by the report prosecution 49 if, from the report under section 48, it appears to the central government that any person in relation to the limited liability partnership or in relation to any other entity whose affairs have been investigated, has been guilty of any offence for which he is liable, the central government may prosecute such person for the offence; and it shall be the duty of 4s all partners, designated partners and other employees and agents of the limited liability partnership or other entity, as the case may be, to give the central government all assistance in connection with the prosecution which they are reasonably able to give 50 [fany such limited liability partnership is liable to be wound up under this act or soany other faw for the time being in force, and it appears to the central government from any such report under section 48 that it is expedient to do so by reason of any such circumstances application for winding up of limited liabiltty partnership as are referred to in sub-clause (4) or (/) of clause (c) of sub-section (3) of section 42, the central government may, unless the limited liability partnership is already being wound up by the tribunal, cause to be presented to the tribunal by any person authorised by the central government in this behalf, a petition for the winding up of the limited liability partnership on the ground that it is just and equitable that it should be wound up proceedings for recovery 51 if from any report under section 48, it appears to the central government that proceedings ought, in the public interest, to be brought by the limited liability partnership or any entity whose affairs have been investigated, - of damages or property \e (a) for the recovery of damages in respect of any fraud, misfeasance or other misconduct in connection with the promotion or formation, or the management of the affairs, of such limited liability partnership or such other entity; or (5) for the recovery of any property of such limited liability parmership or such other entity, which has been misapplied or wrongfully retained, the central government may itself bring proceedings for that purpose §2 (/) the expenses of and incidental to an investigation by an inspector appointed ir expenses of investigation by the central government under this act shall be defrayed in the first instance by the central government, but the following persons shall, to the extent mentioned below, be liable to reimburse the central government in respect of such expenses, namely:-— 20 (a) any person who is convicted on a prosecution, or who is ordered to pay damages or restore any property in proceedings brought by virtue of section 51, may, in the same proceedings, be ordered to pay the said expenses to such extent as may be specified by the tribunal convicting such person, or ordering him to pay such damages or restore such property, as the case may be; (8) any entity in whose name proceedings are brought as aforesaid shall be liable, to the extent of the amount or value of any sums or property recovered by it as ast a result of the proceedings; and (c) unless, as a result of the investigation, a prosecution is instituted in pursuance of section 49, (8 any entity, a partner or designated partner or any other person dealt with by the report of the inspector shall be liable to reimburse the central government in respect of the whole of the expenses, unless and except in so far as, the central government otherwise directs; and (ii) the applicants for the investigation, where the inspector was appointed in pursuance of the provisions of clause (a) of sub-section (7) of section 42, - 3) shail be liable to such extent, if any, as the central government may direct (2) any amount for which a limited liability partnership or other entity is liable by virtue of clause (6) of sub-section (7) shall be a first charge on the sums or property mentioned in that clause, (3) the amount of expenses in respect of which any limited liability partnership, other yo entity, a partner or designated partner or any other person is liable under sub-ciause (/) of clause (¢) of sub-section (/) to reimburse the central government shall be recoverable as an arrear of land revenue (4) for the purposes of this section, any costs or expenses incurred by the centra! government or in connection with proceedings brought by virtue of section 51 shall be treated as expenses of the investigation giving rise to the proceedings my inspector's report to be evidence53, a copy of any report of any inspector or inspectors appointed under this act, authenticated in such manner, if any, as may be prescribed, shall be admissible in any legal proceeding as evidence of the opinion of the inspector or inspectors in relation to any matter contained in the report chapter x conversion to limited liability partnershipconversion 84 the provisions of the second schedule shall apply to the conversion from firm to from firm to saat jahili i limited a limited liability partnership liability partnership conversion - §5, the provisions of the third schedule shall apply to the conversion from private s~ from private company to company toa limited liability partnership limited liability partnership conversion $6 the provisions of the fourth schedule shall apply to the conversion from unlisted from intisted public company toa limited liability parmership pu 1¢ company to limited liability partnership chapter xi foreign limited liability partnership ipforeign 57 the central government shall make rules for provisions in relation to establishment limited liability of place of business by foreign limited liability partnership within india and carrying on artnership ° p p their business therein by - (a) applying or incorporating, with such modifications, as appear appropriate, the provisions of the companies act, 1956; and } sy of 1956 (b) in all other respect the provisions of this act shall apply chapter xii compromise, arrangement or reconstruction of limited liability partnershipscompromise, 58 the central government shalt make rules for provisions in relation to compromise, arrangement arrangement or reconstruction of limited liability partnerships 20 t reconstruction of limited liabiluy partnerships chapter xh winding up and dissolutionwinding up $9 the winding up ofa limited liability partnership may be either voluntary or by the tribunal circumstances 60 a limited liability partnership may be wound up by the tribunal, —— 2 a in which limited (a) if the limited liability partnership decides that limited liability partnership be (4) ifthe number of partners of the limited liability parinership is reduced below hability wound up by the tribunal; partnership may be wound up by two; lribunal lo cues lo e (c) if the limited liability partnership is unable to pay its debts; 3 (d) if the limited liability partnership has acted against the interests of the sovereignty and integrity of india, the security of the state or public order; (e) ifthe limited liability partnership has made a default in filing with the registrar the statement of account and solvency or annual return for any five consecutive a financial years; (/) if the tribunal is of the opinion that it is just and equitable that the limited liability partnership be wound up : 61 the central government shall make rules for provisions in relation to winding up rules for winding up and dissolution of limited liability partnerships =" chapter xiv miscellaneous62 a partner may lend money to and transact other business with the limited liability partnership and has the same rights and obligations with respect to the loan or other transactions as a person who is not a partner business transactions of partner with limited fability partnership jo 63 (7) the central government may, by notification in the official gazette, direct that application of company law 1 of 1956 any of the provisions of the companies act, 1956 specified in the notification— (a) shall apply to any limited liability partnership; or (d) shall apply to any limited liability partnership with such exception, modification-and adaptation as may be specified in the notification ss (2) a copy of every notification proposed to be issued under sub-section (/) shall be laid in draft before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in disapproving the issue of the notification or both houses ao agree in making any modification in the notification, the notification shall not be issued or, as the case may be, shall be issued only in such modified form as may be agreed upon by both the houses 64 (1) any document required to be filed, recorded or registered under this act may electronic be filed, recorded or registered in such manner and subject to such conditions as may be filing of documents 5 4 prescribed (2) acopy of or an extract from any document electronically filed with or submitted to the registrar which is supplied or issued by the registrar and certified through digital signature to be a true copy of or extract from such document shall, in any proceedings, be admissible in evidence as of equal validity with the original document 40 (3) any information supplied by the registrar that is certified by the registrar through digital signature to be a true extract from any document filed or filed with or submitted to the registrar shall, in any proceedings, be admissible in evidence and be presumed, unless evidence to the contrary is adduced, to be a true extract from such document 65 subject to the provisions of this act, if any document or return required to be filed payment of defaull fee or registered under this act with the registrar, is not filed or registered in time and ts allowed ww wan to be filed or registered after that time, then, without prejudice to any other action or liability under this act, such document or return may be filed or registered with the registrar on payment of a default fee of five hundred rupees for every day of such delay in addition to any fee as is payable for filing of such document or return, as the case may be we 66, the provisions of this act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force appitcation of other laws not barred 67 (/) the tribunal shall discharge such powers and functions as are, or may be, conferred on it by or under this act or any other law for the time being in force (2) any person aggrieved by an order or decision of tribunal may prefer an appeal to jurisdiction of tribunal and appellate tribunal,the appellate tribunal and the provisions of sections 1ofq, 10fza, 10g, 10gd, 10ge and 1 of 1956 10gf of the companies act, 1956 shall be applicable in respect of such appeal general penalties 68 any person guilty of an offence under this act for which no punishment is expressly provided shall be liable to a fine which may extend to five lakh rupees and with a further fine which may extend to fifty rupees for every day after the first day after which the default continues 69 where the registrar has reasonable cause to believe that a limited liability $7 partnership is not carrying on business or its operation, in accordance with the provisions of this act, the name of limited liability partnership may be struck off the register of limited | power | of ||-----------|---------|| registrar | to || strike | defunct || limited | |liability partnerships in such manner and following such procedure as may be prescribed liability partnership off register 70 where an offence under this act committed by a limited liability partnership is offences by limited proved - 10 (a) to have been committed with the consent or connivance of a partner or lability partnerships partners or designated partner or designated partners of the limited liability partnership; or {b) to be attributable to any neglect on the part of the partner or partners or designated partner of that limited liability partnership, ig the partner or partners or designated partner or designated partners of the limited liability partnership, as the case may be, as well as that limited liability partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly 71 notwithstanding any provision to the contrary in any act for the time being in jurisdiction of the court force, the judicial magistrate of the first class or, as the case may be, the metropolitan 20 magistrate shall have jurisdiction to try any offence under this act and shall have power to impose punishment in respect of the offence 72 (1) the central government may, by notification, in the official gazette, make | power | to ||----------|-------|| make | rules |rules for carrying out the provisions of this act (2) in particular, and without prejudice to the generality of the foregoing powers, 207 such rules may provide for all or any of the following matter, namely:— (a) the particulars of every individual agreeing to act as designated partner of limited liability partnership under sub-section (3) of section 7; (b) the conditions and requirements under sub-section (4) of section 7; (c) the manner of filing the incorporation document and payment of fees payable zo thereof under clause (4) of sub-section (7) of section 11; (d) the form of statement to be filed under clause (c) of sub-section (/) of section 11; {z) the form of incorporation document under clause (a) of sub-section (2) of 3 section 11; {f the information to be contained in the incorporation document concerning the proposed limited liability partnershjp under clause (g) of sub-section (2) of section 11; (g) the mode of serving the documenis on a limited liability partnership under yo sub-section (2) of section 13; th) the form and manner of notice to registrar under sub-section (3) of sectibn 13; (i) the manner of application and amount of fee payable to the registrar under sub-section (7) of section 16; @) the manner in which names will be reserved by registrar under sub-section y co (2) of section 16; (x) the manner in which an application may be made under sub-section (/) of section 18; () the form and manner of notice of change of namie of limited liability partnership and the amount of fees payable under section 19; (m) the form and manner of the limited liability partnership agreement and the changes made therein and the amaunt of fees payable under sub-section (2) of section 23; (n) the form of notice, the amount of fees payable and the manner of ss authentication of the statement under clauses (a), (4) and (c) of sub-section (2) of section 25; (o) the manner of accounting and disclosure of monetary value of contribution of a partner under sub-section (2) of section 31; (p) the books of account and the period of their maintenance under sub-section 1@ (/) of section 33; fq) the form and manner of filing of statement of account and solvency under sub-section (3) of section 33; (r) the accounts of a limited liability partnership shall be audited under subsection (4) of section 33; t ss (s) the form and manner of filing of annual return under sub-section (/) of section 34; () the manner and amount of fees payable for inspection of statement of accounts and solvency and annual return under section 35; (u) destruction of documents by registrar under section 39; qe (v) the amount required as security under clause (a) of sub-section (3) of section 42; (w) the amount of security to be given under section 43; (x) the fees payable for furnishing a copy under clause (6) of sub-section (2) ofsection 48; (y) the manner of authentication of report of inspector under section 53; (z) the provisions in relation to foreign 'imited liability partnerships under section 57; (za) the provisions in relation to compromise, arrangement or reconstruction under section 58; be (z4) the provisions in relation to winding up and dissolution of limited liability - partnerships under section 61; (zc) the manner and conditions for filing a document electronically under section 64; (zd) the manner and procedure for striking off the names of limited liability 3° partnerships from the register under section 69; (ze) the statement and form containing particulars under paragraph 3/(a) of the second schedule; (z/) the form, manner and amount of fee payable on the statement under subparagraph (a) of paragraph 4 of the third schedule; yo zg) the form of certificate of registration under paragraph 5 of the third schedule; (zh) the form, manner and amount of fee payable on the statement under subparagraph (a) of paragraph 5 of the fourth schedule (3) every rule or order made under this act shall be jaid, 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 (vo or more successive sessions, and hf 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 shall be 0 without prejudice to the validity of anything previously done under that rule 73 (/) ifany difficulty arises in giving effect to the provisions of this act, the central power to government may, by arder published in the official gazette, make such provisions, not remove inconsistent with the provisions of this act as may appear to it to be necessary for removing difficulties the difficulty: provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this act (2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament default provisions for limited liability partnerships1 the mutual rights and duties of the partners and the mutual rights and duties of the limited liability partnership and its partners shall be determined, subject to the terms of any limited liability partnership agreement or in the absence of any such agreement, by the provisions in this schedule 2 all the partners of a limited liability partnership are entitled to share equally in the capital, profits and losses of the limited liability partnership 3 the limited liability partnership shail indemnify each partner in respect of payments made and personal liabilities incurred by him - (a) in the ordinary and proper conduct of the business of the limited liability partnership; or (4) in or about anything necessarily done for the preservation of the business or property of the limited liability partnership 4, every partner may take part in the management of the limited liability partnership 5 no partner shall be entitled to remuneration for acting in the business or management of the limited liability partnership 6 no person may be introduced as a partner without the consent of all the existing partners 7 any matter or issue relating to the limited liability partnership shall be decided by resolution passed by a majority in number of the partners, and for this purpose, each partner shall have one vote however, no change may be made in the nature of business of the limited liability partnership without the consent of all the partners 8 each partner shall render true accounts and full information of all things affecting the limited liability partnership to any partner or his legal representatives 9 if a partner, without the consent of the limited liability partnership, carries on any business of the same nature as and competing with the limited liability partnership, he must account for and pay over to the limited liability partnership all profits made by him in that business 10 every partner shall account to the limited liability partnership for any benefit derived by him without the consent of the limited liability partnership from any transaction concerning the limited liability partnership, or from any use by him of the property, name or any business connection of the limited liability partnership 11, no majority of the partners can expel any partner unless a power to do so has been conferred by express agreement between the partners the second schedule [see section 54] conversion from firm to limited liability partnership1 (/) a firm may convert to a limited liability parmership by complying with the requirements as to the conversion set out in this schedule (2) upon such conversion, the partners of the firm shall be bound by the provisions of | conversion | of ||---------------|-------|| firms | to || limited | || liability | || partnership | |this schedule that are applicable to them (3) the central government may, by order published in the official gazette, amend, add to or vary the provisions of this schedule explanation:-—in this paragraph, "convert", in relation to a firm converting to a limited liability partnership, means a transfer of the property, assets, interests, rights, privileges, liabilities, obligations and the undertaking of the firm to the limited liability parmership in accordance with the provisions of this schedule eligibility for conversion 2 a firm may apply to convert to a limited liability partnership in accordance with this schedule if and only if the partners of the limited liability partnership to which the firm is to be converted, comprise all the partners of the firm and no one else statements to be filed 3 a firm may apply to convert to a limited liability partnership by filing with the registrar - (a) a statement by all of its partners in such medium and form and accompanied by such fees as the central government may prescribe, containing the following particulars, namely:— (4) the name and registration number (if applicable) of the firm; and (ii) the date on which the firm was registered under the indian partnership act, 1932 (9 of 1932) or any written law (ifapplicable); and {6) incorporation document and statement referred to in section 11 4 on receiving the documents referred to in paragraph 3, the registrar shall subject to registration of conversion the provisions of this act, register the documents and issue a certificate of registration in such form as the registrar may determine stating that the limited liability partnership is, on and from the date specified in the certificate, registered under this act | registrar | may ||--------------|--------|| refuse | to || register, | |5 (2) nothing in this schedule shall be construed as to require the registrar to register any limited liabitity partnership if he is not satisfied with the particulars or other information furnished under the provisions of this act (2) the registrar may, in any particular case, require the documents referred to in paragraph 3 to be verified in such manner as he considers fit effect of registration 6 on and from the date of registration specified in the certificate of registration issued under paragraph 4; (a) there shall be a limited liability partnership by the name specified in the certificate of registration registered under this act; (8) all movable and immovable property vested in the firm, all assets, interests, rights, privileges, liabilities, obligations relating to the firm and the whole of the undertaking of the firm shall be transferred to and shal! vest in the limited liability partnership without further assurance, act or deed; and (c) the firm shat! be deemed to be dissolved and if earlier registered under the indian partnership act, 1932 (9 of 1932) removed from the records maintained under that act regustration 7 ifany property to which sub-paragraph (4) of paragraph 6 applies is registered with any authority, the limited liability partnership shall, as soon as practicable after the date of in relation to propertyregistration, take all necessary steps as required by the relevant authority to notify the authority of the conversion and of the particulars-of the limited liability partnership in such medium and form as the authority may specify pending proceedings 8 all proceedings by or against the firm which are pending in any court or tribunal or before any authority on the date of registration may be continued, completed and enforced by or against the limited liability partnership continuance of conviction, 9 any conviction, ruling, order or judgment of any court, tribunal or other authority in favour of or against the firm may be enforced by or against the limited liability partnership | ruling, | order ||-------------|-----------|| or | judgment || existing | || agreements | |10 every agreement to which the firm was a party immediately before the date of registration, whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from that day as if— (a) the limited liability partnership were a party to such an agreement instead of the firm; arid (5) for any reference to the firm, there were substituted in respect of anything to be done on or after the date of registration a reference to the limited liability partnership existing contracts, etc 11 all deeds, contracts, schemes, bonds, agreements, applications, instruments and arrangements subsisting immediately before the date of registration relating to the firm or to which the firm is a party, shall continue in force on and after that date as if they relate to the limited liability partnership and shall be enforceable by or against the limited liability partnership as if the limited liability partnership were named therein or were a party thereto instead of the firm 12 every contract of employment to which paragraph 10 or paragraph 11 applies shall continue to be in force on or after the date of registration as if the limited liability partnership continuance of employment were the employer thereunder instead of the finn 13 (/) every appointment of the firm in any role or capacity which is in force immediately before the date of registration shal! take effect and operate from that date as if the limited liability parmership were appointed existing, appointment authority or power (2) any authority or power conferred on the firm which is in force immediately before the date of registration shall take effect and operate from that date as if it were conferred on the limited liability partnership application of paragraphs 14, the provisions of paragraphs 6 to 13 (both inclusive) shall not apply to any approval, permit or licence issued under any written law to the firm which is in force immedi- 6 to 13, ately before the date of registration of the limited liability partnership partner hable 15 (7) notwithstanding anything in paragraphs 6 to 13 (both inclusive), every partner of a firm that has converted to a limited liability partnership shall continue to be personally liabie (jointly and severally with the limited liability partnership) for the liabifities and obligations of the firm which were incurred prior to the conversion or which arose from any for liabilities and obligations of firm before contract entered into prior to the conversion conversion (2) if any such partner discharges any liability or obligation referred to in sub-paragraph (/), he shall be entitled (subject to any agreement with the limited liability partnership to the contrary) to be fully indemnified by the limited liability partnership in respect of such liability or obligation nouce of conversion in correspondence 16 (7) the limited liability partnership shall ensure that for a period of twelve months commencing not later than fourteen days after the date of registration, every official correspondence of the limited liability partnership bears the following: (a) a statement that it was, as from the date of registration, converted froma firm to a limited liability partnership; and (6) the name and registration number (if applicable) of the firm from which it was converted (2) any limited liability partnership which contravenes the provisions of sub-paragraph (/) shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees and with a further fine which shall not be less than fity tupees but which may extend to five hundred rupees for every day after the first day after which the default continues the third schedule [see section 55] conversion from private 'company to limited liability partnership1 in this schedule, unless the context otherwise requires,— interpretation (a) "company" means a private company,as defined in clause (iid) of subsection (/) of section 3 of the companies act, 1956 (1 of 1956); ; + (b) "convert", in relation to a private company converting to a limited liability partnership, means a transfer of the property, assets, interests, rights, privileges, liabilities, obligations and the undertaking of the private company to the limited liability partnership in accordance with this schedule amendment of schedule 2 the central government may, by order published in the gazette, amend, add to or vary the provisions of this schedule , 3 (/) acompany may convert to a limited liability partnership by complying with the requirements as to the conversion set out in this schedule (2) a company may apply to convert to a limited liability partnership in accordance with this schedule if and only if - | eligibility | for ||----------------|--------|| conversion | of || private | || companies | to || limited | || liability | || partnership | |(a) there is no security interest in its assets subsisting or in force at the time of application; and (4) the partners of the limited liability partnership to which it converts comprise all the shareholders of the company and no one else (3) upon such conversion, the company, its shareholders, the limited liability partnership to which the company has converted and the partners of that limited liability partnership shall be bound by the provisions of this schedule that are applicable to them statements to 4 acompany may apply to convert to a limited liability partnership by filing with the registrar— be filed (a) 2 statement by all its shareholders in such form and manner to be accompanied by such fees as the central government may prescribe, containing the following particulars, namely:— (:) the name and registration number of the company; and (ii) the date on which the company was incorporated under the companies act, 1956 (1 of 1956); and (4) incorporation document and statement referred to in section 11 5 on receiving the documents referred to in paragraph 3, the registrar shall, subject registration of conversion, to the provisions of this act and the rules made thereunder register the documents and issue a certificate of registration in such form as the central government may prescribe stating that the limited liability partnership is, on and from the date specified in the certificate, registered under this act registrar may refuse to register 6 (/) nothing in this schedule shall be construed as to require the registrar to register any limited liability partnership if he is not satisfied with the particulars or other information furnished under the provisions of this act (2) the registrar may, in any particular case, require the documents referred to in paragraph 3 to be verified in such manner as he considers fit effect of registration7 on and from the date of registration specified in the notice of registration issued under paragraph 4— {a} there shall be a limited liability partnership by the name specified in the certificate of registration registered under this act; (&) all movable and immovable property vested in the company, all assets, interests, rights, privileges, liabilities, obligations relating to the company and the whole of the undertaking of the company shall be transferred to and shall vest jn the limited liability partnership without further assurance, act or deed: and (c) the company shall be deemed to be dissolved and removed from the records of the registrar of companies | registration | in ||-----------------|-------|| relation | to || property | |8 if any property to which clause (b) of paragraph 7 applies is registered with any authority, the limited liability partnership shall as soon as practicable after the date of registration, take all necessary steps as required by the relevant authority to notify the authority of the conversion and of the particulars of the limited liability partnership in such medium and form as the authority may determine pending proceedings 9, all proceedings by or against the company which are pending before any court, tribunal or other authority on the date of registration may be continued, completed and enforced by or against the limited liability partnership 10 any conviction, ruling, order or judgment of any court, tribunal or other authority continuance of conviction, in favour of or against the company may be enforced by or against the limited liability | partnership | ruling, ||-------------|| judgment || existing || agreements |11 every agreement to which the company was a party immediately before the date of registration, whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from that day as if— (a) the limited liability partnership were a party to such an agreement instead of the company; and (6) for any reference to the company, there were substituted in respect of anything to be done on or after the date of registration a reference to the limited liability partnership existing contracts, ete 12 all deeds, contracts, schemes, bonds, agreements, applications, instruments and arrangements subsisting immediately before the date of registration relating to the company or to which the company is a party shall continue in force on and after that date as if they relate to the limited liability partnership and shall be enforceable by or against the limited liability partnership as if the limited liability partnership were named therein or were a party thereto instead of the company continuance 13 every contract of gmployment to which paragraph 1 1 or paragraph 12 applies shall continue in force on or after the date of registration as if the limited liability partnership were of employment the employer thereunder instead of the company 14 (1) every appointment of the company in any role or capacity which is in force immediately before the date of registration shall take effect and operate from that date as if the limited liability partnership were appointed existing appointment, authority or power (2) any authority or power conferred on the company which is in force immediately before the date of registration shall take effect and operate from that date as if it were conferred on the limited liability partnership application of paragraphs 7 to 14 15 the provisions of paragraphs 7 to 14 (both inclusive) shall not apply to any approval, permit or licence issued under any written law to the company which is in force immediately before the date of registration of the limited liability partnership notice of conversion in correspondence 16 (/) the limited liability partnership shall ensure that for a period of twelve months commencing not later than fourteen days after the date of registration, every official correspondence of the limited liability partnership bears the following, namely:— (a) a statement that it was, as from the date of registration, converted from a company to a limited liability partnership; and (2) the name and registration number of the company from which it was converted (2) any limited liability partnership which contravenes the provisions of sub-paragraph (/) shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees and witha further fine which shall not be less than fifty rupees but which may extend to five hundred rupees for every day after the first day after which the default continues the fourth schedule [see section 56] conversion from unlisted public company to limited liability partnershipinterpretation 1 (/) in this schedule, unless the context otherwise requires,— {a) "company" means an unlisted public company; _ (8) "convert", in relation to a company converting to a limited lability partnership, means a transfer of the property, assets, interests, rights, privileges, liabilities, obligations and the undertaking of the company to the limited liability partnership in accordance with the provision of this schedule; (c) "listed company" means a listed company as defined in the sebi (disclosure and investor protection) guidelines, 2000 issued by the securities and exchange board of india under section 11 of the securities of the securities and exchange board of indiaact, 1992 (15 of 1992) (@) "unlisted public company", means a company which is not a listed company amendement of schedule 2 the central government may, by order published in the official gazette, amend, add to or vary the provisions of this schedule 3 () acompany may convert to a limited liability partnership by complying with the requirements as to the conversion set out in this schedule | | conversion | of ||-------------|---------------|-------|| company | to | a || limited | | || liability | | || partnership | | |(2) upon such conversion, the company, its shareholders, the limited liability partnership to which the company has converted and the partners of that limited liability partnership shall be bound by the provisions of this schedule that are applicable to them ekgibility for conversion 4 a company may apply to convert to a limited liability partnership in accordance with this schedule if and only if— (a) there is no security interest in its assets subsisting or in force at the time of application; and (2) the partners of the limited liability partnership to which it converts comprise all the shareholders of the company and no one else statements to be filed 5 a company may apply to convert to a limited liability partnership by filing with the registrar— (a) a statement by all its shareholders in such form and manner to be accompanied by such fees as the central government may prescribe containing the following particulars, namely:— {i the name and registration number of the company; and (ii) the date on which the company was incorporated under the companies act, 1956 (1 of 1956); and (8) incorporation document and statement referred to in section 11 registration 6 on receiving the documents referred to in paragraph 5, the registrar shall subject of conversion to the provisions of this act, and the rules made thereunder, register the documents and issue a certificate of registration in such form as the registrar may determine stating that the limited liability partnership is, on and from the date specified in the certificate, registered under this act 7 (1) nothing in this schedule shall be construed as to require the registrar to registrar may refuse to register, register any limited liability partnership if he is not satisfied with the particulars or other information furnished under the provisions of this act (2) the registrar may, in any particular case, require the documents referred to in paragraph 3 to be verified in such manner as he considers fit effect of 8 on and from the date of registration specified in the notice of registration issued registre""9n under paragraph 4 - (a) there shall be a limited liability partnership by the name specified in the certificate of registration registered under this act; (4) all movable and immovable property vested in the company, all assets, interests, rights, privileges, liabilities, obligations relating to the company and the whole of the undertaking of the company shail be transferred to and shall vest in the limited liability partnership without further assurance, act or deed; and (c) the company shall be deemed to be dissolved and removed from the records of the registrar of companies registration in 9 if any property to which clause (4) of paragraph 8 applies is registered with any relation to authority, the limited liability partnership shall as soon as practicable after the date of property registration, take all necessary steps as required by the relevant authority to notify the authority of the conversion and of the particulars of the limited liability partnership in such medium and form as the authority may determine pending 16 all proceedings by or against the company which are pending in any court or proceedings tribunal or before an authority on the date of registration may be continued, completed and enforced by or against the limited liability partnership continuance 11 any conviction, ruling, order or judgment of any court, tribunal or other authority of conviction, in favour of or against the company may be enforced by or against the limited liability ruling, order partnership or judgment, existing 12, every agreement to which the company was a party immediately before the date agreements of registration, whether or not of such nature that the rights and liabilities thereunder could be assigned, shall have effect as from that day as if - (a) the limited liability partnership: were a party to such an agreement instead of the company; and (4) for any reference to the company, there were substituted in respect of anything to be done on or after the date of registration a reference to the limited liability partnership earsting 13 all deeds, contracts schemes, bonds, agreements, applications, instruments and contracts, ste arrangements subsisting immediately before the date of registration relating to the company uf to which the company is 4 party shall continuc in force on and after that date as if they relate to the limited liabiliny partnership and shall be enforceable by or against the limited lability parmership as ifthe 'imited liavitity partnership were named therein or were a party thereto instead of the company comummance 14, every contract ofempovmen tw parag vaph f° oi paragraph 12 applies s ship were cong! oymen continue in force on ov after the date of registration a: ifthe imited liability parine: mploymens " ~ the ompluyer thereunder instead of the company outing 15 (7) every appointment of the compary or capacity which is in nent immediately before the date of registration shall take effect and operate from that date as if aulotly o1 « one 5 : ° the umited liability partnership were appointed power 2} any authority or power conferred o1 the company which is in force immediately before the date of registration shail take effect and operate from that date as if it were conferred on the hmited lability partnership were appointed appheation of 16 the provisions of paragraphs & to i5 (bo:t inclusive) shall not apply te any paragraphs & to 1s approval, permit or licence issued unde, any writier, law to the company which is ir: force mamediately before the date of registration of the limited liability partnershipnotice of conversion in correspondence17 (1) the limited liability partnership shall ensure that for a period of twelve months cottithencing not later than fourteen days after the date of registration, every official correspondence of the limited liability partnership bears the following: (a) a statement that it was, as from the date of registration, converted from a company to a limited liability partnership; and (6) the name and registration number of the company from which it was converted (2) any limited liability partnership which contravenes the provisions of sub-paragraph (/) shall be punishable with fine which shal} not be less than ten thousand rupees but which may extend to one lakh rupees and with a further fine which shall not be less than fifty rupees but which may extend to five hundred rupees for every day after the first day after which the default continues statement of objects and reasonswith the growth of the indian economy, the role played by its entrepreneurs as well as its technical and professional manpower has been acknowledged internationally it is felt opportune that entrepreneurship, knowledge and risk capital combine to provide a further impetus to india's economic growth in this background, a need has been felt for a new corporate form that would provide an alternative to the traditional partnership, with unlimited personal liability on the one hand, and, the statute-based governance structure of the limited liability company on the other, in order to enable professional! expertise and entrepreneurial initiative to combine, organize and operate in flexible, innovative and efficient manner 2 the limited liability partnership (llp) is viewed as an alternative corporate business vehicle that provides the benefits of limited liability but allows its members the flexibility of organizing their internal structure as a partnership based on a mutually arrived agreement the llp form would enable entrepreneurs, professionals and enterprises providing services of any kind or engaged in scientific and technical disciplines, to form commercially efficient vehicles suited to their requirements owing to flexibility in its structure and operation, the llp would also be a suitable vehicle for small enterprises and for investment by venture capital 3 the salient features of the limited liability partnership bill, 2006, inter alia, are as follows:— (3 the llp shall be a body corporate and a legal entity separate from its partners any two or more persons, associated for carrying on a lawful business with a view to profit, may by subscribing their names to an incorporation document and filing the same with the registrar, form a limited liability partnership the llp will have perpetual succession;: (ii) the mutual rights and duties of partners of an llp inter se and those of the llp and its partners shall be governed by an agreement between partners or between the llp and the partners subject to the provisions of the proposed legislation the bill, if enacted, would provide flexibility to devise the agreement as per their choice in the absence of any such agreement, the mutual rights and duties shall be governed by the provisions of proposed legislation; (iil) the llp will be a separate legal entity, liable to the full extent of its assets, with the liability of the partners being limited to their agreed contribution in the llp which may be of tangible or intangible nature or both tangible and intangible in nature no partner would be [able on account of the independent or un-authorized actions of other partners or their misconduct; (iv) every llp shall have at least wo pormiers and shall also have at least two individuals as designated partners, of whom at least one shail be resident in india the duties and obligations of designated partners shall be as provided in the law; (v) the llp shall be under an obligation io maintain annual accounts reflecting true and fair view of its state af affairs a statement of accounts and solvency shall be filed by every llp with the regisirai every year the accounts of llps shall also be audited, subject to any class of llis being exempted from this requirement by the central government; (vi) the central governinent shall have powers to investigate the affairs of an llp, if required, by appointment of competent inspector for the purpose; (vii) the proposed legisiation would confer pewers on the ceniral gavernment to apply such provisions of the companies act, 1956 to provide, infer alia, for mergers, amalgamations, winding up and dissolutions of llps, as appropriate, by notification with such changes or modifications as deemed necessary however, such notifications shall be laid in draft before each house of parliament for a total period of 30 days and shali be subject to any modification as may be approved by both houses; (viii) the indian partnership act, 1932 shall not be applicable to llps other entities may convert themselves to llp in accordance with provisions of the proposed legislation; (ix) the central government shall have powers to make rules for carrying out the provisions of the proposed legislation 4 the bill seeks to achieve the above objectives new delhi; prem chand gupta the 12th december, 2006clause 2— this clause defines various expressions used in the bil! for the purposes of certainty in the interpretation of the proposed legislation, eg, "foreign limited liability partnership" as limited liability partnership which is formed, registered or incorporated outside india and establishes a place of business in india; 'limited liability partnership' as a partnership formed and registered under the proposed legislation; 'limited liability partnership agreement' as a written agreement between the partners of the limited liability partnership or between the limited liability partnership and its partners which determines the mutual rights and duties of the partners and their rights and duties in relation to such partnership; and 'partner' in relation to limited liability partnership, as any person who has been admitted as a partner in the limited liability partnership in accordance with the limited liability partnership agreement clause 3~ this clause seeks to provide that limited liability partnership (llp) is to be a body corporate having perpetual succession and a legal entity separate from its partners and any change in the partners of such partnership shall not affect its liabilities clause 4- this clause seeks to provide that the provisions of the indian partnership act, 1932 (9 of 1932) shall not apply to an llp clause 5- this clause seeks to provide that an individual or a body corporate may become a partner in an llp and also requirements of obtaining a partner identification number from the central government by every designated partner clause 6 ~ this clause seeks to provide that an llp shall consist of at least two partners and also provides that in a situation where the number of partners is reduced to one and such llp carries on business with such sole partner for more than six months and then such partner, if having knowledge of such a situation, shall be liable personaby for the obligations of the llp clause 7- this clause seeks to provide that an llp shall have at least two designated partners who shall be individuals and at least one of them shall be resident in india particulars of every designated partner who agrees to act as such shall be filed with registrar it also seeks to empower central government to make rules for prescribing conditions and requirements for an individual to be a designated partner clause 8— this clause seeks to provide for the manner in which an individual can become a designated partner and also provides for the procedure and time period for filling up of a vacancy of a designated partner if no designated partner is appointed, or if at ary time there is only one designated partner, each partner of the llp shall be deemed to be a designated partner clause 9— this clause seeks to provide for the obligation of an llp to appoint an individual (resident of india) as a designated partner, within thirty days, and liabilities and duties of the designated partner who shall be ~ (a) answerable for the doing of all acts, matters and things as are required to be done by the llp in respect of compliance of the provisions of this bill including filing of any document, return, statement and the like report pursuant to the provisions of this bill and as may be specified in the llp agreement; and (b) liable to all penalties imposed on the llp for any contravention of those provisions clause 10— this clause seeks to provide that if the llp fails to appoint designated partners under sub-clause (1) of clause 7 of the bill, then the llp and its every partner shall be punishable with fine which shall not be less than ten thousand rupees but which may extend to five lakh rupees the clause also seeks to provide that if an llp does not meet other requirements provided in clauses 7, 8 and 9 in relation to designated partners, the llp and its every partner shall be punishable with fine which shall not be less than ten thousand rupees and may extend to one lakh rupees clause 11- this clause seeks to provide for manner of filing of incorporation document and other statement of llp with registrar and also the contents and form of the incorporation document it also seeks to provide for penalties for making statement by any person, knowing it to be false, or not believing it to be true, which shall not be less than ten thousand rupees and may extend to five lakh rupees and also for imprisonment for a term which may extend to two years clause 12— this clause seeks to provide for registration of incorporation document of llp and issue of a certificate of its incorporation by the registrar clause 13- this clause seeks to provide that every llp shall have a registered office to which all communications will be made and received it also seeks to provide for mode of serving the documents to llp and intimating the change of the address of the registered office in the prescribed manner to the registrar this clause further seeks to provide for penalties of not less than two thousand rupees which may extend to twenty five thousand rupees in case the llp contravenes the provisions of this clause clause 14— this clause seeks to provide that llp shall be a body corporate and can sue and be sued, acquire, own, hold and develop or dispose of property and have a common seal clause 15— this clause seeks to provide an obligation on every llp to suffix "limited liability partnership" or "llp" with its name the clause also seeks to provide that no llp shall be registered with an undesirable name or a name which is identical or nearly resembles to that of any other partnership firm or an llp or a body corporate or a registered trade mark or a trade mark the application of which is pending clause 16~ this clause seeks to provide for making of an application for reservation of proposed name of the llp or change of its existing name to the registrar who may reserve the name for a period of three months it also seeks to empower the central government to make rules regarding form, manner and fees payable on such application the clause further seeks to empower the central: government to frame rules which may be followed by registrars while reserving names of llps clause 17— this clause seeks to empower the central government to give direction to the llp to rectify its name ifthe name registered is undesirable or so nearly resembles the name of any other llp or body corporate or other name as to be likely to be mistaken for it it seeks to provide for imposition of a fine of not less than ten thousand rupees but which may extend to five lakh rupees in case the llp fails to comply with such direction clause 18— this clause secks to provide for an application to be made by an llp to the registrar in case another llp has been tncorporated with the same name subsequently, for giving a direction to the llp (subsequently registered) to change its name a petiod of twenty-four months has been provided within which the former llp will have to make an application to the registrar clause 19- the clause seeks ta provide that an llp may change its name by filing with the registrar a notice of such change in such form, and manner and on payment of fee as may be prescribed by the rules, clause 20~ this clause seeks to provide for imposition of a fine which may extend to five lakh rupees in case any person carries on business using the words "limited liability partnership" or "llp" without getting incorporated as llp, clause 21— this clause seeks to provide that every llp shall ensure that its invoices and official correspondence bear the name, address and registration number of the llp and the statement that it is registered with limited liability it also seeks to provide for imposition of a fine of not less than two thousand rupees but which may extend to twenty five thousand rupees in case the llp contravenes these provisions clause 22- this clause seeks to provide that the persons who subscribe their names to the incorporation document shalt be partners of llp and any other person may also become partner of the llp in accordance with its agreement clause 23— this clause seeks to provide that the mutual rights and duties of the partners of the llp inter-se and that of the llp and its partners shal! be governed by the llp agreement and in absence of any such agreement, such mutual rights and duties shall be determined as set out in the first schedule of the bill it also seeks to empower the central government to prescribe, by rules, the form, manner and fees for filing the llp agreement and informing changes therein this clause further seeks to provide that any agreement, made before the incorporation of llp, between the partners who subscribe their names to the incorporation document may impose obligation on llp, if ratified by all the partners after its incorporation, : clause 24- this clause seeks to provide for the circumstances under which a person may cease to be a partner of an llp and for his obligation to the llp or to the other partners or to other persons incurred during the period when he was partner of the llp it also seeks to provide that a former partner or a person entitled to his share in case of death or insolvency of former partner shall not have any right to interfere in the management of the llp clause 25— this clause seeks to provide for the requirement and the procedure for filing notice about changes in the name and addresses of partners of the llp to the registrar it also seeks to provide for imposition of a fine of not less than two thousand tupees but which may extend to twenty five thousand rupees in case the llp fails to intimate such changes to the registrar clause 26— this clause seeks to provide that every partner of the llp is agent of the llp but not of other partners clause 27- this clause seeks to provide that the llp shall not be bound by anything done by a partner in dealing with a person if that partner has no authority to act for llp in doing a particular act and the person with whom he is dealing also knows that the partner has no authority for such act and to provide that an obligation of llp, whether arising out of contract or otherwise will solely be the obligation of llp it also seeks to provide that liabilities of llp are to be met from the property of llp it further seeks to provide that llp shall be liable for a wrongful act or omission by a partner in the course of the business of the llp or with its authority it further seeks to provide that the obligation of an llp shail not affect the personal liability of a partner for his own wrongful act or omission but a partner shall not be personally liable for wrongful act or omission of any other partner clause 28— this clause seeks to provide that the partner is not personally liable directly or indirectly for an obligation of llp solely by reason of his being a partner of the llp chtuse 29— this clause seeks to provide for unlimited liability of the llp and its partners in case llp or any of its partners carry out an act with intent to defraud creditors of the llp or any other person or if they carry out an act for any fraudulent purpose the clause further seeks to provide that in case any such act is carried out by a partner, the li p is liable to the same extent as the partner unless it is established by the llp that such act was without the knowledge or the authority of the llp this clause further seeks to provide that any person who knowingly carries such act shall be punishable with imprisonment for a term which may extend to two years and with fine which shall not be less than fifty thousand rupees but which may extend to five lakh rupeesclause 30— this clause seeks to provide that the court or tribunal may reduce or waive any penalty leviable against any partner or employee of an llp in case such partner or employee has provided useful information during investigation of such llp for finding out the offence the clause further seeks to provide that no such partner or employee shall be discharged, demoted, suspended, threatened, harassed or in any other manner discriminated merely because of his providing information to the court or tribunal clause 31- this clause seeks to provide various kinds in which contributions may be made by partners of an llp and the manner in which such contributions shail be valued and disclosed in the accounts of the llp clause 32~ this clause seeks to provide that obligation of a partner to make contribution shall be as per the llp agreement the clause further seeks to provide that a creditor of an llp may enforce the original obligation against any partner of the llp without notice of any subsequent compromise between partners clause 33— this clause seeks to provide for requirement relating to maintenance of proper books of accounts by the llp relating to its affairs for each year and for filing of an annua! statement of accounts and solvency with the registrar in such form and manner as may be prescribed this clause seeks to empower the central government to prescribe rules for the manner in which the accounts of llps shall be audited it also seeks to empower the central government to grant exemption to any class or classes of llps from this requirement it also seeks to provide for imposition ofa fine of not less than one lakh rupees but which may extend to five lakh rupees for llp and ofa fine of not less than ten thousand rupees but which may extend to one lakh rupees for designated partner of llp, in case the llp fails to comply with these provisions clause 34 this clause seeks to provide that every llp shall be required to file with the registrar an annual return every year it also seeks to empower the central government to specify, by rules, the contents of such annual return the clause also seeks to provide that any llp which fails to comply with these provisions shall be punishable with fine which shall not be tess than ong lakh rupees but which may extend to five lakh rupees and the designated partner of such llp shali be punishable with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees clause 35- this clause seeks to provide that the statement of accounts and solvency and annual return filed by each llp with the registrar shall be available for inspection in the office of the registrar by the public it also seeks to empower the central government to prescribe by rules, the manner and amount of fees for such inspection clause 36— this clause seeks to provide that if any person makes any statement in any return, statement or other document under this bill which is false in any material particular, or which omits any material fact, knowingly, he shall be punishable with imprisonment for a term which may extend to two years and shall also be liable to fine which may extend to five lakh rupees but which shall not be less than one lakh rupees clause 37— this clause seeks to empower the registrar to call for information from any present or former partner or designated partner or employee of the llp or to summon them before him for the purpose of carrying out the provisions of this bill the clause seeks to provide that any person who, without lawful excuse, fails to comply with any summons or requisition of the registrar under this clause shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty-five thousand rupees clause 38— this clause seeks to provide for empowering the central government to compound any offence under this bill which is punishable with fine by collecting a sum not exceeding the amount of maximum fine prescribed for such offenceclause 39— this clause seeks to empower the central government to prescribe by rules the manner in which the registrar may destroy any document filed or registered with him by the llps clause 40— this clause seeks to provide that in case any llp is in default in complying with the provisions relating to filing with the registrar of any return, account or other document or giving of any notice to him, the registrar may make an application before the tribunal for making an order for directions in order to make good the default within a time frame clause 41— this clause seeks to provide that the rights of a partner to a share of the profits and losses of the llp and to receive distributions shall be transferable in accordance with the llp agreement and such transfer shall not by itself cause the dis@ssociation of the partner or a dissolution and winding up of the llp the clause further seeks to provide that such transfer would not entitle the transferee to participate in the management of the llp : clause 42~ this clause seeks to provide the circumstances under which investigation of the affairs of an llp may be ordered and the inspectors appointed by the central government to carry out such investigation clause 43— this clause seeks to provide that an application by partners of the llp for investigation of the llp shall be supported by such evidence as the tribunal may require and that the central government may require the applicants to give security of such amount as may be prescribed for payment of the costs of the investigation clause 44- this clause seeks to prohibit a firm, body corporate or other association to be appointed as an inspector clause 45~ this clause seeks to provide that the inspector appointed by the central government to investigate the affairs of the llp under this bill may carry out investigation into the affairs of other entities associated with the llp in the past or present or of partner or designated partner, after seeking prior approval of the central government clause 46— this clause seeks to provide the duty of the designated partner and partners of the llp to preserve and produce all books, papers relating to the llp before inspector and otherwise give all assistance to the inspector for investigation this clause also seeks to empower the inspector to examine such persons on oath this clause further seeks to provide that if any person fails without reasonable cause or refuses to produce before an inspector any book or paper or furnish any relevant information or to appear before the inspector personally when required to do or to answer any question which is put to him by the inspector under this clause or to sign the notes of any examination, he shall be punishable with fine which shall not be less than two thousand rupees but which may extend to twenty five thousand rupees and with a further fine which shall not be less than fifty rupees but which may extend to five hundred rupees for every day after the first day afler which the default continues clause 47— this clause seeks to empower the inspector appointed by the central government under this bill to investigate the affairs of an llp, to enter the place where books and papers kept, search and seize the documents or books or papers relating to llp, after seeking permission from the judicial magistrate first class or metropolitan magistrate in this regard, if he has reasonable cause that the partner of such llp or other entity may destroy, mutilate, alter, falsify or secret the documents the clause also seeks to empower inspector to keep such books and papers in his custody for a period not exceeding six months for investigation and return the same, after needful is done, to the concerned entity or person and inform the magistrate of such return clause 48 -- this clause seeks to provide that an inspector investigating an llp may, and if so directed by the central government, shall make interim reports to that government in relation to an investigation carried out by him it further seeks to provide that on conclusion of the investigation, a final report shall be made to central government by the inspector this clause further seeks to provide that the central government shall forward a copy of the report other than interim report to the concerned llp or related entity or persons a copy of such report may also be furnished to any person or entity related to or affected by the report on the request and on payment of prescribed fee clause 49— this clause seeks to provide that if, from the inspectors report, it appears to the central government that any person in relation to llp or any other entity being investigated has been guilty of any offence for which he is liable, the central government may prosecute such person for the offence the clause further seeks to provide that it shall be the duty of all partners, designated partners and other employees and agents of the llp to give the central government all assistance in connection with such prosecution clause 50~ this clause seeks to provide that if any such llp is liable to be wound up under this bill or any other law and it appears to the central government from report made by an inspector under clause 48 that it is expedient to do sa by reason that the business of the llp is being conducted with an intent to defraud its creditors, partners or any other person, or otherwise for a fraudulent or unlawful purpose, or ina manner oppressive or unfairly prejudicial to some or any of its partners, or that the llp was formed for any fraudulent or unlawful'purpose; or that any of the partners of the llp has been guilty of fraud, misfeasance or other misconduct towards the llp or towards its other partners, the central government may, cause to be presented to the tribunal by any person authorized by it, a petition for the winding up of the llp on the just and equitable grounds clause 51— this clause seeks to provide that if from any report of inspector, it appears to the central government that proceedings ought, in the public interest, to be brought by the llp or any entity whose affairs have been investigated for the recovery of damages in respect of any fraud, misfeasance or other misconduct in connection with the promotion or formation, or the management of the affairs, of such llp or such other entity or for the recovery of any property of such llp or such other entity, which has been misapplied or wrongfully retained, the central government may itself bring proceedings for that purpose clause 52— this clause seeks to provide about the manner in which the expenses of an investigation by an inspector appointed by the central government under this bill shall be defrayed and reimbursed the clause also seeks to provide that any amount for which an llp or other entity is liable, shall be a first charge on the sums or property recovered by such llp or other entity during investigation the clause further seeks to provide that the amount of expenses in respect of which any llp, other entity, a partner or designated partner or any other person is liable to reimburse the central government shall be recoverable as an arrear of land revenue the clause further seeks to provide that any costs or expenses incurred by the central government or in connection with proceedings for recovery of damages or property brought by virtue of this bill shall be treated as expenses of the investigation clause 53— this clause seeks to provide that a copy of any report of any inspector appointed under this bill, authenticated in a manner as may be prescribed by rules, shall be admissible in any legal proceeding as evidence of the opinion of the inspector or inspectors in relation to any matter contained in the report clause 54- this clause seeks to provide that provisions contained in the second schedule shall apply at the time of conversion of a firm to an llp clause 55-- this clause seeks to provide that provisions contained in third schedule shall apply at the time of conversion of a private limited company to an llpclause 56— this clause seeks to provide that provisions contained in the fourth schedule shall apply at the time of conversion of an unlisted public company to an llp clause 57— this clause seeks to empowér the central government to make rules for provisions in relation to establishment of place of business by foreign llp within india and carrying on their business therein by applying or incorporating, with such modifications, as appear appropriate, the provisions of the companies act, 1956 the clause further seeks to state that in all other respect the provisions of this bill shali apply clause 58— this clause seeks to empower the central government to make rules with regard to compromise, arrangement or reconstruction of the llps clause 59— this clause seeks to provide that the winding up of an llp may be either voluntary or by the tribunal clause 60— this clause seeks to specify the circumstances in which an llp may be wound up by the tribunal clause 61— this clause seeks to empower the central government to make rules for provisions in relation to winding up and dissolution of llps clause 62— this clause seeks to provide that a partner may lend money to and transact other business with the llp and that he shall have the same rights and obligations with respect to the loan or other transactions as a person who is not a partner clause 63— this clause seeks to empower the central government, to direct, by notification in the official gazette, that any of the provisions of the companies act, 1956 shall apply to any llp or shall apply to any llp with such exception, modification and adaptation as may be specified in the notification the clause further seeks to provide that such notification shall be laid in draft before each house of parliament for a total period of thirty days and shall be subject to modification as may be approved by both the houses clause 64 this clause seeks to provide that any document required to be filed, recorded or registered under this bill may be filed, recorded or registered in a manner and as per such conditions as may be prescribed by rules by the central government clause 65— this clause seeks to provide that, ifany document or return required to be filed or registered under this bill with the registrar, is not filed or registered in time, then without prejudice to any other action or liability under this bill, such document or return may be filed or registered with the registrar on payment of a default fee of five hundred rupees for every day of such delay clause 66— this clause seeks to provide that other laws are also applicable to the llp in addition to the provisions of this bill and their application is not barred clause 67— this clause seeks to provide that the tribunal shall discharge such powers and functions as are, or may be, conferred on it by or under this bill or any other law for the time being in force the clause also seeks to allow filing of appeal to the appellate tribunal by any person who is aggrieved by an order or decision of tribunal clause 68— this clause seeks to provide that any person guilty of an offence under this bill for which no punishment is expressly provided shali be liable to a fine which may extend to five lakh rupees and with a further fine which may extend to fiity rupees for every day after the first day after which the default continues clause 69 - this clause seeks to provide that where the registrar has reasonable cause to believe that an llp is not carrying on business or its operation, the name of llp may be struck off from the register of llps the clause seeks to empower the central government to-prescribe, by rules, the manner and procedure which shall be followed for such striking off of name of any llp by the registrarclause 70— this clause seeks to provide that where an offence under this bill committed by an llp is proved to have been committed with the consent or connivance ofa partner(s) or designated partner(s) of the llp or is attributable to any neglect on the part of the partner(s) or designated partner (s) of that llp, the partner(s) or designated partner(s) of the llp as well as that llp shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly clause 7\— this clause seeks to provide that notwithstanding any provision to the contrary in any act, the judicial magistrate of the first class or the metropolitan magistrate shall have jurisdiction to try any offence under this bill and shall have power to impose punishment in respect of the offence clause 72— this clause seeks to confer upon the central government the power to make rules for carrying out the provisions of this bill, the clause seeks to enumerate the various matters in respect of which such rules may be made the clause further seeks to provide that every rule or orders made under this bill are required to be laid before both the houses of parliament clause 73— this clause seeksto confer power upon the central government to make provision, by order published in the official gazette, to remove difficulties which may arise in giving effect to the provisions of this bill and such order to be issued only within a period of two years from the date of the commencement of this bill the clause seeks to provide that the orders made under this clause shall be required to be laid before both the houses of parliamentsub-clause (c) of clause 2 of the bill confers power upon the central government to specify, by notification in the official gazette, any other body corporate (not being a company as defined in section 3 of the companies act, 1956 or an llp as defined in the proposed legislation) not to be included in the definition of 'body corporate' 2 clause 63 of the bill confers power upon the central government to give directions, by notification in the official gazette, that any of the provisions of the companies act, 1956 shal! apply to any llp or shall apply to any llp with such exception, modification and adaptation as may be specified in the notification 3 clause 72 of the bill confers power upon the central government to make rules for carrying out the purposes of the bill the matters in respect of which rules may be made relate, inter-alia, to provide for form and manner of filing of the particulars of every individual agreeing to act as designated partner of llp under sub-clause (3) of clause 7; conditions and requirements for appointment of an individual as designated partner under sub-clause (4) of clause 7; manner of filing the incorporation document and payment of fees payable thereof with the registrar under of sub-clause (/) (6) of clause 11; form of statement to be filed under sub-clause (/)(c) of clause 11; form of incorporation document under sub-clause (2)(a) of clause 11; other information to be contained in the incorporation document under sub-ciause (2)(g) of clause 11; mode of serving the documents on a llp under sub-clause (2) of clause 13; the form and manner of notice to the registrar under sub-clause (3) of clause 13; the manner of application and amount of fee payable to the registrar under sub-clause (/) of clause 16; the manner in which names will be reserved by registrar under sub-clause (2) of clause 16 prescribes; manner in which an application may be made for change of name under sub-clause (7) of clause 18, form and manner of notice of change of name of llp and the amount of fees payable under clause 19; contents of llp agreement and the form manner and payment of fees thereof at the time of filing of such agreement under sub-clause (2) of clause 23; form of notice, the amount of fees payable and the manner of authentication of the statement under sub-clauses (2) (a), (6) and (c) of clause 25; manner of accounting and disclosure of monetary value of contribution of a partner under sub-clause (2) of clause 31; books of account and the period of their maintenance under sub-clause (/) of clause 33; form and manner of filing of statement of account and solvency under sub-clause (3) of clause 33, the manner in which the accounts of a llp shall be audited under sub-clause (4) of clause 33; form and manner of filing of annual return under sub-clause (/) of clause 34; manner and amount of fees payable for inspection of statement of accounts and solvency and annual return under clause 35; destruction of documents by registrar under clause 39; regarding the amount required as security under sub-clause (3)(a) of clause 42; the amount of security to be given under clause 43; fees payable for furnishing a copy under sub-clause (2) (4) of clause 48; manner of authentication of report of inspector under clause 53; provisions in relation to establishment of place of business by foreign llp within india under clause 57; compromise, arrangement or reconstruction of llps under clause 58; winding up and dissolution of llps under clause 6!; manner and conditions for filing a document electronically under clause 64; manner and procedure for striking off the names of llps from the register of llp by the registrar under clause 69; form, manner and amount of fee payable on the statement under sub-paragraph (a) of paragraph 4 of the second schedule; form of certificate of registration under paragraph 5 of the third schedule; form, manner and amount of fee payable on the statement under sub-paragraph (a) of paragraph 5 of the fourth schedule; any other matter which is to be, or may be, prescribed in respect of which provision is to be, or may be, made by rules 4 sub-paragraph (3) of paragraph | of the second schedule of the bill confers power upon the central government to amend, add to or vary the provisions of that schedule, by order published in the official gazette 5 paragraph 2 of the third schedule of the bill confers power upon the central government to amend, add to or vary the provisions of that schedule, by order published in the official gazette 6 paragraph 2 of fourth schedule of the bill confers power upon the central government to amend, add to or vary the provisions of that schedule, by order published in the official gazette 7 the notification issued under sub clause (/) of clause 63 and rules made under sub-clause (2) of clause 72; and orders issued under sub-clause (/) of clause 73; under sub-para (3) of para 1 of second schedule; under para 2 of third schedule and para 2 of fourth schedule shall be laid before each house of parliament 8 the matters in respect of which notifications or order may be issued and the rules may be made are generally matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character a billta make provisions for the formation and regulation of limited liability partnerships and for maters connected therewith or incidental thereto (shri prem chand gupta, minister of company affairs) mgipmrnd—4356rs(s-5}—14 the limited liability partnership bill, 2006 arrangement of clausesclauses chapter i preliminary1 short title, extent and commencement 2 definitions chapter ie applicabilitylimited iiability partnership non-applicability of the indian partnership act, 1932 partners and their identification number minimum number of partners minimum number of designated partners designated partners w changes in designated partners and their liabilities 10 punishment for contravention of sections 7, 8 and 9 chapter iit incorporation11 incorporation document 12 incorporation by registration 13 registered office 14 effect of incorporation 15 name 16 reservation of name 17 rectification of name of a limited liability partnership 18, application for direction to change a name in certain circumstances 19 change of registered name 20 penalty for improper use of word "limited liability partnership" or "llp" 21 - publication of name and limited liability chapter iv partners and their relationseligibility to be partners relationship of partners cessation of partnership interest registration of changes in partners clauses extent and limitation of liability26 partner as agent, 27 extent of liability of limited liability partnership 28 extent of liability of a partner 29, unlimited liability in case of fraud 30, whistle blowing chapter vi contributions31 form of contribution liability for contribution 32 chapter vii financial disclosures33 maintenance of books of account, other records and audit, etc annual return, inspection of documents kept by registrar 35 penalty for false statement 36 37 power of registrar to obtain information compounding of offences 38 destruction of old records 39 enforcement of duty to make returms chapter viii assignment and transfer of partnership rightspartner's transferable interest 4 chapter ix investigationinvestigation of the affairs of a limited liability partnership 42 application by partners for investigation to be supported by evidence and power to 43 all for security firm, body corporate or association not to be appointed as inspector power of inspectors to carry out investigation into affairs of related entitles, etc 45 production of documents and evidence 47 seizure of documents by inspector inspector's report 49 prosecution application for winding up of limited liability partnership 56 sa proceeding for recovery of damages or property expenses of investigation 52 inspector's report to be evidence chapter x conversion to limited liability partnership54 conversion from firm to limited liability partnership 55 conversion from private company to limited liability partnership 56 conversion from unlisted public company to limited liability partnership chapter xi foreign limited liability partnership57, foreign limited liability partnership, chapter xii compromise, arrangement or reconstruction of limited liablity partnerships58 compromise, arrangement or reconstruction of limited liability partnerships chapter xh winding up and dissolution59 | winding up 60 circumstances in which limited liability partnership may be wound up by tribunal 61 rules for winding up chapter xiv miscellaneous62 business transactions of partner with limited liability partnership 63 application of company law, 64 electronic filing of documents 65 payment of default fee 66 application of othes laws not barred 67 jurisdiction of tribunal and appellate tribunal 68 general penalties 69 power of registrar to strike defunct limited liability parmership off register 1% offences by limited liability partnerships 71 jurisdiction of the court 72, power to make rules 73 power to remove difficulties the first sechedule the second schedule the third schedule, the fourth schedule

Parliament_bills

aef114a8-8843-54ea-b6a5-a619bc706d90

bill no liv of 2008 the post-graduate institute of medical education and research, chandigarh (amendment) bill, 2008 a billfurther to amend the post-graduate institute of medical education and research, chandigarh, act, 1966be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the post-graduate institute of medical education and research, chandigarh (amendment) act, 2008short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointsubstitution of new section for section 2351 of 19662 in the post-graduate institute of medical education and research, chandigarh, act, 1966 (hereinafter referred to as the principal act), for section 23, the following section shall be substituted, namely:—" 23 notwithstanding anything contained in any other law for the time being in force, the institute shall have power to grant medical, dental or nursing degrees, diplomas and other academic distinctions and titles under this act"grant of medical, dental or nursing degrees, diplomas, etc, by the institute3 for section 24 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 24102 of 1956 16 of 1948 48 of 1947"24 notwithstanding anything contained in the indian medical council act,1956, the dentists act, 1948 and the indian nursing council act, 1947, the medical dental or nursing degrees or diplomas, as the case may be, granted by the institute under this act shall be recognised—recognition of medical, dental and nursing qualifications granted by the institute(a) medical qualifications for the purpose of the indian medical council act, 1956 and shall be deemed to be included in the first schedule to that act;(b) dental qualifications for the purpose of the dentists act, 1948 and shall be deemed to be included in the schedule to that act; and(c) nursing qualifications for the purpose of the indian nursing council act, 1947 and shall be deemed to be included in the schedule to that act" statement of objects and reasonsthe post-graduate institute of medical education and research, chandigarh was established as an autonomous body by an act of parliament (act 51 of 1966) the institute has been awarding medical degrees and diplomas which are recognised medical qualifications section 13 of the said act provides that the post-graduate institute of medical education and research, chandigarh may establish and maintain dental college as well as a nursing college however, sections 23 and 24 of the act presently recognise only the medical degrees and diplomas granted by the institute as medical qualifications for the purposes of the indian medical council act, 1956 and the dental and nursing degrees and diplomas are not so recognised therefore, there is a need to amend the post-graduate institute of medical education and research, chandigarh, act, 1966 so that the dental and nursing qualifications are also recognised for the purposes of the dentists act, 1948 and the indian nursing council act, 1947, respectively2 the bill seeks to achieve the above objectsnew delhi;anbumani ramadossthe 17th october, 2008 annexure extracts from the post-graduate institute of medical education and research, chandigarh, act, 1966 no 51 of 1966| | | | | ||------|------|------|------|-----|23 notwithstanding anything contained in any other law for the time being in force, the institute shall have power to grant medical degrees, diplomas and other academic distinctions and titles under this actgrant of medical degrees, diplomas, etc, by institute102 of 195624 notwithstanding anything contained in the indian medical council act, 1956, themedical degrees and diplomas granted by the institute under this act shall be recognised medical qualifications for the purposes of that act and shall be deemed to be included in the first schedule to that actrecognition of medical qualifications granted by institute rajya sabha———— a billfurther to amend the post-graduate institute of medical education and research, chandigarh, act, 1966————(dr anbumani ramadoss, minister of health & family welfare)gmgipmrnd—3652rs(s-5)—23102008

Parliament_bills

1eea5616-774f-5895-8356-b3671bd34a1d

bill no xviii of 2015 the indian penal code (amendment) bill, 2015 a billfurther to amend the indian penal code, 1860be it enacted by parliament in the sixty-sixth year of the republic of india as follows:— 1 (1) this act may be called the indian penal code (amendment) bill, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointamendment of section 500 of act 45 of 1860"provided that any person who defames mohandas karamchand gandhi known as mahatma gandhi and referred to, with great reverence, as "the father of the nation", shall also be punished with imprisonment which may extend upto two years or with fine or with both" statement of objects and reasonsmahatma gandhi was a leader acclaimed throughout the world as messiah of peaceinternational figures like nelson mandela and barack obama have publicly expressed the relevance of mahatma in today's worldindia would not have been a free country, had it not been for the political leaders in our country who worked under the leadership of mohandas karamchand gandhi, known as mahatma gandhi and referred to as, with great reverence as "father of the nation" however, unfortunately, there is tendency growing in some sections of our society to demean the personality, philosophy and preaching of mahatma gandhi, since their views differ from the views of gandhijiin recent times, mahatma gandhi is being defamed by certain political leaders and others by using defamatory language some persons leave no opportunity to denigrate bapuji in unacceptable language which smacks of devoid of patriotismwhen we mention with great respect and recognition the role gandhi in freedom movement and say de di hame aazadi bina khadag bina dhal sabarmati ke sant tune kar diya kamaal aandhi me bhi jalti rahi gandhi teri mashaal sabarmati ke sant tune kar diya kamaal", we have also to respect the feelings of millions of indiansit will, therefore, be in the fitness of things that those who defame gandhiji are to be severely punishedhence, this billshantaram naik rajya sabha———— a billfurther to amend the indian penal code, 1860————(shri shantaram naik, mp)gmgipmrnd—571rs(s3)—27-04-2015

Parliament_bills

7526770c-c590-5475-8d4c-33b228ffb1a1

bill no 107 of 2009 the constitution (one hundred and eleventh amendment) bill, 2009 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixtieth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the constitution (one hundred and eleventh amendment)act, 2009(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in part iv of the constitution, after article 43a, the following article shall be inserted, namely:—insertion of new article 43bpromotion of co-operative societies"43b the state shall endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of co-operative societies"3 after part ixa of the constitution, the following part shall be inserted, namely:—insertion of new part ixb 'part ixb the co-operative societies243zh in this part, unless the context otherwise requires,—definitions(a) "authorised person" means a person referred to as such in article243zq;(b) "board" means the board of directors or the governing body of a co-operative society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to;(c) "co-operative society" means 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;(d) "multi-state co-operative society" means a society with objects not confined to one state and registered or deemed to be registered under any law for the time being in force relating to such co-operatives;(e) "office bearer" means a president, vice-president, chairperson, vice-chairperson, secretary or treasurer of a co-operative society and includes any other person to be elected by the board of any co-operative society;(f) "registrar" means the central registrar appointed by the central government in relation to the multi-state co-operative societies and the registrar for co-operative societies appointed by the state government under the law made by the legislature of a state in relation to co-operative societies;(g) "state act" means any law made by the legislature of a state; (h) "state level co-operative society" means a co-operative society having its area of operation extending to the whole of a state and defined as such in any law made by the legislature of a stateincorporation of cooperative societies243zi subject to the provisions of this part, the legislature of a state may, by law, make provisions with respect to the incorporation, regulation and winding up of co-operative societies based on the principles of voluntary formation, democratic member-control, member-economic participation and autonomous functioning243zj (1) the board shall consist of such number of directors as may be provided by the legislature of a state, by law:number and term of members of board and its office bearersprovided that the maximum number of directors of a co-operative society shall not exceed twenty-one:provided further that the legislature of a state shall, by law, provide for the reservation of one seat for the scheduled castes or the scheduled tribes and two seats for women on board of every co-operative society consisting of individuals as members and having members from such class or category of persons(2) the term of office of elected members of the board and its office bearers shall be five years from the date of election and the term of office bearers shall be coterminous with the term of the board:provided that the board may fill a casual vacancy on the board by nomination out of the same class of members in respect of which the casual vacancy has arisen, if the term of office of the board is less than half of its original term(3) the legislature of a state shall, by law, make provisions for co-option of persons to be members of the board having experience in the field of banking, management, finance or specialisation in any other field relating to the objects and activities undertaken by the co-operative soceity as members of the board of such society:provided that the number of such co-opted members shall not exceed two in addition to twenty-one directors specified in the proviso to clause (1):provided further that such co-opted members shall not have the right to vote in any election of the co-operative society in their capacity as such member or to be eligible to be elected as office bearers of the board:provided also that the functional directors of a co-operative society shall also be the members of the board and such members shall be excluded for the purpose of counting the total number of directors specified in first proviso of clause (1) of this articleelection of members of board243zk (1) notwithstanding anything contained in any law made by the legislature of a state, the election of a board shall be conducted before the expiry of the term of the board so as to ensure that the newly elected members of the board assumes office immediately on the expiry of the term of the office of members of the outgoing board(2) the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to a co-operative society shall vest in such an authority or body, as may be provided by the legislature of a state, by law:provided that the legislature of a state may, by law, provide for the procedure and guidelines for the conduct of such elections243zl (1) notwithstanding anything contained in any law for the time being in force, no board shall be superseded or kept under suspension for a period exceeding six months:provided that the board may be superseded or kept under suspension in case—supersession and suspension of board and interim management(i) of its persistent default; or (ii) of negligence in the performance of its duties; or (iii) the board has committed any act prejudicial to the interests of the cooperative society or its members; or(iv) there is a stalemate in the constitution or functions of the board; or (v) the authority or body as provided by the legislature of the state, by law, under clause (2) of article 243zk, has failed to conduct elections in accordance with the provisions of the state act: provided further that the board of any such co-operative society shall not be superseded or kept under suspension where there is no government shareholding or loan or financial assistance or any guarantee by the government:provided also that in case of a co-operative society carrying on the business of banking, the provisions of the banking regulation act, 1949 shall also apply:10 of 1949provided also that in case of a co-operative society, other than a multi-state co-operative society, carrying on the business of banking, the provisions of this clause shall have the effect as if for the words "six months", the words "one year" had been substituted(2) in case of supersession of a board, the administrator appointed to manage the affairs of such co-operative society shall arrange for conduct of elections within the period specified in clause (1) and handover the management to the elected board(3) the legislature of a state may, by law, make provisions for the conditions of service of the administrator243zm (1) the legislature of a state may, by law, make provisions with respect to the maintenance of accounts by the co-operative societies and the auditing of such accounts at least once in each financial yearaudit of accounts of cooperative societies(2) the legislature of a state shall, by law, lay down the minimum qualifications and experience of auditors and auditing firms that shall be eligible for auditing accounts of the co-operative societies(3) every co-operative society shall cause to be audited by an auditor or auditing firms referred to in clause (2) appointed by the general body of the co-operative society:provided that such auditors or auditing firms shall be appointed from a panel approved by a state government or an authority authorised by the state government in this behalf(4) the accounts of every co-operative society shall be audited within six months of the close of the financial year to which such accounts relate(5) the audit report of the accounts of an apex co-operative society, as may be defined by the state act, shall be laid before the state legislature in the manner, as may be provided by the state legislature, by lawconvening of general body meetings243zn the legislature of a state may, by law, make provisions that the annual general body meeting of every co-operative society shall be convened within a period of six months of close of the financial year to transact the business as may be provided in such lawright of a member to get information243zo (1) the legislature of a state may, by law, provide for access to every member of a co-operative society to the books, information and accounts of the co-operative society kept in regular transaction of its business with such member(2) the legislature of a state may, by law, make provisions to ensure the participation of members in the management of the co-operative society providing minimum requirement of attending meetings by the members and utilising the minimum level of services as may be provided in such law(3) the legislature of a state may, by law, provide for co-operative education and training for its membersreturns243zp every co-operative society shall file returns, within six months of theclose of every financial year, to the authority designated by the state governmentincluding the following, namely:—(a) annual report of its activities; (b) its audited statement of accounts; (c) plan for surplus disposal as approved by the general body of the co-operative society;(d) list of amendments to the bye-laws of the co-operative society, if any; (e) declaration regarding date of holding of its general body meeting and conduct of elections when due; and(f) any other information required by the registrar in pursuance of any of the provisions of the state actoffences and penalties243zq (1) the legislature of a state may, by law, make provisions for the offences relating to the co-operative societies and penalties for such offences(2) a law made by the legislature of a state under clause (1) shall include the commission of the following act or omission as offences, namely:—(a) a co-operative society or an officer or member thereof wilfully makes a false return or furnishes false information, or any person wilfully not furnishes any information required from him by a person authorised in this behalf under the provisions of the state act;(b) any person wilfully or without any reasonable excuse disobeys any summons, requisition or lawful written order issued under the provisions of the state act;(c) any employer who, without sufficient cause, fails to pay to a cooperative society amount deducted by him from its employee within a period of fourteen days from the date on which such deduction is made;(d) any officer or custodian who wilfully fails to hand over custody of books, accounts, documents, records, cash, security and other property belonging to a co-operative society of which he is an officer or custodian, to an authorised person; and(e) whoever, before, during or after the election of members of the board or office bearers, adopts any corrupt practiceapplication to multi-state co-operative societies243zr the provisions of this part shall apply to the multi-state co-operative societies subject to the modification that any reference to "legislature of a state", "state act" or "state government" shall be construed as a reference to "parliament", "central act" or "the central government" respectivelyapplication to union territories243zs the provisions of this part shall apply to the union territories and shall, in their application to a union territory, having no legislative assembly as if the references to the legislature of a state were a reference to the administrator thereof appointed under article 239 and, in relation to a union territory having a legislative assembly, to that legislative assembly:provided that the president may, by notification in the official gazette, direct that the provisions of this part shall not apply to any union territory or part thereof as he may specify in the notificationcontinuance of existing laws243zt notwithstanding anything in this part, any provision of any law relating to co-operative societies in force in a state immediately before the commencement of the constitution (one hundred and eleventh amendment) act, 2009, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is less' statement of objects and reasonsthe co-operative sector, over the years, has made significant contribution to various sectors of national economy and has achieved voluminous growth however, it has shown weaknesses in safeguarding the interests of the members and fulfilment of objects for which these institutions were organised there have been instances where elections have been postponed indefinitely and nominated office bearers or administrators remaining in-charge of these institutions for a long time this reduces the accountability of the management of co-operative societies to their members inadequate professionalism in management in many of the co-operative institutions has led to poor services and low productivity co-operatives need to run on well established democratic principles and elections held on time and in a free and fair manner therefore, there is a need to initiate fundamental reforms to revitalize these institutions in order to ensure their contribution in the economic development of the country and to serve the interests of members and public at large and also to ensure their autonomy, democratic functioning and professional management2 the "co-operative societies" is a subject enumerated in entry 32 of the state list of the seventh schedule of the constitution and the state legislatures have accordingly enacted legislations on co-operative societies within the framework of state acts, growth of co-operatives on large scale was envisaged as part of the efforts for securing social and economic justice and equitable distribution of the fruits of development it has, however, been experienced that in spite of considerable expansion of co-operatives, their performance in qualitative terms has not been up to the desired level considering the need for reforms in the co-operative societies acts of the states, consultations with the state governments have been held at several occasions and in the conferences of state co-operative ministers a strong need has been felt for amending the constitution so as to keep the co-operatives free from unnecessary outside interferences and also to ensure their autonomous organisational set up and their democratic functioning3 the central government is committed to ensure that the co-operative societies in the country function in a democratic, professional, autonomous and economically sound manner with a view to bring the necessary reforms, it is proposed to incorporate a new part in the constitution so as to provide for certain provisions covering the vital aspects of working of co-operative societies like democratic, autonomous and professional functioning a new article is also proposed to be inserted in part iv of the constitution (directive principles of state policy) for the states to endeavour to promote voluntary formation, autonomous functioning, democratic control and professional management of cooperative societies the proposed new part in the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other co-operative societies to make appropriate law, laying down the following matters, namely:—(a) provisions for incorporation, regulation and winding up of co-operativesocieties based on the principles of democratic member-control, member-economic participation and autonomous functioning;(b) specifying the maximum number of directors of a co-operative society to benot exceeding twenty-one members;(c) providing for a fixed term of five years from the date of election in respect of the elected members of the board and its office bearers;(d) providing for a maximum time limit of six months during which a board of directors of co-operative society could be kept under supersession or suspension;(e) providing for independent professional audit; (f) providing for right of information to the members of the co-operative societies;(g) empowering the state governments to obtain periodic reports of activities and accounts of co-operative societies;(h) providing for the reservation of one seat for the scheduled castes or the scheduled tribes and two seats for women on the board of every co-operative society, which have individuals as members from such categories;(i) providing for offences relating to co-operative societies and penalties in respect of such offences 4 it is expected that these provisions will not only ensure the autonomous and democratic functioning of co-operatives, but also ensure the accountability of management to the members and other stakeholders and shall provide for deterrence for violation of the provisions of the law5 the bill seeks to achieve the above objectivesnew delhi;sharad pawarthe 11th november, 2009———— a billfurther to amend the constitution of india————public distribution system)

Parliament_bills

9a364c38-b93c-5108-99a0-36390f2f9bda

bid no 1d of 188z - b the central excise ~ws (~dment and validation) bill, 1982a bill to provide for the amendmem of zmds relating to ce'j1ttgl ezc:iie cmd to validate duties of &1:dae coz~ under aveh ·lc&wb be it 8d8ctecl by parliament m the thifty-wrcl year of tile republic of ldcti& follow8:-1 (11 this act may be cal1ecl the central bzcim laws (amendmat slldddtje and valldatlon) act, 1982 5 (2) it shall be deemed to have come into force on the date 01' iijidcieo 1 of 1944 commencement of the central excises and salt act, 19m meat 2 (1) in this section,-(a) "central excises act" means the central excises and salt act, 1944; 1 of 19(4 10 (b) "central law" means a central act other than the central excises act and in~udes a declared provision within the meaning of section 2 of the provisional collection of taxes act, 1931; 16 of 1831 (c) "exemption", in relation to any duty of excise, means exemption from the whole or any part of such duty; provi sions as to exemp· tion from duty of excise or fixing rate of suchdufj under certain cefttral lawaldd vaif4auon (d) "preamble", in relation to any notiftcation or order, meiiti that part of the noti6cation or order which refers to the ~ la bercise or in pursuance ot which such notification or order is iuued or dlade (2) every central law providing for the levy add collection of any duty of excise which makes the provisions of the central exclsea act and the rules made thereunder applicable by reference to the levy and 5 collection of the duty of excise under such central law shall have, and shall be deeni~ always to have had, effect with respect to the matters dealt with in sub-section (3) in the manner provided in that sub-section and this act shall be construed as one with such central law (3) where any central law providing for the levy and collection 10 of any duty of excise makes the provisions of the central excises act and the rules made thereunder applicable by reference to the levy and collection of the duty of excise under such central law, then,-(a) it shall be necessary for the purpose of granting, by any notification or order, any exemption from any duty of excise, or 15 fixing, by any notification or order, any rate of, duty leviable under such central law to expressly refer to the provisions of the said central law in the preamble to such notification or order, or to state by express words in such notification or order that the exemption provided for, or the rate of duty fixed, by such notlftcation or order is an exemption from, or the rate of duty under, ro 'stleh oentril law; (b) no notification or 'oi"der issued or made under the central excises act or the said rules' (whether issued or made before, on or after the 24th day 'of september, 1982 and whether or not in force on such date) granting any' exemption from any duty of excise or 15 fixing any irate of such duty shall have the effect of, or be "construed ~s, providing 'for exemption from the duty of excise leviable, or, as the case may be, 'fudng the rate of duty, under the said centraliaw, ~ , '" ' unless 'such' notiftcationor ohier- (i) ~press~y r,efer~ to th~ provi~onso(the said centraliaw 30 1rl the preamble; or' ', : '' (ti) by express words, provi4es for an exemption from the duty of excise leviable, or, as the case may be, fixes the rate of duty,under the said central law; and (c) every notification or order of the nature refelu'ed to in 55 clause (b) which expressly refers to the provisions of any central law or central laws in the preamble, shall have the e1fect of, and be construed as, providing for exemption from the duty of excue leviable, or, as the case may be, fixing a rate of duty, only under such central law or central laws, unless such notification or order also, by express words, provides for an exemption from the duty fo 'of·'8][ciee leviable,or, as the case may be, fixes the tate of duty, under the central excises act • ; :(4) 'every notiftcatio~ or order gr&ntirig any exemption or fixing a _ rate of duty issued or made under 'the central gxcises act or the rule& 45 ~de the~under at any time whatsoever before the 24th day of sepl~,~~';: 1982 shall have, and shall be deemed always to have had, effect for all purposes as if the foregoing provisions ot this section had been in force at all material times and accordingry, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority, any action or thing taken or done, or purporting to 5 have been taken or dode, under the central exci8ea act o~ ~ said rules or any central law in any, case by virtue of such notification or order shall be deemed to be, and to have always been, for all putpoles as'validly and effectively taken or done as if the foregoing pro\1siona ,9£ thls section had been in force at all material times, and, notwithstwl~ 10 anything as aforesaid and without prejudice to the genera1ity of the foregolng,-, 15 (a) all duties of excise levied, 8ljse!sse,d or collected with feip8c1: to any goods under the central e~eises ac~ or the said rules or my central law shall be deemed to be, and;shallj:,e de~ed al~ tq have been, validly levied, assesse4 or collected as if the, forego~ provisions of this section had been in force at all material times;, slo (b) no suit or other proceeding shall be maintained or contimled in any eourt for the refund of, and no enforcement shall be made,py any' court of, any decree or order directing the refund, of, any ~ duties of excise whic;h have· been collected· and which would, have been validly collected if the foregoing provisions of this section ha~ been in force at all material tbnes: (c) refunds shall be made of all such du~ies of excise which have been collected but which woq1d not have been collected if the foregoing provisions of this section had been in force at all material times; and i (d) recoveries shall be made of all such duties of exc~ whi~ have not been collected or, as the case may be, which have been refunded but which would have been collected or, as the c8$e ~ ~, would not have been refunded if the f-oregoing provisions ~f thjssection had been in force at all material times (5) for the removal of doubts, it is hereby declared that no act or omission on the part of any person shall be punish~ble as an ojf~ce which wouid not have been so punishable if th~s act had not come izlto force 35 3 (1) the central excise laws <kdidance, 1982, is hereby repealed (amenqinellt and vauda~) lof 1881 (2) notwlthstandillg sqch repeal, anything· done or any action -eken under the ~id orditlance sqai1' be deemed to have been 'dou,e ~ takfm 40 under the corresponding provisions of' this act, central exciae duty is levied under the central excises and salt act, ~ (herematter referred to u the central excfles act), and jl ccmmonly referred to as the basic excise duty in addition to this duty, other duties of excise have also been impoaed on certain commocl1t1e1, meh u, additional exdle duty in lieu of ules tax levied on supr, tobacco and fabrics under the proyjafoj1l of the additional duties of ezclae (goods of special importance) act, 1967, additional exclle duty levied on specifted fibres yams, fabrics, etc, tor the purpoae of 1ub81-ciiildi the produetion of controlled cloth under the provtllodi of the adcutiodal dati of ('l'attlei mel textlle arttclei) act, ma, ,mal aclie duty udder the i'ldadce actii and ciimi on varioua ltala iuch u fabris, bin, tea, ete, wbleb an levied and co1lectec1 duties of exciie 2 the delhi hilb court, in a judgment deuvered on the 8th of august, 1982 (cwp no 1'1'13 of 19'19 etc mil modi rubber ltd ''' udion of iddta), hu held that in the abaenee of a spec1ftc reference to the uature of duty of exclae in a notulcatton providing for exemption from duty of exeiie on any goods, the exemption granted under the dotuication would apply to all the duties of exclie leviable on such goodi udder dffterent enactments such an intel ptetatton would have the effect of defeating the intention underlying the various nottflcations which have been issued over a long period of time as the practjee followed all along for decades bas been to invoke expressly the powers udder acts, other than the central excises act, whenever the intention w8i to· grant exemption under such other acts and to refer only to the central excises act and the rules made thereunder whenever the bltention was to confine the exemption only to the duty under tbe central exctses act the effect of the judgment would be that a substant1al portion of special excise duty, additional excile duty tn lieu of ales tax, ceases, etc, on various items could not have been conected in addition, the special excise duty and other additional duties eone~ over the years in the past would also be open to question a number of writ petitions were also being filed in the delhi high court fodowtdg the above judgment and the court was granting stay of the eoueetion of duties of exdie in exeesb of the conceaional rates speclfted in the notf1lcauons having regard to the huge revenue stakes involved, it became urgently necessary to spell out, by law, with retrospective effect, the intention as aforel8id clearly and to make the neeessary validating provisions accorc1fngly, the president promulgated the central excise laws (amendment and valfdatfcm) ordillance, 1982, on the 2'th september, 1982 3 the bill seeks to replace the aforesaid ordinance (copy of letter no 3491118z-tru, dated the 11th october, 1982 from shri pranab mukherjee, minister of finance to the secretary, lok sabha) the vice-president discharging the functions of the president having been informed of the subject matter of the central excise laws (amendment and validation) bill, 1982 recommends under article 117(1) and article 274 of the constitution of indi'a, the introduction of the bill in the lok sabha memorandum uplaining the modi;tlcations contained in the bill to teplace tj?e central excile law, (4mendment and validation) ordinance, 1982the various expressions which have been defined in section 2 of the ordinance at duferent places have been put together at one place in the beginning in sub-clause (1) of clause 2 of the but de8nitions of two more expreu1ons, namely, "exemption" and "preamble' have been added by way of abundant caution 2 secondly, it has been spelt out exp~ssly how the provisions made in the bill are by way of amendment of the laws relating tq central excise [vide sub-clauses (2) and (3) (a) of clause 2 of the bill] in this connection, it may be mentioned that the long title to the ordinance expressly mentions that the provisions of the ordinance are by way of amendment of the laws relating to central excise and sub-section (1) of section 2 of the ordinance indicates by necessary implication how the provisions of the ordinance are by way of such amendment this aspect of the matter has now been brought out explicitly 3 the bill does not involve any other deviations except changes - necessary for converting the ordinance into a bill and changes of a drafting nature a billto provide for the amendment of laws relating to central excise and to validate duties of excise collected under such laws (shri ptanah mukher;~, 11!idt"-c~ r!' "';':';""re,)

Parliament_bills

3babbfd5-825b-5f06-b7c6-43cbff18158e

the agricultultal and processed food products export develcjpment authority bill, 1985 , :,r arltangement of clauses chapter i preliminary clauses1 short title, extent and commencement 2 definitions 3 power to amend schedule chapter iiagricultural and procissed food products export development a\tftdilry 4 establishment and constitution of the authority 5 salary and,allowances and other conditions of service of chairman and allowances of members 6 chairman to be chief executive 7 secretary of the authority and other staff 8 special provision for transfer of employees to the authorit-y 9 committees of authority 10 functions of the authority 11 power to supersede the authority chaptejt iii registration12 registration of exporters 13 application, cancellation, fee payable and other matters relating to registration 14 returns to be made by exporters chapter iv finance, accounts and auditclauses 15 grants and loans by the central government 16 constitution of agricultural and processed food products export development fund, clavses17 borrowing powers of the authority 18 accounts and audit chaprer v coh'j'llll)i"8t cmrrral govaioairr19 power to prohibit or control import and export of scheduled products ~o directiodl by central government 21 returns and re~rts chapter vi miscellaneovs22 penalty for making false reports 23 penalties for obstructing a member or officer of the authority in the discharge of his duty and for failure to produce books and records 24 other pell8lties, 25 offences by companies 26 jurisdiction of court 27 previous saneti~ of central government 28 protection of action taken in good faith 29 power to delegate 30 suspension of operation of this jwt 31 application of other laws not barred 32 power to make rules 33 power to make regulations 34 rules and regulations to be lad before parliament the shedule ' c'i:- be/as introduced j 11 10k sabha)1 page (1), against cl 1use no 9,-after "c'olllditteps r" insert "the" 2 plge (ii), line 5,-o fill "(bnt ro 1 by" insert 'tt he" 3 pagg (ii), ag~inst clause nq2~,­after ''directions by" insert ''the'' 4 page (ii), aga:1nst clause no 27,-aft er "sancti::>n of" in sert "t he" 5 page (ii), 3gainst clause no 34,-rs:u: "l3d" ~ "laid" ' page (i1), line 1 fron bottom,-!ql: - "the sliedule" ~ "the· schedule" 7 page 2, line 20,-n:u: "vid,,:-d y the regul~t1ons" ~ itt') be, a schedul~d pi'i'jduct " 8 - p'9g e ~, liu e ~,-!q1: lip erp t u:ll" l:f@d ''p ei"l;> at w 1 " 9 page 3, line 35,-tel 11 sub- clause (i)" ~ "sub-<:13uses (i)" 10 p:lgs 6, line g,_ tar ilarise" ~ ilnriscs tl 11 p':1ge (l, in the illargino:ll heading to clause 9,-ilftex "cbmn1t tees of" insert "the" to the affircultua'1l ai';'!) pqocessed ideo producrs expo_~t de'j:j:lopm'8l'4t authaiity bill, 1985 c1o-belas 1ntcqdllcpd in lpk s:abha) 1 page 3, line 21,-nu: ''h':)rticul tural" reru1 "horti cui ture" 2 pag~ 5, line 12,-' ~ "fbod eioorts" ~ "fbod s bxport" 3· page 1 "\ -, line 11, -~ "fbod exports" ~ " ebo n s expo rt " 10 page 15, line 3,-!qr '!'orticul ture" ~ "f1oricul ture" ~ew delhi· , agrahayana 11, 1907 (saka) a billto prookie for the establishment of an authority for the development ad ~ticm of upoi-ts of certain agricultural and procebbed food products 4ftd for maffe1"$ connected therewith be it enacted by parliament ~n the thirty-sixth year of the republic of illdia as follows:-chapter i pltdiminary- 1 (1) this act may be called the agriaultural and p~ed food short products export development authority act, 1985 title extent (2) it extends to the whole of·india and coin-(3) it shall come into forte on such date as the central govemmeat mence may, by notification in the ojbcial gazette, appoint, and different dates ment ie ~y be qpointed for difte~nt provi$ions of this act z in this act, unless the context qtherwiae requirel,-deftdl-(a) "autlaority" means tbe agricultural and processed food tiolul products export development authority established under section 4; (b) uchairman" mean~ the chairman of the authority; (c) "export" llleans taking out of india by land, sea or air; (d) "exporter" means a person registered as an exporter of scheduled products under section 12; 1 (e) "member" means a member of the authority and includes the chairman; 5 (f) "prescribed" mean's prescribed by rules made under this act; (g) "processing" in relation to scheduled products includes the process of preservation of such products such as canning, freezing drying, salting, smoking, peeling or filleting and any other method of processing which ihe authority may, by notification in the official 10 gazette, specify in this behalf; (11) "regulations" means regulations made under this act; (i) "scheduled product" means any of the agricultural or processed food products included in the schedule power to amend schedule 3 the central government may, having regard to the objects of this 15 act, and if it considers necessary or expedient so to do, by notification in the official gazette, add to, or, as the case may be omit from, the schedule· any agricultural or processed food product and on such addition or as the case may be, emission, such product shall be, or shall cease vided by the regulations 20 chapter 11agricultural and processed food products export development atrmority _ 4 (j) with ('ifect fro~ such date as the central govemment may, by notiication in the official gazette, appoint in this behalf, there s1lau be 25 estahlished for the purposes of this ad, an authority to he ealled the agricnltural and rroeessed food products ekport development authority eatapllshment and eoaaltution of the authority (2) the authority shall be a body corporate by the name aforesaid,· having perptual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to con- 30 tract, and shall by the said name sue and be sued~ (3) the head office of the authority shall he at delhi and the authority may with the previous approva! of tlie central governdl~nt, estabush offices or age-ncies at other places in or outside india _ ( 4)_,thc authorit)' shall cq~8ist of the following members, namely: 35 (a) q chairman, to he appointed by the central gov8i'dnient; (b) th(> alp'icultural 1\farketinlf adviser to the go~nt ,t jndia~ ex-officio; (c) one member to be appointed hy the celltral government to rep~ent the planning clmmission: 40 (d) thre~ melnbers of parliament of whom two shall he eleeted 1;y the house of the people and oue hy the couiadlof states; (e) eight nlcmbers to be appointed by the central govel'ddlellt to represent, respectively, the ministries of the central gov8l'1u11e1lt deal· ing with-, _ t_i (i) agriculture and rural development; (li) commerce; ( hi) finance; (iv) industry; (v) food, (vi) civil supplies; ~vii) civil aviation; ie (viii) sbipping and tnmsport; (f) five members to he appointed by the central govenunent by rotation in the alphabetical order to l'epresent the states and the union territories: - 15 provided that an appointment under this clause shall be made on the ret'ommendation 01 the govel'djlledt of the state, or as the case may be, the union territory concerned: (g) seven members to be appointed by the ceutral govel'djllent to represent,--' (i) the indian cottncil of agrleultural research; 10 (ii) the notional horticultural board; (iii) tile national agricultural co-operative marketing federation: (v) the indian institute of packaging; (t~) the spices export promotion council; and ("ii) the cashewnut export promotion couneil; (h) twehe members to he appointed by the central govel'dld8dt to represent,-(i) fruit lind vegd::lble products iudustries; (ii) meat, pqultry and dairy products industries: (iii) other scbedujed products industries; (iv) packaging industry: s5 provided that the number of members appointed to repre&ellt any of the groups of industries speclfted in sub-ela1lle (i) to (,ui) or the industry specified il sub-clause (ilv) shall in no ease be leu than two; (i) two members to be appointed by the central government from amongst specialists and scientists in the field of agrieulture, eeanomies and marketing of scheduled proclueta (5) the term 01 orico or the members, otber than the member referred to ;'<1 clause (0) or suo-section (4) and the manne~ of filllnc ~'acanc:ies nmong, and the pl'ocedure to be followed in the discharge of tbeiriunctiolls by, ule members sball be such as may be prescribed (6) any officer of the central government, not being a member of 5 the authonty, when deputed by that government in this behalf, shall have the rlgnt to attend meetings of the authority 4ij1d take part in the proceedings thereof but shall not be entitled to vote (7) no act or proceeding of lhe authority or any committee appointed by it under section 9 shal! be invalidated merely by reason of-10 (a) any vacancy in, or any defect in the constitution of the authority or such l' lmmittee; or (b) any 'defect in the appointment of a person acting as a member of the authority or such committee; or (c) any irregularity in the procedure of the authority or such 15 committee not aftecting the meri~ of the case (8) the authority shall meet at such times and places and shall observe such rules 01 procedure in regard to the transaction of business at its meetings (incllding the quorum at its meetings) as may be pro-i vided by the regulations io 5 (1) 'ihe chairman shah be entitled to such salary and allowances aud shall be subject to such conditions of service in respect of leave, pension, pro\'ide'1t fund and other matters as may, from time to time, be fixed by the central (iovenjment (2) the other members of the authority shall receive such allowances sis as may be fixed by tbe central government ' salary iia4 allowances and other conclitiodi of aervice of chairman and allow';' ances of members (3) a member, other than the ex officio member, may resign his oftlce by giving notice thereof in writing to the central government and on such resignation being accepted, he shall be deemed to have vacated his oefice so ~ the chairman shall be the chief executive of the authority and shall ex~cise such powers and perform such duties as may be prescribed chairman to be chief exeoutive 7 (1) the central government shill appoint a seeretary to the authority who sh,n exercise &uch powers and perform iueh duties as may he prescribed or as mny be delegated to him' by the chairman s5 secretary of the authority ad other ltd (2) thesearetary shldl be entitled to such salary ud auowbdcea d _hall be subject to such conditions of service in respect of leave, pension, pmvident tfund add such· other matters as may, from time to time, be fix8d by the central government (3) subject to such control and restrictions as may be presedhed, dle 40 authority may appoint such other o8leen y 1da7 be deeei881'y, for the efticient performance of its fuaetions and the method of appoirtment, the scale of pay and allowances and other conditions ef service of stich other officers and employees of the authority siiail be such 8s may be provided by the authority by regulations 5 (4) the chairman, the secretary and other officers and employees of the authority shall not undertake any work unconnected with th~ir duties under this act except with the permission of the central government 8 (1) on the ~stablishment of the authority, it shall be lawful for the ro central government to transfer to the authority, by order, and with eff~t from such dale or dates as may be specified in the order, any officer or other employee holding office as' such in· the processed food exports promotion council (hereafter in this section referred to as the councu) imm~diately before the date on which the authority is established: special provision for traz tarot esn-, to the authority < 15 provided that the scale of pay of the post in the authority to which such officer or other employee is ttansferred shall not be lower than the scale of pay of the post he was holding immediately before such transfer and the other terms and conditions of service (including pension, leave, provident fund and mettical benefits) of the post to which he is transferred ·sh:a11 not be less favourable than the terms and conditions of service 10 in relation to the post held by him immediately before such transfer (2) an order under sub-section (1) may be made so as to have retrospective effect from a date not earlier than the date of the commencement of this ad (3) before any order is issued under sub-section (1), all officers and employees of the council shall be given an option to express, in such 15 form ~ may l)e prescribed, and within such time as may be specified in that behalf by the central government, their willingne;;s or otherwise to become employees of the authority and such option once exercised shall be final: provided that no ord under sub-section· (1) shall he made in relation go' to any officer or other employee of the council who has intimated his intention of not becoming an employee of the' authority withih the time ·specifi!d in that behalf: provided further that such of the officers and employees of the council who do not exj)ress within the time specified in that behalf their int'!ntion of becoming the employees of the authoritv, shall be dealt with in s5 the same manner and in accordance with thl'! same laws and standinj! orders as would have applied immediately before the commencement of thi!\ act to the emolovees of the council in tl-te event of' the reaucuon of the strength of the officers and employees of the council (4) an officer or other emplove~ transferned by an order made under subsection (1) shall i on and from th~ date of transfer, cease to be an 40 emoloyee of the council and become an officer or other emoloyee' of the authority with such desi~ation as the authority mav determino and shall subject to the provisions of the proviso to sub-section (1) be governed by the regulations made by the authoritv under this act in respect t of remuneration and other conditions i)f' service (inc1uding pension 45 leave, provident fund and medical benf'flts) and shan c'ont!nue to be an ~ - o~cer or other employee of the authority unless and until his employ-i me"t"t is duly terminated by the authoritv: provided that till such time as the regulations referred to above governing the conditions of service of its offi~ers or other employees are framed by the authority, the relevant laws and standing orders applicable to the officers and employees of the council shall continue to be applicable to them 5 (5) if a question arise whether the terms and conditions of service prescribed in the regulations framed by the authority in respect of any matter, including remuneration, pension, leav~, provi~ent fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee immediately before his transfer to the autho- 10 rity, the decision of the 'central government in the matter shall be final t (1) the authority may appoint such committees as may be necessary for the efticient discharge of its duties aiid performance of its functions under this' act com· mittee of authority (2) the authority shall have the power to co-opt as members of any 15 committee appointed under sub-section (1) such number of persons, who are not members of the authority, as it may think fit and the persons so co-opted shall have the right to attend the m'!etings of the committee and take part in its proceedings but shall not have the right to vote (3) the persons co-opted as members of a committee under sub- 20 section (2) shall be entitl'!d to receive such allowances for attending meetings of the committee as may be fixed by the central government nmctioaa o! the authority 10 (1) it shall be the duty of the authority to undertake, bysucn measures a~ it thinks fit, tbe development and promotion, under the control of the central government, of export of scheduled products 25 , (2) without prejudice to the generality of the provisions of subsection (1), the measures referred to therein may provide for-(a) the development of indumes relating to the seheduled produet for export by way of providin2 financial assistance or otber wille for undertakinl!' survey~ and feasibility studies, partieioatio~ in so ~ equity eapital througb joint ventures and other re1ief1ll and subsidy schemes; (0) the registration of persons as exporters of the scheduled products on payment of such fees as may be prescribed; (e) the fixing of standards and specifications for the sclieduled 35 products for the purposes of export; (d) th~ carryin~ out of insdection of meat and meat products in anv slauslhter house, processina plant, stora'le premises, conveyances or other places where such products are kept or h~ndled for the purpose of ensuring the qual~ty of such products; ee) the improvi~g of packatng of the scheduled products; (1) the imprt;>vine of tbe marketing of the scheduled products outside india; (gf the promotion of export oriented production and development of the scheduled products; 45 (h) the collection of statistics from the owners of factories, or establisliments engaged in the production, processing,packaging, marketing or export of the scheduled products or from such other persons as may be prescribed on any matter relating to the scheduled products; and the publication of the statistics so collected, or of any portions thereof or extracts therefrom i 5 (i) the training in various aspects of the industries connected with the scheduled products; (j) such other matters as may be prescribed 11 (1) if the central government is of the opinion that the authority is unable to perform, or has persistently made default in the performance power to super sede the au~ho­rity 10 of, the duty imposed on it by or under this act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the central government under section 20, the central government may, by notificati()n in the official gazette, supersede the authority for such period as may be specified in i~ the notification: provided that before issuing a notification under this sub-sect: :ln, the central government shall give reasonable time to the authority to rhow cause why it should not be superseded and shall consider the explanation and objections, if any, of the authority ~o (2) upon the publication of a notification under sub-section '(1) superseding the authority,-(a) all the members of the authority shall, notwithstanding, that their term of office has not expired as from the date of ~uper­session, vacate their offices as such members; 25 (b) all the powers and duties which may, by or under the provisions of this act, be exercised or performed by or on behalf of the authority shall, during the period of supersession, be exercised and performed by such person or persons as the central government may direct; , 30 (e) all property vested in the authority shall, during the period of supersession, vest in th'e central government (3) on the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government may-(a) extend the period of supersession for such further period as ~5 it may consider necessary; or (b) reconstitute the authority in the manner provided in section 4 chapter iii registrationregistration of exporter • 40 12 (1) every person exporting anyone or more of the scheduled products shall, before the expiration of one month from the date on which he undertakes such export or before the expiration of three months from the date of coming into force of this section whichever is later, apply to the authority to be registered as an exporte'r of the sche-45 duled product or scheduled products: provided that the authority may, for suflicient reason, extend the time-limit for registration by such period as it thinks fit ·(2) registration once made shall continue to be in foree until it is cancelled by the authority 13 -:qtie form of application for registration under section 12 an~ fol" the cancellation of such registration, the fee payable on 'such applications, the particulars to be included in such applications, the procedure to be 5 followed in granting and cancelling registration and the registers to be kept by the authority shall be such as may be prescribed application, cancellation, fee payable and other matters relating to regiatra-\ion 14 (1) every exporter, referred to in sub-section (1) of section 12, shall furnish to the authority at the prescribed time and in the prescribed manner such returns as may be prescribed io returns lode made· by ex-,rters (2) the authority may authorise a member or any o~ its ofticers to inspect any processing plant or any other establishment of the exporter at any time to verify the accuracy of any return made under thm section chapter tv finance, accounts and auditgrants or loans by the central 15 the central government may, after due appropriation madl" by parliament "y law in this behalf, pay to the authority by way of grants or loans such sums of money as the central government may think fit for beidg utilised for the purposes of this act gove~ ment 16 (1) tliere shall be formed a fund to be called the agricultural !20 and processed ,food products export development fund and there shall be credited thereto-(a) any sums of money which the central government may, after due appropriation made by parliament by law in this behalf, provide from and out of the proceeds of cess credited under section !21: 4, of the agricultural and processeid food products export cess ad, :> 1985, after deducting therefrom the expenses of collection of the cess and the amount, if any, refunded; constitutionol agri-cultural and procesaed food product j:xport development f\md, (b) all fees levied and collected in respect of registration and 0 other matters under, this act or the rules made thereunder,j 3 r (e) any grants or loans that may be made by the central gov ernment for the purposes of thh aet under section 15; and (d) any grmtb or loans that may be made by any state gov emmeilt, volnntary organisation or other institutiod for the pul'posetl of this a~t; provided that no such grant, loan or donation shall be credited to the fund except with the prior approval of the central government (2) the fund shall be applied for-(4) meeting the cost of the measures referred to in section 5 10; (b) meeting the salaries, allowan<:es and other remuneration of the members, officers and other employees, as the case may be, of the authority; (c) meeting the other administrative expenses of the autho-10 rity and any other expenses authorised by or under this act; and (d) repayment of any loan 17 subject to such rules as may be made in this behalf, the authority shall have power to borrow on the security of the agricultural and processed food products export development fund or any other asset for 15 carrying out the purposes of this act borrow- power of the autho· rity accounts and audit 18 (1) the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india 20 (2) the accounts of the authority shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditor-general (3)tbe comptroller and auditor-general of india and any person 25 appointed: by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of government accounts and, in particular, shall have the right to dema~ the production of books, 30 accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authority (4) the accounts of the authority as certified by 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 annual-35 iy to the central government and that government shall cause the same to be laid before each house of parlilment chaprer v control by the central goveltnment19 (1) the central government may, by order published in the official gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of the scheduled products, either generally 5 or in specified classes of cases (2) all scheduled products to which any order under sub-sectien (1) applies, shall be deemed to be goods of which the export has been prohibited under section 11 of the customs act, 1962, and all the provisions of that act shall have effect accordingly 52 of 10 196:! power to pro- , hibit or control imports and exports of scheduled products 12 of 1982 i~ (3) if any person contravenes any order made under sub-section (1), he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the customs act, 1962, as applied by sub~ion (2), be punishable with imprisonment for a term which may extend to one year, ·or with fine, or with both direc-20 the authority 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 act ~ions by the central government returns and reports 21 (1) the authority shall furnish to· the central government at 110 such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the export of the scheduled products, as the central government may, from time to time, require (2) without prejudice to the provisions of sub-section (1) , th~ 25 authority shall, as soon as possible, after the end of each financial year, submit to the central government a report in such form and betore such date, as may be prescribed, giving a true and full account of its aetivities,· policy lind programmes during the previous flnancilu year (3) a copy of the report received under sub-section (2) shall be so laid, as soon as may be, after it is received, before each house of par- hament chapi'er vi miscellaneous12; any person who; being required by or under this act to furnish 35 any return, fails to furnish such return or furnishes a return containing mly particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees z3 any person who-5 (4) obstructs any member authorised by the chairman in writing or any officer or other employee of the authority authorised in this behalf by the central government or by the authority, in the exercise of any power conferred, or in the discharge of any ~uty imposed on him by or under this act; or penaltieb for obstructine a member or otficer of the autho-(b) having control over or custody of any account book or other rity in record fails to produce such book or record when required to do so the disby or under this act, charge of his 10 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend, to one thousand rupees, or witll both d~ty' and for failure to produce booke and records other penaltiel 24 whoever contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any ruies made thereunder 15 other than the provisions, the punishment for the contravention whereof has been provided for in sections 19, 22 and 23, shall be punio;hable 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 in the case of a cohtinuing contravention with an additional fine which 20 may extend to fifty rupees for every day during which such contravention eontinues after conviction for the first such contravention 01fenc~ by companies 25 (1) where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of 25 the business ef the company as well as the company shall be deemed to be guilty of the offence and &ball 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 30was 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), w;here 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 con-35 nivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the compa·ny 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 40 explanation-for the purposes of this section-(a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner 'in the' ftrm 26 no court inferior to that of a metropolitan magistrate or a magistrate of the first, class shall try any offence punishable under this act jurisdictiod of court %'1 no prosecution for any offence punishable under this act shall be instituted except with the previous sanction of the central govern-5 ment prerioui sanctica otthe central < governmenl protection of aetlod 'iiiba mcood faith 21 no suit, prosecution or other legal proceedings shall lie against the central government, or the authority or any committee appointed by it or any member of the authority or such committee, or any officer or other employee of the central government or of the authority or any other 10 person authorised by the central government or the authority, for anything which is in good faith done or intended to be done under this act or the rules made thereunder pqwer to delegate 21 the central government may, by order published in the official gazette, direct that any power exercisable by it under this act (not 15 being the power to make rules under section 32) may also be exercised in such cases and subject to such conditions, if any, as may be specified in the order, by such officer or authority as may be specified therein suapension of operation oftbja act 30 (1) if the central government is 'satisfied that circumstances have arisen rendering it necessary that certain of the restrictions im- 20 posed by this act should cease to be imposed or if it considers necessary or expedient so to do in the public interest, it may, by notification in the official gazette, suspend or relax to such extent and either indefinitely or for such period as may be specified in the notification, the operation of all or any of the provisions of this act 25 (2) where the operation of any provision of this act has under sub-section (1) been suspended or relaxed indefinitely, such suspension or relaxation may, at any time while this act remains in force, be re-1!u,ved by the central goverrunetit by notification in the oftlcial g~~ ~ 31 the provisions of this act shall be in addition to and not indero-&atiob of the provisions of any other law for the time being in force arill-·' uaa of othtl' 1 dot barred power 32 (1) the central government may, by notification in the official tomu,e " gazette, make rules for carrying out the purposes of this act nil • (2) in particular, and without prejudice to the generality of the fore- 35 ,oing power, such rules may provide for all or any of the following matters, namely:-(a) the term of oftlce of the members [other than the member referred to in clause (b) of sub-section (4) of section 4] the manner of mting vacancies' among, and the procedure to be followed in the 40 dilcharge of their functions by the members, under sub-section (5) , ectum 4; i • (b) the powers which may be exercised a~d the duties whick may be performed by the chairman as the chief executive of the authority under section 6; (e) the powers which may be exercised and the duties which shall be performed by the secretary of the authority under subsection (1 ) of section 7; (d) the control and restrictions subject to which other offtcers and employees may be appointed by the authority under subsection (3) of rection 7; 10 (e) the form in which and the time within which option may be given by the officers and employees of the processed food export\! promotion council under sub-section (3) of section 8; (f) payment of lees for the registration of exporters of scheduled products under clause (b) of sub-section (2) of section 10; 15 (g) persons ,other than the owners from whom the collection of statistics in respect of any 'matter relating to scheduled products may be made under clause (h) of sub-section (2) of section 10; (h) the additional matters in respect of which the authority may undertake measures in the discharre of its functions under 110 clause (j) of sub-section (2) of section 10; (i) the form and the manner of making application for registration and for cancellation of registration, the fee payable on such application and the procedure to be followed in granting and cancelling registration and the conditions governing such regis 25 tration, under section 13; (;) the time at which and the manner in which an exporter shall furnish returns to the authority under sub-section (1) of section 14; (k) the form in which the accounts of the authority shall be maintained under sub-section (1) of section 18; 30 - (l) the form and manner in which and the time at whicli the authority shall furnish returns and statements to the central government under sub-section (1) of section 21; (m) the form in which and the date before which the authority shall furnish to the central gov!!mment the report of its actf-35 vities and 'pro,gramme under sub-section (2) of section 21; (n) any other matter which is to be or may be prescrfbe~ under this act, ' 33 (1) the authority may, with the previous sanction of tlie central government, bv notification in the official gazette, make regulations 40 not inconsistent with the provisions of' this act and the rules made thereunder, to provide for all matters for which provision is neceasary or expedient for the purposes of giving effect to the provisions of tlu a~ (2) in particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all -or any of the following matters, namely:-(a) the times and places at which meeting!! of the authority or any committee thereof, shall be held and the procedure to be 5 followed thereat and the number of members which shall form a quorum at a meeting under sub-section (8) of section 4; (b) the method of appointment, the conditions of service and the scales of pay and allowances of any of the officers and other' employees of the authority under sub-section (3) of section 7; 10 (c) generally for the efficient conduct of the affairs of the authority (3) the central government may, by notification in the oftlcial gazette, modify or rescind any regulation sanctioned by it gnd tlte regulation so modified or rescinded shall have effect only in such -modi- 15 fled form or be of no effect· as the case may be; so, however, that any such modification or rescission shall be without prejudice to the validity of anything done under the regulation before its modification or rescission ~ ewry ~ and every regulation made under this act shall· be ao laid, as soon as may be after it is made before each house of parua-rul_ and re-,wationa to be laid before parliament o ment, 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 thc! session immediately following the session or the successive sessions aforesaid both houses agree in making any modifi- 25 cation in the rule or regulation, as the case may be, or both houses agree that the nile or regulation, as the case may be, 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 any- so thing previously done under that rul~ or regulation the schedule[see section 2 (ii)] 1 fruits, vegetables and their products 2 meat and meat products 3 poultry and poultry products 4 dairy products 5 confectionary, biscuits and bakery products 6 honey, jaggery and sugar products 7 cocoa and' its produ~ts, chocolates of all kinds 8 alcoholic and non-alcoholic beverages 9 cereal ptoducts 10 cashewnuts, gl'oundnuts, peanuts and walnuts 11 pickles, chutneys and papads 12 guar gum 13 forticulture and floriculture products 14 herbal and medicinal plants agricultw'al se~tor of the economy contributes significantly to our expotts and would have to continue to do so increasing reliance shall, however, have to be placed on exports of agricultural and processed food products which lead to higher realisation through added value value addition would also generate econom~c activity and employment in the country 2 although the potential for exports of processed food products is good, there have been several constraints inhibiting its growth the food processing industry is by and large in the small scale sector using technology of processing and packaging which is outdated in order to have a stable market, it is necessary to guarantee the strict standards of quality expected by importing countr:es and to maintain consistency this ~'ould require inputs of research technology' and a considerable degree of organi- sational effort 3 at present the processed foods export promotion council looks after exports of these products the council does not have any statutory backing to undertake quality control it is also not equ!pped to generate production of value added products or to effectively promote their exports it has, therefore, been considered necessary to replace the council by a statutory authority to be designated as agricultural and processed food products export development authority it will co-ordinate its activities with the national bodies like horticulture board and state govenments for generating production for export and with research institutes for development of value added products it would also be able to undertake quality certification and unify the existing jnspection and quality control for products su('h as meat and ment products 4 in order to enable the author~ty to discharge its functions effectively it is proposed, by a separate bill, to provide for the levy by way of a cess of the duty of the customs on all the scheduled products which are exported the intention is to make over, after due appropriation by parliament, by law the proceeds of the cess to the authority 5 the authority is proposed to be constituted, among others, with representatives of the central and state governments, parliament, trade, export promotion councils and specialists in the field the main fwictions proposed to be assigned to this authority are to develop processed food industry by way of providing flnancial assistance for undertaking surveys and feasibility studies, participation in the equity capital through joint ventures and other relief and subsidy schemes, registration of exporters ot the scheduled products, flxing of standards and specifications for scheduled products for purposes of exports, carrying out inspection of meat and meat products in any slaughter house, processing plant, etc, improvement iii packaging of scheduled products and marketblg of the products outside india and promotion of export-oriented productlnn and product development of scheduled pl'oducts the bill contains a provision that it shall be the duty of the authority to provide, by such measures 31> it thinks fit, the development and promotion under the control of the central government, of export of agticul tural and processed food productstncluded in the sch~ale thereof'ln8:inly with a view to enabl:ng it to undertake the activities mentioned above power has also been taken for the central government to prohibit or· rontrol the imports and exports of the scheduled products : 6 "the bm' seeks' to a~hiev~ the above objects i new delhi; arjun singh the 16th rtovember, 1985 clause i-this clause specifies the title of the act, "the extent of its application and date of its commencement clause 2-this clause contains the definitien of v8rioljs words and expressions used in the act clcwse 3-this clause empowers the central govemment to amend the list ot products specified in the schedule clause 4-this clause errapowers the central government to establish and constitute an authority to be called the agricultural and pr0-cessed food export promotion council to administer the act (hereinafter referred to as the authority) olause 5-this clause empowers the central government to fix the ealary and allowances and other conditions of service of the chairman of the authority clause 6-this clause lays down that the chairman shall be the chief executive of the authority alld shall exercise such powers and perform such duties as may be prescribed clause 7-this claulle empowers the central government to appoint 8 secretary" to the authority and prescribe his powers and duties, salaries and allowances and other conditions of service clause 8-this clause empowers the central govemment to transfer employees of the processed food export ~motion council to the au"thority clause 9-this clause provides for the constitution of its committees by the authority clause io-this clause defines the functions of the authority clause it-this clause provides for the supersession of the authority by the central government clause 12-this clause provides for compulsory registration of· exporters of scheduled products clause 1'3-this clause deals with the procedure of registration of exporters and the fees payable for such registration claube 14-this clause provides tor the submission of periodical retums by exporters clause 15-th1s cjause enables the central government" to pay " trant and loans and" other sums of money to the authority clause 16-this clause provides for the constitution of agricultural add processed food products export developmpnt f'und claube 17-this clauae enables the authority to borrow funds clat&be 18-this clauae deals with the maintenance of proper account by the authority and its audit by the comptroller and auditor: general of india c14ue 19-'llwi clauae enables the central government to prohibit, restrict or otherwise control; import or export of scheduled products clause 20-this clauje empowers the central government to issue ctirections to the authority for the eftlcient administration of the act clause 21-this clause requires the authority to furnish periodical returns and reports to the central government clause 22-this clause provides for penalties for making false reports clause 23-this clause provides for penalties for restricting a 'tlember or officer of authority to discharge of his duty and for failure to produce books and records clause 24-this clause provides for penalties for the contravention of the provisions· of the act other than those provided for in clauses 19, 22 and 23 and for contraventions of rules made under the act c'ause 25-this clause fixes criminal liability on the directors and officers of companies ~or the offences committed by the companies clause 26-this clause deals with the jurisdiction of criminal courts to try oftencel under the act clause 27-this clause lays down' that the previous sanction qf the central government would be neceasary fpr production under the ad clause 28-this clautle provides for protectiod to the government, the authority and any members and offtcers thereof for anything done· oj:' intended to be done in good faith under the act clause 29-this clause empowers the central government to delegate its powers (except power to make rules) to any omcer or authority clause 30-this clause empowers the central govemment to suspend or relax in public interest any restriction imposed by the act clause sl-this clause lays down that the provision of the act shall be· in addition to and not in derogation of the provisions of any other law) cl41u1e 32-this clause empowers the central government to make rules· for· carrying· out the purposes of the act czawe 33-this clause empowers the authority to make regulations for the purpose of giving effect to the· provisions of the act clawe m-tbis clause lays down that every rule and regulation made under the act shall be laid before each house of parliament sub-clauses (1), (3) and (4) of cliluse 4 of the bill pr~vide respectively for the establishment, offices and cbnstitution of·the agricultural proces·~ sed food products export development authority clause 5 provides that the chairman of the authority shall be entitled to such salariefl and allowances as may be fixed by the central government the allowances payable to the other members w~ll have to be prescribed by rules undel' clause 32 of the bill clause 7 provides for the appointment of tlie secretary, other offi-:-ers; and employees of the authority the secretary wilj be entitled to such salaries and allowances as may be determined by the central government the other officers and employees' of the authority will be entitled to such salaries and allowances as may be ~rovided for by regulations under clause 33 (2) (b) 2 clause 10 provides for the functions of the authority and these include, inter-alia, the development of industries relating to scheduled products for export by way of providing financial assistance or otherwise for undertaking surveys· and feasibility studies, participation in the equ~ty capital through joint ventures and other reliefs and subsidy schemes 3 the afore-ment~oned provisions of the bill involve expenditure towards:-(a) payment of salaries allowances, etc, of the chairman, members, offtcers and other employt=es qf the authority, and (b) meeting other administrative expenses of the authority including expenses for discharging its functions 4 clause 16 of the bill provides for the constitution of a fund to be called the agricultural and processed food products ·export development fund and the f)1nd is to be applied for meeting the afore-mentioned· expenditure the fund will consist, inter alia of various fees· which will be collected by the authority, the sums paid to it by the central government (vide clause 15) or by nay person ~'1d the sums realised by the authority in the discharge of its functions 5 it is not possible at the present stage to °ndicate the expenditure involved however, it is estiinated that a non-recurring expenditne of rs 20,00,000/- is likely to be incurred inwally on the establishment of the authority a recurring ejtpedditure of about rs 80;00,000/- per annum" is likely to be incurred by the authority when the authority expands its activities, its expenditure may in"rea"e the authority will meet its expenditure from its own fund" and~ payr:a'let\ts mac1e to it by the ce~t~al government after due appropriation made· by parliament· by law· in that behalf clause 3 of the bill empowers the central government to add to, or omit from, the schedule to the bill any agricultural or processed food product 2 clause 5 empowers the central government to fix salary and allowances of the chairman and allowances of other members of the agricultural and processed food products export development authority 3 clause 9 empowers the central government to fix the allowance ilf the co-opted members attending the meetings of the committees of the authority 4 clause 32 gives power to the central government to make rules to carry out the purposes of the legislation the matters in respect of which rules may be made relate, inter alia, to thetrem af office and other conditions of service of the members of the authority, the powers which may be exercise and the duties which may be performed by the chairman as the chief executive of the authority and also by the secretary of the authority, the control and restrictions subject to which other officers and employees of the authority may be appointed; the form in which option may be given by the officers and employees of the' processed food exports promotion council; the payment of fees for the registration of exporters ot scheduled products; the form and manner in which the account of the authorit; are to be maintained and other matters of procedural or administ~ti'v nature 5 clause 33 empowers th~ authority to ,make, regulatiol)s not in~ consistent with the proposed legisl~ti,~n and ~e rul,es ~4~ thereunder for' enabling the authorit~ to' di~a~s~ its ~~tions the matters in relation to which the authority may make regulations have been detailed in sub-clause (2) of the clause the matters, inter alia, relate to the times and places at which meetings of the authority or any committee thereof shall be held and the procedure to be followed thereat; the method at appqintment, the conditions of service and the scale of pay and allowances of the officers and employees of the authority 6 the delegation of power under clau!'le 3 is considered necessary with a view to enable the central government to effect necessary chanqes in the schedule to meet the requirements of changing conditons of international market and thereby promote the export of agricultural and processed food products the delegation of legislative power under the remaining clauses relates to administrative detail and procedure and is of routine nature the delegation of legislative power involved is, therefore, of a normal character - billto provide for the tabliahment of an authority for tbe dewlopment and promotion of exports of certain agricultural and prooell8d food products and for matters connected therewith

Parliament_bills

cd7d2fb8-3ae8-5f7f-af7c-28ba89cf66cc

bill no lxx of 2019 the refugee and asylum bill, 2019——————arrangement of clauses——————clauses chapter i preliminary1short title, extent and commencement2definitions3principles of refugee protection chapter ii principles of refugee status4criteria for recognition as a refugee5exclusion from refugee status6cessation of refugees status7cancellation and revocation8principle of nonrefoulement9provisions for removal from india10family unification chapter iii procedure to apply for asylum11application for asylum12commission to determine application for asylum13appeal to lie to the appellate board14interview15decision to be reasoned16right to legal representation17confidentiality chapter iv constitution, functions and powers of authorities18establishment of the commission19composition of commission20qualification for appointment of chairperson, judicial members and expertmember of commission21functions of the commission clauses22powers23special protection to persons with specific needs24establishment of the appellate board25qualifications of president and members of appellate board26functions of the appellate board27powers of the appellate board28selection of members of commission and appellate board—29term of office, conditions of service, etc of the president, chairperson and themembers30removal of the president, chairperson and member from office31secretary, officers and other employees of commission or appellate board32vacancies, etc not to invalidate proceedings of the commission and the appellate board33president, chairperson and members to be public servants34proceedings before commission or appellate board to be judicial proceedings chapter v large movements of refugees35powers of the central government with respect to large movements of refugees36registration37special provisions with regard to movement, etc38modification in notification concerning large movement of refugees chapter vi provisions related to voluntary repatriation39voluntary repatriation chapter vii rights of refugees and asylum-seekers40subjected to laws in india41protection and general rights of refugees42rights of asylum seekers43rights not to be more than citizens44identity and travel documents chapter viii technical assistance45technical assistance chapter ix finance, audit and annual report46grants by the central government47accounts and audit48annual reportclauses chapter x miscellaneous49power to make rules50empowerment of concerned authorities51bar of jurisdiction52protection of action taken in good faith53act to have overriding effectth february, 2020bill no lxx of 2019 the refugee and asylum bill, 2019 a billto provide for the establishment of an effective system to protect refugees and asylumseekers by means of an appropriate legal framework to determine claims for asylum and to provide for the rights and obligations flowing from such status and matters connected therewith or incidental theretowhereas, the constitution of india requires all persons to be treated in a fair and just manner consistent with the guarantees of equality, fairness and due process of law;and whereas, the supreme court and the high courts in india have extended the protection of certain fundamental rights to refugees and asylum-seekers;and whereas, india has acceded to all major international human rights instruments and demonstrated its commitment to international law and human rights norms including the right to seek asylum and the principle of non-refoulement;and whereas, india has a long tradition and experience of providing humanitarian assistance and protection to refugees and asylum-seekers;and whereas, there is a need to consolidate, streamline and harmonize the varied practices, policies and standards applicable to refugees and asylum-seekers in indiabe it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the refugee and asylum act, 2019short title, extent and commencement(2) it extends to the whole of india (3) it shall come into force on such date as the central government may, by notification in the official gazette, appointdefinitions2 (1) in this act, unless the context otherwise requires—10(a) "appellate board" means the national appellate board of asylum established under section 24;(b) "applicant" means an asylum-seeker who, after entering the national territory of india, has filed an application for asylum under this act;15(c) "application for asylum" means an application for the grant of asylum made under section 11;(d) "asylum" means refugee status recognized in terms of this act; (e) "asylum-seeker" means a foreigner who after entering the national territory of india expresses an intention to seek a grant of asylum;(f) "chairperson" means the chairperson of the commission appointed under section 19;20(g) "child" means any person under the age of eighteen years; (h) "commission" means the national commission for asylum established under section 18;25(i) "country of origin" means the country of nationality of the refugee or asylumseeker, or, if he has no nationality, the country of his former ordinary residence;(j) "climate change" means a change of climate which is attributed directly or indirectly to human activity that alters the composition of the global atmosphere and which is in addition to natural climate variability observed over comparable time periods;30(k) "dependent" in relation to an asylum-seeker or a refugee, includes the partner or spouse, any dependent child, aged or infirm family member of such asylum-seeker or refugee; or any person the commission may consider, upon assessment, as member of a family taking into account the meaning of family in their culture and/or existence of economic dependency among them;35(l) "disaster" means serious disruption of the functioning of a community or a society at any scale due to hazardous events interacting with conditions of exposure, vulnerability and capacity, leading to one or more of the following: human, material, economic and environmental losses and impats;40(m) "foreigner" means a person who is not a citizen of india or has not been recognized by the central government as having rights and obligations of an indian citizen;(n) "hearing" means the proceedings before the commission or the appellate board, as the case may be, under the provisions of this act;(o) "judicial member" means a member of the commission or the appellate board appointed as such and includes the president or the chairperson, as the case may be, appointed under section 20 and under section 25;45(p) "member" means a member, whether judicial or technical of the commission or the appellate board and includes the president or the chairperson, as the case may be appointed under section 20 and under section 25;5(q) "nationality" means the status of a person who is attached to a state by the tie of allegiance and includes but not limited to citizenship, membership of an ethnic, linguistic or racial group;(r) "person" means by human along but does not include any company or association or body of individuals, whether incorporated or not;10(s) "persons with special needs" include unaccompanied children, disabled persons, aged or infirm persons, pregnant women, single mothers or single fathers with accompanying child or children or persons who are survivors of torture, rape or other serious psychological, physical or sexual violence;(t) "prescribed" means prescribed by rules made under this act; (u) "president" means the president of the appellate board;15(v) "refugee" means an applicant whose application for asylum has been determined to meet the criteria provided under section 4 by the commission or the appellate board, as the case may be, under the terms of this act or who has been declared to be a refugee by a notification under section 35;20(w) "serious non-political offence" means any offence which may be specified by the central government by notification in the official gazette;(x) "technical member" means a member of the commission or the appellate board appointed as under section 25(y) "united nations high commissioner for refugess" means any office of the united nations high commissioner for refugees in india253 in exercising the powers conferred by this act, regard shall be had to the following considerations, namely—principles of refugee protection(a) that all foreigners who have faced or are at risk of facing persecution in their country of origin, and who enter india, whether directly from their country of origin or indirectly, or who are already present in india, are entitled to seek asylum;30(b) that care has to be taken to ensure that the principle of non-refoulement mentioned under section 8 is upheld;(c) that the determination of applications for asylum must be by a fair and transparent system that shall abide at all times with the norms of due process;35(d) that asylum-seekers are entitled to interim legal protection and shall not be expelled or returned before a final decision on asylum is reached;(e) that asylum-seekers and refugees are vulnerable persons deserving of basic social and economic protection;40(f) that the repatriation of a refugee to his country of origin shall be conducted in a safe and dignified manner and only after ensuring that the decision to repatriate is voluntary and informed;(g) that the unity of a refugee's family shall be maintained; (h) that the provisions of this act shall apply to refugees without discrimination as to race, religion, sex, sexual orientation, nationality, ethnicity, place of birth;45(i) that the commission shall co-ordinate all measures necessary for promoting the welfare and protection, assistance and legal support for refugees and formulate policy on refugee matters in accordance with international standards; and50(j) that the commission shall ensure that economic and productive activities of a refugee do not have a negative impact on host communities, natural resources or the local environment and ensure sustainable use of resources in desinated refugee hosting areas chater ii principles of refugee status4 (1) a person qualifies as a refugee for the purposes of this act if such person—criteria for recognition as a refugee5(a) is outside his country of origin and is unable or unwilling to return to or availhimself of the protection of that country because of a well-founded fear of persecution on account of race, religion, sex, sexual orientation or gender identity, nationality, ethnicity, membership of a particular social group or political opinion or has been displaced due to adverse effects of climate change, disasters or other environment factors or a combination of these reasons which has caused serious threat to his life, sustainability and physical integrity; or10(b) has left his country of origin owing to serious and indiscriminate threats oflife, physical integrity or freedom resulting from armed confict, generalized violence or internal conflicts, massive violation of human rights which his state is unable or unwilling to protect15(2) the dependents of a person who qualifies as a refugee under this section shall alsobe deemed to be refugeesexplanation i—in the case of a person who qualified as a refugee is having more than one nationality, the term country of origin shall mean each of the countries of which he has nationality20explanation ii—in this section, a person shall be considered as a refugee where the conditions stipulated under clauses (a) or (b) of this section have taken place afer he has left the country of this nationality or habitual residence5 (1) a person shall be excluded from protection under this act if—exclusion from refugee status25(a) he has committed a crime against peace, a war crime or a crime againsthumanity, as defined in customary international law or any international legal instrument dealing with any such crime which india has acceded to; or(b) he has committed a serious non-political crime outside india prior to hisentry into the national territory; or30(c) he has instigated, abetted or othweise participated in committing the actsmentioned in sub-clauses (a) or (b); or(d) has been convicted of any offence in india which is punishable by a term orimprisonment of at least 10 years; or(e) has committed an act outside india that, if committed in india, would constitutean offence punishable by a term of imprisonment of at least 10 years35(2) the exclusion of the applicant from protection under this act shall not require theexclusion of his dependents where none of the reasons for exclusion applies to them40explanation—in this section a person shall not be considered as a refugee where he has voluntarily left his country in order to take up residence elsewhere and in doing so was moved by the desire for change or adventure, or by family or other reasons of a personal nature or if be is moved exclusively by economic considerations, he will be considered an economic migrant6 (1) a person shall cease to be a refugee for the purposes of this act if—cessation of refugee status(a) he can no longer refuse to avail himself of the protection of the country ofhis citizenship, because the circumstances in respect to which he was recognised as a refugee have ceased to exist; or45(b) he voluntarily re-avails himself of the protection of his country of origin; or (c) he has acquired the citizenship of india; or(d) he has acquired the citizenship of some other country and enjoys the protection of that country; or| ( | e | ) he has voluntarily re-established himself in the country which he left, or ||------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| outside which he remained owing to fear of persecution; or | | || 5 | | || ( | f | ) he has voluntarily regained the citizenship that he had been deprived or; or || ( | g | ) he, having been stateless, is able to return to the country of former ordinary || residence as the circumstances in respect to which he was recognised as a refugees | | || no longer apply | | |(2) in the assessment under clauses (a) and (g) of sub-section (1),—10(i) consideration shall be given to whether there is significant and profoundchanges in circumstances which are enduring and permanent in nature, upon which the status was granted, no longer apply or have changed significantly and permanently; and15(ii) due consideration shall further be given to any compelling reasons presentedby the refugee concerned, arising out of previous persecution, for refusing to return to his country of origin or his former ordinary residence7 (1) the status of a person as a refugee may be cancelled for the purposes of this act if—cancellation and revocation(a) it is found that the inclusion criteria provided by section 4 of the act was notmet at the time of the initial decision; or20(b) it is found that the exclusion criteria provided under section 5 of the act hadnot been applied at the time of the initial decision; or25(c) other reliable information has come to light, after an individual has beenformally recognized as a refugee by the commission, indicating that the individual should not have been recognized , the commission shall initiate procedure to re-examine its decision to assess whether it is appropriate to cancel the refugee status(2) the cancellation procedure of refugee status may be initated if there is reason to believe that recognition may have been granted erroneously as a result of one or more of the following factors:—30(a) he, or a third party acting on his behalf, misrepresented or concealed factsthat were material to the determination of refugee status, with or without fraudulent intent; orgrounds for commencing cancellation procedure(b) he is guilty of misconduct, including thereats or bribery; or (c) there was an error of fact or law in the granting of the status; or35(d) there was misconduct or administative error at any stage in the hearing,including the wrongful issuance of relevant documentsprinciple of nonrefoulement408 (1) notwithstanding anything contained in this act or any other law for the time being in force, no person may be refused entry into india or expelled or extradited or deported under any circumstances except for reasons contained in this act or in any manner whatsoever if, as a result of such refusal, expulsion, extradition, deportation, return or other measure, such person is compelled to return to or remain in a country where:| ( | a | ) his life or freedom would be threatened on account of his race, religion, ||--------------------------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------------|| gender, sex, sexual orientation, nationality, ethnicity, membership of a particular social | | || group or political opinion; or | | || 45 | | || ( | b | ) there are serious and indiscriminate threats to his life, physical integrity or || freedom resulting from armed conflict, generalized violence or internal conflicts, massive | | || violation of human rights against which the state is unable or unwilling to protect | | |9 (1) subject to section 8, a refugee or asylum-seeker may be removed from india only if—provisions for removal from india(a) the commission has certified that the refugee or asylum-seaker falls within the grounds specified under sub-section (1) of section 5, or sub-section (1) of section 6 or section 7; or5(b) his application for asylum has been finally denied10(2) the removal of a person on the grounds specified in sub-section (1) shall be effected only after such person has been duly informed, in writing, of the intention of the central government to remove him and given the opportunity to show cause against such removal, within such time and in such manner as may be prescribed(3) where an order is made for the removal of a refugee or asylum-seeker from india, any dependent of such refugee or asylum-seeker, who has not been granted asylum, may be included in such an order and removed from india;15provided that before any order for the removal of a dependent is made, such dependent shall be afforded a reasonable opportunity to make an application for asylum and he either fails to apply or his application for asylum is finaly denied by the appellate board(4) the central government may, by an order in writing, cause any refugee or asylum seeker ordered to be removed from india, to be detained pending such removal:20provided that no person shall be detained for period of more than thirty days unless there are sufficient reason existing, then the detention may extended for a period of another thirty days:provided further that the concerned refugee or asylum seeker shall be treated with dignity and in accordance with international standards:provided also that the detention shall not be punitive in nature25(5) where an order for removal is made, the concerned refugee or asylum-seeker shall be removed to his country of origin;provided that where such refugee or asylum-seeker wishes to be removed to a third country, he shall be afforded reasonable time to obtain approval from such country, for his removal to that country:30(6) an order for removal shall be made by central government in writing along with reasons and shall also contain the conditions and duration of detention, if any, and in a language and in terms which the concerned refugee or asylum seeker understands(7) an order for removal shall not be made until the final determination of an application for asylum under this act35(8) the commission shall, in collaboration with the country of origin, the united nations high commissioner for refugees and other partners, provide every possible assistance to facilitate the regurn of refugees against whom the order of removal is madefamily unification10 (1) a family member of an asylum-seeker, as provided for in this act, shall be permitted to enter and remain in india until his case is finally decided40(2) a family member of a recognized refugee, as provided for in this act, shall be permitted to enter and remain in india(3) a family member of an asylum-seeker or recognized refugee in india shall be entitled to all the rights and be subject to the duties of the refugee or asylum-seeker(4) nothing in this section shall prevent a family member of a recognized refugee or asylum seeker in india to apply for a refugee status by themselves45(5) family members of a recognized refugee may apply for derivative refugee status provided that individuals who obtain derivative refugee status shall enjoy the same rights and entitlements as other recognized refugees, and shall retain this status notwithstanding the subsequent dissolution of the family through separation, divorce, death, or the fact that a child reaches the age of majority:5provided that the provision of section 6 and section 7 shall also apply to persons whohave received derivative refugee status10explanation— the categories of persons who shall be considered eligible for derivative status shall include partner or spouses of the recognized refugee; the parents or primary caregivers of the recognized refugee who is under 18 years, as well as the dependents of the adult parent or caregiver; the minor siblings of a recognized refugee who is under 18 year and other family members where it is determined that there is a relationship of social, emotional or economic dependency exists between them and the principal applicant chapter iii procedure to apply for asylum15application for asylum11 (1) every asylum-seeker shall have the right to make an application for asylum addressed to the commission in such manner as may be prescribed20(2) without prejudice to section 35, where a police officer or any other person exercising powers under the foreigners act, 1946, intercepts a foreigner who is seeking entry into india at any port of entry or international border or within india and who expresses the intention to make an application for asylum, such police officer or person shall not deny such entry such asylum-seeker and shall give him the necessary information regarding the procedure for asylum, and assist him in making an application for asylum under this act:provided that a person already residing in india on long term visa shall make his application for the asylum within six months of the establishment of the commission25(3) an application for asylum shall be made to the commission within sixty daysfollowing the asylum seeker's entry into india:provided that the commission may extend the period for making an application for asylum if it is satisfied that the asylum-seeker was prevented for sufficient reasons from filing the application:30provided further that the commission may, after due consideration, admit an applicationfor asylum after the said period of sixty days, where such application is based on a claim arising as a consequence of events which have occurred in the asylum-seeker's country of origin since his departure, or because of a significant intensification of pre-existing factors since his departure, or because of a change in his personal circumstances:35provided also that the commission may, after due to consideration, admit a freshapplication for asylum made by the asylum-seeker after the said period of sixty days, where his previous application for asylum was finally rejected, provided however that such fresh application for asylum shall arise out of change in the asylum-seeker's personal circumstances or change in the circumstances in his country of origin40(4) the commission may permit a person to submit his application for refugee statusthrough another person if he is unable to submit his own application due to circumstances beyound his control, and in such cases a written consent of the asylum-seeker shall be attached to the application made on his behalf45(5) the applicant may apply on behalf of accompanying family members who are nothis dependents but whose applications are on the same grounds, and in such cases a written consent of the adult family members shall be attached to the application made on their behalf(6) no asylum-seeker shall be detained or subjected to any penalty solely on account of his illegal entry into, or stay in india, pending the determination of his application for asylum5(7) every applicant shall, upon submitting the application for asylum, be issued a registration document by the commission in the prescribed form, valid for six months and containing identity information of the applicant and, where applicable, the identity information of his dependents and which shall enable those included in it to stay in india pending the determination of the application for asylum, and shall be issued without being subject to any fee:10provided that where the decision on the application for asylum is not issued before the expiry of the registration document, the document shall be renewed for a further period of sixty days at a time, until a decision is issued(8) where the application for asylum is rejected by the commission, the registration document shall be renewed for a period fo sixty days from the date of such decision:15provided that where the applicant files and appeal application before the appellate board, the commission shall renew the registration document as provided under sub-section (2) of section 13(9) where the asylum-seeker withdraws or abandons his application, the commission may discontinue the processing of application for refugee status20provided that where the asylum seeker intents to withdraw the application, the commission shall inform the asylum seeker of the consequences of withdrawal:provided also that any request by an applicant to withdraw an application shall recorded in writing, signed by the applicant and the legal representative, if appointed, as confirmation of the fact that the applicant was informed of the consequences of the withdrawal25explanation—for the purpose of this sub-section, grounds for implicit withdrawal or abandonment shall not encompass, nor be applied to, applicants who have no intention of abandoning the procedure, but who may have failed to comply with procedural obligations, where the failure is due to circumstances beyound the applicant's control, or where there is a reasonable explantion30(10) (a) where before a decision is made to apply an exclusion clause under section 5 in an individual case, the commission shall give applicant concerned the opportunity to consider and comment on the evidence on the basis of which exclusion may be decided(b) the notification of intent to cancel or revoke shall be given within such time as may be prescribed and so as to permit preparation of the interview or hearing;35(c) the burden of proof with regard to exclusion shall rest with central government; provided that in circumstance where a presumption of individual responsibility is justified, the burden of proof shall be reversed and the individual concerned shall be required to rebut the presumption40commission to determine application for asylum12 (1) the commission shall examine every application for asylum submitted by the asylum seeker under section 11 and, after giving an opportunity to the applicant to be heard, and after making such further inquiry as is necessary under this act, determine whether the applicant is entitled to be recognised as a refugee in accordance with the principles provided under this act(2) during the assessment, under sub-section (1), the commission shall:45(a) ensure that the applicant is provided with relevant information, in a language he understands, in particular relating to the procedures for refugee status determination and right and obligations of refugess and asylum-seekers;(b) ensure that the applicant is given reasonable time and opportunity to presenthis case;5(c) ensure that the personnel conducting the refugee status determination hasadequate knowledge of indian and internation refugee laws; is competent to take into account the particular circumstances of asylum-seekers; and is selected having due regard to the applicant's preference to be interviewed by a member of a particular gender;(d) take into primary consideration the best interests of the child when examiningand making decision on the application of a child for refugee status10(e) obtain the advice of a medical expert on the nature and degree of mentalillness where the applicant is having mental or emotional disturbances which may impede a normal examination of his case15(f) be responsive to the trauma and emotion of asylum-seeker in cases ofvictims of sexual violence or other forms of trauma and shall stop an interview where the asylum-seeker becomes emotionally distressed and if needed, second and subsequent interviews may be conducted in order to establish trust and obtain all necessary information including psychological or medical evidence(3) the commission shall, within three months of the conclusion of the hearing, issue a decision in accordance with section 15, granting or denying asylum to the applicant20provided that where the decision by the comission is pending and has not beenissued within the period referred to in sub-section (3), such a decision shall be issued within a period of ninety days25(4) where an application fo asylum is accepted by the commission, or where theappeal application is accepted by the appellate board, the commission shall issue a refugee certificate containing identity information and indicating the legal status of the refugee and his dependents where applicable and which shall enable those included in it to stay in india legally(5) where an application for asylum is rejected, the commission shall issue a rejection letter containing detailed reasons for the decision3013 (1) an applicant aggrieved by a decision of the commission made under this act,may, within sixty days from the date of such decision and in such manner and form, as may be prescribed, prefer an appeal to the appellate board:appeal to lie to the appellate boardprovided that the appellate board may accept and appeal application after the stipulated time period if reasonable cause for the delay is shown35(2) on receipt of an appeal application under sub-section (1), the appellate boardshall direct the commission to renew the registration document issued under sub-section (7) of section 11 for a period of sixty days at a time, until a final decision is issued(3) the appellate board may, after giving an opportunity to the applicant to be heard, and after making such further inquiry as is necessary under this act, confirm modify or set aside the decision of the commission40(4) during the hearing under sub-section (3), the applicant shall be entitled to all the rights set out in sub-section (2) of section 12(5) the appellate board shall, within three months of the conclusion of the hearing, issue a decision in accordance with section 1545(6) where an application for asylum is accepted at appeal, the appellate board shalldirect the commission to issue a refugee certificate as under sub-section (4) of section 12(7) where an appeal application is rejected, the appellate board shall issue a rejection letter containing reasons for the decision(8) the decision of the appellate board shall be finalinterview514 (1) all hearing by the commission under section 12 and the appellate boardunder section 13 shall include an in-person interview with the applicant within ninety days of the receipt of the application for asylum, with a view to reaching an effective and fair decision:provided that where the applicant is unable to be physically present for the in-person interview, the commission or, as the case may be, the the appellate board, may make alternative arrangements to ensure that the applicant has the opportunity to be heard10(2) during the asylum interview, the applicant shall be given the opportunity to express himself in the best possible manner and upon the applicant's request, his lawyer shall be permitted to attend the interview as an observer(3) the comission shall conduct the entire hearing under such principles of confidentiality as may be prescribed15(4) the commision shall give due consideration to the circumstances of persons with special needs during the entire hearing(5) the commission shall during the assessment ensure the presence of a qualified interpreter during all the stages of the hearing giving due regard to the applicant's preference to have an interpreter of a particular gender20(6) the commission shall ensure that the interviewers and interpreters shall also be aware of and responsive to any cultural or religious sensitivities or personal factors such as age and level of education(7) the comission shall ensure that all asylum hearings are recorded in writing (8) where dependents are included in the application for asylum, only those above thirteen years of age shall be interviewed by the commission25(9) the commission may invite repersentive of united nations high commisioner for refurgees to participate as an observerdecision to be reasoned15 (1) all decisions of the commission and appellate board shall contain, in writing,the reasons for arriving at the decision, and a copy of the same shall be furnished to the applicant30(2) the decisions, judgements, decrees or orders of the commission and appellate board shall be published, as prescribed, with due regard to principles of confidentialityright to legal representation16 the asylum seeker or refugee, as the case may be, shall have the right to seek theassistance of a legal practitioner of his choice35provided where it appears to the commission that the asylum seeker does not have sufficient means to engage a pleader, the commission shall assign a legal practitioner for his legal assistance at the expense of the state| explanation | —for the purposes of this section legal assistance shall include legal ||-------------------------------------------------------------------------------------------|--------------------------------------------------------------------------|| representation throughout the hearing conducted by the commission or the appellate board, | || as the case may be | || 40 | || confidentiality | || 17 | (1) || acquired under this act except— | || (a) | in the course of his duties under this act; or || (b) | with the consent of the commission | chapter iv constitution, functions and powers of authoritiesestablishment of the commission518 the central government shall, by notification, establish, with effect from six months of coming into force of this act as may be specified therein, a commission to be known as the national commission for asylum to exercise the jurisdiction, powers and authority conferred on such commission by or under this act19(1) the commission shall consist of—(a) a full time chairperson;composition of commission10(b) not less than ten but subject to maximum of twenty full time judicial members as the central government may, from time to time, notify; and(c) not less than ten but subject to maximum of twenty full time expert members, as the central government may, from time to time, notify;15(d) provided that a representative of the united nations high commissioner for refugees may be invited by the commission to participate as an observer at its sittings (2) the chairperson may, if considered necessary, invite any one or more person having specialized knowledge and experience in a particular case before the commission to assist the commission in that case20(3) the central government may, by notification, specify the ordinary place or places of setting of the commission, and the territorial jurisdiction falling under each such place of sitting(4) the central government may, in consultation with the chairperson make rules regulating generally the practice and procedure of the commission including but not limited to—25(a) the rules as to the persons who shall be entitled to appear before the commission;30(b) the rules as to the procedure for hearing applications and appeals and other matters including the circuit procedure for hearing at a place other than the ordinary place of its sitting falling within the jurisdiction referred to in sub-section (3), pertaining to the applications and appeals;(c) the minimum number of members who shall hear the applications and appeals in respect of any class or classes of applications and appeals:35provided that the number of expert members shall, in hearing an application or appeal, be equal to the number of judicial members hearing such application or appeal;(d) rules relating to transfer of cases by the chairperson from one place of sitting (including the ordinary place of sitting) to other place of sitting 20(1) the chairperson shall be a person who is or has been a judge of a high court for five years(2) a person shall not be qualified for appointment as a judicial member unless he—40(a) is, or has been, a judge of a high court; or (b) is, or has been, a district judge for at least five years; or (c) has, for at least ten years been an advocate of a courtappointment of and judicial members and expert member of commissionexplanation—for the purposes of clause (c), in computing the period during which a person has been an advocate of a court, there shall be included any period during which the45person has held judicial office or the office of a member of a tribunal or any post, under the union or a state, requiring special knowledge of law after he become an advocate(3) a person shall not be qualified for appointment as an expert member, unless he,—(a) has a bachelor degree in law, political sciences or international relations, social work or psychology: and5(b) is a person of proven ability, integrity and standing having special knowledge and experience having a experience of fifteen years in the relevant field including five years practical experience in the field of refugee law and policy, or not less than ten years of litigation experience in the field of human rights10(4) the chairperson, judicial member and expert member of the commission shall not hold any other office during their tenure as such15(5) the chairperson and other judicial and expert members shall not, for a period of two years from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any person who has been a party to a proceeding before the commission under this act:provided that nothing contained in this section shall apply to any employment under the central government or a state government or local authority or in any statutory authority or any corporation established by or under any central, or state act or a government company as defined in the companies act, 20138 of 20132021 (1) the commission shall determine:(a) applications for asylum, in accordance with the principles under this act;functions of the commission(b) cessation of refugee status in accordance with section 6; and (c) cancellation or revocation of refugee status in accordance with section 7(2) the commission shall issue documentation in accordance with section 11 and section 1225(3) the commission may also inquire, suo motu or on an application presented to it either by an asylum-seeker, refugee or by someone acting on their behalf, in respect of the following—(a) the detention of an asylum-seeker; or30(b) any conditions or consequent orders to be passed following the determination of asylum; or(c) the repatriation of a refugee; or (d) any other order that may be necessary under this act35(4) the commission shall maintain a record of the details, as prescribed, of applicants who have been granted refugee status under the terms of this act and shall make the same periodically available to the central government(5) the commission may consult agencies of the united nations, non-governmental organizations or experts for the purposes of this act(6) the commission shall undertake such measures and give such directions or pass such orders as are necessary for the purpose of discharging its functions under this act40powers of the commission22 (1) in the discharge of its functions, the commission shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules made by the central government, the commission shall have the power to regulate its own procedure45(2) the chairperson and the members shall have the power to delegate to one another such powers or functions as may be prescribed5(3) in particular and without prejudice to the generality of the foregoing provisions, the powers of the commission shall include the power to determine the extent to which persons interested, or claiming to be interested, in the subject-matter of any proceeding before it may be allowed to be present or to be heard, either by themselves or by their representatives, or to examine witnesses, or otherwise take part in the proceedings:provided that any such procedure as may be prescribed or followed shall be guided by the principles of natural justice5 of 190810(4) the commission, for the purposes of any inquiry or for any other purpose under this act, shall have the same powers as vested in a civil court under the code of civil procedure, 1908, while trying suits in respect of the following matters, namely—(a) summoning and enforcing the attendance of any person from any part ofindia and examining him on oath;(b) the discovery and production of any document or other material objectproducible as evidence;15(c) the reception of evidence on affidavit; (d) the requisitioning of any public record from any court or office; (e) the issuing of any commission for the examination of witnesses; and (f) any other matter which may be prescribed20(5) the commission may cause an inquiry to be made into the compliance of its orders or directions made in the exercise of its powers under this act, and may impose such penalties as may be prescribed(6) the commission, with a view to rectifying any mistake apparent from the record, shall have the power to amend any order or direction passed by it under the provisions of this act:25provided that the commission shall not, while rectifying any mistake apparent fromthe record, amend the substantive part of such order or direction (7) the commission may, appoint such administrative, technical, and other staff as it may consider necessary23 (1) the commission shall ensure that—30special protection to persons with specific needs(a) women refugee and asylum-seeker shall have equal enjoyment of rights andprotections enshrined under relevant laws in particular, and specific measures may be taken to protect them from gender based violence and exploitation;35(b) a child refugee and asylum-seeker shall enjoy the rights and protectionsenshrined under relevant laws in particular and specific measures may be taken to protect those who have been subjected to rape, torture, or other physical or psychological abuse and protect them from abuse, neglect, exploitation and trafficking; and(c) special protection and assistance to other refugees and asylum-seekers withspecific needs may be provided commensurate with their needs40establishment of the appellate board24 the central government shall, by notification, constitute, with effect from suchdate as may be specified therein, an appellate board to be known as the national appellate board of asylum consisting of a president and such number of judicial and technical members, not exceeding eleven, as the central government may deem fit, to be appointed by it by notification, for hearing appeals against the orders of the commission4525 (1) the appellate board shall consist of a president, and other members appointedby the selection committee under section 28qualifications of president and members of appellate board(2) the president shall be a person who is or has been a judge of the supreme courtor the chief justice of a high court(3) a judicial member shall be a person who is or has been a judge of a high court or is a judicial member of the commission for five years(4) a technical member shall be a person of proven ability, integrity and standing having special knowledge and experience, of not less than twenty-five years in international law, human rights, refugee law and policy5functions of the appellate board26 (1) the appellate board may, suo motu or on the presentation of an appeal application, examine, confirm, modify or set aside any decision, direction, judgment, decree or order of the commission10(2) the appellate board may also inquire on an appeal application presented to it either by an asylum-seeker or by someone acting on his behalf, in respect of any decision or order given by the commission under sub-section (3) of section 22(3) the appellate board shall direct the commission to issue documentation in accordance with section 1315(4) the appellate board may consult agencies of the united nations, nongovernmental organizations or experts for the purposes of this act(5) the appellate board shall undertake such measures and give such directions or pass such orders as are necessary, for the purpose of discharging its functions under this act20(6) the appellate board shall have the power to review any decision, judgment, decree or order made by it in such manner as may be prescribedpowers of the appellate board27 (1) in the discharge of its functions, the appellate board shall be guided by the principles of natural justice and, subject to the other provisions of this act and any rules made by the central government, the appellate board shall have the power to regulate its own procedures25(2) the president and the members of the appellate board shall have the power to delegate to one another such powers or functions as may be prescribed30(3) in particular and without prejudice to the generality of the foregoing provisions, the powers of the appellate board shall include the power to determine the extent to which persons interested, or claiming to be interested, in the subject-matter of any proceeding before it may be allowed to be present or to be heard, either by themselves or by their representatives, or to examine witnesses or otherwise take part in the hearing:provided that any such procedure, as may be prescribed, or followed shall be guided by the principles of natural justice35(4) the appellate board, for the purposes of any inquiry or for any other purpose under this act, shall have the same powers as vested in a civil court under the code of civil procedure, 1908, while trying suits in respect of the following matters, namely,—5 of 1908(a) summoning and enforcing the attendance of any person from any part ofindia and examining him on oath;(b) the discovery and production of any document or other material objectproducible as evidence;40(c) the reception of evidence on affidavit; (d) the requisitioning of any public record from any court or office; (e) the issuing of any commission for the examination of witnesses; and (f) any other matter which may be prescribed45(5) the appellate board may cause an inquiry to be made into the compliance of its orders or directions made in the exercise of its powers under the act and impose such penalties as may be prescribed(6) the appellate board, with a view of rectifying any mistake apparent from the record, shall have the power to amend any order or direction passed by it under the provisions of this act:5provided that the appellate board shall not, while rectifying any mistake apparent from the record, amend the substantive part of such order or direction(7) the appellate board may, appoint such administrative, technical and other staff as it may consider necessary1028 (1) the president of the appellate board and the chairperson and judicial members of the commission, shall be appointed by central government after consultation with the chief justice of indiaselection of members of commission and appellate board(2) the members of the commission and the technical members of the appellate board shall be appointed on the recommendation of a selection committee consisting of—(a) chief justice of india or his nominee—chairperson;15(b) a senior judge of the supreme court or a chief justice of high court—member;(c) secretary in the ministry of external affairs—member;(d) secretary in the ministry of law and justice—member; (e) secretary in the ministry of women and child development—member; (f) secretary in the ministry labour and employment—member;20(g) secretary in the ministry of human resource development—member; and (h) secretary in ministry of health and family welfare—member(3) the secretary, ministry of home affairs shall be the convener of the selection committee25(4) the selection committee shall determine its procedure for recommending persons under sub-section (2)(5) no appointment of the members of the commission or the appellate board shall be invalid merely by reason of any vacancy or any defect in the constitution of the selection committee3029 (1) at the time of appointing the president, chairperson or member, the central government shall satisfy itself that such person does not and will not have any financial or other interest as is likely to affect prejudicially his functions as such president, chairperson or memberterm of office, conditions of service, etc of the president, chairperson and the members35(2) the president, chairperson or member shall hold office for a term of five years from the date on which he enters his office and shall be eligible for reappointment for a further term of five years:provided that no person shall hold office after he has attained the age of seventy years(3) notwithstanding anything contained in sub-section (2), the president, chairperson member may—40(a) by notice in writing under his hand and addressed to the concerned authorityof the central government, resign from his office at any time; or(b) be removed from office in accordance with the provisions of section 30(4) a vacancy caused by the resignation or removal of the president, chairperson or member under sub-section (3) shall be filled by fresh appointment(5) in the event of a vacancy in the post of the president or chairperson, one of the judicial members as the case may be, as the central government may by notification authorize in this behalf, shall act as the president or chairperson, till such date on which a new president or chairperson, appointed in accordance with the provisions of this act, enters office5(6) when the president or chairperson is unable to discharge his functions owing to absence, illness or any other cause, such one of the judicial members, as the case may be, as the president or chairperson may authorize in writing in this behalf, shall discharge the functions of the president or chairperson, till such date on which the president or chairperson resumes his duties10(7) the salaries and allowances payable to, and the other terms and conditions of service of, the president, chairperson and member shall be such as may be prescribed:provided that neither the salary and allowances nor the other terms and conditions of service of the president, chairperson or member shall be varied to his disadvantage after his appointment15(8) the president or chairperson, upon ceasing to hold such office, shall not hold any appointment under the central government or under any state government for a period of two years from the date on which he ceases to hold such office, except where the chairperson is appointed to the appellate board, subject to the provisions of this act20(9) a member, upon ceasing to hold such office, shall not hold any appointment under the central government or under any state government for a period of two years from the date on which he ceases to hold such office, except where he is appointed chairperson, subject to the provisions of this act30 (1) the central government may remove from office a president, chairperson or member, who,—25(a) is adjudged an insolvent; or (b) engages during his term of office in any paid employment outside the duties of his office; or(c) is unfit to continue in office by reason of infirmity of mind or body; or (d) is of unsound mind and stands so declared by a competent court; or30(e) is convicted for an offence which in the opinion of the central government involves moral turpitude; or(f) has acquired such financial or other interest as is likely to affect prejudicially the functions of his office; or35(g) has so abused his position as to render his continuance in office prejudicial to the public interest40(2) notwithstanding anything contained in sub-section (1), neither the president nor the chairperson or member shall be removed from office on the grounds specified in clause (f) or clause (g) of that sub-section unless the supreme court, on a reference being made to it in this behalf by the central government, has, on an inquiry held by it in accordance with such procedure as it may be specified in this behalf, has reported that the concerned president, chairperson or member ought, on such grounds, to be removed4531 (1) the central government shall appoint a secretary to the commission and a secretary, by whatever name called, to the appellate board to exercise and perform, under the control of the commission or, as the case may be, appellate board, such powers and duties as may be prescribed or as may be specified by the commission or the appellate boardsecretary, officers and other employees of commission or appellate board(2) the secretary to the commission or the appellate board, as the case may be, shall have the powers of general superintendence, direction and control in respect of all administrative matters of the commission or the appellate board:5provided that the secretary to the commission or the appellate board may delegatesuch of his powers, as he may think fit, to any other officer of the commission or the appellate board(3) the salaries and allowances payable to, and the conditions of service of, the secretary and other officers and employees of the commission and the appellate board shall be such as may be prescribed1032 no act or proceeding of the commission, or, as the case may be, the appellateboard, shall be questioned on the ground merely of the existence of any vacancy or defect in the appointment of the president, chairperson or member, or any defect in the appointment of a person acting as the president, or membervacancies, etc not to invalidate proceedings of the commission and the appellate board1533 the president, chairperson, members and other permanent staff of the commission and the appellate board shall be deemed to be public servants within the meaning of section 21 of the indian penal code, 186045 of 1860president, chairperson and members to be public servants2 of 19742034 the commission and the appellate board shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 and every proceeding before the commission or the appellate board shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code, 186045 of 1860proceedings before commission or appellate board to be judicial proceedings chapter v large movements of refugees2535 (1) the central government may, by notification in the official gazette, declare such class of persons in a large movements that meet the criteria set out in section 4 to be refugess as defined under clause (v) of section 2power of the central government with respect to large movements of refugees30(2) when recognizing a group of asylum-seekers as refugees in accordance with this section, the central government shall, in consultation with united nations high commissioner for refugees in india, issue a detailed directive containing a description of the events in the country of origin or former habitual residence of the asylum-seekers underlying the decision, the characteristics of the group of beneficiaries to whom the decision applies and the applicable date of the decision35(3) the persons who have crossed an international border as part of a large movements but are not declared to be refugees by a notification of the central government under sub-section (1) shall be allowed to make an application for asylum under section 11 of this actregistration36 (1) the central government may cause all class of persons notified under section35 to register their names in such form and manner as may be prescribed40(2) a refugee who has registered his name in accordance with sub-section (1) shall be issued an identity card in such form and manner as may be prescribed, which shall entitle him to all of the rights set out in section 4137 (1) the central government may, by order, impose reasonable restrictions on the movement or location of large movements refugees:special provisions with regard to movement etcprovided that nothing in this sub-section shall impair the right of a refugee to seek and enter employment outside the designated area in such manner as may be prescribed45(2) the central government may, by order in writing, cause any refugee found violating the restrictions imposed under sub-section (1) to be detained(3) nothing in this section shall apply to any refugee who has been granted asylum in india following an application for asylum made under section 11538 (1) the central government may, by notification in the official gazette, extend, alter, substitute or withdraw a notification concerning large movement of refugees made under section 35:modification in notification concerning large movement of refugeesprovided that such extension, alteration, substitution or withdrawal shall apply only to asylum-seekers arriving after the date of notification:10provided further that such notification shall be issued on the grounds of public order, public health or national securityexplanation (1)—nothing in this section shall affect the individual refugee status granted under section 4 of this act(2) any action revoking or altering the grant of refugee status to large movements or refugees shall be reviewed by the commission15 chapter vi provisions related to voluntary repatriationvoluntary repatriation39 (1) a refugee shall have the right to a free and informed choice to seek to repatriate, in safety and with dignity, to his country of nationality or former habitual residence20(2) subject to the provisions of this act, the central government may assist in repatriation refugees to their country of origin and for this purpose the central government shall carry out any voluntary repatriation activities in cooperation with international organizations, public institutions and agencies, and civil society organizations(3) a refugee who wishes to be voluntarily repatriated to his country of origin shall make a written application to the commission in such form and manner as may be prescribed25(4) no refugee may be repatriated unless the commission is satisfied, after conducting an inquiry, that the written application for repatriation is voluntary and genuine and that a repatriation to the country of origin is possible in a safe and dignified manner30(5) the commission shall, in collaboration with the country of origin, the united nations high commissioner for refugees and other partners, provide every possible assistance to facilitate the voluntary, safe and dignified return of refugees who request repatriation(6) any order of repatriation by the central government shall be placed before the chairperson for his information and for such further orders of directions as he may deem necessary and in accordance with non-refoulement provisions35(7) no order of repatriation of the central government shall be implemented unless it has received the approval of the commission chapter vii rights of refugees and asylum-seekers4040 (1) subject to the provisions of this act, every refugee or asylum seeker in india—(a) shall be entitled to the rights and be subject to the obligations contained in the international conventions to which india is party; and(b) shall be subject to all laws in force in india in so far as they are not inconsistent with this actprotection and general rights of refugees41 (1) a refugee who has been granted asylum in pursuance of an application for asylum under section 11 and class of persons notified as refugees under section 35 shall be entitlted to:5(a) right to residence by way of a formal written recognition of asylum in theform and manner as may be prescibed under section 13 and section 14 that constitutes an enforceable basis for his continued residence in india;(b) identity paper and travel document of such nature described in sectin 44:10provided that the issued travel document shall enable the refugee to tavel outside of india on written application to the commission, unless there are security reasons or public order concerns that require otherwise;(c) receive free and compulsory primary education; (d) access to secondary education; higher education; technical and vocationeducation and training; and adult and non-formal education within available resources and subject to the education policy of india;15(e) receive the most favorable treatment as accorded to foreign nationals inrespect to education other than primary education, in particular, as regards access to studies, the recognition of foreign school certificates, diplomas and degrees, the remission of fees and charges and the award of scholarships;(f) the same healthcare rights and services that apply to indian citizens;20(g) engage in wage earning employment in the same circumstance as the mostfavorable treatment accorded to foreign nationals pursuant to relevant laws;25(h) engage, on his own account, including, in agriculture, industry, small and micro enterprise, handicrafts and commerce, and to establish business organizations, in the same circumstance as the most favorable treatment accorded to foreign nationals pursuant to relevant laws;(i) academic credentials authenticated by the competent government authority, and who desires to practice his profession, may be accorded the most favorable treatment as accorded to foreign nationals in areas permitted to foreign nationals;30(2) there shall not be any discrimination between refugees and indian citizens who are engaged in activities stipulated under this section(3) refugees who are engaged in activities stipulated under this section, shall be entitled to the rights conferred and be subjected to the obligations imposed by applicable national laws(4) notwithstanding this section, any refugee shall have no right to be employed on regular basis in the national defence, security, foreign affairs and other similar offices35(5) (i) every refugee shall have a right to choose his place of residence and move freely within the territory of india, subject to any reasonable restrictions that may be imposed in the public interest40(ii) right to move relevant courts of law by appropriate proceedings for the enforcement of the relevant rights conferred under the constitution and the other laws in india;(iii) may have access to free legal counselling or assistance provided by the united nations high commissioner for refugees or in accordance with the laws of india; and(iv) shall be entitled to fair and just treatment in accordance with due process and procedure established by law;45(v) shall have freedom from discrimination on the basis of race, religion, sex, nationality, ethnicity, place of birth or any of them;(vi) shall have the right to open a personal bank account, deposit, transfer or withdraw money and obtain other banking services, same as any other citizen, using identification document issued by the commission(6) refugees shall not be subject to imposition of any duty, charge or tax, of any description whatsoever, higher than imposed on citizens in the same circumstances42 (1) an asylum-seeker whose application for asylum under section 11 is pending, shall be entitled to:rights of asylumseekers5(a) a temporary identity document that constitutes an enforceable basis for hiscontinued presence in india;(b) seek and enter employment in accordance with government policy;(c) the same healthcare rights and services that apply to indian citizens;(d) free and compulsory primary education;10(e) freedom from discrimination on the basis of race, religion, sex, nationality,ethnicity, place of birth or any of them;(f) the right to move relevant courts of law by appropriate proceedings for the enforcement of rights conferred by the relevant laws in india; and(g) protection against arbitrary or prolonged detention1543 the rights and benefits extended to refugees or asylum-seekers shall not be construed to provide more rights and benefits than those accorded to citizensrights not to be more than citizens44 (1) all refugees or asylum-seekers shall be entitled to a legally enforceable document of identity issued by the central government which shall mention—identity and travel documents(a) the identity number of the holder, issued in the prescribed manner;20(b) the holder's legal status in india; (c) the holder's surname, forename(s), sex, date of birth, and place or countrywhere he was born;(d) the country of which the holders is a citizen, if any; and (e) a recent photograh of the holder25(2) the document of identity shall be valid for a period of five years and may be renewed for such period as may be prescribed(3) the document of identity shall bear the seal of the government authority that issues it30(4) a refugee whose grant of asylum was made in pursuance of an application for asylum under section 11 shall be entitled to a legally enforceable document authorising his travel from and to india, subject to such restrictions as may be specified in this regard by the central government chapter viii technical assistance35technical assistance45 the central government, the commission or the appellate board, as the case may be, may seek the good offices of the united nations or other relevant agencies for its expertise, technical assistance and guidance in relation to any matter arising under this act chapter ix finance, audit and annual report40grants by the central government46 (1) the central government, shall after due appropriation made by parliament,by law in this behalf, pay to the appellate and the commission board, by way of grants, such sums of money as the central government may think fit for being utilised for the purposes of this act(2) the commission and the appellate board may spend such sums as it thinks fit for performing the functions under this act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1)accounts and audit547 (1) the appellate board and the commission shall maintain proper accounts andother relevant records, and prepare an annual statement of accounts, in such form as may be prescribed by the central government in consultation with the comptroller and auditor- general of india10(2) the accounts of the appellate board and the commission shall be audited by the comptroller and auditor-general at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the appellate board and commission to the comptroller and auditor-general15(3) the comptroller and auditor-general or any person appointed by him in connection with the audit of the accounts of the appellate board and the commission under this act, shall have the same rights, privileges, and authority in connection with such audit, as the comptroller and auditor-general generally has in connection with the audit of central government accounts:provided further that the comptroller and auditor-general shall, in particular, have the right to demand the production of books accounts, connected vouchers and other documents and papers, and to inspect any of the offices of the commission and the appellate board20(4) the accounts of the appellate board and the commission as certified by the comptroller and auditor-general or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government by the commission and the appellate board25(5) the central government shall cause the audit report forwarded under sub-section (4) to be laid before each house of parliament as soon as may be after it is receivedannual report48 (1) the appellate board and the commission shall prepare, once in every year, in such form and at such time as may be prescribed, an annual report giving a full account of its activities during the previous year, copies of which shall be forwarded to the central government30(2) a copy of the report received under sub-section (1) shall be laid, as soon as may be after it is received, before each house of parliament chapter x miscellaneouspower to make rules3549 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act(2) in particular, and without prejudice to the generality of the foregoing provision, such rules may provide for—(a) the procedure for removing a refugee or asylum-seeker from india under section 9;40(b) the detention of refugees or asylum-seekers; (c) the procedure regarding an application for asylum, subject to the provisionscontained under this act;(d) the salaries and allowances and other terms and conditions of service of the president, chairperson, and members under section 29;45(e) the salaries and allowances and other terms and conditions of service of the secretary and other staf for the appellate board and commission under section 31;(f) the reception and registration of class of persons as refugees, and all other matters connected to the management of such refugees;(g) the procedure for voluntary repatriation of refugees;5(h) the enforcement of the rights and duties of refugees and asylum seekers;and10(3) every rule make under this act shall be laid, as soon as may be after it is made, before each house of parliament, white 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 them expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule of both the houses agree that the rule should not be made, the rules 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 rule15empowerment of concerned authorities50 the central government may by order empower the concerned authorities toassist and cooperate with the appellate board and the commission for the enforcement of this actbar or jurisdiction2051 on and from the appointed day, no court or authority shall have, or be entitled toexercise, any jurisdiction, powers or authority in relation to matters specified in this act, except the supreme court and the high court exercising powers under articles 32, 226 and 227 of the constitutionprotection of action taken in good faith52 no suit or other legal proceeding shall lie against the central govenment, stategovernment, appellate board, commission or any person acting under the direction either of the central government, state government, appellate board or commission in respect of anything which is, in good faith, done or intended to be done, in pursuance of this act or of any rules or any order made there under2553 the provisions of this act shall have effect not withstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect statement of objects and reasonsindia is one of the most prominent refugee receiving countries in the world according to refugee international estimates, india hosts around 3,30,000 refugees and its refugee population includes sri lankans, tibetans, chinese and other minorities from burma, bhutan, afghanistan, an unspecified but massive number of hindus from bangladesh, a number of nepalese who fled the maoist insurgency, and more than 400 from other countries despite this, india is neither a signatory to the 1951 un convention relating to the status of refugees nor does it have a domestic asylum frameworkthe indian state has been very flexible in its treatment of some of the refugee communities yet it has no national refugee law specifying the rights and governing the treatment of refugees as a result, different refugee communities have been subjected to varying standards of protectionindia has signed numerous human rights instruments that articulate a commitment to protection of refugees under the terms of the universal declaration of human rights (udhr) and the international covenant on civil and political rights (iccpr)the judiciary has also accorded constitutional protection to refugees in its judgment in national human rights commission vs state of arunachal pradesh & anr in 1996 the supreme court held that the fundamental right to equality under article 14 and the right to life and personal liberty under article 21 extends to all foreigners, including refugees apart from protection under the constitution, refugees also receive support from a body of complementary law and practice such as the right to education act, 2009 (rte) and health services the government of india relies on the foreigners act, 1946 and the registration of foreigners act, 1939 to govern the entry, stay, and exit of all refugeeshowever, these legislations treat refugees as foreigners and fail to take into account their special status on humanitarian grounds or under international law they are not equipped to support the country's need to deal with asylum-seekers and migration movements as a member of the executive committee of the united nations high commissioner for refugee (unhcr), india is committed to protect refugees and has also offered its assistance to refugees from syria, myanmar, and afghanistan therefore, it has become increasingly important to enact a structured framework to establish a clear and consistent regimethe status of refugees is presently determined by the extent of protection they receive from the government of india which in turn has been influenced more by political equations than by humanitarian or legal obligations it is important to mention that in 1997 india had drafted a model law on refugees under the guidance of justice pn bhagwati, the former chief justice of india, but it was not enacted in addition it is a glaring anomaly that india is the only significant member of the un without a refugee law, that too at a time when it is seeking recognition as a responsible international power through a permanent seat at the unthe proposed bill seeks to incorporate the current policy on refugees, the principles of the constitution, and india's international obligations the provisions of the bill provide clarity and uniformity on the recognition of asylum-seekers as refugees and their rights in the country the bill also provides for two different provisions to determine refugee status, individual and prima facie, latter of which gives discretion to the central government with respect to large movement of refugeesindia has been, and continues to be, a generous host to several persecuted communities, doing more than many countries who are signatories to the un refugee convention, 1951this bill will finally recognise india's long-standing and continuing commitment to humanitarian and democratic values while dealing with refugeeshence this bill financial memorandumclause 16 provides for a legal representation where pleader is to be provided at the expense of the state to asylum-seeker who is unable to afford it clause 18 of the bill provides for the establishment of the national commission for asylum clause 19 provides appointment of a chairperson, not less than 10 judicial members and not less than 10 expert members sub-clause 3 of clause 19 provides central government shall specify the ordinary place or places of sitting of the commission, and the territorial jurisdiction falling under each such place of sitting clause 22 provides for appointment of administrative, technical and other staff to the commission clause 24 provides for the establishment of the national appellate board for asylum which shall consist of a president and other members clause 27 provides for appointment of administrative, technical and other staff to the appellate board clause 29 provides that the salaries and allowances payable to the president, chairperson, and members shall be prescribed by the central government clause 31 provides for the appointment of a secretary to the commission and a secretary to the appellate board to exercise the powers of general superintendence, direction and control in respect of all administrative matters of the commission or appellate board it also provides for salaries and allowances payable to the secretary and other officers and employees of the commission and the appellate board shall be such as may be prescribed by the central government clause 41 provides that same healthcare rights which apply to indian citizens and service and free and compulsory primary education shall be provided to the refugee who has been granted aslym clause 42 provides that same healthcare rights and services as applicable to indian citizens and free and compulsory primary education shall be provided to asylum seekers and mass influex refugees clause 46 provides that the central government shall provides grants fo sums of money to the commission and appellate board for carrying out the purposes of this 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 fifty crore per annum would be involve from the consolidated fund of india a non-recurring expenditure is also likely to involve memorandum regarding delegated legislationclause 49 of the bill empowers the central government to make rules for carrying out the provisions of the bill as the rules will relate to matter of detail only, the delegation of legislative power is of normal character————— a billto provide for the establishment of an effective system to protect refugees and asylumseekers by means of an appropriate legal framework to determine claims for asylum and to provide for the rights and obligations flowing from such status and matters connected therewith or incidental thereto—————(shri husain dalwai, mp)mgipmrnd—5259rs(s3)—07-02-2020

Parliament_bills

5309c132-fb6b-5088-b67f-457826ced28d

the banaras hindu university (amendment) bill, 1958(as introduced in lok sabra) bill,1958 (as introduced in lok sabha) a billjurther '0 ame71d the banaras hindu univerrity act, 1915 bl it enactpd by parliament in the ninth year of the republic o[ india as follows:-1 this act may be called the banaru hindu university (amend- short ment) act, 1958 title of i9is 5 2 for section 9 oi the banaras hindu university act, 1915 (here- substituinafter referred to as the principal act), the following section shall tion of b b· ted i new sece su stltu ,name y:-tion for section 9 "9 the court shall be an advisory body and its functions the court shall be-10 (a) to advise the vis~tor in respect of any matter which may be referred to it for advice; (b) to advise any authority of the university in respect of any matter which may be referred to the court by such authority; and (c) to perform such other duties and exercise such other powers as may be assigned to it by the visitor or under this act!' 3 after section 12 of the principal act, the following section shall be inserted, namely:-"12a no act or proceeding of any authority or body of the university shall be invalid by reason only of the existence of any vacancy nmong its members or any defect in the constitu- 5 tion thereof" insertion of new section 12a proceedings of university authorities or bodies not to be invalidated by vacanciies, etc amendment of section 17 amendment of section 18 4 in section 17 of the principal act, for sub-sections (3), (4), (5), (6) and (7), the following sub-section shall be substituted, namely:--ly:-, (3) the executive council may, from time to time, nmke 10 new or additional statutes or may amend or repeal the statutes; but every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may sanction, disallow or remit it for further consideration" is 5 in section 18 of the principal act, for sub-sections (5), (6), (7) and (8), the following sub-sections shall be substituted, namely:-"(5) where the executive council has rejected the draft of an ordinance proposed by the academic council, the amdemic council may appeal to the visitor who may pass such 20 order thereon as he thinks fit (6) all ordinances made by the executive council shall b~ submitted, as soon as may be, to the visitor who may disallow any such ordinance or remit it to the executive council for further consideration 25 (7) the visitor may, by order, direct that the operation of any ordinance shall be suspended until he has had an opportunity of exercising his power of disallowance, and any order of suspension under this bub-section shall cease to have effect on the expiration of one month from the date of such order" 30 6 in section 19 of the principal act, the proviso to sub-section (3) shall be omitted amendment of section 19 amendment of statutes 7 the statutes of the university shall be amended as follows:-(i) in clause (2) of statute 4 and clauses (2) and (3) of statute 6, the words "at the next annual meeting of the court" 35 shall be omitted; (ii) in statute 12,-(4) clause (2) shall be omitted; (b) in clause (5) (a), the words "and the court" shall be omitted; (iii) for statute 14, the following statute shall be substituted, namely:-"14· (1) the court shall consist of the following mem- tche ourt bers, namely:-(a) the chancellor, ex officio, (b) the members of the executive council, ex officio, (c) two representatives of the department:;; and colleges of the university, nominated by the visitor, (d) two representatives of the teachers of the university other than professors, nominated by the visitor, (e) five representatives of the old students of the university, nominated by the visitor, (f) three representatives of parliament, two to be nominated by the speaker of the house of the people from among the members thereof and one to be nominated by the chairman of the council of states from among the members thereof, (g) twenty-nine persons nominated by the visitor from among persons who have special knowledge or practical experience in education or have rendered eminent services in the cause of education or are men of standing in public life (2) seventeen members of the court shall form a quorum"; (iv) statute 16 shall be omitted; (v) for statute 17, the following statute shall be substituted, namely:-"17 (i) the executive council shall consist of the fol- the --lowing members namely: _ executive , council (a) the vice-chancellor, ex officio, (b) seven persons nominated by the visitor, (c) one person no'l1in'dted by the chief rector (2) five members of the executive council shall form a quorum"; (vi) in statute 18,-(a) in clause (1), the words "subject to the control of the court," and the words "not otherwise provided for" shall be omitted; (b) in clause (2), (viii), the words "otherwise than by an act of the court" shall be omitted; (vii) in statute 20, in item (i), the words "the court or" shall be omitted; (viii) in statute 28, for the words "the court, the executive council", the words "the executive council" shall be '3ubs-~~; (ix) for statute 29, the following statute shall be 'substituted, namely:-selection committee "29 (1) there shall be a selection committee for making recommendations to the executiw council in respect of appointments to the posts of professor, reader, 10 lecturer and registrar, and the selection committee shall consist of such number of persons as the executive council may appoint (2) the procedure to be followed by the selection committee in making recommendations shall be determined is by the executiw council 20 (3) if the executive council is unable to accept any recommendations made by the committee, it shall record its reasons and submit the case to the visitor for final orcrers" ; (x) for statute 30, the following statute shall be substituted, namely:-"30 (1) there shall be a screening committee consisting of the following persons, namely:-screening committee (a) a person who is or has been a judge of a high 2s court, nomina~ by the central government, who shall be the chairman of the committee, (b) two persons nominated by the central government from among persons who have had administrative or other experience in educational matters 30 (2) the meetings of the committee shall be convened by such person as may be appointed for this purpose by the chairman (3) it shall be the duty of the scn!ening committee to examine the cases of all persons who on the 14th day of 3s june, 1958, were holding teaching, administrative or other posts in the university in respect of whom there is reason to believe that their continuance in office would be detrimental to the interests of the university, and to forward its n!commendations to the executive council; and the executive council shall take such action thereon as it 5 may think fit: provided that before taking any such action against the person concerned, the executive council shall give him a reasonable opportunity of being heard"; 10 (xi) in statute 35, for the words "the annual meeting", the word "meetings" shall be substituted; (xii) in statute 36, for the words "an annual meeting", the words "a meeting" shall be substituted, and the words "or as a member of the court or of the executive council" shall be omitted; 15 (xiii) statute 42 shall be omitted 8 (1) every person holding office as a member of the court or ttrans1·ilona the executive council, as the case may be, immediately before the provi-14th day of june, 1958, shall on and from the said date cease to hold sion office as such: 20 provided that where any such person held immediately before such date any other office in the university, nothing contained in this sub-section shall be construed to affect his continuance in such other office (2) until the court or the executive council is constituted in 25 accordance with the provisions of clause (iii) or clause (v), as the case may be, of section 7, the visitor may, by general or special order, direct any officer of the university to exercise the powers and discharge the duties conferred or imposed by or under the principal act, as amended by this act, on the court or the executive council 30 as the case may be ' 19s' 9 (1) the banaras hindu university (amendment) ordinance, 1958, is hereby repealed (2) notwithstanding such repeal, anything done or any action repeal taken under the said ordinance shall be deemed to have been done an~ 35 or taken under this act, as if this act had commenced on the 14th savmg day of june, 1958 statement of objects and reasonson receipt of reports indicating a serious stare of a1fairs prevailing at the banaras hindu university the president, as the visitor of the university, appointed in july, 1957, a committee to enquire into the state of affairs at the university the committ~ commenced its sittings on the 31st july, 1957, and submitted its report in april, 1958 the report revealed certain disquieting features and unhealthy influences which had been undermining the discipline of the university according to the committee, the personnel of the executive council itself had been, to a large extent, responsible for the prevailing state of affairs in the university after giving very careful consideration to the obs'ervations and recommendations made by the committee, the government of india came to the conclusion that it was necessary to reconstiture the executive council and the court so as to put an end to existing malpractices and improve the day-to-day working and administration of the university, and that these measures should be undertaken immediately in view of the reopening of the university in july, 1958 as parliament was not in session at that time, the president promulgated the banaras hindu university (amendment) ordinance, 1958, on the 14th june, 1958 the present bill seeks in the main to replace the ordinance by an act of parliament the main features of the bill are:-(a) the reconstitution of the court of the university as an advisory body, and reduction in the number of its membership; (b) the reconstitution of the executive council as a compact body; (c) the provision for a selection commitree for making recommendations to the executive council in respect of appointments to the posts of professor, reader, lecturer and registrar in the university; (d) the provision for a screening committee to examine the cas'es of all persons who, on the 14th june, 1958, were holding teaching, administrative or other posts in the university in respect of whom there is reason to believe that their continuance in office would be detrimental to the interests of the university new delhij k l shrimali the 7th august, 1958 ; ~ act, 1915 (16 of 1915) - - 9 (1) the court shall be the supreme governing body of un i- the court versity and shall have power to review the acts of the executive council, the academic council and the standing committee of the academic council (save when these authorities have acted in accordance with powers conferred on them under this act, the statutes or the ordinances), and shall exercise all the powers of the university not otherwise provided for by this act or the statutes - oil - 17 (1) subject to the provisions of this act, the statutes may statu •• provide for all or any of the following matters, namely:-(a) the constitution, powers and duties of the court, the executive council, the academic council, the standing committee of the academic council, the finance committee and such other bodies, as may be deemed necessary to constitute from time to time; (b) the election and continuance in office of the members of the said bodies, including the continuance in office of the first members, and the filling of vacancies of members, and all other matters relative to those bodies for which it may be necessary or desirable to provide; (c) the appointment, powers and duties of the officers of the university; (d) the constitution of a pension or provident fund and the establislunent of an insurance scheme for the benefit of the officers, teachers and other employees of the university; (e) the confennent of honorary degrees; (f) the withdrawal of degrees, diplomas, certificajes and other academic distinctions; (g) the establislunent and abolition of faculties, departments, halls, colleges and institutions; (h) the conditions under which colleges and other institutions may be admitted to the privileges of the university and the withdrawal of such privileges; •• 1 ls-2 (i) the institution of fellowships, scholarships, studentships, exhibitions, medals and prizes; and (;) all other matters which by this act are to be or may be provided by the statutes (z) the first statutes shall be those set out in schedule i (3) the court may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereinafter in this section provided (4) the executive council may propose to the court the draft of any statute to be passed by the court, and such draft shall be considered by the court at its next meeting (5) the court may approve any such draft as is referred to in sub-section (4) and pass the statute or reject it or return it to the executive council for reconsideration, either in whole or in part, together with any amendments which the court may suggest: provided ·that the executive council shall not propose the draft of any statute or of any amendment of a statute affecting the status, powers or constitution of any existing authority of the university until such authority has been given an opportunity of expressing an opinion upon the proposal, and any opinion so expressed shall be in writing and shall btl! considered by the court (6) any member of the court may propose to the court the draft of any statute and the court may either reject the proposal or refer such draft for consideration to the executive council, which may either reject the proposal or submit the draft to the court in such form as the executive council may approve, and the provisions of this section shall apply in the case of any draft so submitted as they apply in the case of a draft proposed to the court by the executive council (7) every new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the visitor who may sanction, disallow or remit it for further consideration; , ordinances 18 (1) subject to the provisions of this act and the statutes, the ordinances may provide for all or any of the following matter!'!, namely: ---l (a) the admission of students to the university and their enrolment as such; , (b) the courses of study to he laid down for all degrees, diplomas and certificates of the university; (c) the degrees, diplomas, certificates and other academic distinctions to be awarded by the university, the qualifications for the same, and the means to be taken relating to the granting and obtaining the same; (d) the fees to be charged for courses of study in the university and for admission to the examinations, degrees and diplomas of the university; (e) the conditions of the award of fellowships, scholarships, studentships, exhibitions, medals and prizes; (f) the conduct of examinations, including the tenns of offtce and manner of appointment and the duties or examining bodies, examiners and moderators; (9) the maintenance of discipline among the students of the university;! (h) the conditions of residence of students at the university; (i) the special arrangements, if any, which may be made for the residence, discipline and teaching of women students, and the prescribing for them of special courses· of study; (j) the giving of religious instruction; (k) the emoluments and the terms and conditions of service of teachers of the university; (l) the management of colleges and other institutions founded or maintained under sub-section (1) of section 15; (m) the supervision and inspection of colleges and other institutions admitted to privileges of the university under subsection (2) of section 15; and (n) all other matters which by this act or the statutes are to be or may be provided for by the ordinances (2) the regulations of the university as in force immediately before the commencement of the benares hindu university (amend-55 of 1951 ment) , act, 1951, shall be deemed to be the first ordinances made under this section! (3) the said ordinances may be amended, repealed or added to at any time by the executive council : provided that-(i) no ordinance shall be made affecting the conditions of residence or discipline of students, ex cept after consultation with the academic council; (ii) no ordinance shall be made-(a) affecting the admission or enrolment of student or prescribing examinations to be recognised as equivalent to the university examinations, or (b) affecting the conditions, mode of appointment or duties of ~xaminers or the conduct or standard of examinations or any course of study, unless a draft of such ordinance has been proposed by the academic council (4) the executive council shall not have power to amend any draft proposed by the academic council under the provisions of sub~ection (3) but may reject the proposal or return the draft to the academic council for reconsideration, either in whole or in part, together with any amendments which the executive council may suggest (5) where the executive council has rejected the draft of an ordinance proposed by the academic council, the academic council may appeal to the central government and the central government may, by order, direct that the proposed ordinance shall be laid before the next meeting of the court for its approval and that pending such approval it shall have effect from such date as may be specified in the order: provided that if the ordinance is not approved by the court at such meeting, it shall cease to have effect (6) all ordinances made by the executive council shall be submitted, as soon as may be, to the visitor and the court, and shall be considered by the court at its next meeting and the court shall have power, by a resolution passed by a majority of not less than two-thirds of the members voting, to cancel any ordinance made by the executive council, and such ordinance shall from the date of such resolution cease to have effect (7) the visitor may, by order, direct that the operation of any ordinance shall be suspended until he has had an opportunity of exercising his power of disallowance, and any order of suspension under this sub-section shall cease to have effect on the expiration of one month from the date of such order or on the expiration of fifteen days from the date of consideration of the ordinance by the court, whichever period expires later (8) the visitor may, at any time after an ordinance has been considered by the court, signify to the executive council his disall()wance of suah ordinance, and from the date of receipt by the executive council of intimatioj} ~f ~hgq qis~llowance, such ordinance shall cease to have effect 19 (1) the authorities of the university may make regulations consistent with this act, the statutes and the ordinances-(a) laying down the procedure to be observed at their meetings and the number of members required to form a quorum; (b) providing for all matters which by this act, the statutes or the ordinances are to be prescribed by regulations; and (c) providing for all matters solely concerning such authorities or committees appointed by them and not provided for by this act, the statutes or the ordinances (2) every authority of the university shall make regulations providing for the giving of notice to the members of such authority of the dates of meetings and of the business to be considered at meetings and for the keeping of a record of the proceedings of meetings (3) the executive council may direct the amendment, in such manner as it may specify, of any regulation made under this section or the annulment of any such regulation: provided that any authority of the university which is dissatisfied with any such direction may appeal to the court, whose decision in the matter shall be final the statutesa~ adapted and modified by tjhe central government, in exercise of the powers conferred by section 15 of the banaras hindu university (amendment!) act, 1951 (lv of 1951) (vide page 434 of the gazette of india, november 3, 1951, part i-section 1, notified by the ministry of education, new delhi, no f27-15151 g3 dated the 3rd november 1951) and further amended by notification no f 27-15151 g3 dated the 15th november, 1951, of the ministry of education, government of india, new delhi i for the words mentioned j, column i below wherever they occur, the words ahown 8iainst each in column 2 below shail be substituted :-benares banaras council executive council senate academic council syndicate standing committee of the academic council regulation ord!nance regulations ordmances rule rogulati~:m rules regulations and still further amended by notification no f27-15151-g3 dated the 28th january, 1952, of the ministry of education, government of india, new delhi (vide pages 131 to 136 of gazette of india-extraordinary part i section 1) and still further amended by the government of india, ministry of education letter no f-19fi53-h-1, da~ed 11th november, 1953, letter no f19! 14! 55-a 1 dated the 24th november 1955, letter no f1916154-a1 daled the 25thi26th november 1955, letter no 19-9155-a1 dated the 29th march, 1956, letter no f-19-18156-a1 dated 16th july, 1956; ltoter no f-19-6153-a1 dated 8th december 1956; and letter no f:19-20157-u5 dated 27th aug 1957 and 18th sept 1957 note-[the adaptations and modifications and amendments are within square brackets] definitions 1 (1) in these statutes-"the act" means the [banaras] hindu university act, 1915 (2) all words and expressions used herein and defined in the act shall be deemed to have the meanings respectively attributed to them by the act 2 [omitted] rectors [3 the visitor may, on his own motion, or on the recommendation of the court, appoint such persons, as he may think fit, to be the rectors of the university] officers of [3a the following persons in the service of the university are the ljniver- hereby declared to be offieers of the university, namely:-siry (1) librarian (2) provost (3) chief proctor (1) the librarian shall be appointed by the executive and shall be a wholetime officer of the university appoint-[3b menf of li- council brarlldl provost and chief proctor (2) [omitted] (3) the provost [and the chief proctor] shall be app~inted by the executive council on the recommendation of the vlce-~han­cellor and shall exercise such powers and perform such duties as may be assigned to them by the vice-chancellor [each of them] shall hold office for a term of two years - [provided that, no person below the rank of a professor in the university shall be appointed provost] 4 [(1) the chancellor shall be elected by the court] the chancellor (2) the chancellor shall hold office for a period of three years: [provided that, notwithstanding the expiry of the said period of three years, he shall continue to hold office until the election of his successor at the next annual meeting of the court] (3) in the case of a casual vacancy in the office of the chancellor, the pro chancellor shall exercise the functions of the chancellor until a new chancellor is elected r 5 (1) the chancellor shall, by virtue of his office, be the head powers of of the university chancellor (2) the chancellor shall, if present, preside at the convocation of the university for conferring degrees, and at all [] meetings of the court (3) [omitted] 6 (1) [the pro-chancellor shall be elected by the court] the pro-chance-(2) [the pro-chancellor shall hold office for a period of three lior years; provided that, notwithstanding the expiry of the said period of three years, he shall continue to hold office until the election of his successor at the next annual meeting of the court] (3) [a casual vacancy in the office of the pro-chancellor shall be filled by the chancellor on the recommendation of the executive council the person so appointed shall hold office until the election of his successor at the next annual meeting of the court] 7 [in the absence of the chancellor, the pro-chancellor, if powers of present, shall preside at a meeting of the court] ~~~jjot 8 (1) "the vice-chancellor shall be appointed by the visitor from among [a panel of at least three persons] recommended by the executive council provided that, if the visitor does not approve of anyone of the person so recommended, he may call for fresh recommendations from the executive council" "- (2) [the vice-chancel)or shall be a whole-time oftlcer of the university] (3) [the vice--chancedor shall hold office for a term of six years and shall not be eligible for reappointment: provided that notwiths tanding the expiry of the said period of six years he shall continue in office until his successor is appointed and enters upon his o~;! provided further that the visitor may direct that a vice-chancellor, whose term of office has expired, shall continue in office for such period not exceeding one year, as may be specified in the direction] (4) [the emoluments and other terms and conditions of service of the vice--chancellor sl11111 be prescribed by the ordinances] (5) [in the case of a casual vacancy in the office of the vice-chancellor, the pro-vicechancellor shall, until the appointment of a new vice-chancellor, perform the functions of the vice--chancellor: provided that if the pro-vice-chancellor is not able to act, the registrar shall carry on the current duties of the vice-chancellor and take action under item (g) of clause (3) of statute 13] 9 ,(1) [the vice-chadicellor shall be the principal executive and academic officer of the university] and shall take rank in the university next to the pro-chancellor he shall be the ex-officio chairman of the [executive council, the academic council, the standing committee of the academic council, and the finance committee,] and shall, in the absence of the chancellor and the pro-chancellor preside at the convocation to confer degrees in the absence of the chancellor and the pro-chancellor, he shall also preside at the meetings of the court [he shall be entitled to be present at and to addre6s any meeting of any authority or other body of the university but shall not be entitled to vote thereat unless he is a member of such authority or body] (2) [it shall be the duty of the viqe--chancellor to see that the act, the statutes, the ordinances, and the regulations are faithfully observed he shall have all powers necessary for the purpose] (3) [the vice-chancellor shall have power to convene meetings of the court, the executive council, the academic council, and the standini committee of the academic council, and may do all such acts as may be necessary to carry out or furthl!!r the provi sions of the act, the statutes and the ordinances] (4) [if, in the opinion of the vice-chancellor, any emergency has arisen which requires that immediate action should be ~en, the v ice-chancellor shall take such action as he deems necessary, and shall report the same for confirmation at the next meeting to the authority which, in the ordinary course, would have dealt with the matter: provided that if the action taken by the vice-chancellor is not approved by the authority concerned, he may refer the matter to the visitor whose decision shall be final: provided further that, where any such action taken by vice-chancellor affects any persons in the service of the university, such person shall be entitled to prefer within thirty days from the date on which he receives notice of such action, an appeal to the executive council] l····t (5) [the vice-chancellor shall exercise general control over the affairs of the university and shall give effect to the deciliiona of the authorities of the university] 10 (1) [the pro-vice-chancellor shall be appointed by the pre vlcc executive council on the recommendation of the vice-chancellor chaoceuor and on such terms as may be laid down in the ordinances provided that where the recommendation of the vice-chancellor is not accepted by the executive council, the matter shall be referred to the visitor who may either appoint the person recommended by the vice-chancellor or asked the vice-chancellor to recommend another name to the executive council] (2) [the term of office of the pro-vice-chancellor shall ordinarily be coterminous with the term of office of the vice-chancellor: provided that, notwithstanding the expiry of the term of his office, the pro-vice-chancellor shall continue in office until his successor is appointed and enters upon his office] (3) [on the expiry of the term of his office, the pro-vice-chancellor shall be eligible for re-appointment] 11 (1) [the pro-vice-chancellor shall assist vice-chancellor in p' """4ji t all matters, administrative and academic, and, in the absence of the th~pto-~cit vice-chancellor, shall have and exercise all the functions and chancellor powers of the vice-chancellor] 681 ls--3 (2) [the pro-vice-chancellor shall be entitled to be present at and to address any meeting of any authority or other body of the university but shall not be entitled to vote thereot unless he is a member of such authority or body] the tree-iuter [12 (1) the treasurer shall be elected by the court from among a panel of three persons nominated by the executive council, and the election shall be subject to the approval of the visitor he shall hold office for a term of five years] (2) [he shall be an ex-otjicio member of the court and the executive council] (3) [a casual vacancy in the office of the treasurer shall be filled by the executive council the person appointed to fill such vacancy shall hold office until the election of his successor at the next annual meeting of the court] (4) the treasurer shall exercise general supervision over the funds of the university and shall advise it as regards its financial policy (5) [the treasurer shall-(a) subject to the control of the ex~utive council, manage the property and investments of the university, and be responsible for the preparation of the annual estimates and statements of accounts and for their presentation to the executive council 'and the court; (b) subject to the powers of the executive council; be responsible for seeing that all monies are expended on the purpose for whi,ch they are granted or allotted; (c) sign all contracts made on behalf of the univers'ty; (d) cojlvene meetings of the finance committee, and (e) exercise such other powers as may be prescribed by the statutes and the ordinances] (6) [the receipt of the treasurer or of the person or persons duly authorised in this behalf by the executive council for any money payable to the university shall be sufficient discharge for the same) the~ ~nil' • [13 (1) the registrar shallbe appointed by the executive coun- cil and shall be a whole-time officer of the university the terms and conditions of service of the registrar shall be such as may be prescribed by the ordinances [(2) the registrar shall be ex-officio secretary of the court, the executive cou,ncil, the academic council, the standing committee of the ~~cademic council, the finance committee and the faculties, but shah not be deemed to be a member of any of these authorities] (3) it shall be the duty of the registrar:-(a) to be the custodian of the records, common seal and such other property of the university as the [executive council] shall commit to his charge; (b) [to issue all notices convening meetings of the court, the executive council, the academic council, the standing committee of the academic council, the finance committee, the faculties, the boards of studies, the boards of examiners, and of any committees appointed by the authorities of the university;] (c) [to keep the minutes of all meetings of the court, the executive council, the academic council, the standing committee of the academic council, the finance committee, the faculties, and any committees appointed by the authorities of the university;] (d) to conduct the official correspondence of the [court, the executive council, the academic council and the standing committee of the academic council]; (e) to arrange for, and superintend the examinations of the university; (f) [to supply to the visitor copies of the agendas of the meetings of the authorities of the university as soon as they are issued and the minutes of the meetings of the authorities ordinarily within a month of the holding of the meetings;] (g) [in an emergency, when neither the vice-chancellor nor the pro-vice-chancellor is able to act, to call a meeting of the executive council forthwith and to take its directions for the carrying on of th~ work of the university;] and (h) to perform such other [duties] as may, from time to time, be [assigned to him by the executive council] 14 (1) [the court shall consist of the following members,1'h:court namely:-ex-officio members: (i) chancellor, (ii) pro-chancellor or pro-chancellors (so long as there are more than one pro-chancellor) i (iii) vice-chancellor, (iv) pro-vice-chancellor, (v) treasurer, (vi) all ex-vice-chancellors, (vi-a) librarian, (vii) provost, and (viii) chief proctor rep,-e,entatives of departments and colleges: (ix) heads of teaching departments; (x) principals of colleges; and (xi) professors who are not heads of teaching departments r~re,entatjive$ of university teachers other than professors: (xii) (a) two readers, by rotation according to seniority, who shall be members for a term of three years, (b) three lecturers, by rotation according to seniority, who shall be members for a term of three years representatives of ex-students:(xiii) fifteen representatives to be elected by the alumni (old students) association, established in accordance with statute 29 a donor,: (xiv) (a) every person making to the university a donation of one lakh of rupees or upwards, or transferring property of the like value; (b) representatives of persons m' :~ing to the univ~r­sty a donation of rs 25,000/- or upwards (excluding persons who have donated rs 1 lakh or more) elected from among themselves there shall be one representative for every ten such persons, subjct to a maximum of two representatives: provided that donors of rs 25,000/- or upwards who are registered as 8u<:h on the date of the commencement of the banaras hindu university (amendment) act, 1951 shall continue to be members of the court for the unexpired portion of their present term; (c) represcltatives of persons making to the universitv a donation of rs 10,000/- or upward~ (excluding those who have donated rs 25,000/- or more) elected from among themselves there shall be one representative for every twenty such persons subject to a maximum of three representatives: provided that donors of rs 10,000 or upwards who are registered as such on the date of the commencement of the banaras hindu university (amendment) act, 1951, shall continue to be members of the court for the unexpired portion of their present term; and (d) representatives of persons making to the university a donation of rs 1,000/- or upwards (excluding persons who have donated rs 10,000/- or more) elected from among themselves there shall be one representative for every fifty such donors subject to a maximum of ten representatives: provided that all persons who before the date of the commencement of the banaras hindu university (amendment) act, 1951, have made a donation of rs 500/- or upwards (excluding persons who have'donated rs 10,000/- or more) shall also be entitled to participate in the election of the representatives under this sub-item gxpzanation 1: every donor who makes to the university an annual grant of money, the payment of which is secured by mortgage of immovable property or in such other manner as the executive council may approve shall, subject to the provisions of explanation 3, have the same rights as to membership of and representation on the court as if he had been a donor of such sum as representc; the capital value of such annual grant ascertained at the rate of interest of 3t per cent: provided that, in the case of a body corporate, the executive council may dispense with any such security explanation 2: the amounts of donations specified in sub-items (a), (b), (c) and (d) may, for the purpose of qualifying the donors within these provisions, be made up partly of money or of capitalised grants as provided in explanation 1, or of property, or partly of any two or more of these explanation 3: when an annual grant is not fully paid up or fall; in arrf'ars the donor shall not be entitled to exercise any of th2 privileges conferred on him by any of the foregoing provisions of this statute, unless and until the said arrears are paid up explanation 4: where the donors of a sum are more persons than one who constitute a joint hindu family or a partnership firm, or a company or corporation, the reg~trar shall call upon such donors to elect, within a time to be fixed by him, one of their memher~ to represent and act for them in voting at the election if such donors fail to elect and notify the name and address of th person so elected by them within the time specified in the notice or within such further period of time as may be allowed by the registrar, or are unable to agree as to the person who sh(ll1ld represent them for the purpose of voting at the election, the rgistrar shall lay the matter for orders before the vice-chlmcd· lor, who may nominate anyone of their number to repre~enr them at the election for the purpose of voting the orders 01 the vice-chancellor in this regard shall be final the namf' of the person so elected or nominated to represent such donors shall be entered in the column of remarks against the names of such qonors, and for the purposes of serving all notices of elections, of making nominations of persons to be elected and for voting at the election, the person so noted as the representative of such donors shall be deemed to be the person entitled to act as one of the electors explanation 5: where the donor is a minor, or a person suffering trom a disability, or a ward of the court, the legal guardian of such person shall be entitled to act for him at the election as a voter so long as the minority or disability continues or so long as he is a ward of a court where the same person is not the legal guardian of the person and property of a minor the legal guar· dian of the property shall be deemed to be the legal guardian persons representing learned professions, industry and commerce: (xv) ten persons representing th~ learned professions, to be elected by the court, of whom at least five shall be persons residing outside the state of uttar pradesh; and (xvi) five persons representing industry and commerce to be elected by the court; representatives of parliament (xvii) three representatives of parliam~nt, two to be elected by the house of the people in such manner as the hon'ble the speaker may direct and one to be elected by the council of states, in such mannpt m the chairman of the council may direct: provided that until both houses of parliament are constitut· ed, the three members may be elected by the provisional parliament represematives of hindu, buddhist, sikh and jain culture and learning(xviii) (a) five persons representing hindu culture and learning to be elected by the court (b) three persons, one each to represent the buddhist, sikh and jain culture and learning respectively, to be elected by the court nominated members(xix) (a) not more than five persons to be nominated by the visitor; (b) not more than two persons to be nominated by the chief reactor; and (c) not more than three persons to be nominated by the chancellor: provided that in making nominations under sub-items (a) and (c) due regard shall be had to the representation of the different areas of the country in view of the all-india character of the university: provided further that no employee of the university shall be eligible to be a member under any of the items (xiii), (xiv) (xv), (xvi) (xvii), (xviii) or (xix)j [(2) if any body of the persons entitled to elect a member fails to do so within the time prescribed by the court, the court may appoint as member any person whom that body of persons could have elected as a member: provided that, in the case of the first elections to the court, the powers conferred upon the court ly this clause shall be exercisable by the executive council] [(3) save as otherwise expressly provided, a member of the court shall hold office for a period of five years: [ (·n the method of election of members shall be as laid down in the ordinances] [(5) the proceedings of the first meeting of the court, including any adjourned meeting thereof, after the commencement of the banaras hindu university (amendment) act, 1951, shall be valid notwithstanding the existence of vacancies under items (xiii) to (xix), inclusive, of clause (1) of this statute] 15 [omitted] 16 (1) [omitted] (2) an annual meeting of the court shall be held [on a date to be fixed by the executive council unless some other date has been fixed by the court in respect of any year] at such [annual] meeting, a report of the proceedings of the [executive] council and [a report of working] of the university {during the previous year] together with a statement of the receipts and expenditure and the balance-sheet as audited, [and the financial estimates] shall be presented by the [executive] council to such meeting, and any vacancies among the officers of the university or among the members of the court or [executive] council which ought to be filled up by the court shall be [so] filled up (3) a copy of the statement of receipts and expenditure and of the balance-sheet [and the financial estimates] ri!ferred to in clause (2) shall be sent to every member of the court at least seven days before the date of the annual meeting, and shall be open to the inspection of all members of the court and academic council at the office of the university during the year following such annual meeting, at such reasonable hours and under such conditions as the executive council may determine (4) [twenty-five] members of the court shall ferm a quorum (5) [special meetings of the court may be convened by the executive council or the vice-chancellor or, if there is no vicc-chancellor, by the pro vice-chancellor, or, if there is no pro-vice-chancellor, by the registrar: provided that a special meeting of the court shall also be called if one-third of the members of the court or fifty members, whichever number is less, make a requisition in writing in this behalf] the execu-17 [(1) the executive council shall consist or the following ,ive coun:il members, namely:-(i) vice-chancellor; (ii) pro-vice-chancellor; (iii) treasurer; (iv) two deans, by rotation according to seniority; (v) principals of four colleges, other than the principlas of women's colleges, to be members in rotation for a term of three yean; (vi) principal of the women's college but if there are more than one such college, the principal of one such college in rotation according to seniority; (vii) provost; (viii) chief proctor; - (ix) five persons, none of whom shall be an employee of the university, elected by the court from among its members, of whom at least three shall be persons residing outside the state of uttar pradesh; (x) two persons nominated by the visitor; (xi) one person nominated by the chief rector; and (xii) one person nominated by the chancellor (2) members of the executive council referred to in items (v), (vi) and (ix) to (xii) shall hold office for a term of three years (3) [seven members of the quorum] executive council shall form a 18 (1) the [executive] council shall, subject to the control of powers of the court, have the management and administration of the whole ~rv~) ~:~ii revenue and property of the university and the conduct of all administrative affairs of the university not otherwise provided for (2) subject to the provisions of the act, the statutes and [the ordinances,] the [executive] council shall, in addition to all other powers vested in it, have the following powers namely: (i) to appoint, from time to time, [the registrar], [librarian,] principals of colleges [and institutions established by the university], and such professors, readers, lecturers and other members of the teaching staff, as may be necessary, on the recommendation of [selection committees] constituted for the purpose: [provided that no action shall be taken by the executive council in respect of the number, qualifications, and the emoluments of teachers otherwise than after consideration of the recommendations of thf' academic council;] [(ii) to appoint members of the administrative staff or to delegate the power of appointment to such authority or authorities, or officers as the executive council may, from time to time, by resolution, either generally or specially direct;] 681 ls-4 l (ii-a) to grant leave of absence to any officer of the university, other than the chancellor, the pro chancellor and the vice-chancellor, and to make the necessary arrangements tor the discharge of functions of such officer during his absence;] (iii) to manage and regulate the finances, accounts, investments, property, busines, and all other administrative affairs of the university and, for that purpose, to appoint such agents as it may think fit (iv) to invest any money belonging to the university, including any unapplied income, in such stocks, funds, shares or securities, as it shall, from time to time, think fit, or in the purchase of immovable property in india, with the like power of varying such investment from time to time (v) to transfer or accept transfers of any movable or immovable property on behalf of the university (vi) to provide the buildings, premises, furniture, apparatus, and other means needed for carrying on the work of the university (vii) to enter into, vary, carry out, and cancel contracts on behalf of the university (viii) to entertain, adjudicate upon, and, if thought fit, to redress any grievances of the officers of the university, the teaching staft', [] and the university's servants, who may, for any reason, feel aggrieved, otherwise than by an act of the court; [(lx) to appoint examiners and moderators and, if necessary, to remove them, and to fix their fees, emoluments and travellipg and other allowances ~fter considering the recommendations of the standing committee of the academic council and the recommendations, if any, of the academic council] (x) to maintain a register of donors to the university (xi) to select a common seal for the university, and provide for the custody and use of the seal; [(xii) to make such special arrangements as may be necessary for the residence and discipline of women students, after consulting the advisory board of women's education, the establishment and functions of which are to be prescribed by the ordinances;] and (xiii) "to exercise such other powers and perform such othet duties as may be conferred or imposed on it by this act, [x] the statutes [and the ordinances]" 18a [omitted]19 (1) the [academic council] shall consist of the following academic councl [members,] namely:-[(i) vice-chancellor; (ii) pro vice-chancellor; (iii) deans of facilities; (iv) heads of teaching departments; (v) not more than four professors who are not heads of teaching departments, to be members in rotation; ( vi) principals of colleges; (vii) provost; (viii) chief proctor; (ix) librarian; "(x) "'four teachers of the university elected frotn among themselves by the teachers other than those falling under [(iii) to (viii) "] provided that at least one such teacher shall be a reader and one a lecturer (xi) six persons, not being employees of the university, co-opted by the academic council for their special knowledge] (2) [all members of the academic council, other than et-officio members, shall hold office for a term of three years: provided that a member elected or co-opted in his capacity as a member of a particular body or as the holder of a particular post shall hold office so long only as he continues to be a member of that body or the holder of that post] (3) [twenty members of the academic council shall form a quorum] 20 [iii] subject to the act, the statutes and [the ordinances, the powers of academic council] shall, in addition to all other powers vested in jt~ th~ acade- have the following powers, namely:-mlc council (i) to report on any matter referred to or delegated to [it] by the court or the [executive] council [(ii) to make recommendations to the executive council with regard to:-(a) the creation of teaching posts in the university and the colleges and the abolition thereof; and (b) the classification of the posts referred to in sub-item (a) and the emoluments and the duties attaching thereto;] (iii) to formulate and modify or revise schemes for the organisation of faculties, and to assign to such faculties their respective subjects and also to report to the [executive] council as to the expediency of the abolition or sub-division of any faculty or the combination of one faculty with another; (iv) to promote research within the university and to require, from time to time, reports on such researca; [(v) to consider proposals submitted by the faculties;] [(vi) to recognise diplomas and degrees of other universities and institutions and to determine their equivalence with the diplomas and degrees of the banaras hindu university;] [(vii) to make special arrangements, if any, for the teaching of women students and for prescribing for them special courses of study, after consulting the advisory board of women's education;] [(viii) to make such arrangements for the instruction and examination of persons, not being members of the university, as may be necessary; and] [(ix) to perform in relation to academic matters, all such duties and to do all such acts as may be necessary for the proper carrying out of the provisions of the act, the statutes, and the ordinances] honorary 20 (a) [(i) the degree of doctor of letters (dlitt) deerees hono'tis causa shall be conferred upon such persons as have contributed substantially to the advancement of literature, philosophy, art, music, painting or other subjects assigned to the faculty of arts, or for conspi~uous service rendered by them to the cause of educationl [(') the degree of doctor of science (dsc) honoris causa shall be conferred upon such persons as have contributed substantially to the advancement of any branch of science or technology or to planning, organising or developing scientific and technological institutions in the country] [(3) the degree of doctor of laws (lld) honoris causa shall be conferred upon such persons as are distinguished lawyers, judges, or jurists, statesman or have made noteworthy contribution to public good] [(4) honorary degree shall be conferred at the annual convocation of the university or at a special convocation convened for the purpose] [(5) the vice-chancellor shall recommend a name/names for the award of honorary degree/degrees to the standing committee of the academic council the standing committee shall forward such a name/names as are approved by it to the academic council no proposal for the award of honorary degree/degrees, which has not been recommended as aforesaid, shall be entertained byi the academic council the proposal/proposals which has/ have been accepted by the academic council for the conferment of honorary degree/degrees shall be forwarded to the chancellor for ratification] [(6) the chancellor may, in special or urgent cases, act on the recommendations of the vice-chancellor and accept proposals for the award of honorary degrees] [(7) any honorary degree conferred by the university with the approval of the academic council or the chancellor may be withdrawn for sufficient cause by the chancellor from such date as he may fix] 21 (i) the [standing committee of the academic council] shall standi~g be the executive body of the [academic council,] and shall consist of ~~~~~ tne vice-chancellor the pro vice-chancellor, [deans of faculties demic and principals of fourteen colleges in rotation according to seniority i council [(2) the principgls of colleges shall be members of the standing committee of the academic council for a term of three years] [(3) seven members of the standing committee of the academic council shall form a quorum] 22 [the duties of the standing committee of the academic duties oi council shall be, subject to the revision and control of the academic the staddid~ c '1]' comnuttee ouncl -of the aca-(i) "to fix, subject to any conditions accepted by the [execu- ~~~~jl tive council], the time, mode and conditions of competition for fellowships, scholarships and other prizes and to award the same" [(ii) to conduct examinations in conformity with the ordinances and to fix dates for holding them;] [(iii) to declare the results of the various university examinations, or to appoint committees or officers to do so, and to make recommendations regarding the conferment or grant of degrees, honours, diplomas, licenses, titles and marks of honour;] [ (iv) to award stipends, scholarships, medals, prizes and to make awards in accordance with the ordinances and such other conditions as may be attached to the awards;] [(v) to make recommendations to the executive council in regard to the appointment of examiners, and if necessary, their removal and the fixation of their fees, emoluments end travelling and other allowances and the appointment of boards of examiners and moderators;] [(vi) to appoint, whenever necessary, inspectors or boards of inspectors for inspecting colleges applying for admission to the privileges of the university;] [(vii) to publish lists of prescribed or recommended text-book and to publish syl1abus of the prescribed courses of study;] [(viii) to prepare such forms and registers as are, from time to time, prescribed by the ordinances;] [(ix) to appoint committees for admissions to the university;] and [(x) to perform all such duties and to do all such acts, as may be necessary for the carrying out of the decisions and directions of the academic council and to perform all such functions as may be delegated to it by the academic council under the act, the statutes or the ordinances"] final'::: "'22 (l) the [x] finance committee shell consist of [the follow-commirtee ing members, namely: -] (i) vice-chancellor [x]· (ii) pro vice-chancellor (iii) two persons nominated by the visitor (iv) two persons, who are not employees of the university, elected by the court, at least one of whom shall be a person who is not a member of the executive council (v) the treasurer [xl _ _-- (2) three members of the [ x ] finance committee, shali fonn e quorum [(3) all members of the [ x ] finance committee, other tban ex-otficio members shall hold office for a term of three years] [(4) the vice-chacellor shall preside at meetings of the [ x ] finance committee· in the absence of the vice-chancellor, the treasurer shall preside at a meeting thereof] [(5) a member of the [ x ] finance committee shall have the right to record e minute of dissent if he dissents from his colleagues] [(6) the [ x ] finance committee shall meet at least twice every year to examine accounts and to scrutinise proposals for expenditure] [(7)] the annual accounts and financial estimates of the university prepared by the [troosurer] shall be laid before the finance committee for [consideration and comments] and thereafter [submitted] to the [executive] council for approval (8) the [ x ] finance committee shall fix limits for the total recurring expenditure and the total non-recurring expenditure for the year, based on the income and resources of the university (which, in the case of productive works, may include the proceeds of loens) no expenditure shall be incurred by the university in excess of the limi ts so fixed (9) no expenditure other than that provided for in the budget shall be incurred by the university without the approval of the [ x ] finance committee 23 (1) the university shall include the faculties of-(1) oriental learning, (2) theology, (3) arts, (4) science [ x ], (5) law [ x ], (6) technology, (7) medicine and surgery [(ayurveda)] and [(8) music end fine arts], [ x ] and such other faculties as may be established by the statutes" [(2) each faculty shall deal with such subjects as are assigned to it by the ordinances"] 24 (i) each faculty shall consist of [the following members, constitution namely: - ] of facul tit s [(i) dean of the faculty, who shall be the cbairman, (ii) principals of the colleges teaching subjects assigned to the faculty; (iii) all professors in the faculty; --·-vlde-govt 'lett;~-no~ f:-~9=9f5s-a~~~:d~~ed -;9:)-56 --- -- -------(iv) one reader and one lecturer, by rotation according to st:niority, from each department in the faculty; (v) one teacher concerned, by rotation 6ccording to seniority, from each women's college: provided that the college provides instruction in any of the subjects assigned to the faculty; (vi) persons not connected with the university having expert knowledge of the subject or subjects concerned co-opted by the faculty, one for each department of the faculty [provided, that the number of members to be co-opted by the faculty of law under this sub-clause shall be five"] (vii) five members elected by the academic council for their special knowledge of any subject assigned to the faculty or of any allied branch; (2) all members of any faculty, other than ex-officio members, shall hold office for a term of three years; (3) the conduct of the meetings of [a] faculty, [the quorum required for each ftaculty and the constitution of the boards of studies shall be prescribed by the ordinances] appoint;nent 2:; [(1) every head of a department who is a professor shall, by add term of rotation according to seniority, for a period of two years act as the ~~~ o~te dean of the faculty; provided that if in any faculty there is no pemrrs of professor, the seniormost reader shall act as the dean and if there aeu tics is no reader, the vice-chancellor or the pro vice-chancellor, if so designated by the vice-chancellor, shall act 6s the dean· explanation: -for the purposes of this clause, seniority shah be determined according to the following rules, namely: (a) if there are more persons than one who rank equally for the purposes of seniority, that person sllall be deemed to be senior to the others who has for the longest period been continously the head of a department (b) if there are more persons than one who rank equally for the purposes of seniority by reason of their being continuously the heads of departments, that person shall be deemed to be senior to the others who has for the longest period been continuously a professor or reader as the case may be] 26· the faculties shall have such powers, and shall perform such duties, as may be assigned to them by the statutes and the [ordinances1 and shall, from time to time, appoint such and so many boards of studies, in different branches of knowledge as may be prescribed by the [ordinances] they shall also consider and make such recommendations to the [academic council] on any question pertaining to their respective sphere of work os may appear to them necessary, or on any matter referred to them by the [academic council] [26a (1) each faculty shall consist of such departments as may be assigned to it by ordinances (~) no department shall be established or abolished except by the statutes: provided timt all departments which have been established in accordance with the act, the statutes or the l\egulations u in force immediately before the commencement of the banaras hindu university (amendment) act, 1951, shall be deemed to be departments estt3blished by these statutes· [(i) a department of spectroscopy be established inthc faculty of sciencet] [(ii) a department of indian philosophy and religion be established in the faculty of arts:j:] $departmbnts established prior to nov 3 195121 departmellt l,f mining " ceramics 22 23· 24· 3 4· 5· fl 7 i department of politics mathematics geography history philosophy economics commerce 2~ 26 27 " glass pharmaceutics ind chemistry e1ec engineering civil ii: mech engineering agriculture " [0 ii " " ancient indian hisotry 28 & culture english hindi sanskrit & pali 29 30 31 " '' " " " " 12 13 14· 15 16 17· 1 h 19 20 " " education indo sumerian studies art & architecture: botany chemistry geology physics zoology metallurgy surgery ayurveda mlmanaa be dharma shaatrll vyakaran jyotlsh sihitya danhan theology religious instruction law mullic & fine arts arabic, persian; & urdu n 32 33· 34 35· 36 37-311 39· 40 --------------tvide gov! of india, ministry of education, letter no f 19-7/55 hi dated no\' 11-1953 tvide govt of iindill, ministry of education, letlcr no f 19-6/53 a i dated dec 11-1956 61ll ls-5 [(iii) the following departments be establishacl in the faculty of teachnology:-(a) the existing department of industrial chemistry be reconstituted into a new department of chemical engineering and technology (b) department of silicate technology by absorbing the existing departments of glass and ceramics (c) department of civil and municipal engineering] t[ (iv) the existing department of ancient indian history & culture be re-named as department of ancient indkm history & culture and archaeology"] (3) teach department shall consist of the followine members, namely:-(i) teachers of the department (ii) persons conducting research in the department (iii) dean of the faculty or deans of the faculties concerned h (iv) honorary professor, if any, attached to the department t (v) such other persons as may be members of the department in accordance with the provisions of the ordinances"] (4) each department shall have a head who may be a university professor or, if there is no professor, a reader and whose duties and functions, and terms and conditions of appointment shall be laid down by the ordinances: provided that if th2re are more professors or, as the case may be, readers than one in any department, no person shall be appointed to be the head of any department except in accordance with the prnvislom; made in respect thereof by the ordinances: provided further that if there is no professor or reader in 3 department, the dean of the fsc'ulty concerned shall act as the herd of that department [26b (1) the establishment of colleges and institutions and tjae abolition thereof shall be governed by the statutes: provided that all colleges and institutions which have been established in accordance with the act, the statutes or the regulations in force immediately before the commen'cement of the banaras hindu university (amendment) act, 1951, shall be deemed to be colleges and institutions established by these statutes] [26e (1) colleges and other institutions within a radius of fifteen miles from the main temple of the university may be admitted to such pdvileges of the university as the executive council may decide on the following conditions, namely-(i) every such college or institution shall have a regularly constituted managing body, consisting of not more than twenty persons, approved by the executive council and including, among others, at least two representatives of the university and at least three representatives of the teaching stafi', of whom the principal of the college or institution shall be one; (ii) every such college or institution shall 98tisfy the executive council on the following points; (a) the suitability and adequacy of its accommodation and equipment for teaching, (b) the qualifications and adequacy of its teaching staff end the conditions of their service, (c) the arrangements for the residence, welfare, discipline and supervision of its students, and (d) such other matters as are essential for the mrintenance of the standards of universi ty education, and (iii) no college or institution shall be admitted to any privileges of the university except on the recommendation of the academic council made after considering the report of a committee of inspection appointed for the purpose by the standing committee of the academic council (iv) [omitted] (v) [omitted] (2) appointments to the teaching staff of such college or institution shall be made on the recommendation of selection committee which shall include the principal (unless the post to be filled is that of the principal), at least one of the [x] representatives of the university on the managing body and one expert nominated by the standing committee of the academic council (3) every such college or institution shall be inspected at least once every year by a committee appointed by the standing committee of the academic council, and the report of that committee shall be submitted to the standing committee of the' academic council which shall forward the same to the executive council with such recommendations as it may deem fit to make the executive council, after considering the report and the recommendations, if any, of the standing committee of the academic council, shall forward a copy of the report to the managing body of the college or institution with such remarks, if any, as it may deem fit, for suitable action (4) the executive council may, after consulting the academic council, withdraw any privileges granted to a coller,e or institution if at any time it considers that the college or institution is not fulfilling the requisite conditions: provided that before any privileges ore so withdrawn the managing body shall be given an opportunity to represl'nt to the executive council why such action should not be taken (5) subject to the conditions set forth above, the ordinances may prescribe any other conditions which may be considel'f'd necessary and also the procedure for the admission of colleges end institutions to the privileges of the university and for the withdrawal of those privileges] convocations 27 convocations of the university for the conferring of degrees, or for other purposes, shall be held in a manner to be prescribed by [ordinances] codutlittec 28 the court, the [executive council], [the academic council, the standing committee of the academic council] and the faculties may, from time to time, appoint such and so many standing and special committees or boards as mny seem to them fit, and may, if they think fit, place on them persons who are not members of the appointing bodies such committees may deal with any subject delegated to them, subject to subsequent confirmation by the appointing body scloction commin • 29 [(1) the selection committee for any appointment specified in column (1) of the table hereto annexed shall consist of the vice-chancellor, the pro-vice-chancellor, a nominee of the visitor and the persons specified in the corresponding entry in column (2) of tile said table (1) (2) professor (i) the dean of the faculty, (ii) the head of the department concemed, 1f he is a professor, (iii) three persons not connected with the university nominated by the standing committee of the academic council for their special knowledge of, or interest in, the subject with which the professor will be concerned reader, ") lecturer f (i) the dean of the faculty, (ii) the head of the department eoncerned, (iii) two persons not connected with the university nominated by the standing committee of the academic council, for their having special knowledge of, or interest in the subject with which the person to be appointed will be concerned (i) treasurer, hegistrar (ii) two members of the executive council nnmillibted by it] [(2) the vice-chancellor or, in his absence, the pro-vice-chancellor shall preside at the meetings of a selection committe~] [(3) the meetings of a selection committee shall be convened by the vice-chancellor or, in his absence, by the pro-vice-chancellor] [(4) th~ selection committee shall consider and submit to the executive council recommendations as to the appointments referred to it· if the executive council is unable to eccept th£' recommendations made by the committee, it shall record its reasons and submit the case to the visitor for final orders] [29a (1) there shall be an alumni association established for alumni the banaras hindu university aiioc:ialioll (2) the subscription for membership of the association shalj be prescribed by the ordinances (3) no member of the association shall be entitled to vote or stand for election unless he has been a member of the association for at least one year prior to the date of the election ~md is a graduate of at least five year's standing of the university: provided that the condition relating to the completion of one year's membership shall not apply in the case of the first election after the commencement of the banaras hindu university (amendment) act, 1951] "[provided further that all the registered graduates enrolled for life on the date of the commencement of the banaras hindu university (amendment) act, 1951, shall be members of the alumni association"] acts durin~ ylolncie~ 30 [no act or proceeding of any authority or body of the university shall be invalid by reason only of the existence of any vacancy among its members or eny defect in the constitution thereof] elected 31 where, by the statutes or [ordinances], no provision is made chairman to for a president or chairman to preside over a meeting of any univerpreside where no sity authority, board or committee, or when the president or chair-=:~~l the man so provided for is absent, the members present shall elect one statute} oi ttieir member to preside at the meeting re-appointmcnt and re-election 32 [save, as otherwise provided in the act, the statutes or the ordinances,] every officer of the university and every member of any university authority, whose term of office or of membership has expired, shall be eligible for re-appointment or re-election, as the ca;;e may be resignation :13 [(1) any member, other than an ex-officio member, of the court, the executive council, the academic council, or any other university authority may resign by letter addressed to the registmr, and the resignation shall take effect as soon as such letter is received by the registrar (2) any officer of the university, (whether salaried or otherwise), other than the dean, may resign his office by letter addres9f!d to the registrar: provided that such resignation shall take effect only on the date from which the same is accepted by the authority competent to fill the vacancy] - vidl govt letter no f j9-9/s~a j dated z9-3-s6 34 [(1) any member of the court, the executive council, or the removal academic council, may be removed by a resolution of the court, the exe'cutivt' council or the academic council, as the case may be, passed by a majority of not less than two-thirds of its members on pither of the following grounds, namely:-(i) the member oos become incapable of performing his duties; (ii) the member has been convicted by a court of law of an offence which, in the opinion of the court, the executive council or the academic council, as the case may be, involves moral turpitude (2) notwithstanding anything contained in the terms of his appointment, any officer of the university, salaried or otherwise, may be removed from tbat office by the authority which is competent to fill the vacancy on either of the following grounds, namely:-(i) the officer has become incapable of performing his duties; (ii) the officer has been convicted by a court of law of an offence which, in the opinion of the court, the executive council or the academic council, as the case may be, involves moral turpitude: provided that nothing in this clause shell be deemed to affect any rights accruing to an officer appointed on contract in accordance with the terms of that contract] [34a notwithstanding anything contained in the statutes, no p~rson wh(j is n~t ordinary resident in india shall be eligible to be an officer of the university or a member or any authority of the university] 34b (1) whenever, in accordance with these statutes, any person is to hold an office or be a member of any authority of the university by rotation, according to seniority, such seniority shall be determined according to the length of continuous service of such person in his ~rade or post, as the case may be, and in accordance with such other principles as the executive council may, from time to time, prescribe (2) it shall be the duty of the registrar to prepare and maintain, in respect of each class of persons, to whom the provisions of this statute apply, a complete and up-to-date seniority list in accordance with the provisions of the foregoing clause ('1) if two or more persons have equal length of continuous service in a particular grade or post, or the relative seniority of any person or persons is otherwise in doubt, the registrar may on his own motion, and shall, at the request of any such persons, submit the matter to the executive council, whose decision thereon shall be final 34c notwithstanding anything contained in these statutes, a person who h)lds any post in the university or is a member of any authority or body of the university in his capacity as a member of a particular authority or body or as the holder of a particular appointment shall hold office so long only as he continues to be a member of that particular lquthority or body, or the holder of that particular eppointment, as the case may be statutes made by the court under sub-section (3) of section 17 of the act· and adapted and modified q8 mentioned above | notice | of ||--------------------|--------------|| annual | || meetinls | || 35 | || notices of | the || [x] | || meeting | of || by | || the | secretary, || 30 | || days | before || with | an || noted | or || the | consent of || ;jt | || tne | meeting || notice of | 36 || every | member || ~~:~d~~n~~ | || bu5iness | at || as | || chan~ellor, | || pro-chancellor, | [ || of | || the | executive || of | || the | || oome | of || 20 | || days | || b~fore | || the | day || intend" to propose | an || secretary | ten || noti~e | || of | || 37 | [a notice of || ~~~~~l | || ;;tating | generally || soolj | || be | |meetin~k and buslne;s !len l to each member of the court and no such meeting shall be' b' he h h t t' ed' t l to be tr8ncompetent to transact any usmess ot r t an t a men lon in lie sacted notice or directly arising out of it [any member desiring to send ci proposal reletmg to the nature of the business specified in the notice shall send such proposal to the secretary so as to reach him at least ten days before the meeting] proc«;dure iii 38· the procedure at meetings shall be in accordance with regubee~~ib~a:~d l&tions to be made by the court in thet behalf by rufes to _ ' ' ' ' _ "--"-' - _ be made by recdvcd the approval of the vi,itor under sub-section 5 of section 17 of the act the court on the 12th and the 30th august, 1916 39 contracts made by or on beh'if of the university shall be valid contracts and hinding on the university if nde as follows:-(a) any contract which if made between private persons would by law be required to be in writing and, if required by the law in force in [x] india to be registered, may be similarly made on behalf of the university in writing under its corrunon seal and registered, and such contract may in the same manner, be varied or discharged (b) any contract which if made between private persons would by law be required to be in writing and signed by the parties to be charged therewith, may be made on behalf of the university in writing signed by any person acting under the express or implied authority of the [executive] council, and such contract may in the same manner be varied or discharged (c) any contract which if made between private f?ersons would by law be valid, although made verbally only and not reduced into writing, may be made either in writing or verbally on behalf of the university by any person acting under the express or implied authority of the [executive] council, and such contract may be in the zame way varied or discmrged: provided always that no contract exceeding rs 500 in amount or value shall be made except in writing (d) the executive council shall from time to time appoint such person or persons as it m63y think proper, either by office or by name, to enter into, execute and sign contracts for ~nd on behalf of the university, and to present them for registration and to register the same according to the law in force for the time being 40 [omitted] of 41 [the names and addresses of all persons who bave paid hs 500 or upwards before the commencement of the banaras hindu i t ,is university (amendment) act, 1951, or may after such commence- dodn~ ment pay a sum of rs 1,000 or upwards to the university shall, from time to time, be entered in a list kept for the purpose by the secretary of the court] explanation-in this statute, the term "secretary" means the secretary of the court or, in his absence for any cause or where there is no person holding the post of secretary such person as the vice-chancellor may nominate to perform for the time being, the duties tlf the secretary under these statutes 621 ls-6 rqiatered 42 every person whose name is entered in the said list shall be deemed to be a registered donor within the meaning of the statutes an9 entitled to vote at the election 43 [omitted] " [omitted] 45 [omitted] 46 [omitted] 4'1 [omitted] 48 [omitted] 49 [omitted] so [omitted] 51 [omitted] 52 [omitted] 53 [omitted] 54 [omitted] 55 [omitted] 56 [omitted] 5'1 [omitted] 58 [omitted] 59 [omitted] 60 [omitted] 61 [omitted] 6! [omitted] 63 [omitted] m [omitted] 85 [omitted] 66 [omitted] 67 [omitted] 68 [omitted] 89 [omitted] 10 [omitted] n [omitted] 72 [(1) the executive council shall make provision for the pr<?vision rc'r maintenance of the central hindu school and other schools which ~c~~~~ll("e have been established in accordance with the act, the statutes, or hindu the rlegulations in force before the commencement of the banaras school the ordiances to be made in this behalf] (2) [the management of such schools shall be in accordance with the ordinances to be made in this behalf] 73 [omitted] 74 [omitted] 75 [omitted] 76 [omitted] 77 [omitted] 78 [omitted] 79 [omitted] 80 romitted] 81 the [schools referred to in statute 72 and all their] buildings, pro) pe,"!ies - be ongmg to properties, furniture, apparatus and books and accounts shall be the the school property of the university to b~ prournes of the statutes 1·elating to provident fund made by the court under section niversity 16a of the act,· an1 amended and adapted as mentioned abot'e 8z every employee of the university, appointed permanently to b substantive post, cl!rrying a salary of rupees twenty per mensem or upwards, shall, as a condition of his service, contribute to the provident fund six and a quarter per cent of his salary such contribution shall be deducted from his salary every month in making the deduction, fractions of a rupee of the salary shall be omitted 83 [the university shall contribute to the fund a sum equal to such percentage of the salary of each employee as may be approved by the central government the contribution so made by the university, shall be credited to the account of such employee and char~ed in the university accounts under the head "provident fund"] -k4 the amount of the deduction made from the salary of an employee under statute 82 and the amount of the contribution made by the university under statute 83 shall be deposited in the post office savings &ank or in the imperial bank, as the [executive] council of the university may direct, in the name of the fund as early as practicable or at any rate within three days of the date on which the payment of the salaries is mede 85 the university may, from time to time, invest such part of the provident fund, as may be considered expedient, in such government securities as the [executive] council of the university may determine and may change the nature of the securities all interest or profit realized from the securities or from any deposit or account iqrising out of the fund, shall, after deducting the incidental expt'nses of investment or realization, be credited in the provident fund account to be distributed rateably in the account of each contributor [85a on a written application from a subscriber to the provident fund and with the approval of the executive council the university may allow premi9 on the life insurance policy of the subscriber to be paid out of the subscriber's share in his provident fund in all such cases the life insurance policy for which the premia are so paid shall be assigned in favour of the university on the retirement of the subscriber from the service of the university, the policy shall be re-assigned to him by the university in case of maturity of the policy during the pendency of the service of the subscriber in the university, the full amount of the policy shall be credited to the provident fund of the subscriber in the case of the death of the subscriber, during the service of the university, the full amount of the policy shall be paid to the legal representative of the deceased entitled to the provident fundl 86 the amount at the credit of any employee sbiqu be payable:-(a) on the death of the employee to the person or persons nominated by him or, when no such nomination is made, to his legal heir or heirs (b) on his ceasing to be in the service of the university to such employee provided:-(i) that no employee of the university, who has been dismissed for what is considered by the [executive] council as gross misconduct shall, if the [executive] council so directs be entitled to the benefit or to receive any part of any sum at any time contributed by the university to the fund or the interest or profit thereon; (ii) that if any employee resigns his appointment before putting in five years' service, the university may withhold the contribution allotted to him, together with the interest thereon, and pay to the employee only the balance at his credit without such contribution or the interest on or profit from contribution· 87 the university shall not be entitled to recover, from the amount to the credit of iqny such employee in the said fund on account uf contributions made by him thereto (including interest on or profit from such contributions), any sum on account of any loss or damages rustained by the university through the misconduct or negligence of any such employee or any other sum due by him - any such loss or damaf{e sustained by the university or other liability incurred by the employees to the university, shall, however, be recoverable from the contribution made by the university to his account including interest or profit thereon 88 any contribution and interest or profit withheld under these statutes, shall lapse to the university 89 in case of urgent necessity, which in the opinion of the [executive] council justifies the course, the university may allow a depositor an advance of a sum, not exceeding his salary for three months, out of the amount contributed by him with interest thereon (excluding the contribution of the university and the interest or profit thereof) the advance will be recovered by such number of monthly instalments, not exceeding twenty-four as the rexecutive] council may fix, and shall be recovered by'deduction from the salary payable by the university to such employee the amount of such instalments shall be fixed in round number, and the deductions shall commence from the first payment of a full month's salary, after such advance has been made, and the last instalment shall cover the entire balance then due rp:-ovided that if an advance is required for the purpose of building or purchasing a house, the maximum limit of the advance may be equal to twelve month's salary of the subscriber out of his own contribution to the fund, to be repaid in such instalments, not exceeding forty-eight, as the executive council may determine) an em~loyee may at his option pay at any time any additional sum above the amount fixed no subsequent advance will, however, be made until the lapse of three months from the date when the previous advance has been fully repaid 96 an employee, who is on lea/e on full pay, shall continue to pay his contribution to the provident fund and may do so at his option, if he is on leave on less than full pay 11· a separate account in form a shall be annually kept in the office of the university on account of every employee contributin~ to the provident fund, and a copy of this account shall be furnished to every such employee at the end of each financial year and on his ceasing to be an employee formaprofjitk"t fund ba'laras hindu unitlllrsiry dliposit account for tm yliar lind;,,, tm jist of march, 195 92 amounts credited or debited to the provident fund shall on the same day be posted to the provident fund ledger in form b, given below the figures for column 6 in the ledger will be calculated yearly as also the net balance of each account entered in columns 7 and 10 no \oluntary deposits from employees will be credited to the provident fund 93 if a depositor dies or his services otherwise terminate, hi account shall be closed, and the sum due to him shall cease to bear interest or carry any profit after the expiry of the month in which his death or the termination of his services occurs 94 when an account is closed, any sum remammg unclaimed shall be removed from the provident fund ledger and transferred to a deposit account at the end of the year and be dealt with like any ordmary deposit 95 every employee, coming under these statutes shall be required to sign a written declaration that he has read these statutes and agrees to abide by them and hand over for registration in the university office the names of the person or persons to whom he wishes the balance at his credit to be paid in the event of his death when nominating more than one person, he may state the proportion in which the said balance may be paid to each of them respectively in case his nominee or any of his nominees is a minor, he should state the date of his birth; and the payment shall be made to his next friend or guardian who may be authorised by law to receive payment on his behalf while he is a minor the depositor may, from time to time, add to or change his nominee or nominees and the proportion in which the same is to be distributed, by written application to the university a register of such nominees shall be kept in the university office in form c given below:-signature of depositor name aj d addless of his rominle with date of birth name of de),ositor ard the rame of his next fricrd if he is a minor signatut'e of the pro vice-charcellor, b h u 3 4 96 notwithstanding anything contained in these statutes, no employee of the university will be entitled to the benefit of these statutes who is otherwise entitled to a pension or on whose account the university contributes towards his pension and leave allowance or who has been appointed by the university on a consolidated salary on special terms statutes relating to gratuity and compassionate fund made bu the court· 97 the university shall set apart a sum of rs looo/-t every year rond invest the same at interest in order to form a fund for the -received the approval of the visitor under sub-section 5 of section 17 of the payment of graluities to the servants or employees of the university, and for the payment of compassionate allowance to their families, as hereinafter provided 98 if the unspent balance of that fund at the close of any financial year exceeds rs 3,000/- the university may stop further payment to thoe fund under the preceding statutes till it falls below that amount or reduce the amount payable thereunder 10 as not to exceed that amount 99 no gratuity shall be payable to a servant or employees of less than ten years' standing or getting a salary of rs 20/- per mensem or over 100 subject to statute 99, a gratuity equal to half month's pay for ev€ry completed year of service may be paid to a permanent servant or employee of the university, if he has been permitted to retire from the service of the univ'ersity on account of his physical incapacity to continue in its service provided that the total amount of such gratuity shall not exceed rs 240/- in any case 101 if such servant or employee dies while in the service of the university after completing a service of ten years such compassionate allowance, not excepding the pay of sucn servant or employees for three months, may be paid to such members of his family, who may have been dependent on him for their livelihood as the [executive] council may, in view of the circumstaneee of each case, determine 102 the payment of the gratuity or compassionate allowance may be made either in a lump sum or by instalments or in such other manner as the [executive) council may determine a bill further to amend the banaras hindu university act, 1915 cdr kl shrimali, minister of education)

Parliament_bills

bfbb34dd-8f5a-5c1e-814b-54aa24bea8ac

as introduced in lok sabha bill no 141 of 2016 the railways (amendment) bill, 2016 byshri shivaji adhalrao patil, mp a billfurther to amend the railways act, 1989be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the railways (amendment) act, 201624 of 1989amendment of section 1262 in section 126 of the railways act, 1989, (hereinafter referred to as the principal act), in sub-section (1), the following proviso shall be inserted, namely:—5"provided that where a person, who has sustained the injury or suffered any loss, or the dependant of the deceased, as the case may be, is not in a position to make an application for interim relief, the railway administration shall, after verifying the facts, declare an interim relief of rupees five lakh in case of death; rupees one lakh in case of grievous injury and rupees twenty five thousand in case of minor injury without insisting on application for interim relief" 3 in section 127 of the principal act, after sub-section (1), the following proviso shall be inserted, namely:—10amendment of section 127"provided that in case of death of a passenger, the amount of compensation shall not be less than rupees ten lakh" statement of objects and reasonsthe railways act, 1989 was enacted to provide a legal framework for proper development and regulation of the railway services under the provisions of the act, for getting an interim relief during accidents, an applicant has to make an application to the claims tribunal but there may be situations when an applicant may not be in a position to make an application for interim relief, especially the dependant of the deceased in such a situation, it would not be appropriate to insist for filing of application moreover, a railway claims tribunal has been empowered to fix the compensation in case of death or injury in case of an accident but no minimum compensation has been provided in the actthe bill, therefore, seeks to amend the parent act with a view to do away with the procedural formality of making an application to the railway claim tribunal seeking an interim relief in situation when the applicant is not in a position to file an application the bill also proposes to fix amount of relief in case of death of deceased to rupees five lakh; in case of grevious injury to rupees one lakh and for minor injury rupees twenty-five thousand moreover, the bill intends to fix the minimum amount of compensation in case of death of a passenger to rupees ten lakhhence this billnew delhi;shivaji adhalrao patilapril 13, 2016 financial memorandumclause 2 of the bill seeks to provide interim relief of rupees five lakh in case of death;rupees one lakh in case of grievous injury and rupees twenty five thouand in case of minor injury clause 3 provides that amount of compensation in case of death of a person in an accident shall not be less than rupees ten lakhs the bill, therefore, if enacted would involve expenditure from the consolidated fund of india however, at this stage it is not possible to estimate the expenditure likely to be incurred annexure extract from the railways act, 1989 (act no 24 of 1989)| | | | | | | ||------|------|------|------|------|------|-----|interim relief by railway administration126 (1) where a person who has made an application for compensation under section125 desires to be paid interim relief, he may apply to the railway administration for payment of interim relief along with a copy of the application made under that section| (2) | | | | | ||---------|------|------|------|------|-----|127 (1) subject to such rules as may be made, the rates of compensation payable in respect of any injury shall be determined by the claims tribunaldetermination of compensation in respect of any injury or loss of goods(2) ———— a billfurther to amend the railways act, 1989————(shri shivaji adhalrao patil, mp)

Parliament_bills

6473c23d-4e9b-566e-ba86-a611c9437ffc

bill no lxii of 2016 the national waterways (amendment) bill, 2016 a billto amend the national waterways act, 2016be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the national waterways (amendment) act, 2016short title and commencement5(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint17 of 20162 in the schedule to the national waterways act, 2016, entries shown against serialnumbers 25, 27, 68, 71, 88 and 111 shall be deletedamendment of the schedule statement of objects and reasonsthe union government introduced a bill in parliament recently, entitled the national waterways bill 2016, which was passed by both the houses of parliament and, is now law of the landthe act has sought to nationalise in all 111 reivers in the country which includes six rivers of goa which are mentioned in the schedule of the act at serial nos 25 (chapora river), serial 27 (cumarjua river), serial no 68 (mandovi river), serial no 71 (mapusa/moide river, serial no 88 (sal river) and serial no 111 (zuari river)if the intention of the government was to make the rivers more effectively navigable, then, the proper course would have been to allot some financial assistance to goa government for purpose of undertaking dredging work instead resorting to nationalisation of the six rivers which involves taking possession by the central government of the six rivers and some unspecified landlegal status of the land on both sides of the banks of the six rivers is still not knownwhether by virtue to nationalisation of the six rivers, a certain area on both sides of the six rivers is going to be the property of the central government or not has not been made clearin what circumstances, the state government gave approval to the bill has not been explained to the people of goa, and also, whether social impact assesment has been made with respect to the six rivers, and whether, issues arising out of impact on fishermens' livelihood and other environmental aspects, have been taken into consideration, has not been made transparentat the stage of introduction of the bill, funding pattern has also not been quantified although it is learnt that besides the budgetary support the finding will involve public private partnership, world bank loan and not less than five to six other sourcesrallys and morchas were held in the state of goa on the issue of nationalisation in the meantime, mormugao port trust has entered into an agreement with inland waterways authority without making goa government a partyhowever, since there is a general opposition to the nationalisation of the said six rivers of goa, the present bill is being sought to be introducedshantaram naik annexure extracts from the national waterways act, 2016 (17 of 2016) the schedule(see section 2)| slno | national waterways | limits of the national waterways ||----------------------------------------------------|-----------------------|------------------------------------|| (1) | (2) | (3) || | | || 25 | national waterway 25 | || chapora river: | | || bride at state highway no 124 (1 km from maneri | | || village) lat 15 | | || 0' | | || 42'47" n lon 73 | | || 0 | | || 57' 23" e to | | || confluence of chapora river with arabian sea at | | || morjim lat 15 | | || 0 | | || 36'33"n, lon 73 | | || 0 | | || 44'01"e | | || | | || 27 | national waterways 27 | || cumberjua river: | | || confluence of cumberjua and zuvari rivers near | | || cortalim ferry terminal lat 15 | | || 0 | | || 24'40"n, lon 73 | | || 0 | | || 54'48"e to confluence of cumberjua and mandovi | | || rivers near sao martias vidhan parishad lat 15 | | || 0 | | || 31'26"n, lon 73 | | || 0 | | || 55'34"e | | || | | || 68 | national waterway 68 | || mandovir river: | | || bridge at usgaon at lat 15 | | || 0 | | || 26'42"n, lon 74 | | || 0 | | || 03'12"e | | || to confluence of mandovi river with arabian sea | | || at reis magos lat 15 | | || 0 | | || 28'32"n, lon 73 | | || 0 | | || 46'46"e | | || | | || 71 | national waterway 71 | || mapusa/moide river: | | || bridge on national highway-17 at mapusa lat 15 | | || 0 | | || 35'21"n, lon 73 | | || 0 | | || 49'17"e to confluence point of | | || mapusa and mandovi rivers at porvorim lat 15 | | || 0 | | || 30'20"n, lon 73 | | || 0 | | || 50'42"e | | || | | || 88 | national waterway 88 | || sal river: | | || orlim deusa bridge lat 15°13'11" n, lon 73°57'30"e | | || to confluence with arabian sea at mobor lat | | || 15°08'32"n, lon 73°57'0"e | | || | | || 111 | national waterway 111 | || zuari river: | | || sanvordem bridge lat 15°16'15"n, lon 74°07'11"e | | || to marmugao port lat 15°25'55"n, lon 73°48'13"e | | | rajya sabha———— a billto amend the national waterways act, 2016————(shri shantaram naik, mp)gmgipmrnd—4927rs(s3)—10-03-2017

Parliament_bills

e582c2ed-1478-5cc0-a220-cd141db024ba

bill no 70 of 2011 the right to information (amendment) bill, 2011 byshri bhausaheb r wakchaure, mp a billfurther to amend the right to information act, 2005be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the right to information (amendment) act, 2011(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force at onceamendment22 of 20052 in section 6 of the right to information act, 2005, (hereinafter referred to as theprincipal act), for sub-section (2), the following sub-section shall be substituted, namely:—"(2) an applicant making request for information shall give reason for requesting the information and other personal details including those details that may be necessary for contacting him"amendment of section 73 in section 7 of the principal act, in sub-section (1), for the words "for any of the reasons specified in section 8 and 9", the words "if it does not comply with requirements of sub-section (2) of section 6 or for any of the reasons specified in sections 8 and 9" shall be substitutedamendment of section 854 in section 8 of the principal act, in sub-section (1), after clause (j), the following clause shall be inserted, namely:—10"(k) information if any application made under section 6 does not contain reasons for requesting such information or if the reasons given by the applicant are not adequate or are factually incorrect in the opinion of the authority competent to furnish the information" statement of objects and reasonsthe right to information act was enacted in 2005 though the legislation is serving its purpose to a great extent and especially in the sphere of public grievances against the authorities, yet there are certain lacunae in the act certain anti-social elements seek information about the affairs of public authority for ulterior reasons the only reason for seeking such information is to blackmail such authorities or organizations or to make money or harass themin fact, it is a welcome step that social organizations use the act to help the poor people to get their grievances redressed but at the same time any information which could be misused to harass individuals should not be allowed to be obtainedtherefore, it is proposed in the bill that an applicant seeking certain information shall provide the reasons therefor and the authority may reject the application if the reasons are not furnished or inadequateas such, it is proposed to amend the right to information act, 2005, accordinglynew delhi;bhausaheb r wakchaureaugust 2, 2011 annexure extract from the right to information act, 2005| | | | | | | | ||--------------|----|------|------|------|------|------|-----|| 6 | ( | 1 | ) | | | | || ( | a | ) | | | | | || request for | | | | | | | || obtaining | | | | | | | || information | | | | | | | || ( | b | ) | | | | | |(2) an applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him| | | | | | ||------|------|------|------|------|-----|disposal of request7 (1) subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the central public information officer or state public information officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request, either provide the information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in sections 8 and 9:| | | | | | | | ||---------------|----|------|------|------|------|------|-----|| 8 | ( | 1 | ) | | | | || ( | a | ) | | | | | || exemption | | | | | | | || from | | | | | | | || disclosure of | | | | | | | || information | | | | | | | || ( | b | ) | | | | | || ( | c | ) | | | | | || ( | d | ) | | | | | || ( | e | ) | | | | | || ( | f | ) | | | | | || ( | g | ) | | | | | || ( | h | ) | | | | | || ( | i | ) | | | | | |(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the central public information officer or the state public information officer or the appellate authority, as the case may be, is satisfied that the large public interest justifies the disclosure of such information: provided that the information which cannot be denied to the parliament or a state legislature shall not be denied to any person| | | | | | ||------|------|------|------|------|-----|———— a billfurther to amend the right to information act, 2005————(shri bhausaheb r wakchaure, mp)gmgipmrnd—1263ls—(s3)—24-08-2011

Parliament_bills

1dd3ec86-3aed-5e88-8948-63f98aa37f5d

bill no 68 of 2003 a the state of delhi bill, 2003 a billto provide for the establishment of the state of delhi and for matters connected therewith, be it enacted by parliament in the f ifty-fourth year of the republic of india as follows: - parti preliminary1 this act may be called the state of delhi act, 2003, short title 2 in this act, unless the context otherwise requires,— definitions, (a) "administrator" means the administrator appointed by the president under article 239; (2) "appointed day" means the day which the central government may, by notification, appoint; : fo (c) "article" means an article of the constitution; 43 of 1950, (d) "assembly constituency" and "parliamentary constituency" have the meanings assigned to them in the representation of the people act, 1950; (e) "election commission" means the election commission referred to in article 324; (/) "existing union territory" means the union territory of delhi called as the national capital territory of delhi as existing immediately before the appointed day; (g) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument, having immediately before the appointed day, the force of law in the whole or any part of the existing union territory; iw (a) "notification" means a notification published in the official gazette; (i "sitting member", in relation to the either house of parliament or of the legislative assembly of the existing union territory, means a person who, immediately before the appointed day, is amember of that house or that assembly, as the case may be; , to (/) "treasury" includes a sub-treasury part ih establishment of the state of delhiestablishment 3, on and from the appointed day, there shall be established a new state to be known ot nae as the state of delhi comprising the territories of the existing union territory ira amendment 4, on and from the appointed day, in the first schedule to the constitution,— of the first schedule to (a) under the heading "i the states", after entry 28, the following entry shall the be inserted, namely:— constitution lo, ; "29, delhi the territories specified in section 3 of the state of delhi act, 2003"; (b) under the heading "i the union territories", entry 1 relating to delhi 20 shall be omitted and entries 2 to 7 shall consecutively be renumbered as entries 1 to 6 saving powers 5 nothing in the foregoing provisions of this part shall be deerned to affect the power of governof the government of the state of delhi to alter, after the appointed day, area or boundaries ment of any district or other territorial division in the state parti a5 representation in the legislatures the council of statesallocation of 6 onand from the appointed day, there shall be allotted three seats in the council of seats in the states to the state of delhi and in the fourth schedule to the constitution, the entry 29 sonnel of relating to the existing union territory shall be deemed to be the entry relating to the state of 3o state of deli delhi 'allocation of 7 (2) on and from the appointed day the three sitting members of the council of sitting states, representing the existing union territory, shall be deemed to have been duly elected members and under clause (4) of article 80 to fill the seats allotted to the state of delhi term of their _ : office (2) the term of office of the sitting members shall remain unaltered 35 the house of the people allocation of 8, (7) on and from the appointed day, the allocation of seats to the state of delhi in the seats in the house of the people shall be seven and the number of seat to be reserved for the scheduled existing castes shall be one out of those seats and the first schedule to the representation of the pot the people act, 1950 shall be deemed to be amended, accordingly (2) on and from the appointed day, the parliamentary constituencies of the existing union territory shall be deemed to be the parliamentary constituencies of the state of, delhi and the delimitation of parliamentary and assembly constituencies order, 1976, shall be construed accordingly | provision | as ||--------------|---------|| to | sitting || member | |9 the sitting members of the house of the people representing the constituencies which, on the appointed day, by virtue of the provisions of section 8 become the constituencies of the state of delhi shall be deemed to have been elected under sub-clause (4) of clause (1) of article 81 to the house of the people by those constituencies the legislative assembly10 on and from the appointed day,— provisions as (d the total number of seats in the legislative assembly of the state of delhi to be filled by person chosen by direct election from assembly constituencies shall be | to ||-------------|| legistative || assembly |seventy and the second schedule to the representation of the people act, 1950 shall 43 of 1950 10 be deemed to be amended, accordingly; (id) the assembly constituencies of the existing union territory shall be deemed to be the assembly constituencies of the state of delhi and the delimitation of assembly constituencies order, 1976, shall be construed accordingly; ' is (iii) the sitting members of the legislative assembly representing the constituencies which, on the appointed day, by virtue of the provisions of clause (ii) become the constituencies of the state of delhi, shall be deemed to have been elected under clause (1) of article 170 to the legislative assembly of the state of delhi; ie (iv) the period of five years referred to in clause (1) of article 172 shall, in case of legislative assembly deemed to be the legislative assembly of the state of delhi under clause (//), be deemed to have commenced on the date on which the duration of the legislative assembly of the existing union territory commenced under section 5 of { of 1992 the government of national capital territory of delhi act, 1991 | speaker ||------------|| deputy || speaker |ey 11 the persons who immediately before the appointed day are the speaker, and the deputy speaker, of the legislative assembly of the existing union territory shall be the speaker and the deputy speaker respectively, of the legislative assembly deemed to be the legislative assembly of the state of delhi under clause (ji) of section 10 12 the rules of procedure and conduct of business of the legislative assembly of the rules of procedure existing union territory, as in force immediately before the appointed day, shall, until rules are made under clause (1) of article 208, be the rules of procedure and conduct of business of the legislative assembly deemed to be the legislative assembly of the state of delhi under 3¢ clause (i/) of section 10 subject to such modifications and adaptations as may be made therein by the speaker thereof partiv hicu court| | | | | | high | court ||----------|--------|---------|--------|----------|-----------|---------------|| 13 | on | and | from | the | appointed | day,— || 35 | | | | | | || (a) | the | high | court | for | the | existing || for | the | state | | | | || of | dethi | | | | | || existing | high | court) | shall | be | deemed | to || article | 214, | to | be | called | the | high || court | of | delhi); | | | | || yo | | | | | | || (b) the | judges | of | the | existing | high | court || day | shall | unless | they | have | elected | otherwise, || high | court | of | delhi; | ° | | || (ce) | the | high | court | of | delhi | shall || the | state | of | delhi, | all | such | jurisdiction, || 4s | | | | | | |- immediately before that day, are exercisable in respect of those territories by the existing high court provision as 14 (/) on and from the appointed day, in the advocates act, 1961, in section 3,— 25 of 1961 to advocates () in sub-section (/), for clause (), the following clause shal! be substituted, namely:— 50 "(f) for the state of delhi to be known as the bar council of delhi;"; (ii) in sub-section (2), the words "in the case of the state bar council of dethi, the additional solicitor-general of india, ex officio;" shall be omitted (2) any person who, immediately before the appointed day, is an advocate entitled to practise in the existing high court shall be entitled to practise as an advocate in the high court of delhi 5 (3) all persons who immediately before the appointed day, are advocates on the roll of the existing bar council of delhi shall, on and from the appointed day, become advocates on the roll of the bar council of delhi (4) the right of audience in the high court of delhi shall be regulated in accordance with the like principles as, immediately before the appointed day, are in force with respect to jo the right of audience in the existing high court practice and 15 subject to the provisions of this part, the law in force immediately before the procedure in appointed day with respect to practice and procedure in the existing high court shall, with the igh the necessary modifications, applies in relation to the high court of delhi dethi custody of 16 the law in force immediately before the appointed day with respect to the custody 15 seal of the of the seal of the existing high court shall, with the necessary modifications, apply with high court of respect to the custody of the seal of the high court of delhi form of 17 the law in force immediately before the appointed day with respect to the form of writs and writs and other processes used, issued or awarded by the existing high court shall, with other necessary modifications, apply with respect to the form of writs and other processes used, 20 processes issued or awarded by the high court of delhi powers of 18 the law in force immediately before the appointed day with respect to the powers judges of the chief justice, single judges and division courts of the existing high court and with respect to all matters ancillary to the exercise of thdse powers shall, with the necessary modification, apply in relation to the high court of delhi a5 principal seat 19 (1) the principal seat of the high court of delhi shall be at the same place at which and other the principal seat of the existing high court is located immediately before the appointed day places of ° soee sitting of the | (2) notwithstanding anything contained in sub-section (/), the judges and division high court of courts of the high court of delhi may also sit at such other place or places within the - delhi territories to which the jurisdiction of that high court extends as the chief justice of that 3o high court may, with the approval of the governor of the state, appoint procedure as 20 the law in force immediately before the appointed day relating to appeals to the to appeals to supreme court from the existing high court and the judges and division courts thereof shall, supreme with the necessary modifications, apply in relation to the high court of delhi court ; 21 (2) alll proceedings pending in the existing high court immediately before the 35 rae tdings appointed day shall, from such day, stand transferred to the high court of delhi to the high (2) every proceeding transferred under sub-section (/) shall be disposed of by the delhi high court of delhi as if such proceeding was entertained by that high court interpreta- 22 (1) for the purposes of'section 21,— tion, etc (a) proceedings shall be deeined to be pending in a court until that court has yo disposed of all issues between the parties, including any issue with respect to the taxation of the costs of the proceedings and shal! include appeals, application for leave to appeal to the supreme court, applications for review petitions for revision and petitions for writs; and (b) references to a high court shall be construed as including references to a ys" judge or division court thereof and references to an order made by a court or a judge shall be construed as including references to a sentence, judgment or decree passed or made by that court or judge (2) any person who, immediately before the appointed day, is an advocate entitled to practise in the existing high court and was authorised to appear or to act in any proceedings transferred from that high court to the high court of dethi under section 21 shall have the right to appear or to act, as the case may be, in the high court of delhi in relation to those proceedings partv authorisation of expenditure and distribution of revenuesauthorisation 23 (7) the president may, at any time before the appointed day, authorise by order [oe of expendisuch expenditure from the consolidated fund of the state of delhi as he deems necessary for ture pending a period of not more than six months beginning with the appointed day, pending the sanction of such expenditure by the legislative assembly of the state of delhi: its sanction by the legislature provided that the governor of delhi may, after the appointed day, authorise by order such further expenditure as he deems necessary from the consolidated fund of the state of is delhi for any period not extending beyond the said period of six months (2) the president or, as the case may be, the governor of delhi shall make separate orders under sub-section (/) in respect of periods falling in different financial years 24, the reports of the comptroller and auditor-general of india referred to in section reports relating to 48 of the government of national capital territory of delhi act, 1991, relating to the accounts 1 of (99220 the accounts of the existing union territory in respect of any period prior to the appointed day, shall be submitted to the governor of the state of delhi who shall cause them to be laid before the legislative assembly of that state of the existing union territory a5 allowances and privileges of governor 25, the allowances and privileges of the governor of the state of delhi shall, until provision in that behalf is made by parliament by law under clause (3) of article 158, be the same as are provided to the administrator of the existing union territory immediately before of the state of delhi the appointed day 26 the president shall, by order, determine the grants-in-aid of the revenues of the distribution of revenues state of delhi and share of that state in the union duties and taxes in such manner as he se thinks fit till 31st day of march, 2004 part vi assets and laabilitiesdefinition 277 in this part "union purposes" means the purposes of government relatable to any of the matters mentioned in list i of the seventh schedule to the constitution and entries 1 and 2 of list ii of the seventh schedule to the constitution and entries 64, 65 and 66 of that 35 list in so far as they relate to the said entries | and 2 land and goods 28 (1) subject to the provisions of this part, all land and all stores, articles and other goods held immediately before the appointed day, by the union for the purposes of the governance of the existing union territory, shall, on and from that day pass to the state of 4o delhi, unless any such land, stores, articles, or goods are owned or held for union purposes: provided that the ownership of land which is within the boundary of new delhi shail vest in the union explanation—for the purposes of this sub-section, the expression "new delhi" has the meaning assigned to it in clause (27) of section 2 of the new dethi municipal council act, 1994 : 44 of 199445 2) the stores held for specific purposes, such as use or utilisation in particular institutions, workshops or undertakings or on particular works under construction, shall be retained by the union if such institution, workshop, undertaking or work is carried on for union purposes (3) in this section, the expression "jand" includes immovable property of every kind and any rights in or over such property 29 the total of the cash balances ii cash balances bank of india and any nationalised bank, of the existing union territo! the appointed day shall be the cash balances of the state of delhi explanation—in this section, "balance" includes a debit balance arrears of taxes 30 (1) the right to recover arrears of any tax or duty (including arrears of land revenue) on any property situated in the territory of the state of delhi shall belong to the state of delhi (2) the right to recover arrears of any tax or duty, other than a tax or duty specified in sub-section (/), shall belong to the state of delhi if the place of assessment of that tax or duty is included in the territory of the state of delhi: provided that nothing contained in this sub-section shall empower the state of to recover any tax or duty which that state is not competent to impose | right | to ||----------|-----------|| recover | loans || and | advances, |31 (1) the liability of the union or the government of the existing union territory whether attributable to the consolidated fund of india or the consolidated fund of the existing union territory, in respect of any loan taken by the union or the government of the existing union territory for the purposes ofthe existing union territory shall be the liability of 2° the state of delhi on and from the appointed day subject to such contribution from the union as may be determined by the central government (2) the right to recover any loans or advan of the existing union territory before the appointed or other person in the territory of the state of del provided that the right to recover loans or advances of pay and travelling allowances to a government servant made before the appointed day by the administrator shall pass to the state of delhi if such government servant is allotted to that state 32 the assets and liabilities relating to any cémmercial undertaking of the existing assets and union territory shall pass to the state of delhi liabilities of state undertakings explanation—for the purposes of ¢ undertaking of the existing union territory" s provisions of part vii are applicable 33 the liability of the union to refund— refund of ; (a) any tax or duty on property, go to the state of delhi if the property is si taxes collected in excess (b) any other tax or duty collected in excess s place of assessment of that tax or duty is included in 34, the liability of the union in respect of any civil deposit or local fund shall, on and certain deposits from the appointed day, be the liability of the state of delhi, if the deposit has been madein yo the territory of the state of delhi | : provident fund 35 (j) the liability of the union in respect of the provident fund account ofa government servant employed in connection with the administration of the existing union territory and in service on the appointed day shall, onand from that day, be the liability of the state of dethi if that government servant is permanently allotted to that state ug (2) the liability of the union in re servant employed in connection with th has retired from service before the appoint n all treasuries, the reserve bank of india, the state 5° ry immediately before ex dethi ces made by the union or the government day to any local body, society, agriculturist hi shall belong to the state of delhi: 25 3o his section the expression "any commercial hall not include any undertaking to which the including land revenue collected in excess, shall 35° 'uated in the territories of that state; hall go to the state of delhi if the the territory of the state of delhi spect of the provident fund account of a government e administration of the existing union térritory who ed day shall be the liability of the state of delhi 36 (/) subject to the adjustments mentioned in sub-section (4), the state of delhi pensions granted by the administrator, etc shall, in respect of pensions granted before the appointed day by the administrator of the existing union territory, pay the pensions drawn in the treasuries in delhi of the existing union territory (2) subject to the adjustments mentioned in sub-section (4), the liability im respect of pensions of government servants employed in connection with the affairs of the existing union territory who retire or proceed on leave preparatory to retirement before the appointed day but whose claims for pensions are outstanding immediately before that day, shall be the liability of the state of delhi jo (3) the liability of the union in respect of pensions granted before the appointed day by the administrator and drawn in any treasury outside the existing union territory shall be the liability of the state of delhi (4) in respect of the period commencing on the appointed day and ending on the 31st day of march, 2004, and in respect of each subsequent financial year, the total payments made by the state of delhi in respect of pensions referred to in sub-section (/) and subsection (2) shall be apportioned between the state of delhi and the union in such manner as may be agreed between them before the expiration of one year from the appointed day, or in default of such agreement in such manner as the central government may, by order, direct zo (5) the liability in respect of the pension of any government servant employed immediately before the appointed day in connection with the affairs of the existing union territory and retiring on or after that day, shall be that of the state of delhi or the union, as the case may be, but the portion of the pension in respect of the period of service of any such government servant before the appointed day shall be apportioned between the state of delhi and the union in such manner as may be agreed between them before the expiration of one year from the appointed day, or in default of such agreement in such manner as the 45 central government may, by order, direct (6) any reference in this section to a pension shall be construed as including a reference to the commuted value of the pension , contracts 37 (1) where before the appointed day, the union has made any contract in the exercise of its executive power for any purposes of the existing union territory that contract shall be deemed to have been made in the exercise of the executive power of the state of delhi, if the purposes of the contract are, on and from that day, exclusively purposes of that state, and all rights and liabilities which have accrued, or may accrue, under any such contract shall, to the extent to which they would have beemrights or liabilities of the union, 35 be rights or liabilities of the state of delhi (2) for the purposes of this section, there shall be deemed to be included in the liabilities which have accrued or may accrue under any contract— (a) any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract; and yo (6) any liability in respect of expenses incurred in, or in connection with, any such proceedings (3) this section shall have effect subject to the other provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obligations | liability | in ||--------------|---------|| us" | || " | respect || actionable | || wrong | |38 where, immediately before the appointed day, the union, in connection with the governance of the existing union territory, is subject to any liability in respect of an actionable wrong, other than breach of contract, that liability shall,— (a) if the cause of action arose wholly within the territories of the existing union territory, be-a liability of the state of delhi; and : (6) in any other case, be initially a liability of the state of delhi but subject to such financial adjustments as may be agreed upon between the state of delhi'and the xo union, or in default of such agreement, as the central government may, by order, direct liability as 39 where, immediately before the appointed day, the union, in connection with the a aative governance of the existing union territory, is liable as guarantor in respect of any liability of societies aregistered co-operative society or other person, that liability of the union shall bea liability 5 of the state of delhi if the area of the operations of such society or person is limited to the territories of the existing union territory items in 40 if any item in suspense is ultimately found to affect an asset or liability of the suspense nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision 10 residuary 41 the benefit or burden of any assets or liabilities of the union in connection with provision the governance of the existing union territory not dealt with in the foregoing provisions of this part shall be retained by the union apportion- 42 where the state of dethi and the union agree that the benefit or burden of any ment of particular asset or liability should be apportioned between them in a manner other than that /5 assets of provided for in the foregoing provisions of this part, then, notwithstanding anything liabilities by ined therein, th fi burd f th liability shall : in th agreement contained therein, t e benefit or burden of that asset or liability shall be apportioned in the manner agreed upon power of 43, where, by virtue of any of the provisions of this part, the union becomes entitled central to any property or obtains any benefits or the state of delhi becomes subject to any liability, go government and the central government is of opinion on a reference made within a period of three years 10 oe or from the appointed day by the state of delhi that it is just and equitable that property or adjustment in those benefits should be transferred to, or shared with, the state of delhi or thata contribution certain cases towards that liability should be made by the union, the said property or benefits shall be" allocated in such manner, or the union shall make to the state of delhi such contribution in 25 respect thereof, as the central government may, after consultation with the government of the state of delhi, by order, determine part vii provisions as to arrangements, corporations and inter-state agreementscontinuance 44, if it appears to the central government that the arrangements in-regard to the 30 of arangegeneration or supply of electric power or the supply of water or the disposal of sewage for y : : regard to any area or in regard to the execution of any project for such generation, supply or disposal generation has been or is likely to be modified to the disadvantage of that area by reason of the fact that and supply of it has been transferred by the provisions of part ii from the existing union territory to the electric oy or state of delhi in which the power station and other installation for the generation and supply 35- and supp'y of of such power or disposal of the sewage or the catchment area, reservoir and other work for disposal of | the supply of water, or disposal of sewage, as the case may be, are located, the central sewage government may give directions as it deems fit, to the state government or other authority concerned for the maintenance of previous arrangement provision as 45 notwithstanding anything contained in section 22 of the banking regulation act, 4@ to co- | 1949, where by virtue of the provisions of part ii, a co-operative bank is newly formed on the 10 of j' pperative appointed day or within three months thereof in the state of delhi, it may commence and conduct banking business without obtaining a licence under that section from the reserve bank of india, until it is granted such a licence or until it is informed by the reserve bank of india that such a licence cannot be granted to it: 4g provided that such bank applies to the reserve bank of india for such a licence within a period of three months from the date of formation of the bank 46 (/) notwithstanding anything contained in section 81 of the motor vehicles act, 59 of 1988 temporary provisions as 1988, a permit granted in the existing union territory shall, if such permit was immediately before the appointed day, valid and effective in any area therein, be deemed to continue to be valid and effective in that area up to the 3 1st day of march, 2004, subject to the provisions of s | to | continu- ||-----------|-------------|| ance | of || certain | || existing | road || transport | || permits | |that act as for the time being in force in that area and it shall not be necessary for any such permit to be countersigned by any state or regional transport authority for the purpose of validating it for use in such area: provided that the central government may, after consultation with the goverment of the state of delhi, add to, amend or vary the conditions attached to the permit by the authority by which the permit was granted (2) no toll, entrance fees or other charges of a like nature shall be levied for a period up to and inclusive of the 31st day of march, 2004, in respect of any transport vehicle for its operations in the state of delhi under any such permit, if such vehicle was immediately before that day exempt from the payment of any such toll, entrance fees or other charges for 1isits operations within the existing union territory: provided that the central government may, after consultation with the state government of delhi authorise the levy of any such toll, entrance fees or other charges, as the case may be 47, where, by virtue of the provisions of part i], any body corporate constituted under 20 a central act, state act or provincial act, any co-operative society registered under any law special provisions relating to co-operative societies or any commercial or industrial undertaking is reconstituted | relating | to ||--------------|---------|| retrenchment | || compensation | || in | certain || cases, | |as or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative society or undertaking, or is dissolved, and in consequence of such reconstitution, reorganisation, amalgamation or dissolution, any workman employed by such body corporate or any such co-operative society or undertaking, is transferred to, or reemployed by any other body corporate, or in any other co-operative society or undertaking, then, notwithstanding anything contained in section 25f or section 25ff or section 25fff, of the industrial disputes act, 1947, such transfer or re-employment shall not entitle him to 4 of 1947 any compensation under that section: : go provided that— (a) the terms and conditions of service applicable to the workman after such transfer or re-employment are not less favourable to the workman than those applicable to him immediately before the transfer or re-employment; and (5) the employer in relation to the body corporate, the co-operative society or 35 the undertaking where the workman is transferred to or re-employed, is by agreement 14-08: 1947, or otherwise, legally liable to pay to the workman, in the event of his retrenchment, compensation under section 25f or section2sff or section 25fff of the industrial disputes act, 1947, on the basis that his service has been continuous and has pot been interrupted by the transfer or re-employment yo 48, where the assets, rights and liabilities:of any body corporate carrying on business special provision as are, under the provisions of this part, transferred to any other bodies corporate which after to incometax, the transfer carry on the same business, the losses of profits or gains sustained by the body corporate first mentioned which, but for such transfer, would have been allowed to be carried 4308 1961 4s" forward and set-off in accordance with the provisionsof chapter vi of the income-tax act, 1961 shall be apportioned amongst the transferee bodies corporate in accordance with the tules to be made by the central government in this behalf and, upon such apportionment, the share of loss allotted to each transferee body corporate shall be dealt with in accordance with the provisions of chapter vi of the said act as if the transferee body corporate had itself sustained such loss in a business carried on by it in the years in which these losses were sustained : 5o continuance 49 on and from the appointed day, the government of the state of delhi shall, in respect of the educational or technical institutions or universities or any other state institutions located or which may be established in the sate of delhi continue to provide facilities to the persons resident in the territories comprising the state of delhi which shall not in any respect | of | existing ||---------------|-------------|| facilities | in || certain | || institutions | or || universities, | || etc | |be less favourable than those which were being provided to them immediately before that 5 day upon such terms and conditions (including those relating to any contribution or payment to be made for the provisions of such facilities) as may be agreed upon between the state of delhi and the union before the ist day of april, 2004, or ifno such agreement is reached by the said date, as may be fixed by the order of the central government part vi provisions as to services80 (j) in this section, the expression "state cadre",— provisions (a) in relation to the indian administrative service, has the meaning assigned to it in the indian administrative service (cadre) rules, 1954; relating to all-india services (6) in relation to the indian police service, has the meaning assigned toitinthe /s° indian police service (cadre) rules, 1954; and ' (c) in relation to the indian forest service, has the meaning assigned to it in the indian forest service (cadre) rules, 1966 (2) the strength and composition of the state cadre of the state of delhi shall, on and from the appointed day, continue as such as it is existing immediately before such day in 20 respect of the existing union territory, till the central government, by notification, provides a separate cadre for the state of dethi : (3) nothing in this section shall be deemed to affect the operation, on or after the appointed day, of the all-india services act, 1951, or the rules made thereunder, inrelation 61 of j to the state cadres of the said services and in relation to the members of those services 25° borne on the said cadres 51 (/) every person employed in connection with the affairs of the state of delhi and serving, immediately before the appointed day, in the existing union territory shall, on and from that day,— provisions relating to other services (a) continue to serve in connection with the affairs of the state of delhi; and 30 (b) be deemed to be provisionally allotted to serve in connection with the affairs _of the said state: provided that nothing in clause (4) shall apply to a person to whom the provisions of section 50 apply or to a person on deputation from any state , (2) as soon: as may be after the appointed day, the central government shall by 35° general or special order, determine whether every person referred to in clause (6) of subsection (/) shall be finally allotted for service in the state of delhi or under the union in connection with the affairs of the union territory of andaman and nicobar islands and the ° date with effect from which such allotment shail take effect or be deemed to have taken effect (3) as soon as may be after the central government passes orders finally allotting an yo employee in terms of sub-section (2), the state of delhi or the union shall take steps to integrate him into the services under its control in accordance with such special or general orders or instructions as may be issued by the central government from time to time in this behalf (4) the central government may, by order, establish one or more advisory committees 45 for the purpose of assisting it in regard to— ' (a) the division of the services between the state of delhi and the union; and (b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this section and the proper consideration of any representations made by such persons: provided that notwithstanding anything to the contrary contained in any law or rule for the time being in force, no representation shall lie against any order passed by the competent authority on matters arising out of the division and integration of services under this act, on the expiry of three months from the date of publication or service, whichever is earlier, of such order: provided further that, notwithstanding anything contained in the preceding proviso, the central government may suo motu or otherwise and for reasons to be recorded, reopen any matter and pass such orders thereon, as may appear to it to be appropriate if it is satisfied that it is necessary so to do, in order to prevent any miscarriage of justice to any affected employee (5) nothing in this section shall be deemed to affect, on or after the appointed day, the operation of the provisions of chapter ] of part xiv of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs 's of the state of delhi or the union: provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in sub-section (/) or sub-section (2) shall not be varied to his disadvantage except with the previous approval of the central government xo (6) all services prior to the appointed day rendered by a person allotted under subsection (2) in connection with the affairs of the existing union territory shall for purpose of the rules regarding his conditions of service, be deemed to have been rendered in connection with the affairs of the sate or the union to which he is finally allotted (7) the provisions of this section other than clause (5) of sub-section (/) shall not ~ apply in relation to any person to whom the provisions of section 50 apply 25 provisions as 52 every person who immediately before the appointed day is holding or discharging the duties of any post or office in connection with the affairs of the existing union territory to continuance of officers in the same posts shall continue to hold the same post or office and shall be deemed, on and from that day, to have been duly appointed on the same terms and conditions of appointment and on the same tenure to that post or office by the government of, or the other appropriate authority, in the state of delhi or of the union, as the case may be: provided that nothing in this section shall be deemed to preventa competent authority, on or after the appointed day, from passing in relation to such person any order affecting his continuance in such post or office kiw 53, the central government may give such directions to the government of the state powers of central government of delhi as may appear to it to be necessary for the purpose of giving effect to the foregoing provisions of this part and the said state government shall comply with such directions to give directions partix legal and miscellaneous provisionsyo 54, on and from the appointed day, in section 15 of the states reorganisation act, 1956, in clause (5), for the words "and jammu and kashmir and the union territories of delhi, amendment of section 15 of act 37 of 1956 and chandigrah", the words ", jammu and kashmir, delhi and the union territory of chandigarh" shall be substituted 55 the provisions of part ii shall not be deemed to have effected any change in the territorial extent of laws territories to which any law in force immediately before the appointed day extends or applies, 4s" and the territorial references in any such law to the existing union territory shall, until otherwise provided by a competent legislature or other competent authority, be construed as meaning the territories within the existing union territory before the appointed day 56 for the purpose of facilitating the application in relation to the state of delhi of any power to adapt jaws law made before the appointed day, the appropriate government may, within two years from that day, by order, make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be necessary or expedient, and thereupon every such law shall have effect subject to the adaptations and modifications so made until altered, repealed or 5" amended by a competent legislature or other competent authority explanation—in this section, the expression "appropriate government", subject to the provisions of article 371j, means, as respects any law relating to a matter enumerated in the union list in the seventh schedule to the constitution, the central government; and as respects any other law, the government of the state of delhi ie $7 notwithstanding that no provision or insufficient provision has been made under power to construe laws section 56 for the adaption of a law made before the appointed day, any court, tribunal or authority required or empowered to enforce such law may, for the purpose of facilitating its application in relation to the state of dethi, construe the law in such manner not affecting the substance as may be necessary or proper in regard to the matter before the court, tribunal or 3' authority, as the case may be provisions as 58 all courts and tribunals and all authorities discharging lawful functions throughout the existing union territory or any part thereof immediately before the appointed day shall unless their continuance is inconsistent with the provisions of this act or until other provision | to | continu- ||---------|-------------|| ance | of || courts, | etc, |is made by a competent legislature or other competent authority, continue to exercise their 20 respective functions 59, the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in-any other law | effect | of ||------------|-----------|| provisions | of || act | inconsis- || tent | with || laws | || amendment | || 60 | (/) |1950, shall stand amended as directed in the first schedule aa of scheduled castes orders (2) on and from the appointed day, the constitution (scheduled castes) (union territories) order, 1951, shall stand amended as directed in the second schedule | power ||---------------|| remove || difficulties |61 (/) ifany difficulty arises in giving effect to the provisions of this act, the president may, by order, do anything not inconsistent with such provisions which appears to him to be necessary or expedient for the purpose of removing the difficulty: ze provided that no such order shall be made after the expiry of three years from the appointed day (2) every order made under this section shall be laid before each house of parliament 62 (/) the central government may, by notification, make rules for carrying out the power to make rules provisions of this act 35 (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 houses agree that the rule ye 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 repeal of act 63 the government of national capital territory of delhi act, 1991 shall be repealed { of 1992, with effect from the appointed day the first schedule[see section 60(1)} amendments to the constitution (scheduled castes) order, 1950 in the constitution (scheduled castes) order, 1950,— (/) in paragraph 2, for the figures "xxiv", the figures "xxv" shall be substituted; (2) in the schedule, after part xxiv, the following part shall be inserted, namely:- "part xxv—delhi throughout the state of delhi:-— adi-dharmi agria aheria balai banjara bawaria bazigar bhangi pms einnurwne il 13, 14, 15 16 bhil chamar, chanwar, chamar, jatva or jatav chamar, mochi, ramdasia, ravidasi, raidasi, rehgarh or raigar chohra (sweeper) chuhra (balmiki) dhanak or dhanuk dhobi dom gharrami 17 18 19, 20 21 julaha (weaver) kabirpanthi kachhandha kanjar or giarah khatik 24, 26 27 28, 29, koli lalbegi madari mallah mazhabi meghwal naribut nat (rana) pasi perna 30, 31 32 33 sansi or bhedkut sapera sikligar 35, 36 singiwala or kalbelia sirkiband" 'the second schedule[see section 60(2)] amendments to the constitution (scheduled castes) (union territories) order, 1951in the constitution (scheduled castes) (union territories) order, 1951,— (/) in paragraph 2, for the words and figures "part i to iii", the words and figures "parts i to hi" shall be substituted; (2) in paragraph 4,— (i) the words and figures "any reference in this order toa union territory in part i of the schedule shall be construed as a reference to the territory constituted as a union territory as from the first day of november, 1956," shall be omitted; (i) for the word and figures "part hi", the word and figure "part i" shall be substituted; (i) for the word and figures "part iii", the word and figures "part ii" shall be substituted; (3) in the schedule, part l-delhi shall be omitted and part it and part ii shall respectively be renumbered as part i and part il statement of objects and reasonswith a view to satisfying the aspirations of the people of delhi, the government have decided to undertake legislative measures to grant full statehood to the national capital territory of delhi this bill is intended to give effect to this decision and will come into force on a date to be notified by the central government it seeks to form a new state of delhi comprising the entire area of national capital territory of delhi as at present it alsoseeks to make the necessary supplemental, incidental and consequential provisions new deu; lk advani the 13 august, 2003 im "'president's recommendation under article 3, 117 and 274 of the constitution of india" [copy of letter no 12012/14/98-sr(part-i), dated the 13th august, 2003 from shrilsk, 'advani, deputy prime minister to the secretary-general, lok sabha] the president is having been informed of the subject matter of the proposed bill to ftant full statehood to delhi and for matters connected therewith, recommends the introduction of the bill in the lok sabha under article 3, 117(1) and 274(1) of the constitution and the consideration of the bil! in the lok sabha under article 117(3) of the constitution nootes on clausesclause 2—this clause seeks to aefine various expressions used in the proposed legislation : clause 3—this clause provides for the establishment of the new state of delhi clause 4—this clause seeks to amend the first schedule to the constitution clause 5—this clause empowers the government of the state of delhi to altet, after the appointed day, the area or boundaries of any district or other territorial division within the new state clauses 6 and 7—this clause provides for the allocation of three seats in the council of states to the state of delhi clause 7 deals with the representation of new state of delhiin the council of states at present there are three seats in the said council for the existing union territory it is proposed to continue this representation for the new state also the sitting member from the state of delhi in the council of states will be deemed to be duly elected:and will represent in new state for the unexpired term clause 8-—this clause deals with the representation of state of delhi in the house of the people at present there are seven seats in the house of the people for the existing union territory it is proposed to continue their representation for the new state also the sitting members from state of delhi in the house of the people will be deemed to represent the new state : : clause 9—this clause provides that the sitting members of the house of the people representing the constituencies on the appointed day shall be deemed to be elected and will represent the new state clause 10-—this clause provides for a legislative assembly for the state of delhi consisting of a total number of 70 persons to be chosen by direct election and the consequent amendment to the second schedule to the representation to the people act, 1950 assembly constituencies of the existing union territory shall be deemed to-be the assémbly constituencies of the new state of delhi the period of five years shall be deemed to-have' commenced on the date on which the duration of the legislative assembly of the existing "union territory commencedunder the national capital territory of delhi act, 1991 clause 11—this clause provides that the existing speaker and the deputy speakérof the: legislative assembly of the existing union territory shall be deemed to be the speaker and the deputy speaker of the legislative assembly of the state of delhi clause 12—this clause provides for the continuance of the existing rules of procedure of the legislature clauses 13 to 22—these clauses provide that the existing high court of judicature-at delhiwill be high, court of the new state of delhi the detailed provision contained in'other clauses fotlow broadly the relevant provisions of the previous reorganisation acts and deal inter alia with the powers, function and the procedure to be followed by the new high count clause 23—this clause provides for the authorization of expenditure by the president before the appointed day, and by the governor after the appointed day, from the consolidated fund of the state of delhi ~ clausé 24—this clause provides that the report of the comptroller and auditot gérieral of india for a period prior to the appointed day should be submitted to the governor ofthe state of delhi clause 25—this clause provides that until parliament makes law under article 158 (3) of the constitution to provide for allowances and privileges to the governor of state of delhi, he shall have the same allowances and privileges as that of the administrator of the union territory of delhi clause 26—the clause empowers the president to determine, by order, the grants-inaid to the state of delhi and its share in the union duties and taxes clauses 27 to 43—these clauses relate to the apportionment of assets and liabilities between the existing union territory and the state of delhi including cash balances, arrears of taxes, right to recover loans and advances, investments in the loans, etc assets and liabilities of state undertakings, refund of taxes collected in excess, certain deposits, liabilities as guarantor of co-operative societies, provident fund and pension accounts, government contracts actionable wrong, iterns in suspense, special provision for apportionment of benefit or burdery of any particular asset or liability and finally the power of the central government to order allocation or adjustment in certain cases of assets or liability clause 44:—this clause makes provisions for continuance of arrangements in regard to generation and supply of electricity and water and also the disposal of sewage on the pattern of section 107 of the states reorganisation act, 1956 clause 45—this claugé provides that a co-operative bank which is newly formed on the appointed day or within three months thereof in the state of delhi, it may commence and conduct banking business without obtaining license from the reserve bank of india provided that the bank makes an application for the license within three months of its formation such a bank will continue to function without license until it is granted a license by the reserve bank or the license refused clause 46 —this clause contains a general provision to enable continuance of existing road transport permits and follows the corresponding provisions of the states reorganisation act, 1956 clauses 47 and 48—these elauses include for special provisions relating to retrenchment-compensation in certain cases with regard to registered co-operative societies, commercial or industrial undertakings and special provisions as to income tax these provisions follow similar provisions of the state reorganisation act, 1956, clause 49—this clause deals with, and contains provisions for, the continuance of existing facilities in certain institutions or universities to residents in the territories comprising the new state of delhi clauses 50 to 53 —these clauses deal with the provisions relating to services and generally follow the similar provisions as are provided under corresponding sections of the state reorganisation act, 1956 clauses 54 to 59—these clauses make consequential amendments in the state reorganisation act, 1956 and also make usual provisions regarding continuance of existing laws of the existing union territory of delhi in the new state of delhi subject to adaptations of the laws and their interpretations by the courts and tribunals, continuance of authorities exercising statutory functions, legal proceedings, etc these provisions follow similar provisions of the states reorganisation act, 1956 clause 60—this clause seeks to make the necessary consequential amendments in the constitution (schedule castes) order, 1950 and the constitution (schedule castes) (union territory) order, 1951 clause 61,—this clause provides that within three years from the appointed day, the president may, by order, do anything not inconsistent with the provisions which appears to him to be necessary or expedient for the purpose of removal of any difficulty arises in giving effect to the provisions of the bill clause 62—this clause empowers the central government to make rules by carrying out the provisions of the bill clause 63—this clause provides for the repeal of the government of national capital territory of delhi act, 1991 at present, the national capital territory of delhi is given a non-plan grant of rs 325 crore in lieu of share of union taxes and duties as a state, deihi will be entitled to a share in the income tax and additional excise duties of the central government the net share of the delhi state in the exise duty of the central government shalf be determined by the finance commission, consequently, the state's revenue would be augmented and the non-plan revenue deficit reducec correspondingly in the past, finance commission has taken note of such deficits and recommended suitable grants-in-aid under article 275 (1) of the constitution to the national capital territory of dethi it is, therefore, until the provision is made by the parliament in this regard, it is proposed under clause 26 to empower the president to determine, by order, the grants-in-aid of the revenues of the state of delhi and its share in the union duties and taxes in such manner as he thinks fit till 3 ist day of march, 2004 2 clause 51(4) of the bill seeks to empower the central government to establish one or more advisory committees for the purpose of assisting it in regard to the discharge of its functions in relation to division of the services between the state of delhi and the union and for ensuring fair and equitable treatment in all the affected employees, some éxpenditure may have to be incurred out of the consolidated fund of india for discharging the duties and responsibilities by the committee memorandum regarding delegated legislationclause 26 of the bill empowers the president to determine by order the grant-in-aid of the revenues of the new state of delhi and its sharé of the union duties and taxes 2 clause 56 provides for the adaptation of existing laws to facilitate their application to the proposed state of delhi the power to adapt is being conferred on the central government in the case of laws relating to matters enumerated in the union list in the seventh scheduled to the constitution and on the government of the proposed state of delhi in the case of all other laws this power shall be subject to the provision contained in the proposed article 371j to be inserted by the constitution (one hundred and second amendment) bill, 2003 3 clause 62 of the bill empowers the central government to make rules to give effect to the provisions of the bill when enacted the rules, if any, will be confined to matters of procedure and other matters of minor detail relating to the enforcement of the various provisions included in the bill 4 the various provisions aforementioned are modelled on identical or analogous provisions in the state reorganisation acts passed by the parliament earlier besides, they are mainly of a consequential nature or pertain to matters of detail and procedure as such, the proposed delegation of legislative power is of a normal character annexure extracts from the constituion of endia the first schedule{articles ] and 4] 1 the states i the union territories table| | | | name | extent ||----------------|----|----|---------|-----------|| | | | | || 1 | | | | || delhi | | | | || the | | | | || territory | | | | || which | | | | || immediately | | | | || before | | | | || the | | | | || commencement | | | | || of | | | | || this | | | | || constitution | | | | || was | | | | || comprised | | | | || in | | | | || the | | | | || chief | | | | || commissioner's | | | | || province | | | | || of | | | | || delhi | | | | || | | | | || | | | | || | | | | || | | | | || | | | | | the fourth schedule[articles 4(1) and 80(2)] allocation of seats in the council of states : | 29, delhi eeseesencienenestusitiininanetisteiiinesistannuiineeinneitntenasiaeneis 3 : a extracts from the representation of the people act, 1950(43 of 1950) | | | | | ok ||------|------|------|------|-------| the first schedule(see section 3) allocation of seats in the house of the people | | | | | x ||------|------|------|------|------|1 states: | | , | | | | ||------|------|------|------|------|------|i, union territories: : | | | | | ||------|------|------|------|------|5, delhi extracts from the states reorganisation act, 1957 (37 of 1956)establishment x of zonal : council 15 as from the appointed day, there shall be a zonal council for each of the following five zones, namely:— (a) the northern zone, comprising the state of haryana, punjab, himachal pradesh, rajasthan and jammu and kashmir and the union territories of delhi and chandigarh; , 4 | \ | extract from the constitution (scheduled cases) order, 1950c019 { x i 2 subject to the provisions of this order, the castes, races of tribes or parts of, or groups within/castes or tribes specified in parts ito xxiv of the schedule to this order shall, in relation to the states to which those parts respectively relate, be deemed to be scheduled castes so far as regards members thereof resident in the localities specified in relation to them in those parts of that schedule 4 extracts from the constitution (scheduled castes) (union territories) order, 1951c032 2 subject to the provisions of this order, the castes, races of tribes or parts of or, groups within, castes or tribes, specified in part i to ii of the schedule to this order shall, in relation to the union territories to which those parts respectively relate, be deemed to be scheduled castes so far as regards members thereof resident in the localities 'specified in relation to them respectively in those parts of that schedule , \ - | 4 any reference in this order to a union territory in part i of the schedule shall be construed as a reference to the territory constituted as a union territory as from the first day of november, 1956, any reference to a union territory in part ii of the schedule shall be construed as a reference to the territory constituted as a union territory as from the first day of november, 1966 and any reference to a union territory in part {i of the schedule shall be construed as a reference to the territory constituted as a union territory as from the day appointed under clause (b) of section 2 of the goa, daman and diu reorganisation act, 1987 1 (18 of 1987) | theschedule- part delhithroughout the union territory: : 1 adi-dbarmi 2 agria 3, aheria 4, balai 5, banjara 7 bazigar 8 bhangi 9 bhil 10 chamar, chanwar, chamar, jatva or jatav chamar, mochi, ramdasia, ravidasi, raidasi, rehgarh or raigar 11 chohra (sweeper) 12 chuhra (balmiki) 13 dhanak or dhanuk 14 dhobi 15 dom 16, gharrami 17 julaha (weaver) 18 kabirpanthi 19' kanchhandha 20 kanjar or giarah 21 khatik 22 koli 24 madari 25 mallah 26 mazhabi 27 meghwal 28 naribut 29 nat (rana) , 30 pasi 31 perna - 32, sansi or bhedkut 33 sapera 34 sikligar a 35 singiwala or kalbelia 36 sirkiband ~ a billto provide for the establishment of the state of delhi and for matters connected + therewith (shri lk advani, deputy prime minister)

Parliament_bills

11c9e134-c309-5789-8cfa-94e2b17ec242

bill no 46 of 2017 the inter-state river water disputes (amendment) bill, 2017 a billfurther to amend the inter-state river water disputes act, 1956be 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 inter-state river water disputes (amendment) act,20175(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint33 of 1956amendment of section 22 in the inter-state river water disputes act, 1956 (hereinafter referred to as the principal act), in section 2,—(i) for clause (a), the following clauses shall be substituted, namely:—10'(a) "chairperson" means the chairperson of the inter-state river water disputes tribunal referred to in section 4b;(aa) "existing tribunal" means a water disputes tribunal constitutedprior to the date of commencement of the inter-state river water disputes (amendment) act, 2017;5(ab) "member" means a member of the inter-state river water disputestribunal and includes the chairperson and vice-chairperson;(ac) "notification'" means a notification published in the official gazette;(ad) "prescribed" means prescribed by rules made under this act;'(ii) for clause (b), the following clauses shall be substituted, namely:––10'(b) "tribunal" means the inter-state river water disputes tribunalestablished under section 4;(ba) "vice-chairperson" means the vice-chairperson of the tribunalreferred to in section 4b;'3 for section 4 of the principal act, the following sections shall be substituted, namely:—15'4 with effect from such date as the central government may, by notification, appoint, there shall be established a tribunal, to be called the inter-state river water disputes tribunal, for the adjudication of water disputes:substitution of new sections 4, 4a, 4b, 4c and 4d for section 4 establishment of inter-state river water disputes tribunal20provided that on and from the date of establishment of the tribunal, all existingtribunals shall stand dissolved and the water disputes pending adjudication before such existing tribunals shall stand transferred to the tribunal:provided further that the chairmen and other members of the existing tribunals who have attained the age of seventy years as on the date of commencement of the inter-state river water disputes (amendment) act, 2017 shall cease to hold office on the expiry of three months from the date of such commencement:25provided also that a dispute which has already been adjudicated and settled byan existing tribunal prior to the date of commencement of the inter-state river water disputes (amendment) act, 2017 shall not be re-openeddisputes resolution committee304a (1) as and when any request under section 3 is received from any stategovernment in respect of any water dispute, the central government shall set up adisputes resolution committee, consisting of members from such relevant fields, as it deems fit, for resolving the dispute amicably(2) the disputes resolution committee shall try to resolve a water dispute by negotiations within a period of one year which may be extended to a further period of six months and submit its report to the central government35(3) the report submitted by the disputes resolution committee shall contain details of––(a) the stand taken by each state government during negotiation; (b) the views of members of the committee on such stand; and (c) all relevant facts, information and data relating thereto40(4) any water dispute which cannot be settled by negotiations shall be referredby the central government, by notification, to the tribunal for its adjudication within a period of three months from the date of receipt of the report under sub-section (2)composition of tribunal454b subject to the provisions of section 12, the tribunal shall consist of achairperson, vice-chairperson and not more than six members to be nominated in this behalf by the chief justice of india from amongst persons who at the time of such nomination are judges of the supreme court or of a high court:5provided that the chairmen and other members of the existing tribunals (other than members who have ceased to hold office under second proviso to section 4) shall be nominated by the chief justice of india as chairperson, vice-chairperson and members of the tribunal and they shall continue as such, subject to the provisions of section 4cterm of office4c (1) the chairperson shall hold office for a period of five years or till he attains the age of seventy years, whichever is earlier10(2) the term of office of the vice-chairperson and other members of the tribunalshall be co-terminus with the adjudication of the water dispute and they shall cease to hold office upon dissolution of the bench under sub-section (2) of section 12: provided that no member shall hold office after he has attained the age of seventy years4d (1) subject to other provisions of this act,—benches of tribunal15(a) the jurisdiction of the tribunal may be exercised by the benches thereof;(b) the chairperson may constitute a bench with three members, out of which the senior-most member shall preside over the bench:provided that a member of a bench may also be a member of another bench20explanation–– for the purposes of this clause, the term "senior-mostmember" means that a judge of the supreme court shall always be senior to a judge of a high court and their seniority shall be determined from the date of their respective appointment as the judge of the supreme court or of a high court25(2) the benches of the tribunal shall ordinarily sit at new delhi or at such otherplaces as the chairperson may decide'4 in section 5 of the principal act,—amendment of section 5(a) for sub-sections (1) and (2), the following sub-sections shall be substituted,namely:—30"(1) on receipt of a reference in respect of any water dispute from thecentral government, the chairperson shall assign such dispute to a bench of the tribunal to its adjudication35(2) the bench of the tribunal shall, before investigating the water disputereferred to it under sub-section (1), take into consideration the report submittedby the disputes resolution committee under sub-section (2) of section 4a,and forward to the central government its detailed report setting out the facts as found by it including on yield, efficiency in the use of water and such other matters as may be prescribed, and giving its decision on such dispute within a period of two years:40provided that such report shall also provide for the distribution of waterduring distress situations arising from shortage in the availability of water in such manner as may be prescribed:45provided further that if the report cannot be given within a period of twoyears for any unavoidable reasons, the central government may extend such period to a further period not exceeding one year";(b) in sub-section (3),––(i) for the words "on such reference, the tribunal may", the words "on such reference, the bench of the tribunal concerned may" shall be substituted;(ii) for the proviso, the following proviso shall be substituted, namely:—"provided that the central government may extend the period of one year to a further period not exceeding six months"55 for section 5a of the principal act, the following sections shall be substituted, namely:—substitution of new sections 5a and 5b for section 5a appointment of assessors"5a (1) the central government may appoint two experts serving in the central water engineering service not below the rank of chief engineer as assessors for each water dispute to advise the bench in the proceedings before it10(2) the term of the assessors appointed under sub-section (1) shall beco-terminus with the adjudication of the dispute and they shall cease to be assessors after the dispute is adjudicated and the final report is forwarded to the central government15filling of vacancies, temporary absence, etc5b (1) subject to the provisions of this act, if for any reason, a vacancy (other than a temporary absence) occurs in the office of the chairperson, vice-chairperson or any other member of the tribunal, such vacancy shall be filled by a person to be nominated in this behalf by the chief justice of india in accordance with section 4b20(2) in the event of the occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the vice-chairperson shall act as the chairperson until the date on which a new chairperson, nominated in accordance with the provisions of this act to fill such vacancy, enters upon his office(3) when any member of a bench of the tribunal is unable to discharge his functions owing to absence, illness or any other cause, the chairperson may assign the work of such member to any other member of the tribunal till such member resumes his work"256 for section 6 of the principal act, the following section shall be substituted, namely:—substitution of new sectionfor section 6 "6 the decision of the bench of the tribunal shall be final and binding on the parties to the dispute and shall have the same force as an order or decree of the supreme court"decision of bench of tribunal binding on parties307 for section 9a of the principal act, the following section shall be substituted, namely:––substitution of new section for section 9amaintenance of data bank and information35"9a (1) the central government shall, for the purposes of maintaining a data bank and information system at the national level for each river basin, appoint or authorise an agency which shall maintain data relating to water resources, land, agriculture and such other matter, containing such particulars and in such manner, as may be prescribed(2) as and when required by the central government, the state government shall make available the data relating to any of the matters referred to in sub-section (1) to the central government or to the agency appointed or authorised under sub-section (1)40 (3) the central government or the agency referred to in sub-section (1) shall have powers to summon and verify any data, record or other relevant information received from the state government"8 for section 10 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 1045"10 the salary and allowances payable to, and the other terms and conditions of service of, the chairperson,vice-chairperson, other members and assessors shall be such as may be prescribed''| terms | and ||---------------|-------|| conditions of | || service | of || members and | || assessors | |9 for section 12 of the principal act, the following sections shall be substituted, namely:—substitution of new sections 12 and 12a for section 12 dissolution of bench5"12 (1) after any water dispute assigned to a bench of the tribunal is adjudicated and it submits its decision or report, the central government shall, on the recommendations of the chairperson, dissolve that bench(2) upon dissolution of the bench under sub-section (1), the members of that bench (excluding chairperson) shall vacate their respective offices: provided that where a member of a bench is also a member of another bench, such member shall continue as a member of such other bench1012a (1) upon the dissolution of a bench of the tribunal under section 12, thestaff of such dissolved bench shall be,––staff and assetsof dissolvedbench(i) made available to any other bench, if so required; or (ii) repatriated to their parent cadre, in such manner as may be prescribed15(2) the assets and properties of the dissolved bench shall be transferred to thecentral government or to the concerned state government which provided such assets and properties"amendment of section 1310 in section 13 of the principal act, in sub-section (2), for clauses (a) to (f), the following clauses shall be substituted, namely:–––20"(a) the form and the manner in which a complaint as to any water dispute maybe made by any state government under section 3; (b) the other matters, and the manner of providing for distribution of water during stress situations arising from shortage in the availability of water, under sub-section (2) of section 5;25(c) the other matters in respect of which the tribunal may be vested with thepowers of a civil court under clause (d) of sub-section (1) of section 9;(d) the procedure to be followed by the tribunal under sub-section (4) ofsection 9;30(e) the other matters in respect of which data is to be maintained, the particularsthereof, and the manner of maintaining such data under sub-section (1) of section 9a;(f) the salaries and allowances payable to, and the other terms and conditions ofservice of, the chairperson under section 10;35(g) the allowances or fee payable to, and other terms and conditions of serviceof, the vice-chairperson, other members and assessors under section 10;(h) the manner in which the staff of the dissolved bench shall be dealt with under sub-section (1) of section 12a;(i) any other matter which has to be, or may be, prescribed"11 for section 14 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 145"14 the ravi and beas waters tribunal constituted prior to the date of commencement of the inter-state river water disputes (amendment) act, 2017 shall stand dissolved and the water disputes pending adjudication before it shall stand transferred to the tribunal:matters relating to ravi and beas water tribunalprovided that the concerned bench shall proceed to deal with such dispute from the stage at which it was so transferred" statement of objects and reasonson account of increase in demand for water by the states, the inter-state river water disputes are on the rise though the inter-state river water disputes act, 1956 (33 of 1956) provides for a legal framework to address such disputes, it suffers from many drawbacks under the said act, a separate tribunal has to be established for each inter-state river water disputes only three out of eight tribunals have made awards which are accepted by the states though the cauvery and ravi beas water disputes tribunals have been in existence for over 26 and 30 years respectively, they have not been able to make any successful award till date further, there is no provision in the act fixing time limit for adjudication by a tribunal or for any upper age limit for the chairman or a member of a tribunal there is no mechanism for continuation of work on occurrence of any vacancy in the office of the chairman or a member of a tribunal nor is there a time limit for publishing the report of the tribunal all these drawbacks are causing delay in the adjudication of water disputes2 the inter-state river water disputes (amendment) bill, 2017 seeks to streamline the adjudication of inter-state river water disputes and make the present legal and institutional architecture robust the bill proposes to introduce a mechanism to resolve the water dispute amicably by negotiations through a disputes resolution committee, to be established by the central government consisting of experts from relevant fields, before such dispute is referred to the tribunal3 the proposed bill further seeks to provide for a single standing tribunal (with multiple benches) instead of multiple tribunals, which shall consist of one chairperson, one vice-chairperson and not more than six members while the term of office of the chairperson is five years or till he attains the age of seventy years, whichever is earlier, the term of office of vice-chairperson and other members of the tribunal shall be co-terminus with the adjudication of the water disputes it is also proposed that the assessors, who provide technical support to the tribunal, shall be appointed from amongst experts serving in the central water engineering service not below the rank of chief engineer the total time period for adjudication of a water dispute has been fixed at a maximum of four and half years the decision of the bench of the tribunal shall be final and binding on the states concerned, with no requirement of its publication in the official gazette4 the proposed bill also seeks to provide for transparent data collection system at the national level for each river basin and for this purpose, an agency to maintain databank and information system shall be appointed or authorised by the central government5 the bill seeks to achieve the above objectivesnew delhi;uma bhartithe 1st march, 2017 financial memorandumclause 3 of the bill seeks to substitute new sections 4, 4a, 4b, 4c and 4d for section 4of the inter-state river water disputes act, 1956 the proposed section 4 seeks to establish a single standing inter-state river water disputes tribunal with multiple benches, which shall initially be constituted by merging of existing five tribunals as existing premises with necessary furniture are already available, no new premises or furniture are required for establishing the office of the new standing tribunal therefore, no non-recurring expenditure would be involvedit is proposed to establish a single standing tribunal with multiple benches, instead of multiple tribunals, by merging existing five tribunals the new tribunal shall consist of one chairperson, one vice-chairperson and not more than six members further, after the new tribunal is established, the 107 sanctioned posts in the existing tribunals are proposed to be reduced to 80 posts therefore, on establishment of proposed new tribunal, the estimated annual recurring expenditure is likely to be reduced from existing rs 8 crores to rs 55 crores, thereby saving rs 25 crore per annumthe bill, if enacted, therefore, does not involve any recurring or non-recurring expenditure memorandum regarding delegated legislationclause 10 of the bill seeks to substitute clauses (a) to (f) of sub-section (2) of section13 relating to power to make rules the proposed amendments seeks to provide for rule making powers in respect of —(i) the other matters and the manner of providing for distribution of water during stress situations arising from shortage in the availability of water;(ii) the other matters of which data is to be maintained, the particulars such data shall contain and the manner in which such data shall be maintained; and(iii) the manner in which the staff of the dissolved bench shall be dealt withthe matters in respect of which the rules may be made are generally matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the inter-state river water disputes act, 1956 (33 of 1956) definitions 2 1n this act, unless the context otherwise requires,—(a) "prescribed" means prescribed by rules made under this act; (b) "tribunal" means a water disputes tribunal constituted under section 4; constitution of tribunal 4 (1) when any request under section 3 is received from any state government inrespect of any water dispute and the central government is of opinion that the water dispute cannot be settled by negotiations, the central government shall, within a period not exceeding one year from the date of receipt of such request, by notification in the official gazette, constitute a water disputes tribunal for the adjudication of the water dispute:provided that any dispute settled by a tribunal before the commencement of the inter-state water disputes (amendment) act, 2002 shall not be re-opened(2) the tribunal shall consist of a chairman and two other members nominated in this behalf by the chief justice of india from among persons who at the time of such nomination are judges of the supreme court or of a high court(3) the central government may, in consultation with the tribunal, appoint two or more persons as assessors to advise the tribunal in the proceedings before itadjudication of water disputes5 (1) when a tribunal has been constituted under section 4, the central governmentshall, subject to the prohibition contained in section 8, refer the water dispute and any matter appearing to be connected with, or relevant to, the water dispute to the tribunal for adjudication(2) the tribunal shall investigate the matters referred to it and forward to the central government a report setting out the facts as found by it and giving its decision on the matters referred to it within a period of three years:provided that if the decision cannot be given for unavoidable reasons, within a period of three years, the central government may extend the period for a further period not exceeding two years(3) if, upon consideration of the decision of the tribunal, the central government or any state government is of opinion that anything therein contained requires explanation or that guidance is needed upon any point not originally referred to the tribunal, the central government or the state government, as the case may be, within three months from the date of the decision, against refer the matter to the tribunal for further consideration, and on such reference, the tribunal may forward to the central government a further report within one year from the date of such reference giving such explanation or guidance as it deems fit and in such a case, the decision of the tribunal shall be deemed to be modified accordingly:provided that the period of one year within which the tribunal may forward its report to the central government may be extended by the central government, for such further period as it considers necessary filling of vacancies5a if, for any reason a vacancy (other than a temporary absence) occurs in the office of the chairman or any other member of a tribunal, such vacancy shall be filled by a person to be nominated in this behalf by the chief justice of india in accordance with the provisions of sub-section (2) of section 4, and the investigation of the matter referred to the tribunal may be continued by the tribunal after the vacancy is filled and from the stage at which the vacancy occurredpublication of decision of tribunal6 (1) the central government shall publish the decision of the tribunal in the official gazette and the decision shall be final and binding on the parties to the dispute and shall be given effect to by them(2) the decision of the tribunal, after its publication in the official gazette by the central government under sub-section (1), shall have the same force as an order or decree of the supreme court maintenance of data bank and information9a (1) the central government shall maintain a data bank and information system at the national level for each river basin which shall include data regarding water resources, land, agriculture, and matters relating thereto, as the central government may prescribed from time to time the state government shall supply the data to the central government or to an agency appointed by the central government for the purpose, as and when required(2) the central government shall have powers to verify the data supply by the state government, and appoint any person or persons for the purpose and take such major as it may considered necessary the person or persons to appointed shall have the powers to summon such records and information from the concerned state government as are considered necessary to discharge their functions under this section10 the chairman and other members of a tribunal and the assessors shall be entitled to receive such remuneration, allowances or fees as may be prescribed allowances or fees for chairman of tribunal and assessorsdissolution of tribunal12 the central government shall dissolve the tribunal after it has forwarded its report and as soon as the central government is satisfied that no further reference to the tribunal in the matter would be necessary13(1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for or any of the following matters, namely:—(a) the form and manner in which a complaint as to any water dispute may be made by any state government;(b) the matter in respect of which a tribunal may be vested with the powers of a civil court;(c) the procedures to be followed by a tribunal under this act;(d) the remunerations, allowances or fees payable to the chairman and other members of a tribunal and assessors;(e) the terms and conditions of service of officers and assessors of the tribunal; (f) any other matter which has to be, or may be, prescribed constitution of ravi and beas waters tribunal14(1) notwithstanding anything contained in the foregoing provisions of this act, the central government may, by notification in the official gazette, constitute a tribunal under this act, to be known as the ravi and beas waters tribunal for the verification and adjudication of the matters referred to in paragraphs 91 and 92, respectively, of the punjab settlement(2) when a tribunal has been constituted under sub-section (1), the provisions of sub-sections (2) and (3) of section 4, sub-sections (2), (3) and (4) of section 5 and sections 5a to 13 (both inclusive) of this act relating to the constitution jurisdiction, powers, authority and bar of jurisdiction shall, so far as may be, but subject to sub-section (3) hereof, apply to the constitution, jurisdiction, powers, authority and bar of jurisdiction in relation to the tribunal constituted under sub-section (1)(3) when a tribunal has been constituted under sub-section (1), the central government alone may suo motu or at the request of the concerned state government refer the matters specified in paragraphs 91 and 92 of the punjab settlement to such tribunalexplanation—for the purposes of this section, "punjab settlement" means the memorandum of settlement signed at new delhi on the 24th day of july, 1985 lok sabha———— a billfurther to amend the inter-state river water disputes act, 1956————(ms uma bharti, minister of water resources, river development and ganga rejuvenation)

Parliament_bills

28af6771-2543-5b28-b684-bdacf3b200d6

bill no 135 of 1977 the supreme court (number of judges) amendment bill, 1977 a billfutthet to amend the supreme court (numbe-r of judges) act, 1956 be it enacted by parliament in the twenty-eighth year of the republic of india as follows:-short title 1 this act may be called the supreme court (number of judges) amendment act, 1977 55 of 1958 s z in aedioll z of the supreme court (number of juqes) act, 1_, for the 'word "thirteea", the wonlltaevent " 11 he substituted amendment of section 2 statement of objects and reasonsthe maximum number of judges of the supreme court which under 8irticl:e 124 (1) of the constitution was fixed at seven, excluding the chief justice, was raised to ten by the supreme court (number of judges) act, 1956 (55 of 1956) this number was subsequently raised to thirteen by the supreme court (number of judges) amendment act, 1960 (17 of 1960) the institutions have increased from 3241 in 1960 to 8254 in 1976 and the pendency has gone up from, 2319 cases in 1960 to 14,109 in 1976 the chief justice has proposed that as the arrears of cases have mounted and are going up daily, the sanctioned strengtli of the judges of the supreme court may be increased the present bill accordingly seeks to amend the supreme court (number of judges) act, 1956, so as to provide that the maximum number of judges of the supreme court, excluding the chief justice, shall be seventeen new delhi; shanti bhushan the 14th november, 1977 the bill provides for an increase in the maximum strength of the supreme court by four more judges the salary to be paid to each of these judges will be rs 4,000 per mensem and they will also be,entitled to the use of an official residence without payment of rent under rule 4 of the supreme court judges rules, 1959, coitv'yance allowance of rs 300 per month and sumptuary allowance of lu, 300 per month, the 'total cost on account 'of these judges will, therefore, be rs, 2,20,800 per annum plus the cost of maintaining four official residences~ there will be no non-recurring expendi'ture anm:xure extract from the supreme coubt (number of judges) act, 1958(55 01' 1956) - - - - - 2 the maximum number of judges of the supreme court, excluding the chief justice of india, shall be thirteen - - - - - maximum number 01 supreme court judges other than chief justice r r _ ~_ _u, ,:, _, <6";, - a bill further to amend the supreme court (number of judges) act, 1956

Parliament_bills

568cc12a-8e00-50cf-9460-1c83d6acf147

l' !' the kerala appropriation (no4) bill, i96sa bill to authori8e payment and appropriation of certain further mnu f,rom and out of the comsolidated fund of tm state of kera14 for the services uf the financial year 1965-66 be it enacted by parliament in the sixteenth year of the republic of india as follows:-1 this act may be called the kem~ appropriation (no4) act, short titja 196~ , z from and out of the consolidated fund of the state ot kerala there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum ot sixty-eight lakhs, ftfty-eight' tbousand and three hundred rupees issue of ri 88,58,300 from and out of the ") ?:: -toward8 defraying the eeveral char,_ which wul come in cou1'm of payment during the financial year 1965-m, in respect of the vices speci1led in column 2 ot the schedule coaioll elated i'wdot til state otlcera1a tor the idlaciej ,ear 118s-e8 appropriation 3 the sums authorised to be paid and applied from and out of the consolidated fund of the state of kerala by this act shall , be appropriated for the services and purposes expressed in the schedule in relation to the said year no total ri r •• ri 10 ix he~ of stltel,' ·miniten and heidquarten staff $3400 53,00 x 30,000 diltrict admidiltndoft add miacc11anedui - 10,0001 a,goo 2i,too xii jail , polk:e f,joo xiii z,",4oo 15 xix "6~" 1,",400 medical -19t400 z9,fdo xxii d,ol,loo 6,01,100: ~,ooo 2,ooa xxiii ' piherie xxv animal huibandry d,ooo xxxv tranaportschemea f~ capital outlay on public health "11150000' ' 150,000 ~o xliii 'i xtiv' ~italoutiay on' alricultural improvement - xlv c"ital ot;ttiay on industrial and' ecoddldlc development 0 - 99~-, o~s"ioo!' 0 35 xivir'cpital outlay on !'utilic works ' , 99,'00 ,,0,oocs' );o"ro(j' capital outlay on 0thcr works '9,900 , ' 19900 liii capital outlay on sc:bemeaf 0( govemment tradinl - - \ n,icc -joo 11,'«j loana 'and 0 -mftdca ' by , the lv -30 ',' -r go'ferbn\eilt ; : 0 - 0 ' '- total statement qf·obsi'£~ajm reasonsthis biil is introduced inpurswmce~~ 'articles 204 (1) and 205 of the coutituuod add the ~roclamaticm iaued ,by ,the, president on the 24th march", 1965, in exercise of the powers conferred on him by article 356 thereof, to provide for t~e appropriation out of the consolidat~ fund of the stat~ of kerala of the moneys required to meet, the ,supplem~ntary expenditure charged on the codsouda~ fund of the state of kerala and the grants made by the ~ok sabha for expedditure' of the government of kerala for the financial year 1965-86 ~ - _ t t krishnamach'ari president's recommendation under article 2crf of the- ' i' constitution of india [copy of letter no f 5 (6) -b/65, dated the 23rd august, 1'965 from shr'i t t krishnamachari, minister of finance to the secretary: lok sabha] :by'virtue of the proclamation dated the 24th march4 1965, issued' uncle"' article 356 of the constitution, the' president 'ha~' been 'lji"- , formed of the subject matter of the proposed: bill to authorise pa,-melit and appt'opriation of certain further sums fromalld' out of the consolidated fund of the state of kerala for the services of the year ending~on the' 31st day of march, 1966 recoinmends the introduction of the kerala appropriation (no4) bilt, 1965 in the lok sabha met : irlso"reco~ to the sabha the consideration of the bill undu article 207 (1) and (3) of the constitutjon r~d ,with article 2m thereof " ' , ' " """, ' " 2, the bill will be introduced in the lok'sabha ,after all the s~ plementary demands' for grants for 1965-66 have been voted : a bill to authorise payment and)ppropriation of certain further sums from and out of the consolidated fund of the state of kerala for the services of the financial year 1965-66 (shri t t krishnamachari, minister 0/ finance)

Parliament_bills

02bd1786-dd90-5edd-a333-05bae36230b8

bill no 116 of 2020 the taxation and other laws (relaxation and amendment of certain provisions) bill, 2020 a billto provide for relaxation and amendment of provisions of certain acts 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 preliminary(2) save as otherwise provided, it shall be deemed to have into come into force on the31st day of march, 2020definitions2 (1) in this act, unless the context otherwise requires,—(a) "specified act" means—(i) the wealth-tax act, 1957;27 of 1957 43 of 1961(ii) the income-tax act, 1961;45 of 1988(iii) the prohibition of benami property transactions act, 1988;22 of 2004(iv) chapter vii of the finance (no 2) act, 2004;17 of 20135(v) chapter vii of the finance act, 2013;22 of 2015 (vi) the black money (undisclosed foreign income and assets) and imposition of tax act, 2015;28 of 2016(vii) chapter viii of the finance act, 2016; or3 of 2020(viii) the direct tax vivad se vishwas act, 2020;10(b) "notification" means the notification published in the official gazette(2) the words and expressions used herein and not defined, but defined in the specified act, the central excise act,1944, the customs act, 1962, the customs tariff act,1975 or the finance act,1994, as the case may be, shall have the meaning respectively assigned to them in that act1 of 1944 52 of 1962 51 of 1975 32 of 199415 chapter ii relaxation of certain provisions of specified actrelaxation of certain provisions of specified act20 3 (1) where, any time limit has been specified in, or prescribed or notified under, the specified act which falls during the period from the 20th day of march, 2020 to the 31st day of december, 2020, or such other date after the 31st day of december, 2020, as the central government may, by notification, specify in this behalf, for the completion or compliance of such action as—25(a) completion of any proceeding or passing of any order or issuance of any notice, intimation, notification, sanction or approval, or such other action, by whatever name called, by any authority, commission or tribunal, by whatever name called, under the provisions of the specified act; or(b) filing of any appeal, reply or application or furnishing of any report, document, return or statement or such other record, by whatever name called, under the provisions of the specified act; or43 of 1961(c) in case where the specified act is the income-tax act, 1961,—30(i) making of investment, deposit, payment, acquisition, purchase, construction or such other action, by whatever name called, for the purposes of claiming any deduction, exemption or allowance under the provisions contained in—35(i) sections 54 to 54gb, or under any provisions of chapter vi-aunder the heading "b-deductions in respect of certain payments" thereof; or(ii) such other provisions of that act, subject to fulfillment of such conditions, as the central government may, by notification, specify; or4028 of 2005(ii) beginning of manufacture or production of articles or things or providing any services referred to in section 10aa of that act, in a case where the letter of approval, required to be issued in accordance with the provisions of the special economic zones act, 2005, has been issued on or before the 31st day of march, 2020,5and where completion or compliance of such action has not been made within such time, then, the time limit for completion or compliance of such action shall, notwithstanding anything contained in the specified act, stand extended to the 31st day of march, 2021, or such other date after the 31st day of march, 2021, as the central government may, by notification, specify in this behalf: provided that the central government may specify different dates for completion or compliance of different actions:provided further that such action shall not include payment of any amount as is referred to in sub-section (2):43 of 196110provided also that where the specified act is the income-tax act, 1961 and the compliance relates to—(i) furnishing of return under section 139 thereof, for the assessment year commencing on the—15(a) 1st day of april, 2019, the provision of this sub-section shall have the effect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "30th day of september, 2020" had been substituted;(b) 1st day of april, 2020, the provision of this sub-section shall have theeffect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "30th day of november, 2020" had been substituted;20 25(ii) delivering of statement of deduction of tax at source under sub-section (2a)of section 200 of that act or statement of collection of tax at source under sub-section (3a) of section 206c thereof for the month of february or march, 2020, or for the quarter ending on the 31st day of march, 2020, as the case may be, the provision of this sub-section shall have the effect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "15th day of july, 2020" had been substituted;30(iii) delivering of statement of deduction of tax at source under sub-section (3)of section 200 of that act or statement of collection of tax at source under proviso to sub-section (3) of section 206c thereof for the month of february or march, 2020, or for the quarter ending on the 31st day of march, 2020, as the case may be, the provision of this sub-section shall have the effect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "31st day of july, 2020" had been substituted;35(iv) furnishing of certificate under section 203 of that act in respect of deduction or payment of tax under section 192 thereof for the financial year commencing on the 1st day of april, 2019, the provision of this sub-section shall have the effect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "15th day of august, 2020" had been substituted;40(v) sections 54 to 54gb of that act, referred to in item (i) of sub-clause (i) of clause (c), or sub-clause (ii) of the said clause, the provision of this sub-section shall have the effect as if—(a) for the figures, letters and words "31st day of december, 2020", the figures, letters and words "29th day of september, 2020" had been substituted for the time limit for the completion or compliance; and45(b) for the figures, letters and words "31st day of march, 2021", the figures,letters and words "30th day of september, 2020" had been substituted for making such completion or compliance;50(vi) any provisions of chapter vi-a under the heading "b- deductions in respect of certain payments" of that act, referred to in item (i) of sub-clause (i) of clause (c), the provision of this sub-section shall have the effect as if—(a) for the figures, letters and words "31st day of december, 2020", the figures, letters and words "30th day of july, 2020" had been substituted for the time limit for the completion or compliance; and5(b) for the figures, letters and words "31st day of march, 2021", the figures, letters and words "31st day of july, 2020" had been substituted for making such completion or compliance;10(vii) furnishing of report of audit under any provision thereof for the assessment year commencing on the 1st day of april, 2020, the provision of this sub-section shall have the effect as if for the figures, letters and words "31st day of march, 2021", the figures, letters and words "31st day of october, 2020" had been substituted:43 of 1961provided also that the extension of the date as referred to in sub-clause (b) of clause (i)of the third proviso shall not apply to explanation 1 to section 234a of the income-tax act, 1961 in cases where the amount of tax on the total income as reduced by the amount as specified in clauses (i) to (vi) of sub-section (1) of the said section exceeds one lakh rupees:1543 of 1961provided also that for the purposes of the fourth proviso, in case of an individual resident in india referred to in sub-section (2) of section 207 of the income-tax act, 1961, the tax paid by him under section 140a of that act within the due date (before extension) provided in that act, shall be deemed to be the advance tax:203 of 2020provided also that where the specified act is the direct tax vivad se vishwas act,2020, the provision of this sub-section shall have the effect as if—(a) for the figures, letters and words "31st day of december, 2020", the figures, letters and words "30th day of december, 2020" had been substituted for the time limit for the completion or compliance of the action; and25(b) for the figures, letters and words "31st day of march, 2021", the figures, letters and words "31st day of december, 2020" had been substituted for making such completion or compliance30(2) where any due date has been specified in, or prescribed or notified under, the specified act for payment of any amount towards tax or levy, by whatever name called, which falls during the period from the 20th day of march, 2020 to the 29th day of june, 2020 or such other date after the 29th day of june, 2020 as the central government may, by notification, specify in this behalf, and if such amount has not been paid within such date, but has been paid on or before the 30th day of june, 2020, or such other date after the 30th day of june, 2020 as the central government may, by notification, specify in this behalf, then, notwithstanding anything contained in the specified act,—35(a) the rate of interest payable, if any, in respect of such amount for the period of delay shall not exceed three-fourth per cent for every month or part thereof;(b) no penalty shall be levied and no prosecution shall be sanctioned in respect of such amount for the period of delay40 explanation—for the purposes of this sub-section, "the period of delay" means the period between the due date and the date on which the amount has been paid chapter iii amendments to the income-tax act, 19614 in the income-tax act, 1961,—(i) in section 6, with effect from the 1st day of april, 2021,—amendment of act 43 of 196145(a) in clause (1), in explanation 1, in clause (b), for the words "the citizen or person of indian origin", the words "such person" shall be substituted;(b) in clause (1a), the following explanation shall be inserted, namely:—"explanation—for the removal of doubts, it is hereby declared that this clause shall not apply in case of an individual who is said to be resident in india in the previous year under clause (1)";5(c) in clause (6), in the explanation, the words "and which is not deemed to accrue or arise in india" shall be added at the end; (ii) in section 10,(a) in clause (4d), with effect from the 1st day of april, 2021,—10 15 20(i) for the words "convertible foreign exchange, to the extent such income accrued or arisen to, or is received in respect of units held by a non-resident", the words and brackets 'convertible foreign exchange or as a result of transfer of securities (other than shares in a company resident in india) or any income from securities issued by a non-resident (not being a permanent establishment of a non-resident in india) and where such income otherwise does not accrue or arise in india or any income from a securitisation trust which is chargeable under the head "profits and gains of business or profession", to the extent such income accrued or arisen to, or is received is attributable to units held by non-resident (not being the permanent establishment of a non-resident in india) computed in the prescribed manner' shall be substituted;(ii) in the explanation, after clause (b), the following clauses shall be inserted, namely:—'(ba) "permanent establishment" shall have the meaning assigned to it in clause (iiia) of section 92f;2542 of 1956(bb) "securities" shall have the same meaning as assigned to it in clause (h) of section 2 of the securities contracts (regulation) act, 1956 and shall also include such other securities or instruments as may be notified by the central government in the official gazette in this behalf;30(bc) "securitisation trust" shall have the meaning assigned to it in clause (d) of the explanation below section 115tca;'(b) in clause (23c),—35(i) in sub-clause (i), after the word "fund", the words and brackets"or the prime minister's citizen assistance and relief in emergency situations fund (pm cares fund)" shall be inserted and shall be deemed to have been inserted with effect from the 1st day of april, 2020;(ii) for the first and second provisos,—(a) with effect from the 1st day of june, 2020, the following provisos shall be substituted and shall be deemed to have been substituted, namely:—40 45"provided that the fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or subclause (v) or sub-clause (vi) or sub-clause (via) shall make an application in the prescribed form and manner to the prescribed authority for the purpose of grant of the exemption, or continuance thereof, under sub-clause (iv) or sub-clause (v)or sub-clause (vi) or sub-clause (via) :provided further that the prescribed authority, before approving any fund or trust or institution or any university or other educational institution or any hospital or other medical institution, under sub-clause (iv) or sub-clause (v) or subclause (vi) or sub-clause (via), may call for such documents (including audited annual accounts) or information from the fund or trust or institution or any university or other educational institution or any hospital or other medical institution, as the case may be, as it thinks necessary in order to satisfy itself about the genuineness of the activities of such fund or trust or institution or any university or other educational institution or any hospital or other medical institution, as the case may be, and the compliance of such requirements under any other law for the time being in force by such fund or trust or institution or any university or other educational institution or any hospital or other medical institution, as the case may be, as are material for the purpose of achieving its objects and the prescribed authority, may also make such inquiries as it deems necessary in this behalf:"; (b) with effect from the 1st day of april, 2021, the following provisos shall be substituted, namely:—"provided that the exemption to the fund or trust or institution or university or other educational institution or hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via)under the respective sub-clauses shall not be available to it unless such fund or trust or institution or university or other educational institution or hospital or other medical institution makes an application in the prescribed form and manner to the principal commissioner or commissioner, for grant of approval,—| ( | i | ) where such fund or trust or institution or ||-------------------------------------------------------------|-----|--------------------------------------------------|| university or other educational institution or hospital | | || or other medical institution is approved under the second | | || proviso [as it stood immediately before its amendment | | || by the taxation and other laws (relaxation and | | || amendment of certain provisions) act, 2020], within | | || three months from the 1st day of april, 2021; | | || ( | ii | ) where such fund or trust or institution or || university or other educational institution or hospital | | || or other medical institution is approved and the period | | || of such approval is due to expire, at least six months | | || prior to expiry of the said period; | | || ( | iii | ) where such fund or trust or institution or || university or other educational institution or hospital | | || or other medical institution has been provisionally | | || approved, at least six months prior to expiry of the period | | || of the provisional approval or within six months of | | || commencement of its activities, whichever is earlier; | | || ( | iv | ) in any other case, at least one month prior to || the commencement of the previous year relevant to the | | || assessment year from which the said approval is sought, | | |and the said fund or trust or institution or university or other educational institution or hospital or other medical institution is approved under the second proviso:5 10 152025 30 35 40 4550 55 provided further that the principal commissioner or commissioner, on receipt of an application made under the first proviso, shall,—5(i) where the application is made under clause (i)of the said proviso, pass an order in writing granting approval to it for a period of five years;(ii) where the application is made under clause (ii)or clause (iii) of the said proviso,—10(a) call for such documents or information from it or make such inquiries as he thinks necessary in order to satisfy himself about—(a) the genuineness of activities of such fund or trust or institution or university or other educational institution or hospital or other medical institution; and15(b) the compliance of such requirements of any other law for the time being in force by it as are material for the purpose of achieving its objects; and (b) after satisfying himself about the objects and the genuineness of its activities under item (a), and compliance of the requirements under item (b), of sub-clause (a),—20(a) pass an order in writing granting approval to it for a period of five years;(b) if he is not so satisfied, pass an order in writing rejecting such application and also cancelling its approval after affording it a reasonable opportunity of being heard;25 30(iii) where the application is made under clause (iv) of the said proviso, pass an order in writing granting approval to it provisionally for a period of three years from the assessment year from which the registration is sought, and send a copy of such order to the fund or trust or institution or university or other educational institution or hospital or other medical institution:";(iii) for the eighth and ninth provisos,—(a) with effect from the 1st day of june, 2020, the following provisos shall be substituted and shall be deemed to have been substituted, namely:—35 40"provided also that any notification issued by the central government under sub-clause (iv) or sub-clause (v), before the date on which the taxation laws (amendment) bill, 2006 receives the assent of the president, shall, at any one time, have effect for such assessment year or years, not exceeding three assessment years (including an assessment year or years commencing before the date on which such notification is issued) as may be specified in the notification:45provided also that where an application under the first proviso is made on or after the date on which the taxation laws (amendment) bill, 2006 receives the assent of the president, every notification under sub-clause (iv) or sub-clause (v) shall be issued or approval under subclause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) shall be granted or an order rejecting the application shall be passed within the period of twelve months from the end of the month in which such application was received:"; (b) with effect from the 1st day of april, 2021, the following provisos shall be substituted, namely:—5"provided also that any approval granted under the second proviso shall apply in relation to the income of the fund or trust or institution or university or other educational institution or hospital or other medical institution,—(i) where the application is made under clause (i) of the first proviso, from the assessment year from which approval was earlier granted to it;10(ii) where the application is made under clause (iii) of the first proviso, from the first of the assessment years for which it was provisionally approved;(iii) in any other case, from the assessment year immediately following the financial year in which such application is made:15 20provided also that the order under clause (i), sub-clause(b) of clause (ii) and clause (iii) of the second proviso shall be passed, in such form and manner as may be prescribed, before expiry of the period of three months, six months and one month, respectively, calculated from the end of the month in which the application was received:"; (iv) in the twelfth proviso, for the word, figures and letters "section 12aa", the words, figures and letters "section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;25(v) after fifteenth proviso, with effect from the 1st day of june, 2020, the following proviso shall be inserted and shall be deemed to have been inserted, namely:—30"provided also that in case the fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in the first proviso makes an application on or after the 1st day of june, 2006 for the purposes of grant of exemption or continuance thereof, such application shall be made on or before the 30th day of september of the relevant assessment year from which the exemption is sought :";35(vi) with effect from the 1st day of april, 2021, the sixteenth proviso shall be omitted;(vii) for the eighteenth proviso,—40(a) with effect from the 1st day of june, 2020, the following proviso shall be substituted and shall be deemed to have been substituted, namely:—45"provided also that all pending applications, on which no notification has been issued under sub-clause (iv) or sub-clause (v) before the 1st day of june, 2007, shall stand transferred on that day to the prescribed authority and the prescribed authority may proceed with such applications under those sub-clauses from the stage at which they were on that day:";50(b) with effect from the 1st day of april, 2021, the following proviso shall be substituted, namely:—5"provided also that all applications made under the first proviso [as it stood before its amendment by the taxation and other laws (relaxation and amendment of certain provisions) act, 2020] pending before the principal commissioner or commissioner, on which no order has been passed before the 1st day of april, 2021, shall be deemed to be an application made under clause (iv) of the first proviso on that date:";10(c) after clause (23fbb), the following clause shall be inserted, with effect from the 1st day of april, 2021, namely:—"(23fbc) any income accruing or arising to or received by a unit holder from a specified fund or on transfer of units in a specified fundexplanation—for the purposes of this clause, the expressions—15(a) "specified fund" shall have the same meaning as assigned to it in clause (c) of the explanation to clause (4d);(b) "unit" means beneficial interest of an investor in the fund and shall include shares or partnership interests";(d) in clause (23fe), in the explanation, with effect from the 1st day of april, 2021;20(i) in clause (a), in sub-clause (ii), for the words "united arab emirates", the words "abu dhabi" shall be substituted";(ii) in clause (b), in sub-clause (vi), after the words "for this purpose", the words "and fulfils conditions specified in such notification" shall be inserted;25(iii) in clause (c), in sub-clause (iv), for the words "for this purpose", the words "for this purpose and fulfils conditions specified in such notification" shall be substituted;(iii) in section 11,—30(a) in sub-section (1), in explanation 2, after the word, figures and letters"section 12aa", the words, figures and letters "or section 12ab, as the case may be" shall be inserted with effect from the 1st day of april, 2021;(b) in sub-section (7),—35(i) for the words, figures and letters "under section 12aa or section12ab", the words, brackets, letters and figures "under clause (b) of subsection (1) of section 12aa" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of june, 2020;(ii) for the words, brackets, letters and figures "under clause (b) of sub-section (1) of section 12aa", the words, figures and letters "under section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;40(iii) in the second proviso,—45(a) with effect from the 1st day of june, 2020 for the words, figures and letters " under section 12ab", the words, figures and letters "under section 12aa" shall be substituted and shall be deemed to have been substituted;(b) with effect from the 1st day of april, 2021, the words, figures and letters " under section 12aa" the words, figures and letters or section 12ab" shall be inserted;(iv) in section 12a,—(a) in sub-section (1),—(i) with effect from the 1st day of june, 2020, clause (ac) shall be omitted and shall be deemed to have been omitted;5(ii) with effect from the 1st day of april, 2021, after clause (ab), the following clause shall be inserted, namely:—10"(ac) notwithstanding anything contained in clauses (a) to(ab), the person in receipt of the income has made an application in the prescribed form and manner to the principal commissioner or commissioner, for registration of the trust or institution,—33 of 199615(i) where the trust or institution is registered under section 12a [as it stood immediately before its amendment by the finance (no 2) act, 1996] or under section 12aa, [as it stood immediately before its amendment by the taxation and other laws (relaxation and amendment of certain provisions) act, 2020] within three months from the 1st day of april, 2021;12 of 2020(ii) where the trust or institution is registered under section 12ab and the period of the said registration is due to expire, at least six months prior to expiry of the said period;20(iii) where the trust or institution has been provisionally registered under section 12ab, at least six months prior to expiry of period of the provisional registration or within six months of commencement of its activities, whichever is earlier;25(iv) where registration of the trust or institution has become inoperative due to the first proviso to sub-section (7)of section 11, at least six months prior to the commencement of the assessment year from which the said registration is sought to be made operative;30(v) where the trust or institution has adopted or undertaken modifications of the objects which do not conform to the conditions of registration, within a period of thirty days from the date of the said adoption or modification;(vi) in any other case, at least one month prior to the commencement of the previous year relevant to the assessment year from which the said registration is sought,35and such trust or institution is registered under section 12ab;"; (b) in sub-section (2),—(a) with effect from the 1st day of june, 2020,— (i) the first proviso shall be omitted and shall be deemed to have been omitted,—40 45(ii) in the second proviso, for the words, figures and letters "provided further that where registration has been granted to the trust or institution under section 12aa or section 12ab" the words, figures and letters "provided that where registration has been granted to the trust or institution under section 12aa", shall be substituted and shall be deemed to be substituted;(iii) in the third proviso, for the words "provided also" the words"provided further", shall be substituted and shall be deemed to be substituted;(iv) in the fourth proviso, for the words, figures and letters "section12aa or section 12ab", the word, figures and letters 'section 12aa" shall be substituted and shall be deemed to be substituted; (b) with effect from the 1st day of april, 2021, namely:—5(i) in the first proviso, for the words "provided that where registration has been granted to the trust or institution under section 12aa", the following shall be substituted,—"provided that the provisions of sections 11 and 12 shall apply to a trust or institution, where the application is made under—10(a) sub-clause (i) of clause (ac) of sub-section (1), from the assessment year from which such trust or institution was earlier granted registration;15(b) sub-clause (iii) of clause (ac) of sub-section (1), from the first of the assessment year for which it was provisionally registered: provided further that where registration has been granted to the trust or institution under section 12aa or section 12ab"; (ii) in the second proviso, for the words "provided further", the words "provided also" shall be substituted figures and letters;20(iii) in the fourth proviso, for the word, figures and letters "section12aa" the words, figures and letters 'section 12aa or section 12ab" shall be substituted; (v) in section 12aa,—25(a) sub-section (5) shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020; (b) after sub-section (4), the following sub-section shall be inserted with effect from the 1st day of april, 2021, namely:—"(5) nothing contained in this section shall apply on or after the1st day of april, 2021";30(vi) section 12ab shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;(vii) after section 12aa, the following section shall be inserted with effect from the 1st day of april, 2021, namely:—"12ab (1) the principal commissioner or commissioner, on receipt of an application made under clause (ac) of sub-section (1) of section 12a, shall,—35procedure for fresh registration(a) where the application is made under sub-clause (i) of the said clause, pass an order in writing registering the trust or institution for a period of five years;40(b) where the application is made under sub-clause (ii) or sub-clause(iii) or sub-clause (iv) or sub-clause (v) of the said clause,—(i) call for such documents or information from the trust or institution or make such inquiries as he thinks necessary in order to satisfy himself about—(a) the genuineness of activities of the trust or institution; and5(b) the compliance of such requirements of any other law for the time being in force by the trust or institution as are material for the purpose of achieving its objects; (ii) after satisfying himself about the objects of the trust or institution and the genuineness of its activities under item (a) and compliance of the requirements under item (b), of sub-clause (i),— (a) pass an order in writing registering the trust or institution for a period of five years; or10(b) if he is not so satisfied, pass an order in writing rejecting such application and also cancelling its registration after affording a reasonable opportunity of being heard;15(c) where the application is made under sub-clause (vi) of the said clause, pass an order in writing provisionally registering the trust or institution for a period of three years from the assessment year from which the registration is sought, and send a copy of such order to the trust or institution20(2) all applications, pending before the principal commissioner or commissioner on which no order has been passed under clause (b) of subsection (1) of section 12aa before the date on which this section has come into force, shall be deemed to be an application made under sub-clause (vi) of clause (ac) of sub-section (1) of section 12a on that date25 (3) the order under clause (a), sub-clause (ii) of clause (b) and clause (c), of sub-section (1) shall be passed, in such form and manner as may be prescribed, before expiry of the period of three months, six months and one month, respectively, calculated from the end of the month in which the application was received30 35(4) where registration of a trust or an institution has been granted under clause (a) or clause (b) of sub-section (1) and subsequently, the principal commissioner or commissioner is satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case may be, he shall pass an order in writing cancelling the registration of such trust or institution after affording a reasonable opportunity of being heard(5) without prejudice to the provisions of sub-section (4), where registration of a trust or an institution has been granted under clause (a) or clause (b) of sub-section (1) and subsequently, it is noticed that—40(a) the activities of the trust or the institution are being carried out in a manner that the provisions of sections 11 and 12 do not apply to exclude either whole or any part of the income of such trust or institution due to operation of sub-section (1) of section 13; or45(b) the trust or institution has not complied with the requirement of any other law, as referred to in item (b) of sub-clause (i) of clause (b) of sub-section (1), and the order, direction or decree, by whatever name called, holding that such non-compliance has occurred, has either not been disputed or has attained finality, then, the principal commissioner or the commissioner may, by an order in writing, after affording a reasonable opportunity of being heard, cancel the registration of such trust or institution"5(viii) in section 13, in explanation 1, after the figures and letter "12a", the figures and letters ", 12aa, 12ab" shall be inserted with effect from the 1st day of april, 2021;(ix) in section 35,— (a) in sub-section (1),—10(i) with effect from the 1st day of june, 2020, in clause (iii), in the explanation,—(a) for the words, brackets, figures and letter "to which clause (ii) or clause (iii) or to a company to which clause (iia)", the words, brackets and figures "to which clause (ii) or clause (iii)"shall be substituted and shall be deemed to have been substituted;15 (b) for the words, brackets, figures and letter "clause (ii) or clause (iii) or to a company referred to in clause (iia)", the words, brackets and figures "clause (ii) or clause (iii)" shall be substituted and shall be deemed to have been substituted;20(ii) with effect from the 1st day of april, 2021, in sub-clause (iii), in the explanation, for the words, brackets and figures,—(a) "to which clause (ii) or clause (iii)", the words, brackets, figures and letter "to which clause (ii) or clause (iii) or to a company to which clause (iia)" shall be substituted;25(b) "clause (ii) or clause (iii)", the words, brackets, figures and letter "clause (ii) or clause (iii) or to a company referred to in clause (iia)" shall be substituted; (iii) the fifth and sixth proviso occurring after clause (iv) shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;30(iv) after the fourth proviso occurring after clause (iv), the following provisos shall be inserted with effect from the 1st day of april, 2021, namely:—35 40 45"provided also that every notification under clause (ii) or clause (iii) in respect of the research association, university, college or other institution or under clause (iia) in respect of the company issued on or before the date on which this proviso has come into force, shall be deemed to have been withdrawn unless such research association, university, college or other institution referred to in clause (ii) or clause (iii) or the company referred to in clause (iia) makes an intimation in such form and manner, as may be prescribed, to the prescribed income-tax authority within three months from the date on which this proviso has come into force, and subject to such intimation the notification shall be valid for a period of five consecutive assessment years beginning with the assessment year commencing on or after the 1st day of april, 2022:provided also that any notification issued by the central government under clause (ii) or clause (iia) or clause (iii), after the date on which the taxation and other laws (relaxation and amendment of certain provisions) bill, 2020 receives the assent of the president, shall, at any one time, have effect for such assessment year or years, not exceeding five assessment years as may be specified in the notification";5(b) sub-section (1a) shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;(c) after sub-section (1), the following sub-section shall be inserted with effect from the 1st day of april, 2021, namely:—10"(1a) notwithstanding anything contained in sub-section (1), the research association, university, college or other institution referred to in clause (ii) or clause (iii) or the company referred to in clause (iia) of sub-section (1) shall not be entitled to deduction under the respective clauses of the said sub-section, unless such research association, university, college or other institution or company—15(i) prepares such statement for such period as may be prescribed and deliver or cause to be delivered to the said prescribed income-tax authority or the person authorised by such authority such statement in such form, verified in such manner, setting forth such particulars and within such time, as may be prescribed:20provided that such research association, university, college or other institution or the company may also deliver to the prescribed authority a correction statement for rectification of any mistake or to add, delete or update the information furnished in the statement delivered under this sub-section in such form and verified in such manner as may be prescribed;25(ii) furnishes to the donor, a certificate specifying the amount of donation in such manner, containing such particulars and within such time from the date of receipt of sum, as may be prescribed";(x) in section 35ac, with effect from the 1st day of november, 2020,—(i) in sub-section (4)—30(a) in clause (i), for the word "committee", the words and brackets"the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted;(b) in clause (ii), for the words " national committee", the words and brackets "the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted;35(c) in the longline, for the words "national committee", the words and brackets "the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted;40(d) in the proviso, for the words "national committee", the words and brackets "the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted; (ii) in sub-section (5),—(a) in clause (i), for the words "national committee", the words and brackets "the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted;45(b) in the first proviso, for the words "national committee", the words and brackets "the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption)" shall be substituted;(iii) in sub-section (6), in clause (ii), after the words "national committee", the words and brackets "or the principal chief commissioner of income tax (exemption) or the chief commissioner of income tax (exemption), as the case may be," shall be inserted;(xi) in section 56, in sub-section (2),—5(a) with effect from the 1st day of june, 2020,—(i) in clause (v), in the proviso, in clause (g), for the words, figures and letters "section 12aa or section 12ab", the word, figures and letters "section 12aa" shall be substituted and shall be deemed to have been substituted;10(ii) in clause (vi), in the proviso, in clause (g), for the words, figures and letters "section 12aa or section 12ab", the word, figures and letters "section 12aa" shall be substituted and shall be deemed to have been substituted;15(iii) in clause (vii), in the second proviso, in clause (g), for the words, figures and letters "section 12aa or section 12ab", the word, figures and letters "section 12aa" shall be substituted and shall be deemed to have been substituted; (b) with effect from the 1st day of april, 2021,—20(i) in clause (v), in the proviso, in clause (g), for the word, figures and letters "section 12aa", the words, figures and letters "section 12aa or section 12ab" shall be substituted;(ii) in clause (vi), in the proviso, in clause (g), for the word, figures and letters "section 12aa", the words, figures and letters "section 12aa or section 12ab" shall be substituted;25(iii) in clause (vii), in the second proviso, in clause (g), for the word, figures and letters "section 12aa", the words, figures and letters "section 12aa or section 12ab" shall be substituted; (c) in clause (x), in the proviso, in clause (vii),—30(i) for the words, figures and letters "section 12a or section 12aa or section 12ab", the words, figures and letters "section 12a or section 12aa" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of june, 2020;35(ii) for the words, figures and letters "section 12a or section 12aa",the words, figures and letters "section 12a or section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;(xii) in section 80g,—40(a) in sub-section (2), in clause (a), in sub-clause (iiia), after the word"fund", the words and brackets "or the prime minister's citizen assistance and relief in emergency situations fund (pm cares fund)" shall be inserted and shall be deemed to have been inserted with effect from the 1st day of april, 2020;(b) in sub-section (5),—(i) with effect from the 1st day of june, 2020,—45(a) in clause (vi), for the words "approved by the principal commissioner or commissioner;" the words "approved by the commissioner in accordance with the rules made in this behalf; and" shall be substituted and shall be deemed to have been substituted;5(b) clauses (viii) and (ix) shall be omitted and shall be deemed to have been omitted; (ii) with effect from the 1st day of april, 2021,—(a) in clause (vi), for the words "approved by the commissioner in accordance with the rules made in this behalf; and", the words "approved by the principal commissioner or commissioner;" shall be substituted;10(b) after clause (vii), the following clauses shall be inserted, namely:—15"(viii) the institution or fund prepares such statement for such period as may be prescribed and deliver or cause to be delivered to the prescribed income-tax authority or the person authorised by such authority such statement in such form and verified in such manner and setting forth such particulars and within such time as may be prescribed;20provided that the institution or fund may also deliver to the said prescribed authority, (a) correction statement for rectification of any mistake or to add, delete or update the information furnished in the statement delivered under this sub-section in such form and verified in such manner as may be prescribed; and25 (ix) the institution or fund furnishes to the donor, a certificate specifying the amount of donation in such manner, containing such particulars and within such time from the date of receipt of donation, as may be prescribed:provided that the institution or fund referred to in clause (vi) shall make an application in the prescribed form and manner to the principal commissioner or commissioner, for grant of approval,—3012 of 2020(i) where the institution or fund is approved under clause (vi)(as it stood immediately before its amendment by the taxation and other laws (relaxation and amendment of certain provisions) act, 2020), within three months from the 1st day of april, 2021;35(ii) where the institution or fund is approved and the period of such approval is due to expire, at least six months prior to expiry of the said period;40(iii) where the institution or fund has been provisionally approved, at least six months prior to expiry of the period of the provisional approval or within six months of commencement of its activities, whichever is earlier;(iv) in any other case, at least one month prior to commencement of the previous year relevant to the assessment year from which the said approval is sought:45provided further that the principal commissioner or commissioner, on receipt of an application made under the first proviso, shall,—(i) where the application is made under clause (i)of the said proviso, pass an order in writing granting it approval for a period of five years;50(ii) where the application is made under clause(ii) or clause (iii) of the said proviso,—(a) call for such documents or information from it or make such inquiries as he thinks necessary in order to satisfy himself about—5(a) the genuineness ofactivities of such institution or fund; and(b) the fulfilment of all theconditions laid down in clauses (i) to (v);10(b) after satisfying himself about thegenuineness of activities under item (a),and the fulfilment of all the conditions under item (b), of sub-clause (a),—15(a) pass an order in writinggranting it approval for a period of five years; or20(b) if he is not so satisfied, passan order in writing rejecting such application and also cancelling its approval after affording it a reasonable opportunity of being heard;25| ( | iii | ) where the application is made under ||--------------------------------------------------|-------|-----------------------------------------|| clause ( | iv | ) of the said proviso, pass an order in || writing granting it approval provisionally for a | | || period of three years from the assessment year | | || from which the registration is sought, | | |and send a copy of such order to the institution or fund:30 35provided also that the order under clause (i), subclause (b) of clause (ii) and clause (iii) of the first proviso shall be passed in such form and manner as may be prescribed, before expiry of the period of three months, six months and one month, respectively, calculated from the end of the month in which the application was received:provided also that the approval granted under the second proviso shall apply to an institution or fund, where the application is made under—40(a) clause (i) of the first proviso, from the assessment year from which approval was earlier granted to such institution or fund;(b) clause (iii) of the first proviso, from the first of the assessment years for which such institution or fund was provisionally approved;(c) in any other case, from the assessment year immediately following the financial year in which such application is made";45(c) sub-section (5e), shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;(d) after sub-section (5d), the following sub-section shall be inserted with effect from the 1st day of april, 2021, namely:—50"(5e) all applications, pending before the commissioner on which no order has been passed under clause (vi) of sub-section (5) before the date on which this sub-section has come into force, shall be deemed to be applications made under clause (iv) of the first proviso to sub-section (5) on that date";(e) explanation 2a shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;5 10(f) after explanation 2, the following explanation shall be inserted with effect from the 1st day of april, 2021, namely:—"explanation 2a—for the removal of doubts, it is hereby declared that claim of the assessee for a deduction in respect of any donation made to an institution or fund to which the provisions of sub-section (5) apply, in the return of income for any assessment year filed by him, shall be allowed on the basis of information relating to said donation furnished by the institution or fund to the prescribed income-tax authority or the person authorised by such authority, subject to verification in accordance with the risk management strategy formulated by the board from time to time"; (xiii) in section 92ca, after sub-section (7), the following sub-sections shall be inserted with effect from the 1st day of november, 2020, namely:—15"(8) the central government may make a scheme, by notification in the official gazette, for the purposes of determination of the arm's length price under sub-section (3), so as to impart greater efficiency, transparency and accountability by—20(a) eliminating the interface between the transfer pricing officer and the assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies of scale and functional specialisation;(c) introducing a team-based determination of arm's length price with dynamic jurisdiction25(9) the central government may, for the purpose of giving effect to the scheme made under sub-section (8), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:30provided that no direction shall be issued after the 31st day of march, 2022 (10) every notification issued under sub-section (8) and sub-section (9) shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xiv) in section 115ad, with effect from the 1st day of april, 2021,—(a) in sub-section (1),—35(i) in the opening portion, for the words "foreign institutional investor", the words "specified fund or foreign institutional investor" shall be substituted;40(ii) for clause (i), the following clause shall be substituted, namely:—" (i) the amount of income-tax calculated on the income in respect of securities referred to in clause (a), if any, included in the total income,—(a) at the rate of twenty percent in case of foreign institutional investor;45(b) at the rate of ten percent in case of specified fund;";(iii) in clause (iv), for the words "foreign institutional investor", the words "specified fund or foreign institutional investor" shall be substituted; (b) after sub-section (1), the following sub-section shall be inserted, namely:—50"(1a) notwithstanding anything contained in sub-section (1), in case of specified fund, the provision of this section shall apply only to the extent of income that is attributable to units held by non-resident (not being a permanent establishment of a non-resident in india) calculated in the prescribed manner";(c) in sub-section (2), for the words "foreign institutional investor", at both the places where they occur, the words "specified fund or foreign institutional investor" shall be substituted;(d) in the explanation, for clause (b), the following clauses shall be inserted with effect from the 1st day of april, 2021, namely:—5'(b) the expression"permanent establishment" shall have the meaning assigned to it in clause (iiia) of section 92f;1042 of 1956(c) the expression "securities" shall have the meaning assigned to it in clause (h) of section 2 of the securities contracts (regulation) act, 1956;(d) the expression "specified fund" shall have the same meaning assigned to it in clause (c) of the explanation to clause (4d) of section 10',(xv) in section 115bbda, in the explanation, in clause (b), in sub-clause (iii),—15(i) for the words, figures and letters, "under section 12a or section 12aaor section 12ab", the words, figures and letters "under section 12a or section 12aa" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of june, 2020;20(ii) for the words, figures and letters, "under section 12a or section 12aa"the words, figures and letters "under section 12a or section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;(xvi) in section 115jee, after sub-section (2), the following sub-section shall be inserted with effect from the 1st day of april, 2021, namely:—25"(2a) the provisions of this chapter shall not apply to specified fund referred to in clause (c) of the explanation to clause (4d) of section 10"; (xvii) in section 115td,—(i) for the words, figures and letters, "under section 12aa or section 12ab" wherever they occur, the words, figures and letters "under section 12aa" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of june, 2020;30(ii) for the words, figures and letters, "under section 12aa" wherever they occur, the words, figures and letters "under section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;(xviii) after section 129, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—35"130 (1) the central government may make a scheme, by notification in the official gazette, for the purposes of—faceless jurisdiction of income-tax authorities40| ( | a | ) exercise of all or any of the powers and performance of all ||------------------------------------------------------------------------|-----|-----------------------------------------------------------------|| or any of the functions conferred on, or, as the case may be, assigned | | || to income-tax authorities by or under this act as referred to in | | || section 120; or | | || ( | b | ) vesting the jurisdiction with the assessing officer as || referred to in section 124; or | | || ( | c | ) exercise of power to transfer cases under section 127; or |45(d) exercise of jurisdiction in case of change of incumbency as referred to in section 129, so as to impart greater efficiency, transparency and accountability by—(i) eliminating the interface between the income-tax authority and the assessee or any other person, to the extent technologically feasible;5(ii) optimising utilisation of the resources through economies of scale and functional specialisation;(iii) introducing a team-based exercise of powers and performance of functions by two or more income-tax authorities, concurrently, in respect of any area or persons or classes of persons or incomes or classes of income or cases or classes of cases, with dynamic jurisdiction10(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:15provided that no direction shall be issued after the 31st day of march, 2022(3) every notification issued under sub-section (1) and subsection (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";20(xix) in section 133a, with effect from the 1st day of november, 2020,—(i) in sub-section (6), for the proviso, the following proviso shall be substituted, namely:—25"provided that no action under this section shall be taken by an income-tax authority without the approval of the principal director general or the director general or the principal chief commissioner or the chief commissioner"; (ii) in the explanation, for clause (a), the following clause shall be substituted, namely:—'(a) "income-tax authority" means—30(i) a principal commissioner or commissioner, a principal director or director, a joint commissioner or joint director, an assistant director or a deputy director or an assessing officer, or a tax recovery officer; and35(ii) includes an inspector of income-tax, for the purposes of clause (i) of sub-section (1), clause (i) of sub-section (3) and subsection (5), who is subordinate to the principal director general of income-tax (investigation) or the director general of income-tax (investigation) or the principal chief commissioner of income-tax (tds) or the chief commissioner of income-tax (tds), as the case may be;';40(xx) in section 133c, with effect from the 1st day of november, 2020,—45(a) in sub-section (2), for the words "such information or document and make available the outcome of such processing to the assessing officer", the words, brackets, figures and letter "and utilise such information and document in accordance with the scheme notified under sub-section (3) or the provisions of section 135a" shall be substituted;(b) after sub-section (3), the following sub-section shall be inserted, namely:—50"(4) the scheme made under sub-section (3) shall cease to have effect from the date on which the scheme notified under section 135a in respect of this section comes into effect";(xxi) after section 135, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—faceless collection of information5"135a (1) the central government may make a scheme, by notification inthe official gazette, for the purposes of calling for information under section 133, collecting certain information under section 133b, or calling for information by prescribed income-tax authority under section 133c, or exercise of power to inspect register of companies under section 134, or exercise of power of assessing officer under section 135 so as to impart greater efficiency, transparency and accountability by—10| ( | a | ) eliminating the interface between the income-tax authority and ||--------------------------------------------------------------------------|-----|--------------------------------------------------------------------|| the assessee or any other person to the extent technologically feasible; | | || ( | b | ) optimising utilisation of the resources through economies of || scale and functional specialisation; | | |15| ( ||------------------------------------------------------------------------|| for, or collect, or process, or utilise, the information, with dynamic || jurisdiction |20(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 2022 (3) every notification issued under sub-section (1) and sub-section (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";25(xii) after section 142a, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—faceless inquiry or valuation30"142b (1) the central government may make a scheme, by notification in the official gazette, for the purposes of issuing notice under sub-section (1) or making inquiry before assessment under sub-section (2), or directing the assessee to get his accounts audited under sub-section (2a), of section 142, or estimating the value of any asset, property or investment by a valuation officer under section 142a, so as to impart greater efficiency, transparency and accountability by—(a) eliminating the interface between the income-tax authority or valuationofficer and the assessee or any person to the extent technologically feasible;35(b) optimising utilisation of the resources through economies of scale andfunctional specialisation;(c) introducing a team-based issuance of notice or making of enquiries orissuance of directions or valuation with dynamic jurisdiction;40(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification: provided that no direction shall be issued after the 31st day of march, 2022 (3) every notification issued under sub-section (1) and sub-section (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";45(xiii) in section 143, with effect from the 1st day of april, 2021,—(i) in sub-section (3b), in the proviso, for the figures "2022", the figures"2021" shall be substituted;(ii) after sub-section (3c), the following sub-section shall be inserted, namely:—50"(3d) nothing contained in sub-section (3a) and sub-section (3b)shall apply to the assessment made under sub-section (3) or under section 144, as the case may be, on or after the 1st day of april, 2021";(xiv) after section 144a, the following section shall be inserted with effect from the 1st day of april, 2021, namely:—faceless assessment5'144b (1) notwithstanding anything to the contrary contained in any other provisions of this act, the assessment under sub-section (3) of section 143or under section 144, in the cases referred to in sub-section (2), shall be made in a faceless manner as per the following procedure, namely:—10(i) the national faceless assessment centre shall serve a notice on the assessee under sub-section (2) of section 143;(ii) the assessee may, within fifteen days from the date of receipt of notice referred to in clause (i), file his response to the national faceless assessment centre;(iii) where the assessee—15(a) has furnished his return of income under section 139 or in response to a notice issued under sub-section (1) of section 142 or sub-section (1) of section 148, and a notice under sub-section (2) of section 143 has been issued by the assessing officer or the prescribed income-tax authority, as the case may be; or20(b) has not furnished his return of income in response to a notice issued under sub-section (1) of section 142 by the assessing officer; or25(c) has not furnished his return of income under sub-section(1) of section 148 and a notice under sub-section (1) of section 142has been issued by the assessing officer, the national faceless assessment centre shall intimate the assessee that assessment in his case shall be completed in accordance with the procedure laid down under this section;30(iv) the national faceless assessment centre shall assign the case selected for the purposes of faceless assessment under this section to a specific assessment unit in any one regional faceless assessment centre through an automated allocation system;(v) where a case is assigned to the assessment unit, it may make a request to the national faceless assessment centre for—35(a) obtaining such further information, documents or evidence from the assessee or any other person, as it may specify;(b) conducting of certain enquiry or verification by verification unit; and(c) seeking technical assistance from the technical unit;40 45(vi) where a request for obtaining further information, documents or evidence from the assessee or any other person has been made by the assessment unit, the national faceless assessment centre shall issue appropriate notice or requisition to the assessee or any other person for obtaining the information, documents or evidence requisitioned by the assessment unit;(vii) the assessee or any other person, as the case may be, shall file his response to the notice referred to in clause (vi), within the time specified therein or such time as may be extended on the basis of an application in this regard, to the national faceless assessment centre;5(viii) where a request for conducting of certain enquiry or verification by the verification unit has been made by the assessment unit, the request shall be assigned by the national faceless assessment centre to a verification unit in any one regional faceless assessment centres through an automated allocation system;10(ix) where a request for seeking technical assistance from the technical unit has been made by the assessment unit, the request shall be assigned by the national faceless assessment centre to a technical unit in any one regional faceless assessment centres through an automated allocation system;(x) the national faceless assessment centre shall send the report received from the verification unit or the technical unit, based on the request referred to in clause (viii) or clause (ix) to the concerned assessment unit;15(xi) where the assessee fails to comply with the notice referred to in clause (vi) or notice issued under sub-section (1) of section 142 or with a direction issued under sub-section (2a) of section 142, the national faceless assessment centre shall serve upon such assessee a notice under section 144 giving him an opportunity to show-cause, on a date and time to be specified in the notice, why the assessment in his case should not be completed to the best of its judgment;20(xii) the assessee shall, within the time specified in the notice referred to in clause (xi) or such time as may be extended on the basis of an application in this regard, file his response to the national faceless assessment centre;25(xiii) where the assessee fails to file response to the notice referred to in clause (xi) within the time specified therein or within the extended time, if any, the national faceless assessment centre shall intimate such failure to the assessment unit;30 35(xiv) the assessment unit shall, after taking into account all the relevant material available on the record make in writing, a draft assessment order or, in a case where intimation referred to in clause (xiii) is received from the national faceless assessment centre, make in writing, a draft assessment order to the best of its judgment, either accepting the income or sum payable by, or sum refundable to, the assessee as per his return or making variation to the said income or sum, and send a copy of such order to the national faceless assessment centre;(xv) the assessment unit shall, while making draft assessment order, provide details of the penalty proceedings to be initiated therein, if any;40(xvi) the national faceless assessment centre shall examine the draft assessment order in accordance with the risk management strategy specified by the board, including by way of an automated examination tool, whereupon it may decide to—45(a) finalise the assessment, in case no variation prejudicial to the interest of assessee is proposed, as per the draft assessment order and serve a copy of such order and notice for initiating penalty proceedings, if any, to the assessee, along with the demand notice, specifying the sum payable by, or refund of any amount due to, the assessee on the basis of such assessment; or50(b) provide an opportunity to the assessee, in case any variation prejudicial to the interest of assessee is proposed, by serving a notice calling upon him to show cause as to why the proposed variation should not be made; or (c) assign the draft assessment order to a review unit in any one regional faceless assessment centre, through an automated allocation system, for conducting review of such order;5(xvii) the review unit shall conduct review of the draft assessment order referred to it by the national faceless assessment centre whereupon it may decide to—10(a) concur with the draft assessment order and intimate the national faceless assessment centre about such concurrence; or(b) suggest such variation, as it may deem fit, in the draft assessment order and send its suggestions to the national faceless assessment centre; (xviii) the national faceless assessment centre shall, upon receiving concurrence of the review unit, follow the procedure laid down in—(a) sub-clause (a) of clause (xvi); or15(b) sub-clause (b) of clause (xvi);20(xix) the national faceless assessment centre shall, upon receiving suggestions for variation from the review unit, assign the case to an assessment unit, other than the assessment unit which has made the draft assessment order, through an automated allocation system;(xx) the assessment unit shall, after considering the variations suggested by the review unit, send the final draft assessment order to the national faceless assessment centre;25(xxi) the national faceless assessment centre shall, upon receiving final draft assessment order follow the procedure laid down in—(a) sub-clause (a) of clause (xvi); or(b) sub-clause (b) of clause (xvi);30(xxii) the assessee may, in a case where show-cause notice has been served upon him as per the procedure laid down in sub-clause (b) of clause (xvi), furnish his response to the national faceless assessment centre on or before the date and time specified in the notice or within the extended time, if any;(xxiii) the national faceless assessment centre shall,—(a) where no response to the show-cause notice is received as per clause (xxii),—35(a) in a case where the draft assessment order or the final draft assessment order is in respect of an eligible assessee and proposes to make any variation which is prejudicial to the interest of said assessee, forward the draft assessment order or final draft assessment order to such assessee; or40 45(b) in any other case, finalise the assessment as per the draft assessment order or the final draft assessment order and serve a copy of such order and notice for initiating penalty proceedings, if any, to the assessee, alongwith the demand notice, specifying the sum payable by, or refund of any amount due to, the assessee on the basis of such assessment; (b) in any other case, send the response received from the assessee to the assessment unit;(xxiv) the assessment unit shall, after taking into account the response furnished by the assessee, make a revised draft assessment order and send it to the national faceless assessment centre;5(xxv) the national faceless assessment centre shall, upon receiving the revised draft assessment order,—(a) in case the variations proposed in the revised draft assessment order are not prejudicial to the interest of the assessee in comparison to the draft assessment order or the final draft assessment order, and—10(a) in case the revised draft assessment order is in respect of an eligible assessee and there is any variation prejudicial to the interest of the assessee proposed in draft assessment order or the final draft assessment order, forward the said revised draft assessment order to such assessee;15(b) in any other case, finalise the assessment as per the reviseddraft assessment order and serve a copy of such order and notice for initiating penalty proceedings, if any, to the assessee, alongwith the demand notice, specifying the sum payable by, or refund of any amount due to, the assessee on the basis of such assessment;20(b) in case the variations proposed in the revised draft assessment order are prejudicial to the interest of the assessee in comparison to the draft assessment order or the final draft assessment order, provide an opportunity to the assessee, by serving a notice calling upon him to show-cause as to why the proposed variation should not be made;25(xxvi) the procedure laid down in clauses (xxiii), (xxiv) and (xxv)shall apply mutatis mutandis to the notice referred to in sub-clause (b) of clause (xxv);30(xxvii) where the draft assessment order or final draft assessment order or revised draft assessment order is forwarded to the eligible assessee as per item (a) of sub-clause (a) of clause (xxiii) or item (a) of sub-clause (a) of clause (xxv), such assessee shall, within the period specified in sub-section (2) of section 144c, file his acceptance of the variations to the national faceless assessment centre;(xxviii) the national faceless assessment centre shall,—(a) upon receipt of acceptance as per clause (xxvii); or35(b) if no objections are received from the eligible assessee within theperiod specified in sub-section (2) of section 144c,40finalise the assessment within the time allowed under sub-section (4) of section 144c and serve a copy of such order and notice for initiating penalty proceedings, if any, to the assessee, alongwith the demand notice, specifying the sum payable by, or refund of any amount due to, the assessee on the basis of such assessment;45(xxix) where the eligible assessee files his objections with the dispute resolution panel, the national faceless assessment centre shall upon receipt of the directions issued by the dispute resolution panel under sub-section (5)of section 144c, forward such directions to the concerned assessment unit;(xxx) the assessment unit shall in conformity of the directions issued by the dispute resolution panel under sub-section (5) of section 144c, prepare a draft assessment order in accordance with sub-section (13) of section 144c and send a copy of such order to the national faceless assessment centre;5(xxxi) the national faceless assessment centre shall, upon receipt of draft assessment order referred to in clause (xxx), finalise the assessment within the time allowed under sub-section (13) of section 144c and serve a copy of such order and notice for initiating penalty proceedings, if any, to the assessee, alongwith the demand notice, specifying the sum payable by, or refund of any amount due to, the assessee on the basis of such assessment;(xxxii) the national faceless assessment centre shall, after completion of assessment, transfer all the electronic records of the case to the assessing officer having jurisdiction over the said case for such action as may be required under the act10(2) the faceless assessment under sub-section (1) shall be made in respect of such territorial area, or persons or class of persons, or incomes or class of incomes, or cases or class of cases, as may be specified by the board(3) the board may, for the purposes of faceless assessment, set up the following centres and units and specify their respective jurisdiction, namely:—15(i) a national faceless assessment centre to facilitate the conduct of faceless assessment proceedings in a centralised manner, which shall be vested with the jurisdiction to make faceless assessment;20(ii) regional faceless assessment centres, as it may deem necessary, to facilitate the conduct of faceless assessment proceedings in the cadre controlling region of a principal chief commissioner, which shall be vested with the jurisdiction to make faceless assessment;25(iii) assessment units, as it may deem necessary to facilitate the conduct of faceless assessment, to perform the function of making assessment, which includes identification of points or issues material for the determination of any liability (including refund) under the act, seeking information or clarification on points or issues so identified, analysis of the material furnished by the assessee or any other person, and such other functions as may be required for the purposes of making faceless assessment;30(iv) verification units, as it may deem necessary to facilitate the conduct of faceless assessment, to perform the function of verification, which includes enquiry, cross verification, examination of books of accounts, examination of witnesses and recording of statements, and such other functions as may be required for the purposes of verification;35(v) technical units, as it may deem necessary to facilitate the conduct of faceless assessment, to perform the function of providing technical assistance which includes any assistance or advice on legal, accounting, forensic, information technology, valuation, transfer pricing, data analytics, management or any other technical matter which may be required in a particular case or a class of cases, under this section; and40 45(vi) review units, as it may deem necessary to facilitate the conduct of faceless assessment, to perform the function of review of the draft assessment order, which includes checking whether the relevant and material evidence has been brought on record, whether the relevant points of fact and law have been duly incorporated in the draft order, whether the issues on which addition or disallowance should be made have been discussed in the draft order, whether the applicable judicial decisions have been considered and dealt with in the draft order, checking for arithmetical correctness of variations proposed, if any, and such other functions as may be required for the purposes of review50(4) the assessment unit, verification unit, technical unit and the review unit shall have the following authorities, namely:—(a) additional commissioner or additional director or joint commissioner or joint director, as the case may be;(b) deputy commissioner or deputy director or assistant commissioner or assistant director, or income-tax officer, as the case may be;5(c) such other income-tax authority, ministerial staff, executive orconsultant, as considered necessary by the board10(5) all communication among the assessment unit, review unit, verification unit or technical unit or with the assessee or any other person with respect to the information or documents or evidence or any other details, as may be necessary for the purposes of making a faceless assessment shall be through the national faceless assessment centre;15(6) all communications between the national faceless assessment centre and the assessee, or his authorised representative, or any other person shall be exchanged exclusively by electronic mode; and all internal communications between the national faceless assessment centre, regional faceless assessment centres and various units shall be exchanged exclusively by electronic mode:provided that the provisions of this sub-section shall not apply to the enquiry or verification conducted by the verification unit in the circumstances referred to in sub-clause (g) of clause (xii) of sub-section (7);20(7) for the purposes of faceless assessment—(i) an electronic record shall be authenticated by—(a) the national faceless assessment centre by affixing its digital signature;25(b) assessee or any other person, by affixing his digital signature ifhe is required to furnish his return of income under digital signature, and in any other case, by affixing his digital signature or under electronic verification code in the prescribed manner;(ii) every notice or order or any other electronic communication shall be delivered to the addressee, being the assessee, by way of—30(a) placing an authenticated copy thereof in the assessee's registeredaccount; or(b) sending an authenticated copy thereof to the registered emailaddress of the assessee or his authorised representative; or(c) uploading an authenticated copy on the assessee's mobile app,35and followed by a real time alert;(iii) every notice or order or any other electronic communication shall be delivered to the addressee, being any other person, by sending an authenticated copy thereof to the registered email address of such person, followed by a real time alert;40(iv) the assessee shall file his response to any notice or order or any otherelectronic communication, through his registered account, and once an acknowledgement is sent by the national faceless assessment centre containing the hash result generated upon successful submission of response, the response shall be deemed to be authenticated;45(v) the time and place of dispatch and receipt of electronic record shall bedetermined in accordance with the provisions of section 13 of the information technology act, 2000;(vi) a person shall not be required to appear either personally or through authorised representative in connection with any proceedings before the incometax authority at the national faceless assessment centre or regional faceless assessment centre or any unit set up under this sub-section;510(vii) in a case where a variation is proposed in the draft assessment order or final draft assessment order or revised draft assessment order, and an opportunity is provided to the assessee by serving a notice calling upon him to show cause as to why the assessment should not be completed as per the such draft or final draft or revised draft assessment order, the assessee or his authorised representative, as the case may be, may request for personal hearing so as to make his oral submissions or present his case before the income-tax authority in any unit;15(viii) the chief commissioner or the director general, in charge of the regional faceless assessment centre, under which the concerned unit is set up, may approve the request for personal hearing referred to in clause (vii) if he is of the opinion that the request is covered by the circumstances referred to in sub-clause (h) of clause (xii);20(ix) where the request for personal hearing has been approved by the chief commissioner or the director general, in charge of the regional faceless assessment centre, such hearing shall be conducted exclusively through video conferencing or video telephony, including use of any telecommunication application software which supports video conferencing or video telephony, in accordance with the procedure laid down by the board;25(x) subject to the proviso to sub-section (6), any examination or recording of the statement of the assessee or any other person (other than statement recorded in the course of survey under section 133a of the act) shall be conducted by an income-tax authority in any unit, exclusively through video conferencing or video telephony, including use of any telecommunication application software which supports video conferencing or video telephony in accordance with the procedure laid down by the board;30 35(xi) the board shall establish suitable facilities for video conferencing or video telephony including telecommunication application software which supports video conferencing or video telephony at such locations as may be necessary, so as to ensure that the assessee, or his authorised representative, or any other person is not denied the benefit of faceless assessment merely on the consideration that such assessee or his authorised representative, or any other person does not have access to video conferencing or video telephony at his end;(xii) the principal chief commissioner or the principal director general, in charge of the national faceless assessment centre shall, with the prior approval of the board, lay down the standards, procedures and processes for effective functioning of the national faceless assessment centre, regional faceless assessment centres and the unit setup, in an automated and mechanised environment, including format, mode, procedure and processes in respect of the following, namely:—(a) service of the notice, order or any other communication; (b) receipt of any information or documents from the person inresponse to the notice, order or any other communication;(c) issue of acknowledgment of the response furnished by the person; (d) provision of "e-proceeding" facility including login accountfacility, tracking status of assessment, display of relevant details, and facility of download;5(e) accessing, verification and authentication of information andresponse including documents submitted during the assessment proceedings;(f) receipt, storage and retrieval of information or documents in acentralised manner;(g) circumstances in which proviso to sub-section (6) shall apply;10(h) circumstances in which personal hearing referred to clause (viii)shall be approved;(i) general administration and grievance redressal mechanism in therespective centres and units15(8) notwithstanding anything contained in sub-section (1) or sub-section (2), the principal chief commissioner or the principal director general in charge of national faceless assessment centre may at any stage of the assessment, if considered necessary, transfer the case to the assessing officer having jurisdiction over such case, with the prior approval of the board20(9) notwithstanding anything contained in any other provision of this act, assessment made under sub-section (3) of section 143 or under section 144 in the cases referred to in sub-section (2) (other than the cases transferred under sub-section(8), on or after the 1st day of april, 2021, shall be non-est if such assessment is not made in accordance with the procedure laid down under this sectionexplanation—in this section, unless the context otherwise requires—25(a) "addressee" shall have the same meaning as assigned to it in clause (b) of sub-section (1) of section 2 of the information technology act, 2000;21 of 2000(b) "authorised representative" shall have the same meaning as assigned to it in sub-section (2) of section 288;30(c) "automated allocation system" means an algorithm for randomisedallocation of cases, by using suitable technological tools, including artificial intelligence and machine learning, with a view to optimise the use of resources;35(d) "automated examination tool" means an algorithm for standardisedexamination of draft orders, by using suitable technological tools, including artificial intelligence and machine learning, with a view to reduce the scope of discretion;21 of 2000(e) "computer resource" shall have the same meaning as assigned to it in clause (k) of sub-section (1) of section 2 of the information technology act, 2000;4021 of 2000(f) "computer system" shall have the same meaning as assigned to it in clause (l) of sub-section (1) of section 2 of the information technology act, 2000;(g) "computer resource of assessee" shall include assessee's registered account in designated portal of the income-tax department, the mobile app linked to the registered mobile number of the assessee, or the registered email address of the assessee with his email service provider;4521 of 2000(h) "digital signature" shall have the same meaning as assigned to it in clause (p) of sub-section (1) of section 2 of the information technology act, 2000;(i) "designated portal" means the web portal designated as such by the principal chief commissioner or principal director general, in charge of the national faceless assessment centre;(j) "dispute resolution panel" shall have the same meaning as assigned to it in clause (a) of sub-section (15) of section 144c;5(k) "faceless assessment" means the assessment proceedings conducted electronically in 'e-proceeding' facility through assessee's registered account in designated portal;10(l) "electronic record" shall have the same meaning as assigned to it in clause (t) of sub-section (1) of section 2 of the information technology act, 2000;21 of 2000(m) "eligible assessee" shall have the same meaning as assigned to in clause (b) of sub-section (15) of section 144c;15(n) "email" or "electronic mail" and "electronic mail message" means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message;2021 of 2000(o) "hash function" and "hash result" shall have the same meaning as assigned to them in the explanation to sub-section (2) of section 3 of the information technology act, 2000;(p) "mobile app" shall mean the application software of the income-tax department developed for mobile devices which is downloaded and installed on the registered mobile number of the assessee;2521 of 2000(q) "originator" shall have the same meaning as assigned to it in clause (za) of sub-section (1) of section 2 of the information technology act, 2000;30(r) "real time alert" means any communication sent to the assessee, by way of short messaging service on his registered mobile number, or by way of update on his mobile app, or by way of an email at his registered email address, so as to alert him regarding delivery of an electronic communication;(s) "registered account" of the assessee means the electronic filing account registered by the assessee in designated portal;35(t) "registered e-mail address" means the e-mail address at which an electronic communication may be delivered or transmitted to the addressee, including—(i) the email address available in the electronic filing account of the addressee registered in designated portal; or40(ii) the e-mail address available in the last income-tax return furnished by the addressee; or(iii) the e-mail address available in the permanent account number database relating to the addressee; or(iv) in the case of addressee being an individual who possesses the aadhaar number, the e-mail address of addressee available in the database of unique identification authority of india; or45(v) in the case of addressee being a company, the e-mail address of the company as available on the official website of ministry of corporate affairs; or(vi) any e-mail address made available by the addressee to the income-tax authority or any person authorised by such authority (u) "registered mobile number" of the assessee means the mobile number of the assessee, or his authorised representative, appearing in the user profile of the electronic filing account registered by the assessee in designated portal;5(v) "video conferencing or video telephony" means the technological solutions for the reception and transmission of audio-video signals by users at different locations, for communication between people in real-time (xxv) in section 144c, after sub-section (14a), the following sub-sections shall be inserted with effect from the 1st day of november, 2020, namely:—10"(14b) the central government may make a scheme, by notification in the official gazette, for the purposes of issuance of directions by the dispute resolution panel, so as to impart greater efficiency, transparency and accountability by—15(a) eliminating the interface between the dispute resolution paneland the eligible assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies ofscale and functional specialisation;20(c) introducing a mechanism with dynamic jurisdiction for issuanceof directions by dispute resolution panel25(14c) the central government may, for the purpose of giving effect to the scheme made under sub-section (14b), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202230(14d) every notification issued under sub-section (14b) and sub-section (14c) shall, as soon as may be after the notification is issued, be laid before each house of parliament"; (xxvi) after section 151, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—35faceless assessment of income escaping assessment"151a (1) the central government may make a scheme, by notification in the official gazette, for the purposes of assessment, reassessment or re-computation under section 147 or issuance of notice under section 148 or sanction for issue of such notice under section 151, so as to impart greater efficiency, transparency and accountability by—(a) eliminating the interface between the income-tax authority and the assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies ofscale and functional specialisation;(c) introducing a team-based assessment, reassessment,re-computation or issuance or sanction of notice with dynamic jurisdiction(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 2022(3) every notification issued under sub-section (1) and sub-section (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xxvii) after section 157, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—5faceless rectification, amendments and issuance of notice or intimation157a (1) the central government may make a scheme, by notification in the official gazette, for the purposes of rectification of any mistake apparent from record under section 154 or other amendments under section 155 or issue of notice of demand under section 156, or intimation of loss under section 157, so as to impart greater efficiency, transparency and accountability by—10(a) eliminating the interface between the income-tax authority and the assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies of scale and functional specialisation;15(c) introducing a team-based rectification of mistakes, amendment of orders, issuance of notice of demand or intimation of loss, with dynamic jurisdiction(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:20provided that no direction shall be issued after the 31st day of march, 2022 (3) every notification issued under sub-section (1) and sub-section (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xxviii) in section 196d, after sub-section (1), the following sub-section shall be inserted with effect from the 1st day of november, 2020, namely:—25 30"(1a) where any income in respect of securities referred to in clause (a) of sub-section (1) of section 115ad, not being income by way of interest referred to in section 194ld, is payable to a specified fund [referred to in clause (c) of the explanation to clause (4d) of section 10], the person responsible for making the payment shall, at the time of credit of such income to the account of the payee, or at the time of payment thereof by any mode, whichever is earlier, deduct the income-tax thereon at the rate of ten per cent:provided that no deduction shall be made in respect of an income exempt under clause (4d) of section 10";35(xxix) after section 197a, the following section shall be inserted and shall be deemed to have been inserted with effect from the 14th day of may, 2020, namely:—40lower deduction in certain cases for a limited period"197b in case the provisions of sections 193, 194, 194a, 194c, 194d,194da,194ee, 194f, 194g, 194h, 194-i,194-ia, 194-ib, 194-ic, 194j, 194k,194la, sub-section (1) of section 194lba, clause (i) of section 194lbb, sub-section (1)of section 194lbc, sections 194m and 194-o require deduction of tax at source during the period commencing from the 14th day of may, 2020 to the 31st day of march, 2021, then notwithstanding anything contained in these sections the deduction of tax shall be made at the rate being the three-fourth of the rate specified in these sections";45(xxx) in section 206c, after sub-section (10), the following sub-section shall be inserted and shall be deemed to have been inserted with effect from the 14th day of may, 2020, namely:—"(10a) in case the provisions of sub-sections (1) [except the goods referred5at serial number (i) in the table], (1c), (1f) or (1h) require collection of tax at source during the period commencing from the 14th day of may, 2020 to the 31st day of march, 2021, then notwithstanding anything contained in these sub-sections the collection of tax shall be made at the rate being the three-fourth of the rate specified in these sub-sections";(xxxi) after section 230, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—10faceless collection and recovery of tax15 20"231 (1) the central government may make a scheme, by notification in the official gazette, for the purposes of issuance of certificate for deduction of income-tax at any lower rates or no deduction of income-tax under section 197, or deeming a person to be an assessee in default under sub-section (1) of section 201 or sub-section (6a) of section 206c, issuance of certificate for lower collection of tax under sub-section (9) of section 206c or passing of order or amended order under sub-section (3) or sub-section (4) of section 210, or reduction or waiver of the amount of interest paid or payable by an assessee under sub-section (2a), or extending the time for payment or allowing payment by instalment under sub-section (3), or treating the assessee as not being in default under sub-section (6) or sub-section (7) of section 220, or levy of penalty under section 221, or drawing of certificate by the tax recovery officer under section 222, or jurisdiction of tax recovery officer under section 223, or stay of proceedings in pursuance of certificate and amendment or cancellation thereof by the tax recovery officer under section 225, or other modes of recovery under section 226 or issuance of tax clearance certificate under section 230 so as to impart greater efficiency, transparency and accountability by—25(a) eliminating the interface between the income-tax authority andthe assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies ofscale and functional specialisation;3035(c) introducing a team-based issuance of certificate for deduction or collection of income-tax at lower rate, or for no deduction, or for deeming a person to be an assessee in default, or for passing of an order or amended order, or extending the time for payment,or allowing payment by instalment, or reduction or waiver of interest, or for treating the assessee as not being in default, or for levy of penalty or for drawing of certificate or stay of proceedings in pursuance of certificate and amendment or cancellation thereof, by, or jurisdiction of, tax recovery officer or other modes of recovery or issuance of tax clearance certificate, with dynamic jurisdiction40(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 2022 (3) every notification issued under sub-section (1) and sub-section (2) shall, as soon as may be after the notification is issued, be laid before each house of parliament";45(xxxii) in section 253,— (a) in sub-section (1), in clause (c),—50(i) for the words, figures and letters "under section 12aa or section12ab", the words, figures and letters "under section 12aa" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of june, 2020;(ii) for the words, figures and letters "under section 12aa" the words, figures and letters "under section 12aa or section 12ab" shall be substituted with effect from the 1st day of april, 2021;5(b) after sub-section (7), the following sub-sections shall be inserted with effect from the 1st day of november, 2020, namely:—"(8) the central government may make a scheme, by notification in the official gazette, for the purposes of appeal to the appellate tribunal under sub-section (2), so as to impart greater efficiency, transparency and accountability by—10(a) optimising utilisation of the resources through economies of scale and functional specialisation;(b) introducing a team-based mechanism for appeal to the appellate tribunal, with dynamic jurisdiction 15(9) the central government may, for the purpose of giving effect to the scheme made under sub-section (8), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202220(10) every notification issued under sub-section (8) and sub-section (9) shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xxxiii) in section 263, in sub-section (1), in explanation 1, in clause (b), and in explanation 2, after the words "the principal", the words "chief commissioner or chief commissioner or principal" shall be inserted with effect from the 1st day of november, 2020;25(xxxiv) in section 264, in sub-section (1), in sub-section (2), in proviso to sub-section (3), in sub-section (4), in explanation 1 and in explanation 2, after the words "the principal", the words "chief commissioner or chief commissioner or principal" shall be inserted with effect from the 1st day of november, 2020;30(xxxv) after section 264, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—faceless revision of orders"264a (1) the central government may make a scheme, by notification in the official gazette, for the purposes of revision of orders under section 263 or section 264, so as to impart greater efficiency, transparency and accountability by—35(a) eliminating the interface between the income-tax authority and the assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies of scale and functional specialisation;(c) introducing a team-based revision of orders, with dynamic jurisdiction40(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202245(3) every notification issued under sub-section (1) and sub-section (2)shall, as soon as may be after the notification is issued, be laid before each house of parliament5faceless effect of orders264b (1) the central government may make a scheme, by notification inthe official gazette, for the purposes of giving effect to an order under section 250, 254, 260, 262, 263 or 264, so as to impart greater efficiency, transparency and accountability by—(a) eliminating the interface between the income-tax authority and the assessee or any other person to the extent technologically feasible;10(b) optimising utilisation of the resources through economies of scale andfunctional specialisation;(c) introducing a team-based giving of effect to orders, with dynamic jurisdiction15(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202220(3) every notification issued under sub-section (1) and sub-section (2)shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xxxvi) section 271k shall be omitted and shall be deemed to have been omitted with effect from the 1st day of june, 2020;25(xxxvii) after section 271j, the following section shall be inserted with effect from the 1st day of april, 2021, namely:—"271k without prejudice to the provisions of this act, the assessing officer may direct that a sum not less than ten thousand rupees but which may extend to one lakh rupees shall be paid by way of penalty by—penalty for failure to furnish statements, etc30(i) the research association, university, college or other institutionreferred to in clause (ii) or clause (iii) or the company referred to inclause (iia), of sub-section (1) of section 35, if it fails to deliver or cause to be delivered a statement within the time prescribed under clause (i), orfurnish a certificate prescribed under clause (ii) of sub-section (1a) of thatsection; or35(ii) the institution or fund, if it fails to deliver or cause to be delivereda statement within the time prescribed under clause (viii) ofsub-section (5) of section 80g, or furnish a certificate prescribed under clause (ix) of the said sub-section";40(xxxviii) in section 274, in sub-section (2a), in clause (a), for the words"assessing officer and the assessee in the course of proceedings", the words "income-tax authority and the assessee or any other person" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of april, 2020;45(xxxix) in section 279, after sub-section (3), the following sub-sections shall be inserted with effect from the 1st day of november, 2020, namely:—"(4) the central government may make a scheme, by notification in the official gazette, for the purposes of granting sanction under sub-section (1) or compounding under sub-section (2), so as to impart greater efficiency, transparency and accountability by—45(a) eliminating the interface between the income-tax authority andthe assessee or any other person to the extent technologically feasible;(b) optimising utilisation of the resources through economies of scale and functional specialisation;(c) introducing a team-based sanction to proceed against, or for compounding, an offence, with dynamic jurisdiction5(5) the central government may, for the purpose of giving effect to the scheme made under sub-section (4), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202210(6) every notification issued under sub-section (4) and sub-section (5) shall, as soon as may be after the notification is issued, be laid before each house of parliament";(xxxx) after section 293c of the income-tax act, the following section shall be inserted with effect from the 1st day of november, 2020, namely:—15faceless approval or registration"293d (1) the central government may make a scheme, by notification in the official gazette, for the purposes of granting approval or registration, as the case may be, by income-tax authority under any provision of the act, so as to impart greater efficiency, transparency and accountability by—(a) eliminating the interface between the income-tax authorities and the assessee or any other person to the extent technologically feasible;20(b) optimising utilisation of the resources through economies of scale and functional specialisation;(c) introducing a team-based grant of approval or registration, with dynamic jurisdiction25(2) the central government may, for the purpose of giving effect to the scheme made under sub-section (1), by notification in the official gazette, direct that any of the provisions of this act shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 202230(3) every notification issued under sub-section (1) and sub-section (2)shall, as soon as may be after the notification is issued, be laid before each house of parliament" chapter iv amendments to the direct tax vivad se vishwas act5 in section 3 of the direct tax vivad se vishwas act, 2020,—35amendment of section 3 of act 3 of 2020(a) in the opening portion, for the words, "under the provisions of this act on or before the last date" the words "under the provisions of this act on or before such date as may be notified" shall be substituted and shall be deemed to have been substituted;(b) in the table,—40(i) in third column, in the heading, for the figures, letters and words"31st day of march, 2020", the figures, letters and words "31st day of december, 2020 or such later date as may be notified" shall be substituted and shall be deemed to have been substituted;45(ii) in fourth column, in the heading, for the figures, letters and words"1st day of april, 2020", the figures, letters and words "1st day of january, 2021 or such later date as may be notified" shall be substituted and shall be deemed to have been substituted; chapter v relaxation of time limit under certain indirect tax laws1 of 1944 52 of 1962 51 of 1975 32 of 1994 12 of 20175106 notwithstanding anything contained in the central excise act, 1944, the customs act, 1962 (except sections 30, 30a, 41, 41a, 46 and 47), the customs tariff act, 1975 or chapter v of the finance act,1994, as it stood prior to its omission vide section 173 of the central goods and service tax act, 2017 with effect from the 1st day of july, 2017, the time limit specified in, or prescribed or notified under, the said acts which falls during the period from the 20th day of march, 2020 to the 29th day of september, 2020 or such other date after the 29th day of september, 2020 as the central government may, by notification, specify, for the completion or compliance of such action as—relaxation of time limit under central excise act, 1944, customs act,1962, customs tariff act, 1975 and finance act, 1994(a) completion of any proceeding or issuance of any order, notice, intimation, notification or sanction or approval, by whatever name called, by any authority, commission, tribunal, by whatever name called; or15(b) filing of any appeal, reply or application or furnishing of any report, document, return or statement, by whatever name called, shall, notwithstanding that completion or compliance of such action has not been made within such time, stand extended to the 30th day of september, 2020 or such other date after 30th day of september, 2020 as the central government may, by notification, specify in this behalf:20provided that the central government may specify different dates for completion or compliance of different actions under clause (a) or clause (b) chapter vi amendment to the central goods and services tax act, 20177 after section 168 of the central goods and services tax act, 2017, the following section shall be inserted, namely:—25insertion of new section 168a in act 12 of 2017'168a (1) notwithstanding anything contained in this act, the government may, on the recommendations of the council, by notification, extend the time limit specified in, or prescribed or notified under, this act in respect of actions which cannot be completed of complied with due to force majeurepower of government to extend time limit inspecialcircumstances30(2) the power to issue notification under sub-section (1) shall include the power to give retrospective effect to such notification from a date not earlier than the date of commencement of this act35explanation—for the purposes of this section, the expression "force majeure"means a case of war, epidemic, flood, drought, fire, cyclone, earthquake or any other calamity caused by nature or otherwise affecting the implementation of any of the provisions of this act' chapter vii amendment to the finance (no 2) act, 20198 in section 127 of the finance (no2) act, 2019,—40amendment of section 127 of act 23 of 2019(i) in sub-section (1), for the words "within a period of sixty days from the date of receipt of the said declaration", the words, figures and letters "on or before 31st day of may, 2020" shall be substituted;45(ii) in sub-section (2), for the words "within thirty days of the date of receipt of the declaration", the words, figures and letters "on or before the 1st day of may, 2020" shall be substituted;(iii) in sub-section (4), for the words "within a period of sixty days from the date of receipt of the declaration", the words, figures and letters "on or before the 31st day of may, 2020" shall be substituted;5(iv) in sub-section (5), for the words "within a period of thirty days from the date of issue of such statement", the words, figures and letters "on or before the 30th day of june, 2020" shall be substituted chapter viii amendment to the finance act, 20209 in the finance act, 2020, in section 2, with effect from the 1st day of april, 2020,—amendment of act 12 of 2020(i) in sub-section (6),—10(a) in clause (a), for the words "being a non-resident", the words"being a non-resident, except in case of deduction on income by way of dividend under section 196d of the income-tax act" shall be substituted and shall be deemed to have been substituted;(b) after clause (a), the following clause shall be inserted and shall be deemed to have been inserted, namely:—15 20"(aa) in the case of every individual or hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, being a non-resident, in case of deduction on income by way of dividend under section 196d of that act, calculated,—25(i) at the rate of ten per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds fifty lakh rupees but does not exceed one crore rupees;(ii) at the rate of fifteen per cent of such tax, where the income or the aggregate of such incomes paid or likely to be paid and subject to the deduction exceeds one crore rupees;";(ii) in sub-section (9), in the third proviso, in clause (aa),—30(a) in sub-clause (iii), for the words "excluding the income", the words "excluding the income by way of dividend or income" shall be substituted and shall be deemed to have been substituted;35(b) in sub-clause (iv), for the words "excluding the income", the words "excluding the income by way of dividend or income" shall be substituted and shall be deemed to have been substituted;(c) in sub-clause (v), for the words "including the income", the words "including the income by way of dividend or income" shall be substituted and shall be deemed to have been substituted;40(d) in the proviso, for the words "any income", the words "any income by way of dividend or income" shall be substituted and shall be deemed to have been substitutedpower to remove difficulties10 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty:45provided that no such order shall be made after the expiry of a period of two years from the end of the month in which this act has received the assent of the president(2) every order made under this section shall be laid before each house of parliament 11 (1) the taxation and other laws (relaxation of certain provisions)ordinance, 2020 is hereby repealedrepeal and savingsord 2 of 20205(2) notwithstanding such repeal, anything done, any notification issued or any action taken under the said ordinance, shall be deemed to have been done, issued or taken under the corresponding provisions of this act statement of objects and reasonsthe outbreak of novel corona virus (covid-19) pandemic across many countries of the world, including india, has caused immense loss to lives of people and given rise to unprecedented humanitarian and economic crisis in the country due to vagaries of pandemic, a national lockdown was imposed which had to be further extended due to very rapid spread of pandemic, social distancing had to be ensured immediately to prevent society at large from its disastrous consequences this necessitated ease of compliance under certain tax and other laws2 as parliament was not in session and in view of the urgency, the taxation and other laws (relaxation of certain provisions) ordinance, 2020 (ord 2 of 2020) was promulgated on the 31st day of march, 2020 which, inter alia, relaxed certain provisions of the specified acts relating to direct taxes, indirect taxes and prohibition of benami property transactions further, certain notifications were also issued under the said ordinance3 in view of stakeholders' representations received after enactment of the finance act, 2020, and due to need for further rationalisation of some provisions of certain acts, further amendments are considered necessary to be incorporated in the proposed bill replacing the ordinance4 the taxation and other laws (relaxation and amendment of certain provisions)bill, 2020 which seeks to replace the said ordinance, inter alia, provides for extension of various time limits for completion or compliance of actions under the specified acts and reduction in interest, waiver of penalty and prosecution for delay in payment of certain taxes or levies during the specified period5 further, the bill proposes amendments to the income-tax act, 1961 which , inter alia, include providing of tax incentive for category-iii alternative investment funds located in the international financial services centre (ifsc) to encourage relocation of foreign funds to the ifsc, deferment of new procedure of registration and approval of certain entities introduced through the finance act, 2020, providing for deduction for donation made to the prime minister's citizen assistance and relief in emergency situations fund (pm cares fund) and exemption to its income, incorporation of faceless assessment scheme, 2019 therein, empowering the central government to notify schemes for faceless processes under certain provisions by eliminating physical interface to the extent technologically feasible and to provide deduction or collection at source in respect of certain transactions at threefourth's rate for the period from 14th may, 2020 to 31st march, 20216 the bill also proposes to amend the direct tax vivad se viswas act, 2020 to extend the date for payment without additional amount to 31st december, 2020 and to empower the central government to notify certain dates relating to filing of declaration and making of payment7 the finance act, 2020 is also proposed to be amended to clarify regarding capping of surcharge at 15 per cent on dividend income of the foreign portfolio investor8 the bill also proposes to empower the central government to remove any difficulty up to a period of two years and provide for repeal and savings of the taxation and other laws (relaxation of certain provisions) ordinance, 20209 the bill seeks to achieve the aforesaid objectivesnew delhi;nirmala sitharamanthe 11th september, 2020 financial memorandumthis bill seeks to replace the taxation and other laws (relaxation of certain provisions)ordinance, 2020 and further to amend the income-tax act, 1961, the central goods and services tax act, 2017, the finance (no2) act, 2019, the direct tax vivad se vishwas act, 2020 and the finance act, 2020 which are administered by the department of revenue through two boards, namely, the central board of direct taxes and the central board of indirect taxes thus, no additional expenditure is contemplated on the enactment of the bill memorandum regarding delegated legislationclause 4 of the bill seeks to amend certain provisions relating to income-tax act, 1961 the proposed amendment to clause (4d) of section 10 provides for calculation of income of non-resident in the prescribed mannerthe proposed amendment of the clause (23c) of section 10 empowers the board to prescribed form and manner for application for approval to funds or trust or institution or any university or other educational institutions or any hospital or other medical institutionsthe proposed insertion of new section 12ab relating to procedure for fresh registration empowers the board to provide by rules the form and the manner in which the order under the said sub-section shall be passedthe proposed amendment to section 35 seeks to insert new proviso to subsection (1) which empowers the board to provide by rules the form and manner of giving intimation by the research association, university, college or company, to the prescribed authoritythe proposed amendment to sub-section (5) of section 80g empowers the board to provide by rules the statement, time period, form and manner of verification, particulars and time for delivery of correction statement for rectification of any mistake in the information furnished in the said statement it further proposes to empower the board to make rules with regard to the manner, particulars and time for certificate of donationthe proposed insertion of sub-section (1a) in section 115ad provides for calculation of income that is attributable to units held by non-resident in the prescribed mannerthe 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 delegatio of legislative power is, therefore, of a normal character annexure extracts from the income-tax act, 1961 (43 of 1961) 6 for the purposes of this act,—residence in india(1) an individual is said to be resident in india in any previous year, if he— (c) having within the four years preceding that year been in india for a period or periods amounting in all to three hundred and sixty-five days or more, is in india fora period or periods amounting in all to sixty days or more in that yearexplanation 1—in the case of an individual,— (b) being a citizen of india, or a person of indian origin within the meaning of explanation to clause (e) of section 115c, who, being outside india, comes on a visit to india in any previous year, the provisions of sub-clause (c) shall apply in relation to that year as if for the words "sixty days", occurring therein, the words "one hundred and eighty-two days" had been substituted and in case of the citizen or person of indian origin having total income, other than the income from foreign sources, exceeding fifteen lakh rupees during the previous year, for the words "sixty days" occurring therein, the words "one hundred and twenty days" had been substituted (1a) notwithstanding anything contained in clause (1), an individual, being a citizen of india, having total income, other than the income from foreign sources, exceeding fifteen lakh rupees during the previous year shall be deemed to be resident in india in that previous year, if he is not liable to tax in any other country or territory by reason of his domicile or residence or any other criteria of similar nature (6) a person is said to be "not ordinarily resident" in india in any previous year if such person is—(a) an individual who has been a non-resident in india in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in india for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less; or(b) a hindu undivided family whose manager has been a nonresident in india in nine out of the ten previous years preceding that year, or has during the seven previous years preceding that year been in india for a period of, or periods amounting in all to, seven hundred and twenty-nine days or less; or(c) a citizen of india, or a person of indian origin, having total income, other than the income from foreign sources, exceeding fifteen lakh rupees during the previous year, as referred to in clause (b) of explanation 1 to clause (1), who has been in india for a period or periods amounting in all to one hundred and twenty days or more but less than one hundred and eighty-two days; or(d) a citizen of india who is deemed to be resident in india under clause (1a)explanation—for the purposes of this section, the expression "income from foreign sources" means income which accrues or arises outside india (except income derived from a business controlled in or a profession set up in india) 10 in computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included—incomes not included in total income(4d) any income accrued or arisen to, or received by a specified fund as a result of transfer of capital asset referred to in clause (viiab) of section 47, on a recognised stock exchange located in any international financial services centre and where the consideration for such transaction is paid or payable in convertible foreign exchange, to the extent such income accrued or arisen to, or is received in respect of units held by a non-resident explanation—for the purposes of this clause, the expression—(42 of 1999)(a) "convertible foreign exchange" means foreign exchange which is for the time being treated by the reserve bank of india as convertible foreign exchange for the purposes of the foreign exchange management act, 1999 and the rules made thereunder;(15 of 1992)(b) "manager" shall have the meaning assigned to it in clause (q) of sub-regulation (1) of regulation 2 of the securities and exchange board of india (alternative investment fund) regulations, 2012, made under the securities and exchange board of india act, 1992; (23c) any income received by any person on behalf of,—(i) the prime minister's national relief fund; or (23fe) any income of a specified person in the nature of dividend, interest or longterm capital gains arising from an investment made by it in india, whether in the form of debt or share capital or unit, if the investment— explanation—for the purposes of this clause, "specified person" means—(a) a wholly owned subsidiary of the abu dhabi investment authority which—(i) is a resident of the united arab emirates; and (ii) makes investment, directly or indirectly, out of the fund owned by the government of the united arab emirates; (b) a sovereign wealth fund which satisfies the following conditions, namely:—(i) it is wholly owned and controlled, directly or indirectly, by the government of a foreign country;(ii) it is set up and regulated under the law of such foreign country; (iii) the earnings of the said fund are credited either to the account of the government of that foreign country or to any other account designated by that government so that no portion of the earnings inures any benefit to any private person;(iv) the asset of the said fund vests in the government of such foreign country upon dissolution;(v) it does not undertake any commercial activity whether within or outside india; and(vi) it is specified by the central government, by notification in the official gazette, for this purpose; (c) a pension fund, which—(i) is created or established under the law of a foreign country including the laws made by any of its political constituents being a province, state or local body, by whatever name called;(ii) is not liable to tax in such foreign country; (iii) satisfies such other conditions as may be prescribed; and (iv) is specified by the central government, by notification in the official gazette, for this purpose; 13_(1)_ nothing contained in section 11 or section 12 shall operate so as to exclude from the total income of the previous year of the person in receipt thereof--section 11 not to apply in certain cases explanation 1—for the purposes of sections 11, 12, 12a and this section, "trust"includes any other legal obligation and for the purposes of this section "relative", in relation to an individual, means—expenditure on eligible projects or schemes 35ac (1) (4) where an association or institution is approved by the national committee under sub-section (1), and subsequently—(i) that committee is satisfied that the project or the scheme is not being carried on in accordance with all or any of the conditions subject to which approval was granted; or(ii) such association or institution, to which approval has been granted, has not furnished to the national committee, after the end of each financial year, a report in such form and setting forth such particulars and within such time as may be prescribed, the national committee may, at any time, after giving a reasonable opportunity of showing cause against the proposed withdrawal to the concerned association or institution, withdraw the approval:provided that a copy of the order withdrawing the approval shall be forwarded by the national committee to the assessing officer having jurisdiction over the concerned association or institution(5) where any project or scheme has been notified as an eligible project or scheme under clause (b) of the explanation, and subsequently—(i) the national committee is satisfied that the project or the scheme is not being carried on in accordance with all or any of the conditions subject to which such project or scheme was notified; or(ii) a report in respect of such eligible project or scheme has not been furnished after the end of each financial year, in such form and setting forth such particulars and within such time as may be prescribed, such notification may be withdrawn in the same manner in which it was issued:provided that a reasonable opportunity of showing cause against the proposed withdrawal shall be given by the national committee to the concerned association, institution, public sector company or local authority, as the case may be: (6) notwithstanding anything contained in any other provision of this act, where—(i) the approval of the national committee, granted to an association or institution, is withdrawn under sub-section (4) or the notification in respect of eligible project or scheme is withdrawn in the case of a public sector company or local authority or an association or institution under sub-section (5); or(ii) a company has claimed deduction under the proviso to sub-section (1) in respect of any expenditure incurred directly on the eligible project or scheme and the approval for such project or scheme is withdrawn by the national committee under sub-section (5),80g (1) (2) the sums referred to in sub-section (1) shall be the following, namely:—(a) any sums paid by the assessee in the previous year as donations to—deduction in respect of donations to certain funds, charitable institutions, etc (iiia) the prime minister's national relief fund; or115ad (1) where the total income of a foreign institutional investor includes—(a) income other than income by way of dividends referred to in section 115-oreceived in respect of securities (other than units referred to in section 115ab); or(b) income by way of short-term or long-term capital gains arising from the transfer of such securities, tax on income of foreign institutional investors from securities or capital gains arising from their transferthe income-tax payable shall be the aggregate of—(i) the amount of income-tax calculated on the income in respect of securities referred to in clause (a), if any, included in the total income, at the rate of twenty per cent:provided that the amount of income-tax calculated on the income by way of interest referred to in section 194ld shall be at the rate of five per cent;(iv) the amount of income-tax with which the foreign institutional investor would have been chargeable had its total income been reduced by the amount of income referred to in clause (a) and clause (b) (2) where the gross total income of the foreign institutional investor—(a) consists only of income in respect of securities referred to in clause (a) of sub-section (1), no deduction shall be allowed to it under sections 28 to 44c or clause (i) or clause (iii) of section 57 or under chapter vi-a;(b) includes any income referred to in clause (a) or clause (b) of subsection (1), the gross total income shall be reduced by the amount of such income and the deduction under chapter vi-a shall be allowed as if the gross total income as so reduced, were the gross total income of the foreign institutional investor (3) nothing contained in the first and second provisos to section 48 shall apply for the computation of capital gains arising out of the transfer of securities referred to in clause (b) of sub-section (1)explanation—for the purposes of this section,—(a) the expression "foreign institutional investor" means such investor as the central government may, by notification in the official gazette, specify in this behalf;(b) the expression "securities" shall have the meaning assigned to it in clause (h)of section 2 of the securities contracts (regulation) act, 1956 (42 of 1956)power of survey 133a (1) (6) if a person under this section is required to afford facility to the income-tax authority to inspect books of account or other documents or to check or verify any cash, stock or other valuable article or thing or to furnish any information or to have his statement recorded either refuses or evades to do so, the income-tax authority shall have all the powers under subsection (1) of section 131 for enforcing compliance with the requirement made:provided that—(a) in a case where the information has been received from such authority, as may be prescribed, no action under sub-section (1) shall be taken by an assistant director or a deputy director or an assessing officer or a tax recovery officer or an inspector of income-tax without obtaining the approval of the joint director or the joint commissioner, as the case may be;(b) in any other case, no action under sub-section (1) shall be taken by a joint director or a joint commissioner or an assistant director or a deputy director or an assessing officer or a tax recovery officer or an inspector of income-tax without obtaining the approval of the director or the commissioner, as the case may be explanation—in this section,—(a) "income-tax authority" means a principal commissioner or commissioner, a joint commissioner, a principal director or director, a joint director, an assistant director or a deputy director or an assessing officer, or a tax recovery officer, and for the purposes of clause (i) of sub-section (1), clause (i) of sub-section (3) and sub-section (5), includes an inspector of income-tax;power to call for information by prescribed income-tax authority 133c(1) (2) where any information or document has been received in response to a notice issued under sub-section (1), the prescribed income-tax authority may process such information or document and make available the outcome of such processing to the assessing officer(3) the board may make a scheme for centralised issuance of notice and for processing of information or documents and making available the outcome of the processing to the assessing officerexplanation—in this section, the term "proceeding" shall have the meaning assigned to it in clause (b) of the explanation to section 133aassessment 143(1) (3b) the central government may, for the purpose of giving effect to the scheme made under sub-section (3a), by notification in the official gazette, direct that any of the provisions of this act relating to assessment of total income or loss shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification:provided that no direction shall be issued after the 31st day of march, 2022(3c) every notification issued under sub-section (3a) and sub-section (3b) shall, as soon as may be after the notification is issued, be laid before each house of parliamentrevision of orders prejudicial to revenue 263 (1) the principal commissioner or commissioner may call for and examine the record of any proceeding under this act, and if he considers that any order passed therein by the assessing officer is erroneous in so far as it is prejudicial to the interests of the revenue, he may, after giving the assessee an opportunity of being heard and after making or causing to be made such inquiry as he deems necessary, pass such order thereon as the circumstances of the case justify, including an order enhancing or modifying the assessment, or cancelling the assessment and directing a fresh assessmentexplanation 1— for the removal of doubts, it is hereby declared that, for the purposes of this sub-section,— (b) "record" shall include and shall be deemed always to have included all records relating to any proceeding under this act available at the time of examination by the principal commissioner or commissioner; explanation 2—for the purposes of this section, it is hereby declared that an order passed by the assessing officer shall be deemed to be erroneous in so far as it is prejudicial to the interests of the revenue, if, in the opinion of the principal commissioner or commissioner,—(a) the order is passed without making inquiries or verification which should have been made;(b) the order is passed allowing any relief without inquiring into the claim; (c) the order has not been made in accordance with any order, direction or instruction issued by the board under section 119; or(d) the order has not been passed in accordance with any decision which is prejudicial to the assessee, rendered by the jurisdictional high court or supreme court in the case of the assessee or any other person [10] m crevision of other orders264 (1) in the case of any order other than an order to which section 263 applies passed by an authority subordinate to him, the principal commissioner or commissioner may, either of his own motion or on an application by the assessee for revision, call for the record of any proceeding under this act in which any such order has been passed and may make such inquiry or cause such inquiry to be made and, subject to the provisions of this act, may pass such order thereon, not being an order prejudicial to the assessee, as he thinks fit(2) the principal commissioner or commissioner shall not of his own motion revise any order under this section if the order has been made more than one year previously(3) in the case of an application for revision under this section by the assessee, the application must be made within one year from the date on which the order in question was communicated to him or the date on which he otherwise came to know of it, whichever is earlier:provided that the principal commissioner or commissioner may, if he is satisfied that the assessee was prevented by sufficient cause from making the application within that period, admit an application made after the expiry of that period(4) the principal commissioner or commissioner shall not revise any order under this section in the following cases—(a) where an appeal against the order lies to the deputy commissioner (appeals)or to the commissioner (appeals) or to the appellate tribunal but has not been made and the time within which such appeal may be made has not expired, or, in the case of an appeal to the commissioner (appeals) or to the appellate tribunal, the assessee has not waived his right of appeal; or(b) where the order is pending on an appeal before the deputy commissioner(appeals); or(c) where the order has been made the subject of an appeal to the commissioner(appeals) or to the appellate tribunal (5) every application by an assessee for revision under this section shall be accompanied by a fee of five hundred rupees(6) on every application by an assessee for revision under this sub-section, made on or after the 1st day of october, 1998, an order shall be passed within one year from the end of the financial year in which such application is made by the assessee for revisionexplanation—in computing the period of limitation for the purposes of this sub-section, the time taken in giving an opportunity to the assessee to be re-heard under the proviso to section 129 and any period during which any proceeding under this section is stayed by an order or injunction of any court shall be excluded(7) notwithstanding anything contained in sub-section (6), an order in revision under sub-section (6) may be passed at any time in consequence of or to give effect to any finding or direction contained in an order of the appellate tribunal, national tax tribunal, the high court or the supreme courtexplanation 1—an order by the principal commissioner or commissioner declining to interfere shall, for the purposes of this section, be deemed not to be an order prejudicial to the assesseeexplanation 2— for the purposes of this section, the deputy commissioner (appeals)shall be deemed to be an authority subordinate to the principal commissioner or commissionerprocedure 274 (1) (2a) the central government may make a scheme, by notification in the official gazette, for the purposes of imposing penalty under this chapter so as to impart greater efficiency, transparency and accountability by—(a) eliminating the interface between the assessing officer and the assessee in the course of proceedings to the extent technologically feasible; extract from the direct tax vivad se vishwas act, 2020 (3 of 2020)amount payable by 3 subject to the provisions of this act, where a declarant files under the provisions of this act on or before thissue of statement by designated committeee last date, a declaration to the designated authority in accordance with the provisions of section 4 in respect of tax arrear, then, notwithstanding anything contained in the income-tax act or any other law for the time being in force, the amount payable by the declarant under this act shall be as under, namely:—| sl no | nature of tax arrear ||---------------------------|---------------------------|| this act on or before the | this act on or 1st day of || 31st day of march, 2020 | april, 2020 but on or || before the last date | | extract from the finance (no 2) act, 2019 (23 of 2019)issue of statement by designated committee127 (1) where the amount estimated to be payable by the declarant, as estimated by the designated committee, equals the amount declared by the declarant, then, the designated committee shall issue in electronic form, a statement, indicating the amount payable by the declarant, within a period of sixty days from the date of receipt of the said declaration(2) where the amount estimated to be payable by the declarant, as estimated by the designated committee, exceeds the amount declared by the declarant, then, the designated committee shall issue in electronic form, an estimate of the amount payable by the declarant within thirty days of the date of receipt of the declaration (4) after hearing the declarant, a statement in electronic form indicating the amount payable by the declarant, shall be issued within a period of sixty days from the date of receipt of the declaration(5) the declarant shall pay electronically through internet banking, the amount payable as indicated in the statement issued by the designated committee, within a period of thirty days from the date of issue of such statement extracts from the finance act, 2020 (12 of 2020)income-tax 2 (1) (6) in cases in which tax has to be deducted under sections 192a, 194, 194c, 194da,194e, 194ee, 194f, 194g, 194h, 194-i, 194-ia, 194-ib, 194-ic, 194j, 194la, 194lb, 194lba, 194lbb, 194l8c, 194lc, 194ld, 194k, 194m, 194n, 194-0, 196a, 196b, 196c and 196d of the income-tax act, the deductions shall be made at the rates specified in those sections and shall be increased by a surcharge, for the purposes of the union,—(a) in the case of every individual or hindu undivided family or association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, being a non-resident, calculated,— (9) subject to the provisions of sub-section (10), in cases in which income-tax has to be charged under sub-section (4) of section 172 or sub-section (2) of section 174 or section 174a or section 175 or sub-section (2) of section 176 of the income-tax act or deducted from, or paid on, income chargeable under the head "salaries" under section 192 of the said act or in which the "advance tax" payable under chapter xvii-c of the said act has to be computed at the rate or rates in force, such income-tax or, as the case may be, "advance tax" shall be charged, deducted or computed at the rate or rates specified in part iii of the first schedule and such tax shall be increased by a surcharge, for the purposes of the union, calculated in such cases and in such manner as provided therein: provided also that in respect of any income chargeable to tax under section 115a,115ab, 115ac, 115aca, 115ad, 115b, 115ba, 115bb, 115bba, 115bbc, 115bbd, 115bbda, 115bbf, 115bbg, 115e, 115jb or 115jc of the income-tax act, "advance tax" computed under the first proviso shall be increased by a surcharge, for the purposes of the union, calculated,— (aa) in the case of individual or every association of persons or body of individuals, whether incorporated or not, or every artificial juridical person referred to in sub-clause (vii) of clause (31) of section 2 of the income-tax act, having income under section 115ad of the income-tax act,— (iii) at the rate of twenty-five per cent of such "advance tax", where the total income [excluding the income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeds two crore rupees but does not exceed five crore rupees;(iv) at the rate of thirty-seven per cent of such "advance tax", where the total income [excluding the income of the nature referred to in clause (b) of subsection (1) of section 115ad of the income-tax act] exceeds five crore rupees;(v) at the rate of fifteen per cent of such "advance tax", where the total income [including the income of the nature referred to in clause (b) of sub-section (1) of section 115ad of the income-tax act] exceeds two crore rupees but is not covered in sub-clauses (iii) and (iv):provided that in case where the total income includes any income chargeable under clause (b) of sub-section (1) of section 115ad of the income-tax act, the rate of surcharge on the advance tax calculated on that part of income shall not exceed fifteen per cent; 9 in section 11 of the income-tax act,—amendment of section 11(i) in sub-section (1), in explanation 2, for the words, figures and letters "to any other trust or institution registered under section 12aa, being contribution with a specific direction that they shall form part of the corpus of the trust or institution", the words, brackets, figures and letters "to any fund or trust or institution or any university or other educational institution or any hospital or other medical institution referred to in sub-clause (iv) or sub-clause (v) or sub-clause (vi) or sub-clause (via) of clause (23c) of section 10 or other trust or institution registered under section 12aa, being contribution with a specific direction that it shall form part of the corpus" shall be substituted;(ii) in sub-section (7), with effect the 1st day of june, 2020—(a) for the words, brackets, letters and figures "under clause (b) of sub-section (1) of section 12aa", the words, figures and letters "under section 12aaor section 12ab" shall be substituted;(b) for the words, brackets, figures and letter "clause (1) and clause (23c)", the words, brackets, figures and letter "clause (1), clause (23c) and clause (46)" shall be substituted;(c) the following provisos shall be inserted, namely:—"provided that such registration shall become inoperative from the date on which the trust or institution is approved under clause (23c) of section 10 or is notified under clause (46) of the said section, as the case may be, or the date on which this proviso has come into force, whichever is later:provided further that the trust or institution, whose registration has become inoperative under the first proviso, may apply to get its registration operative under section 12ab subject to the condition that on doing so, the approval under clause (23c) of section 10 or notification under clause (46) of the said section, as the case may be, to such trust or institution shall cease to have any effect from the date on which the said registration becomes operative and thereafter, it shall not be entitled to exemption under the respective clauses" ———— a billto provide for relaxation and amendment of provisions of certain acts and for matters connected therewith or incidential thereto————(smt nirmala sitharaman, minister of finance and corporate affairs)

Parliament_bills

841cf0f5-0a2d-5f6a-a0d9-211d13ab9e6d

bill no 17 of 2009 the metro railways (amendment) bill, 2009 a billto amend the delhi metro railway (operation and maintenance) act, 2002 and the metro railways (construction of works) act, 1978be it enacted by parliament in the sixtieth year of the republic of india as follows:— chapter i preliminary chapter ii amendment to the delhi metro railway (operation and maintenance) act, 200260 of 20022 throughout the delhi metro railway (operation and maintenance) act, 2002(hereinafter referred to as the principal act), unless otherwise expressly provided in this act, for the words "metropolitan city of delhi", wherever they occur, the words ''national capital region" shall be substitutedsubstitution of references to "metropolitan city of delhi" by references to "national capital region"amendment of section 13 in section 1 of the principal act, for sub-sections (1) and (2), the following subsections shall be substituted, namely:—60 of 2002"(1) this act may be called the national capital region metro railway (operation and maintenance) act, 2002(2) it extends to the national capital region"4 in section 2 of the principal act, in sub-section (1),—amendment of section 2(i) clause (h) shall be omitted; (ii) 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 65 in section 6 of the principal act, in sub-section (2), after clause (b), the following clause shall be inserted, namely:—"(ba) developing any metro railway land for commercial use;"6 after section 6 of the principal act, the following section shall be inserted, namely:—insertion of new section6a"6a (1) the metro railway administration may, for the purpose of facilitating carriage of passengers by integrated transport service, provide for any other mode of transportpower to provide other transport services(2) notwithstanding anything contained in any other law for the time being in force, the provisions of this act shall apply to the carriage of passengers by such other mode of transport referred to in sub-section (1)"amendment of section 77 section 7 of the principal 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:—24 of 1989"(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" 8 for section 12 of the principal 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 139 in section 13 of the principal act, for the words "annual report of the commissioner", the words "annual report of the chief commissioner of railway safety" shall be substitutedamendment of section 2310 in section 23 of the principal act, in sub-section (1), for the words "hindi and english a table of fare chargeable for travelling from the station", the words "hindi, english and official language of the state in which such station is located, a table of fare chargeable for travelling from that station" shall be substitutedamendment of section 2611 in section 26 of the principal act, in sub-section (1), the words ''a small" shall be omittedamendment of section 3412 in section 34 of the principal act, for sub-section (4), the following sub-section shall be substituted, namely:—"(4) one member each shall be nominated by the central government and the state government respectively:provided that a person who is or has been an additional secretary to the government of india or holds or has held any equivalent post in the central government or the state government shall be qualified to be nominated"amendment of section 3813 in section 38 of the principal act, in sub-section (2), for the words "government of the national capital territory of delhi", the words ''state government" shall be substitutedamendment of section 411 of 187214 in section 41 of the principal act, in sub-section (2), for the words and figures"purposes of section 195", the words and figures "purposes of section 121 of the indian evidence act, 1872 and section 195" shall be substituted15 in section 85 of the principal act,—amendment of section 85(i) for the words "government of the national capital territory of delhi", at both the places where they occur, the words "state government" shall be substituted;(ii) in sub-section (2), for the words "delhi gazette", the words "official gazette"shall be substituted chapter iii amendment to the metro railways (construction of works) act, 197833 of 1978amendment of section 116 in the metro railways (construction of works) act, 1978 (hereinafter referred to asthe principal act), in section 1, in sub-section (3), after the words "apply to" at both theplaces where they occur, the words "the national capital region" shall be insertedamendment of section 217 in section 2 of the principal act, in sub-section (1), after clause (o), the followingclause shall be inserted, namely:—2 of 1985'(oa) "national capital region" means the national capital region as defined inclause (f) of section 2 of the national capital region planning board act, 1985;' statement of objects and reasonsthe central government has approved the extension of delhi metro to noida (uttar pradesh) and gurgaon (haryana) the construction work has already begun to connect these places by metro rail the construction of metro rail to noida and gurgaon are being executed by the delhi metro rail corporation however, there is no legal cover for these extensions at present in view of the commonwealth games being held in october, 2010, these extensions are required to be completed before that period in fact, extension to noida is scheduled to be completed by june, 2009 therefore, it is necessary to provide a legal cover for these extensions by suitable amendment in the existing legislations2 the metro railways (construction of works) act, 1978 provides for construction of metro railway in the national capital territory of delhi it is, therefore, proposed to amend the said act so as to extend the provisions of the act to national capital region and for that purpose to substitute the term "national capital territory of delhi" by the term "national capital region"3 the delhi metro (operation and maintenance) act, 2002 provides for operation and maintenance of metro railway in delhi however, in view of extension of metro railway to national capital region and for development, construction, operation and maintenance of metro railway in that region, it is necessary to amend the delhi metro (operation and maintenance) act, 2002 accordingly, it is proposed to provide for the following matters, namely:—(i) substitute the term "national capital territory of delhi" by the term "national capital region";(ii) define "national capital region" to have the meaning assigned to it in the national capital region planning board act, 1985;(iii) empower the metro railway administration to provide for other transport services for the purpose of facilitating the carriage of passengers or to provide integrated transport service;(iv) place the commissioners of metro railway safety under the administrative control of the chief commissioner of railway safety; and(v) for deeming the commissioner as a civil court for the purposes of section121 of the indian evidence act, 1872 4 the bill seeks to achieve the above objectsnew delhi;s jaipal reddythe 16th february, 2009 annexure extracts from the delhi metro railway (operation and maintenance) act, 2002 60 of 2002an act to provide for the operation and maintenance and to regulate the working of the metro railway in the metropolitan city of delhi and for matters connected therewith and incidental thereto chapter i preliminary60 of 20021 (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 delhi 2 (1) in this act, unless the context otherwise requires,—definitions (h) ''metropolitan city of delhi'' means the area of the national capital territory of delhi; chapter ii government metro railway administration3 (1) the central government may, for the purpose of efficient administration of a government metro railway, in the metropolitan city of delhi, by notification, constitute such railways as it may deem fitconstitution of government metro railway chapter iii functions and powers of the metro railway administration5 the functions of a metro railway administration shall be—functions of metro railway administration(a) to maintain and operate metro railway, for public carriage of passengers, constructed in, upon, across, under or over any land, building, street, road or passage in the metropolitan city of delhi; and(b) to engage in any such other activities or perform such other functions as may be considered necessary for the purpose of the operation and maintenance of the metro railway in the metropolitan city of delhi 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 safetyannual report of commissioner12 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 comissioner to be laid after its receipt before each house of parliamentannual report to be laid before parliament chapter v opening of metro railway14 the metro railway in the metropolitan city of delhi shall not be opened for the public carriage of passengers except with the previous sanctioned of the central government sanction of central government to the opening of metro railway 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 and supply of tickets carriage of goods26 (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 accidents38 (1) 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 41 (1) 2 of 1974(2) the commissioner while conducting an inquiry under this chapter shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973powers of commissioner in relation to inquiries place of trial85 (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 extracts from the metro railways (construction of works) act, 197833 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 accordingly2 (1) in this act, unless the context otherwise requires,—definitions ———— a billto amend the delhi metro railway (operation and maintenance) act, 2002 and the metro railways (construction of works) act, 1978————(shri s jaipal reddy, minister of urban development)gmgipmrnd—808ls(s5)—18022009

Parliament_bills

fda5a441-5f62-5553-a71d-4b4cc2aca2f5

the appropriation bill, 1959(as introduced in lok sabha on 24m february 1959) the appropriation bill, 1959 (as introduced in lok sabha) a billto authorise payment and appropriation of certain further 8um9 from and out of the consolidated fund of india for the service of the financial year 1958-59 be it enacted by parliament in the tenth year of the republic of india as follows:-1 this act may be called the appropriation act, 1959 short title 2 from and out of the consolidated fund of india there may be s paid and applied sums not exceeding those specified in column 3 of i:,~u:j6i~~3j the schedule amounting in the aggregate to the sum of one hundred 83,000 out ~f and sixty"'ofte crores, sixty-three lakhs and eighty-three thousand ~~e~f~~~­rupees towards defraying the several charges which will come in of india for course of payment during the financial ~ar 1958-59, in respect of the ~~~8_i:ar 10 services specified in column 2 of the schedule 3 the sums authorised to be paid and applied from and out of appropriathe cc?nsolidated fund of india by this act shall be appropriated for tion the services and purposes expressed in the schedule in relation to the said year no of vote , sums not exceedil'l ·service and purposei voted by charg:d s parliament on the total conlolidated fund 10 1 ra ri ri ministry of commerce and industry 2,8,5,000 2,8,5,000 ,5 miscellaneous departments and i expenditure udder the ministry of commerce and industry ,52,68,000 i ,52,68,000 is 8 ministry of defence 2,31,000 2,31,000 9 def'ence services- effective-anny · 95,000 9,5,000 18 scientific research ",0,00,000 -40,00,000 28 customs · 3,000 3,000 29 32 union excise duties · 4,01,91,000 ",,01,97,000 , stamps 21,80,000 2180,0ci0 3s mint 96,00,000 96,00,000 37 su~era!lnuation allowances and 13,00,000 enslons 13,00,000 i miscellaneous adjustments bet-i ween the union and state governments 3,04,000 304,000 charged-inter,st on debt and otlur obligations and j'lducno,"" ~u 01 d,bt 1,50,00,000 1,,50,00,000 3 s8 privy punes and allowances of indian rule!t 1,11,000 34,000 i-4s,ooo broadcasting 33,00,090 33,00,000 ministry of' irrigation bnd power 1,64,000 1,64,000 35 _-,,---| __ | - | __ | :i | ___________________________ ||-------------------------------------------------------------|-------------------------|---------------|-------|--------------------------------|| ~--~-------------------------------- | | | | || no, | | | | || of | | | | || 5 | | | | || vote | | | | || services and purposes | | | | || sums not exceeding | | | | || total | | | | || voted by | | | | || parliament | | | | || charged on | | | | || the | | | | || consolidated | | | | || fund | | | | || ----i~--------~-----------~---------·i----------i---------- | | | | || rs | | | | || lb | | | | || r | •• | | | || jooo,ooo | | | | || jo,oo,coo | | | | || 70 | | | | || multi-purpose river schemes | | | | || 72 | | | | || 10 | | | | || ministry | of | | | || labour and | | | | || employ- | | | | || ment | | | | || 2,00,000 | | | | || i | | | | || 2,00,000 | | | | || 79 | | | | || expenditure | on | displaced | | || persons and minorities | | | | || 4,27,00,000 | | | | || 4,27,00,000 | | | | || ministry | | | | || of | transport | | | || communications | | | | || and | | | | || 3,00,000 | | | | || 3,00,060 | | | | || is | | | | || 24,00,000 | | | | || 88 | | | | || colllmunictions | (including | | | || national | | | | || highwsys) | - | | | || indian posts and telegraphs | | | | || department | | | | || 1:4,000 | | | | || 95 | | | | || supplies | | | | || 20 | | | | || 96 | | | | || other civil | | | | || works | | | | || 96,00,000 | | | | || 96,00,00:::0 | | | | || 97 | | | | || stationery and printing | | | | || capital outlay | of | the millistry | | || of | commerce and industry | | | || 106 | | | | || i | | | | || i | | | | || 25 | | | | || 112 | | | | || capit,al outlay on currency and | | | | || comage | , | | | || 45,00,00,000 | | | | || 35,00,00,otjo | | | | || 7 | | | | || 0 | | | | || ,00,00,000 | | | | || i17 | | | | || loans | and | advance | a | || by | | | | || the | | | | || central gov' | | | | || r | | | | || rrent | | | | || 119 | | | | || purchase | of | foodgraina | | || 33,000 | | | | || 2%,000 | | | | || 3 | | | | || 0 | | | | || 120 | | | | || olher capital outlay | of | the | | || minitry | of | food | | || lind | | | | || agri- | | | | || cjture | | | | || 130 | | | | || capi:al outlay on roads | | | | || 50,00,000 | | | | || 134 | | | | || delhi capital outlay | | | | || total | | | | || 50,00,000 | | | | || 1-----------1----------1--------- | | | | || 3s | | | | | 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, 1958-59 new delhi; morarji desai the 23rd februarll 1959 a bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1958-59 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 morarji desai, minister of finance)

Parliament_bills

800e8b27-3be2-5552-8c23-61291241bc7f

bill no xcviii of 2006 the desert, drought prone and backward areas (integrated development) bill, 2006 abillto provide for the integrated development of the desert, drought prone and backward areas which are poverty stricken, underdeveloped and lag behind in the economic, social, educational, infrastructural and industrial fields particularly in the states of rajasthan, gujarat, orissa, bihar, jharkhand, andhra pradesh, chhattisgarh, maharashtra, etc by establishing an autonomous central authority with the mandate of assuring speedy development of such areas and for matters connected therewith and incidental theretobe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—1 (1) this act may be called the desert, drought prone and backward areas (integrated development) act, 2006short title, extent and commencement5(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) ''appropriate government'' means in the case of a state, the government of that state and in other cases, the central government;(b) ''authority'' means the desert, drought prone and backward areas development authority established under section 4;(c) ''backward areas'' include the desert and drought prone areas with very low or scanty rainfall and the areas which are economically, industrially, educationally and socially lagging behind from the rest of the country and so declared by central government by notification in the official gazette;(d) ''prescribed'' means prescribed by rules made under this actlong term national policy for backward areas3 (1) the central government shall, as soon as may be, by notification in the official gazette, formulate a long term national policy for the integrated development of the backward areas and in particular those areas which are desert and drought prone which shall be implemented by the authority(2) the appropriate government shall, by notification in the official gazette, declare such areas within its territorial jurisdiction, which in its opinion are backward and require priority attention for integrated development and furnish the information to the central government as well as to the authority4 (1) the central government shall, as soon as may be, by notification in the official gazette, establish an authority to be known as the desert, drought prone and backward areas development authority for carrying out the purposes of this actestablishment of the desert, drought prone and backward areas development authority(2) the authority shall be a body corporate, by the name aforesaid, having perpetual succession and a common seal, with power to acquire, hold and dispose of property both movable and immovable and to contract and shall by the said name sue and be sued(3) the headquarter of the authority shall be at jaipur in the state of rajasthan and the authority may, with the consent of the appropriate government establish subordinate offices at other places in the country5 (1) the authority shall consist of the following members namely:—composition of the authority(a) the prime minister who shall be the ex officio chairperson of the authority;(b) two vice-chairpersons,—(i) the deputy chairman of the planning commission; and (ii) to be appointed by the central government from amongst the members of the authority in such manner as may be prescribed; (c) five members of parliament of whom three shall be from lok sabha and two from rajya sabha to be nominated by the presiding officers of the respective houses;(d) twelve members to be appointed by the central government representing the planning commission and ministries or departments of agriculture, agro and rural industries, rural development, industry, finance, telecommunications, railways, road transport and highways, human resources development, power and water resources of the central government; and(e) not more than five members to be appointed by the central government by rotation in the alphabetical order to represent the governments of the states having most of the backward areas (2) the authority shall follow such procedure for holding its meetings and the quorum for such meetings shall be such as may be prescribed(3) the authority shall have a secretariat consisting of such officers, employees and establishment with such conditions of service, emoluments and perks as may be prescribed and determined from time to time for the efficient functioning of the secretariat of the authorityfunds of the authority 6 the central government shall provide, from time to time, after due appropriation made by parliament, by law, in this behalf, adequate funds for carrying out the purposes of this act and for the administrative expenses of the authority7 (1) it shall be the duty of the authority to implement the long term national policy formulated under this act for backward areas and ensure integrated development of the backward areas by undertaking such special steps as it may deem necessary and expedient to do so for the overall development of such areasauthority to implement long term national policy for backward areas and ensure integrated development of such areas(2) without prejudice to the generality of the foregoing provisions the authority shall initiate measures for the integrated development particularly to ensure industrial growth with immunity of investments and various concessions by providing good and viable infrastructure pertaining to roads and highways network, railways, communication network, agriculture and agro industries, irrigation facilities through watershed projects, constructing wells, bore wells, canals, ponds and other traditional water bodies, power projects based on thermal, solar, hydal and wind energies, forests, promoting livestock rearing, poultry, piggery, orchards, cooperatives, cottage and village industries, health services, family welfare, educational facilities, network of pds, tourism, vocational avenues and such other activities as the authority may deem necessary for the integrated development of backward areas(3) the authority in particular shall initiate measures to provide safe drinking water in abundance to the people of backward areas of the country8 it shall be the duty of the appropriate government to provide requisite co-operation to the authority in undertaking its development work in the backward areas within the territorial jurisdiction of such governmentappropriate government to cooperate with authority power to remove difficulty9 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 difficultyannual report of the authority10 the authority shall submit an annual report, in such form and in such manner, as may be prescribed, of its activities of development undertaken for the purposes of 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 by the central government as soon as it is received11 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force regulating any of the matters dealt with in this actact to supplement other laws power to make rules12 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsours is a vast country there are desert areas, which are prone to famines and droughtsthe rainfall in such areas is generally very scanty resulting in severe shortage of drinking water such areas are mostly in rajasthan and gujarat where even drinking water is a luxury most of these areas are in rural and tribal belts where people are poverty stricken, debt ridden and do not have any means of employment as there are no industries and agriculture is not dependable as it is affected by the vagaries of monsoon such areas are chronically backward in our country in the eastern region, vast areas of orissa, bihar, jharkhand, west bengal, eastern up; entire north-eastern region; in the central india chhattisgarh, madhya pradesh; in the western parts vidarbha, marathwada, saurashtra, kutchh desert and large parts of rajasthan; in southern parts telangana, mehboob nagar, rayalseema in andhra pradesh and areas in other southern states are still most backward it is really a matter of concern that even after more than five decades of independence and implementation of nearly ten five year plans, these areas are still underdeveloped, backward and afflicited with extreme poverty, hunger and sufferings due to consistent neglect and apathy of the central and state governments these areas are backward no industries have come up in these areas in the absence of requisite infrastructure the agriculture is in shambles; rainwater is not harvested and traditional water bodies have vanished which has turned these areas into drought prone and famine prone the backwardness and non-development of such areas has given rise to demand for creation of new states like vidarbha, gorkhaland, telangana, harit pradesh, bodoland, bundelkhand, etc as it is thought that by creating new states, the backwardness of the areas can be removedhence, it has become necessary to develop such desert, drought prone and backward areas of the country for which special efforts have to be made through long term action plan it is felt that an autonomous authority should be created to implement the action plan and integrated development of such areas this will be in the larger interest of our nationhence this billsantosh bagrodia financial memorandumclause 4 of the bill provides for the establishment of the desert, drought prone and backward areas development authority clause 6 makes it mandatory for the central government to provide adequate funds for the purposes of the bill the bill, if enacted, will involve expenditure from the consolidated fund of india the actual requirement cannot be assessed at this juncture but it is estimated that a sum of rupees ten thousand crore may involve as recurring expenditure per annumnon-recurring expenditure to the tune of five thousand crore may also involve memorandum regarding delegated legislationclause 12 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 integrated development of the desert, drought prone and backward areas which are poverty stricken, underdeveloped and lag behind in the economic, social, educational, infrastructural and industrial fields particularly in the states of rajasthan, gujarat, orissa, bihar, jharkhand, andhra pradesh, chhattisgarh, maharashtra, etc by establishing an autonomous central authority with the mandate of assuring speedy development of such areas and for matters connected therewith and incidental thereto—————

Parliament_bills

5b0a5d70-c62c-51dd-a625-2e2e167a8755

bill no 260 of 2015 the regulation of computer training centres bill, 2015 byshri rajesh ranjan, mp a billto provide for regulation of computer training centres and banning of all the computer training centres functioning without registration from the governmentbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the regulation of computer training centres act, 2015 (2) it extends to the whole of indiashort title,2 on and from the date of commencement of this act, no person shall run any computer centre without prior registration with the designated authority of the central governmentcomputer centres not to function without registration5computer centres to apply for registration3 the in-charge or the head of the affairs of a computer centre, whether set up prior toor after the commencement of this act, shall, within one month from the date of commencement of this act, apply to the designated authority of the central government, in such form and manner, as may be prescribe by rules made under this act, for registration of his computer centrepenalty4 whoever contravenes the provision of section 2 shall be punished with imprisonmentfor a term not exceeding two months or with fine of rupees one lakh, or with both10power to make rules5 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act15(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthere are a number of computer training centres at present operating in the country without any government's permission or registration these computer training centres after advertising in the newspapers enrol the students by charging thousands of rupees many of these institutions have closed down their activities after collecting money from the students these institutions are charging different rates from students on different type of computer education many of these institutions have cheated the students and spoiled their carrer as after receiving the hefty amount they locked their activities within three-four months this has created great unrest among the students community their career has been marred and these students have been agitating thus, there is a need of closing down all these computer training centres and award severe punishment to those who operate such centres in the country without the permission of the governmenthence this billnew delhi;rajesh ranjannovember 13, 2015 memorandum regarding delegated legislationclause 5 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 regulation of computer training centres and banning of all the computer training centres functioning without registration from the government————(shri rajesh ranjan, mp)gmgipmrnd—2859ls(s3)—01122015

Parliament_bills

89588039-afd3-5994-a179-f0acd07e981c

financial memorandumclause 2 of the bill seeks to amend section 3 of the salaries and allowances of officers of parliament act, 1953 to entitle the chaitman of the council of states to the daily allowance, during the whole of his terms, at the rate of one hundred and fifty rupees per day this would involve an expenditure of rs 54,000/- per annum from the consolidated fund of india ll tla i!2 the provisions of the bill will not involve any other expenditure either recurring or non-recurring annexure extracts from the salaries and allowances or officers of parliament act, 1953(20 or 1953) 3 (1) there shall be paid to the chairman of the council of states a salary of seven thousand five hundred rupees per mensem 10a notwithstanding anything contained in the income-tax act, 1961, the value of rent free furnished residence (including maintenance thereof) provided to an officer of parliament under sub-section (1) of section 4 shall not be included in the computation of his income chargeable under the head "salaries" under section 15 of the income-tax act, 1961 nair pseut ten eer se spies upn ' on te ae 3 = se see) ya ¥ ; acs tages eee ao behawolla bree seieelsr ad} beers st fu taes @ me ie) fo | 'i salaries, ete; of officers of parliament exemp- tion from liability to pay incometax on certain perquisites received by an, officer of par liament,

Parliament_bills

8570c854-352b-5bad-800a-d79e65253607

the coinage bill, 2009———— arrangement of clauses———— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii establishment of mints3 power to establish and abolish mints chapter iii coinage4 denominations, dimensions, designs and composition of coins 5 standard weight and remedy 6 coin when a legal tender 7 decimal system of coinage 8 power to call in coin chapter iv diminished, defaced and counterfeit coins9 power to certain persons to cut diminished or defaced coins10 power to certain persons to cut counterfeit coins 11 power of mint to delegate its functions chapter v offences and penalties12 prohibition of making or melting or destruction of coins 13 penalty for contravention of section 12 14 prohibition and penalty for unlawful making, issue or possession of pieces of metalto be used as money15 prohibition and penalty for bringing metal piece for use as coin 16 offences by companies chapter vi miscellaneous clauses17 forfeiture 18 probation of offenders act, 1958 not to apply to offences under this act 19 offences to be cognizable, bailable and non-compoundable 20 amendment of act 2 of 1934 21 offences may be tried summarily 22 protection of action taken in good faith 23 power to remove difficulties 24 power to make rules 25 rules to be laid before parliament 26 saving of making other coins at mints 27 repeal and savings 28 continuance of existing coins bill no 129 of 2009 the coinage bill, 2009 a billto consolidate the laws relating to coinage and the mints, the protection of coinage and toprovide for the prohibition of melting or destruction of coins and prohibit the making or the possession thereof for issue and for matters connected therewith or incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the coinage act, 2009 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions(a) "coin" means any coin which is made of any metal stamped by the government or any other authority empowered by the government in this behalf and which is a legal tender including commemorative coin but does not include various types of credit card or e-money issued by any bank or financial institution from time to time;(b) "commemorative coin" means any coin stamped by the government or any other authority empowered by the government in this behalf to commemorate any specific occasion or event and expressed in indian currency;(c) "deface" means any type of clipping, filing, stamping, or such other alteration of the surface or shape of a coin as is readily distinguishable from the effects of reasonable wear;(d) "government" means the central government;(e) "issue" means to put a piece of metal into circulation for use as money; (f) "metal" means any metal, base metal, alloy, gold, silver or any other metal which may be prescribed by the government for the purpose of any coin;(g) "mint" means any organisation established by or under the authority of the government to make a coin by stamping metal;(h) "notification" means notification published in the official gazette; (i) "per cent" means the percentage of metals prescribed for any coin; (j) "prescribed" means prescribed by rules made under this act; (k) "remedy" means variation from the standard weight and fineness; (l) "standard weight" means the weight prescribed for any coin chapter ii establishment of mints3 the government may, by notification,—power to establish and abolish mints(a) establish a mint at any place which may be managed by the government of india in the ministry of finance, department of economic affairs or by any other person, which may be authorised for this purpose: provided that the mints established before the commencement of this act shall be deemed to have been established by the government under this section:provided further that where the government is of the opinion that it is necessary or expedient in the public interest so to do, it may authorise the minting of coins by any organisation or government of any foreign country, within or beyond the limits of india and acquire such coins either by way of import or otherwise for issue under its authority;(b) abolish any mint chapter iii coinage4 coins may be minted at the mints or at any other place authorised under the proviso to section 3 of such denominations not higher than one thousand rupees and of such dimensions and designs and containing such metals or mixed metals of such compositions as may be prescribed by the governmentdenominations, dimensions, designs and composition of coins standard weight and remedy5 the standard weight of the coin of any denomination, minted under the provisions of section 4, and the remedy allowed in making of such coins, shall be such as may be prescribed in this behalf by the government from time to timecoin when a legal tender6 (1) the coins issued under the authority of section 4 shall be a legal tender in payment or on account, in case of—(a) a coin of any denomination not lower than one rupee, for any sum; (b) a half-rupee coin, for any sum not exceeding ten rupees;(c) any other coin, for any sum not exceeding one rupee:provided that the coin has not been defaced and has not lost weight so as to be less than such weight as may be prescribed in its case3 of 1906(2) all silver coins issued under the coinage act, 1906 after the 10th day of march,1940 shall continue as before to be a legal tender in payment or on account, in case of—(a) a rupee coin, for any sum; (b) a half-rupee coin, for any sum not exceeding ten rupees; (c) a quarter-rupee, for any sum not exceeding one rupee: provided that the coin has not been defaced and has not lost weight so as to be less than—(i) 1764 grains troy in the case of a rupee coin, or (ii) 882 grains troy in the case of a half-rupee coin, or (iii) such weight as may be prescribed in the case of a quarter-rupee coin3 of 1906(3) all nickel, copper and bronze coins which may have been issued under the coinageact, 1906 before the 24th day of january, 1942 shall continue as before to be a legal tender in payment or on account for any sum not exceeding one rupee17 of 1964(4) all new coins in the naya paisa series, designated as such under the notification of the government of india in the ministry of finance, department of economic affairs, number sro 1120, dated the 11th may, 1956 issued prior to the commencement of the indian coianage (amendment) act, 1964, shall continue to be a legal tender in payment or on account, in case of,—(a) a half-rupee or fifty naye paise coin, for any sum not exceeding ten rupees; (b) any other coin, for any sum not exceeding one rupee7 (1) the rupee shall be divided into one hundred units and any such unit may be designated by the government, by notification, under such name as it thinks fitdecimal system of coinage(2) all references in any enactment or in any notification, rule or order made under any enactment or in any contract, deed or other instrument to any value expressed in annas, paisa and pies shall be construed as references to that value expressed in units referred to in sub-section (1) converted thereto at the rate of sixteen anna, sixty-four paise or one hundred and ninety-two pies to one hundred units referred to in sub-section (1)(3) all references in any enactment or in any notification, rule or order under any enactment or in any contract, deed or other instrument to any value in naya paisa or naye paise shall be contrued as references to that value expressed respectively in units referred to in sub-section (1)power to call in coin8 notwithstanding anything contained in section 6, the government may, by notification, call in with effect from such date as may be specified in the notification, any coin, of whatever date or denomination and on and from the date so specified, such coin shall cease to be a legal tender, save to such extent as may be specified in the notification chapter iv diminished, defaced and counterfeit coins9 (1) where any coin which has been minted and issued by or under the authority of the government is tendered to any person authorised by it to act under this section, and| power ||-----------------|| certain || persons to cut, || diminished or || defaced coins |such person has reason to believe that the coin—(a) has been diminished in weight so as to be more than such per cent below standard weight as provided in section 5; or(b) has been defaced, he shall, by himself or through another person, cut or break the coin (2) a person cutting or breaking coin under the provisions of clause (a) of subsection (1) shall receive and pay for the coin at its face value(3) a person cutting or breaking coin under the provisions of clause (b) of subsection (1) shall observe the following procedure, namely:—(a) if such person has reason to believe that the coin has been fraudulently defaced, he shall return the pieces to the person tendering the coin, who shall bear the loss caused by such cutting or breaking;(b) if such person has reason to believe, that the coin has not been fraudulently defaced, he shall receive and pay for the coin at its face value explanation—for the purposes of this section a coin which, there is reason to believe, has been defaced by sweating shall be deemed to have been fraudulently defaced10 where any coin minted or issued by or under the authority of the government is tendered to any person authorised by the government under section 9 and such person has reason to believe that the coin is counterfeit, he shall by himself or through another person cut or break the coin, and the tenderer shall bear the loss caused by such cutting or breakingpower to certain persons to cut counterfeit coins power of mint to delegate its functions11 any officer of the mint duly empowered by the government may in writing authorise any other organisation of the government to melt withdrawn coins or take any help of such organisation for the said purposeexplanation—for the purposes of this section "organisation" means any government industrial unit or public sector undertaking possessing melting facilities chapter v offences and penalties12 (1) no person shall—(i) use any metal piece as coin whether stamped or unstamped, intended to be used as money except by the authority of the government, or prohibition of making or melting or destruction of coins(ii) melt or destroy any coin, or (iii) use coin other than as a medium of exchange, or (iv) have in his possession, custody or control,—(a) any melted coin, whether in the molten state or in a solid state, or (b) any coin in a destroyed or mutilated state, or (c) coins substantially in excess of his reasonable requirements for the purpose of selling such coins for value other than their face value or for melting or for destroying or for disposing these coins other than as a medium of exchangeexplanation—for the purposes of determining the reasonable requirements of coins of a person, due regard shall be had to—(i) his total daily requirements of coins; (ii) the nature of his business, occupation or profession; (iii) the mode of his acquisition of coins; and(iv) the manner in which, and the place at which, such coins are being possessed, held or controlled by him(2) whoever is found to be in possession of any metal or material which contain alloys in the same proportions in which they have been used in the manufacture of any coin shall be presumed, until the contrary is proved, to have contravened the provisions of subsection (1)(3) nothing in this section shall apply—(i) to any person who is found in possession of any metal or scraps or scissel, etc, of non-recyclable coinage metal, which he may so possess as a result of valid disposal by auctions by a mint;(ii) to the mint, reserve bank of india and its authorised agents, and suppliers of coins or coin blanks to the extent of orders placed by or under the authority of the government until their supply or completion of orders placed by the government;(iii) to any prospective supplier who intends to supply coin or coin blanks as samples against a valid tender documents purchased by him provided that quantity is in reasonable agreement with quantity of samples to be supplied 13 whoever contravenes any provisions of section 12 shall be punishable with imprisonment which may extend to seven years and with finepenalty for contravention of section 1214 (1) no person shall—(a) make or issue or attempt to issue any metal piece except as provided under section 4 for the purpose of coin;(b) possess, custody or control of any metal piece with the intent to issue the piece for use as money for a medium of exchangeprohibition and penalty for unlawful making, issue or possession of pieces of metal to be used as money(2) whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment which may extend to one year or with fine or with both:provided that if any person convicted under this section is again convicted, he shall be punishable with imprisonment which may extend to three years or with fine or with both15 (1) no person shall bring by sea or by land or by air into india of any piece of metal to be used as coin except with the authority or permission of the government(2) whoever contravenes the provisions of sub-section (1) shall be punishable with imprisonment which may extend to seven years and with fineprohibition and penalty for bringing metal piece for use as coinoffences by companies16 (1) where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of its business, 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 any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence(2) notwithstanding, anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer, such director, manager, secretary or other officer of the company shall be deemed to be guility 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, society or other association of individuals; and(b) "director", in relation to —(i) a firm, means a partner or proprietor of the firm; (ii) a society or other association of individuals, means the person who is entrusted, under the rules of the society or other association, with the management of the affairs of the society or other association of the individuals, as the case may be chapter vi miscellaneousforfeiture17 any coin or metal in relation to which any offence under this act has been committedshall be forfeited to the government20 of 195818 nothing in the probation of offenders act, 1958 shall apply to offences under thisact2 of 197419 notwithstanding anything contained in the code of criminal procedure, 1973,offences under this act shall be cognizable and bailable, but shall not be compoundable20 in the reserve bank of india act, 1934,—probation of offenders act, 1958 not to apply to offences under this actoffences to be cognizable, bailable andnoncompoundable amendment of act 2 of 19343 of 1906(i) in section 2, in clause (d), for the words and figures "the indian coinage act,1906", the words and figures "the coinage act, 2009" shall be substituted;3 of 1906(ii) in section 39, for the words and figures "the indian coinage act, 1906", atboth the places where they occur, the words and figures "the coinage act, 2009" shall be substituted2 of 1974offences may be tried summarily21 notwithstanding anything contained in section 260 of the code of criminalprocedure, 1973, offences under this act may be tried summarily by a judicial magistrate of the first class or a metropolitan magistrateprotection of action taken in good faith22 no suit or other legal proceedings shall lie against any person in respect ofanything which is in good faith done, or intended to be done, under or in pursuance of the provisions of this actpower to remove difficulties23 (1) if any difficulty arises in giving effect to the provisions of this act, thegovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as may appear it to be necessary or expedient for removing the difficulty:provided that no such order shall be made under this section after the expiry of two years from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentpower to make rules24 (1) the government may, by notification, make rules to carry out the purposes ofthis 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 use of metal for the purpose of making any coin under clause (f) of section 2;(b) the per cent of metals for any coin under clause (i) of section 2;(c) the standard weight for any coin under clause (l) of section 2;(d) the dimensions, designs, metals, mixed metals or their composition, for coins under section 4;(e) the standard weight of coins and the remedy allowed in making such coins under section 5(f) the coin of any denomination which has not been defaced and has not lost weight as to be less than such weight issued under section 6rules to be laid before parliament25 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 rule26 nothing in this act shall be deemed to prohibit or restrict the making at any mint in india of coins intended for issue as money by the foreign government of any territories beyond the limits of indiasaving of making other coins at mints27 (1) the following enactments are hereby repealed—(a) the metal tokens act, 1889;repeal and savings1 of 18893 of 1906(b) the coinage act, 1906;22 of 1918(c) the bronze coin (legal tender) act, 1918;52 of 1971(d) the small coins (offences) act, 1971(2) the repeal by this act of the enactments specified in sub-section (1) shall not—(a) affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;(b) affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;| (c) | affect any principle or rule of law, or established jurisdiction, form or course ||-------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------|| of pleading, practice or procedure, or existing usage, custom, privilege, restriction, | || exemption, office or appointment, notwithstanding that the same respectively may | || have been in any manner affirmed or recognised or derived by, in or from any enactment | || hereby repealed; | || (d) | revive or restore any jurisdiction, office, custom, liability, right, title, privilege, || restriction, exemption, usage, practice, procedure or other matter or thing not now | || existing or in force | || 10 of 1897 | || (3) | the mention of particular matters in sub-section ( || or affect the general application of section 6 of the general clauses act, 1897, with regard to | || the effect of repeals | || continuance | || of existing | || coins | |28 notwithstanding the repeal of the enactments specified in section 27, all coins which were issued as legal tender under the said enactments immediately preceding the date on which the coinage act, 2009 receives the assent of the president shall continue to be legal tender in payment or on account statement of objects and reasonsthe coinage act, 1906 provides for applicability, denomination, dimension, design and composition of coins, standard weight of coins and the limit up to which the coin is a legal tender it empowers the central government to establish and abolish mints and to call in coins and also power to certain persons to cut, diminished or counterfeit or defaced coins and also provides for the procedure in regard to cut coins or coins liable to be cut the act also includes saving provision for making of other coins for issue as money by the government of other territory beyond the limits of india it also includes a temporary provision with respect to certain hyderabad coins which should be continued as a legal tender in that state as it used to be before the commencement of this actin order to take care of acute shortage of small coins in the country, the small coins(offences) act, 1971 was enacted to take steps to avoid such shortages in the interest of the general public it provides for prevention of melting or destruction of small coins or hoarding of small coins for the purpose of melting and destruction and provides punishment for melting and destruction of coinsin order to prohibit the making or the possession for issue or the issue by private person of pieces of metal for use as money, the metal tokens act, 1889 was enacted to prohibit the railways administration and the local authorities to receive or introduce any piece of metal token as money it provides for penalty for unlawful making, issue or possession of such metal token it empowers the central government to restrict the import of such piece of metals as may be used as money further, the bronze coin (legal tender) act, 1918 was enacted to provide that where bronze coins of any of the denominations specified in section 8 of the coinage act, 1906 are coined outside part a and part b states at the request of the central government and if it is satisfied that such coins are in accordance with the requirements of section 9 and of any notification for the time being in force under section 10, it may, by notification in the official gazette, direct the issue of any such coins, and thereafter any such coins shall be legal tender in payment or on account in the same way and to the same extent as if they were coins referred to in section 10, and the provisions shall apply accordingly2 the then minister of finance, in the budget speech of 1993, announced setting up of a special review group in every ministry or department to review the existing laws and procedures and identify changes needed in the light of the new policies the group constituted in the department of economic affairs and subsequently another expert group constituted by the cabinet secretariat in 1997, and, thereafter, a commission constituted to review administrative laws in 1998 recommended the amalgamation of the coinage act, 1906, the metal tokens act, 1889 and the small coins (offences) act, 1971 in one comprehensive act the law commission in its 159th report on repeal and amendments of laws had also recommended for consolidation of the above acts later on, it was felt that the bronze coin (legal tender) act, 1918 may also be repealed, having become obsolete as bronze coins have been removed from circulation many years back3 in the meantime, the management of all the india government mints was transferred to a corporation, namely, the security printing and minting corporation of india limited which was formed in 2006 after consideration and approval of the cabinet in its meeting held on 23-08-2005 to reorganise mints as per their operational requirements and this development has been factored in while preparing the coinage bill, 20094 the salient features of the bill, inter alia, are as follows:—(i) it provides for amalgamation of four acts, namely, the metal tokens act,1889, the coinage act, 1906, the bronze coin (legal tender) act, 1918 and the small coins (offences) act, 1971 into one act;(ii) it provides for punishment with imprisonment which may extend to seven years and with fine if a person is found to be making or melting or destructing the coins and for deletion of the provisions of above mentioned four acts which have since become redundant;(iii) it repeals the four aforesaid acts which have since become obsolete5 the bill seeks to achieve the above objectivespranab mukherjeenew delhi;the 17th september, 2009 notes on clausesclause 1 of the bill provides for short title, extent and commencement clause 2 of the bill provides for definitions of the terms used in the bill clause 3 of the bill empowers the government to establish and abolish mints and also provides that the mints may be managed by other persons authorised in this behalf by the central government it further provides that the mints established before the commencement of this act shall be deemed to have been established by the governmentclause 4 of the bill provides for denominations, dimensions, designs and composition of the coins as may be prescribed by the government however, such denomination shall not be higher than one thousand rupeesclause 5 provides for standard weight of any coin for minting under clause 4 and empowers the government to prescribe the remedy allowed in making such coins from time to timeclause 6 of the bill provides for the sum for which certain specified coins will be a legal tender and the silver coins issued under the coinage act, 1906 (3 of 1906), after the 10th day of march, 1940, and all nickel, copper and bronze coins which may have been issued before the 24th day of january, 1942, shall continue as before to be a legal tenderclause 7 of the bill provides for the decimal system of coinage and provides that a rupee shall be divided into one hundred units and empowers the government to designate any such units by notification, under such name as it thinks fitclause 8 of the bill empowers the government to call in any coin of any date or denomination from a specified date from which the said coin shall cease to be legal tender, however, save to the extent as may be specified in the notificationclause 9 of the bill empowers certain persons to cut diminished or to defaced coins which have been diminished in weight by such per cent below the provided standard weight it also provides for payment of face value of the coin when there is reason to believe that the coin has not been defaced fraudulently the person cutting or breaking the coin has to observe the procedure as specifiedclause 10 of the bill empowers certain persons to cut or break the counterfeit coins where they have reasons to believe that coins are counterfeitclause 11 of the bill empowers a mint to delegate its functions to any organisation of the government with regard to melting of the withdrawn coinsclause 12 of the bill provides for prohibition of making or melting or destruction of coins or having possession, custody or control of melted coins or coins in mutilated or destroyed state it also prohibits possession of coins by any person in excess of reasonable daily requirement of the coins for carrying out his business, occupation or profession but this provision does not apply to mint, reserve bank of india or any person having possession of coins as a result of valid auction by a mintclause 13 of the bill provides for penalty of imprisonment and fine for contravention of clause 12clause 14 of the bill provides for the prohibition of unlawful making, issue or possession, custody or control of pieces of any metal to be used as money and also punishment for contravention of this provision with imprisonment up to one year or fine or with bothclause 15 of the bill provides for the prohibition for bringing a metal piece for use as coin into india without the permission of government by sea, land or air and punishment for its contraventionclause 16 of the bill provides that every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of its business, shall be deemed to be guilty of that offenceclause 17 of the bill provides for the forfeiture of any coin or metal in relation to which any offence under this act has been committedclause 18 of the bill provides that the probation of offenders act,1958 (20 of 1958)shall not apply to offences under this actclause 19 of the bill provides for the offences to be cognizable, bailable and noncompoundableclause 20 of the bill provides for the consequential amendment in the reserve bank of india act, 1934 (2 of 1934) in respect of references of the indian coinage act, 1906 occurring thereinclause 21 of the bill provides that notwithstanding the provisions of section 260 of the code of criminal procedure, 1973 (2 of 1974), the offences are to be tried summarily by a judicial magistrate of the first class or a metropolitan magistrateclause 22 of the bill provides for protection of action taken in good faith in pursuance of the provisions of this billclause 23 of the bill empowers the government to make provision by order published in the official gazette, to remove difficulties which may arise in giving effect to the provisions of this bill however, such order shall not be made after the expiry of two years from the commencement of this actclause 24 of the bill empowers the government to make rules to carry out the provisions of the proposed legislationclause 25 of the bill provides for laying of the rules made under this act before each house of parliamentclause 26 of the bill enables the mints to make coins intended for the issue as money by foreign government beyond the limits of indiaclause 27 of the bill provides for repeal of the metal tokens act, 1889 (1 of 1889), the coinage act, 1906 (3 of 2006), the bronze coin (legal tender) act, 1918 (22 of 1918) and the small coins (offences) act, 1971 (52 of 1971) and also provides that repeal of these enactments is not to affect the validity, invalidity, effect or consequences of anything done or suffered, any right acquired, accrued or liability incurred, etc, from the enactments repealedclause 28 of the bill provides for continuance of existing coins as legal tender in payment or on account financial memorandumclause 3 of the bill provides for establishment of mint at any place which may be managed by the government of india in the ministry of finance, department of economic affairs or by any other person which may be authorised for this purpose however, the mints established before the commencement of this act shall be deemed to have been established by the government under this clause2 clause 3 also provides for abolition of any mint by the government of india however, in public interest, it also provides for minting of coins by any organisation or government of any foreign country for acquiring such coins3 the provisions of the bill do not involve any other expenditure of recurring or nonrecurring nature memorandum regarding delegated legislationclause 4 of the bill empowers the government to prescribe the dimensions and design of coins containing such metal or mixed metals which may be minted at the mints or any other place authorised under the proviso to clause 3clause 5 of the bill empowers the government to prescribe the standard weight of the coin of any denomination which may be minted under the provisions of clause 4clause 7 of the bill empowers the government to designate by notification in the official gazette any unit of a rupee under such name as it thinks fitclause 8 of the bill empowers the government to call in with effect from such date as may be specified in the notification in the official gazette any coin of whatever date or denomination to cease to be a legal tender from such dateclause 23 of the bill empowers the government to pass an order published in the official gazette to remove the difficulty arising in giving effect to the provisions of this actclause 24 of the bill empowers the government to make rules, by notification in the official gazette, to carry out the purposes of this actclause 25 of the bill provides that every rule made under this act shall be laid before each house of parliamentthe matters in respect of which notification may be issued or rules to be made under the aforesaid provisions pertain to procedure or administrative detail and it is not practicable to provide for them in the bill itself, the delegation of legislative power is, therefore, of a normal character————abillto consolidate the laws relating to coinage and the mints, the protection of coinage and toprovide for the prohibition of melting or destruction of coins and prohibit the making or the possession thereof for issue and for matters connected therewith or incidental thereto————(shri pranab mukherjee, minister of finance)

Parliament_bills

b47db71f-40cf-51fb-b6a0-f75e62e00a33

bill no 267 of 2016 the constitution (amendment) bill, 2016 byshri nishikant dubey, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:amendment of article 722 after clause (1) of article 72 of the constitution, the following clause shall be inserted, namely:—"(1a) save as otherwise provided in clause (1), the power referred to in clause (1) shall be exercised by the president within a period of six months from the date of receipt of the petition of mercy:5provided that if the president does not exercise the power within the aforesaid period, it shall be deemed that the petition of mercy has been declined and the orders of the court in respect of the petitioner shall be enforced immediately" statement of objects and reasonsindia is one of the largest democracies in the world it gained freedom in 1947 from the british rule after a prolonged struggle and sacrifice of sons of the soil the constitution was drafted keeping in view the welfare of the citizens though the utmost care was taken while drafting the constitution to meet expectations of the citizens but there have been occasions when need arose for amending the constitution to keep pace with the changing scenario in the countryarticle 72 of the constitution empowers the president to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence though the president has been bestowed with absolute powers in this regard, no time limit has been fixed within which such power has to be exercised as a result, the mercy petitions made before the president are kept pending for a long period without any decision as a fall out of this, the convicts are to be kept guarded in jails and heavy expenditure is incurred upon them in the present situation, attempts are being made both externally and internally to hurt the harmony and vibrancy of our civil society and we are continuously facing terrorist attacks it is high time to curb anti-national activities and for that, if death penalty is awarded to a convict by any court after considering the circumstances which led them to reach such a decision based upon the gravity of the crime and such person files mercy petition before the president of india, the decision on such mercy petition should be taken within six months in order to send a strong signal among anti-national elements and to check their nefarious activitieshence this bill annexure extract from the constitution of india 72 (1) the president shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—(a) in all cases where the punishment or sentence is by a court martial;power of president to grant pardons, etc, and to suspend, remit or commute sentences in certain cases(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the union extends;(c) in all cases where the sentence is a sentence of death lok sabha———— a billfurther to amend the constitution of india————(shri nishikant dubey, mp)gmgipmrnd—2877ls(s3)—17112016

Parliament_bills

f9e42a60-f37e-5f04-8ee5-02ed4fbc2cb4

statement of objects and reasonsthe first schedule to the customs tariff act, 1975 (51 of 1975 is based broadly on the system of classification derived from the int national convention on the harmonised commodity description a coding system this system was developed by the customs cooperation council certain editorial amendments have been approv' by the council in the legal text of the harmonised system which invol minor changes in the description of certain goods these changes a proposed to be incorporated in the first schedule to the customs tar act so as to be in line with the harmonised system _ these amend- "ments will have no revenue effect " 2 opportunity is being availed of to raise the tariff rates of custo duty in respect of caustic soda in solid form and on narrow elastic tapes to protect the domestic industry 8 the bill] seeks to achieve the above objects, new delur; the 14th november, 1986 vishwanath pratap sin president's recommendation under article 117 (1) the constitution of india <[copy of letter no f348|24/86-tru (pt) dated the 17th novem 1986 from shri vishwanath pratap singh, minister of 'finance to secretary-general, lok sabha] the president, having been informed of the subject matter of the bill further to amend the customs tariff act, 1975, recommends und clause (1) of article 117 of the constitution of india, the introducti of the bill in lok sabha, annexure extracts from the customs tariff act, 1975 (51 of 1975) % the first schedule heading sub- rate of duty no heading description of article ———— no standard preferential (oe pee =) al ____ateas m @) 7 (3) of (4) (5) ie 28: 15 sodium hydroxide (caustic soda): potassium hydroxide (caustic potash): peroxides of sodium or potassium - sodium hydroxide (caustic soda) : 2815-11 -- solid 100% , e me " a 58: 06 narrow woven fabrics, other than goods of heading no 58-07 : narrow _ fabrics consisting of warp without weft assembled by means of an adhesive (bolducs) 5806°10 - woven pile f-hrics (including terry 100% towelling and similar terry fabrics) and chenille fabrics 580620 - other woven fabrics, containing by 100% weight 6% or more of elastomeric yarn or rubber tatead ~ - other woven fabrics: 5806-31 -- of cotton 100% 5806-32 -- of man-made fibres 100% 5806°39 -- of other textile materials 100% 5806°40 - fabrics consisting of warp without 100% : weft assembled by means of an adhesive (bolducs) 2 a % % 15° 12 sunflower-seed, safflower or cotton-seed oil and their fractions, whether or not refined, but not chemically modified - sunflower-sced or safflower oil and their fractions : & ® ' 15°13 coconut (copra)," palm kernel or babassu oil and their fractions, whether or not refined, but not chemically modified cocorut (copra) oil and its fractions : 151311 =- crade oil 2co% 190% 151319 -- other 200% 190% palm kernel or babassu oil and their fractions : | ; om 8 i er x4 rape, colza or mustard oil and their fractions, whether or not refined, bet not chemically modified heading sub- rate of duty no heading description of article : nt ee no standard preferential _ areas 3 _ (2) (3) (4) g) oy ee, a 30-04 medicaments (excluding goods of heading no 3002, 3005 or 3006) consisting of mixed or unmixed, products for therapeutic or prophylactic uses, put up in measured doses or in forms or packings for retail sale - is " 3004-32 -- containing adrenal cortex hormones 100% 90% % : % : 4 32:03 3203-00 colouring matter of vegetable or animal origin (including dyeing extracts but excluding animal black), whether or not chemically 'defined; preparations based on colouring matter of vegetable or animal origin as specified in note 3 to this chapter 150% 32°04 synthetic organic colouring matter, whether or not chemically defined; preparations based on synthetic organic colouring matter as specified in note 3 to this chapter; synthetic organic products of a kind used as fluorescent brightening agents or as luminophores, whether or not chemically defined - synthetic organic colouring matter and preparations based thereon as specified in note 3 to this chapter: le eos a 32-05 3205:00 colour jakes; preparations based on 150% colour jakes as specified in note 3 to this chapter 37-05 photographic plates and film, exposed and developed, other than cinematograph film % + 37: 06 cinematograph film, exposed and developed, whether or not incorporating sound track or consisting only of sound chapter 39 plastics and articles thereofnoves 9 for the purposes of heading no 3918, the expression "wall ceiling coverings of plastics" applies to products in rolls, of a width less than 45 cm, suitable for wali or ceiling decoration, consisting plastics fixed permanently on a backing of any material other than pal the plastic layer (on the face side) being grained, embossed, colo mn design-printed or otherwise decorated chapter 42articles of leather; saddlery and hamess; travel goods, handbags and similar containers; articles of animal gut (other than silk-worm gut) nottes 2 in addition to the provisions of note 1 above, heading no, 4202 does not cover: (a) bags made of plastic sheeting, whether or not printed, with handles, not designed for prolonged use (heading no 3923); | - | | | | ||------------------|------------------|----------------|---------------|---------|| heading | sub- | rate | of | duty || no | heading | description | of | article || no | | | | || | | | | || standard | | | | || prefer- | | | | || ential | | | | || 'areas | | | | || (1) | | | | || (2) | | | | || (3) | | | | || (4) | | | | || g) | | | | || 42°01 | 4201-00 | saddlery | and | hamess || (including | traces, | leads, | knee | pads, || zles, | saddle | cloths, | saddie | bags, || coats | and | the | like), | of || 4202 | trunks, | suit-cases, | vanity-cases, | || executive-cases, | brief-cases, | school | | || satchels, | spectace | cases, | binocular | || | cases, | camera | cases, | musical || cases, | gun | cases, | holsters | and || containers; | travelling-bags, | toilet | bags, | || rucksacks, | handbags, | shopping-bags, | | || wallets, | purses, | map-cases, | cigarette- | || cases, | tobacco-pouches, | tool | bags, | sports || bags, | bottle-cases, | jewellery | - | boxes, || powder-boxes, | cutlery | cases | and | similar || containers, | of | leather | or | of || leather, | of | plastic | sheeting, | of || materials, | of | vulcanised | fibre | or || paperboard, | or | wholly | or | mainly || with | such | materials, | | || - | trunks, | suit-cases, | vanity-cases, | || executive-cases, | brief-cases, | school | | || satchels | and | similar | containers | : | carter 48paper and paperboard; article of paper pulp, of paper or of paperboard notes 1 this chapter does not cover: % 3k 4 (f) paper-reinforced stratified plastic sheeting, or one layer of paper or paperboard coated or covered with a layer of plastics, the latter constituting more than half the total thickness, or articles of such materials, other than wall coverings of heading no 4814 _ (chapter 39); e lj %8 for the purposes of heading no 4814, the expression "wallp and similar wall coverings" applies only to: (a) paper in rolls, of a width of not less than 45 em and 1 more than 160 cm suitable for wall for celling decoration: a: x % (iti) coated or covered on the face side with plastics, | plastic layer being grained, embossed, coloured, design-printed otherwise decorated; or ee % cuhappteer 56 wadding, felt and nonwovens; special yarns; twine, cordage, rope cables and articles thereof : novtes ey % 3 headings nos 5602 and 5603 cover respectively felt and nonw ens, impregnated, coated, covered or laminated with plastics or tru -wkatever the nature of these materials (compact or cellular) 7 heading no 5603 also includes nonwovens in which plastics 0 _ rubber forms the bonding substance headings nos, 56,02 and 5603 do not, however, cover: t ie (c) plates, sheets or strips of cellular plastics or cell li rubber combined with felt or nonwovens, where the textil present merely for reinforcing purposes (chapter 39 or 40) ® is chapter 62articles of apparel and clothing accessories, not knitted or croc noves bo ® annot be identified as either 8 articles of this chapter which c or boys' garments or as women's or gi rls' garments are to be class: garments the heading concerning women's or girls' & % i " "_ ®heading sub- : rate t no heading deseription of article ao = - —— no standard preferential ee pied ai areas () > (2) (3) (4) g) 7209: 90 --other 100% 72°) flat-rolled products of iron or non-alloy steel, of a width of 600 mm or more, clad, plated or coated - plated or coated with tin : 721070 - painted, varaished or plastic coated 100% ® 7212:40 ~- painted, varnished or plastic coated 100% chapter 74 copper and articles thereof notes1 in this chapter the following expressions have the meanings hereby assigned to them: (b) copper alloys metallic substances other than unrefined copper in which copper predominates by weight over each of the other elements, provided that: - (i) the content by weight of at least one of the other elements shall be greater than the limit specified in the forgoing table; or chapter 75 nickel and articles thereof'notes in this chapter the fol lowing expressions have the meanings hereby assigned to them: (b) nickel alloys metallic substances in which nickel predominates by- weight over each of the other elements provided that: ® ® _ aluminium and articles thereof deh asm in this chapter the following expressions have the meanings here assigned to them: -__ a a oe? (b) aluminium alloys es ee metallic substances in which aluminium predominates weight over each of the other elements, provided that: (i) the content by weight of at least one of the ott elements or of iron plus silicon taken together shall , greater than the limit specified in the foregoing table; or = 2% yy wa ¥ : 53 ie chapter 80tin and articles thereof notes e : : in this chapter the following expressions have the meanings: hete assigned to them: b | | | | | € ||------|------|------|------|------|() tin alloys metallic substances in which tin predominates' by weig t over each of the other elements, provided that: ¢ °° soohveng (ii) the content by weight of either bismuth or copp shall be equal to or greater than the limit specified in t _foregoing table , i heading sub- ; , , rate of duty sadi description of article ; 3 ele no _ + oa standard preferential ' areas —_o q 8) a © oe 80: ox _ unwrought tin 2 8001- 10 - tin, not alloyed 40% « 'hada ne 0 ye -s- qhapter 81 other base metals; cermets; articles thereof bs}note 1 to chapter 74, defining "bars and sds, profiles", yrine? and "plates, sheets, strip and foil" shall apply, mutatis mutaidis, to t chapter © tach taken -_ 7, , section xvimachinery and mechanical, _appliances; electrical equipment; parts thereof; sound recorders and repro- ducers, television image and sound recorders and re- producers, and parts and accessories of such articles notes 1 this section does not cover: (a) transmission or conveyor belts or belting, of plastics ofchapter 39, or of vulcanised rubber (heading no 4010); or other articles of a kind used in machinery or mechanical or electrical appliances or for other technical uses, of unhardened vulcanised rubber (heading no 4016) ; heading sub- rate of duty no headirg description of article - no standard preferential areas @) (2) (3) allt (1) () 84:19 -- machinery, plant or laboratory equipment, whether or not electrically heated; for the treatment of materials by a process involving a change of temperature such as heating, cooking, roasting, distilling, rectifying, sterilising, pasteurising, steaming, drying, evaporating, vaporising, condensing or cooling, other than machinery or plant of a kind used for domestic purposes; instantaneous or storage water heaters, non-electric - instantaneous or storage water heaters, non-electric : % 8419: 60 - machinery for liquefying air or gas 10% oa other machinery, plart and cquipment, ® section xix arms and ammunition; part and accessories thereof chapter 93arms and ammunition; parts and accessories thereof notes 1 this chapter does not cover: : heading sub- rate of duty no heading : description of article sa no : fa) standard preferential areas ) (2) (3) (4) (5) 93° of 9301:00 military weapons, other "then revolvers, 100% pistols and arms of heading no 93°07

Parliament_bills

4bf6c179-b88f-5f86-a4d1-c06118a1f48e

bill no 6 of 2012 the citizenship (amendment) bill, 2012 byshri kabindra purkayastha, mpa billfurther to amend the citizenship act,1955be it enacted by parliament in the sixty-third year of the republic of india as follows:—1 (1) this act may be called the citizenship (amendment) act, 2012short title and commencement(2) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint2 in section 5 of the citizenship act, 1955, in sub-section (1),—amendment of section 5557 of 1955(i) after clause (b), the following clause shall be inserted, namely:—"(bb) a person of indian origin who has migrated or migrates to india on account of religious persecution or civil disturbance or fear of such persecution or disturbance from the territories now constituting pakistan and bangladesh;"(ii) after explanation 1, the following explanation shall be inserted, namely:—"explanation 1a for the purposes of clause (bb)—(i) a person shall be deemed to be of indian origin if he or either of his ancestors in maternal or paternal line was born in undivided india; and5(ii) a person of indian origin who has migrated or migrates to india shall not be treated as an illegal migrant or a foreigner under this act or under any other law for the time being in force" statement of objects and reasonsthe proposed amendment in the citizenship act, 1955 has become necessary, after the insertion of section 6a by the citizenship (amendment) act, 1985 (act 65 of 1985) incorporating "special provisions as to citizenship of persons covered by assam accord"because of the fact that certain category of persons have been identified as "d" voters in the electoral rolls of assamindia was partitioned in 1947 forming two countries, namely, india and pakistan(including east pakistan, now bangladesh) but with the outbreak of riots in pakistan, immediately after partition, huge number of people belonging to minority community had to flee to india owing to religious persecution, fear of such persecution, civil disturbance and the fear of civil disturbance in that country at that time government of india and the national leaders including the then prime minister, assured the people fleeing from pakistan and bangladesh due to religious persecution and civil disturbance full protection with dignity, honour and citizenship of indiathe proposed amendment in the citizenship act, 1955 (as amended till date) is required to protect the rights of the refugees from bangladesh and pakistan who had to leave their homeland owing to religious persecution or fear of such persecution or fear of civil disturbances and also to honour the solemn assurance given by the government of indianew delhi;kabindra purkayasthanovember 15, 2011 annexure extract from the citizenship act, 1955 (act no 57 of 1955)| ||----------------|| citizenship by || registration |5 (1) subject to the provisions of this section and such other conditions and restrictions as may be prescribed, the central government may, on an application made in this behalf, register as a citizen of india any person not being an illegal migrant who is not already such citizen by virtue of the constitution or of any other provision of this act if he belongs to any of the following categories, namely:—(a)(b) a person of indian origin who is ordinarily resident in any country or place outside undivided india;| | | | | ||------|------|------|------|-----|explanation 1— for the purposes of clauses (a) and (c), an applicant shall be deemed to be ordinarily resident in india if—(i) he has resided in india throughout the period of twelve months immediately before making an application for registration; and(ii) he has resided in india during the eight years immediately preceding the said period of twelve months for a period of not less than six years| | | | | ||------|------|------|------|-----|———— a billfurther to amend the citizenship act, 1955————(shri kabindra purkayastha, mp)gmgipmrnd—4066ls(s3)—03032012

Parliament_bills

7456ac91-cb56-5ed5-b120-4526a13579a0

b!l1 no at of 1_ the appropriation (railways) bill,1986 a billto authorise payment and appropriation of certain sums from clnd out of the consolidated fund of india for the betvices of the tln::ttdd year 1986-87 for the purposes of railways bz it enacted by parliament in the thirty-seventh year of the republic of india as follows:-1 thhl act may be called the appropriation (railways) act, 1986 short title 2 from and out of the consolidated fund of india there may be 5 paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of twelve thousand eight hundred and eighty-six crores, thirty-four lakhs and eighty-nine thousand rupees towards defra~ing the several charges which will come in course of payment during the financial year 1986-87, in respect of the 10 services relating to railways specift~d in column 2 of the schedule issue of rs 12886, 34,89000 out of tbe consolidated fund of india for the financ;a! year 1986-87 3 the sums authorised to be paid and applied from and out of the appro-consolidated fund bfmdia by this act 'shall be llppropriated for the prialion services and p~ ,~~~ ,in the schedule in relation to the said year the schedule (see sections 2 and 3)i ri rs rs 10 6,4724,oo? 40 ,81,52 ,000 40 ,81,52 ,000 2674~_26,ooo miaceuaneoua expendjtu~ (general) s i' gen~ superintendence and servkes on railways 4 ii repain and maintenance of pennancat way and works 2,20,000 570 ,'9,93,000 15 i ,'i7o,1773,ooo i 431,68,3 1,000 , 431 ,66,gb,ooo i 1,1'000 i 606,84,30 •000 i motive power i 6 i repain and maintenance of carriages and wasonl • 606,81,75,000 : 20 7 2,55,000 i 1,1}o,ooo i 323,84r8•ooo repain and maintenance of plant and equipment 323,82,g8ooo - 8 operating expenses-rolling stock ·and eq\dpment 490,30,15,000 490,32,5°,000 2"h,ooo i 549,94,84,000 54991,59,000 25 ~z5,000 i 9 i operating expenses-traffic 1104-047,70,000 10 operating exp~fuel i 100046,aoooo 19238,71•000 192,37,99,000 1}o,0061 i 72,000 : jj staff welfare and amenities 3°2,77,68,000 295,45,45,000 12 miicellaneoua working expenses , 7, ~2zf,ooo i 356,33,95,000 provident fund, pension and -i nther rearement benefits i 30 7~w~~ i 1635,00,00,000 1635,00,00,000 14 appropriation to fundi 15 dividmd to general lleveauei, ~yment of loadi talrenrrom general rewduei aac:i amortizatiod or <>ver-capitaliution - 1& i allea-acqu"don coditruction i and ilepla!nent jotkjo ! 25,00,00,000 revenue 2499,:;°,000 otiaer expedditure 5365,"',350000 ~~990s0,ooo 1 __ 53_6_7_,86_,8_5_,000_ statement of objects and reasons this bill is introduced in pursuance of article 114(1) of the constitutiod of india, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the experiditure charged :n the consolidated fund of india and the grants made by lok sabha in ~t of the estimated expenditure of the central government on railways for the financial year 1986-87 bansi lal president's recommendation under article 117 of the constitution of' india , -:----" [copy of letter no, 86-b-401, dated the 26th' february, 1986 from shri bansi lal, ,minister of transport to the secretary-general, lok sabha] the president, having been informed of the subject matter of the proposed appro!,riation bill to authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 1986-87 for the purposes of railways, recommends under clauses (1) and (3) of article 117 of the constitution of india, the introduction in and consideration by lok sabha, of the appropriation bill a billto authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 1986-87 for the purposes of railw&y'li (shri &nsi lcd, minibter 'oj tr4naporl)

Parliament_bills

b7f74813-65b0-56f9-b48b-8dc61d72fcee

bill no 98-c of 2006 the securities contracts (regulation) amendment bill, 2007 a bill further to amend the securities contracts (regulation) act, 1956be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title542 of 1956amendment of section 2101 this act may be called the securities contracts (regulation) amendment act, 20072 in section 2 of the securities contracts (regulation) act, 1956 (hereinafter referred to as the principal act), in clause (h), after sub-clause (id), the following sub-clause shall be inserted, namely:—"(ie) any certificate or instrument (by whatever name called), issued to an investor by any issuer being a special purpose distinct entity which possesses any debt or receivable, including mortgage debt, assigned to such entity, and acknowledging beneficial interest of such investor in such debt or receiveable including mortgage debt, as the case may be,"3 after section 17 of the principal act, the following section shall be inserted, namely: —insertion of new section 17a15public issue and listing of securities referred to in sub-clause (ie) of clause (h) of section 220"17a (1) without prejudice to the provisions contained in this act or any other law for the time being in force, no securities of the nature referred to in subclause (ie) of clause (h) of section 2 shall be offered to the public or listed on any recognised stock exchange unless the issuer fulfils such eligibility criteria and complies with such other requirements as may be specified by regulations made by the securities and exchange board of india5(2) every issuer referred to in sub-clause (ie) of clause (h) of section 2 intending to offer the certificates or instruments referred therein to the public shall make an application, before issuing the offer document to the public, to one or more recognised stock exchanges for permission for such certificates or instruments to be listed on the stock exchange or each such stock exchange10(3) where the permission applied for under sub-section (2) for listing has not been granted or refused by the recognised stock exchanges or any of them, the issuer shall forthwith repay all moneys, if any, received from applicants in pursuance of the offer document, and if any such money is not repaid within eight days after the issuer becomes liable to repay it, the issuer and every director or trustee thereof, as the case may be, who is in default shall, on and from the expiry of the eighth day, be jointly and severally liable to repay that money with interest at the rate of fifteen per cent per annum26 of 188115explanation—in reckoning the eighth day after another day, any intervening day which is a public holiday under the negotiable instruments act, 1881, shall be disregarded, and if the eighth day (as so reckoned) is itself such a public holiday, there shall for the said purposes be substituted the first day thereafter which is not a holiday20(4) all the provisions of this act relating to listing of securities of a public company on a recognised stock exchange shall, mutatis mutandis, apply to the listing of the securities of the nature referred to in sub-clause (ie) of clause (h) of section 2 by the issuer, being a special purpose distinct entityamendment of section 234 in section 23 of the principal act, in sub-section (1), in clause (c), for the word and figures "section 17", the words, figures and letter "section 17 or section 17a" shall be substituted25amendment of section 315 in section 31 of the principal act, for sub-section (2), the following sub-section shall be substituted, namely:—"(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: —30(a) the manner, in which at least fifty-one per cent of equity share capital of a recognised stock exchange is held within twelve months from the date of publication of the order under sub-section (7) of section 4b by the public other than the shareholders having trading rights under sub-section (8) of that section;(b) the eligibility criteria and other requirements under section 17a''———— a billfurther to amend the securities contracts (regulation) act, 1956————(as passed by lok sabha)mgipmrnd—2267ls(s-5)—14052007

Parliament_bills

b711f8bf-28bd-53a8-88c1-b04a1c24fbfd

bill no 46 of 2017 the inter-state river water disputes (amendment) bill, 2017 a billfurther to amend the inter-state river water disputes act, 1956be 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 inter-state river water disputes (amendment) act,20175(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint33 of 1956amendment of section 22 in the inter-state river water disputes act, 1956 (hereinafter referred to as the principal act), in section 2,—(i) for clause (a), the following clauses shall be substituted, namely:—10'(a) "chairperson" means the chairperson of the inter-state river waterdisputes tribunal referred to in section 4b;(aa) "existing tribunal" means a water disputes tribunal constitutedprior to the date of commencement of the inter-state river water disputes (amendment) act, 2017;5(ab) "member" means a member of the inter-state river water disputestribunal and includes the chairperson and vice-chairperson;(ac) "notification'" means a notification published in the official gazette;(ad) "prescribed" means prescribed by rules made under this act;'(ii) for clause (b), the following clauses shall be substituted, namely:––10'(b) "tribunal" means the inter-state river water disputes tribunalestablished under section 4;(ba) "vice-chairperson" means the vice-chairperson of the tribunalreferred to in section 4b;'3 for section 4 of the principal act, the following sections shall be substituted, namely:—15'4 with effect from such date as the central government may, by notification, appoint, there shall be established a tribunal, to be called the inter-state river water disputes tribunal, for the adjudication of water disputes:substitution of new sections 4, 4a, 4b, 4c and 4d for section 4 establishment of inter-state river water disputes tribunal20provided that on and from the date of establishment of the tribunal, all existingtribunals shall stand dissolved and the water disputes pending adjudication before such existing tribunals shall stand transferred to the tribunal:provided further that the chairmen and other members of the existing tribunals who have attained the age of seventy years as on the date of commencement of the inter-state river water disputes (amendment) act, 2017 shall cease to hold office on the expiry of three months from the date of such commencement:25provided also that a dispute which has already been adjudicated and settled byan existing tribunal prior to the date of commencement of the inter-state river water disputes (amendment) act, 2017 shall not be re-openeddisputes resolution committee304a (1) as and when any request under section 3 is received from any stategovernment in respect of any water dispute, the central government shall set up adisputes resolution committee, consisting of members from such relevant fields, as it deems fit, for resolving the dispute amicably(2) the disputes resolution committee shall try to resolve a water dispute by negotiations within a period of one year which may be extended to a further period of six months and submit its report to the central government35(3) the report submitted by the disputes resolution committee shall contain details of––(a) the stand taken by each state government during negotiation; (b) the views of members of the committee on such stand; and (c) all relevant facts, information and data relating thereto40(4) any water dispute which cannot be settled by negotiations shall be referredby the central government, by notification, to the tribunal for its adjudication within a period of three months from the date of receipt of the report under sub-section (2)composition of tribunal454b subject to the provisions of section 12, the tribunal shall consist of achairperson, vice-chairperson and not more than six members to be nominated in this behalf by the chief justice of india from amongst persons who at the time of such nomination are judges of the supreme court or of a high court:5provided that the chairmen and other members of the existing tribunals (other than members who have ceased to hold office under second proviso to section 4) shall be nominated by the chief justice of india as chairperson, vice-chairperson and members of the tribunal and they shall continue as such, subject to the provisions of section 4cterm of office4c (1) the chairperson shall hold office for a period of five years or till he attains the age of seventy years, whichever is earlier10(2) the term of office of the vice-chairperson and other members of the tribunalshall be co-terminus with the adjudication of the water dispute and they shall cease to hold office upon dissolution of the bench under sub-section (2) of section 12: provided that no member shall hold office after he has attained the age of seventy years4d (1) subject to other provisions of this act,—benches of tribunal15(a) the jurisdiction of the tribunal may be exercised by the benches thereof;(b) the chairperson may constitute a bench with three members, out of which the senior-most member shall preside over the bench:provided that a member of a bench may also be a member of another bench20explanation–– for the purposes of this clause, the term "senior-mostmember" means that a judge of the supreme court shall always be senior to a judge of a high court and their seniority shall be determined from the date of their respective appointment as the judge of the supreme court or of a high court25(2) the benches of the tribunal shall ordinarily sit at new delhi or at such otherplaces as the chairperson may decide'4 in section 5 of the principal act,—amendment of section 5(a) for sub-sections (1) and (2), the following sub-sections shall be substituted,namely:—30"(1) on receipt of a reference in respect of any water dispute from thecentral government, the chairperson shall assign such dispute to a bench of the tribunal to its adjudication35(2) the bench of the tribunal shall, before investigating the water disputereferred to it under sub-section (1), take into consideration the report submittedby the disputes resolution committee under sub-section (2) of section 4a,and forward to the central government its detailed report setting out the facts as found by it including on yield, efficiency in the use of water and such other matters as may be prescribed, and giving its decision on such dispute within a period of two years:40provided that such report shall also provide for the distribution of waterduring distress situations arising from shortage in the availability of water in such manner as may be prescribed:45provided further that if the report cannot be given within a period of twoyears for any unavoidable reasons, the central government may extend such period to a further period not exceeding one year";(b) in sub-section (3),––(i) for the words "on such reference, the tribunal may", the words "on such reference, the bench of the tribunal concerned may" shall be substituted;(ii) for the proviso, the following proviso shall be substituted, namely:—"provided that the central government may extend the period of one year to a further period not exceeding six months"55 for section 5a of the principal act, the following sections shall be substituted, namely:—substitution of new sections 5a and 5b for section 5a appointment of assessors"5a (1) the central government may appoint two experts serving in the central water engineering service not below the rank of chief engineer as assessors for each water dispute to advise the bench in the proceedings before it10(2) the term of the assessors appointed under sub-section (1) shall beco-terminus with the adjudication of the dispute and they shall cease to be assessors after the dispute is adjudicated and the final report is forwarded to the central government15filling of vacancies, temporary absence, etc5b (1) subject to the provisions of this act, if for any reason, a vacancy (other than a temporary absence) occurs in the office of the chairperson, vice-chairperson or any other member of the tribunal, such vacancy shall be filled by a person to be nominated in this behalf by the chief justice of india in accordance with section 4b20(2) in the event of the occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the vice-chairperson shall act as the chairperson until the date on which a new chairperson, nominated in accordance with the provisions of this act to fill such vacancy, enters upon his office(3) when any member of a bench of the tribunal is unable to discharge his functions owing to absence, illness or any other cause, the chairperson may assign the work of such member to any other member of the tribunal till such member resumes his work"256 for section 6 of the principal act, the following section shall be substituted, namely:—substitution of new sectionfor section 6 "6 the decision of the bench of the tribunal shall be final and binding on the parties to the dispute and shall have the same force as an order or decree of the supreme court"decision of bench of tribunal binding on parties307 for section 9a of the principal act, the following section shall be substituted, namely:––substitution of new section for section 9amaintenance of data bank and information35"9a (1) the central government shall, for the purposes of maintaining a data bank and information system at the national level for each river basin, appoint or authorise an agency which shall maintain data relating to water resources, land, agriculture and such other matter, containing such particulars and in such manner, as may be prescribed(2) as and when required by the central government, the state government shall make available the data relating to any of the matters referred to in sub-section (1) to the central government or to the agency appointed or authorised under sub-section (1)40 (3) the central government or the agency referred to in sub-section (1) shall have powers to summon and verify any data, record or other relevant information received from the state government"8 for section 10 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 1045"10 the salary and allowances payable to, and the other terms and conditions of service of, the chairperson,vice-chairperson, other members and assessors shall be such as may be prescribed''| terms | and ||---------------|-------|| conditions of | || service | of || members and | || assessors | |9 for section 12 of the principal act, the following sections shall be substituted, namely:—substitution of new sections 12 and 12a for section 12 dissolution of bench5"12 (1) after any water dispute assigned to a bench of the tribunal is adjudicated and it submits its decision or report, the central government shall, on the recommendations of the chairperson, dissolve that bench(2) upon dissolution of the bench under sub-section (1), the members of that bench (excluding chairperson) shall vacate their respective offices: provided that where a member of a bench is also a member of another bench, such member shall continue as a member of such other bench1012a (1) upon the dissolution of a bench of the tribunal under section 12, thestaff of such dissolved bench shall be,––staff and assetsof dissolvedbench(i) made available to any other bench, if so required; or (ii) repatriated to their parent cadre, in such manner as may be prescribed15(2) the assets and properties of the dissolved bench shall be transferred to thecentral government or to the concerned state government which provided such assets and properties"amendment of section 1310 in section 13 of the principal act, in sub-section (2), for clauses (a) to (f), the following clauses shall be substituted, namely:–––20"(a) the form and the manner in which a complaint as to any water dispute maybe made by any state government under section 3; (b) the other matters, and the manner of providing for distribution of water during stress situations arising from shortage in the availability of water, under sub-section (2) of section 5;25(c) the other matters in respect of which the tribunal may be vested with thepowers of a civil court under clause (d) of sub-section (1) of section 9;(d) the procedure to be followed by the tribunal under sub-section (4) ofsection 9;30(e) the other matters in respect of which data is to be maintained, the particularsthereof, and the manner of maintaining such data under sub-section (1) of section 9a;(f) the salaries and allowances payable to, and the other terms and conditions ofservice of, the chairperson under section 10;35(g) the allowances or fee payable to, and other terms and conditions of serviceof, the vice-chairperson, other members and assessors under section 10;(h) the manner in which the staff of the dissolved bench shall be dealt with under sub-section (1) of section 12a;(i) any other matter which has to be, or may be, prescribed"11 for section 14 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 145"14 the ravi and beas waters tribunal constituted prior to the date of commencement of the inter-state river water disputes (amendment) act, 2017 shall stand dissolved and the water disputes pending adjudication before it shall stand transferred to the tribunal:matters relating to ravi and beas water tribunalprovided that the concerned bench shall proceed to deal with such dispute from the stage at which it was so transferred" statement of objects and reasonson account of increase in demand for water by the states, the inter-state river water disputes are on the rise though the inter-state river water disputes act, 1956 (33 of 1956) provides for a legal framework to address such disputes, it suffers from many drawbacks under the said act, a separate tribunal has to be established for each inter-state river water disputes only three out of eight tribunals have made awards which are accepted by the states though the cauvery and ravi beas water disputes tribunals have been in existence for over 26 and 30 years respectively, they have not been able to make any successful award till date further, there is no provision in the act fixing time limit for adjudication by a tribunal or for any upper age limit for the chairman or a member of a tribunal there is no mechanism for continuation of work on occurrence of any vacancy in the office of the chairman or a member of a tribunal nor is there a time limit for publishing the report of the tribunal all these drawbacks are causing delay in the adjudication of water disputes2 the inter-state river water disputes (amendment) bill, 2017 seeks to streamline the adjudication of inter-state river water disputes and make the present legal and institutional architecture robust the bill proposes to introduce a mechanism to resolve the water dispute amicably by negotiations through a disputes resolution committee, to be established by the central government consisting of experts from relevant fields, before such dispute is referred to the tribunal3 the proposed bill further seeks to provide for a single standing tribunal (with multiple benches) instead of multiple tribunals, which shall consist of one chairperson, one vice-chairperson and not more than six members while the term of office of the chairperson is five years or till he attains the age of seventy years, whichever is earlier, the term of office of vice-chairperson and other members of the tribunal shall be co-terminus with the adjudication of the water disputes it is also proposed that the assessors, who provide technical support to the tribunal, shall be appointed from amongst experts serving in the central water engineering service not below the rank of chief engineer the total time period for adjudication of a water dispute has been fixed at a maximum of four and half years the decision of the bench of the tribunal shall be final and binding on the states concerned, with no requirement of its publication in the official gazette4 the proposed bill also seeks to provide for transparent data collection system at the national level for each river basin and for this purpose, an agency to maintain databank and information system shall be appointed or authorised by the central government5 the bill seeks to achieve the above objectivesnew delhi;uma bhartithe 1st march, 2017 financial memorandumclause 3 of the bill seeks to substitute new sections 4, 4a, 4b, 4c and 4d for section 4of the inter-state river water disputes act, 1956 the proposed section 4 seeks to establish a single standing inter-state river water disputes tribunal with multiple benches, which shall initially be constituted by merging of existing five tribunals as existing premises with necessary furniture are already available, no new premises or furniture are required for establishing the office of the new standing tribunal therefore, no non-recurring expenditure would be involvedit is proposed to establish a single standing tribunal with multiple benches, instead of multiple tribunals, by merging existing five tribunals the new tribunal shall consist of one chairperson, one vice-chairperson and not more than six members further, after the new tribunal is established, the 107 sanctioned posts in the existing tribunals are proposed to be reduced to 80 posts therefore, on establishment of proposed new tribunal, the estimated annual recurring expenditure is likely to be reduced from existing rs 8 crores to rs 55 crores, thereby saving rs 25 crore per annumthe bill, if enacted, therefore, does not involve any recurring or non-recurring expenditure memorandum regarding delegated legislationclause 10 of the bill seeks to substitute clauses (a) to (f) of sub-section (2) of section13 relating to power to make rules the proposed amendments seeks to provide for rule making powers in respect of —(i) the other matters and the manner of providing for distribution of water during stress situations arising from shortage in the availability of water;(ii) the other matters of which data is to be maintained, the particulars such data shall contain and the manner in which such data shall be maintained; and(iii) the manner in which the staff of the dissolved bench shall be dealt withthe matters in respect of which the rules may be made are generally matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the inter-state river water disputes act, 1956 (33 of 1956) definitions 2 1n this act, unless the context otherwise requires,—(a) "prescribed" means prescribed by rules made under this act; (b) "tribunal" means a water disputes tribunal constituted under section 4; constitution of tribunal 4 (1) when any request under section 3 is received from any state government inrespect of any water dispute and the central government is of opinion that the water dispute cannot be settled by negotiations, the central government shall, within a period not exceeding one year from the date of receipt of such request, by notification in the official gazette, constitute a water disputes tribunal for the adjudication of the water dispute:provided that any dispute settled by a tribunal before the commencement of the inter-state water disputes (amendment) act, 2002 shall not be re-opened(2) the tribunal shall consist of a chairman and two other members nominated in this behalf by the chief justice of india from among persons who at the time of such nomination are judges of the supreme court or of a high court(3) the central government may, in consultation with the tribunal, appoint two or more persons as assessors to advise the tribunal in the proceedings before itadjudication of water disputes5 (1) when a tribunal has been constituted under section 4, the central governmentshall, subject to the prohibition contained in section 8, refer the water dispute and any matter appearing to be connected with, or relevant to, the water dispute to the tribunal for adjudication(2) the tribunal shall investigate the matters referred to it and forward to the central government a report setting out the facts as found by it and giving its decision on the matters referred to it within a period of three years:provided that if the decision cannot be given for unavoidable reasons, within a period of three years, the central government may extend the period for a further period not exceeding two years(3) if, upon consideration of the decision of the tribunal, the central government or any state government is of opinion that anything therein contained requires explanation or that guidance is needed upon any point not originally referred to the tribunal, the central government or the state government, as the case may be, within three months from the date of the decision, against refer the matter to the tribunal for further consideration, and on such reference, the tribunal may forward to the central government a further report within one year from the date of such reference giving such explanation or guidance as it deems fit and in such a case, the decision of the tribunal shall be deemed to be modified accordingly:provided that the period of one year within which the tribunal may forward its report to the central government may be extended by the central government, for such further period as it considers necessary filling of vacancies5a if, for any reason a vacancy (other than a temporary absence) occurs in the office of the chairman or any other member of a tribunal, such vacancy shall be filled by a person to be nominated in this behalf by the chief justice of india in accordance with the provisions of sub-section (2) of section 4, and the investigation of the matter referred to the tribunal may be continued by the tribunal after the vacancy is filled and from the stage at which the vacancy occurredpublication of decision of tribunal6 (1) the central government shall publish the decision of the tribunal in the official gazette and the decision shall be final and binding on the parties to the dispute and shall be given effect to by them(2) the decision of the tribunal, after its publication in the official gazette by the central government under sub-section (1), shall have the same force as an order or decree of the supreme court maintenance of data bank and information9a (1) the central government shall maintain a data bank and information system at the national level for each river basin which shall include data regarding water resources, land, agriculture, and matters relating thereto, as the central government may prescribed from time to time the state government shall supply the data to the central government or to an agency appointed by the central government for the purpose, as and when required(2) the central government shall have powers to verify the data supply by the state government, and appoint any person or persons for the purpose and take such major as it may considered necessary the person or persons to appointed shall have the powers to summon such records and information from the concerned state government as are considered necessary to discharge their functions under this section10 the chairman and other members of a tribunal and the assessors shall be entitled to receive such remuneration, allowances or fees as may be prescribed allowances or fees for chairman of tribunal and assessorsdissolution of tribunal12 the central government shall dissolve the tribunal after it has forwarded its report and as soon as the central government is satisfied that no further reference to the tribunal in the matter would be necessary13(1) power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for or any of the following matters, namely:—(a) the form and manner in which a complaint as to any water dispute may be made by any state government;(b) the matter in respect of which a tribunal may be vested with the powers of a civil court;(c) the procedures to be followed by a tribunal under this act;(d) the remunerations, allowances or fees payable to the chairman and other members of a tribunal and assessors;(e) the terms and conditions of service of officers and assessors of the tribunal; (f) any other matter which has to be, or may be, prescribed constitution of ravi and beas waters tribunal14(1) notwithstanding anything contained in the foregoing provisions of this act, the central government may, by notification in the official gazette, constitute a tribunal under this act, to be known as the ravi and beas waters tribunal for the verification and adjudication of the matters referred to in paragraphs 91 and 92, respectively, of the punjab settlement(2) when a tribunal has been constituted under sub-section (1), the provisions of sub-sections (2) and (3) of section 4, sub-sections (2), (3) and (4) of section 5 and sections 5a to 13 (both inclusive) of this act relating to the constitution jurisdiction, powers, authority and bar of jurisdiction shall, so far as may be, but subject to sub-section (3) hereof, apply to the constitution, jurisdiction, powers, authority and bar of jurisdiction in relation to the tribunal constituted under sub-section (1)(3) when a tribunal has been constituted under sub-section (1), the central government alone may suo motu or at the request of the concerned state government refer the matters specified in paragraphs 91 and 92 of the punjab settlement to such tribunalexplanation—for the purposes of this section, "punjab settlement" means the memorandum of settlement signed at new delhi on the 24th day of july, 1985 lok sabha———— a billfurther to amend the inter-state river water disputes act, 1956————(ms uma bharti, minister of water resources, river development and ganga rejuvenation) to the inter-state river water disputes (amendment) bill, 2017 [to be/as introduced in lok sabha]1 page 8, line 3 from the bottom,- for "rs 25 crore per annum" read " rs 25 crores per annum " new delhi; march 8, 2017______ phalguna 17, 1938 (saka)

Parliament_bills

6ba250ac-0806-546b-ab4c-a76eece10b64

statement of objects and reasonsin our country, there are lakhs of illegal immigrants who have come from many countries our country is poor and cannot afford to feed the immigrants there have been complaints that these people indulge in criminal activities they take the share of benefits which would have been otherwise available to bona fide citizens they harass the genuine citizens and usurp their rights one central act namely the illegal migrants (determination by tribunals) act, 1983 is there but it has proved to be ineffective it is, therefore, proposed to set up a commission to identify and deport illegal immigrants to the countries of their origin due care will be taken not to harass bona fide citizens by repealing the existing central act hence this bill new delhi; satish pradhan february 19, 2001clause 3 of the bill provides for setting up of the national commission for identification and deporting of illegal immigrants from the country clause 4 provides for salaries and allowances payable to the chairman and other members of the commission clause 5 provides for setting up of state commission for a state or a group of states and clause 6 provide for salaries and allowances payable to the chairman and other members of state commission the bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about one crore per annum a non-recurring expenditure of about rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause 3 of the bill empowers the central government to frame rules for carrying out the purposes of the bill since the rules relate to matters of detail only, the delegation of legislative power is of a normal character

Parliament_bills

ffb6604a-10d7-56d9-aa1b-e98f03907314

the chit funds bill, 1980 l-to be/as introduced in 10k sabha 71 - page (iii), 1 ine 1 5, -!:ll: "lea vy" ~ "levy" 2 page 1, in the marginal heading to cl~use 2,-~ "definitionj' ~ "defini tionsl' 3 page 2, in the marginal citation ag~inst line 1,-fqi "1948" ~ "194ry" 4 page 14, line 28,-!or "towrads" ~ "towards" 5' - page 18, 1 ine 10 , -fq1: "subscribes"r§aq "subscribers" , page 24, line 49,-!ol: "bill" ~ "just" 7 p~~c 27, line 10,-after "foreman" insert "such" 8 page 29, in the m::trgin;:)l heading to clause 87,-1qi: ''un ter" nll!l "under l1 9 page 31, ~g!1inst sno11, under the head "liabilities",-fqr "profi ts" ~ ''profit'' 1 0 page 40,-!qi line 8 read "cl~use f-4 provides f'or the ref'erence of' any dispute touching tho" 11 page 40, line 28,-for "p 9rtie s of" ~ ''parties to" clml'ter'i p, • ,"cuuas 1 short title, extent and· collude_amat • 2 deftnitioluli: 3" aatr toovemide, other laws, memoranlium,art1det, etc chapter it ralmfta'i'ion or chits, commencement and conduct or chl'i' busihaiof prohibition of chits not sanctioned or registered under the act 5 prohibition of invitation for subscriptions' eeept 'un"" certain conditio e form of chit agreement 7 filing of chit agreement' 8 minimum capital requirements for the commencement, etc, o! a chit, and creation of a reserve fund, by a company 9 commencement of chit 10 copies of chit agreement to be gi'yen to subiclliben~ 11 prohibition of the use of the words "chit", "~hit fund", ~hittv' or "kurih - 12 prohibition of transacting business other than chit busmell by a compallf 13 aggregate amount of chits 1f utilisation ot funds 15 alteration of ehit agreement 16 date, time, ,and, place' of conducting ,clillls 1' minutes of proceedings 18 copies oj minutes to be filed with registrar 19 restriction on opening o~ new place of business chapter· iii rights and dutij!8 or· j'ori:kalf, ~ security to be given· by foreman' 21 rt~· of· ·foreman ' 22 duties of foreman 23 books, records, etc, to be kept by foreman 204 balance-sheet 25 liability of foreman to subscribers 38 withdrawal of foreman chapter iv rlgb'l's and duties of non-prized subscribers cuusbs27 non-prized subscribers to pay subscriptions and obtain receipts 2& removal of defaulting subscribers 29 substitution of subscribers 30 amounts due to defaulting subscribers chapter v rights and dunes of prized subscribers31 prized subscriber to furnish security 32 prized subscriber to pay subscriptions regularly 33 foreman to demand future subscriptions by written notice chapter vitransfers 34 reatrictions on transfer of rights of foreman 35 transfer of non-prized subscriber's rights to be in writing 36 recognition of transfer by foreman 37 entry of transferee's name in the books chapter vii meetings 01" general body of subscribers38 :meetings of general body of subscribers chapter viii termination of chits39 provision for continuation of chits in certain cases 40 termination of chits 41 copy of assent or consent to be filed with registrar 42 refund of non-prized subscribers' subscriptions 43 subscribers' dues to be first charge on chit assets chapter i¥ inspection of documents4t foreman to allow certain subscribers to inspect chit recorda 45 preservation of chit records by foreman 46 inspection of chit books and records by registrar 47 power of reserve bank to inspect chit books and recorda chapter x winding up of chits48 circumstances under which chita may be wouncl up application for winding up 50 bar to winding up proceedings culjllls51 commencement and effect of winding up order 52 injunction order 53 powers of registrar 54 vesting of chit assets in registrar or other period 55 suits, etc, to be stayed on winding up order 56 notfication of winding up order 57 c~'ation of winding up proceedings on insolvency of foreman, etc, or the winding up of the company and transfer of such pro-~p i 58 award of compensation to foreman 59 riaht to appeal 60 limitation chapi'er xiappointment of ol-'flcers and leavy 01' j'i:iis 61 appointment of registrar and other officers 62 inspection of documents ill registrar's office 63 levy of fees chapterxll disputes and arbitranon64 disputes relating to chit business 65 period of limitation 66 settlement of disputes 67 procedure ior settlement of disputes and powers of regiatrat 01' nominee 68 attachment before judgment and other interlocutory ordera 69 decision of registrar or nominee 70 appeal against decision of registrar or nominee 71 money how recovered 72 private transfer of property made after issue of certificate void against foreman chapter xiii miscellaneous73 advisory role of reserve bank 74 appeals 75 powers of registrar to give extension of time for filing document 76 penalties 77 application of fine 78 offences by companies 79 cognizance of offences 80 power to compound offences 81 power to enter and search any place and to seize any documentl a officel's to be public servants cia~83 power to d~te 84 act not to apply to certain chits 65 certain banks not to conduct chit busin- 86 power to jtujapt 87 protection of action aken lunder rille ac:l 88 power to make rules o •• ,,apeal 811d,wdng the schedulea bill to provide for the regulation of chit funds and formatters connected the-rewtth -be it enacted by parliament in the thirty-first year of the republic of india as follows:-chaprer i p'rellminary'i 1 (1) this act may be called the chit funds act, 1980 (2) it extends to the whole of india except the state of jammuland kashmir (3) it shall come into force on such date as the central govemment may, by notification in the official gazette, appoint and dufetent dates short title utent and commencement to may be appointed for different states z in this act, \ullesa the context otherwise, req\liras,-deftnitlod 23 of 19~ 88 of 18" 15 ~ of 19'70 21 of 1976 (a) "approyed bank" means the state bank of india constituted under section 3 of tile state bank of india :act, j1i55, ~r a subsidiary bank constituted under section 3 of the state"amk of india (subsidiary banks) act, 1959, or a corresponding new bank «:anbtituted under section 3, of the banking compadies '(acquibition ,and transfer ofunder1ia~gs) act, 1970,ior a regioaal rlualbank :established jmder aection 3 of the &ilonal' rural banks act, i9t6, or a corresponding new bank constituted under section 3 of the ,banking; cmnpaaies j~acquisttion '8lld -tresferof 'undertak1nga) 20 act, 1980, ur a bankin& company as defined under clauee(c) of mt 1980 tion 5 af the banking regulation act, 1949, or a banking institution notified by the central government under section 51 of that act ~ such other banking institution as the state government may, m consultation with the reserve bank, approve for the purposes of thds act; 5 (b) "chit" means a transaction whether called chit, chit fund, chitty, kuti or by any other name by or under which a person enters into an agreement with a specified number of persons that everyone of them shall subscribe a certain sum of money (or a certain quantity of grain instead) by way of periodical instalments 10 over a definite period and that each such subscriber shall, in his tum, as detennined by lot qr by auction or by tender or in such other manner as may be specified in the chit agreement, be entitled to the prize amount explanation-a transaction is not a chit within the meaning 15 of this clause, if in such transaction,-(i) some alone, but not all, of the subscribers get the prize amount without any liability to pay future subscriptions; or (ii) all the subscribers get the chit amount by turns with 20 a liability to pay future subscriptions; (c) "chit agreement" means the document containing the articles of agreement between the ~orcman and the subscribers relating to the chit; (d) "chit amount" means the sum-total of the subscrioptions 2r) payable by all the subscribe s i;ar any instalment of a chit without any deduction of discount or otherwise; (e) "chit business" means the business of conducting a chit; (f) "defaulting subscriber" means a subscriber who has de;· faulted in the paym~nt of subscriptions due in accordance wioth the 3n terlds of the chit agreement; (g) "discount" means the sum of money or the quantity of grain which a prized subscriber is, under the terms of the chit agreement, required to forego and which is set apart under the said agreement to meet the expenses of running the chit or for distrlbu- 35 tion among the subscribers or for both; (h) "dividend" means the share of the subscriber in the amount of discount available under the chit agreement for rateable distribution among the subscribers at each instalment of the chit· - (1) "draw" means the mflnner specified in the chit agreement 4[) for the purpose of ascertaining the prized subscriber at any instalment of the chit; (;) "foreman" means the person who under the chit agreement is responsible for the conduct at the chit and includes any person discharging the functions of the foreman under section 39; 45 (k) "non-prized subicriber" does not include a defaulting aub jlriber; (0 "preacribed" means prescribed by rules made under tbw act; (m) "prize amount" means the difference between the c:hit amount and the discount, and in the case of a fraction of a ticket s means the difference between the chit amount and the discount proportionate to the fraction of the ticket, and when the prize amount is payable otherwise than in cash, the value of the prize amount shall be the value at the time when it becomes payable; (n) "prized subscriber" means a subscriber who has either re-10 ceived or is entitled to receive the prize amount; (0) "registrar" means the registrar of ch~ts appointed tinder ection 61, and includes an additional, a joint, deputy or an auf& tant registrar appointed under that section; 1011931 (p) "reserve bank" means the reserve bank of india con:;tituted under the reserve bank of india act, 1934; 15 (q) "state government", in relation to a union territory, me8jui the administrator of that union territory appointed by the president under article 239 of the constitution; (r) "subscriber" includes a person who holds a fraction of a 20 ticket and also a transferee of a ticket or fraction thereof by assignment in writing or by operation of law; (8) "ticket" means the share of a subscriber in a chit 3 save as otherwise expressly provided in this act,-act te override other lawsm randum, articlm, etc (a) the provisions of this act shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force or in the memorandum or articles of association or bye--iaws or in any agreement or resolution whether the same be registered, executed or passed, as the case may be, before or after the commencement of this act; and 30 (b) any provision contained in the memorandum, articles, byelaws, agreement or resolution aforesaid, shall to the extent to which it is repugnant to the provisions of this act, become or be void, as the case may be chapter ii35 registration of chits, commencement and condttcr of chit bttsinms 4 (1) no chit shall be commenced or conducted without obtaining the previous sanction of the state government within whose jurisdiction the chit is to be commenced or conducted or of such officer as may be empowered by that government in this behalf, and unless the chit is regil-40 tered in that state in accordance with the provisions of this act: prohibition of chits not sanctioned or registered under the act provided that a sanction obtained under this sub-section shall lapse if the chit is not registered within six months trom the date of such sanction or within such further period or periods not exceeding six months in the aggregate as the state government may, on application 45 made to it in this behalf, allow (2) an application for the purpose of obtaining a sanction under sub-5ection (1) shall be made by the foreman in such form and fn such manner u may be prescribed (3)'''''rtie prevtous'sanction"refened'to in'sub-4eetfmp(j) _y'be refuaed, if the foreman,-(ol had been' eollvicted-of any offence under'thti aet 'or under any other ac!t regulating chit business; 'or (b), had, defaulteclin, the payment of fees or the tuid& of any 5 iwemedt or ,reoerd, required, to be paid or· ,filed udder tbiiact or had violated any of; the· proviaiors of thia act or the rules, made thereunder; or (e) had been eonvicted ot any offence involving, moral tlupitude and sentenced to imprisonment for flny such offence unless a period 10 of five years has elapsed sincf' his release: provided that before'refusing, any such sanation, the foremanshall be given a reasonable opportunity of being heard (4) the order of the state government and; subject to the pruvibiod8 ot'sab-section' (5~, the order of the officer empowered under sub-section is (1)- t:dng' or refusing previous·sanction under this section shall be final (5) any person aggrieved by the refusal to issue previous sanction by an oftleer empowered undet" sub-section (1) may appeal to the state 60vernment within thirty days of the "ate of communication to him of such refusal and the decision of that government on such appeal shan be 20 final 5;noper8ol1 shall issue (lr cause to be issued any notice, circular, prospectus,' proposal or other document inviting the public to subseribe for tickets in any chit unless such notice, circular, prospectus pronosal or decumeabcontains a statement that the previous sanction required under 25 see&iod' 4t has ~ obtained and the particulars of such sanction prob1bwon o{ invit tion for subacjip tiona except under certain condwona :ron of chit agreement 1'-, (1) every chit agreement shall be in duplicate and shall be signed by the subscribers or by any person authorised by them in writing and the foreman and attested by at least two witnesses and it shall contain the following particulars, namely~-30 (a)' full 'name' and reeidential adcbess of' every subseriber; (b)! the,number of tickets including the fraction of a ticket held by' eaeh' subtieriher; (e) the number 'of' instalments; add the aldould paya'blefor eaah tictetat fiver'! instalment; 35 (d) the date of commencement and the duration of the chit; () tt· 1d88iilir of 8bcel'taini~, the prized subscriber at each idltali l! t; (f) the maximum amount of discount whleh the prized mbiiedber: has to forego at any instalment; 4d (g)therldgde',odpropoljuon in ,which the disooujat isdijtrtbutable by way of dividend, foreman's commission 01' remueratton or expenses for rwming the drlt, g the caee may b8; qi) the date, time ~nd pjace at wluch the ehit ie ,jio':be ,ctrp,wn; ' ' :' ~ - , ~ ,', ,'' i ' (i) the instalment at which the foreman is to get the cl1tt alnautm; (j) the name of th~ approved bank in 'which ehjt modeys shall be deposited by the foreman under the provisions of" t'hmi act;· (k) where the foreman is an individual, the manner in which:a chit shan be continued when such individual dies or becomes of unsound mind or is otherwise incapacitated; (l) the consequences to which a non-prized· ,or prized subscriber or the foreman shall be hable in case of violation' of gy i»f the 10 pro\' ;sions of the chit agreement; : (m) the conditions tinder which a subscriber shall be treated as a defaulting subscriber; (n) the nature and particulars of the security to be offered by the foreman; 15 (0) the dates on which and time during which the foreman shall, subject to the provisions contained in section 44, allow inspeetlon of chit records to non-prized and unpaid prized subscribers; 20 (p) the names of the nominees of each subscriber, that is to lay, the names of the pm"selt,:; t~j whom the bene1its accruing to the 1ut criber under the ('hit m(iy be paid in the case of the death of tile subscriber or when he is otherwise incapable of making an qree ~t; ~ (q) any other particulars that may, from time to time, be prescribed ~s expla1lation,-for the purposes or this sub-section, it shall be sumcient if the sig:1att1l'f> d: cci<:h subscriber is obtained in separate copies of the agreement (2) the duration of a chil shall not extend ~eyond a period of five years from the date of its commencement: 30 provided that the state government may permit the·duration of a chit up to a period of ten years if it is satisfied that it is' neceuary 10 110 4" having regard to,-(a) the financial condition cif the foreme; - i • (b) his method~ of uperatijn;· 3s (c) the interests of prospective subscribers; (d) the requirements as ~o security; and (e) such other factors as the circumstances of the case may re-quire (3) the amo,\ult of discount referred to in clause (f) of sulhection 40 (1) shall not exceed thirty per ct>nt of the, chit amount (4) where the prized subscriber ~t any instalment of, the, chit is required to be determined by auction ['nd tnore thtm one 'pentron oller the maximum discount, the prized subs-crjhl'" shall b~ determin~ by "lot 1' ( (i) ," ellit , ••• t ikall be -tuad ill duplicate , the be-~~ wit,iul~ ~strar (j) t_ ~~iz ~l retain one copy of the chit atreement aftg return thtt' •• plicate to the farernaa with an endorsement that the chit ag,reement has been registered: s plrovided that the reeis:trarm~y refuse to register the chit agreement en anyone or more of ute following grounds, namely:-'(e) that the security offered by the foreman under section 20 is 'insglleient; (b) that the foreman had been convicted of any offence udd 10 'thtl act or under any other act regulating chit business; (c) that the foreman had defaulted in the payment of fees or the ftlm, of any statement or record required to be paid or flied under this act or had violated any of the provisions of this act or the niles made thereunder: 15 _ fl;ovided further that before refusing to register a chit under the first proviso, the foreman shall be given a reasonable opportunity of being heard, • (3):~",efy ~dorsement made under sub-section (2) shall be conclujpve, ,evidence that the chit is duly registered under this act 20 i (1) notwithstanding anything contained in the companies act, 1956, but subject to the provisions of this act, a company shall !lot com-·ruence' or earry on chitbuliiness \jnless it has a paid-up capital of not less than rupees one lakh, (2) every company having a paid-up capital of less than rupees one 25 'i !lkh and carrying on chit business on the commencement of this act, shall, befjre the expiry of a period of three years from such commeneement, increase its paid-up capital lo not less than rupees one lakh: minimum capital requirement, for the commencement, etc, of a chit, anel ereationo! a reserve fund, by a company provided that the state government may, if it considers it necessary in the public interest or for avoiding any hardship, extend the said period 30 at three yufs iu, respect of any company by such further period or p,erjocli not ~caedinl two yeats in the aggregate: provided further that no such company shall commence any new emit the duration of which would extend beyond the said period of three yeare: or such extended period or periods under the first proviso unless it in- 35 creases its paid-up capital to not less than rupees one lakh (3) every company carrying on chit business shall create and maintain a reserve fund and, shah;' out of the balance of profit of each year as diiclohd id ita proat 8j1d loss account and before any dividend is declared, transfer to such reserve fund, a sum equal to not less than twenty 40 per cent of such profit (4) no com»any shall appropriate any sum or sums from the reserve fund e~cept with the prior approval· of the registrar and, for the purpose of obtuliql ncb approval, it shall make all application in the pr8lcribed fg~,to the, bepuar explaiqiu, the circ\lmstances relating to such ap- 4s pr~ ' • 4 -,, ",-_~ "_ •• - ~ _, '' 10 , ,~t •• - ",l·_t ',,(i) ·£ftl) fmoeman shall, after all the tickett apec:iaed,mtba chlt aldeemeat are· fully subscribed, ale a declaration to tmt e8ect with registrar mene rnent of chit (2) ~ soon as may be dter a declaration :ia tiled uncler iubsectioll 5 (1), th"registrar shall, after satisfying himself taat au the requir ments relaij,na to 8anction, registration of chit add other matters have been duly complied with, grant a certificate of commencemellt totli foreman (3) no foreman shall commence any auction or the draw of j1ny chit i (lor appropriate any chit amount wue811 a certificate of commedeemern referred to in sub-section (2) ~,; obtained by him 10 (1) a foreman shall, as soon 81 may be after he has obtained the certificate of commencement under sub-section (2) of section 9, but not later than the date of the first draw of the chit, furnish to every sub-15 scriber, a copy of the chit agreement certified to be a true copy copies r chit al1'eement t be aiven to subscribers (2) a foreman shall, within fifteen days after the close of the month in which the draw for the first instalment of the chit is held, file with the registrar, a certificate to the effect that the provisions of sub-section (1) have been complied with 211 11 no person shall carryon chit business unless he uses as !,jart of his name any of the words "chit", "chit fund", "chitty" or "kuri't an,d no person other than a person carryini an chit businqs shall use' as part of his name any such word 12 (1) except with the general or special permission of the state 2) government, no company carrying on chit business shall conduct any other business (2) where at the commencement of this act, any company is carryina on any business in addition to chit business, it shall wind up sueh other business before the expiry of a period of three years from such commence-30 ment: prohibition of the ijse of the words "chit" "chit ' fund", "chtttv" or "cu,;", prohibition gl tradmctlnl btjslmml other than chit tuarlled by a colapan), provided that the state government may, if it considers it nece81817 in the public interest or for avoiding any hardship, extend the said period of ~ years by such further period or periods not exceeding two years in the aggregate 13 (1) no foreman, other than a firm or otller 88iociation of individuals or a company, shall commence or conduct chits, the acgregate chit amount of which at any time exceeds ten thousand rupees agre-"ate amount ot cb1ts (2) where the foreman is a firm or other associatioll of inciivittuals, the aggregate chit amount of the chits conducted by the firm :>r other '\ , 40 association shall not at any time exceed,-(a) where the numbec of partners of the arm or theindi\1iduala constituting the association is dot leas tam tour, - iuiil et forty thousand rupees; (b) in any other case, a sun:: calculated on the b~sisof ten thousand rupees with respect to each slolch partner ·btui~w 5 tj) where the fortman is a company the aggregate chit aidoudt of the chits colllhtctecl by itshau not at any time exceed ten timet the at as&ets of the company e:rptamtion-for the purposes of tills sub-section, ":net assets" ihall mean the total assets of a eompany less the total outside liabilitiel, bad and doubtful debts as certified by the auditors for which no prcmiod baa been made and other intangible assets such as deferred revenue expenditure as disclosed by the last audited balance-sheet of the company utiu uon u (l) n<> person carrymg on chit business shall utilise the' moneys i')f fimda collected in respect ot such business except for-(a) carr)'ing on chit business; or (b) giving loans and advances to non-prized subscribers on the security of subscriptillns pald by them; or (c) investng in trustee securiiit!s wiclin the meaning of sec-hon 20 of the indian trusts act, 1882; or t 5 2 of 1- (d) making deposits with approved banks mentioned in the chit aareement (02) where any per'sun carrying un chit bublness has l1tililed the moneys collected in respect of such business before the commencement of this act, otherwise than for the purposes spec,iied in sub-sectton (1) ~(\ lie shall secure that so much o~ such moneys as nave not been realiled 'before such commencement are rea:ised before the expiry of a period of three years from such commencement: provided that the state govcrn:nent may, if it considers it nace "y in the public interest ql' for avoiding any hardship, extend the said period 2~ of three years by such further period or periods not exceeding two years in the aggregate ,!::tion 15 (1) subject to the provisions of this act and of the chit agreement, t the subscribers to a chit may, by a special resolutlon-(a) alter- or add to the chit agreement such provisions as may be go necessary in respect qf all or any of the following matterb, namel!y:_ (i) the date on which, or the time at which, or the place where, the chit is to be conducted; (ii) , the reduction of the chit amount· , (iii) the continuance of the chit in accordance with the pre- 35 visions of section 39; (iv) the suspension or the prolongation of the chit; (v) the termination of the chit; (b) omit 'the name of any approved bank mentioned in the chit agreement or add the name of any approved bank; or 40 (c) alter any ?f the arti~les of the chit agreement that :may be found to be mcollslbtet:jt with any oj the provisions of this act orule rules mad~,the~under {2) 'any &iteration, ~ddition or omission made undersubseetton (1) ~aul bebe vabl~d as if1i~kt ,is originally contained in th, chit agreement aru:i 45 - ' au led, ~~ ' ,,~, ~anner, u:l alterath),n, addition or amlulon by a ip~a!!~~:"""" ', ,' , , tj) a uue copy of every special resolution passed under sub-section (1) or~ (2) shall be med by the foreman with the registrar within twenty-one days from the date of such resolution (4) the foreman ihall-«(i,) inpply to every subscriber, by registered post or otherwise, a copy of every special resolution paued under sub-section (1) or sub-ction (2) within seven days from the date of such resolu;;ionj and (b) file with the registrar along with a copy of such resolution the acknowledgements given by the subscribers of the receipt by them of the copies of such resolution 10 15 exp14n4tion-for the purposes of this section and section 38, "special i'8iowtion" means a resolution which is passed at 8 meeting of the general body of subscribers specially convened for the purpose, by 8 majority 01 not less than two-thirds of the subscribers to the chit present at the meeting in person or by proxy and representing not less than three-fourths of the amount or, as 'the case may be, the value of me grain, subscribed by all the non-prized and unpaid prized subscribers, if any 16 (1) every draw in a chit shall be conducted on the date, at the time and place mentioned in the chit agreement and in accordance with the provisions contained therein 20 date, time and place af conducl ing chits (2) the registrar may, if he considers it necessary, ciirect that the draw shall be conducted in his presence or in the presence of any person deputed by blm 0 :: ~: 17 (1) the minutes of the proceedings of every draw shau be prepar-minutes 25 ed and entered in a book to be kept for that purpose immediately after ~he of proceeliclosure of the draw and shall be signed by the foreman, the prized subings scribers, if present, or their authorised agents, and at least two other subscribers who are present, and where a direction has been made under sub-section (2) of section 16, also by the registrar or the period 30 deputed by him under that sub-section (2) the minutes referred to in sub-section (1) shall state clearly-(a) the date and hour when proceedings began and ended and the place where the dr8iw was held; (b) the number of the instalment of the chit to which the pro-3s ceedings relate; (c) the names of the subscribers present; (d) the person or persons who become entitled to the prize amount in the instalment; (e) the amount of discount; 4(1 (f) full partinlars regarding the disposal of the unpaid prize amount, if any, in respect of any previous instalment; and (go) any other particulars that may be prescribed 18 a true copy of the minutes of the proceedings of every draw certified as such by the foreman shall be filed by the foreman with the registrar 4s within fourteen days from the dab! of the draw to which it relates copies of minutes to be flied with be 11 (1) no per~ carrying on· chit business shall open a new plliee of business without ubtainin'g the prior· approval of the begja witiill whose territorial jurisdiction its registered office' or, sthe car may be the place or the principal place of business is situated ~tiod on openinl af new place af bui1d- (2) before granting approval under sub-section (1), the~trar s shau consult the registrar of the state within whose territqrialjurisdiction the new place of business is proposed to be opened and shall also keep in view the linancial condition and methods of operation of ~e foreman, 'the extent to which public interest will be served by the opeftlng of the new place of business and such other matters as may be presctibed 10 (3) for the purposes of this section, "place of businesa" shall jmbade any branch office, sub-01fice 01' any place of business where the chit business may be conducted by such person chapter 111 r1ghts and duties of foreman issecuruy 18 (1) for the proper conduct of the chit, every foreman shall, before to be liven filing a decl8l'jjtion under sec·tion 9,-by foreman (0) deposit in an approved bank mentioned in the chtt agreement, an amount equal to the chit amount in the name of the registiar; or (0) transfer government securities of the face value or muket 20 value (whichever is less) of not less than qile and a half times the chit amount in favour of the registrar; or (c) transfer in favour of the registrar such other securities, being securities in which a trustee may invest money under section 20 of the indian trugts act, 1882, of such value, as may be prescribed 25 lolita, by the state government from time to time: provided that the value af the securities referred to in clause 1c) shall not, 111 any case, be less than one and a half times the value of the chit amount (z) where a foreman conducts mol'e than ofte chit he sball flllrnish 30 8ecurity in accordance with the provisions of sub-section (1) in respect of each chit (3) the registrar may, at any time during the currency of the chit, permit the subatitution of the ~ty: provided that the face value or market value (whichever is len) of the 35 substituted secqrity shall nqt be less than the value of the security given by the foreman udder sub-section (1) (4) the security given by the foreman udder sub"'lectian (j) or iil1j security sub$tjtuted under sub-section (3), shall not be liabie to be attached in execution of a decree or otherwise until the chtt is'tlerminated and the clairm of all the subscribers are ful1y satisfied, 40 (5) where the chit is terminated anel tbe be8iiuar jaaa eatilfied thimself that the claims of all the subscribers have been fullyaatuw· he shall· order the release of the seeurlty fumfshed by the foremua , 'ub--~ (l), or the security su~stituted under u~seotiqa w, ' ~ qme may be, and in cioiag 10, he shall follow such procedure a m8y be plescribed (6) notwithstanding anything to the contrary contained in any other 5 law for the time being in force, the security furnished under this section , ~l not be d~t with by the foreman during the currency of the chit to which it relates and any dealing by the foreman with respect thereto by way of transfer or other encumbrances shall be null and void 21 (1) the foreman shall be entitjed,-rijhtl of f~ 10 (a) in the absence of any provision in the chit agreement to the contrary, to obt~ the chit amount at the first instalment without deductio~ of the discount specified in the chit agret:olent subject to tbe condition that he shall subscribe to a ticket to the chit: provided that in a case where the foreman has 'subscribed to more than one ticket, he shall not be eligible to obtain mure than one chit amount in a chit; - (b) to such amount not exceeding five per cent of the chit amount as may be fixed in the chft agreement, by way of commission, remuneration or for meeting the expenses of running the chit; 20 (c) to receive and realise all subscriptions from the subscribers and' to distribute the prize amounts tn the prized sublscribers; (d) to demand sufficient security from any prized subscriber for the due payment of future subscriptions payable by him explanation-a security shall be deemed to be mfticient for the 25 purposes of this clause if its value exceeds by one-third, or if it consists of immovable properties, the value of which cx~~eds by one-half, of the amount duet'rom the prized subscriber; (e) to substitute subscribers fn place of defaulting subscribers; and 30 u) to do all other acts that may he necessary for the due and proper conduct cjf the chit (2) where any dispute arises with regard to the value of the property ~ as security under elause (d) of sub-section (1) it !'hall be referred to the registrar for arbitration under section 64 ( 35 zz (1) the foreman shall, on the prized subscriber furnishing suffthue or c;iejltsecurity for· the due payp1ent of future subscriptions,be bound to foreme pay 'him the prize amount: i' provideci that the prized subscriber shall be entitled to the payt ment of the prize amount without any security whatsoever if he agrees to 40 the deduction therefrom of the amount of all future subscriptions and in such a case, the foreman shall pay the prize amount to the prized subseriber within seven days after the date of the' draw or 'belore the date of the next succeeding instalment whichever is earlier: provided further that wlaere the prize amolllltt, haa been paid to the 45 prized subscriber under the first proviso, the ~t d~ucted shall be deposited by the foreman in 1m approved bank mentioned in the· ehit ae!i'e8lnent and he :;hall not withdraw the amount so deposited except' for the payment of future subscriptkns - 2) if owina to the default of the prized subscriber, the prize amount due in respect of any draw remains unpaid until the next succeeding s draw, the foreman shall deposit the' prize amount forthwith in an appro\1-ed bank mentiuned in the chit agreement and intimate i'n writing the fact of such deposit and the reasons therefor to the prized subscriber and the registrar (3) every payment of the prize amount or the amount of future sub-10 scriptions under sub-section (1), and the deposit of the prize amount under sub-section (2), shall be intimated to the subscribers at the next succeeding draw and the particulars of such payment or deposit shall be entered in the minutes of the proceedings of that draw (4) the foreman shall not appropriate to himself any amount in excess ) s 'if what he is entitled to under clause (b) of sub-section (1) of section 21: - provided that where the foreman is himself a prized subscriber, he shall be entitled to appropriate to himself the prize amount subject to his complying with the provisions of section 31: provided further that the {oreman may appropriate to himself the i'n-20 tercst acl'tuing on the amount deposited under the second proviso to subsection (1) (5) the foreman shall not admit any person as a imlbscriber to a chit, if, by such admission, the total number of tickets mentioned in the chit ~i{reement is increased 3, (6) the foreman shall distribute among the subscribers, in accordance with the chit agreement, the dividend either in cash or by way of adjustl1ent towards the subscriptions payable for the next instalment, if any 23 the foreman shall maintain-(a) a register containing-30 books, records, etc, to be kept by foreman (i) the names and full particulars of the auhacrlbers in each chit together with the number of tickets held by each subscriber; (ii) the dates on which the subscribers signed the chit agreement; and (iii) in the case of an assignment of a ticket by a subscriber, 35 the name and full address of the a_gnee wtth the date of usignment and the date on which the assignment had been recognlll8d by the foreman; proceedings of each (b) a book containing the mi"nutes of the draw; (c) a ledger containing-(i) the amounts paid by mlbscribers in each chit and the dates of such payments; (ti) the amounts paid to the prlzed subscribers and the da_ h ~ of suc payments; and (iii) in the case of any deposit in au approved bank mentioned in the chit agreement, the date and the amount of such deposit; (d) a register in the prescribed form showing the amounts deposit-s ad in approved banks as required under the provisions of this act in respect of all chits conducted by the foreman at his office; and (e) such other registers and books in such form as may be prescribed by the state government within whose jurisdiction the chit is conducted 10 - without prejudice to the provisions of the companies act, balance-1011816 1956, every foreman shall prepare and file with the registrar sheet within such time as may be prescribed, a balance-sheet as on the last date 01 each calendar' year, or, as the case may be, the financial year of the foreman, and a profit and 10$ account relating to the year of acrowit, in j s the forms set out in parts i and ii of the schedule or as near thereto as circumstances admit, in respect of the chit business and audited by ajuclitors qualified to act as auditors under the companies act, 1956, or by a chit auditor appointed under section 61; provided that where a balance-sheet is nudited by an auditor qualified i of 1158 20 to act as auditor under the companies act, 1956, a chit auditor appointed under section 61 shall have the right to audit th2 balance-sheet at any time if so authorised by the regi9trar in this behalf 25 (1) every foreman shall be liable to account to the subscribers f~ liabillt, the amounts due to them ' ot foremlul to subscri-bers (2) where there are more than one foreman in a chit, each one of them jointly and severally and, if the foreman is a firm or other association of individuals, each one of the partners or individuals thereof join'tty and severally and, if the foreman is a company the company as such shall be liable to the subscribers in respect of the obligations arising out of the chit ~o withdrawal of foreman 26 (1) no foreman, or where there are more than one foreman in a chit, none of them shall withdraw frwn the chit until its termination unless such withdrawal is assented to in writing by all the non-prized and unpaid prized subscribers and a copy of such assent h~ been filed with the registrar' under section 41 3s (2) the withdrawal from a chit of anyone of the foremen shall not dect the security given by him under section 20 chapter iv rights and duties 01' non-prized subscribers:1 21 every non prized subscriber sh~l pay his subscription on the ~ 'pates ~d'time~~and at the places mentioned in the chit agreement and shall, on such paym~nt be entitled i to obtain a receipt from the fore-, ' ,,' mala i'; nonprized subscribers topa, sublcriptiona and o~ ~ llemoval of defauluni subscribers 28 (1) a noh-prized wbscriber who defaults in paying, his subacrip tion in accordance with the terms of the chit agreement shall be liable to have his name removed £rom the list of subscribers and a written notice of such removal shall be given by the foreman to the defaultina subscriber within fourteen days of the date of such removal: provided that if the defaulter pays the de£aulted instalment with interest at such rate as may be prescribed within seven days of the date of receipt of sueh notice, his name shall be re-entered in the list of such subscribers (2) every such removal under sub-section (1) shall with the date 10 thereof be entered in the relevant book maintained by the foreman (3) a true copy ol the entry refen-cd to in sub-section (2) shall be rued by the foreman with the registrar within fourteen days from the date of removal - ll w ••• i (4) any defaulting subscriber aggrieved by the removal of hia name 15 from the list of subscribers may, within seven days ot the date of receipt of the notice of removal refer the matter to the registrar for arbitration under section 64 substitution ofsu criben zt (1) a foreman may substitute in the list of subscribers any person (hereafter in this chapter referred to as the substituted subscriber) in ao place of the defaulting subscriber whose name has been removed under bubo-section (1) of section 28 (2) every substitution referred to in sub-section (1) shall, with the date thereof, be entered in the relevant book maintained by the foreman and a true copy of every such entry shall be filed by the foreman with as the registrar within fourteen days from the date of substitution amounts due to defaulting sub_ scribers 30 (1) a foreman shall, out of the amounts payable by' and realized from the substituted subscriber towrads the instalments relatable to the period ~fore the date of the substitution (including the arrear due frum the defaulting subscriber), deposit, before the date of the nut 30 succeeding instalment, in a separate identifiable account in an approved bank mentioned in the ,chit agreement, an amount equal to the contributions made by the defaulting subscriber less such deductioda may be provided for in the chit agreement, and shall inform the de1aultidg subscriber as well as the registrar of the fact of such depoait and ahall 35 not, withdraw the amount so depo&ited except for payment to the defaulting subscriber (2) the amount so deposited under sub-section (1) shall be paid to the defaulting subs<:riber as and when he claims the amount and the amount so deposited shall not be withdrawn by the foreman for any 40 purpose other than for such payment (3) the contributions of any defaulting subscriber who baa _t been substituted till the termination of the chit shall be paid to him within flfteen days from the date of termin~tion of the eh1t subject to 'web' deductions as may be provided for in the chit agreement 4s chapter v rights and duties of prized 8lj'bscjtibj:as 31 every prized subscriber shall, if he has not offered to deduct the amount of all future subscriptions from the prize amount due to him, furnish, and a foreman shall take, sufficient security for the due payment so of all fuwre subscriptions and, if the fa,eman is a prized subscriber, he shall give security tor the due payment of all the future subscription&' to the satfbfa~tion of the registrar d every prized subscriber shall pay his subscriptions regularly prized on the dates and times and at the place mentioned in the chit agreement subscriber 5 and, on his failure to do so, he shall be liable to make a colllolidated to pay payment of all the future subscriptions forthwith ~p-r,warly 33 '(1) a foreman shall not be entitled to claim a consolidated payment from a defaulting prized subscriber under section 32 unless he makes a demand to that et!ect in writing foreman to demuu1 futurt ' ilubicrlp , 10 tiodi ' written notlc& ' ~ (2) where a dispute is raised under this act by a foreman for a consolidated payment of future subscriptions from a defaulting prized sud-scriber and if the subscriber pays to the foreman on or before the date to which the dispute is posted for hearing the arrears of subscriptions till that date together with the interest thereon at the rate provided is tor in the chit agreement and the cost of adjudication of the dispute, the registrar or his nominee hearing the dispute shall, notwithstanding any contract to the contrary, make an order directing the subscriber to pay to the foreman the future subscriptions on or before the dates on which they fall due, and that, in case of any default of such payments liio by the subscriber, the foreman shall be at liberty to realise, in execution of that order, all future rubscriptions and interest together with the costs, if any, less the amount, it any, already paid by the subscriber in respect thereof: ' r' ,- ,- ': provided that if any such dispute is on a promissory note, no order 25 shall be passed under this sub-section unless such promissory note expressly states that the amount due under the promissory note is towards the payment of subscriptions to the chit (3) any person who holds any interest in the property fumislied as security or part thereof, shall bel entitled to make the payment under 30 sub-section (z) ' ' ,- , " (4) all consolidated payments of future subscriptions realised by a foreman shall be deposited by him in an approved bank mentioned in the chit agreement before the date of the succeeding instalment and the amolmt so deposited shall not be withdrawn except for payment of 35 future subscriptions ' (5) where any property is obtained as security in lieu of the consolidated payment of future subscriptions, it shall remain as securlty for the due payment of future !mbscriptfons chapter vi traim"!1i840 u (1) no transfer of the rf~hts of a foreman to receive subscriptions restricfrom the prized suhscribers shall be rn lde without the previous sanction :z:f:~ 1 in writing of the registrar of rlehts of foreman (2) any transfer of the rights of a foreman to receive subscriptin from the prized subscribers shall, if it is ukely to defeat or delay tile interests of r nor-prized or unpaid prized subscriber, be voidable· at the iditadce of such subscriber (9) when under sub-section (2), a transfer is disputed by a liublctl· s ber, the burden of proving that the foreman was in solvent circumstances at the time of the transfer and that the transfer does not defeat or delay the interests of such subscriber is on the transferee 3s every transfer by a non-prized subscriber of his rights in the chit shall be in writing duly attested by at least two witnesses and shall 10 be filed with the foreman transfer of nonprized subscribers rights· to~in wrltidj recoinitiod of transfer by toreman 18 every transfer under section 35 shall, within a period of fourteen days from the date of receipt of the proposal for transfer by the fore~an, be recogqised by him un less the transferee is not solvent or the transfer was effected with a view to defeating the provisions of any law includ~ 15 ing this act and the' decision of the: foreman to recognise the transfe:t; ir not shall forthwith be communicated to the parties concerned 37 every transfer under section 34 or section 35 shall be entered by the foreman in the books of the chit forthwith and a true copy of such entry shall be filed by the foreman with the registrar within fourteen 20 days from the date of making such entry entry ot transferee's name in the books chapter vn meetings of general body of subscribers38 (1) the foreman may, on his own motion, convene a special meeting of the general body of subscribers for considering any proposal 25 to pass a special resolution meeting ot general body of subscribers (2) the foreman shall convene such a meeting on the requlsitior in writing·of not legs than twenty-five per cent of the number of non-prized and unpaid prized subscribers, and the meeting so convened shall be held within thirty days of the date of receipt of the requilition and if 30 the foreman refuses or fails to can such a meeting within fourteen days of the date of receipt of such requisition, not less than twenty-five per cent ot the number of non-prized and unpaid prized subscribers may give notice of the fact to the registrar (3) the registrar shall within twenty-one days of the receipt of the 35 notice under sub-:;;ection (2), convene or direct the convening of a special meeting of the ~ene"~l body of the subscribers and on receipt of such a direction, it shall be the duty of the foreman to comply with such direction (4) the regilrtrar or any officer deputed by him shall be present at 040 every special meeting convened u1flder sub-section (1) or sub-section (2), if the meeting is convened for considering ooy proposal to pass ~ special pio]utiolq :ftor amending the chit agreement (5) notice of not less than fourteen days shall be given to all the subscribers of a meeting under this section specifying the object date, 5 hour and place of meeting and a copy of the special resolution shall allo bit sent along with the notic~ of the meetin, chapter viii ti:amination of chl'l'831 (1) whell"e a foreman dies or becomes of unsound mind or is otherwise incapacitated, the chit may oontinue in accordance with the s provisions of the chit agreement provialoll for continua· tion of chita~ ce~ cases (2) where a foreman is adjudicated an insolvent, or withdraws from the ehft under section 26, or fails to conduct the chit at any instalment or on any other date before the next succeeding instalment 8s may have been agreed upon by a special resolution passed at a meeting of the non-10 prljled and unpaid prized subscribers held in that behalf in accordance with the provisions of section 38, &tty one or more of such subscribers authorised by such resolution may, in the absence of any provision in the chit agreement for the future conduct of the chit, take the place of the foreman and continue the chit or make other arrangements for the 15 further conduct of· the chit 40 a chit shall be deemed to have terminated,-termination of chits, (a) when the period specified theref-or in the chit agreement has expired provided the payment of dues to all the subscribers has been completed; or 20 (b) when all the non-prized and unpaid prized subscribers consent in writing to the tennination of the chit and a copy of such consent is filed wi,th the registrar as required under section 41; or (e) where a foreman dies or becomes of unsound mind or is otherwise ineapaeitated and the chit is not continued in accordance 25 with the provisions of the chit agreement: provided that, in a case where the foreman is a firm, if a partner thereof dies fyt: becomes of unsound mind or is otherwise incapacitated the chit shall not be deemed to have terminated and thesurvivin~ pr:rtner or partners shall conduct the chit in the absence of any provi-30 sion to the contrary in the chit agreement | copy | of ||------------|-------|| assent | or || consent | || to | || be | || filed | || with | || registrar | |41 a true copy of every assent referred to in section 26 ~nd of every consent referred to in clause (b) of section 40 with their dates shall be filed by the foreman or by the surviving partner or partners, as the caose may be, with the registrar within fourteen days nom the date of such 35 assent or consent 41 except in the cases referred to in clauses (4) and (b) of lection 40,-refund of nonprized subscribers' subseriptiona (a) every nonprized subllcriber shall, unless otherwise provided for in the chit agreement, be entitled to get back his subscriptions 40 at the termination of the chit without any deduction f-or ~ividend, if any, received by him: provided that, any person to whom the rights of a nonprized subscriber are transferred in accordance with the provisions of section 35,' sha1l,m addition to his own subscriptions be entitled to 4s get back the iiubacriptlons paid by sueh non-prized subscriber, subject to the conditions specified in this clause; (b) if a chit tennmates on '8 date earlier thatl the date orjginallv flxed in the chit agreement, the non-prized subscriber's claim shall be deemed to have arisen on the date on whieh he hu ,notice thereof rd any amount due to the subscriber from a foreman in relation to the chit business shall be a first charge on the chit 8s1ets subscri bers'dues to be flrst charge od cbit aneb chapter ixforeman to allow certain su~rs to inspect chit records inspection 01' document8 ft every foreman shall, on payment of such fee not exceedingftve s rupees as may be speci1ied in the chit agreement, allow" the non-prized subscribers and unpaid prized subscribers reasonable facilities on all the dates of draw or on such other datps and within such hours as may be provided for in the chit agreement, for the inspection of security bonds and documents, receipts and other records taken from the prized subscribe or 10 furnished by the foreman as a subscriber and all chit records, including books of accounts, pass books, balance-sheet and profit and loss accounts and such other records as may show the actual financial posltion of the chit ts all the records pertaining to a chit shall be kept by the foreman for a period of eight years from the da~ of termination of the chit 15 preservatlou ot chit records by for~ inapection of chit boob ad recorda by registrar 46 (1) without preiudice to the provisions of osections 209 and 209a of the companies act, 1956 the registrar or an officer authorised by the 1 of 1956 state government in this behalf may inspect chit books and all the records of a chit during 'working nours on any'workfngo day at tne premises of the foreman with or without giving notice and it "halt be the 20 duty of every foreman to produce to the registrat' or the officer so author1osed, all such books and'records as are in his custody or power and to furnish him with any statement or 'information telatin~ to the chits as he may require from the foreman within such time as he may specify (2) the re~strar or an officer authorised by the state govemment 25 in this behalf may, after givin~ seven davs' notice in wrftin~ to the foreman, dfrect him to produce before him for inspection ruch chit books anel 'records as he may require at the time and place mentioned in the notice (3) if on an inspection made under sub-section (1) or sub-section (2) any defects are found, the registrar may brin~ such defeds to the notice 30 of the foreman and may also make an order directing the foreman to take such action as may be specified in the order to remedy the defects within the time specifted tnerein ' (4) every foreman !;hall be bound to comply with the directions contained in an order made under sub-section (3) " 35 4'1 (1) nothing in section 46 shall be deemed to affect the power of the reserve bank to inspect the books and records of an, foreman under the' provisions of section 45n' of the reset've bank of india aet,l9m 2 of 11m power of reserve bank to inspect cb1t boob and nccdi (2) the reserve bank may, jf it considers necessary, fiorwat"d a co-py of its report or of any part of its report on the fflb1)ection oft'fie book 40 and records of a fl3!'eman to the foreman for taking necesaary aetion (3) every foreman shall, on receipt of the report or 1)8rf; th~f under sub-section (2), be bound to comply with the dtrecttons, ff -any, lrlven by' the reserve bank in this behalf an,d mall, if so required,· _bi mit periodical reports in regard to the action taken by him 45 (4) the reserve bank may also forward a copy of the r~rt -on the inspection of the books and records of a foreman to the state govemment within whole jut'iadiction the regletered oftlce of the company if ule toreman,u a tod:lpad1,ot the place or the principal place of buatn_ et the foreman in any' other case, - situateet for auch action as may be codiidered neceab8l'1 chapter x winding 'up of chits s 48 a chit may be wound up by the registrar within whose territorial jurisdiction the chit has been registered, either on his own motion or on an application made by any non-prized or unpaid prized subscriber,-(g)· if the chit has terminated under clause (c) of section 40; or 10 circum~ stances under which chita may be wowui up (b) if the foreman commits any such act in respect of the security specified in section 20 as is calculated to impair materially the nature of the security or the value thereof; or (c) if he fails to deposit any amoudlt required to be deposited under any of the provisions of this act; or (d) if it i proved to the satis:fiaction of the registrar tnat the foreman is unable to pay the amounts due to the subscribers; or (e) if the execution or other process iss1\ed on an order passed by the registrar in favour of any· 'subscriber m respect of amounts due to him from the foreman in relation to the chit business is returned unsatisfied in whole or in part;' or 20 ,(f) if it is proved that there has been a fraud or collusion on the part of the ioreman m the matter of taking secwities from any prized subscriber; or (g) if the foreman has approlfiated the prize amount in his capacity as a subscriber without furnishing sujficient security for wture subsariptiodsj or (h), if the registrar is satisfied that the aftairs of the chit are being conducted in a manner prejudicial to the interests of the subscribers; or ,(i) if it is just and equitable that the chit should be wound up 30 e~"'nation-for the purposes of clause (d), in determining whether the foreman is :unable to pay' the amounts due to the subscribers the hegistrar shall take into account his contingent and future liabilities in respect of the chit 35 u an application for the windina up of a chi~ ihall be made by a app1lcapetition preseil~ by' ally' non~prized or unpaid prized subscriber to tion for sot 1908til~ liegistrar slgileu and verified ld tile manner laid dowd by the code windin, of civil procedure, 1908, and shall contain such p'articulars as may' be up preacribed: 40 provided that no application for the winding up of a chit under clause (d) or clause (i) of section 48 shall lie unless such application 'la presented,-(g) by non-prized and unpaid prized subscribers representing not less than twenty-five p'er cent of the amount or, as the case may be, the value of the grain subscribed by; all the non-prized aild unpaid prlzed subscribers, if anyi or (b) with the previous sa;nction of the state government witbm whose jurisc:liction the chit is commenced or conducted ezplg7'&criob-for the purposes oii clause (g) of the proviso, a ~u iubacribu of a fractiod of a ticket shall be deemed 10 be a sublcriber 0111): to u gut of such fraction ' _ to winding up proeeedinp c 58 notwithstanding any thine contained in aecuods 48 , petition for the winding up of a chit shall be entertained b,the bep-trar,-• 0{ - i (a) if proceedings relating to insolvency are pending against the foreman; or 5 (b) where the foreman is a firm, if proceedings relating to insolvency are pending against all the partners or all the partners except one thereof, or proceedings for the dislolution of the ftrm are pending; or (c) where the foreman is a company, if proceedings for the 10 winding up 0:£ such company are pending 51 an order for the winding up of a chit shall operate in f vour of all the subscribers to whom amounts are due from the foreman and it shall be deemed to have commenced from the date of the presentation of the application for the winding up is c0mmencementand eftect of winding up order injunction order 5~ the registrar may, on the application of the foreman or of any subscriber to whom amounts are due in respect of a chit, at any time after the presentation of the application for the winding up of the chit under this act and before the making of an order for the appointment of an interim receiver or for the winding up of the chit, restrain any 20 other proceedings instituted against the foreman for the realijation of amounts due from him on such terms as the registrar thinks fit powers of registrar 53 the registrar may, after hearing an application under this chapter, dismiss it with or without cost:;, or adjourn the hearing conditionally or unconditionally or make an interim or any other order that he deems 25 fit 54 on the making of an order for the winding up of a chit, all the chlt assets sh~h vest in the registrar or in any persqn iqpointed by him for distribution amongst the subscribers to whom amounts are due in respect ot the chit 30 55 when a winding up order has been made or a receiver has been appointed, no suit or other legal proceedings shall be continued or commenced against the foreman by a subscriber for the realisation of amount due to him in respect of the chit except with the leave of the registrar winding up the chit and on such terms as he may impose 35 56 on the malting of a winding up order, the registrar shall make an entry in his book relating to the chit and shall notify in the official gazette that the order has been made veatini of chit -ets in registrar or other person suits, etc, to be stayed on windlni up ordf'r notiflca-uoa of windinl up order 57 where during the pendency of the proceedings fjor the winding up of a chit, the fioreman is adjudicated an insolvent, or where the 40 foreman is a firm, all the partners or all the partners except one thereof are adjudicated insolvents, or where the foreman is a company, the company has been ordered to be wound up by the court, tihe winding up proceedings under this chapter shall cease and the distribution of the chit assets shall, subject to the provisions of aections 43 and 52, be made 45 by the insolvency court or the court windina up the co~p8n7, sa the case may be cessation of winding up proceedingson insolvency qf foreman, etc or the winding up of the company and transfer of such proceed1dp ~'58( '(1) fwhere an ap~licat1on for the winding up of a chit i's dismissed li:ui' the regfstrar 1s "satfsfteci that the petltion is frivolous or vexatious, he !tbay, on the applfeation ot the foreman award against the petitioner award of compensation to foreman ~~ch amount, ,not exceeding one thousand i'ljpees, as he deems reason-5h~tcf as' com~nsatlon to, the' foreman for the expenses or injury caused fo 'nlm('by' thepresentat!on of the application and the proceedings therr dn,' arid such amount maybe realised as if the award were a decree of a civil court '(2) on the making of an award under sub-section (1), no suit for ri,ht to appeal io compensation in respect of an application for any winding up o~ the chit shall be entertained 59 tbeforeman or any' subscriber or any other person aggrieved by a decision or order of the registrar in any proceedings for the winding tip' ~ a chit may, wfthin sixty days from the date of such decision or 15 order, appeal to the state government limitation so (1) 'where an order retuslng to wind up a chit has beer made ithder this' act, the chit shall be deemed to have been under suspension from the date of presentation of the application to the date of such orde,:, in tespectofhon':'prlzed subscribers; and, notwithstanding anything con-2{) tained in the chit agreement, no non-prized subscriber who was not a def~ujter on the date of the presentation of the petition for wind;ng up, shall ~ deemed to be a defaulter on the date of its dismissal (2) where an order refusing to wind up a chit has been made under this act, in computiqg the period of limitation prescribed for any suit 25 or other legal proce~irtgs (other than a suit or application in respect ot which the leave of the court has been obtained) which might have been brot1gnt or instituted, but for the presentation of the applicatfon fior the winding up of the chit, the period from the date of the presentatioj1 of the pplication to the date of the order re!using to wind up a chit 30 shall be excluded (3) 'n'ot!11hg' corltained 'in' this chapter shall affect the rights of a subscriber to proceed against the fureman personally for the balance, if any, of the&motlilt 'due 'to 'him 'after the d~larati6n 'ali the final dividend in the proceedinls for the winding up of 'the chit and in computing the 35 pery~ o~, limit~tion prescribed for any such proceedings, the period from 'die date of the presentation of the application for the winding up ()f thechit to the date of the declaration of the final dividend shall be excluded chapter xi appouitment of officers and levy of fees40 61 (1) the state government may, by notification in the official gazette, appoint a registrar of chits and as many additional, joint deputy and assistant registrars as may be necessary for the purpose of dilewgiitc the tlutiet imposed 'lipon the registrar by or under this act appointment of registrar and other officerll, (2) tiae registrar may appoint as many inspectors of chits and chit 45 aud~1'i as may be aecessary for the pul'pose of dischargin~ the dutie8 tin'posed on the inspectors of chits or chit auditors by or under this act (9) all tmpectots 'of chits and chit auctitors shall discharge the duties uposed upon them ~ or under this act under the general superintend ence and' oon!llrot of 'ilke ~s'trar (4) if the registrar is ot the opinion that the accounts of any chit are not properly maintained and that such acco:ults should be audited " shall be lawful for him to have such accounts audited by a chit auditor (5) it shall be the duty of the foreman of the chit whose account are to be audited by a chit auditor under sub-section (4) to produce 5 before the chit auditor, all accounts, books and other records relatina to the chit, to furnish him with such information as may be required and afford him all such assistance and facili'ties as may be necessary and reasonable in regard to the audit of the accounts of the chit (6) the foreman shall pay to the ch:t auditor such fees as may be 10 prescribed for the audit of the accounts ot the chit under sub-section (4): provided that different scales of fees may be prescribed for di1ferent chits depending on the quantum of the chit amount 62 the foreman of a chit or any subscriber in a chit or the heirs or legal representatives of any foreman or subscriber may, on payment of 15 such fees as may be prescribed,-lnapection of documents in regis trar's osee (a) inspect the documents of the concerned chit kept by the registrari or (b) obtain a certified copy o'i' an extract of any such document or record ~o levy of fees 63 (1) there shall be paid to the registrar such fees as the st$~ government may, from time to time, prescribe for,-(a) the issue of previous sanction under section 'i (b) the filing of the chit agreement with the registrar and the registration of the chit under section 7; 25 (c) the filing of a declaration with the registrar and the grant of, a certificate of commencement under section 9; (d) the filhlg of copies of documents under any of the provisions of this act; (e) the audit of the accounts of the foreman under section 81; 30 (f) the inspection of documents under section 82; (g) the obtaining of certified copies or extracts of document and records under section 62; and (h) such other matters as may appear necessary to the state government (2) a table of fees prescribed under sub-section (1) shall be exhibited on a notice board in the office of the registrar chapter xu disp~!1'es and arbitrationdisputes relatid& te ehit business 64 (!) ~otwithstanding anything conta:ned in any other law for the 40 time bemg in force, any dispute touching the management of a chit business shall be referred by any of the parties to the dispute, to the registrar for arbitration if each party thereto is one or the other of the following, namely:_ (a~ a foreman: a prized subscriber or a nod-prized subscriber, 45 includmg a defaulting subscriber, past 8ub9criber or a penon claiming through a subscriber, or a deceased lubeariber to - chit; (&) a lul'ety oj a subscriber, past subscriber ora deceaaedtsuh-icriber e,;plclnation-for thepurpo~s of this sub-section, a dispute touchma the management of a chit business shall include--s (i) a claim by or against a foreman for any debt or demand due to him kom a subscriber or due from him to a subscriber, past - ubscriber or the noffilnee, heir or legal representative of a deceased subscriber whether such debt or demand is admitted or not; 10 (ii) a claim by a surety for any sum or demand due to him from the principal borrower in respect of a loan by a foreman and recovered from the surety owing to the default of the principal borrower whether such sum or demand is admitted or not; and (iii) a refusal or failure by a subscriber, past subscriber or the nominee, heir or legal representative of a deceased subscriber to deliver possession to a foreman of land or any other asset resumed by him for breach of conditions of the ass"ignment (2) where any question arises as to whether any matter referred to for the award of the registrar is a dispute or not for the purposes of subsection (1), the same shall be decided by the registrar whose decision 20 thereon shalil be final (3) save as otherwise provided in sub-section (3) of section 66, no civll court shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute referred to in sub-section (1) b6 of 1161period ol limitau 65 (1) notwithstanding anything contained in the limitation act, 25 1963, but subject to the specific provisions contained in this act, the period ot limitation in the case of a dispute referred to the registrar under section 64, shall-(4) if the dispute relates to the recovery of any sum, including interest thereon, due to a foreman from a deceased subscriber, be 30 three years, computed from the date on which such subscriber dies or ceases to be a subscriber; or (b) if the dispute is between a foreman and a subscriber or a past subscriber, or the nominee, heir or legal representative of a deceased subscriber, and the dispute relates to any act or omission 3s on the part ot either party to the dispute, be three years from the date on which the act or omission with reference to which the dispute arose, took place (2) the period of limitation in the case of any dispute other than those referred to in sub-section (1) which are required to be referred to 4 the registrar under section 64 shay be regulated by lhe provisions o~ o the limitation act, 1963, as if the dispute were a suit, and the registrar, 36 of 1963 a civil court (3) notwithstanding anything contained in sub-sections (1) and (2), the registrar may admit a dispute after the expiry of the period ot 4s limitation specified therein, if the applicant osatisfies the registrar that he had sufficient ca'use for not refe'rring the dispute within such peried h (1) if the registrar is sati¢,n that ady mat!a'refe~'" to him or brought to his notice is a dispute within the meaning of :t4oa 64, he shall, subject to such rules as may be prescribed, settle the cuapute himself, or refer it for di5posal:to a person awointed by him (~ in this chapter referred to as ~e nqlxlinee) (2) where any dispute is referred under sub-sec:~on (1) ~r settlement to the nominee, the registrar may, at anyti~,e tor ~~ be recorded in writing, withdraw such dispute from the nominee and may settll' the dispute himself, or refer it again for settlement to any' other nominee appointed by him 10 (3) notwithstanding anything contained in section 64, the registrar may, if he thinks fit, fluspend the proceedings in regard to my dispute, if the question at issue between a foremail and a subleriber o1behfeen different subscribers, is one involving complicated questions of law and ifact, until the question has been decided in a regular suit instituted iby anyone of the parties to the dispute and if any such suit is not instituted i s within two months from the order of the registrar suspending the proceedinp, the registrar shall take action under sub-seetion (1) 67 (1) the registrar or the nominee hearing a dispute under section 66, shall, in addition to the powers conferred on him, under tha~ sec:tlon, have the same powers as are vested in a civil court while tryidj ~ ji~~ 20 under the code of civil procedure, 1908, in respect oil the follow~ matters, namely:-(a) summoning and enforcing the attendance of pe~lls and examining them on oath; procedure for settlement of dlaputes and power of be·· jistrar or nominee (b) requiring the discovery and inspection of documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copies th'!'reof from bu court or office; (e) issuing commissions for the examination of witnesses or 30 documents; and (f) any other matter which may be prescribed (2) except with the permission of the redistrar or the nominee no eo· , , party shall be represented at the hearing of a dispute by a legal practitioner 3s (3) (a) if the registrar or the nominee is satisfied that ~ p8l'80n, whether he is a subscriber or not, has acquu'edany interest 1d, the property of a person who is a party to a dispute, he may ordw that, the person who has acquired the interest in the property may be joined as a party to the dhpute, and any decision ~t may be given by the 40 registrar or the nom~nee on the dispute shall be binding on the' pany' so joined, in the same manner as if be were an original party·to tk8' dispute , (b) where a dispute has been referred in the na~e of a wronlr~n, or where a~ the ne<:essary parties have not been included, the ft;tk8~ 4s or the nommee may, if he is sbtisfted that it was due to a ,,~~u~~~:ipls7 take, order any other person to be substituted or added as pa~i~s' to ~e ~te at any stage of hearing of t'he'dispute ou' such 'terms aalb'; tliidb" bill (c) the registrar or the nominee may, at any stage of the proceedmgd, either upon or without -the application of either part,:and on such terms a may appear to the registrar or the jlominee to be just, order that the •• me ofuy party improperly joided be struck off 5 (d) any person wh, \s a party to the dispute and entitled to more than one relief in respect of the same cause of action may claim all or ~, s~l"e~,,b~t,;f,lu;, oljli~"to c~ any s~ r~, he shall ~ot bt;"l~~' ~o cl4iill,,~~t·re~ e~t with the le,ve of the regist;rar ~jbepo:xni4~e 10 68 (1) where a dispute has been referred under section 64 and the rp~~ ot tbia n~,~:~~ ~te, is sa~eci on enquiry or otp~,1ll~~,a p~ty to,,,,~cl1 4i~1;f:;, with,i~tl~ todefest,or obstruct the execution of any award or the carrying out of any order that may be made,-15 attachment before judgment and other interlocutory orden (4) is about to dispose of the whole or any part of his property; or (b) is a~o~t ,to rempve tl\e" whqie or any part of the property from th~ iuri$clj~~ipq,of th~ r~strar, he jmy, unl~ aq~:~~b~urity is ,iurjj,ished, dtf~t conditional attach-20 ldajjlt ~ t4~ "aw,ijrrwl"\y", ~::~~ attmjjmet,lt shall, hav~ the eft'ec{ as if it is m~4e by a c~t: ciwi~ c01!ll1-(2) where the registrar or the nominee directs the attachment of any property under sub-section (1), he shall issue a notice callin, upon the person whose property is so attached to furnish such security as he 25 thinks adequate within a specified period, and if the person fails to provide such security, the registrar or the nominee may confirm the order, and may, after the deci$ion in tbedispute, direct the disposal of the property so attached towards the claiia if awarded (3) ·any attachment made wwler ·this section shall not deat the 30 rights, subsisting prior to the attachment of the property, of persons who are not parties to the dispute, or bar any person holding a deoreeagaitwt the,per~ wqol!eproperty, isso attached frqm applying far the sale o£ the property under the attachment of such decree (4), th~ ~~urdr ~e pominee may, in order to prevent the ends 35 of justice being defeated, make such interloc4tory orqer$ pending the award in a dispute referred to in sub-section (1) as may appear to be just and convenient 69 -when a dispute is referred to ·arbitration und this chapter, the rem~ or the(p~~, may;, after giyii\ia re$sonable opportunity to ~tl,l,~e, to thediwu~to be beard ljl8~ean /l-ward on thedifglute, od decision of registrar or nominee ~);~s incul11"~;~ ~~,il~e~ tothe,disp\lte in cojiu\e~~~o~ with the proceedings and the fees and expenses payable to the ~ar or the nominee, and such an award shall not be invalid merely on the ground thai it was made after the' expiry of the period, if any, fixed for deoiciing the cuapute by the registrar, arid ean; subjectto appeal under aeotiod~ 4$,_ a'fand'1riddidlon 'tite~ 6e·~te 70 any party aggrieved by any order passed by the registrar or the nominee or the award of the registrar or the nominee under section 69, may, within two months from the date of the order or award, appeal to the state government appeal aeainst deciaion of reptrar or nominee money how recovered 71 every order passed by the registrar or the nominee under sec-5 tion 68 or section 69 and every order passed by the state government in appeal und~ section 70 for payment of any money shall, if not carried out,-j» - ,~ldt '141 (a) on a certificate issued by the registrar, be deemed to be a decree of a civil court, and shall be executed in the same manner as 10 3 tiecree of such court, or (b) be executed in accordance with the provisions of any law for the time being in force for the recovery of amounts as arrears of land revenue: provided that no application for execution under clause (b) shall 15 be made after the expiry of three years from the date fixed in the order, and if no such date is fixed, from the date of the order 72 any private transfer or delivery of, or encumbrance or charge on, property made or created after the issue of the certificate by the registrar under section 71 shall be null and void against the fqreman on 20 whose application the said certificate was iasued chapter xiiiprivate transfer of property made after issue of certificate vgid against foremad miscellaneous73 the reserve bank may tender to any state government such advice on questions of policy with respect to this act as it thinks fit 2s either on its own motion or on a request made by the state government advisory role of reserve b'ulk 74 (1) any foreman aggrieved by the decision of the registrar,-appeals (a) refusing to register the chit agreement under section 7; (b) refusing to grant a certificate of commencement under subsection (2) of section 9; (c) refusing to accept any security under sub-section (1) of section 20 or under section 31; or (d) refusing to release the security charged under aection 31, may, within thirty days of the communication to him of such decision, appeal to the state government or to such officer or authority as may 35 be empowered by notification in the official gazette by the state government in that behalf (2) any foreman or other person aggrieved by the order o£ the beltistrar under sub-sectlon (i) of section 34 may, within thirty day of the communication to him of such decilion, appeal to the state qo~ 40 ment or to such officer or authority as may be empowerea dy notifteatt"h in the official gazette by the state government in that behalf (3) the state government or such officer or authority aforesaid may, after giving the appellant an opportunity of making his represen-5 tation, pass such order on the appeal as it or he thinks fit and such order shall be final 75 the registrar may, in his discreti·()n and upon an application in writing by a foreman made within the period specified for the filing of documents, under sub-section (3) of section 28, sub-section (2) of 10 section 29, section 37 or section 41, allow the foreman further time not exceeding fifteen days to file coples of such documents powers of registrar to give extension of time for fllin, documents penaltie • 76 (1) whoever contravenes or abets the contravention of any of the provisions of sections 4, 5, 8, 9, 11, 12, 13, 14, 19, 20, 22, 24, 30, 31, sub-section (4) of section 33, sections 46, 47 or sub-section (5) of 15 section 61 shall, on conviction, be tlunishable with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both (2) any foreman,-(a) who fails to file any document required to be filed under 20 this act within the period specified therefor or within such further time as may be allowed; or (b) who fails to comply with the requirements of the chit 8areement regarding the date, time and place at which the chit is to be drawn or who fails to comply with the requirements of nny fl5 direction jdven under sub-section (3) of section 38; or (c) who contravenes or fails to comply with any other requirement under this act, shall on conviction, be punishable with fine which may extend to three thoulalld rupees 30 (3) whoever wilfully makes a statement in any document required to be filed under this act which is false in anv' material particular shall on conviction be punishable with imprisonment for a term which may extend to two years or with fine which may extend to ftve thouaand rupees or with both application of fine 35 77 a court imposing any flne under this act may direct that the whole or any part thereof shall be applied in, or towards payment of, the cost of the proceedings offences by compani~s 78 (1) where an offence under this act ha!> been committed by a company, every person who at the time the offence was ('ommitted wag 40 in charge of, and was responsible to, the comnany for th~ 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 aga;nst and punished accordingly: provided thl'lt nothing contained in thic; "1uh-rection ",hall render anv 45 such nel's01'\ liable to any punishment providerl in thic; act if he nrov",s that the offence was committed without hi's knowledge or that he exc:!rcised all due diligence to prevent the commission of such offence '(2) notwitb'sblrldfilg anyth!t\g' eonlaihed ' in ' su~sect1~, (i),' 9!1iete an offence under 'this aet' 'has oe-m cobiiiiftted by a "eomjri,y dnd: it ''fa proved that the offence has been committed with the consent or connivance of, o()l' is attributable to,,, any neglect on the p~ of, any director, manager, secretary or other officer of the company, ~uch curec-5 tor, manager, secretary or other oftlcer shall also be deemed to qe guilty of that offence and shall be liable to be proceeded against and pumshed accordingly explanation-for the purposes ot 'this section,-(a) "company" means any body corporate and includes a fi'tm 10 or other association of individuals; and (b) "director" in relation to a firm means a partner in the finn 79 (1) all offences under section 11 shall be cognizable cb~nce of offences (2) no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try an oitence puriishable unaer 15 this act power to eomp::und offences so (1) subject to such conditions as may be prescribed, any ofjicer empowered by the state government in this behalf may, either before or after the institution of criminal proceedings tinder this act, accept m,m the person who has cotntni~ or is reliotiably ~d to have 20 committed an offence under this act, by 'wily of compositfon of such offence, a sum of money not exceeding such amount'as may be prescribed (2) where an offence has been compounded under sub-section (1), the offender, if in custody, shall' be dischallged and no further, praceed-, tngs shall be taken against him in respect of such offence 2s power to enter and search any place and t::l seize l>ny documents 81 (1) if the registrar or any other ofticer'authorlied'by'hb:n inthis behrlf, 'has reason to' susp~t 'that imy'~· ~cts, or 'hi 'respbt\i!bte for the conduct of, a chit in any place in contravention of'ttle jii'6~b of this act, he may, for reasons to be reeorded'in writing ami at any reasonable time, enter into and search such place, and may seize luch 30 books, registers,aecounts or documents as 'may be necessary (2) the re~strar or ofb(ier authot1tied by' 1fli'n in! this lbfffidlf, 'tti(y apply for assistance to an officer in charge ofa '~ilce' station' anti lti1te police officers to accompany and assist him in discharging his duties ~jlder sub-section (1) ' ' , ,",-' 15 (3) all searches under sub-section (1) shan be 'made in 'acemaatlee with the provisions of the code of crimin,l procedure, 1973 2 of 1974 82 the registrar and au officers appointed bv the state gove~ept to perform any functionc; under this act shall be" deemed f,o b~ ?ublic servanlc; within the meaning of section 21 o'f the indian penal code 40 45 of 1860 offirel"3, lobe publh; aervants power to delegate 83, the state government may, by notification in the omcial gazette direct that any power (other than the power to hear appeals or to make rules) exercisable by it under this actor the rules made thereunder may be exercised also byanv officer ot the state government 8\1bjaot to !iiuch terim and conditions, if any,s may be pecified~ i; j 14 nothing in this 'act shall apply in respect of,- ' - t ," _ (4) a~y chit started before the commencement of this act; or ," act dot to apply to certain chltl 5 (b) any cait the amount of which, or where two or more cbits were staned er conducted simultaneously by the same foreman, the aggregate amoujlt of which does not exceed one hundred iz'upees u (l)' notwithstanding anything contained in this aet, no bank shan commence or earry on chit business after the commencement of tb!s act (2) where a chit had been started by any bank' before such commencement, such chit may be continued after such commencement until certain banka not to conduct chit business 10 it is completed, and the provisions of the chit agreement and such laws, harty, as were applicable to it immediately before the commencement of this act shall apply to such chit 2 of 1934, explanation-for the purposes of this s~tion "bank" means an approved bank or a ccroperative bank as defined in clause (bii) , of section 15 2 of the reserve bank of india act, 1934 st the state government may, in con!!ultation with the reserve bank, by notification in the offtcial gazette, and subject to such c()nc:u-- tion!! as may be ,specified in the notification, exempt any person or class of persons or any chit or class of chits from all or any of the provisions 2:> of this act~ 87 no suit, presecution or other legal proceeding &hall lie against the state government, the registrar or other officers of the state govern-protection of actton tak!n unter the act ~ent or of the reaerve bank or any of its officers taxercising any powers or discharging any functions under this act in respect of anything whh;h 25 is in good faith dene or intended to be done in pursuance~f this act dr the rules made thereunder pow~, ie make, rull'!,s 88 (1) the state government may, in consultation with the reserve bank, by notification in the official gazette, make rules for giving eft'ect to the provisions of this act ' 30 (2) in particular, ajld without prejudioe to the eenerality of ~e foregoing power, such rules may provhe for all or any of the fo~w­lng matters, namely:-(4) the form and manner in which an application for obtaining the previous sanction may be made under sub-section (2) of section 4; 35 (b) the additional particulars ~hat a chit aereementmay contain under clause (q) of sub section (1) of section 6; 40 (c) the particulars that may be included in the minutes of the proceedings of a draw under section 17; (d) the method of valuation by the registrar in a grain chit for the purpose of furnishing security under section 20; (e) the procedure that may be followed b:v the registrar it releasing the security furnished by the fnreman under section 21; (f) the registers and books and the fonn in which such registers and bo~ks may be maintained by the foreman lmder section 23; 45 (g) the time within which the balance-sheet and the profit and loss account in respect of a chit business ~hall be filed under section 24; (h) the rate at which intereat sball be pvbjt ~,tbje,detlplted instalments by a defaulted subscriber under section 28; (i) the particulars that may be included in ail application for the winding up of chits under section 49; - (j) the procedure ·to be' followed fqt the wiacjiy ,upqf chits s ~,chapter x; (k) the foees payable under section 63; (1) the auditing of balance-sheets and the profit and 1_ accouts of chit business and the issue of ~udit cediflcau!&j " (m) the forql and manner in which a dispute shall,be ~'ferred 10 to t~e registrar under section 64; (,,) the ~dure to be followed by the regiatr<8a"- 'of,h, apmu18ie for ~ttling the disputes refeited to him under se¢ion ,64; (0) the matters referred to in clause <i) of sub-aection ,(i) ot section 67' 15 , t (p) the conditions subject to which and the amou~t op the payment of which composition of offences may be made ,under section 80; (q) the form and manner in which an appeal may be preferred under this act and the fees payable foor such appeal; 20 (r) the iasue and senrice of noti~s or other ptocus under t4is ~tj , (8) the procedure for, and the manner' of receiving, any ~ payable under this act; " (t)any other matter wbioch is required to be or may be pres- 2s eribed -",' a-1 ' ,-:,-\ '\'f+li ,p~ (3) every rule made under this section shall be laid, as soon as may be after it is made, before each house of the state legislature where it consists of two houses, or, where such legislature consists of one house, before that ho'use ' 30 ( ) andhrr u 1 the al)dhra pradesh chit funds act, 1971, ~, ,bjerala pradelb ~t~ act, 1975, the maharashtra chit funds act, 1~7~ t~ l'npil:' act 9 ('f nndu chit funds act, 1961, as in force in the state of t~,~,d 1971 i!1 the union territories of chanoigarh and delhi, the uttarp~desh! kerala chit fund!! act, 19'75, the goa, daman and diu chit funds act 1973 85 act 2a , '" ' of 1976 and the pondieherry chit funds act, 1966, are he~eby repealed am ''tj:le m har~shprovisions of section 6 of the general clauses art, 1897, shall apply to tr: at:: lv fi\ich repeal as if each such act, so repealed were a central act of 1974 tamil (2) notwithstanding such reperu,tbe acts mentioned in sub-section ~::~4 of (1) shall continue to apply to chits in operation on the eommaaement 40 lini1 of this act, in the same manner as they applied to s~b owts before uttar such commencement pradoesh act 08 of 1870 goa, daman and diu act 18 of 1973 pondlchen7 act 18 of 1966 10 of 1897 the schedule (see section 24) part i-form: of balance-shdt----------------liabilities allets ri i capital: authorised iasued paid-up ri ri rs ri rs ri ri i cash 2 balances with banks : <a> current account (b) deposit account 3 investments: | (a> | in ||---------|----------|| ri | || 2 | || reserve | fund || 3 | deposits || ri | || ~ | |ri ri ri ~ rs ri ri ri ri rs rs 4 borrowings - - 5 foreman's liability in tickets prized - 6 prize amount payable , defaulted subscribers' amount payable 8 advance subscription received 9· liability to non-prized subscribers (arrears ftom non-prized siibicrlbers to be indicated) 10 amount payable in terminated chits ri rs ri ri ii auction profits payable to non-prized subscribers ill other liabilities is profit and loss account rs ri ri ) in go'-emment securities - ri c) others rs 4 hare amount due from prized subscribers: (a> secured ri (b) ujliecured - • ri 5 arrears due from prized subscribers: <a) secured (m unsecured 6 amount due in terminated chits: <a) secured (b) unsecured 7 cliit prize amount paid earlier 8 loan and adyances w subscribers 9 iitigation apenses 10 premises i i purniture and fixture 12 stamps ~ atock 13 other assets 14 profitand loss account ri ri rs ri ri ra ri rs rs total: ri tara! : rs | particubrs | to ||----------------|------------|| hi: | || 'pccificd | || in | || reipect | of || 'i | i || total | || ellit | || amounts | of || running | chits || (i) amoldlts | due || either | || jointly | || or | || leverally | || with | any || penon | || (ii) | amounts || of | || the | company || interested | || 1 | || directon, | ptrtner || in | || the | case || or | || private | companies, || u | || man- | || 35 | || hers | || - | || ~ | || '1:=1':-:- | -/ || - | | part it-form of profit and loss &ccotnn' - ----------------- ---- ~---------------expendi~re income - to interest paid on depolits, bortowings, - etc~ i by foreman's commission rs ri ri ri ri ri ri rs rs 2 by bonus 3 by interest 4 by indivisible idcome in auction profit 5 byrcnt 6 by net profit oil sale ofinvcstmentl 7 by other receipts 8 8yloss ii to salaries, allowadcei, boouaand provident fund , to directors, sittins feel - - 4 to rent, taxes, insurance, lighting - 5 to law charges - 6 to postages, telepama and ltamps 7 toauditon'feft - 8 to filing fees 9 1'0 depreciatjoll and repain - ri rs ri r, rs r, ri rs rs ri rs 10 to itatiolluy, printillg_d advenilelllent 11 to other apau:uture u to balance of pl'ofit ----~---~-------r • total : toral : rs ------------- --- - ------------ -------------a 'conventional chit' is an old indigenous financial institution involving regular periodical subscriptions by a group of persons it is, in law, a contract between the subscribers and· the foreman which provide that the subscribers shall subscribe a certain sum by periodical instalments tor a definite period each subscriber shall, in his turn, as determined by lot or by auction or in such other agreed manner, be entitled to the prize amount there will be as many periodi<:al instalments as there are members as there is a mutuality of interest among tee, small dumber o~ subscribers to each chit fund, it constitutes a convenient instrument combining savings and borrowings 2 in the wider context of examining in depth the activities of the non-banking financial intermediaries (which term also includes institu· tions conducting chit funds or kwries), the banking commission (1972) had recommended intter alia, that it is essential to have a uniform chit fund legislation applicable to the whole country and as such either an all~ india chit funds act may be enacted or a model law may be prepared for adoption by all the states the commission also observed that it would be desirable to provide in the legislation that only public limited companies can run chit funds 3 the recommendations of the banking commissi'on were examined by government the reserve bank, at the instance of the government, drafted a model bill to regulate the conduct of chit fund,s for adoption by all the state governments the reserve bank also sent the draft bill to the 'study group on non-banking companies constituted by it in june, 1974, under the chairmanship of late shri james s raj, the then chairman of the unit trust of india the study group was unanimously of the view that the bill should be enacted as a central legislatiod, as such a step, besides ensuring uniformity in the provisions applicable to chit fund institutions throughout the country, would also prevent such institutions from taking advantage either of the absence of any law governing chit funds in any state or exploit the benefit of any lacuna or relaxation in any state law by extending their activitiel in such states the group further recommended that the administration of the law should be left to the state government concerned which in turn could seek the advice and assistance of the reserve bank on policy matters further, there should be, according to the group no abjection to chits being conducted by private limited companies also and on a limited scale even by unincorporated bodies such as, individuals, sole proprietorships and partnership firms 4 the bill has been finalised after taking into account the views of all the state governments to whom a draft bill was sent for comments the scheme of the bill and the provisions made therein largely follow the pattern of chit fund legislations in force in some of the states altd includes certain new provisions, such as, minimum capital requiremej;lts for companies conducting chit business, prohibiting chit fund complmies from doing any other business, placing a ceiling on the aggregate chit amounts of chits that are being conducted by chit fund institutions, providing ror a self-contained machinery for the settlement of dispute bl~tween a foreman and the subscribers by means of arbitration, etc, the repeal of the existing state legislations on the subject has also been p'mvided for in the bill '5: the '''notes on clauses" appended to the bill explain in detail the provisiens of' the bill new delhi; r venkataraman' ~r&th neotm"r, 1980 cl4u1e 2-thfs clause defines the various expressions commonly u8eci in:t,bul sup-clau~ (a), defines "approved banks" as referritlg to coipaer$l ~;~,,1jch other blqlking institutions at the state govei'duwllt,~, in consultation with the reserve bank, approve for tbe purpoaes of the bill sub~)~ (b) defines the term "chit" this definition is on the,same lines as the definition of the expression "collventiollal chit" in the p,rized chits and money circulation schemes (banning) act, 1978 (43 of 1978) sub-clause (g) defines "discount" as the sum of money which a pj"imd subscriber is required to forego under the terms of the cjut agreement sub-clause (h) defines "dividend" to mean the share of the subscriber in the amount of discount available under the chit agreement for rateable distribution amona the subscribers at each instalment of the chit clause s-this clause provides that the provisions of the billlhljll have e~ect notwithstandi~g anything to the contrary contafrled in the provisions of any other law in force or in the memorandu1l1 andartiel~ of association, or bye-laws, etc, and if any such provision is repugnant to the provisions of the bill, it shall, to the extent of the repugnancy blteome or be void clause 4-this clause provides that no chit shall be commenced or conc;iucted wiulout obtaining the previous sanction of the state govern-~t within whose juri$diction the chit is to be conducted andunlus tint chit is registered under the provisions of the bill it has also been proviclw that such sanction shall lapse if the chlt is not registered before the expiry of six months from the date of such sanction or within such further period of six months as the state government may allow sub-clause (3) of this clause specifies the cases in which previous sanction may be refused c14use 5-this clause prohibits the invitation for subscriptions to a chit by issuing a notice, cfrcular, prospectus or document unless such notice, circular, prospectus or document contains a statement that the previous sanction referred to in clause 4 has been obtained and also the particulars of such san,ction clause 6-while the various particulars which are required to be specified in every chit agreement and the other formalities to be complied with have been specifted in sub-clause (1) of this clause, it has been provided in sub-clause (~) that the duration of a chit shall not extend beyond a perlodof five years from the date of its commencement however, the state government concerned has been empowered to permit the duration of a chit up to a period of ten years on the existence of certain conditions flveclfted in that sub·f'lause sub-clause (3) provides that the amount of discount in any chit shall not ex'ceed thirty per cent of the chit amount (that is, the sum-total of subscriptions payable by all the subscribers for any instalment of a chit without any deduction for discount or otherwise) clause 7-sub-clause (1) of this clause provides for the chit agreement being filed in duplicate by the foreman with the registrar j '1 ' , ' , su})clause (2) empowers the registrar to retain one copy of theeldt agreement and return the duplicate to the foreman with an endorsement that the chit agreement has been registered by him; and such an endorsement shall be conclusive evidence that the chit is duly registered "under the provisions of the bill , " clause 8-sub-clause (1) of this c:ause provides that a company shall not codciuct any 'chit or carry on any chit business unless its paid-up eapital fsnot less than rupees one lakh sub-clause (2) requires the existing companies having a share capital of leas than rupees one lakh to increase its paid-up capital to not lesa tha~ rupees one lakh within a period of three years from the commencemen; of the proposed legi~lation the state government has however, been empowered to extend the period of ulree years in respect of ~y company for such further period not exceeding two years in the aggregate sub-clause (3) provides that every company carrying on chit business shall create a reserve fund and transfer to such reserve fund a ,sum not less than twenty per cent of the balance of profit for each year as disclosed in its profit and loss account before declaring any dividend on its shares clause 9-this clause providlo's that every foreman shall after all the tickets specified in the chit agreement are fully subscribed, file a declaration to that effect with the registrar su~lause (2) empowers the registrar to issue a certificate ofeommencement after the filing of such declaration and no foreman can commence any auction or draw unless such certificate is granted clause lo-this clause requires every foreman to furnish a copy 01 the chit agreement to every subscriber after the foreman has obtained the certificate of commencement under clause 9 and before the first draw clause n-this clause prohibits the use of the word "chit", "chit jund" j hchitty" or "kuri" by any person other than a person carrying on chit business and makes it obligatory on ~ person carrying on chit business to use ,as part of· his name anyone of such words clause 12':"-sub-c1ause (1) provides that no company carrying on chit business shall conduct any other business except with the general or special ,pe~ion of the state government sub-clause (2) provides for ute winding up of such other busineu before the expiry of a period of three y~ars from the cojnqletlcejllent, ,of the proposed legislation or such extended period not exceeding two years clause 13-under th:s clause, no foreman other than a firm or other association of individuals or a company can commence o~ conduct chits, the aggregate amount of which at any time exceeds ten thousand rupees where the foreman is a firm or other association of individuals, itaei"'uljepte ·-ehit · amewrt aball dot ·uoeedl~ ,wl "thou-··1ed1or ;everyopartner or ,individual, as ,the'use may , be"sqbjeci- t a it iiakiunm ·of rupees forty taoulalld where the forema·is ,a,edpipii'ly, the aggregate chit amount of the chits conducted by it, shall no~latr~y time"exceed ten times the net assets of the company (that is _tj:ae total assets of the company less its total liabilities, bad and doubtful debta as also other iptangible assets as disclosed by its last audited b~ance-sheet) 'clause 14-this clause prohibits a person carrying on chit business from uti:ising the moneys collected in respect of such business except for "itbe -porpo~s' mentioned therein, namely, for carrying en cbit'business, ghring' loans' and, advances to 'non-prb:ed 'subscribers, etc mrthe leeuity of thp subscriptions paid by them, investment in trustee senrities, etc clau<:e 1s-this clause lays down the procedure to be follow~ for making any alteration in the chit agreement ,,clauset 16· to ·l8·~hese -clauses 'provide for the coruiuet ·gf[th~w, maintenance of minutes of the proceedings of every draw and,tae-riwng of ,minutes qf such proceedings with the registrar 'clause 19-this clause prohibits the opening of new places' of' busjness w~thout obtaining the approvdi of the' registrar clauses' 20 to 22 :these clauses specify the rights and duties of"lile foreman of a chit glause 20 specifiesthe various_securities to be given by a foreman for the proper conduct of the chit they· areas follows:-{a) deposit in an ·,app~ed· bank of an amount, equal '-'to \ the chit 'amount-in; ·the name· of the registrar; (b) transfer government securities orother securities referred to in section 20 of the indian trusts act, 1882, in favour of the registrar ''the value of the government !'lecurities should be not less thad'one>4hda-half times the value of the chit amount and the value of other secrurities wqulldbe:~cjfied by the state government by ru!es·whioah ,shaijnot be less-than tone~and-a-half times the value _of the chit amount thesecupty given, ,maybe substituted by ai'other security of the _same value_ aodl,the ,security so furnished or substituted would not be released to tbeforeman until the chit is terminated and the clrumscof au the subscrlbersare-tully satisfied c ,a foreman's rights include the right to take the chit,amountlat the llrst ,\nita1ment-wtilbout:deeucuon ofdiscountyto receive and ealilelall,aubs-'cmptlqllsfromthe subscribers and ·to distribute the prizeamo~ tolthe ""iaed,-6lubleribers the duties include the ,disbursement qf tbe-prize hhrauftts,tothe pt'iozed-sl!bscribers on their fumishin~· suftldent: ,iecllrfty for the due payment of future subscriptions, deposit the undisbursed prize amount in approved banks before the next succeeding draw,etc i ~t· 23,~"phfs elrse 'enumerates the various! liok5 'ancf··temrds to ";"be" maintained ·by a ·for8rwl ( clause 24-this clause enjoins every foreman to prepare and ftle with the registrar within such time as may be prescribed by rules a balancesheet and profit and loss account in the 'fonns set out in the schedule to the bill clauses 25 and ~6-while c1ause 25 lays down 'that the foreman shall be liable to account to the subscribers for the amounts due to them, clause 26 prohibits a foreman from withdrawing from the chit until its termination unless such withdrawal is assented to in writin, by all the non-prized and unpaid prized subscribers clause 27-this clause provides for payment of subscriptions by every non-prized subscriber on the date, time and place mentioned in the chit agreement clause 28-this clause provides for the removal of a non-prized subscriber if he defuults in the payment of the subscriptions clauses 29 and 30-these clauses provide for the substitution of 8 new subscriber in place of a defaulting subscriber and the amounts payable to the defaulting subscriber clauses 31 to 33-these clauses provide for the rights and duties of prized subscribers the prized subscriber has to furnish security for payment of the prize amount and he has to pay the future subscriptions regularly if he defaults in the payment of subscriptions, the foreman is entitled to a consolidated payment of all future subscriptions by following the procedure specified in clause 33 cla'u'le 34-this clause prohihits the transfer of the rights of the foreman to receive subscriptions from the prized subscribers without the previous sanction in writing of the registrar clause! 35 to 37-these clauses provide for the procedure to be followed for the transfer of rights of non-prized subscribers such transfer shall be in writing and shall be filed with the foreman who shall recognise it if the transferee :s solvent clause 38-this clause lays down the procedure for convening a special meeting of the general body of the subscribers for passing a special resolution clause 39-this clause provides for the manner in which a chit has to be conducted if the foreman dies or becomes of unsound mind or is declared an insolvent, etc it provides for the conduct of the chit by any one or more subscribers authorised by a special resolution in accordance with the provisions of the chit agreement alauses 40 4nd 41-these clauses lay down the circumstances in which a chit shall be deemed to· have terminated the expiration of the period specified in the chit agreement, death or unsound mind of the foreman and the consent of all the subscribers to terminate the chit are some of the circumstances under which a chit shall be terminated 'nle consent of the subscribers 1s required to be filed with the registrar under clause 41 clause 42-this clause specifies the circumstances in which a nonprized subscriber is entitled to the refund of the subscriptions paid by him clause 43-under this clause, the amount due to the subscriber from a foreman in relation to the chit business shall be a first charge on the chit assets czciuae 44-this clause entitles a non-prized or unpaid prized w briber to inspect the books and records of the foreman on payment of the prescribed fee not exceeding five rupees clause 45-this clause requires every foreman to preserve all recorda pertaining to a chit for a period of eight years from the date of termidatir)n of the chit clause 46-this clause, inter alia, empowers the registrar or an officer authorised by the state government to inspect the chit books or recorqa maintained by a foreman and also authorises the registrar to direct the iorem :n to remedy any defects noticed within the specmed time clause 47-this clause saves the power of the reserve bank under section 45n of the reserve bank of india act to inspect the books and records of any foreman it also, inter alia, empowers the reserve bmk to give appropriate directions to the foreman on the basis of the inspection report clau;;es 48 to 59--these cl<luscs provde for the winding up of chits and other connected matters clause 48 specifies the circumstances in which a chit may be wound up and clause 49 lays down the manner in which an application for the purpose may be presented by any non-prized or w1paid prized subscriber clause 50 prohibits the entertainment of the winding up petition of a chit by the hegistrar if insolvency proceedings, or, as the case may be, proceeding, for dissolution or wionding up, are pending against the foreman clause 53 empowers the registrar to pass appropriate orders in the proceedings for the winding up of a chit and clause 54 provides for the vesting of all chit assets in the registrar or a person appointed by him clause 56 requires the registrar to make an entry in his book on the passing of an order of winding up of a chit and to notify in the official gazette that the winding up order has been made clause 58 empowers the registrar to award cornpensation to the foreman where he is satisfied that the pet~tion for winding up is frivolous or vexatious clause 59 empowers any party aggrieved by the decision or order of the registrar to prefer an appeal to the state government within sixty days from the date of receipt of the order clause 60-this clause provides for computation of the limitation periods where an order refusing to wind up a chit :is made clause 61-this clause empowers the state government to appoint a registrar of chits and other officers for discharging the functions conferred on the registrar by or under the provisions of the bill cl4use 62-this clause provides for the inspection of the documents kept by the registrar and obtain certified copies thereof clause &s-this clause empowers the state government to specify by rules the fees payable under the provisions of the bill fdf-~ aettl$dellt of, disputes c 81'ising'betweeft,tbe: fot!eman' ant·ltb_~: cribers, etc, to a chi t the:ion tention is to provide· for a machitle!'y' fo!t , the settlement of disputes which is cheap and expeditious tbe ptovisions made in these clauses are on the lines of the machinery provided in the state co-operatiye laws for the settlement df 'disputes' between a society and its members by arbitration clawes 64to 72-these clauses provide for a self-contained machinery liuu'&aaement,ofa chit business to the award of the registrar clause 65 provides for special periods of limitation in respect of disputes and empowers the registrar to condone delay in referring the disp\ite within the prescribed period clause 66 enables the registrar to se~he the dispute himself or to refer it 'for disposal to his nominee this clause also empowers the regis'~rar to suspend the proceedings in regard to any dispute if the question at issue between the parties is one involving complicated questions of law and fact to be decided in a regular suit instituted by anyone of the parties to the dispute but if no suit is instituted within a period of two months :frqm the order suspending the proceedings, the registrar shall ~~tle the dispute himself' cui 67 seeks to confer on the registrar certain powers of a civil co\1pticlause·68 empowers the registrar or his nominee to order conditional attachment of the property of a party to the dispute and any attachment so made shall have' the same effect as an attachment made by a competent civtl court: clause 69 enables the registrar to make an award after giving a reuonablefopportunity to the parties of the dispute of being heard he 1s also; empowered to give his award on the expenses incurred by the pries or fees and expenses payable to the registrar or his nominee it has also been provided that the award of the registrar or his nominee shall be final and binding on the parties to the dispute subject to an appeai being made··to the'state government under clause 70 clause 70 provides for the appeal to the state government against an award of the registrar or his nominee clause 71-this clause provides that where any ordel pasl8d by 'the,· registrar or his nominee is for payment of money, such order, on the issue o!f l cert1ftt!ate by the registrar, be deemed to be a decree of a civil court and executable as such br where no such certificate is given, the money' spe,cldeil-therein will be recoverable ,as arrears of land revenue cllluse 73:--!fbis clause confers an advisory role on the reserve bank of tendering advice to the state governments on its own motion or on '8 reqljestmade by,astate ·government on questjqns of policy,regqlating,~ business of chits-clause 76-thi's clause ,provides for the penalties for coniravention-of certain provisions of the bill clause 79-this clause provides that offences under clause 11 shall ,~ cognizable and no court inferior tel! that of 8 metropolitan magistrate or - judicial magistrate of the first class shall try an oftence punishable under this act clause 80-this clause authorises any officer empowered by the state gohrnmant to eon$oudd:ran-oftenee pulliabablet: udder this, mt~·· on piftjl8m:ofsuch _/of·money,u maybe speciladcby''tbe atatgflvamof· meat :in the·~ rules clauae 81-this clause empowers the registrarorail¥ offic6rauthoriieg· by; him to enter- and search an,' plaae and tosedeany doaumedia,wllelr"· he has·reasoll to suspect that any persobi conducts achit in contaw , tion of the provisions of the bill cla:use 83-this clause empowers the state govermnent· to delu~te any powers exercisable by it (except the power to hear appeaj"~1 to'l make rules) to any officer of the state government i subject tosuca terms and eonditions as may be specified therein clouse 84~ this clause makes the provisions of' the bill inapplicable to any chit started befwe the commencement of the proposed legislation or to any chit 'the aggregate-amowlt of which does not exceed 'one hundred rupees; clause 85-this clause prohibits commercial and co-operative banks from commencing or conducting chit buiiness· after the commeacament of the poop~ed legislation and also provides that any chitstartea,~ any bank before such commencement may be continued till its com~tion subject to the provisions of the chit agreement and the state laws appliable to it clau'bi!!-86!-this clause- empowers the state government, in consultation with the reserve bank, to exempt any person or class qf persons or azwy[cbiilor;cluil'ofchita from all or any o£the:provisiou,of· the pmpollmir legis1atiad;, ~i clause 88>-this clause empowers the state government to make rules to give effect to the provisions of the bill ctause 89-this clause repeals certain state enactments regulatfngch1l business and provides for the continued applicauon of those enactments to the chits in force on the commencement of the proposed legislation clause 61 (1) of the bill provides for the appointment of a registrat of chits and as many additicmal, joint, deputy or asaiatant registrara as may be necessary by the state government sub-clause (2) of this clause provides for the appointment of inspectors of chits and chit auditors in respect of the union territories of the and am an and nicobar islands, chandigarh, dadra and nagar haveli, delhi and lakshadweep, any expenditure on this accmmt will be met from out of the consolidated fund of india 2 out of these five union territories, budget for the union territory of delhi alone provides at present separate expenditure for the enforcement of the tami1 nadu chit funds act, 1961 as extended to delhi this is of the order of rs 175 lakhs annually after the proposed legislation comes into force in that union territory, it is estimated that there may not be any significant addition to the recurring expenditure for the purpose of discharging the duties imposed by this act in relation to the union territory of delhi for the remaining four union territories, the recurring expenditure is estimated c:s follows:-| 1 | the andarnan and nicobar islands ||-------------|-------------------------------------|| 2 | chandigarh || 3 | dadra and nagar haveli || 4 | || lakshadweep | || & | || 50,000 | || 65,000 | || 21,000 | || 25,000 | || total: | || 1,61,000 | |thus, the recurring expenditure that is likely to be involved if the bill is enacted and brought into operation in all the union territories is estimated to be of the order of rupees 336 lakhs per annum no non-recurring expenditure is expected the provisions of this bill do not involve any other expenditure of a recurring or non-recurring nature memorandum regarding delegated legislationsub-clause (1) of clause 88 of the bill confers on the state govemments the power to make rules to give effect to the provisions of the bill sub-clause (2) of that clause specifie9 the matters in respect of which rules may be made under this clause these include, among other things, the fonn and manner in which an application may be made for obtaining the previous sanction of the state government for the commencement of a chit, the particulars that a chit agreement shall <:ontain, the procedure to be followed by the registrar for the re-lease of the lecurity furnished by the foreman for the proper conduct of the chits, the fees payable under the provisions of the bill and the procedure to be followed for the winding up of <:hits and for the settlement of disputes 2 the matters with respect to which rules may be made are ~natters of procedure or detail the delegation of legi9lative power is thus normal in character a bill to provide for the regulation of chit funds and for matters connected therewith (shri r venkataraman, minister of finant:e)

Parliament_bills

4090d3c0-7dba-5081-b18d-08ade9c73dfc

bill no 339 of 2015 the insecticides (amendment) bill, 2015 byshri kesineni srinivas, mpa billfurther to amend the insecticides act, 1968be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the insecticides (amendment) act, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint"(va) one nanotechnology expert to be nominated by the central government"amendment of section 93 in section 9, of the principal act, after sub-section (3c), the following sub-sections shall be inserted, namely:—5"(3d) in case of nanotechnology based insecticides, where there is no conclusive study certifying harmlessness of the pesticides on humans, animals and the environment, the registration committee may register the insecticide provisionally for two years, on such conditions as may be notified by it10(3e) in case of nanotechnology based insecticides that have been registered provisionally for a period of two years, it shall be mandatory for the manufacturer or importer of such insecticide to report any adverse consequences of the use of insecticides on human health, animals and environment in a format and within such time period as may be specified by the registration committee" statement of objects and reasonsnanotechnology deals with the understanding and control of matter at a dimension of roughly 100 nanometre (billionth of a metre) and below it promises to be revolutionary technology with applications in a wide range of sectorsdue to properties like enhanced surface area and increased potency of particles at the nano scale, nano particles are being added to insecticides this has led to an improvement in efficacy of insecticides in some cases but the impact of presence of nano particles in the insecticides on human health and environment has not been fully investigated yet therefore, it is essential that the impact of nanotechnology based insecticide be monitored continuously accordingly, it has been proposed in the bill that nanotechnology based insecticide shall be given a two year provisional registration and it shall be mandatory for the manufacturer or importer to report any adverse impact of the insecticide on humans and environment in such format and within such a time as may be specified by the registration committeehence this billnew delhi;kesineni srinivasnovember 17, 2015 annexure extracts from the insecticides act, 1968 (act no 46 of 1968) 4 (1) the central insecticides board(3) the board shall consist of the following members namely:—(i) (v) the chief adviser of factories, ex officio; 9 registration of insecticides(3c) the registration committee may, having regard to the efficacy of the insecticide and its safety to human beings and animals, vary the conditions subject to which a certificate of registration has been granted and may for that purpose require the certificate holder by notice in writing to deliver up the certificate to it within such a time as may be specified in this notice lok sabha———— a billfurther to amend the insecticides act, 1968————(shri kesineni srinivas, mp)gmgipmrnd—3032ls(s3)—10-12-2015

Parliament_bills

7c83608e-e8a5-53b2-92d4-0c04a01a4c17

,; ,,' b'o no 65 01 198~ the working journalism and' other newspaper emplo- yees (condi'i10ns of service) and miscellaneous provisions (~ndment) bill, 1989 a billfurther to amend the working journalists a:nd other ·newspaper empio-1iees (conditions of service) and miscellaneous provisions act, 1955 , ' be it enacted by parliament in the- fortieth· year of 'the ·republic of india as follows: -' short title 1 this act may' be ealled the-" working j ourn8lisis and' other newspaper eiiiployees(conditions of service)' and miscellaneous provisions 5 (amendment) act, 1989 amendmentof section 2 2 in section 2 of the working' journalists and other newspaper' employees (conditions of service) and miscellaneous provisions act, 1955 (hereinafter referred to as the principal act) ,-" (i) in clause (d), ~ followingshall be inserted at the end, 10 namely:-" l ( "and includes newip~perestablishmen,ts, specifted as one estab-- ' "j " lishment under the schedule explanation-for the purposes of this clause,-(a) different departments, branches and' centres of news· paper establishments shall be treated as parts thereof; (b) a printing press shall be deemed to be - newspaper establishment if the principal business thereof is to pnnt i newspaper'''' t ,-t ' , ~~, , (ii) after clause (ee) , the following clause shall be inserted, namely:-s c (eee) "wages" means all remuneration capable of being expressed in terms of money, which would, if the terms of employment, expressed or implied were fulfilled, be payable to a newspaper employee in respect of his, employment or of work done in such employment, and includes-10 (i) such allowances (including dearness allowance) as the newspaper employee is for the time being entitled to; (ii) the value of any house accommodation or of supply of light, water, medical attendance or other amenity or of any service or of any concessional supply of food-grains or 15 other articles; (iii) any travelling concession but does not include-(0) any bonus; (~ any contribution paid or payable by the employer 20 fa air ,pension fund or provident fund or for the benefit of ·1bt , rl ~, addu 'iiilj' jar fori thadlftle being in:~_ (,,) -any gratuity payab1e on the tennination of his service expi4114tion-in thiattlame, the term c'wages" shall also include new allowances if any of any description fixed from ua,_,~?-3 in section 10 of the principal act, to sub-section (4), the following eii,ij ,~,tihall ~ tie: aciiaa; 1,,-1 30 amendment ofaection 10 "erplaft4ticm-for the removal of doubts, it is hereby declared tw· i ,by ••• ' aiiriiil l ~l jnake ," n jb f~l, _ i!~oiliil-india basis" i ~ 4-miia~ ~"t_~h_~,tlrefjtilwltn~ •• hall 35 ri~ _':- c'the schzouli ta <2,]1 for the purpgiii of cl&um (ci) at leetion 2,-'(~·'two-or-·mm'enew ~~ common 40 control shall be deemed to -'ode 1'lewspaper'estltb!wi'twtedt; li'~"hro -or- more-~ '~ owned by an ~~",,atul ~,o;- ~u -4temed to be one newspaper establishment unless it is shown that sueh spouse ta a sole proprietor or partner or a shareholder of a corporate body on the basis of his or her own individual funds; (3) two or more new!p!lp,er ~tr!~~ publlahing nen-s papers 'bearing' th'e'$aine 'of' 'simflar tttte ana tn the same language in "fyp~~e,inl i~~ oj;" j>,eil"~,,~~~ ~ but in clljterent l~~es i~ the,"~ ~~r-qj;uati~t4ltit~,~ be ,deem,ed tq b~ope n~w~r e~~,~ (3)· pm- ·the 'pttrp0se8 of ~ph' 1- (1) 'two or-·mo,fe ~ablish-19 tne'ftts· shah ·be deemed to be uft'der 'common control-(a) (i) where the newspaper establishments are owned by ~u~lon,_1iriiirallor iddivw pis;: (,i~) :wh~r~th,e fjews'n,~r; ~~~~~~ q~by firms, if such lirms have a substantial numbcn'qf_~odl,\p~ersj ls~ (~i) ",hereth~ newsjyl~r eg!l?~egs ,,re owned by ~ corpor~e, if one }rlody, co~w is~ &~iw of the other body corporate, or both me subaidiariesof~ ~on hold ing company or a substantial number of their equity shares are ,opin,w·tm"s~e,~llcm !pu6\,,- whether tn-!' ~qj'd; ~ qat; , (iv) where one establishment~ is owned by a body eorporate , "'f - ',~tmr 'isf~owmciub&" •• 1wiq, ~ 1 number of partners of the firm togethe~balii"~si •• "hc»f equity shares of the body corporate; , 25 (v) where one is owned by a body corporate and the other is owned by a firm having bodies corporate ~lwy~ if a substantial number of equityi shares of such bodies corporate are owned, dinetly or indirectly, by the rille, penoa er·gnup of persons, whether incorporated or not, or 30 (b) where there is functional integrality between concerned newspaper establishments" ~e wage'bdardsappointec:l under section 10 of the w'ol'king journalista and oth~ newspaper employees (conditions of service) and miscellaneous provisions act, 1955 have experienced diftlculties in inteipreting of certain terms used in the act, and also of certain provisions of the act in order to remove doubts and varying interpretations, it is proposed to-<a) amplify the definition of "newspaper establishment" con-tamed in clause (d) of section 2 so as to provide for clubbini of various estab1ishments under the common control of any person or ,,' body of persons; " ' (b) provide self contained definition of "wages" instead of adopting the definition by reference to the industrial disputes act, 1"7;' , (e)- tilaite elear that the power to ftx or revise rates of waget includes power to fix or revise allowances including new allowances; and (d) clarify that the wage boards are not prevented from fixing the wageeon all-india basis 2 the bill seeks to achieve the above objects nww'darr; the 8th august, 1989 bindeshwari dubey extracts from the working journalists and other nzwspapia emplo~ (conditions of suvice) and misca,ianequs provisions act, 1955(45 of 1955) - - - - - z in this act unlesi the context otherwise requires,-- - - - - (d) "newspaper establishment" means an establishment under the control of any person or body of persons, whether incorporated or not for the production or publication of one or more newspapen or for conducting any news agency or syndicate; - - - - - 10 (1) - - - - - (4) in making any recommendations to the central government the board shall have regard to the cost ot1fvtng, the prevalent rates of wages for' ootnparllble' ei'ftp1~ent; (the!' efremhlftanees "!'elating' toi~'!ie""paper incn1rtr1ui' !iffetent~onsof'the cltmltry'aild'to; my wler·eiteuitiit~ which to the board may seem relevant; - - - - - " a bnl ~" to amend the working joumaliits and other newspaper em -:pjoi (cond1tions of service) ,anq ~uaneous provilliolila ~t, 1955 (shri bi'rdeshwari dubey, mi"ister of labour)

Parliament_bills

c5a474ab-4968-5c77-bbb4-ea5aef4b816a

and whereas india 1s a member country of the office internatinal des epizooties, paris and it is necessary to implement the general obligations, decisions and recommendations of the said organisation and abide by the international animal! health code stipulated by the said organisation; be it enacted by parliament in the fifty-sixth year of the republic of india as follows: - chapter |! " preliminary1 (/) this act may be called the prevention and control of infectious and contagious diseases in animals bill, 2005 ¢ short title, extent and commencement (2) ft shall come into force omsuch date as the cent'al government may, by notification, appoint; and different dates may be appointed for different states or for different areas therein as well as for different provisions of this act, and any refeence in any such provision of this aci to the commencement of this act shail be construed in relation to any state or area or provision as a reference to the coming into force of this act or, as the case may be, of [oe that provision, in such state or area definitions 2 in this act, unless the context otherwise requires - (a) "animal" means,— (i) cattle, buffaio, sheep, goat, yak, mithun; (i) dog, cat, pig, horse, camel, ass, mule, poultry, bees; and 1s" (if) any other animal or bird as the central government may, by notification, specify; (6) "check post" means any place established as such by the director to carry out checking of animals for the purpose of this act; {c) "competent officer" means any person or officer of the government notified 20 as a competent officer under section 17; (d) "compulsory vaccination" means vaccination of any animal against any scheduled disease in respect of which v»zcination is made mandatory under the provisions of this act; {g) "controlled area" means any local area which has been declared as such by 29 the state government under sub-section (/) of section 6; (f) "defective vaccine" means any vaccine which is expired breach in seal, contaminated, improperly stored, unlabelled or with mutilated label; (g) "director", in relation to a state, means any officer in charge of the department of animal husbandry or veterinary services, or both, notified by the stateggovernment 35 as such for the purpose of this act; () "free area" means any controlled area which has been declared as such under sub-section (5) of section 6; {i} "infected anima!" means an animal which is infected with any scheduled disease; (7) "infected area" means an area declared as such under section 20; 387 (k) "notification" means notification published in the official gazette; (),"prescribed" means prescribed by rules made under this act; (1) "publication" includes propagation of information through the media or newspaper or any other mass media, (n) "quarantine camp" means any place declared to carry out quarantine of uo animals and birds for the purpose of this act; (0) "scheduled disgase" means any disease included in the schedule: {p) "veterinarian" means 2 person having a recognized veterinary qualification who, under the law for the time being in force, is allowed to treat animal diseases; (q) "veterinary officer" means any officer, appointed as such by the state 4 ¢~ government under clause (4) of section 3; (r) "village officer", in relation to a village, means any person who is authorised or designated as such by the state government, chapter ii control of scheduled diseasesappointment 3 the state government may, by notification, appoint-— of veterinary officers (a) such: number of persons, as it deems proper, to be veterinarians to undertake inspection and specifying the local limits of their respective jurisdiction; and (6) such number of veterinarians, as it deems proper, to be veterinary officers, who shall exercise their powers and discharge their duties within the local limits of their jurisdiction as may be specified in the said notification 4 (/) every owner, or any other person, non-governmental organization, public bodies reporting scheduled diseases obligatory or the village panchayat in charge, of any animal which he or it has reason to believe to be infective of a scheduled disease shall compulsorily report the fact to the village officer, and wherever possible also report the same in writing to the nearest available veterinarian and the person reporting shall be given an acknowledgement thereof in writing (2) every veterinarian shall, on receipt of a report under sub-section (/), or otherwise, if he has reason to believe that any animal is infected with a scheduled disease, report the matter to the veterinary officer 4¢ (3) where in any state there is any occurrence of scheduled disease in relation to any animal, the director shall send an intimation to the directors of the states which are in the immediate neighbourhoed of the place where there is such occurrence, for taking appropriate preventive measures against the spread of the disease § (/) every owner or person in charge of an animal, which he has reason to believe is | duty | to ||----------|-----------|| | segregate || infected | || - | animals |infective of'a scheduled disease, shall segregate such animal and have it kept in a place away from all other animals which are healthy, and take al! possible steps to prevent the infected animal from coming in contact with any other animal (2) the owner or other person in charge of, or having control over, the animal referred _ to in sub-section (/) shall confine that animal and prevent it from grazing in acommon place or to drink water from any common source including a vessel, pond, lake or river (3) all other infected animals shall be segregated by the municipality, panchayat or other local administration 32° notification of controlled areas and free areas 6 (/) the state government may, with the object of preventing, controlling or eradicating any scheduled disease, by notification, declare any area to be a controlled area in respect of any scheduled disease affecting any species of animal and any other species that may be susceptible to the disease specified in the said notification, ca (2) the state government shall also cause the substance of the notification issued under sub-section (/) to be published in a local newspaper in the vernacular language 35 (3) where a notification has been issued under sub-section (/), ail animals of the species in the controlled area shall be subjected to compulsory vaccination against that disease, and be subjected to such other measures against the disease, in such manner and within such time as the state government, may, by public notice, direct \o (4) the state government shall make available necessary vaccine and it shall be obligatory on the part of every owner, or the person in charge of an animal which is required to be vaccinated under sub-section (3), to get the animal compulsorily vaccinated ww (3) where the state government is satisfied, on a report received from the director or otherwise, that, in any controlled area, any of the scheduled diseases affecting any species of animal is no longer prevalent, it may, by notification, declare the area to be a free area in respect of that disease in relation to the particular species of animal (6) where a notification has been issued under sub-section (5), no animal of the species or of any other susceptible species with regard to which it is a free area shall be allowed to enter the free area unless duly immunized by vaccination against that particular disease so 7(7) where a notification has been issued under sub-section (/) of section 6 declaring any area as a controlled area in relation to any disease affecting any species of animals, no animal belonging to that species shall be moved from the place where it is kept | prohibition | of ||----------------|-------|| movement | of || animals | from || controlled | || area | |(2) the director may, for the purpor ; of control, prevention or eradication of any scheduled disease, in respect of any area, by order published in the official gazette, prohibit the movement ofall animals belonging to any species specified therein, from the place where sy it is kept, to any other place (3) nothing contained in sub-sections (/) and (2) shal] be deemed to prohibit- (a) the movement of any animal referred to therein, from the place where it is kept, to the nearest place where it can be got vaccinated, so long as the animal is being moved for the purpose of its immunization by vaccination; or {4} the movement of any such animal, so long as it is accompanied by a valid certificate of vaccination to indicate that the animal] is duly immunized against the particular disease and it bears proper mark of such vaccination vaccination, marking and 8 (7) the vaccine to an animal may be administered by any person competent under the law for the time being in force to administer it, and issue a certificate of administration of vaccination issue of vaccination (2) where any animal has been vaccinated for any scheduled disease in compliance certificate with the provisions of sub-section (1), the person vaccinating the animal shal] cause to put a mark by branding, tattooing or ear tagging, or in such other manner as the director may, by general or special order, direct and the same shall, unless otherwise specified by the director shall not be removed (3) the authority issuing a certificate of vaccination shall specify the date of vaccination, dates of manufacture and expiry of the vaccine and the date up to which the vaccination of the anima] with the particular vaccine shall be valid, 9 every vaccination certificate issued under this act shall be in such form and shall contain such particulars as may be prescribed by the central government | contents ||--------------|| vaccination || certiticat:, |lo entry and 10 (1) where any area has been declared as a controlled area under sub-section (/) of section 6 in respect of any disease affecting any species of animals, no animal belonging to that species shall be taken out of, or brought into that area save as provided in section 16 | exit | of ||------------|-------|| animals | into || contralled | || area | and || area | |(2) the director may, by notice duly published in the official gazette and at least in one daily loval newspaper in vernacular language, extend the prohibition contained jn sub-section - 2% {/) to any other species of animals, if animals belonging to that species are also likely to be infected with that disease (3) no carrier of goods or animal shall carry any animal from or out ofa controlled area, free area or infected area by land, sea or air unless he complies with the provisions of section 16 (4) nothing contained in sub-sections (/) to (3) shall apply to the carriage by railway 30 or any animal referred to in those sub-sections through any area which, for the time being, is declared as a controlled area or infected area so long as the animal is not unloaded (for whatsoever purpose or duration) in any place within that area: as provided that the state government may, by notification, dectare that any species of animal so carried through any local area within the state shall be duly immunized against such scheduled disease, in such manner and within such time as may be specified in that notification and a certificate of vaccination shall be a pre-requisite for the transportation of the animals by the railways through that area: provided further that, where any notification as referred to in the first proviso has been uo issued, it shall be incumbent on the state government to intimate that fact to the concerned railway authorities so as to enable them to satisfy themselves about the immunization of the animal before transporting it through the local area of the state 11 no person shall take out of the controlled area— precautionary measures in (a) any animal, alive or dead, which is infected with, ar reasonably suspected to have been infected with, any scheduled disease notified under sub-section (/) of section 6, relation to controlled areas us(4) any kind of fodder, bedding or other material which has come into contact with any animal infected with such disease or could, in any manner, carry the infection of the notified disease, or : (c) the carcass, skin or any other pari or product of such animal 12 no person, viganizalion or institution shall hold any animal market, animal prohibition of markets, fair, animal exhibition and carry on any other activity which involves grouping or gathering of any species of animals within a controlled area: fairs, exhibition, provided that the competent officer may, suo motu or on application made to | etc, ||------------|| controlled || arcas |him in this behalf! relax the prohibition in relation to any species of animals, in a case where animals belonging to that species are not susceptible to the scheduled disease and are incapable of carrying it, if he is satisfied that in the public interest it is necessary to accord such relaxation prohibition 13 no person shall bring or attempt to bring into market, fair, exhibition or other congregation of animals or to any public place, any animal which is known to be infected with a scheduled disease | of | bringing ||----------|-------------|| infected | || animals | into || market | and || other | places || check | posts |and quaran- 44, (/) the director may establish as many quarantine camps and check posts within the state as may be required— tine camps (a) for the detention of animals suffering from any scheduled disease or of animals which have come into contact with or have been kept in the proximity of any such infected animal; (b) for ensuring the prevention of entry into or ex't from any controlled area or infected area or free area, of any anima) belonging to the species of animais in respect of which a notification, issued under sub-section (/) of section q ys 6, or an order issued under sub-section (2) of section 7, is in force (2) any animal which is required to be detained, inspected, vaccinated, or marked, may be kept in the quarantine camp for such period as the competent officer may direct a vy (3) every animal detained at a quarantine camp shall be under the custody of the person in charge of the camp, and shall be vaccinated and marked a) (4) [he officer in charge of the quarantine camp shall, at the time of release of an animal from the station, grant a permit, in such form as may be prescribed by the state government, to the person taking charge of the animal, and every such person shall be bound to produce the permit whenever required to do so by any competent officer inspection 15 (/) every person in charge of any check post or quarantine camp shall and detention inspect any animal stopped at the check post, or detained therein or at the quarantine camp | of | animals ||-------|------------|| check | posts || and | quaran- || tine | camps |(2) the manner of inspection and the period of detention of the animal at the check post or at the quarantine camp for the purpose of inspection or for the administration of compulsory vaccination, the marking of animals and the form and manner in which permit for entry in respect of any animal may be issued, shall be such as the director may be prescribed by the state government entry and mo | exit | of ||------------|-------|| vaccinated | || animals | inte |16, notwithstanding anything contained in section 10, an animal belonging to the species of animals in respect of which an area has been declared as a controlled or free area in relation to any scheduled disease, which has been duly vaccinated against that disease, shall be allowed to enter into or be taken out of the controlled area or free area, controlled and free areas or to be taken out of any other place on the production of a certificate to the effect that vaccine against that disease has been administered and a period of not less than twenty- ws one days has lapsed thereafter appointment 17 the state government may, for the proper implementation of the provisions of compe- of this act, by notification, authorise any person to exercise any power or discharge fent officersany duty as a competent officer, under this act, who shall exercise such powers and such duties within the local limits of his jurisdiction as may be specified in the notification cleaning and disinfection 18 (/) every commen carrier whether a vessel or vehicle shall be cleaned and disinfected immediately before and after the transportation of any animal in that vessel or vehicle, and so of carriers also any other place where the animal has been kept in transit s (2) where any area has been declared as a controlled area or free area in respect of any scheduled disease affecting any species of animal, the director may, by an order duly published in the official gazette and in a local newspaper in the vernacular language, direct the owner of every vehicle in which any animal belonging to that species is carried, to have the vehicle properly cleaned and disinfected 19, any veterinary officer or other competent officer may enter upon and inspect any jo powers of entry and inspection land or building or place, vessel or vehicle, for the purpose of ensuring compliance of the provisions of this act or the rules or orders made thereunder, by the persons responsible for such compliance chapter ill infected areas20 ifthe veterinary officer, upon receipt ofa report from a veterinarian or otherwise, is is" declaration of infected arcas satisfied that, in any place or premises falling within his jurisdiction, an animal has been infected with any scheduled disease, or that an animal, which he has reason to believe has been so infected, is kept, may, by notification and publication in at least one local newspaper we in the vernacular language, declare such area as he may deem fit (including the place or premises aforesaid) to b> an infected area lifect at declaration of infected areas 21 (4) where an area has been declared as an infected area under section 20, all provisions of this act which are applicable in relation to a controlled area shall mutatis mutandis apply thereto as if for the words "controlled area,", the words "infected area" have been substituted (2) without prejudice to the generality of the provisions contained in sub-section (/), age the following further provisions shall apply in relation to an infected area, namely:— => (a) in respeci of every animal in that area which is infected or reasonably believed to be infected, with any scheduled disease, the owner or other person in charge of the animal, shal] forthwith get it treated by a veterinarian; (4) all articles, which are likely to have come into contact with any animal referred to in clause (a), shall be treated or disposed off in such a manner as the veterinarian may direct; (c) every veterinarian shall, for the purpose of inspection, have the power to enter any place or premises where any animal is kept or is likely to be kept; (d) the owner or any other person in charge of the animal referred to in clause (a) shall keep the animal in isolation forthwith, and also take such other measures as may be necessary for the prevention, treatment and control of the disease as the veterinarian may direct denotification 22 if the veterinary officer, after such enquiry as he may deem fit, is satisfied that there of infected is no longer the threat or danger of any animal being infected with the scheduled disease in yer area any infected area, by notification and publication in a local newspaper in vernacular language, declare that the area is no longer an infected area as aforesaid, whereupon all the restrictions referred to in section 21 shall cease to apply chapter ivinfected animals gee 23 {7} where the veterinarian has, on receipt of a report or otherwise, reason to believe that any animal is infected with a scheduled disease, he may, by order in writing, segregation examination and treatment direct the owner or any other person in charge of such animal— of infected animals (a) to keep it segregated from other apparently healthy animals; or () to subject it to such treatment as may be required under the circumstances se(2) where any action has been taken in pursuance of sub-section (/), the veterinarian shall forthwith give a detailed report of the incidence of the disease to the veterinary officer (3) on receipt of a report from the veterinarian, the veterinary officer shall, as soon as possible, examine that animal as weil as any other animal which could have come in contact with it, and for that purpose, submit the animal to such test and medical examination as may be required under the circumstances (4) hf, after such test and examination, the veterinary officer is of the opinion that an animal is not infected with any of the scheduled diseases, he shall issue a certificate in writing that the animal is not infected with any such disease 24 (j) where the veterinary officer considers it necessary for the purpose of ascertaining whether the animal which is suspected to have been infected with any scheduled drawing samples from animals disease or susceptible to such infection, is actually infected, or for the purpose of ascertaining the nature of the scheduled disease with which an animal is infected, he may draw such samples, as may be required, from the animal for the purpose of carrying out such investigations as he may deem necessary under the circumstances (2) the veterinary officer or any other competent officer shall draw samples from any animal for the purposes of ascertaining whether the animal has been vaccinated against any disease, or whether the vaccination of the animal has been effective in conferring it immunity and have the samples examined, in such manner as he may deem necessary 25 ifthe veterinary officer deems it necessary that an animal, which is infected with resort to euthanasia a scheduled disease, euthanasia has to be resorted to, for preventing the spread of the disease to other animals in the area, he may, notwithstanding anything contained in any for infected animals other law for the time being in force, by an order in writing, direct euthanasia of the animal and the carcass disposed off immediately to his satisfaction 26 every person in possession of carcass (or any part thereof) of any animal, which, disposal of carcass at the time of its death, was infected with any scheduled disease or was suspected to have been infected, shall dispose it of in such manner as may be prescribed | powers | of ||------------|-------|| veterinary | || 27, | (7) || death | of |qe or cause to be made a post-mortem examination of the animal and for that purpose he may officer and veterinarian cause the carcass of any such animal to be exhumed where required followed by proper - disposal after necessary examination and post-mortem | to | hold | post- ||--------------|---------|-------------|| mortem | | || examination | | || (2) | every | examination || in | such | manner, || ay | | || seizure | and | || removal | of | |28, where any animal which is infected or suspected to have been infected is found without any person claiming to be its owner, or where a valid order or direction given in relation to any such animal is not promptly complied with by the owner or other person in certain animals control of the animal, it shall be open to the veterinary officer or any other competent officer, to seize the animal and remove it to a place of isolation or segregation, as he may deem proper ue chapter v enforcement and penalties29, (1) where by any rule, notification, notice, requisition, order or direction made under this act, any person is required to take any measure or to do anything— (a) in respect of any animal, carcass of any animai or other thing in his custody enforcement of orders and recevery of expensesus" or charge, the same shall be promptly complied with by that person; (5) in case of any stray or ownerless animal, carcass of such animal or parts thereof, the same shall be promptly complied with by the municipality or panchayat, as the case may be, at its cost (2) if the measures as referred to in sub-section (7) are not taken within such time as may be allowed for the purpose, the authority issuing the notice, requisition, order or direction, may cause the measures to be taken ai the cost of the person o1 municipality or panchayat, as the case may be, who or which was required to (ake the measures (3) the costs of any measures taken under sub-section (2), shall be recoverable from the person or the municipality or panchayat, as the case may be, concerned in the manner provided by the code of criminal procedure, 1973, for the recovery of fines imposed by a court, as if such costs were a fine imposed by a court village officers, etc, 30 all municipal, panchayat or village officers and all officers of the rural and dairy development, revenue, agriculture, animal husbandry and veterinary departments of the to assist state government, shali be bound— (a) to give immediate information to tte veterinary officer and to the veterinarian having jurisdiction in the area regarding the prevalence of a scheduled disease amongsi any animal or species of animals, in the area, (2) to take all necessary measures to prevent the outbreak or spread of any scheduled disease; and (c) to assist the veterinary ovlicer and the veterinarian in the discharge of their duties or in the exercise of their powers under this act 31, fany person issues a vaccination certificate,— (a) without authority or competence in that behalf, or ao (+) after administering the vaccine which is known to be defective in any manner, penalty for issuing vaccination certificate without authority or administering he shall be guilty of an offence punishable with a fine of two thousand five hundred rupees or in case of non-payment of fine with imprisonment which may extend to one month, and in _ defective vaccine 25° the case of any subsequent offence, with fine of ten thousand rupees or with imprisonment which may extend to three months penalties 36 32 any person who contravenes the provisions of this act or obstructs the competent officer in performing his duties shal! be guilty of an offence punishable with fine which may extend to five hundred rupees, and in case of failure to pay the penalty with imprisonment for aterm which may extend to one month; and in the case of any subsequent offence (whether under the same provision or any other provision of this act except in case of sections 31 and 33) with a fine of one thousand rupees, or with imprisonment for a term which may extend to two months in case of non-payment of the penalty 33 whoever places or caus's or permits to be placed in any river, lake, canal or any 35 other water body, the carcass or any part of the carcass of any animal which at the time of its death was known to be infected, shall be guilty ofan offence and, on conviction, be punished, penalty for placing infected animal or carcass in river, etc in the case of a first offence with fine of one thousand rupees or with imprisonment of one month in case of non-payment of fine and in the case of subsequent conviction with a fine of two thousand rupees or imprisonment for a term which may extend to three months or with ye both offences by companies 34 (/) where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall 4a?be deemed to be guilty of the offence and shall be liable to be proceeded and punished accordingly: provided that nothing contained in this sub-section shall render such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence (2) notwithstanding anything contained in sub-section (/}, 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 accordingly explanation—for the purposes of this section, (a) "company" means any body corporate and includes a co-operative society registered or deemed to be registered under any law for the time being in force, a firm \o or other association of individuals; and (6) "director", in relation to a firm, means a partner in the firm chapter vi precautionary measures on causative organism, etcprevention 35 (7) in every institution, laboratory or clinic, engaged in the manufacture, testing or research, related to vaccines, sera, diagnostics or chemotherapeutic drugs and aimed at the prevention or treatment of any scheduled disease, adequate precautionary measures shall | of ||-----------|| causative || organism |be taken - (a) to ensure that the causative organism of any scheduled disease does not escape or otherwise get released; ae (4) to guard against any such escape or release; and (c) to warn and to protect everyone concerned in the event of any escape {2) notwithstanding anything contained in any other law for the time being in force, every animal— (a) used for the manufacture, testing or research as referred to sub-section (/), or (5) which is likely to carry or transmit any scheduled disease, shail be promptly administered euthanasia and disposed of by the person in charge of or having control of the institution, laboratory or clinic, as the case may be, referred to in that sub-section (3) every person who is in charge of or having control of an institution, laboratory or 30 clinic referred to in sub-section (/) comply with the provisions of sub-section (7) and subsection (2); and in the event of non-comptiance he shall be guilty of an offence punishable with fine which may extend to five thousand rupees or imprisonment for a term which extend to six months or with both chapter vii miscellaneous35 power to delegate 36 the state government may, by notification, delegate to any officer or authority subordinate to it, all or any of the powers conferred on it by or under this act, except the powers to make rules under sub-section (2) of section 42 37, all officers and authorities under this act shall exercise their powers and discharge their duties conferred or imposed on them by or under this act, in accordance with such orders, not inconsistent with the provisions of this act, as the central government or the state government may, from time to time, make 38 (7) the central government may, by notification, add to, or omit from the schedule any animal disease and the said disease shall, as from the date of the notification, be deemed | officers | and ||-------------|--------|| authorities | to || function | || subject | to || government | || control | || power | to || amend | the || schedule | |s to have been added to, or omitted from, the schedule (2) every notification issued under sub-section (/) shall, as soon as may be after it is issued, be laid before each house of parliament 39 the central government may, with the object of prevention, control and eradication power to issue directions of any infectious or contagious disease of animais, issue such directions to the state government or other authorities under this act, from time to time, including directions for furnishing such returns and statistics on scheduled diseases, and vaccination, as it may deem fit and every such direction shall be complied with 40 every competent officer, director and veterinary officer, while exercising any power or performing any duty under this act, shall be deemed to be a public servant within 45 af 1860 the meaning of section 21 of the indian penal code certain persons to be public servants power to remove 1° difficulties 41, (/) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty: provided that no such order shall be made after the expiry of a period oftwo 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 parliament 42 (/) the central government may, subject to the condition of previous publication, by notificalion, make rules for carrying out the provisions of this act | power ||------------|| central || government |(2) in particular and without prejudice ta the generality of the foregoing power, such to make rules rulus may provide for all or any cf the following matters, namely ~ {u) the form of vaccination certificate and the sarticulars which such certificate shal} contain, under section 9; (4) the matiner of disposa) of carcass, under section 26, {c} the manner of conducting examination and pest-mortem under sub-section (7) and the form of report of post-mortem under sub-section (2), of section 27; 257 (d) any other manner which may be prescribed or in respect of which ruies are required to be made by the central government | | | | | | | | | | | | | | power | of ||------------|-------------|------------|-------------|-------------|-----------|-----|--------------|------------|------|------|-----------|----------|----------|-------|| 43 | (/} | the | state | governments | may, | by | notification | and | with | the | prior | approval | of | the || central | government, | make | regulations | for | carrying | cut | the | purposes | of | this | act | | | || state | | | | | | | | | | | | | | || government | | | | | | | | | | | | | | || 320 | | | | | | | | | | | | | | || (2) | in | particular | and | without | prejudice | to | the | generality | of | the | foregoing | power, | such | || to | make | | | | | | | | | | | | | || tules | | | | | | | | | | | | | | |rules may provide for all or any of the following matters, namely:— {a) the form of permit to be granted by the officer in charge of a quarantine camp, under sub-section (4) of section 14; {6} the manner of inspection and the period of detention of an animal at a check \ ey gj post or at a quarantine camp for the administration of compulsory veccination and marking of animals and the form and manner of issue of entry permit, under subsection (2) of section 15; {c) any other matter in respect of which rule is to be or may be made by the state government laying of 44, (7) every rule made by the central government under this act shail be laid, as soon uo rules, 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 of 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 usin such modified form or be of no effect, as the case may; so, however, that any such modification or annulment shal! be without prejudice to the validity of anything previously done under that rute (2) 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 legisiature , 45 on the commencement of this act— repeal and savingst3 of 1899 (4) the glanders and farcy act, 1899; 5 of 1910 gi) the dourine act, 1910; and (4ié) any other corresponding law of any state, so far as it is inconsistent with the provisions of this act, 5 shall stand repealed: provided that nothing contained in this section shall - (a) affect the previous operation of any such provision of law or anything duly done or suffered thereunder; jo {) affect any right, privilege, obligation or liability acquired, accrued or incurred under any such provision of law; (c) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any such provision of law; or (a) attect any investigation, legal proceeding or remedy in respect of any such rigiut, privilege, obligation, lability, penalty, forfeiture or publishment as aforesaid; and every such investigation, legal proceeding or remedy may be continued, instituted or enforced, and uny such penalty, forfeiture and punishment may be imposed, as if the aforesaid provisions of law had continued: ° provided further that, anyihing done or ary action taken ender any such provision of 2 jaw, including any notification, order, notice or receipt issued or declaration made, shall in so far as itis not inconsistent with the provisions of this act, be deemed tc have been done, iaken, issued or make under the corresponding provisions of this act, and shall continue in turce accordingly urtess and unt!! superseded by anything done or any action taken under his aci part ]list-a : diseases - communicable diseases which have the potential for very serious and rapid spread, irrespective of health, consequence and which are of major importance in the international trade of livestock and livestock products 1 foot and mouth disease (fmd)— | (9) | fmd | - | virus | - | 0, ||--------|--------|------|----------|------|--------|| (2) | fmd | - | virus | - | a || (i) | fmd | - | virus | - | c || "jo | | | | | || (iv) | fmd | - | virus | asia | - || (v} | fmd | - | virus | not | typed | rinderpest 2 peste des petits ruminants 3 4 contagious bovine pleuropneumonia \$~ 5 blue-tongue 6 sheep pox and goat pox 7, hog cholera (swine fever) 8 newcastie disease (ranikhet disease) part iilist-b ; diseases - communicable diseases which are considered to be of socioeconomic, public health importance and which are significant in the international trade of livestock and tivestock products, (a) multiple species diseases: —| ) | anthrax ||-------|-----------------------------|| 2 | echinococcosis/hydatidosis || 3 | leptospirosis || 4 | q || 5 | rabies || 6 | paratuberculosis || 30 | | (&) cattle diseases: —| anaplasmosis 2 babesiasis bovine brucellosis (8rucella abortus) 3 4 bovine genital campylobacteriosis 357 5 bovine tuberculosis (afycobacterium bovis) 6 cysticercosis (cysticercus bevis) 7, dermatophilosis 8 enzootic bovine leucosis yo9 haemorrhagic septicaemia | 16 | infectious | bovine | rhinotracheitis | (br/ipv} ||--------|------------------|------------|--------------------|--------------|| 11 | theileriasis | | | || 12 | trichomoniasis, | | | || 13 | trypanosomiasis | | | || 14 | bovine | spongiform | encephalopathy | (bse) |{c) buffalo diseases:— | | | | 1 | babesiosis ||----|--------|-------------|---------------------|----------------|| 2 | bovine | brucellosis | (brucella | abortus) || 3, | bovine | genital | campylobacteriosis | |le 4 bovine tuberculosis (mycobacterium bovis) | 5, | cysticercosis | (cysticercus | bovis) ||-------|------------------|-----------------|-----------------|| 6 | haemorrhagic | septicaemia | || 7, | infectious | bovine | rhinotracheitis || 8 | trichomoniasis | | |is 9 trypanosomiasis {d) sheep and goat diseases: - | | | caprine | and | ovine ||-------|------------|------------|------------------|| 2 | contagious | agalactia | || 3, | contagious | caprine | pleuropneumonia |a? 4 enzootic abortion of ewes (2) horse diseases:— | | | ] | dourine, ||-----|------------|-------------------|---------------|| 2 | equine | infectious | anaemia, || 3 | equine | influenza | (virus || 25 | 4, | equine | piroplasmosis || 5 | equine | rhinopneumonitis | || 6 | glanders | | || 7 | infections | arteritis | of || 8 | horse | mange | || 3e | 9 | salmonellosis | (sa/monella || 10 | surra | (trypanosoma | evansi) |(f) pig diseases: - 1 cysticercosis (cysticercus cellulosae) 2 porcine brucellosis (brucella suis) 3 s~ (g) poultry diseases:— | 1 | avian | infections | bronchitis ||-------|----------|---------------|--------------------|| 2 | avian | infections | laryngotracheitis || 3 | avian | tuberculosis | || 4, | duck | hepatitis, ||-------|---------------|---------------|| 5 | fowl | cholera || 6 | fowl | pox || 7 | fowl | typhoid || & | infectious | bursal || ss | | || 9 | marek's | disease || 10 | mycoplasmosis | (mycoplasma || 11 | pullorum | disease |(4) diseases of other animal species {o (i) leishmaniasis list c : diseases -—— communicable diseases with important socio-economic or sanitary influence or both | (2) | multiple | species | diseases:— ||----------------|-----------------|-----------------|---------------|| 1 | | | || listeriosis | | | || , | | | || 1s | | | || 2 | blackleg | (black | quarter) || 3 | botulism | | || 4 | other | clostridial | infections || 5 | other | pasteurellosis | || 6 | | | || actinomycosis | | | || 2e | | | || 7 | intestinal | salmonella | infections || 8 | caccidiosis | | || 9 | distomatosis | (liver | fluke) || 10 | filariasis | | || 1! | | | || mucosal | | | || disease | | | || or | | | || bovine | | | || virus | | | || diarrhoea | | | || as | | | || {) | sheep | and | goat || 1 | contagious | pustular | dermatitis || 2 | foot-rot | | || 3 | contagious | ophthalmia, | || 4 | enterotoxaemia | 30 | || 5 | sheep | mange | |{c) horse diseases: - 1 strangies (d) pig diseases:—1 swine erysipelas ria' fe) poultry diseases:— 1 infections coryza 2 avian encephalomyelitis 3 avian spirochaetosis (fowl spirochaetosis) ss 4 avian salmonellosis (excluding fow! typhoid and pullorum disease) 5 avian leucosis (f) dog and cat diseases:—1 canine distemper (g) exotic or emerging diseases:— bo 1 , bovine spongiform encephalopathy 2 scrapie 3 avian influenza 4 african swine feveradoption of improved anima! husbandry practices by the livestock owners coupled with timely immunizations and treatment of affected animals along with effective prevention of spread of disease pathogens from an infected area to other areas can result in reducing incidence of the communicable diseases significantly however, in india our efforts to control the major infectious and contagious diseases in animals like foot and mouth disease (fmd), peste des petits ruminants (ppr), haemorrhagic septicaemia (hs), black quarter (bq), and anthrax are constrained in the absence of a uniform legislation in the country even though the programme for dealing with the control and prevention of animal diseases has been going on since the second five year plan, these major diseases still continue to be serious threats to the livestock sector 2, india is a member of the office international des epizooties (ote), paris for the import and export of animals and animal products (including milk, eggs, meat and other products and by-products) recognition by the oie as regards freedom from particular disease or diseases in the country is necessary this recognition is accorded by the oie to the member countries, subject to the fulfilment of certain requirements, as prescribed in the international animal health code (iahc) of oie it is obligatory for the member countries to provide to the ote information regarding anima} health status and also to follow the oie guidelines on the control of animal diseases in order to get their recognition as regards the absence/presence of certain diseases, particularly the diseases like foot and mouth disease (fmd), rinderpest (rp), contagious bovine pleuro-pneumonia, etc the provisions of lahc of oif are binding on member countries for the purpose of international trade in animais and attimal products the world trade organisation (wto) and the codex alimentarius also recognise these provisions of the iahc of oie it has, therefore, become necessary on the part of india to undertake necessary legislative measures to meet its obligations so as to enjoy the benefits under the international animal health code 3 the movement and transportation of animals from one part of the country to another, having become faster and more commonly in vague, the spread of contagious diseases has also become easier some of the animal diseases such as tuberculosis and rabies are zoonotic in nature, ie these are communicable to human beings while creating awareness of animal diseases and popularisation of measures such as vaccination, to some extent, contribute to control the diseases, no appreciable results could be achieved unless the law relating to animal diseases has a nation-wide impact 4 itis, therefore, proposed to enact a suitable legislation by parliament under article 2533 of the constitution forthe prevention of infectious and contagious diseases in animals which will be a uniform law throughout the country the proposed legislation will take care of outbreak of diseases in animals and provide for effectively controlling and containing infectious and contagious animal diseases including zoonotic diseases and thus prevent the spread of such diseases 5 the proposed legistation, inter alia, seeks to provide for— (i) monitoring, effective contro! and containment of infectious and contagious diseases which normally afflict animals so as to prevent the spread of the diseases and in due course eradicate them from the nation as a whole; {ii} spelling out the diseases and declare certain areas as "controlled area" vis-dvis any particular disease; (iii) getting freedom from a specific disease in respect of the specified areas for facilitating the international trade of jivestock and sivestock products; giv) effective control, containment and eradication of infectious diseases from the country, by declaring the controlled areas; (v¥) imposing of restrictions to regulate the movement of diseased animals; (v1) allowing free movement of vaccinated and marked animals within the specified area; (vii) ensuring protection from disease and eliminating the possibility of spreading of infection to healthy animals; (viii) facilitating the implementation of the regulatory measures by providing check posts and quarantine stations 6 the notes on clauses explain in detail the various provisions contained in the bill, 7 the bill seeks to achieve the above objects new delhe sharad pawar the &th december, 2005clause 1 - sub-clause (1) of this clause provides for the short title on the proposed legislation, the area of its operation and its applicability the propased legislation shall not be applicable to the state of jammu & kashmir as certain preparatory steps are required to be taken before the different provisions of the proposed legislation are brought into force in different states, it is proposed to empower the central government to appoint different dates for the purpose clause 2--this clause contains definitions of certain expressions used in the bill the definitions of "animal", "controlled area", "free area", "infected anima!", "infected area", "sheduled disease" and "veterinary officer" are some of them the word "animal" means cattle, buffalo, sheep, guat, yak, mithun, dog, cat, pig, horse, camel, ass, mule, poultry, bees and any other anima! or bird as the centra] government may by notification in the official gazette, specily, clause 3 ~this clause provides for the appointment of veterinarians and veterinary officers by the state government and determine their focal limits of jurisdictions clause 4, -this clause provides for compulsery reporting of scheduled diseases by the owners of animals and otkec related bodies like village panchayats to the local veterinariar of veterinary officer who in turn would send the information to the director in charge of the state anima! husbandry or veterinary departient for taking action inciuding intimating tc the directors of animal husbandry of the neighbouring states to take necessary preventive measures clause 5 --this clause lays down the duty of the owner of the animal to segregate the infected animals and the procedure for keeping the segregated animals clause 6 -this clause empowers the state government to declare an area to be a controlled area and subject the animals in the area to compulsory vaccinations and declare or notify the areas as free after verification that the scheduled disease does no longer exist in the contralled area clause 7 -this clause empowers the director to notify in the official gazette prohibiting the movement of animals from one place to another clause &—this clause provides for vaccination and marking of the animals against the scheduled diseases and issue of vaccination certificate clause 9 —this clause empowers the central government to lay down, by rules, the form and contents of vaccination certificate clause 10 -this clause provides restriction in movement of animals into controlled and free areas for which the director has to issue a notice to be published in the official gazette and local newspapers in vernacular language clause 11 -this clause provides for precautionary measures to be taken in the controlled areas where no person is allowed to take out any infected animal, feed, beddings, etc, out of the controlled area clause 12, —~this clause prohibits holding of animal market, animal fairs and animal exhibitions in the controiled area clause 13 —this clause prohibits bringing of any infected animal into the market and other public places like fairs, exhibitions, etc - clause! 4--this clause provides for the establishment of check post and quarantine camps within the state by the concerned director for detention of any infected animal, prevention of entry or exit of animals from and into the controlled or infected area and vaccination and marking of the animal clause 15 —this clause provides for inspection and detention of the animals at check pests and quarantine camps clause 16 ~this clause provides for regulation of movement of vaccinated animals inte controlled and free areas clause 17 —this clause provides for empowering the state governments to appaint competent officers to exercise the powers under the proposed legislation within the local limits of their jurisdiction clause 18—this clause provides for the procedure for cleaning and disinfection of the carriers used for transportation of infected animals clause 19 —this clause empowers the veterinary officer or competent officer to enter and inspect the premises, vesse! or vehicle as and when required to ensure compliance of the provisions of the proposed legislation clause 20 -this clause provides for empowering the veterinary officer to declare and notify any place as an infected area and the procedure for issuance of such notification clause 21~this clause specifies the effect of declaration of infected areas and provides certain measures to be taken by the owner of the animal and veterinarians for keeping the infected animals in isolation and also for disposal of all articles which came in contact with the infected animal clause 22 —this clause empowers the veterinary officer to de-notify infected area to be free of the disease after the threat or danger of infection is over clause 23—this clause provides for segregation, examination and treatment of infected animals and also issuance of disease free certificate in case the animal is not found infected after examination and testing, clause 24 —this clause provides for the authority to veterinary officer or any other competent officer to draw sampies from animals infected with any infection for investigation, clause 25, -this clause empowers the veterinary officers to decide on euthanasia for infected animals to prevent the spread of the disease to other animals and disposal of carcass clause 26 —this clause empowers the central goverment to lay down rules governing the manner of disposal of carcass or any part thereof of any animal which, at the time of its, death, was infected with any scheduled disease or was suspected to have been infected with such disease the manner of disposal of the infected carcass of the animals died due to a scheduled disease will also be laid down by rules we clause 27 -this clause empowers the veterinary officer or any veterinarian to conduct post mortem examination of animals died due to infection of any scheduled disease clause 28 —this clause empowers the veterinary officer or any other competent officer to seize the ownerless animals or animals of such owner not complying with the directions of competent authority and remove the same to a place of isolation clause 29—this clause provides for enforcement of orders, rules, notification, direction, etc, and recovery of cost in the event of non-compliance of such orders, etc clause 30 -this clause lays down the measures required to be taken to control the prevalence of scheduled disease and the measures to be taken to control the outbreak of such diseases it further provides that all municipal, panchayat or village officers and that all officers of the concerned departments of the state government have to assist and provide information to the veterinary officer and veterinarians for achieving the purposeclause 31, —this clause lays down the penalty for administering defective vaccine and issuing a vaccination certificate without authority or competence, clause 32 -this clause provides for penalties for obstructing the competent officer in performing his duties clause 33 ~this clause provides for the details of penalty for placing infected animal or carcass in rivers or any other water body clause 34, ~this clause provides for penalties for commission of offences by companies including co-operative societies, firms and other association of individuals clause 35 —this clause provides for the measures to be undertaken by an institution engaged in the manufacture, testing and research related to vaccine, sera and diagnostics or chemotherapeutic drugs aimed at prevention or treatment of any scheduled disease to prevent escape of causative organism and ensure remedial measures in case of escape clause 36 ~this clause empowers the state government to delegate its powers, except the power to make rules, to any subordinate officer or authority clause 37 —this clause authorises the officers and authorities to exercise their powers and discharge their functions as per the provisions of the proposed legislation clause 38 —-this clause empowers the central government to amend,-by notification, the schedule to the proposed jegislation containing the list of animal! diseases in the official gazette sub-clause (2) of this clause provides that every such notification is required to be laid before parliament clause 39 ~this clause empowers the central government to issue directions for prevention, control and eradication of the infectious or contagious disease of animals and gather information by way of returns or furnishing of statistics in respect of any scheduled disease or vaccination - clause 40, -this clause specifies that every competent officer, director or veterinary officer acting urider the proposed legisiation shall be public servants within the meaning of section 21 of the indian penal code clause 41 —sub-clause (1) of this clause empowers the ceniral government to remove any difficulty which may arise in giving effect to the provisions of the proposed legislation by order published in the official gazette such order shall not be inconsistent with the provisions of the proposed legislation this power can be exercised only within two years from the commencement of the proposed legislation sub-clause (2) requires that every such order shall be required to be laid before each house of parliament clause 42 --sub-ctause (1) of this clause empowers the central government to make rules to carry out the provisions of the proposed legislation sub-clause (2) enumerates the various matters in respect of which such rules may be made these matters include the form of vaccination certificate, the manner of disposal! of carcass and the manner of conducting post-mortem of body of animats died due to any scheduled disease clause 43 - sub-clause (1) of this clause empowers the state governments to make rules with the previous approval of the central government to carry out the provisions of the proposed legislation sub-clause (2) enumerates the various matters in respect of which such rules may be made these matters infer alia include the form of permit in respect of quarantine camp and manner of inspection and the period of detention of animals at check post or quarantine camps clause 44 - this clause provides that every rule made by the central government under the proposed legislation shall be required to be jaid, as soon as may be after it is made, before each house of parliament and similarly, every rule made by the state government shall be required to be laid before the state legislatureclause 45 -this clause provides for repealing of all corresponding laws, namely, the glanders and the farcy act, 1899, the dourine act, 1910 and any other corresponding law of any state in so far as it is inconsistent with the provisions of the proposed legislation ft also provides for saving of anything done or any action taken under the laws which are being repealed, the schedule to the bil! enumerates the yarious animal diseases which are scheduled diseases for the purpose of the proposed legislationclause 3 of the bill empowers the state government to appoint, by notification in the official gazette, such number of persons, as it deems proper, to be veterinarians to undertake inspection and such number of veterinarians to be veterinary officers for exercising such powers and discharging such functions as may be assigned to them it is proposed to utilise the services of the existing officers of the state governments for being appointed as veterinarians and veterinary officers clause 17 of the bill empowers the state governments to authorise any person to function as competent officer under the proposed legislation as it is proposed to utilise the services of the serving officers of the state governments and union territories for the purposes of the proposed legislation, no additional expenditure, both recurring and non-recurring, from the consolidated fund of india is likely to be involvedsub-clause (o} of clause 2 of the bill defines "scheduled disease" as any disease included in the schedule to the proposed legislation the schedule enumerates the various infectious and contagious diseases of animals sub-clause (1) of clause 38 of the bill empowers the centra! government to add to, or omit from, the schedule any animai disease, by notification, in the official gazette sub-clause (2) of clause 38 requires that every notification issued under sub-clause (1) shal! be required to be laid before each house of parliament 2 sub-clause (1) of clause 42 of the bil 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 the said clause enumerates the matters in respect of which such rules may be made_under the proposed legislation these matters, infer alia, relate to the form of vaccination certificate and the particulars which such certificate shall contain under clause 9 of the bill, the manner of disposal of carcass under clause 26, the manner of conducting examination and post-mortem under sub-clause (1) and the form of report of post-mortem under sub-clause (2) of clause 27, , 3 sub-clause (1) of clause 43 of the bill empowers the state government to make tules, by notification in the official gazette, for carrying out the provisions of the proposed - legislation sub-clause (2) of the said clause enumerates the matters in respect of which such rules may be made under the proposed legislation these matters, inter alia, relate to the form of permit to be granted by the officer in clarge of a quarantine camp, under subclause (4) of clause 14, the manner of inspection and the period of detention of an animal at a check post or ata quarantine camp for the administration of compulsory vaccination and marking of animals and the form and manner of issue of entry permit, under sub-clause (2) of clause 15, 4, 5ub-clause (1) of the said clause 44 of the bill requires that the rules made by the centrai government under the proposed legislation shall have to be laid before parliament similarly, sub-clause (2) requires that the rules made by the state government under the proposed legislation shall have to be laid before the state legislature § the matters in respect of which notifications may be issued or 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

Parliament_bills

13f5aeb5-4591-5a90-a5d1-03a965cd93de

the consumer protection bill, 2015———— arrangement of clauses———— chapter i preliminary clauses1 short title, extent, commencement and application 2 definitions 3 act not in derogation of any other law chapter ii consumer protection councils4 central consumer protection council 5 procedure for meetings of central council 6 objects of central council 7 state consumer protection councils 8 objects of state council 9 district consumer protection council10 objects of district council chapter iii central consumer protection authority11 establishment of central consumer protection authority 12 selection committee 13 salary and allowances of commissioner and deputy commissioner 14 procedure of central authority 15 objects of central authority 16 powers and functions of central authority 17 powers of central authority to inquire into unfair trade practices and misleadingadvertisement18 prohibition to sale, distribute, etc, articles of food containing extraneous matter 19 regional offices 20 removal of commissioner and deputy commissioners 21 filing of complaint and its disposal 22 fines to be credited to consumer welfare fund 23 appeal 24 penalty for non-compliance with orders of central authority 25 annual report by central authority chapter iv consumer disputes redressal agencies clauses26 establishment of consumer disputes redressal agencies 27 composition of district commission 28 disqualification of members 29 appointment of members of district commission 30 officers and other employees of district commission 31 jurisdiction of district commission 32 manner in which complaint shall be made 33 procedure on admission of complaint 34 reference to mediation 35 finding of district commission 36 review by district commission 37 appeal against order of district commission 38 composition of state commission 39 officers and employees of state commission 40 jurisdiction of state commission 41 transfer of cases 42 circuit benches 43 procedure applicable to state commission 44 appeal to national commission 45 hearing of appeal 46 review by state commission 47 composition and powers of national commission 48 other officers and employees of national commission 49 jurisdiction of national commission 50 power and procedure applicable to national commission 51 power to set aside ex parte orders52 transfer of cases 53 circuit benches 54 vacancy in office of president of commissions 55 experts to assist national commission or state commission 56 appeal against order of national commission 57 finality of orders 58 limitation period 59 administrative control 60 enforcement of orders of district commission, state commission or nationalcommission61 dismissal of frivolous or vexatious complaints 62 appeal against orders chapter v mediation clauses63 establishment of consumer mediation cell 64 empanelment of mediators 65 preference for nominating mediators from panel 66 duty of mediator to disclose certain facts 67 revocation of appointment 68 revocation from panel of mediators 69 procedure of mediation 70 offer of settlement by parties 71 recording settlement and passing of order chapter vi product liability72 product liability and its effects on other laws 73 liability of manufacturer of product 74 exceptions to product liability action 75 liability of sellers of product chapter vii miscellaneous76 protection of action taken in good faith 77 removal of member of national commission, state commission and districtcommission78 vacancies or defects in appointment not to invalidate orders 79 penalties 80 service of notice, etc 81 directions by central government 82 power of central government to make rules 83 power of state government to make rules 84 power of national commission to make regulations 85 rules and regulations to be laid before each house of parliament 86 power to remove difficulties 87 repeal and savingsbill no 226 of 2015 the consumer protection bill, 2015 a billto provide for adequate protection of the interests of consumers and for prevention of unfair trade practices and for the said purposes to make provisions for establishment of the consumer protection councils and other authorities for better administration and for timely and effective settlement of consumers' disputes and for matters connected therewith be it enacted by parliament in the sixty-sixth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the consumer protection act, 20155(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent, commencement and application(3) it shall come into force on such date as the central government may, by notification, appoint and different dates may be appointed for different states and for different provisions of this act(4) save as otherwise expressly provided by the central government, by notification, this act shall apply to all goods and servicesdefinitions2 in this act, unless the context otherwise requires,—5(1) "advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes any notice, circular, label, wrapper, invoice or other documents;(2) "appropriate laboratory" means a laboratory or organisation—(i) recognised by the central government; (ii) recognised by a state government, subject to such guidelines as may be prescribed by the central government in this behalf; or10(iii) any such laboratory or organisation established by or under any law for the time being in force, which is maintained, financed or aided by the central government or a state government for carrying out analysis or test of any goods with a view to determining whether such goods suffer from any defect; (3) "branch office" means—15(i) any office or place of work described as a branch by the establishment;or(ii) any establishment carrying on either the same or substantially the same activity as that carried on by the head office of the establishment;20(4) ''central authority" means the central consumer protection authority established under section 11;25(5) "claimant", in relation to product liability, means any person or a class of persons, who brings a product liability action, and if such an action is brought through or on behalf of an association, the term includes the claimant's descendant, or if such an action is brought through or on behalf of a minor, the term includes the claimant's parent or legal guardian;(6) "complainant" means—(i) a consumer; or (ii) a claimant; or18 of 201330(iii) any voluntary consumer association registered under the companies act, 2013 or under any other law for the time being in force; or(iv) the central government or any state government; or (v) one or more consumers, where there are numerous consumers having the same interest; or35(vi) in case of death of a consumer, his legal heir or representative who or which makes a complaint; or(vii) in case of a consumer who is a minor, his parent or legal guardian; or (viii) a person who has made a complaint against a person who has publicised a misleading advertisement;40(7) "complaint" means any allegation in writing made by a complainant that—(i) an unfair trade practice or a restrictive trade practice has been adopted by any trader or service provider;(ii) the goods bought by him or agreed to be bought by him suffer from one or more defects;45(iii) the services hired or availed of or agreed to be hired or availed of by him suffer from deficiency in any respect;(iv) a trader or the service provider, as the case may be, has charged for the goods or for the services mentioned in the complaint, a price in excess of the price—(a) fixed by or under any law for the time being in force;5(b) displayed on the goods or any package containing such goods; (c) displayed on the price list exhibited by him by or under any lawfor the time being in force;(d) agreed between the parties;(v) goods, which will be hazardous to life and safety when used, are being offered for sale to the public—10(a) in contravention of any standard relating to safety of such goodsas required to be complied with, by or under any law for the time being in force;15(b) if the trader could have known with due diligence that the goodsso offered are unsafe to the public;(vi) services which are hazardous or likely to be hazardous to life and safety of the public when used, are being offered by the service provider which such person could have known with due diligence to be injurious to life and safety;20(vii) he has suffered a loss due to an unfair contract entered into by him,with a view to obtaining any relief provided by or under this act;(8) "consumer" means any person who—25(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or30 35(ii) hires or avails of any services for a consideration which has been paidor promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person (but does not include a person who avails of such services of any commercial purpose)explanation—for the purposes of this clause,—40(a) the expression "commercial purpose" does not include use by a consumer of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment;(b) the expression "buys any goods" and "hires or avails any services" include the transactions made through any mode, inclusive of but not limited to, offline, online through electronic means, teleshopping or direct selling or multi level marketing;45(9) "consumer dispute" means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint;(10) "consumer rights" means the consumer rights enumerated under section 6of the act;(11) "defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for50the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods and the expression "defective" shall be construed accordingly;(12) "deficiency" means—5(i) any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service;10(ii) any act of omission or commission which causes any damage to the consumer on account of negligence or consciously withholding of relevant information by any person to the consumer, and the expression "deficient" shall be construed accordingly;15(13) "design" means the intended or known physical and material characteristics of a product and includes any intended or known formulation or content of the product and the usual result of the intended manufacturing or other process used to produce the product;(14) "district commission" means a district consumer grievance redressal commission established under clause (a) of section 26;21 of 2000(15) "electronic form" shall have the same meaning assigned to it under clause (r)of sub-section (1) of section 2 of the information technology act, 2000;20(16) "electronic intermediary" means any person who provides technologies or process to enable manufacturer, trader and other persons to engage in advertising or selling various goods or services to consumers and includes online marketplaces and online auction sites;2521 of 2000(17) "electronic record" shall have the same meaning as ascribed to it in the information technology act, 2000;(18) "express warranty" means any material statement, affirmation of fact, promise, or description relating to a product, including any sample or model of a product;3 of 19303034 of 2006(19) "goods" means goods as defined in sub-section (7) of section 2 of the sale of goods act, 1930, and includes "food" as defined in clause (j) of sub-section (1) of section 3 of the food safety and standards act, 2006;(20) "harm" means—(i) damage to property other than the product itself; (ii) personal physical injury, illness, or death;35(iii) mental anguish or emotional harm attendant to personal physicalinjuries or illness or damage to property; or(iv) any loss of consortium or services or other loss deriving from any type of harm described in sub-clause (i) or (ii) or (iii) of this clause, but shall not include—(a) harm caused to a product itself;40(b) damage to property under a breach of warranty theory; (c) commercial or economic loss, including direct, incidental or consequential damages;(21) "manufacturer" means a person who—(i) makes or manufactures any goods or parts thereof; or(ii) does not make or manufacture any goods but assembles parts thereofmade or manufactured by others; or5(iii) puts or causes to be put his own mark on any goods made or manufactured by any other manufacturer; or(iv) in the course of business conducted for that purpose, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise is involved in placing a product for commercial purposes; but does not include—10(a) any person who is engaged in a business to design, produce,make, fabricate, construct, or re-manufacture any product (or component part of a product); or15(b) any product seller holding itself out as a manufacturer to theuser of the product; except that any product seller who acts primarily as a wholesaler, distributor, or retailer of products may be a manufacturer with respect to a given product to the extent that such seller designs, produces, makes, fabricates, constructs, or re-manufactures the product before its sale;20 25(22) "mediation" means the process by which a mediator is appointed by the national commission or a state commission or a district commission, as the case may be, mediates the dispute between the parties to the complaint or appeal by the application of the provisions of chapter v of the act, and in particular, by facilitating discussion between parties directly or by communicating with each other through the mediator, by assisting parties in identifying issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, generating options in an attempt to solve the dispute and emphasising that it is the parties' own responsibility for making decisions which affect them;(23) "mediator" is a person who is appointed by the district commission or state commission or national commission as a mediator to help the parties to find their own solution to the dispute;30(24) "material fact" means any specific characteristic or quality of the product, but does not include a general opinion about, or praise of, the product or its quality;(25) "member" includes the president and a member of the national commission or a state commission or a district commission, as the case may be;35(26) "national commission" means the national consumer disputes redressal commission established under clause (c) of section 26;(27)"notification" means a notification published in the official gazette; (28) "person" includes—(i) a firm whether registered or not; (ii) a hindu undivided family;40(iii) a co-operative society;21 of 1860(iv) an association of persons whether registered under the societies registration act, 1860 or not;45(v) any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity including any government entity or unincorporated association of persons;(29) "prescribed" means prescribed by rules made by the central government, or as the case may be, by the state government under this act;5(30) "product" means any article or goods or substance or raw material or extended cycle of the product, in a gaseous, liquid, or solid state, possessing intrinsic value which is capable of delivery either as an assembled whole or as a component part and is produced for introduction to trade or commerce; but it does not include human tissue, blood and blood products, or organs;10(31) "product liability" means the responsibility of a manufacturer or vendor of goods or service provider to compensate for injury or damage caused to a consumer by defective product sold to a consumer or deficiency in services;(32) "product seller" means—(a) a manufacturer or vendor of goods or service provider; or15(b) a person who, in the course of business, sells, distributes, leases, installs, prepares, packages, labels, markets, repairs, maintains, or otherwise is involved in placing a product in the stream of commerce, but does not include—(i) a seller of real property, unless that person is engaged in the sale of constructed house or in the construction of homes or flats;(ii) a provider of professional services in any case in which the sale or use of a product is incidental to the transaction and the essence of the transaction is the furnishing of judgment, skill or services; or20(iii) any person who—(a) acts only in a financial capacity with respect to the sale of the product;(b) is not a manufacturer, wholesaler, distributor or retailer; and25(c) leases a product, without having a reasonable opportunity to inspect and discover defects in the product, under a lease arrangement in which the selection, possession, maintenance and operation of the product are controlled by a person other than the lessor;(33) "recognised agent" means—30(a) a person holding power of attorney, authorising him to make and do such appearances, applications and acts on behalf of any party;(b) a person carrying on trade or business for and in the name of the party not resident within the local limits of the jurisdiction of the district commission or the state commission, where—35(i) the appearance, application or act is made or done, in matters connected with such trade or business only; and(ii) no other agent is authorised to make or do such appearances, applications and acts;(34) "regulations" means the regulations made under this act;40(35) "regulator" means a statutory body or an authority established under any law for the time being in force to regulate any goods or services;(36) "restrictive trade practice" means a trade practice which tends to bring about manipulation of price or its conditions of delivery or to affect flow of supplies in the market relating to goods or services in such a manner as to impose on the consumers unjustified costs or restrictions and includes—45(a) delay beyond the period agreed to by a trader in supply of such goods or in providing the services which has led or is likely to lead to rise in the price;(b) any trade practice which requires a consumer to buy, hire or avail of any goods or, as the case may be, services as condition precedent to buying, hiring or availing of other goods or services;5(37) "service" means service of any description which is made available to potential users and includes but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, board or lodging or both, housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;10(38) "spurious goods and services" means such goods and services which are claimed to be genuine but they are actually not so;(39) "state commission" means a state consumer disputes redressal commission established in a state under clause (b) of section 26;15(40) "trader", in relation to any goods, means a person who sells or distributes any goods for sale and includes the manufacturer thereof, and where such goods are sold or distributed in package form, includes the packer thereof;(41) "unfair trade practice" means a trade practice which, for the purpose of promoting the sale, use or supply of any goods or for the provision of any service, adopts any unfair method or unfair or deceptive practice including any of the following practices, namely:—20(a) the practice of making any statement, whether orally or in writing or by visible representation including by way of electronic record which—(a) falsely represents that the goods are of a particular standard, quality, quantity, grade, composition, style or model;25(b) falsely represents that the services are of a particular standard, quality or grade;(c) falsely represents any re-built, second-hand, renovated, reconditioned or old goods as new goods;30(d) represents that the goods or services have sponsorship, approval, performance, characteristics, accessories, uses or benefits which such goods or services do not have;(e) represents that the seller or the supplier has a sponsorship or approval or affiliation which such seller or supplier does not have;(f) makes a false or misleading representation concerning the need for, or the usefulness of, any goods or services;35(g) gives to the public any warranty or guarantee of the performance, efficacy or length of life of a product or of any goods that is not based on an adequate or proper test thereof:40provided that where a defence is raised to the effect that such warranty or guarantee is based on adequate or proper test, the burden of proof of such defence shall lie on the person raising such defence;(h) makes to the public a representation in a form that purports to be—45a warranty or guarantee of a product or of any goods or services; or a promise to replace, maintain or repair an article or any part thereof or to repeat or continue a service until it has achieved a specified result, if such purported warranty or guarantee or promise is materially misleading or if there is no reasonable prospect that such warranty, guarantee or promise will be carried out;510(i) materially misleads the public concerning the price at which a product or like products or goods or services, have been or are ordinarily sold or provided, and, for this purpose, a representation as to price shall be deemed to refer to the price at which the product or goods or services has or have been sold by sellers or provided by suppliers generally in the relevant market unless it is clearly specified to be the price at which the product has been sold or services have been provided by the person by whom or on whose behalf the representation is made; (j) gives false or misleading facts disparaging the goods, services or trade of another personexplanation—for the purposes of clause (a), a statement that is—15(a) expressed on an article offered or displayed for sale, or on its wrapper or container; or(b) expressed on anything attached to, inserted in, or accompanying, an article offered or displayed for sale, or on anything on which the article is mounted for display or sale; or20(c) contained in or on anything that is sold, sent, delivered, transmitted or in any other manner whatsoever made available to a member of the public, shall be deemed to be a statement made to the public by, and only by, the person who had caused the statement to be so expressed, made or contained;25(b) permits the publication of any advertisement whether in any newspaper or otherwise including by way of electronic record, for the sale or supply at a bargain price, of goods or services that are not intended to be offered for sale or supply at the bargain price, or for a period that is, and in quantities that are, reasonable, having regard to the nature of the market in which the business is carried on, the nature and size of business, and the nature of the advertisementexplanation—for the purpose of clause (b), "bargaining price" means—30(a) a price that is stated in any advertisement to be a bargain price, by reference to an ordinary price or otherwise; or35(b) a price that a person who reads, hears or sees the advertisement, would reasonably understand to be a bargain price having regard to the prices at which the product advertised or like products are ordinarily sold; (c) permits—40(a) the offering of gifts, prizes or other items with the intention of not providing them as offered or creating impression that something is being given or offered free of charge when it is fully or partly covered by the amount charged, in the transaction as a whole;(b) the conduct of any contest, lottery, game of chance or skill, for the purpose of promoting, directly or indirectly, the sale, use or supply of any product or any business interest;45(c) withholding from the participants of any scheme offering gifts, prices or other items free of charge on its closure the information about final results of the scheme explanation— for the purpose of sub-clause (c), the participants of a scheme shall be deemed to have been informed of the final results of the scheme where such results are within a reasonable time published, prominently in the same newspaper in which the scheme was originally advertised;5(d) permits the sale or supply of goods intended to be used, or are of akind likely to be used by consumers, knowing or having reason to believe that the goods do not comply with the standards prescribed by competent authority relating to performance, composition, contents, design, constructions, finishing or packaging as are necessary to prevent or reduce the risk of injury to the person using the goods;10(e) permits the hoarding or destruction of goods, or refuses to sell thegoods or to make them available for sale or to provide any service, if such hoarding or destruction or refusal raises or tends to raise or is intended to raise, the cost of those or other similar goods or services;(f) manufacture of spurious goods or offering such goods for sale oradopting deceptive practices in the provision of services;15(g) fails to issue bill or cash memo or receipt for the goods sold or servicerendered or such bill or cash memo or receipt is issued without mentioning the name of the purchaser;20(h) after selling such goods and rendering of such services, refuses totake back or withdraw the goods or withdraw or discontinue the service and refuses to refund the consideration thereof, if paid, within a period of thirty days after the receipt of goods or availing of services if it is so stipulated and requested by the consumer;25(i) discloses to any other person any personal information given inconfidence by the consumer provided that disclosure of personal information under provisions of any law in force or in public interest shall not be construed as an unfair trade practice;(42) "unfair contract" means a contract between a manufacturer or trader or service provider and a consumer which contains anyone or more of the following terms, namely:—30(i) requires manifestly excessive security deposits to be given by a partyto the contract for the performance of contractual obligations; or(ii) impose any penalty on a party to the contract for the breach thereofwhich is wholly disproportionate to the loss occurred due to such breach to the other party to the contract; or35(iii) refuses to accept early repayment of debts on payment of applicablepenalty;(iv) entitles a party to the contract to terminate without reasonable causethe contract unilaterally;40(v) prohibiting contract relating to terms permitting or having the effect ofpermitting one party to assign the contract to the detriment of the other party without that other party's consent;(vi) imposes on the consumer any unreasonable charge, obligation orconditions which puts the consumer at disadvantages;45(43) "unsafe goods, services and practices" means goods, services and practices that cause physical or mental injury or any loss or damage to any property movable or immovable 3 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 forceact not in derogation of any other law chapter ii consumer protection councils4 (1) the central government shall, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the central consumer protection council (hereinafter referred to as the central council)5central consumer protection council(2) the central council shall consist of the following members, namely:—(a) the minister-in-charge of the department of consumer affairs in the central government, who shall be its chairman; and10(b) such number of other official or non-official members representing such interests as may be prescribed 5 (1) the central council shall meet as and when necessary, but at least one meeting of the council shall be held every yearprocedure for meetings of central council(2) the central council shall meet at such time and place as the chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed156 the objects of the central council shall be to promote and protect the rights of the consumers including—objects of central council(a) the right to be protected against the marketing of goods and services which are hazardous to life and property;20(b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices;(c) the right to be assured, wherever possible, access to a variety of goods and services at competitive prices;25(d) the right to be heard and to be assured that consumer's interests will receive due consideration at appropriate forums;(e) the right to seek redressal against unfair trade practices or restrictive trade practices or unscrupulous exploitation of consumers; and(f) the right to consumer education307 (1) every state government shall, by notification, establish with effect from such date as it may specify in such notification, a council to be known as the consumer protection council for such state (hereinafter referred to as the state council)state consumer protection councils(2) the state council shall consist of the following members, namely:—35(a) the minister-in-charge of consumer affairs in the state government who shall be its chairman;(b) such number of other official or non-official members representing such interests as may be prescribed by the state government;(c) such number of other official or non-official members, not exceeding ten, as may be nominated by the central government40(3) the state council shall meet as and when necessary but not less than two meetings shall be held every year(4) the state council shall meet at such time and place as the chairman may think fit and shall observe such procedure in regard to the transaction of its business, as may be prescribed by the state governmentobjects of state council8 the objects of every state council shall be to promote and protect within the state the rights of the consumers laid down in clauses (a) to (f) of section 69 (1) the state government shall establish for every district, by notification, a council to be known as the district consumer protection council with effect from such date as it may specify in such notification5district consumer protection council(2) the district consumer protection council (hereinafter referred to as the district council) shall consist of the following members, namely:—(a) the collector of the district (by whatever name called), who shall be its chairman; and10(b) such number of other official and non-official members representing suchinterests as may be prescribed by the state government(3) the district council shall meet as and when necessary but not less than two meetings shall be held every year15(4) the district council shall meet at such time and place within the district as the chairman may think fit and shall observe such procedure in regard to the transaction of its business as may be prescribed by the state government10 the objects of every district council shall be to promote and protect within the district the rights of the consumers laid down in clauses (a) to (f) of section 6objects of district council chapter iii20 central consumer protection authority11 (1) the central government shall, by notification, establish with effect from such date as it may specify in the notification, a central authority to be known as the central consumer protection authority to promote, protect and enforce the rights of consumersestablishment of central consumer protection authority25(2) the central authority shall be headed by a commissioner who shall be an officer ofthe level of secretary to the government of india and five deputy commissioners to assist him in the functioning of the central authority(3) the commissioner shall be appointed by the central government from amongst persons not below the age of forty-five years—30(i) who are holding or have held a post equivalent to the post of secretary to thegovernment of india, in the central government, or in any state government or in any central or state public sector undertaking or autonomous bodies or universities; or35(ii) persons of eminence in public or social life, who shall be persons of ability,integrity and standing having special knowledge of and such professional experience of not less than fifteen years in the areas related to the consumers' rights and welfare, consumers' policy, law, economics, business, commerce or industry(4) the deputy commissioners shall be appointed from amongst the persons who are not below the age of forty years—40(i) who are holding or have held a post equivalent to the post of joint secretaryto the government of india, in the central government or in any state government or in any central or state public sector undertaking, autonomous bodies or universities; or(ii) persons of eminence in public life with specialisation or having adequate and expert knowledge with minimum experience of ten years in the areas of consumers rights and welfare, consumer policy, law, medicine, food safety, health, engineering, product safety, commerce, economics, public affairs or administration (5) the deputy commissioner shall head anyone of the following five bureaus in which he has experience and expert knowledge in,—(a) safety in goods and services;5(b) quality assurance and standards; (c) prevention of consumer detriment and unfair terms in consumer contracts;(d) prevention of unfair trade practices, including misleading advertisements;and10(e) enforcement of consumer protection laws(6) the office of the central authority shall be located in delhi (7) the central authority may appoint such number of officers, experts and professionals, for the efficient performance of its functions, as may be prescribed by the central government15(8) the commissioner shall have the powers of general superintendence, direction and control in respect of all administrative matters of the central authorityselection committee12 (1) the commissioner and the five deputy commissioners shall be appointed by the central government on the recommendation of a selection committee and shall hold office for a period of five years or up to the age of sixty-five years, whichever is earlier20(2) the selection committee shall consist of the following members, namely:—(a) secretary of the department of consumer affairs in the government of india— ex officio;(b) secretary, ministry of law and justice, department of legal affairs in the government of india - ex officio;25(c) secretary, ministry of home affairs, government of india - ex officio 13 the salary, allowances and other terms and conditions of, service of commissioner and deputy commissioners shall be such, as may be prescribedsalary and allowances of commissioner and deputy commissioner14 the central authority shall meet at such time and observe such rules of procedure in regard to transaction of business at its meeting as it may specifyprocedure of central authority15 the objects of the central authority shall be—30objects of central authority(i) to protect and enforce the rights of consumers including the right to be protected against the marketing of goods or products and services which are unsafe or hazardous to life and property, the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be;(ii) to prevent unfair trade practices;35(iii) to ensure that no advertisement is made of any goods or services which is misleading or deceiving or contravenes the provisions of this act and rules and regulations made under it; and(iv) to ensure that no person engages himself in unfair trade practices or takes part in the publication of any advertisement which is false or misleading4016 (1) the central authority shall exercise powers and functions assigned to it under the act and, in particular,—powers and functions of central authority5(i) to inquire suo motu or on a complaint or a direction from the government intoviolations of consumer rights enumerated in this act and shall launch prosecution in an appropriate court or district commission or state commission or national commission, as the case may be;(ii) to intervene in any proceeding in any allegation of violation of consumerrights before a court, with the permission of such a court or district commission or state commission or national commission, as the case may be;10(iii) to review factors that inhibit the enjoyment of consumer rights andrecommend appropriate remedial measures;(iv) to review safeguards provided under any law for the time being in force forthe protection of consumers and recommend measures for their effective implementation;15(v) to make recommendations for adoption of international covenants and bestinternational practices on consumer rights for to ensure effective enforcement of consumer rights;(vi) to undertake and promote research in the field of consumer rights; (vii) to spread and promote awareness about the rights of consumers andconsumers' literacy;20(viii) to encourage of non-governmental organisations and other institutionsworking in the field of consumer rights and cooperate and work with consumer protection agencies;25(ix) to conduct investigations, either suo motu or on a complaint or on a referencemade by any consumer disputes redressal agency under chapter iv, into violations of consumers' rights, conduct search and seizure of documents or records or articles and other forms of evidence, summon delinquent manufacturers, advertisers and service providers and to record oral evidence and direct production of documents and records as may be prescribed by the central government;30(x) to pass orders, on the basis of such investigations for recall of goods foundto be unsafe or withdrawal of services found to be unsafe or hazardous and direct, on the basis of its investigations, for discontinuation of practices found to be unfair andprejudicial to consumer interest and order reimbursement of the price of the goods (orservices) so recalled, to purchasers of such goods or services;35(xi) to mandate the use of unique and universal goods identifiers (gtin's) insuch goods, as may be necessary to prevent unfair trade practices and protect consumer interests;(xii) to issue safety notices and alert consumers against unsafe goods or servicesheld to be unsafe;40(xiii) to order withdrawal of advertisements found to be false or misleading anddirect issuance of corrective advertisements, wherever necessary;(xiv) to declare as null and void, terms of contracts found to be unfair to the consumer;45(xv) to impose fine which may extend to fifty thousand rupees and while imposing fine, the following factors shall be taken into account by the central authority in determining the amount of fine:(a) the impact of the violation with respect to population and area affected;(b) the frequency and duration of the violation;(c) the vulnerability of the class of persons likely to be adversely affected by the violation; and50(d) the gross revenue from sales effected by the conduct(xvi) to take cognizance of misleading advertisements; (xvii) to enforce its orders against conduct of the industry, manufacturers or traders or service provider for exploiting consumers' interests;(xviii) to advise ministries and departments on consumer welfare measures;5(xix) to frame regulations and guidelines to prevent unfair trade practices and to protect consumer's interest10(2) the central authority may, either suo motu or on a complaint made or a direction given by the government, after investigation into such violations of consumer rights or any unfair trade practice, or any advertisement prejudicial to the public interest, or to the interest of any consumer or consumers in general or any advertisement in contravention of the rights of the consumers, enumerated in this act, shall forward the matter to the concerned regulator, if any, with its recommendations:provided that the concerned regulator may take cognizance of the matter referred to it and pass necessary directions as it deems fit15 2017 (1) the central authority may inquire into unfair trade practices and any false or misleading advertisement which may come before it for inquiry or upon its own information or knowledge and, if after such inquiry, it is of opinion that any trade practice is unfair or the advertisement is prejudicial to the public interest, or to the interest of any consumer or consumers in general or the advertisement is in contravention of the rights of the consumers, it may, by order direct that—powers of central authority to inquire into unfair trade practices and misleading advertisement(a) the trade practice or the advertisement shall be discontinued or shall not be repeated; or25(b) the trade practice or the advertisement shall stand modified in such manner and within such time as may be specified in the order, to ensure that the trade practice or the advertisement is no longer prejudicial to the public interest or to the interest of any consumer or consumers in general (2) whoever publishes, or is a party to the publication of an advertisement, which—(a) falsely describes any food; or30(b) is likely to mislead as to the nature or substance or quality of any food or gives false guarantee, shall be liable to a penalty which may extend to ten lakh rupees(3) in any proceeding, the fact that a label or advertisement relating to any article of food in respect of which the contravention is alleged to have been committed contained an accurate statement of the composition of the food shall not preclude the central authority from finding that the contravention was committed3518 (1) no person shall manufacture for sale or store or sell or distribute or import any article of food for human consumption containing extraneous matter35prohibition to sale, distribute, etc, articles of food containing extraneous matter(2) the central authority shall have power to impose penalty which may extend to one lakh rupees on any person, whether by himself or by any other person on his behalf, manufactures for sale or stores or sells or distributes or imports any article of food for human consumption containing extraneous matterregional offices19 (1) the central authority may have such number of regional offices at such places, as may be notified by the central government, from time to time(2) each regional office shall be headed by an officer of the level of deputy commissioner40(3) the deputy commissioner of a regional office shall be competent to exercise the powers of the central authority in the states falling within that region including filing of consumer suits in the district consumer grievance redressal commission and state consumer disputes redressal commission within the jurisdiction of regional office headed by him5(4) at district level the powers of the central authority shall be exercised by thedistrict collector concerned who can suo motu or otherwise investigate into a matter forprotection as well as enforcement of the rights of the consumers and each district collector shall submit a monthly report of action taken to the deputy commissioner of the region concerned1020 (1) the central government may remove the commissioner and any deputy commissioner, who—removal of commissioner and deputy commissioners(a) has been adjudged as an insolvent; or(b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or15(c) has become physically or mentally incapable of acting as the commissioner or deputy commissioner; or(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as the commissioner or a deputy commissioner; or(e) has so abused his position as to render his continuance in office prejudicial to the public interest; or20(f) remains absent in three consecutive sittings except for reasons beyond his control25(2) notwithstanding anything contained in sub-section (1) the commissioner and any deputy commissioner shall not be removed from his office except by an order made by the central government on the grounds specified in clauses (d), (e) and (f) of that sub-section and after an inquiry held by a committee comprising of president, national consumer disputes redressal commission and the additional secretary, consumer affairs in such manner as may be prescribed30filing ofcomplaint and its disposal21 (1) a consumer may file his complaint in writing or through electronic mode, as the case may be, either to the district collector concerned, or to the deputy commissioner in the regional office concerned or to the central authority with an undertaking that he/she/it has made complaint to only one of the aforesaid offices(2) in the central authority, the deputy commissioner concerned with the subject matter of the complaint shall look into the complaint and take appropriate action in accordance with the powers conferred on the central authority under this act35(3) a complaint filed by a consumer shall be registered by the office of the district collector or the regional office or central authority, in such manner as may be prescribed40(4) the complaint received under sub-section (1) shall be disposed of by theconcerned authority within thirty days of receipt of such complaint but if any complaint cannot be disposed within such period for factors beyond the control of that authority concerned, such authority must seek extension of time with adequate convincing justifications before expiry of such period in which case the competent authority shall not extend time for disposal of the complaint for more than thirty days45(5) the competent authority to grant extension of time for disposal of complaint is thedeputy commissioner at the regional office in case of district collector and the central authority in case of a request by a deputy commissioner at the regional office or head office22 (1) the amount of fine collected under this act by the central authority at the head office or the regional offices shall be credited to the consumer welfare fund of the central governmentfines to be credited to consumer welfare fund(2) the amount of fine collected by the district collector shall be credited to the consumer welfare fund of the state government concerned5appeal23 (1) appeal against the decision of the district collector shall lie to the deputycommissioner at the regional office concerned(2) appeal against the decision of the deputy commissioner of any regional office shall lie to the commissioner of the central authority1024 (1) the central authority may cause an inquiry to be made into non-compliance of its orders or directions made in exercise of its powers under the actpenalty for noncompliance with orders of central authority15(2) if any person, without reasonable cause, fails to comply with any order or directions of the central authority, he shall be punishable with a fine of not less than twenty-five thousand rupees which may extend to one lakh rupees for each day during which such noncompliance occurs, subject to a maximum of ten lakh rupees(3) if any person does not comply with the orders or directions issued, or fails to pay the fine imposed under sub-section (2), he shall, without prejudice to any legal proceeding, be punishable with imprisonment which may extend to six months or with a fine which may extend to twenty lakhs rupees or with both:15provided that the competent court shall not take cognizance of any offence under this section save on a complaint filed by the central authority or any of its officers authorised by it25 the central authority shall submit an annual report on its functioning and performance and such other reports and returns as may be directed to be submitted, to the central government20annual report by central authority chapter iv consumer disputes redressal agencies26 there shall be established for the purposes of this act, the following agencies, namely:—25establishment of consumer disputes redressal agencies(a) a district consumer grievance redressal commission to be known as the"district commission" established by the state government in each district of the state by notification:provided that the state government may, if it deems fit, establish more than one district commission in a district:30provided further that in a district where no district commission has been established or if established, there exists at any time vacancy in the office of the president or a member, in such case, the state government may, by notification, direct that—35(i) a district commission, as specified in the notification, shall exercise the jurisdiction in respect of such district or districts as may be specified in the notification; or40(ii) the president or a member of a district commission, as the case may be, shall exercise the power or discharge the functions of the president or the member, as the case may be, of any other district commission as may be specified in the notification(b) a state consumer disputes redressal commission to be known as the "state commission" established by the state government in the state by notification; and(c) a national consumer disputes redressal commission to be known as the"national commission" established by the central government by notification527 each district commission shall consist of—composition of district commission(a) a person who is, or has been, or is qualified to be a district judge or an officer not below the rank of a district magistrate in the state or equivalent, who shall be its president;(b) not less than two and not more than such number of members, as may be prescribed, at least one of whom shall be a woman, who shall—10(i) be not less than thirty-five years of age; (ii) possess a bachelor's degree from a recognised university; and15(iii) be a person of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, consumer affairs or administrationdisqualification of members28 a person shall be disqualified for appointment as a member of the district commission if he—20(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the state government, involves moral turpitude; or(b) is an undischarged insolvent; or (c) is of unsound mind and stands so declared by a competent court; or (d) has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government; or25(e) has, in the opinion of the state government, such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member3029 (1) the president and members of the district commission shall be appointed by the state government on the recommendation of the state public service commission in such manner as may be prescribedappointment of members of district commission(2) every member of the district commission shall hold office for a term of five years or up to the age of sixty-five years, whichever is earlier:35provided that a member shall be eligible for reappointment for another term of five years or up to the age of sixty-five years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) of section 27 and such reappointment is also made on the basis of the recommendation of the state public service commission:provided further that a person appointed as a president of the district commission shall also be eligible for reappointment:40provided also that a member may resign his office in writing under his hand addressedto the state government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) of section 2745(3) the salary and allowances payable to, and other terms and conditions of service of the president and members shall be such as may be prescribed by the state government(4) the president or member of the district commission, on ceasing to hold office as such, shall not appear, act or plead before any district commission in that state in which he had been the president or member, as the case may be530 (1) the state government shall provide the district commission such officers and other employees required to assist the district commission in the discharge of its functionsofficers and other employees of district commission(2) the officers and other employees of the district commission shall discharge their functions under the general superintendence of the president10(3) the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the district commission shall be such as may be prescribed by the state governmentjurisdiction of district commission31 (1) subject to the other provisions of this act, the district commission shall havejurisdiction to entertain complaints where the billed value of the goods or services claimed does not exceed rupees fifty lakhs, or up to thrice the limits of such value as may be prescribed15(2) a complaint shall be instituted in a district commission within the local limits of whose jurisdiction,—(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or20(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office, or personally works for gain, provided that in such case the permission of the district commission is given; or(c ) the cause of action, wholly or in part, arises; or(d) the complainant resides or personally works for gain25(3) the district commission shall ordinarily function in the district headquarters and may perform its functions at such other place in the district, as the state government may, in consultation with the state commission, notify in the official gazette from time to time3032 (1) a complaint, in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed, with a district commission by—manner in which complaint shall be made(a) the consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided or in respect of which unfair trade practice is alleged;35(b) any recognised consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided or in respect of which an unfair trade practice is alleged, is a member of such association or not;40(c) one or more consumers, where there are numerous consumers having the same interest, with the permission of the district commission, on behalf of, or for the benefit of, all consumers so interested; or(d) the central government or the state government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general:45provided that the complaint under this sub-section may be filed electronically in such manner as may be prescribed (2) every complaint filed under sub-section (1) shall be accompanied with such amount of fee and payable in such manner, including electronic form, as may be prescribed(3) on receipt of a complaint made under sub-section (1), the district commission may, by order, allow the complaint to be proceeded with or rejected:provided that a complaint shall not be rejected under this section unless an opportunity of being heard has been given to the complainant:5provided further that the admissibility of the complaint shall ordinarily be decidedwithin twenty-one days from the date on which the complaint was filed10(4) where the district commission does not decide the issue of admissibility of the complaint within the period specified in the second proviso to sub-section (3), it shall be deemed to have been admitted except in the case where the complainant has failed to appear before the district commission on the day of hearing for admissibility fixed within twentyone days from the date of filing of the complaint, without any reasonable ground:15provided that if another date of hearing for admissibility is fixed within the next twentyone days from the date of last hearing for admissibility and the complainant fails to appear without any reasonable ground, the admissibility of the complaint shall be decided on merit, or if no date of hearing for admissibility is fixed within twenty one days from the last date of hearing for admissibility, the complaint shall be deemed to have been admitted on the expiry of such twenty-one days:20provided further that in case of complaint filed electronically no physical appearance of the complainant will be necessary for deciding admissibility of the case and unless admissibility of such matter is decided within twenty-one days, the complaint shall be deemed to be admitted after twenty-one days of filing of the complaint(5) where a complaint is allowed to be proceeded with under sub-section (3) or sub-section (4), the district commission may proceed with the complaint in the manner provided under this act:25provided that where a complaint has been admitted by the district commission, it shallnot be transferred to any other court or tribunal or any authority set up by or under any other law for the time being in force18 of 2013explanation—for the purposes of this section, "recognised consumer association"means any voluntary consumer association registered under the companies act, 2013 or any other law for the time being in force3033 (1) the district commission shall, on admission of a complaint, if it relates to any goods,—procedure on admission of complaint35(a) refer a copy of the admitted complaint, within twenty-one days from the date of its admission to the opposite party mentioned in the complaint directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the district commission;40(b) where the opposite party on receipt of a complaint referred to him underclause (a) denies or disputes the allegations contained in the complaint, or omits orfails to take any action to represent his case within the time given by the district commission, the district commission shall proceed to settle the consumer dispute in the manner specified in clauses (c) to (g);4550(c) where the complaint alleges a defect in the goods which cannot be determinedwithout proper analysis or test of the goods, the district commission shall obtain a sample of the goods from the complainant, seal it and authenticate it in the manner prescribed and refer the sample so sealed to the appropriate laboratory along with a direction that such laboratory make an analysis or test, whichever may be necessary, with a view to finding out whether such goods suffer from any defect alleged in the complaint or from any other defect and to report its findings thereon to the district commission within a period of forty-five days of the receipt of the reference or within such extended period as may be granted by the district commission;(d) before any sample of the goods is referred to any appropriate laboratory under clause (c), the district commission may require the complainant to deposit to the credit of the commission such fees as may be specified, for payment to the appropriate laboratory for carrying out the necessary analysis or test in relation to the goods in question;5 10(e) the district commission shall remit the amount deposited to its credit under clause (d) to the appropriate laboratory to enable it to carry out the analysis or test mentioned in clause (c) and on receipt of the report from the appropriate laboratory, the district commission shall forward a copy of the report along with such remarks as the district commission may feel appropriate to the opposite party;15(f) if any of the parties disputes the correctness of the findings of the appropriate laboratory, or disputes the correctness of the methods of analysis or test adopted by the appropriate laboratory, the district commission shall require the opposite party or the complainant to submit in writing his objections in regard to the report made by the appropriate laboratory;(g) the district commission shall give a reasonable opportunity to the complainant as well as the opposite party of being heard as to the correctness or otherwise of the report made by the appropriate laboratory and also as to the objection made in relation thereto under clause (f) and issue an appropriate order under section 3520(2) the district commission shall, if the complaint admitted by it under section 32relates to goods in respect of which the procedure specified in sub-section (1) cannot be followed, or if the complaint relates to any services,—25(a) refer a copy of such complaint to the opposite party directing him to give his version of the case within a period of thirty days or such extended period not exceeding fifteen days as may be granted by the district commission;30(b) where the opposite party, on receipt of a copy of the complaint, referred to him under clause (a) denies or disputes the allegations contained in the complaint, or omits or fails to take any action to represent his case within the time given by the district commission, the district commission shall proceed to settle the consumer dispute,—(i) on the basis of evidence brought to its notice by the complainant and the opposite party, where the opposite party denies or disputes the allegations contained in the complaint; or35(ii) ex parte on the basis of evidence brought to its notice by the complainant, where the opposite party omits or fails to take any action to represent his case within the time given by the commission; (c) where the complainant fails to appear on the date of hearing before the district commission, the district commission may decide it on merits40(3) an electronic intermediary shall provide such information, documents or records as may be reasonably required in a written order by the district commission for the purpose of the procedures under sub-section (1) and sub-section (2)(4) no proceedings complying with the procedure laid down in sub-sections (1)and (2) shall be called in question in any court on the ground that the principles of natural justice have not been complied with45(5) every complaint shall ordinarily be disposed of by the district commission on the basis of an affidavit and documentary evidence placed on record:provided that hearing or examination of parties shall be granted where sufficient cause is shown and reason is recorded in writing by the district commission(6) every complaint shall be disposed of as expeditiously as possible and endeavour shall be made to decide the complaint within a period of three months from the date of receipt of notice by opposite party where the complaint does not require analysis or testing of commodities and within five months if it requires analysis or testing of commodities:5provided that no adjournment shall be ordinarily granted by the district commissionunless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by the commission:provided further that the district commission shall make such orders as to the costs occasioned by the adjournment as may be provided in the regulations made under this act:10provided also that in the event of a complaint being disposed of after the period sospecified, the district commission shall record in writing, the reasons for the same at the time of disposing of the said complaint15(7) where during the pendency of any proceeding before the district commission, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case5 of 1908(8) for the purposes of this section, the district commission shall have the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, namely:—20(i) the summoning and enforcing the attendance of any defendant or witnessand examining the witness on oath;(ii) requiring the discovery and production of any document or other materialobject as evidence;(iii) receiving of evidence on affidavits;25(iv) the requisitioning of the report of the concerned analysis or test from theappropriate laboratory or from any other relevant source;(v) issuing of commissions for the examination of any witness, or document; and (vi) any other matter which may be prescribed30(9) any appearance, application or act in or to a district commission, required or authorised by law to be made or done by a party in such commission may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognised agent, or by an advocate appearing, applying or acting, as the case may be, on his behalf:provided that any such appearance shall, if the district commission so directs, be made by the party in person3545 of 18602 of 1974(10) every proceeding before the district commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the indian penal code and the district commission shall be deemed to be a civil court for the purposes of section 195, and chapter xxvi of the code of criminal procedure, 1973405 of 1908(11) where the complainant is a consumer referred to in sub-clause (iv) ofsub-section (6) of section 2, the provisions of rule 8 of order i of the first schedule to the code of civil procedure, 1908 shall apply subject to the modification that every reference therein to a suit or decree shall be construed as a reference to a complaint or the order of the district commission thereon455 of 1908(12) in the event of death of a complainant who is a consumer or of the opposite partyagainst whom the complaint has been filed, the provisions of order xxii of the first schedule to the code of civil procedure, 1908 shall apply subject to the modification that every reference therein to the plaintiff and the defendant shall be construed as reference to a complainant or the opposite party, as the case may bereference to mediation534 (1) the district commission shall, after admission of the complaint, at the first hearing of the complaint or at any stage during the proceedings, if it appears to the commission that there exists element of a settlement, which may be acceptable to the parties, direct the parties to opt for settlement of dispute by mediation specified under chapter v of this act, except in such cases in which the issues of grave threats to life and grave physical or mental injury are involved(2) before directing the parties to exercise option under sub-section (1), the district commission shall give such guidance as it deems fit to the parties, to opt for settlement of dispute by mediation10(3) where all the parties to the complaint opt and agree for mediation, they shall apply to the commission, within five days of the direction given under sub-section (1), the commission shall, within five days of the receipt of the application, refer the matter to be settled by mediation, and the provisions of chapter v of the act shall apply:provided that the district commission, in the exercise of such powers, shall not refer any dispute to mediation without the written consent of all the parties to the complaint15finding of district commission2035 (1) if, after the proceeding conducted under section 32, the district commission issatisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices are proved, it shall issue an order to the opposite party directing him to do one or more of the following things, namely:—(a) to remove the defect pointed out by the appropriate laboratory from thegoods in question;(b) to replace the goods with new goods of similar description which shall befree from any defect;25(c) to return to the complainant the price, or, as the case may be, the charges paidby the complainant along with such interest on such price or charges as may be decided;30(d) to pay such amount as may be awarded by it as compensation to the consumerfor any loss or injury suffered by the consumer due to the negligence of the opposite party:provided that the district commission shall have the power to grant punitive damages in such circumstances as it deems fit;| ( | e | ) to remove the defects in goods or deficiencies in the services in question; ||-----|-----|---------------------------------------------------------------------------------|| ( | f | ) to discontinue the unfair trade practice or not to repeat it; || ( | g | ) not to offer the hazardous or unsafe goods for sale; |35(h) to withdraw the hazardous goods from being offered for sale; (i) to cease manufacture of hazardous goods and to desist from offering services which are hazardous in nature;40(j) to pay such sum as may be determined by it if it is of the opinion that loss or injury has been suffered by a large number of consumers who are not identifiable conveniently:provided that the minimum amount of sum so payable shall not be less than twenty-five per cent of the value of such defective goods sold or service provided, as the case may be, to such consumers:45provided further that the amount so obtained shall be credited in favour of such person or persons and utilised in such manner as may be prescribed;(k) to issue corrective advertisement to neutralise the effect of misleading advertisement at the cost of the opposite party responsible for issuing such misleading advertisement;(l) to provide for adequate costs to parties; and (m) enforce de-advertising by the party5(2) every proceeding referred to in sub-section (1) shall be conducted by the president of the district commission and at least one member thereof sitting together:10provided that where a president, for any reason, is unable to conduct a proceeding or on leave or otherwise, the state government may, by notification, authorise president of another district commission to act as the president in that district for such period as may be specified:provided further that where a member, for any reason, is unable to conduct a proceeding till it is completed, the president and the other member shall continue the proceeding from the stage at which it was last heard by the previous member15(3) every order made by the district commission under sub-section (1) shall be signed by its president and the member or members who conducted the proceeding:provided that where the proceeding is conducted by the president and one member and they differ on any point or points, they shall state the point or points on which they differ and refer the same to the other member for hearing on such point or points and the opinion of the majority shall be the order of the district commission:20provided further that the other member shall give his opinion on such point or points referred to him within a period of two months from the date of such referencereview by district commission36 any person aggrieved by the order of the district commission, against which no appeal has been preferred, may apply for a review of the order of the district commission within thirty days of such order:25provided that the district commission shall have the power to review its orders only when there is any error apparent on the face of record37 any person aggrieved by an order made by the district commission may prefer an appeal against such order to the state commission on the grounds of facts or law within a period of thirty days from the date of the order, in such form and manner, as may be prescribed:30appeal against order of district commissionprovided that no appeal shall lie from an order passed by the district commission under section 71 on the basis of settlement reached between the parties:35provided further that the state commission may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that there was sufficient cause for not filing it within that period:provided also that no appeal by a person, who is required to pay any amount in terms of an order of the district commission, shall be entertained by the state commission unless the appellant has deposited in the prescribed manner fifty per cent of that amount38 (1) each state commission shall consist of—40composition of state commission(a) a person who is or has been a judge of a high court, appointed by the state government, who shall be its president:provided that no appointment under this clause shall be made except after consultation with the chief justice of the high court;45(b) not less than four, and not more than such number of members, as may be prescribed, and one of whom shall be a woman, who shall have the following qualifications, namely:—(i) be not less than forty years of age;(ii) possess a bachelor's degree from a recognised university;5(iii) be persons of ability, integrity and standing, and have adequate knowledge and experience of at least ten years in dealing with problems relating to economics, law, commerce, accountancy, industry, consumer affairs or administration:provided that a person shall be disqualified for appointment as a member if he—(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the state government, involves moral turpitude; or(b) is an undischarged insolvent; or10(c) is of unsound mind and stands so declared by a competent court; or(d) has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government; or15(e) has, in the opinion of the state government, such financial or other interest, as is likely to affect prejudicially the discharge by him of his functions as a member; or(f) has such other disqualifications as may be prescribed by the state government20(2) the state government shall appoint a member under sub-section (1) on the recommendation of a selection committee consisting of the following members, namely:—(i) a judge of the high court of the state duly nominated by the chief justice of that state—chairman;(ii) secretary of the law department of the state—member;25(iii) secretary in-charge of the department dealing with consumer affairs in the state—member (3) the salary and allowances payable to, and other terms and conditions of service of, the president and members of the state commissions shall be such as may be prescribed by the state government30(4) every member of the state commission shall hold office for a term of five years or up to the age of sixty-seven years, whichever is earlier:35provided that a member shall be eligible for reappointment for another term of five years or up to the age of sixty-seven years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) and such reappointment is made on the basis of the recommendation of the selection committee:provided further that a person appointed as a president of the state commission shall also be eligible for reappointment in the manner provided in clause (a) of sub-section (1) of this section:40provided also that a member may resign his office in writing under his hand addressed to the state government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who is required to be appointed under the provisions of sub-section (2) in place of the person who has resigned45(5) notwithstanding anything contained in sub-section (4), a person appointed as the president or as a member, before the commencement of the consumer protection act, 2015 shall continue to hold such office as president or member, as the case may be, till the completion of his term(6) the president or member of the state commission on ceasing to hold office as such, shall not appear, act or plead before the state commission or any district commission in the state in which he had been the president or member, as the case may be, of the state commission539 (1) the state government shall determine the nature and categories of the officers and other employees required to assist the state commission in the discharge of its functions and provide the commission with such officers and other employees as it may think fitofficers and employees of state commission(2) the officers and other employees of the state commission shall discharge their functions under the general superintendence of the president10(3) the salaries and allowances payable to and the other terms and conditions of service of, the officers and other employees of the state commission shall be such as may be prescribed by the state government40 (1) subject to the other provisions of this act, the state commission shall have jurisdiction—jurisdiction of state commission(a) to entertain—15(i) complaints where the billed value of the goods or services, exceeds rupees fifty lakhs but does not exceed rupees ten crores or up to thrice the limits of the said value as may be prescribed; and20(ii) appeals against the orders of any district commission within the state; and25(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any district commission within the state, where it appears to the state commission that such district commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity (2) a complaint shall be instituted in a state commission within the limits of whose jurisdiction,—30(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or carries on business or has a branch office or personally works for gain; or(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or carries on business or has a branch office or personally works for gain, provided that in such case the permission of the state commission is given; or(c) the cause of action, wholly or in part, arises; or35(d) the complainant resides or personally works for gaintransfer of cases4041 on the application of the complainant or of its own motion, the state commission may, at any stage of the proceeding, transfer any complaint pending before the district commission to another district commission within the state if the interest of justice so requirescircuit benches42 the state commission shall ordinarily function in the state capital but may perform its functions at such other place as the state commission may decide from time to time depending on the pendency from one particular district4543 the provisions relating to the disposal of complaints by the district commission under sections 32, 33, 34 and 35 shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the state commissionprocedure applicable to state commissionappeal to national commission44 (1) any person aggrieved by an order made by the state commission in exercise of its powers conferred by sub-clause (i) of clause (a) of sub-section (1) of section 40 may prefer an appeal against such order to the national commission within a period of thirty days from the date of the order in such form and manner as may be prescribed:5provided that the national commission shall not entertain the appeal after the expiry of the said period of thirty days unless it is satisfied that there was sufficient cause for not filing it within that period:provided further that no appeal by a person, who is required to pay any amount in terms of an order of the state commission, shall be entertained by the national commission unless the appellant has deposited in the prescribed manner fifty per cent of that amount10(2) save as otherwise expressly provided under this act or by any other law for the time being in force, an appeal shall lie to the national commission from any order passed in appeal by any state commission, if the national commission is satisfied that the case involves a substantial question of law15(3) an appeal may lie to the national commission under this section from an order passed ex parte by the state commission(4) in an appeal under this section, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal20(5) where the national commission is satisfied that a substantial question of law is involved in any case, it shall formulate that question(6) the appeal shall be heard on the question so formulated and the respondent shall, after hearing of the appeal, be allowed to argue that the case does not involve such question:25provided that nothing in this sub-section shall be deemed to take away or abridge the power of the national commission to hear, for reasons to be recorded in writing, the appeal on any other substantial question of law, if it is satisfied that the case involves such question of lawhearing of appeal45 an appeal filed before the state commission or the national commission shall beheard as expeditiously as possible and an endeavour shall be made to finally dispose of the appeal within a period of ninety days from the date of its admission:30provided that no adjournment shall be ordinarily granted by the state commission or the national commission, as the case may be, unless sufficient cause is shown and the reasons for grant of adjournment have been recorded in writing by such commission:35provided further that the state commission or the national commission, as the casemay be, shall make such orders as to the costs occasioned by the adjournment, as may be provided in the regulations made under this act:provided also that in the event of an appeal being disposed of after the periodso specified, the state commission or the national commission, as the case may be, shall record in writing the reasons for the same at the time of disposing of the said appeal40review by state commission46 any person aggrieved by the order of the state commission against which noappeal has been preferred, may apply for review of the order of the state commission within thirty days of such order:provided that the state commission shall have the power to review any order made byit, when there is an error apparent on the face of record47 (1) the national commission shall consist of—45composition and powers of national commission(a) a person who is or has been a judge of the supreme court, to be appointedby the central government, who shall be its president:provided that no appointment under this clause shall be made except after consultation with the chief justice of india;5(b) not less than fifteen, and not more than such number of members, as may be prescribed out of which one member shall be a woman and one each shall be from scheduled caste, scheduled tribes, other backward class and minority communities, who shall have the following qualifications, namely:—(i) be not less than forty-five years of age; (ii) possess a bachelor's degree from a recognised university; and1015(iii) be persons of ability, integrity and standing and having adequate knowledge and experience of at least twenty years in dealing with problems relating to economics, law or, commerce or accountancy or industry or consumer affairs or administration or has held the post of not less than secretary or of equivalent in the central government or state government or persons having judicial experience for at least a period of ten years as a presiding officer at the district court or at any tribunal at equivalent level: provided that a person shall be disqualified for appointment as member of national commission or for continuation as such if he—(a) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the central government, involves moral turpitude; or20(b) is an undischarged insolvent; or(c) is of unsound mind and stands so declared by a competent court; or(d) has been removed or dismissed from the service of the government or a body corporate owned or controlled by the government; or25(e) has in the opinion of the central government such financial or other interest as is likely to affect prejudicially the discharge by him of his functions as a member; or(f) has so abused his position as to render his continuance in office prejudicial to public interest:30provided further that every appointment under this clause shall be made by the central government on the recommendation of a selection committee consisting of the following, namely:—(a) a person who is a judge of the supreme court, to be nominated by thechief justice of india—chairman;35(b) the secretary in the department of legal affairs in the government ofindia—member;(c) the secretary of the department dealing with consumer affairs in thegovernment of india—member(2) the salary and allowances payable to, and other terms and conditions of service of the members of the national commission shall be such as may be prescribed by the central government:40provided that a person appointed as president or as a member before the commencement the consumer protection act, 2015 shall continue to hold such office as the president or member, as the case may be, till the completion of his term(3) every member of the national commission shall hold office for a term of five years or up to the age of seventy years, whichever is earlier:45provided that a member shall be eligible for reappointment for another term of five years or up to the age of seventy years, whichever is earlier, subject to the condition that he fulfils the qualifications and other conditions for appointment mentioned in clause (b) of sub-section (1) and such reappointment is made on the basis of the recommendation of the selection committee:5provided further that a person appointed as a president of the national commission shall also be eligible for reappointment in the manner provided in clause (a) of sub-section (1) :10provided also that a member may resign his office in writing under his hand addressed to the central government and on such resignation being accepted, his office shall become vacant and may be filled by appointment of a person possessing any of the qualifications mentioned in sub-section (1) in relation to the category of the member who is required to be appointed under the provisions of sub-section (1) in place of the person who has resigned15(4) a member of the national commission, on ceasing to hold office as such, shall not appear, act or plead before the national commission or any state commission or district commission48 (1) the central government, in consultation with the president of the national commission shall provide such number of officers and other employees to assist the national commission in discharge of its functions as it may think fitother officers and employees of national commission2045 of 1860(2) the officers and other employees of the national commission shall discharge their functions under the general superintendence of the president, national commission and shall be deemed to be public servant within the meaning of section 21 of the indian penal code25(3) the salaries and allowances payable to, and the other terms and conditions of the service of, the officers and other employees of the national commission shall be such as may be prescribed by the central government49 (1) subject to the other provisions of this act, the national commission shall have jurisdiction—jurisdiction of national commission30(a) to entertain—(i) complaints where the billed value of the goods or services claimed exceeds rupees ten crore or up to thrice the limits of the said value as may be prescribed; and35(ii) appeals against the orders of any state commission; and(b) to call for the records and pass appropriate orders in any consumer dispute which is pending before or has been decided by any state commission where it appears to the national commission that such state commission has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in the exercise of its jurisdiction illegally or with material irregularity40(2) the jurisdiction, powers and central authority of the national commission may be exercised by benches thereof—(i) a bench may be constituted by the president with one or more members as the president deems fit:45provided that the senior most member of the bench shall preside over the bench(ii) if the members of a bench differ in opinion on any point, the points shall be decided according to the opinion of the majority, if there is a majority, but if the members are equally divided, they shall state the point or points on which they differ, and make a reference to the president who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more or the other members and such point or points shall be decided according to the opinion of the majority of the members who have heard the case, including those who first heard it:provided that the president or the members, as the case may be, shall give his or their opinion on the point or points referred to him or them within a period of two months from the date of such reference550 (1) the provisions relating to the disposal of complaints by the district commission under sections 32, 33, 34 and 35 shall, with such modifications as may be considered necessary by the commission, be applicable to the disposal of disputes by the national commissionpower and procedure applicable to national commission10(2) without prejudice to the provisions contained in sub-section (1), the national commission shall have the power to review any order made by it, when there is an error apparent on the face of recordpower to set aside ex parte orders51 where an order is passed by the national commission ex parte against the opposite party or a complainant, as the case may be, the aggrieved party may apply to the commission to set aside the said order in the interest of justicetransfer of cases1552 on the application of the complainant or of its own motion, the national commission may, at any stage of the proceeding, in the interest of justice, transfer any complaint pending before the district commission of one state to a district commission of another state or before one state commission to another state commissioncircuit benches2053 the national commission shall ordinarily function at new delhi and perform its functions at such other place as the president of national commission, may decide from time to timevacancy in office of president of commissions54 when the office of president of a district commission, state commission, or of the national commission, as the case may be, is vacant or a person occupying such office is, by reason of absence or otherwise, unable to perform the duties of his office, these shall be performed by the senior most member of the district commission, the state commission, or of the national commission, as the case may be2555 where the national commission or the state commission, as the case may be, on application by a complainant or otherwise, is of the opinion that it involves the larger interest of consumers, it may direct any individual or organisation or expert to assist the national commission or the state commission, as the case may beexperts to assist national commission or state commission30appeal against order of national commission56 any person, aggrieved by an order made by the national commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 49, may prefer an appeal against such order of the national commission to the supreme court within a period of thirty days from the date of the order:35provided that the supreme court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period:40provided further that no appeal by a person who is required to pay any amount in terms of an order of the national commission shall be entertained by the supreme court unless that person has deposited in the prescribed manner fifty per cent of that amount with the supreme courtfinality of orders57 every order of a district commission or the state commission or the national commission, if no appeal has been preferred to the state commission or the national commission or supreme court, against any order under the provisions of this act, shall be final45limitation period58 (1) the district commission, the state commission or the national commissionshall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen(2) notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (1), if the complainant satisfies the district commission, the state commission or the national commission, as the case may be, that he had sufficient cause for not filing the complaint within such period:5provided that no such complaint shall be entertained unless the national commission, the state commission or the district commission, as the case may be, records its reasons for condoning such delayadministrative control1059 (1) the national commission shall have the central authority to lay down such adequate standards as the president may like to in consultation with the central government from time to time to make the provisions for better protection of the interests of consumers and for that purpose shall have administrative control over all the state commissions in the following matters, namely:—| ( | a | ) monitoring performance of the state commission in terms of their disposal by ||-------------------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------------|| calling for periodical returns regarding the institution, disposal and pendency of cases; | | || 15 | | || ( | b | ) investigating into any allegations against the president and members of a || state commission and submitting inquiry report to the state government concerned | | || along with copy endorsed to the central government for necessary action; | | || 20 | | || ( | c | ) issuance of instructions regarding adoption of uniform procedure in the || hearing of matters, prior service of copies of documents produced by one party to the | | || opposite parties, furnishing of english translation of judgments written in any language, | | || speedy grant of copies of documents; | | || 25 | | |(d) overseeing the functioning of the state commission or the district commission either by way of inspection or by any other means the president may like to order from time to time to ensure that the objects and purposes of the act are best served and the standards set by the president are implemented without interfering with their quasi judicial freedom (2) there shall be a monitoring cell to be constituted by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view30(3) the state commission shall have administrative control over all the district commissions within its jurisdiction in all matters referred to in sub-sections (1) and (2)35(4) notwithstanding anything contained in any of the provisions of this act, the central government may, by notification, lay down such standards of performance of various functionaries of the national commission, state commission and district commission including the president and the members of the consumer commission and on other matters concerning the consumer commission as may be considered necessary and supervise their functions with a view to furthering the interest of the consumers, to protect their rights and to secure them speedy, in expensive and simple dispensation of justice in consumer commission(5) the national commission and the state commission shall furnish to the central government periodically or as and when required, any information including the pendency of cases in such form as may be prescribed(6) the state commission shall furnish, periodically or as and when required to the state government any information including pendency of cases in such form as may be prescribed by the state government60 (1) every order made by a district commission, state commission or the national commission shall be enforced by it in the same manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the district commission, the state commission or the national commission to send, in case of its inability to execute such order, to the court within the local limit of whose jurisdiction,—5enforcement of orders of district commission, state commission or national commission(a) in the case of an order against a company, the registered office of the company is situated; or(b) in the case of an order against any other person, place where the person concerned voluntarily resides or carries on business or personally works for gain, is situated,10to pass necessary direction to the law authorities to execute the order15(2) where any order made by the district commission, state commission or the national commission, as the case may be, is not complied with, such person not complying with the order shall be required to pay not less than five hundred rupees or one-half per cent of the value of the amount awarded, whichever is higher, for each day of delay of such noncompliance of the order till it is paid, in addition to the payment of the awarded amount(3) without prejudice to the provisions contained in sub-sections (1) and (2), where any order made under this act is not complied with the district commissions or the state commission or the national commission, as the case may be, may order the property of the person, not complying with such order to be attached20 25(4) no attachment made under sub-section (3) shall remain in force for more than three months at the end of which, if the non-compliance continues, the property attached may be sold and out of the proceeds thereof, the district commission or the state commission or the national commission may award such damages, as it thinks fit, to the complainant and shall pay the balance, if any, to the party entitled thereto30(5) where any amount is due from any person under any order made by a district commission, state commission or the national commission, as the case may be, the person entitled to the amount may make an application to the district commission, the state commission or the national commission, as the case may be, and such district commission or the state commission or the national commission may issue a certificate for the said amount to the collector of the district (by whatever name called) and the collector shall proceed to recover the amount in the same manner as arrears of land revenue35dismissal of frivolous or vexatious complaints61 where a complaint instituted before the district commission, the state commission or the national commission as the case may be, is found to be frivolous or vexatious, it shall, for reasons to be recorded in writing, dismiss the complaint and make an order that the complainant shall pay to the opposite party such cost, not exceeding fifty thousand rupees, as may be specified in the order2 of 197462 (1) notwithstanding anything contained in the code of criminal procedure, 1973,an appeal shall lie both on facts and on law from—appeal against orders(a) the order made by the district commission to the state commission;40(b) the order made by the state commission to the national commission; and (c) the order made by the national commission to the supreme court(2) no appeal shall lie to any court from any order of a district commission or a state commission or the national commission except under sub-section (1)45(3) every appeal under this section shall be preferred within a period of thirty days from the date of an order of a district commission or a state commission or, as the case may be, the national commission:provided that the state commission or the national commission or the supreme court, as the case may be, may entertain an appeal after the expiry of the said period of thirty days, if, it is satisfied that the appellant had sufficient cause for not preferring the appeal within the period of thirty days 5 chapter v mediation 63 (1) the state government shall, establish for the purposes of this act, by notification a district consumer mediation cell attached to the district commission in each district of the state and a consumer mediation cell attached to the state commissionestablishment of consumer mediation cell10(2) the central government shall, establish for the purposes of this act, by notification a national consumer mediation cell attached to the national commission(3) a consumer mediation cell shall consist of such persons as may be prescribed by the central government or the state government, as the case may be(4) every mediation cell shall—15(a) maintain the list of empanelled trained mediators; (b) maintain data on a daily basis and submit report on a monthly basis to the state government or the central government, as the case may beempanelment of mediators2064 (1) the national commission shall, for the purpose of appointing the mediator between the parties in complaint or proceedings, prepare a panel of the mediators and put the same on the notice board and website of the national commission(2) every appointment under sub-section (1) shall be made by the national commission on the recommendation of a selection committee consisting of the president and two members of the national commission25(3) the state commission shall, for the purpose of appointing the mediator to mediate between the parties in the complaint or proceedings prepare a panel of the mediators and put the same on the notice board and website of the state commission(4) every appointment under sub-section (3) shall be made by the state commission, on the recommendation of a selection committee consisting of the president and two members of the state commission30(5) the district commission shall, for the purpose of appointing the mediator to mediate between the parties in the complaints prepare a panel of the mediators and put the same on the notice board and website of the district commission35(6) every appointment under sub-section (5) shall be made by the district commission, on the recommendation of a selection committee consisting of the president and two members of the district commission(7) the consent of the persons whose names are included in the panel shall be obtained before empanelling them(8) the panel of mediators appointed under sub-sections (1), (3) and (5) shall be for a period of five years from the date of empanelment or up to the age of 70 years:40provided that empanelled mediator shall be eligible for further extension for another term of five years or up to the age of 70 years of age, whichever is earlier, subject to the condition that he fulfils the other conditions for appointment mentioned in the chapter and such reappointment is also made on the basis of the recommendation of the selection committeepreference for nominating mediators from panel565 the district commission or the state commission or the national commission shall, while nominating any person from the panel of mediators referred to in section 64 consider his suitability for resolving the consumer dispute(s) involved and shall give preference to those who have proven record of successful mediation or who have special qualification or experience in the mediation66 (1) when a person is approached in connection with his possible empanelment as a mediator, he shall disclose in writing to the parties, any circumstances likely to give rise to a justifiable doubt as to his independence or impartialityduty of mediator to disclose certain facts10(2) every mediator shall, from the time of his appointment and throughout the continuance of the mediation proceedings, without delay, disclose to the parties in writing, about the existence of any of the circumstances referred to in sub-section (1)revocation of appointment1567 upon information furnished by the mediator under section 66 or upon any other information received from the parties or other persons, if the district commission or state commission or national commission, in which the complaint or proceeding is filed, is satisfied, after conducting such inquiry as it deems fit, and after giving a hearing to the mediator, that the said information has raised a justifiable doubt as to the mediator's independence or impartiality, it shall cancel the appointment by a reasoned order and replace him by another mediator20revocation from panel of mediators68 (1) a person whose name is placed in the panel referred to in section 64 may be removed or his name may be deleted from the said panel, by the consumer disputes redressal commission concerned, if,—(a) he resigns or withdraws his name from the panel for any reason; (b) he is declared insolvent by any court or is declared to be of unsound mind;25(c) he exhibits or displays conduct, during the continuance of the mediation proceedings, which is unbecoming of a mediator;(d) the consumer disputes redressal commission concerned which empanelled, upon receipt of information, if it is satisfied, after conducting such inquiry as it deems fit, and is of the view, that it is not possible or desirable to continue the name of that person in the panel:30provided that, before removing his name, under clauses (c) and (d) the district commission, state commission or national commission shall hear the mediator whose name is proposed to be removed or deleted from the panel and shall pass a reasoned order(2) the mediator shall follow such procedure as may be prescribed355 of 1908 1 of 1872(3) the mediator shall not be bound by the code of civil procedure, 1908 or the evidence act, 1872, but shall be guided by principles of natural justice, having regard to the rights and obligations of the parties, usages of trade, if any, and the circumstances of the disputeprocedure of mediation4069 (1) where an agreement is reached between the parties in regard to all the issues in the complaint or proceedings or some of the issues, the same shall be reduced to writing and signed by the parties or their agent(2) the agreement of the parties so signed and attested shall be submitted to the mediator who shall, with a covering letter signed by him, forward the same to the concerned consumer disputes redressal commission in which the complaint or proceeding is pending45(3) where no agreement is arrived at between the parties, before the time limit specified for it or where, the mediator is of the view that no settlement is possible, he shall report the same to the concerned consumer disputes redressal commission, in writing(4) the terms of settlement and the contents of the settlement agreement shall be kept confidential by all parties to the settlement70 (1) any party to the suit may, "without prejudice", offer a settlement to the other party at any stage of the proceedings, with notice to the mediatoroffer of settlement by parties(2) any party to the suit may make a, "with prejudice" offer, to the other party at any stage of the proceedings, with notice to the mediator571 within seven days of the receipt of any settlement, the district commission, state commission or national commission shall pass an order recording that a settlement has been reached between the parties and dispose of the matter:recording settlement and passing of order10provided that if the settlement disposes of only certain issues arising in the complaint or proceeding, the district commission or the state commission or the national commission shall record the settlement on the date fixed and shall include the terms of the said settlement in the order, while deciding the other issues chapter vi product liability15product liability and its effects on other laws72 (1) where any personal injury, death, or property damage is caused to the consumer resulting from defects in the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labelling of any product, the manufacturer or producer of such product shall be liable for the product in product liability action:20provided that in any product liability action, personal injury shall not include mental anguish or emotional harm in the absence of proof of related and contemporaneous personal physical injury, illness, or death73 (1) a manufacturer shall be liable in any product liability action, to a claimant if the claimant establishes all of the following by a preponderance of the evidence:—liability of manufacturer of product25(a) the product contains a manufacturing defect or there is a deviation from manufacturing specifications;(b) the product is defective in design; (c) the product failed to contain adequate instructions of correct use to avoid danger or warnings of the improper/incorrect use;30(d) the product did not conform to an express warranty with respect to the product made by the manufacturer or product seller;(e) the defendant was the manufacturer of the actual product that was the cause of harm for which the claimant seeks to recover compensatory damages; and(f) the dangerous aspect of the product was the proximate cause of the harm suffered by the claimant35(2) the claimant shall prove by a preponderance of the evidence that, at the time the product left the manufacturer's control, the manufacturer knew or, in light of then existing scientific and technical knowledge, reasonably should have known of the danger that caused the claimant's harm40(3) a manufacturer shall not be liable for failure to instruct or warn about a danger that is known or open and obvious to the user or consumer of the product, or should have been known or open and obvious to the user or consumer of the product, taking into account the characteristics of, and the ordinary knowledge common to, the persons who ordinarily use or consume the product45(4) a manufacturer may be subject to liability under this section although it did not engage in negligent or fraudulent conduct in making the express warranty74 (1) a product liability action may not be commenced or maintained against the seller of a product if, at the time of the injury, death, or property damage occurred, the product was misused, altered, or modifiedexceptions to product liability action(2) in any product liability action based on the failure to provide adequate warnings or instructions, the manufacturer shall not be liable, if—5(a) the product was used in a workplace, and the manufacturer provided warnings or instructions to the employer of the claimant, because there was no practical and feasible means of transmitting them directly to the claimant;10(b) the product was sold as a component or material to be incorporated into another product, and the manufacturer provided warnings or instructions to the manufacturer's immediate buyer, and the claimant was exposed to the component or material after it was incorporated or converted into another product;15(c) the product was one that may legally be used or dispensed only by or under the supervision of a class of experts and the manufacturer employed means reasonably calculated to make warnings or instructions available to the using or supervising expert; or(d) the claimant was under the influence of intoxicating alcohol or any non-over the counter drug which has not been prescribed by a physician for use by the claimant 75 (1) no product liability action may be asserted against a product seller other than the manufacturer, unless—20liability of sellers of product(i) the product seller exercised substantial control over the aspect of the design, testing, manufacture, packaging, or labelling of the product that caused the alleged harm for which recovery of damages is sought;25(ii) the product seller altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought;30(iii) the product seller made an express warranty as to such product independent of any express warranty made by a manufacturer as to such product, such product failed to conform to the product seller's warranty, and the failure of such product to conform to the warranty caused the harm complained of by the claimant;(iv) the claimant is unable, despite a good faith exercise of due diligence, to identify the manufacturer of the product;(v) the manufacturer is not subject to service of process under the laws of the state; or35(vi) the court determines that the claimant would be unable to enforce a judgment against the manufacturer: provided that in such cases as specified in clauses (i) to (vi) the claims shall be asserted only against the product seller other than a manufacturer(2) a product seller other than a manufacturer is liable to a claimant on the basis of negligence if the claimant establishes that—40(i) the product seller sold the product involved in such action; (ii) the product seller did not exercise reasonable care in assembling, inspecting,or maintaining such product; or in passing on warnings or instructions from such product's manufacturer about the dangers and proper use of such product; and45(iii) such failure to exercise reasonable care was a proximate cause of the harmcomplained of by the claimant chapter vii miscellaneousprotection of action taken in good faith576 no suit, prosecution or other legal proceedings shall lie against the members of thedistrict commission, the state commission or the national commission or any officer or person acting under the direction of the district commission, the state commission or the national commission for executing any order made by it or in respect of anything which is in good faith done or intended to be done by such member, officer or person under this act or under any rule or order made thereunder77 (1) no member of national commission, state commission or district commissionshall be removed from office except in accordance with the provisions of this section10(2) the central government, in the case of a member of the national commission, andthe state government, in the case of a member of the state commission and district commission, may by order remove from office any member, if he—removal of member of national commission, state commission and district commission(a) has been adjudged an insolvent;15(b) has been convicted of an offence which, in the opinion of the appropriategovernment, involves moral turpitude;(c) has become physically or mentally incapable of acting as a member;(d) has acquired such financial or other interest as is likely to affect prejudiciallyhis functions as a member;20(e ) has so abused his position as to render his continuance in office prejudicialto the public interest;(f) has been guilt of proved misbehaviour:25provided that no member shall be removed from his office except by an order made bythe central government or the state government, as the case may be, on the grounds specified in clauses (d), (e) and (f) and after an inquiry held by a sitting judge of the supremecourt or the high court of the state, as the case may be78 no act or proceeding of the district commission, the state commission or thenational commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereofvacancies or defects in appointment not to invalidate orders penalties30 3579 (1)where a trader or a person against whom a complaint is made or the complainantfails or omits to comply with any order made by the district commission, the state commission or the national commission, as the case may be, such trader or person or complainant shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to three years, or with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees, or with both2 of 1974(2) notwithstanding anything contained in the code of criminal procedure, 1973, the district commission or the state commission or the national commission, as the case may be, shall have the power of a judicial magistrate of the first class for the trial of offences under this act, and on conferment of such powers, the district commission or the state commission or the national commission, as the case may be, shall be deemed to be a judicial magistrate of the first class for the purpose of the code of criminal procedure, 1973(3) all offences under this act may be tried summarily by the district commission or the state commission or the national commission, as the case may beservice of notice, etc80 (1) all notices, required by this act to be served, shall be served in the manner hereinafter mentioned in sub-section (2)510(2) the service of notices may be made by delivering or transmitting a copy thereof by registered post acknowledgment due addressed to opposite party against whom complaint is made or to the complainant by speed post or by such courier service as are approved by the district commission, the state commission or the national commission, as the case may be, or by any other means of transmission of documents including fax message and for the purpose of service of notices to electronic intermediary, the same shall be served at the address provided by the electronic intermediary on the electronic platform from where it provides services as electronic intermediary and for such purpose the electronic intermediary shall designate a grievance officer to accept and process such notices and provide such information, documents or records as required from it15 20(3) when an acknowledgment or any other receipt purporting to be signed by the opposite party or his agent or by the complainant is received by the district commission, the state commission or the national commission, as the case may be, or postal article containing the notice is received back by such district commission, state commission or the national commission, with an endorsement purporting to have been made by a postal employee or by any person authorised by the courier service to the effect that the opposite party or his agent or complainant had refused to take delivery of the postal article containing the notice or had refused to accept the notice by any other means specified in sub-section (2) when tendered or transmitted to him, the district commission or the state commission or the national commission, as the case may be, shall declare that the notice had been duly served on the opposite party or to the complainant:25provided that where the notice was properly addressed, pre-paid and duly sent by registered post acknowledgment due, a declaration referred to in this sub-section shall be made notwithstanding the fact that the acknowledgment has been lost or mislaid, or for any other reason, has not been received by the district commission, the state commission or the national commission, as the case may be, within thirty days from the date of issue of notice30(4) all notices required to be served on an opposite party or to complainant shall be deemed to be sufficiently served, if addressed in the case of the opposite party to the place where business or profession is carried and in case of complainant, the place where such person actually and voluntarily residesdirections by central government3581 without prejudice to the foregoing provisions of this act the central authority, national commission, the state commission and the district commission, in exercise of their powers or the performance of their functions under this act, shall be bound by such directions as the central government may issue from time to time in furtherance of consumers' welfare, protection of consumers' rights and ensuring speedy, inexpensive and simple dispensation of justice to the consumers in the consumer commission4082 (1) the central government may, by notification, make rules for carrying out any of the provisions contained in this actpower of central government to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for,—(a) the number of other official and non-official members under clause (b)of sub-section (2) of section 4;45(b) the precedure for the transaction of business under sub-section (2) of section 5; (c) the number of officers, experts and professionals to be appointed undersub-section (7) of section 11;(d) salary, allwances and other terms and conditions of the commissioner and deputy commissioner under section 13;(e) production of documents and records under clause (ix) of sub-section (1) of section 16;(f) the manner of the removal of the commissioner and deputy commissioner under sub-section (2) of section 20;(g) the manner of registering complaint under sub-section (3) of section 21;5(h) the number of members for the district commission under clause (b) of subsection (1) of section 27;(i) the pecuniary jurisdiction of the district commission under sub-section (1)of section 31;10(j) the manner of filing of complaint electronically under the proviso to clause(d) of sub-section (1) and the manner of payment of fee for filing complaint under subsection (2) of section 32;(k) the pecuniary jurisdiction of the state commission under clause (a) of sub-section (1) of section 40;15(l) the number of members for the national commission under clause (b) of sub-section (1) and the salary, allwances and other terms and conditions of members of the national commission under sub-section (3) of section 47;(m) salaries, allowances and other terms and conditions of service of the officers and other employees of the national commission under sub-section (3) of section 48;20(n) the pecuniary jurisdiction of the national commission under clause (a) of section 49;(o) form of seeking information under sub-section (5) of section 59; (p) the number of persons for consumer mediation cell under sub-section (3)of section 63;25(q) the procedures for mediation under sub-section (2) of section 68;(r) any other matter which is required to be, or may be, prescribed or in respect of which provision is to be made by rules 83 (1) the state governments may, by notification, make rules for carrying out the provisions of this act:power of state government to make rules30provided that the central government may, frame model rules in respect of all or any of the matters with respect to which the state government may make rules under this section, and where any such model rules have been framed in respect of any such matter, they shall apply to the state until the rules in respect of that matter is made by the state government and while making any such rules, so far as is practicable, they conform to such model rules35(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the procedure for the transaction of business under sub-section (4) ofsection 7;(b) the procedure for the transaction of business under sub-section (4) of section 9;40(c) the number of members for each district commission under clause (b) ofsection 27;(d) the manner of appointment of president and members of the districtcommission under sub-section (1) and the salary, allowances and other conditions of service of president and members under sub-section (3) of section 29;(e) the salary, allowances and other terms and conditions of service of theofficers and employees of the district commission under sub-section (3) of section 30;5(f) the number of members for each state commission under clause (b) ofsub-section (1); salary, allowances and other terms and conditions of service of thepresident and members of the state commission under sub-section (3) of section 38;(g) the salaries, allowances and other terms and conditions and the officers andother employees of the state commission under sub-section (3) of section 39;(h) the form and manner of seeking information including pendency of casesunder sub-section (6) of section 59;10(i) any other matter which is to be, or may be prescribed, or in respect of whichprovisions is to be made by rules1584 (1) the national commission may, with the previous approval of the central government, by notification, make regulations not inconsistent with this act to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of this actpower of national commission to make regulations(2) in particular and without prejudice to the generality of the foregoing power, such regulations may make provisions for the cost of adjournment of any proceeding before the district commission, the state commission or the national commission, as the case may be, which a party may be ordered to pay20rules and regulations to be laid before each house of parliament25 3085 (1) every rule and every regulation made under this act shall be laid, as soon asmay be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation(2) every rule made by a state government under this act shall be laid as soon as maybe after it is made, before the state legislaturepower to remove difficulties35| 86 | if any difficulty arises in giving effect to the provisions of this act, the central ||-------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------|| government may, by order in the official gazette, make such provisions not inconsistent | || with the provisions of this act as appear to it to be necessary or expedient for removing the | || difficulty: | || provided that no such order shall be made after the expiry of a period of two years from | || the commencement of this act | || 68 of 1986 | || 87 | ( || repeal and | || savings | || 40 | || ( | 2 || have done or taken under the act hereby repealed shall, insofar as it is not inconsistent with | || the provisions of this act, be deemed to have been done or taken under the corresponding | || provisions of this act | || 10 of 1897 | || ( | 3 || affect the general application of section 6 of the general clauses act, 1897 with regard to the | || effect of repeal | | statement of objects and reasonsthe consumer protection act, 1986 (the said act) was enacted to provide for better protection of the interests of consumers and for the purpose make provision for establishment of consumer councils and other authorities for the settlement of consumer disputes, and for matter connected therewith the said act was amended in 1991, 1993 and 2002 to make provisions of the act more effective although, the working of the consumer dispute redressal agencies has served the purpose to a considerable extent under the said act, the disposal of cases has not been fast due to the various constraints several shortcomings have been noticed while administering the various provisions of the said act2 consumer markets for goods and services have undergone drastic transformation since the enactment of the consumer protection act in 1986 the modern market place contains a plethora of products and services the emergence of global supply chains, rise in international trade and the rapid development of e-commerce have led to new delivery systems for goods and services and have provided new options and opportunities for consumers equally, this has rendered the consumer vulnerable to new forms of unfair trade and unethical business practices misleading advertisements, tele-marketing, multi-level marketing, direct selling and e-tailing pose new challenges to consumer protection and will require appropriate and swift executive interventions to prevent consumer detriment there is, therefore, a need to modernise the said act to address the myriad and constantly emerging vulnerabilities of the consumer in the market economy extant3 with a view to widen the ambit and amplify the scope of the said act and to modernise the legislation on consumer protection to keep pace with the changes in markets; ensure fair, equitable and consistent outcomes for consumers; enable swift executive intervention in the nature of class action both to prevent consumer detriment and to provide redress to consumers, it has been felt necessary to replace the existing consumer protection act, 1986 by way of introducing a fresh bill, namely, the consumer protection bill, 2015 by repealing the consumer protection act, 19864 the consumer protection bill, 2015 provides for the establishment of an executive agency to be known as the central consumer protection authority (ccpa) to promote, protect and enforce the rights of consumers; make interventions when necessary to prevent consumer detriment arising from unfair trade practices and to initiate class action including enforcing recall, refund and return of products this fills an institutional void in the regulatory regime extant currently, the task of prevention of or acting against unfair trade practices is not vested in any authority this has been provided for in a manner that the role envisaged for the ccpa complements that of the sector regulators and duplication, overlap or potential conflict is avoided5 in the bill, provisions for "product liability" action for or on account of personal injury, death, or property damage caused by or resulting from any product has been added the basis for product liability action and the liability of a manufacturer to a claimant have been provided the provision of "mediation" as an alternate dispute resolution mechanism has been added this is aimed at giving legislative basis to resolution of consumer disputes through mediation, thus making the process less cumbersome, simple and faster this will be done under the aegis of the consumer courts6 the bill, inter alia, provides for several provisions aimed at simplifying the consumer dispute adjudication process of the consumer grievance redressal agencies these include, among others:—(i) enhancing the pecuniary jurisdiction of the consumer grievance redressal agencies;(ii) increasing minimum number of members in the consumer courts to facilitate fast disposal of complaints;(iii) power to review their own orders by the state and district commission; (iv) constitution of 'circuit bench' to facilitate faster disposal of complaints;(v) reforming the process for the appointment of the president and members of the district commission;(vi) enabling provisions for consumers to file complaints electronically; and, (vii) file complaints in consumer courts that have jurisdiction over the place of residence of the complainant, and deemed admissibility of complaints, if the question of admissibility is not decided within the specified period of 21 days 7 the notes on clauses explain in detail the various provisions contained in the bill 8 the bill seeks to achieve the above objectivesnew delhi;ram vilas paswanthe 30th july, 2015 notes on clausesclause 1—this clause clause provides for the short title and commencement of the proposed legislationclause 2—this clause provided for the definition of the expressions used in the proposed legislationclause 3—this clause provides that 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 4—this clause provides for establishment of a central consumer protection council by the central governmentclause 5—this clause provides for the procedure for meetings of central council clause 6—this clause provides for the objects of central council and the consumer rightsclause 7—this clause provides for establishment of state consumer protection councils by the state governmentsclause 8—this clause provides for the objects of the state cosumer protection councilsclause 9—this clause provides for establishment of district consumer protection councils by the state governmentsclause 10—this clause provides for the objects of the district consumer protection councilsclause 11—this clause provides for establishment of central consumer protection authority and its composition with a commissioner and five deputy commissionersclause 12—this clause provides for the composition of the selection committee for selection of commissioner and deputy commissioners and the tenure of appointment of the commissioner and deputy commissionersclause 13—this clause empowers the central government to prescribe the salary and allowances and other terms and conditions of service of the commissioner and deputy commissionerclause 14—this clause provides for the meetings of the central authority clause 15—this clause provides for the objects of the central authority clause 16—this clause provides for the powers and functions of the central authorityclause 17—this clause provides for the powers of central authority to inquire into unfair trade practices and misleading advertisementclause 18—this clause provides for prohibition to sale, distribute, etc, articles of food containing extraneous matterclause 19—this clause provides for establishment of regional offices of the central authorityclause 20—this clause provides for removal of commissioner and deputy commissioners of the central authorityclause 21—this clause provides for filing of complaint before the central consumer protection authority, the procedure for registration of complaints to be prescribed and its disposalclause 22—this clause provides crediting of the fines collected by the central authority to the consumer welfare fund of the central government and the consumer welfare fund of the state governmentsclause 23—this clause provides for the appellate authorities against the orders of the district collector and the deputy commissioners exercising the powers of the central consumer protection authorityclause 24—this clause provides for causing of an inquiry by the central authority for non-compliance of its orders or directions made in exercise of its powers under the proposed legislation and imposition of fines in case of non-complianceclause 25—this clause provides that the central authority shall submit an annual report on its functioning and performance and such other reports and returns as may be directed to be submitted, to the central governmentclause 26—this clause provides for establishment of consumer grievance redressal agencies at the district, state and central levels by the state government and the central government this clause also empowers the state government to establish more than one district commission in a district, direct by notification that a district commission, as specified in the notification, shall exercise the jurisdiction in respect of such district or districts where there are no district commissions or there are vacancies of president and membersclause 27—this clause provides for composition of district commission with one president and not less than two and not more than such number of members as may be prescribed by the state government, minimum age and eligibility criteria for appointmentclause 28— this clause provides for disqualification of members of district commission under certain circumstancesclause 29—this clause provides for appointment of president and members of the district commission by the state government through the state public service commission in the manner as may be prescribed by the state government, tenure of appointment, maximum age, eligibility for re-appointment of president and members of district commission, the salary and allowances payable to, and other terms and conditions of services of, the president and members to be prescribed by the state government and barring appearance before district commission of the president or member of the district commission, on ceasing to hold officeclause 30—this clause makes provision for the state government to provide the district commission such officers and other employees required to assist the district commission in the discharge of its functions and prescribing the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the district commissionclause 31—this clause provides for the pecuniary and geographical jurisdiction for filing of complaints in the district commission it also provides that the pecuniary jurisdiction will be based on the billed value of the goods or services claimed not exceeding rupees fifty lakhs a consumer can file a complaint in a district commission within the local limits of whose jurisdiction he resides or personally works for gain this clause also makes provision for circuit benches of district commissionclause 32—this clause provides the manner in which complaint shall be made including enabling provision for filing of complaints electronically, fee to be prescribed for filing of complaints, time limit of twenty one days for admissibility of complaints, deemed admissibility of complaints if admissibility is not decided within the said twenty one daysclause 33—this clause provides for the procedure to be followed by the district commission on admission of complaint, disposal of a complaint on the basis of an affidavit and documentary evidence placed on record, disposal of a complaint within three months where test or analysis is not required and five months where test is required, passing of interim orders, powres of a civil court in certain matters, appearance by the party in person, or by his recognised agent, or by an advocateclause 34—this clause provides for reference by the district commission of a complaint for mediation with the consent of both the parties to the disputeclause 35—this clause provides for finding of the district commission, after the proceeding has been conducted in a complaint and the district commission is satisifed that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services or any unfair trade practices are proved this clause specifies the relief/compensation a district commission can grant to a consumerclause 36—this clause provides that a district commission shall have the power to review its orders only when there is any error apparent on the face of recordclause 37—this clause provides for appeal against order of the district commission to the state commission on the grounds of facts or law within a period of thirty days from the date of the order, in such form and manner, as may be prescribed; barring appeal from an order passed under clause 71 on the basis of settlement reached between the parties; entertaining appeals by the state commission after the expiry of the period of thirty days on being satisfied that there was sufficient casue for not filing it within that period; entertaining appeal by the state commission only after the appellant has deposited in the prescribed manner fifty per cent of the amount ordered to be paid to the complainantclause 38—this clause provides for composition of the state commission with a president who is or has been a judge of a high court, and not less than four with one woman member, and not more than such number of members, as may be prescribed by the state commission; the minimum age limit of forty years for appointment of member; educational qualification and other eligibility criteria for selection of members; disqualification for appointment as members on certain grounds; composition of the selection committee for selection of members; tenure of appointment of members for five years; upper age limit of sixty years for members; re-appointment of president and members; resignation of members and bar on former presidents and members to appear, act or plead before the state commission or any district commission in the state where they last servedclause 39—this clause makes provision for the state government to provide the state commission such officers and other employees required to assist the state commission in the discharge of its functions and prescribing the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the state commissionclause 40—this clause provides for the pecuniary and geographical jurisdiction for filing of complaints in the state commission and the pecuniary jurisdiction will be based on the billed value of the goods or services claimed beyond rupees fifty lakhs and not exceeding rupees ten crore it also provides that a consumer can file a complaint in state commission within the local limits of whose jurisdiction he resides or personally works for gain this clause also makes provision for circuit benches of state commissionclause 41—this clause empowers the state commission, at any stage of the proceeding, to transfer any complaint pending before the district commission to another district commission within the state if the interest of justice so requiresclause 42—this clause empowers the state commission to have circuit benches clause 43—this clause provides that the provisions under clauses 32, 33, 34 and clause 35 shall, with such modifications as may be necessary, be applicable to the disposal of disputes by the state commissionclause 44—this clause provides for appeal against the order of the state commission to the national commission within a period of thirty days from the date of the order in such form and manner as may be prescribed if the appeal involves a substantial question of law; entertaining the appeal by the national commission after the expiry of the period of thirty days on being satisfied that there was sufficient cause for not filing it within that period; entertaining the appeal the national commission only after the appellant has deposited in the prescribed manner fifty per cent of the amount ordered to be paidclause 45—this clause provides for disposal of appeals by the state commission or the national commission within a period of ninety days from the date of its admission; not granting of adjournment without sufficient cause; recording of reasons if the appeal is disposed of after the specified period of ninety daysclause 46—this clause empowers the state commission to review any order made by it, when there is an error apparent on the face of recordclause 47—sub-clause (1) of this clause provides for composition of the national commission with a president who is or has been a judge of the supreme court to be appointed by the central government after consultation with the chief justice of india and not less than fifteen, and not more than such number of members, as may be prescribed by the central government out of which one member shall be a woman and one each shall be from scheduled caste, scheduled tribes, other backward class and minority communities; minimum age for recruitment of not less than forty-five years; educational qualification and other eligibility criteria for appointment; disqualification for appointment on certain grounds; composition of the selection committee for selection of members of the national commissionsub-clause (2) of this clause provides for exercise of the jurisdiction, powers and authority of the national commission by benches and the senior most member of the bench to preside over the bench and the procedure for deciding any point where there is different of opinionsub-clause (3) of this clause empowers the central government to prescribe the salary and allowances payable to, and other terms and conditions of service of the members of the national commissionsub-clause (4) of this clause provides for tenure of appointment of president and members of the national commission to be five years or up to the age of seventy years, whichever is earlier; conditions of re-appointment for another term of five years or up to the age of seventy years, whichever is earlier, resignation of memberssub-clause (5) of this clause debars a former member of the national commission to appear, act or plead before the national commission or any state commission or district commissionclause 48—this clause makes provision for the central government to provide the national commission such officers and other employees required to assist the national commission in the discharge of its functions and prescribing the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the national commissionclause 49—this clause provides for the original and appellate jurisdiction for filing of complaints in the national commission the pecuniary jurisdiction will be based on the billed value of the goods or service claimed beyond rupees ten croreclause 50—this clause provides that the provides under clauses 32, 3, 34 and clause 35 shall, with such modification as may be necessary, be applicable to the disposal of disputes by the national commissionclause 51—this clause provides for the aggrieved party applying to the national commission setting aside its order passed ex-parteclause 52—this clause empowers the national commission, at any stage of the proceeding, to transfer any complaint pending before the district commission of one state to a district commission of another state or before one state commission to another state commissionclause 53—this clause empowers the national commission to have circuit benchesclause 54—this clause provides that in the case of the position of president in a district commission, state commission, or the national commission is vacant, or the president is unable to perform the duties for any reasons, these shall be performed by the senior-most member of the district commission, the state commission, or the national commission, as the case may beclause 55—this clause provides that in the larger interest of consumers, the national commission or the state commission may direct any individual or organization or expert to assist the national commission or the state commissionclause 56—this clause provides for appeal against the order of the national commission to the supreme court within a period of thirty days from the date of the order; entertaining the appeal by the supreme court after the expiry of the period of thirty days on being satisfied that there was sufficient cause for not filing it within that period; entertaining the appeal the supreme court only after the appellant has deposited fifty per cent of the amount ordered by national commission to be paidclause 57—this clause provides that order of a district commission or the state commission or the national commission shall be final, if no appeal has been preferred against such order to the state commission or the national commission, unless the same is set aside by the state commission or the national commission in final adjudication of the appealclause 58—this clause provides for a limitation period of two years from the date on which the cuase of action has arisen for filing a complaintclause 59—this clause provides for the national commission to lay down adequate standards as the president may like to in consultation with the central government from time to time to make the provisions for better protection of the interests of consumers and for that purpose shall have administrative control over all the state commissions in matters of monitoring performance of the state commission in terms of their disposal by calling for periodical returns regarding the institution, disposal and pendency of cases; investigating into any allegations against the president and members of a state commission and submitting inquiry report to the state government concerned along with copy endorsed to the central government for necessary action; issuance of instructions regarding adoption of uniform procedure in the hearing of matters, prior service of copies of documents produced by one party to the opposite parties, furnishing of english translation of judgments written in any language, speedy grant of copies of documents; overseeing the functioning of the state commission or the district commission either by way of inspection or by any other means the president may like to order from time to time to ensure that the objects and purposes of the act are best served and the standards set by the president are implemented without interfering with their quasi-judicial freedomsub-clause (2) provides for constitution of a monitoring cell by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view sub-clause (3) provides for the state commission to have administrative control over all the district commissions within its jurisdiction in all matters referred to in sub-clauses (1) and (2)sub-clause (4) provides for the central government to lay down such standards of performance of various functionaries of the national commission, state commission and district commission including the president and the members of the consumer commission and on other matters concerning the consumer commission as may be considered necessary and supervise their functions with a view to furthering the interest of the consumers, to protect their rights and to secure them speedy, inexpensive and simple dispensation of justice in consumer commisionsub-clause (5) provides for furnishing of information by the national commission and the state commission to the central government periodically or as and when requiredsub-clause (6) empowers the state government to prescribe the form for seeking any information including pendency of cases from the state commissionclause 60—this clause provides for enforcement of orders of district commission, state commission or national commissionclause 61—this clause provides for dismissal of frivolous or vexatious complaints clause 62—this clause provides that an appeal shall lie both on facts and on law from the order made by the ditrict commission to the state commission; the order made by the state commission to the national commission; and the order made by the national commission to the supreme courtclause 63—this clause provides for establishment of a district consumer mediation cell attached to the district commission in each district of the state and a consumer mediation cell attached to the state commission by the state government and a national consumer mediation cell attached to the national commission by the central government; sub-clause (3) empowers the state government and the central government to decide the composition of mediation cell; sub-clause (4) provides that every mediation cell shall maintain a list of empanelled trained mediators and data on a daily basis and submit report on a monthly basis to the state government or central government, as the case may beclause 64—this clause provides for the procedure of empanelment of mediators, tenure of mediators for a period of five years from the date of empanelment or up to the age of seventy years and for further extension for another term of five years or up to the age of seventy years of ageclause 65—this clause provides for preference for nominating mediators from the panel, considering their suitability for resolving the consumer disputes involvedclause 66—this clause provides that it is the duty of mediator to disclose certain facts which may likely to give rise to a justifiable doubt as to his independence or impartialityclause 67—this clause provides for revocation of appointment of a mediator if there is justifiable doubt as to his independence or impartialityclause 68—this clause provides for removal of the name of a mediator from the panel under certain circumstancesclause 69—this clause provides for the procedure of mediation clause 70—this clause provides that any party to the suit may offer a settlement to the other party at any stage of the proceedings, with notice to the mediatorclause 71—this clause provides that within seven days of the receipt of any settlement, the district commission, state commission or national commission shall pass an order recording that a settlement has been reached between the parties and dispose of the matterclause 72—this clause provides that the manufacturer or producer of such product shall be liable for the product in product liability action where any personal injury, death, or property damage is caused to the consumer resulting from defects in the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging, or labelling of any productclause 73—this clause provides for the grounds or basis on which a claimant can take product liability action against a manufacturerclause 74—this clause provides for exceptions to product liability action against product seller and manufacturerclause 75—this clause provides liability of seller of a product clause 76—this clause makes provision for protection of action taken in good faith by the members of the district commission, the state commission or the national commission or any officer or person acting under the direction of the district commission, the state commission or the national commissionclause 77—this clause provides for removal of members of national commission, state commission and district commissionclause 78—this clause provides that no act or proceeding of the district commission, the state commission or the national commission shall be invalid by reason only of the existence of any vacancy amongst its members or any defect in the constitution thereofclause 79—this clause provides penalties in the event of a trader or a person against whom a complaint is made or the complainant fails or omits to comply with any order made by the district commission, the state commission or the national commissionclause 80—this clause provides for the procedure for service of notice clause 81—this clause empowers the central government to issue directions on administrative matters to the central authority, national commission, the state commission and the district commission, in furtherance of consumers' welfare, protection of consumers' rights and ensuring speedy, inexpensive and simple dispensation of justiceclause 82—this clause provides for the power to the central government to make rulesclause 83—this clause provides for the power to the state governments, government to make rules, conforming to the model rules made by the central governmentclause 84—this clause empowers the national commission to make regulations not inconsistent with the proposed legislation to provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the proposed legislationclause 85—this clause provides that every rule and every regulation made under the proposed legislation shall be laid, as soon as may be after it is made, before each house of parliament and every rule made by a state government under this act shall be laid as soon as may be after it is made, before the state legislatureclause 86—this clause provides for the power to remove difficulties that may arise in giving effect to the provisions of the proposed legislationclause 87—this clause provides for repeal and savings financial memorandumclause 11 of the bill seeks to establish and authority to be known as the central consumer protection authority (hereinafter referred to as the central authority) to promote, protect and enforce the rights of consumers, which will be headed by a commissioner who shall be an officer of the level of secretary to the government of india and five deputy commissioners to assist him in he functioning of the central authority2 clause 13 of the bill provides for the salary, allowance and other terms and conditions of commissioner and deputy commissioners3 clause 19 of the bill provides that the central authority may have such number of regional offices at such places, as may be notified by the central government, from time to time and each regional office shall be headed by an officer of the level of deputy commissioner4 clause 27 of the bill provides that each district commission shall consist of a president and not less than two and not more than such number of members, as may be provided by rules5 sub-clause (3) of clause 29 of the bill provides for the salary and allowances payable to, and other terms and conditions of service of, the president and members of district commission shall be provided by the state government6 clause 30 of the bill makes provision for the state government to provide the district commission such officers and other employees required to assist the district commission in the discharge of its functions and the salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees of the district commission shall be provided by the state government7 clause 38 of the bill provides that each state commission shall consist of a president and not less than four, and not more than such number of members, as may be prescribed and that the salary and allowances payable to, and other terms and conditions of service of, the president members of the state commissions shall be provided by the state government8 clause 39 of the bill makes provisions for the state government to determine the nature and categories of the officers and other employees required to assist the state commission in the discharge of its functions and provide the commission with such officers and other employees as it may think fit and that the salaries and allowances payable to and the other terms and conditions of service of, the officers and other employees of the state commission shall be provided by rules made by the state government9 clause 47 of the bill provides that the national commission shall consist of a president and not less than fifteen, and not more than such number of members, as may be provided by rules the salary and allowances payable to, and other terms and conditions of service of the members of the national commission shall be provided by the central government10 clause 48 of the bill provides that the central government, in consultation with the president of the national commission shall provide such number of officers and other employees to assist the national commission in discharge of its functions as it may think fit the salaries and allowances payable to, and the other terms and conditions of the service of, the officers and other employees of the national commission shall be provided by the central government11 clause 59 of the bill seeks to set up a monitoring cell to be constituted by the president of the national commission to oversee the functioning of the state commissions from the administrative point of view12 clause 63 of the bill provides that the state government shall establish a district consumer mediation cell attached to the district commission in each district of the state and a consumer mediation cell attached to the state commission the central government shall establish a national consumer mediation cell attached to the national commission a consumer mediation cell shall consist of such persons as may be provided by the central government or the state government, as the case may be13 the financial implications arising from the establishment of the proposed central consumer protection authority and the appointment of members for the national consumer disputes redressal commission is estimated at an annual recurring expenditure of nine hundred lakhs to cover operating costs including salaries and allowances appropriate budgetary allocations shall be made to meet this expenditure from the annual budget of the department of consumer affairs14 it would be difficult to indicate the exact expenditure involved in the appointment of additional members and officers and employees of the district forum and the state commission as this would depend upon the actual number of such members or officers and other employees appointed by the state governments however, the expenditure on this account would be incurred by the state governments memorandum regarding delegated legislationsub-clause (1) of clause 82 of the bill empowers the central government to make, by notification in the official gazette, rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include—(a) number of other official and nonofficial members under item (b) of sub-clause (2) of clause 4; (b) the procedure for the transaction of business under sub-clause (2) of clause 5; (c) number of officers, experts and professionals to be appointed under sub-clause (7) of clause 11; (d) salary, allowances and other terms and conditions of commissioner and deputy commissioner under clause 13; (e) production of documents and records under item (ix) of sub-clause (1) of clause 16; (f) manner of the removal of the commissioner and deputy commissioner under sub-clause (2) of clause 20; (g) the manner of registering complaint under sub-clause (3) of clause 21; (h) number of members for the district commission under item (b) of sub-clause (1) of clause 27; (i) the pecuniary jurisdiction of the district commission under sub-clause (1) of clause 31; (j) manner of filing of complaint electronically under the proviso to item (d) of sub-clause (1) and the manner of payment of fee for filing complaint under sub-clause (2) of clause 32; (k) the pecuniary jurisdiction of the state commission under item (a) of sub-clause (1) of clause 40; (l) the number of members for the national commission under item (b) of subcaluse (1) and the salary, allowances and other terms and conditions of members of the national commission under sub-clause (3) of clause 47; (m) salaries, allowances and other terms and conditions of service of the officers and other employees of the national commission under sub-clause (3) of clause 48; (n) the pecuniary jurisdiction of the national commission under item (a) of clause 49; (o) form of seeking information under sub-clause (5) of clause 59; (p) the number of persons for consumer mediation cell under sub-clause (3) of clause 63; and (q) the procedures for mediation under sub-clause (2) of clause 682 sub-clause (1) of clause 83 of the bill empowers the state government to make, by notification in the official gazette, rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include—(a) the procedure for the transaction of business under sub-clause (4) of clause 7; (b) the procedure for the transaction of business under sub-clause (4) of clause 9; (c) number of members for each district commission under item (b) of sub-clause (1) of clause 27; (b) the manner of appointment of president and members of the district commission under sub-clause (1) and the salary, allowances and other conditions of service of president and members under sub-clause (3) of clause 29; (c) the salary, allowances and other terms and conditions of service of the officers and employees of the district commission under sub-clause (3) of clause 30; (d) number of members for each state commission under clause (b) of sub-clause (1); salary, allowances and other terms and conditions of service of the president and members of the state commission under sub-clause (3) of clause 38; (e) salaries, allowances and other terms and conditions and the officers and other employees of the state commission under sub-clause (3) of clause 39; and (f) the form and manner of seeking information including pendency of cases under sub-clause (6) of clause 593 sub-clause (1) of clause 84 of the bill empowers the national commission, with the previous approval of the central government, to make regulations not inconsistent with the proposed legislation to provide for all the matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the proposed legislation sub-clause (2) provides that in particular and without prejudice to the generality of the forgoing power, such regulations may make provisions for the cost of adjournment of any proceeding before the district commission, the state commission or the national commission4 clause 85 of the bill provides that every rule made by the central government and every regulation made by the national commission are required to be laid before each house of parliament and every rule made by the state government are required to be laid before the state legislature5 the matters in respect of which rules and regulations may be made relate to matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character lok sabha———— a billto provide for adequate protection of the interests of consumers and for prevention of unfairtrade practices and for the said purposes to make provisions for establishment of the consumer protection councils and other authorities for better administration and for timely and effective settlement of consumers' disputes and for matters connected therewith————(shri ram vilas paswan, minister of consumer affairs, food and public distribution)gmgipmrnd—1981ls(s3)—03-08-2015

Parliament_bills

0b027cd1-88af-55ba-bfd1-6400f7769256

bill no xxvii of 2016 the medical treatment of terminally-ill patients (protection of patients and medical practitioners) bill, 2016 a billto provide for the protection of patients and medical practitioners from liability in thecontext of withholding or withdrawing medical treatment including life supportsystems from patients who are terminally-ill and for matters connectedtherewith and incidental theretobe it enacted in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the medical treatment of terminally-ill patients (protection of patients and medical practitioners) act, 2016short title, extent and commencement(2) it extends to the whole of india except the state of jammu & kashmirdefinitions2 unless, the context otherwise requires,—(a) "advance medical directive" (also called living will) means a directive given by a person that he or she, as the case may be, shall or shall not be given medical treatment in future when he or she becomes terminally ill and becomes an incompetent patient5(b) "appropriate government" means in the case of a state the government of that state and in other cases the central government 'best interests' include the best interests of a patient,—(i) who is an incompetent patient, or10(ii) who is a competent patient but who has not taken an informed decision,and are not limited to medical interests of the patient but include ethical, social, moral, emotional and other welfare considerations"(c) 'competent patient' means a patient who is not an incompetent patient15(d) 'incompetent patient' means a patient who is a minor below the age of sixteen years or person of unsound mind or a patient who is unable to,—(i) understand the information relevant to an informed decision about the medical treatment;(ii) retain that information;20(iii) use or weigh that information as part of the process of making the informed decision;(iv) make an informed decision because of impairment of or a disturbance in the functioning of his mind or brain; or(v) communicate the informed decision, whether by speech, sign, language or any other mode, as to medical treatment"25(e) 'informed decision' means the decision as to continuance or withholding or withdrawing medical treatment taken by a patient who is competent and who is or has been informed by the attending medical practitioner about:—(i) the nature of the illness,(ii) any alternative form of treatment that may be available,30(iii) the consequences of those forms of treatment, and(iv) the consequences of remaining untreated102 of 1956(f) 'medical council of india' means the medical council of india constituted under the indian medical council act, 195635 102 of 1956(g) 'medical practitioner' means a medical practitioner who possesses any recognized medical qualification as defined in clause (h) of section 2 of the indian medical council act, 1956 and who is enrolled on a state medical register as defined in clause (k) of that section40(h) 'medical power-of-attorney' means a document of decisions in future as to medical treatment which has to be given or not to be given to him if he becomes terminally ill and becomes an incompetent patient(i) 'medical treatment' means treatment intended to sustain, restore or replace vital functions which, when applied to a patient suffering from terminal illness, will serve only to prolong the process of dying and includes,—45(i) life-sustaining treatment by way of surgical operation or theadministration of medicine or the carrying out of any other medical procedure; and(ii) use of mechanical or artificial means such as ventilation, artificial nutrition and hydration and cardiopulmonary resuscitation; and(iii) but does not include palliative care"4 of 18755(j) 'minor' means a person who, under the provisions of an indian majority act,1875 is to be deemed not to have attained majority(k) 'palliative care' includes,—(i) the provision of reasonable medical and nursing procedures for the relief of physical pain, suffering, discomfort or emotional and psycho-social suffering; and10(ii) the reasonable provision for food and water"(1) 'patient' means a patient who is suffering from terminal illness(m) 'terminal illenss' means,—15(i) such illness, injury or degeneration of physical or mental conditoon which is causing extreme pain and suffering to the patient and which, according to reasonable medical opinion, will inevitably cause the untimely death of the patient concerned, or(ii) which has caused a persistent and irreversible vegetative condition under which no meaningful existence of life is possible for the patient"203 (1) every competent patient including minor aged above sixteen years shallhave a right to take an informed decision and to express the desire to the medical practitioner attending on her or him:—refusal of medical treatment by a competent patient(i) for withholding or withdrawing of his medical treatment and to allow nature to take its own course, or(ii) for starting or continuing his medical treatment25(2) when a patient referred to in sub-section (1) communicates an informed decisionto the medical practitioner, such decision shall be binding on the medical practitioner:provided that the medical practitioner is satisfied that the patient is a competent patient and that the patient has taken an informed decision based upon a free exercise of his free will and:30provided further that in the case of minor above sixteen years of age, the consent hasalso been given by the parents, or legal guardian or any next of friends35(3) before proceeding further to give effect to the decision of the competent patient,the medical practitioner shall inform the patient, if conscious, or the spouse or parent or major son or daughter of the patient or in their absence any relative or other person regularly visiting the patient at the hospital about the informed decision of the competent patient and his own opinion on that decision including the need or otherwise of withholding or withdrawing treatment fromt he patient and shall desist from giving effect to the decision for a period of three days following the intimation given to the said patient's relations40maintenance of record of terminally-ill patient4 (1) the medical practitioner attending on the patient shall maintain a record containing personal details of the patient such as age and full address, the nature of illness and the treatment being given and the names of spouse, parent or major son or daughter, the request or decision, if any, communicated by the patient and his opinion whether it would be in the best interest of the patient to withdraw or withhold the treatment(2) the patient, spouse, parent or major son or daughter of a patient shall be entitled to receive a copy of the records maintained by the medical practitioner under this section and the medical practitioner shall furnish such records upon request without delaypalliative care for terminally ill patients5 notwithstanding that medical treatment has been withheld or withdrawn by themedical practitioner in the case of a competent patient or an incompetent patient in accordance with the foregoing provisions, palliative care shall be administered to such patients by the medical practitioner attending on them545 of 1860protection of competent patients6 where a competent patient refuses medical treatment in circumstances mentioned insection 3, notwithstanding anything contained in the indian penal code 1860, such a patient shall not be deemed guilty of any offence under the code or under any other law for the time being in force10protection of medical practitioners157 where a medical practitioner or any other person acting under the direction ofmedical practitioner withholds or withdraws medical treatment in respect of a competent patient on the basis of the desire expressed by the patient which on the assessment of a medical practitioner is in his best interest, then, notwithstanding anything contained in any other law for the time being in force, such action of the medical practitioner or those acting under his direction and of the hospital concerned shall deemed to be lawful provided that the medical practitioner has complied with the requirement of sections 3 and 5 and followed the guidelines laid down by the medical council of india in this regard under section 12 of this act20panel of medical experts8 (1) the appropriate government in consultations with the director-general of healthservices and the director of medical services (or officer holding equivalent post) in each state, as the case may be, shall prepare a penal of medical experts for every state and union territory for the purposes of this act and more than one panel may be notified to serve the needs of different areas25(2) the panels referred to in sub-section (1) shall include medical experts with anexperience of at least fifteen years in various branches such as medicine, surgery critical care medicine or any other specialty as prescribed by central government(3) the panels prepared under sub-section (1) shall be published in the respectivewebsites of the said authorities specified in sub-section (1) from time to time and suchmodifications shall also be published in the website, as the case may be309 (1) any parent, spouse, any near relative, next friend, legal guardian of patient, themedical practitioner or para-medical staff generally attending on the patient obtaining the leave of court, may apply to the high court having territorial jurisdiction for granting permission for withholding or withdrawing medical treatment of an incompetent patient or acompetent patient who is incompetent to take informed decision35permission for with holding/ withdrawing medical treatment from high courtexplanation—'high court' in this section and section 11 means the high court withinwhose territorial jurisdiction the treatment is being given or is proposed or proposed to be withheld or withdrawn40(2) such application shall be treated as original petition and the chief justice of high court shall assign the same to a division bench without any loss of time and the same shall be disposed of by the high court within thirty days:provided that a letter addressed to the registrar-general or judicial registrar of the high court by any of the above mentioned persons and containing therein all the material particulars seeking the permission under sub-section (1) shall be placed before the chief justice without delay and the letter shall be treated as original petition45(3) the division bench of the high court may, if deemed necessary, appoint an amicuscuriae to assist the court and where a patient it unrepresented, direct legal aid to be provided to such patient50(4) the high court shall obtain the expert medical opinion of three medical practitioners drawn from the panel prepared under section 8 and any other expert medical practitioner if, considered necessary and issue appropriate directions for the payment to be made towards the remuneration of the experts:provided that as far as practicable, one doctor each on the panel shall be a neurosurgeon, a psychologist and a physician(5) the expert panel shall follow the guidelines laid down by the medical council of india with regard to withholding or withdrawing of medical treatment to competent or incompetent patients suffering from terminal illness under section 12 of this act510(6) the high court shall, having due regard to the report of panel of experts and the wishes of close relations, namely, spouse, parents, major children or in their absence such other persons whom the high court deems fit to put on notice and on consideration of the best interests of the patient, pass orders granting or refusing permission or granting permission subject to any conditions15(7) the parent, spouse, any near relative, next friend, legal guardian of patient who consents to, and the medical practitioner or the hospital management or staff who in accordance with the order of high court, witholds or withdraw medical treatment to the patient concerned shall, notwithstanding any other law in force, be absolved of any criminal or civil liability with regard to the action taken in accordance with the order or high court10 (1) it shall be open to the party applying for the order of high court as prescribed in section 9 to withdraw the application anytime before the final decision of the high court is delivered:withdrawing or contesting the application20provided that such party shall submit an application to this effect highlighting the reasons and new facts, if any, and the high court may accept or reject the application of withdrawal25(2) parent, spouse, any near relative, next friend, legal guardian of patient, the medical practitioner generally attending on the patient obtaining the leave of the court, may contest the application submitted under section 9 and petition the high court not to entertain the application or reject the application filed under section 9, anytime before the final order of the high court is delivered:provided that such party shall submit an application to this effect highlighting the reasons and all relevant facts and the high court may accept or reject the application:30provided further that where the high court accepts this application, the party applying for the order of the high court under section 9 and the party contesting the application shall be permitted to tender all the relevant evidence and the high court shall finally dispose of the application along with contesting application within thirty days from the date on which contesting application was received35(3) the party applying for order of high court under section 9 shall submit a compliance report to the high court within thirty days from the date on which the order of the high court was delivered:provided that if, the party fails to comply with the decision of the high court or if, new facts emerge, such party may apply to the high court citing the reasons for such noncompliance and the high court may pass such orders as deemed appropriateconfidentiality4011 the division bench of the high court may, whenever a petition under section 9 isfiled, direct that the identity of the patient and of his or her parents or spouse, the identity of the medical practitioner and hospitals, the identity of the medical experts referred to in section 4, or of other experts or witnesses consulted by the court or who have given evidence in the court, shall, during the pendency of the petition, and after its disposal, be kept confidential and shall be referred only by the english alphabets45medical council of india to frame guidelines12 (1) consistent with the provisions of this act, the medical council of india may prepare and issue guidelines, from time to time, for the guidance of medical practitioners in the matter of withholding or withdrawing of medical treatment to competent or incompetent patients suffering from terminal illness(2) the medical council of india may review and modify the guidelines from time to time(3) the guidelines and modifications thereto, if any, shall be published on the website and a press release may be issued to that effect513 every advance medical directive (also called living will) or medical power-of-attorney executed by a person shall be taken into consideration in matter of withholding or withdrawing of medical treatment but it shall not be binding on any medical practitioneradvance medical directives and medical power of attorneypower to make rules14 the central government may, by notification in the official gazette, make rules for carrying out at the purposes of this act statement of objects and reasonsfollowing the landmark judgment of the hon'ble supreme court in aruna ramchandra shaunbag vs union of india, law commission of india in its 241st report in august, 2012advocated for legalising passive euthanasia passive euthanasia, also called as negative euthanasia involves withholding of medical treatment or life support system for continuance of life as opposed to active euthanasia which requires doing something to end a life and which is a crime in india, passive euthanasia involves not doing something which would have preserved a patient's life these decisions are taken on humanitarian grounds in the best interest of the patient allowing a patient to die a natural death thereby upholding their dignity in deaththe hon'ble supreme court legalised passive euthanasia in the above mentioned judgment and in its wisdom appointed the high court as parens patriae in such cases where a terminally ill patient is unable to give his/her consent and the parents, spouse, relative, friend or medical practitioner attending on him/her applies to the court for withdrawing the treatment the bill provides for detailed procedures which can be followed in this regard providing adequate safeguards for the patient and excludes criminal liability of their relatives and medical practitioners who withhold the treatment following the order of the courtpassive euthanasia today is legalised in many countries and india is no exception our constitution acknowledges the right to life of every person which includes in it the right to live this life with dignity legalising passive euthanasia will permit terminally ill patients to live their final days in dignity where any kind of intrusive medical treatment with its attendant side effects is only likely to prolong death and not avert it altogetherhence this billhusain dalwai memorandum regarding delegated legislationclause 14 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the protection of patients and medical practitioners from liability in thecontext of withholding or withdrawing medical treatment including life supportsystems from patients who are terminally-ill and for matters connectedtherewith and incidental thereto————(shri husain dalwai, mp)gmgipmrnd—2244rs(s3)—05082016

Parliament_bills

c24e2eb5-4ade-5eb9-ac6e-5b4feb05232c

bill no 86 of 2007 the constitution (amendment) bill, 2007 byadv suresh kurup, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 this act may be called the constitution (amendment) act, 2007short titleamendment of article 732 in article 73 of the constitution, in clause (1), after the proviso, the following proviso shall be inserted, namely:— statement of objects and reasonsindia is the largest democracy in the world our constitution describes india as a sovereign, socialist, secular, democratic republic through the vast experience of the freedom struggle, an independent foreign policy was evolved by our leaders, which was acceptable to all sections of the people india's foreign policy has enhanced the prestige of the country and its people but the emergence of a unipolar world has influenced the social order and democratic set up world overin the present international scenario, it is possible that undue pressure from powerful nations, may adversely affect the capacity of the government to adopt and follow an independent and fair foreign policy while entering into a treaty or agreement this may result in compromising with the sovereignty and integrity of the country therefore, it is necessary to put a check on the unfettered executive powers of the union government with regard to entering into international treaties and agreements the people, through their representatives alone, can meet this challenge effectively the bill seeks to amend the constitution with a view to provide that before the union government exercises its powers under any treaty or agreement, such treaty or agreement should be approved by parliamentnew delhi;suresh kurupnovember 6, 2007 annexure extract from the constitution of india73 (1) subject to the provisions of this constitution, the executive power of the union shall extend —extent of executive power of the union(a) to the matters with respect to which parliament has power to make laws; and (b) to the exercise of such rights, authority and jurisdiction as are exercisable by the government of india by virtue of any treaty or agreement: provided that the executive power referred to in sub-clause (a) shall not, save as expressly provided in this constitution or in any law made by parliament, extend in any state to matters with respect to which the legislature of the state has also power to make laws(2) until otherwise provided by parliament, a state and any officer or authority of a state may, notwithstanding anything in this article, continue to exercise in matters with respect to which parliament has power to make laws for that state such executive power or functions as the state or officer or authority thereof could exercise immediately before the commencement of this constitution lok sabha————a billfurther to amend the constitution of india————(adv suresh kurup, mp)mgipmrnd—4530ls(s5)—19-11-2007

Parliament_bills

d973b062-11aa-5f5c-9157-da4e0aaa5917

bill no 89 of 2012 the constitution (amendment) bill, 2012by kumari saroj pandey, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-third year of the republic of india as follows:—1 this act may be called the constitution (amendment) act, 2012"4 chhattisgarhi" statement of objects and reasonschhattisgarhi language, which is one of the formats of eastern hindi language class, in its semi magadhi form of indo-aryan language is not only being spoken, understood and used by the people in chhattisgarh but also in other states of country chhattisgarh legislative assembly had unanimously recommended on 30 march, 2001 and 13 july, 2007 to include this language in the eighth schedule to the constitution but till date, necessary action has not been taken in this regardfurther, chhattisgarh legislative assembly has unanimously passed the chhattisgarh official language (amendment) bill, 2007 by which the chhattisgarhi language has also been recognized as the official language in addition to hindi in that state the bill was notified as an act of the state on 11 july, 2008in view of the above, it is necessary that the chhattisgarhi language is included in the eighth schedule to the constitutionhence this billnew delhi;saroj pandeyaugust 3, 2012 annexure extract from the constitution of india eighth schedule[articles 344(1) and 351] languages1assamese2bengali3bodo4dogri5gujarati6hindi7kannada8kashmiri9konkani10maithili11malayalam12manipuri13marathi14nepali15oriya16punjabi17sanskrit18santhali19sindhi20tamil21telugu22urdu lok sabha————— a billfurther to amend the constitution of india—————(kumari saroj pandey, mp)mgipmrnd—2336ls(s3)—23-08-2012

Parliament_bills

f8034996-2db2-56f4-94f5-eacdf3e4316f

as introduced in lok sabha bill no 77 of 2016 the population control bill, 2016 by shri prahlad singh patel, mp a billto provide for population control and for matters connected therewithbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called as the population control act, 2016 (2) it extends to the whole of indiashort title,definitions2 in this act unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "board" means district board constituted under section 4; (c) "child" includes an adopted child; and5(d) "prescribed" means prescribed by rules made under this act3 no person shall procreate more than two living children after a period of one year from the commencement of this actno person shall procreate more than two living children4 (1) the appropriate government shall constitute a board to be known as the district board in every district for the purpose of this act10constitution of a district board(2) the board shall consist of—(a) chief medical officer of the district; (b) district collector; (c) one representative of panchayat each at village, intermediate or district level; and15(d) one representative of municipal council or corporation, as the case may be 5 if any person intends to procreate more than two living children for any medical reason, he shall apply to the board for necessary permission in such form and manner as may be prescribed20application for permission from district board6 (1) on receipt of an application from a person under section 5, the district board shall examine the reasons furnished by an applicant and communicate its decision within a period of one monthpermission for procreation of third child by board25(2) if the district board is satisfied that exceptional medical circumstances exist which require the applicant to opt for third child, the district board shall grant necessary permission(3) if the district board is not satisfied with the reasons furnished by the applicant, the district board may, after giving an opportunity to the applicant of being heard to the applicant in the matter, reject the application307 the appropriate government shall take steps to encourage, promote andmotivate married couples to opt for small family norms with a view to check the rising population in the countryappropriate government to promote small family norms8 any person who contravenes the provisions of section 3 shall not be entitled to avail any benefit under any ongoing welfare scheme of the governmentdisentitlement of benefits for contravention of the act359 the provisions of this act shall have effect notwithstanding anything contained to the contrary in any other law for the time being in forceact to have overriding effect power to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this 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 days5which 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 of annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsrapid increase in population is creating pressure on available natural resources in the country the resources are shrinking day by day due to consumption by increasing populationour welfare schemes are not giving desired results as these schemes are meant for limited population unless we make a definite law to check population explosion, the welfare schemes will not yield desired resultsit is very hard to replenish natural resources every citizen has a responsibility to use our natural resources in a sustainable manner and the increasing population is creating an extra burden on existing resources therefore, it is necessary to enact a law to put a check on increasing population at the earliest in view of consistent threat to natural resources it is necessary to take immediate steps to check growing population in the country in order to achieve sustainable developmentthe bill seeks to provide for making it compulsory for every citizen not to procreate more than two living children after one year from coming into force of this act it also provides that if any person contravenes the provisions of this act, he shall not be entitled to avail any benefit under any ongoing welfare scheme of the governmenthence this billnew delhi;prahlad singh patelfebruary 10, 2016 financial memorandumclause 7 of the bill provides for taking steps to encourage, promote and motivate married couples to opt for small family norms the central government shall have to incur some expenditure for implementing the provisions of this bill in respect of union territories the state government will incur expenditure in respect of their states out of their respective consolidated funds the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees twelve crores per annum will be involved from the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for population control and for matters connected therewith————(shri prahlad singh patel, mp)gmgipmrnd—27ls(s3)—16042016

Parliament_bills

0961629a-e32f-57ba-af25-e1bea85ea373

the naga hills-tuensang area bill, i9s7(as introduced in lok sabra) corrigenda to naga hills-tuel\tsang area ,bill, 1957 (to beintrtyluced in loh: sabha)1 page 2,11ne 27,-m "d1setricts" ~tldistr1otstl 2 page 4, at the top,-!£!: "finance" roa4 "financial" new delhi, the 18th movenber, 1957 'pandit' the naga hills-tuen san g area bill; 1957 (as introduced in lok sabra) a billto prdvide for the formation of the naga hiizs-tuensang area of assam as an administrative unit be it enacted by parliament in the eighth year of the republic of india as follows:-1 (1) this act may be caned the naga hills-tuensang area act, short title 1957 i and commencement 5 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 2: as from the commelicement of this act, there shad' ~ formed a , - ordultlon of a new administrative unit in the state of assam by the name of nq hius-n aga hills-tuensang area comprising the tribal areas which at i:cnsang 10 such commencement were known as the naga hills district and ea 'fuledsang frontier division of the north east frontier agency 3 in the sixth schedule to the constitution, in paragraph 20,-amendment , , • of the sixth (a) after suho-paragraph (2a), the followmg sub-paragraph schedule to shan be inserted, namely: _ the contitu-_ don 15 u (2b) '!'he naga' hills-tuensang area shall comprise the areas which at the commencement of this col1stitution were known as the naga hills district and the nags tribal area"; (b) in sub-paragraph (3), after the words "administrative area", the brackets and words "(other than the naga hills-tuensang area)" shall be inserted; (c) in part a of the table, item 4 shall be omitted; and (d) in part b of the table, for item 2, the following item 5 shall be substituted, namely:-"2 the naga hills-tuensang area" afmcn h ddme~t 4 in the delimitation of parliamentary and assembly constitueno t e ell- ord mitation cles er, 1956,-i order (4) in the first schedule, in the entry in column 3 against 10 serial no 37, the words "naga hills," shall be omitted; and (b) in the second schedule, in the part relating to assam, the heading icnaga hills district" and all entries against serial nos 16, 17 and 18 shall be omitted 5 in the representation of the people act, 1950,-(4) in part ii of the first schedule-amendment of the representation of the people act, 19s0 (i) for the entry-"21 part b tribal areas 1" , the following entries shall be substituted, namely:-"21 north east frontier tract 1 20 22 naga hills-tuensang area 1"; (ii) for the figure" 503", the figure "504" shall be substituted; (b) in the second schedule, for the entry in column 3 against "2 assam", the entry "105" shall be substituted 25 provision al s notwithstandingtbe alteration in the extent of the autonoto the~t~ng mous disetricts parliamentary constituency in assam effected by ~~m~ section 4, the sitting member of the house of the people representing that constituency shall be deemed to have been elected to the house of the people by that constituency as so altered 30 territorial extent of laws not to be affected 7 the provisions of section 2 shall not be deemed to have eftected any change in the areas to which any law in force immediately before the commencement of this act extends or applies, and territorial references in any such law to the naga hills district, the naga tribal area or the tuensang frontier division shall, until other- 35 wise provided by a competent legislature or other competent authority, continue to have the same meaning explanation-in this section, law means any law, ordinance, regulation, order, bye-law, rule, seheme, notification or other instrument having the force of law in ij:1dia or any part thereof 40 statement of objects and reasonsthis bill seeks to give effect to the proposal to ~eate a new administrative unit consisting of the existing naga hills district; now being administered by the government of assam, and the tuensang frontier division of the north east frontier agency which is being administered bi the governor of assam as the agent of the president this new unit to be named "the naga hills-tuensang area" will be administered by the governor as the agent of the president but will be distinct from the north east frontier administration it is proposed to amend paragraph 20 of the sixth schedule to the constitution and make certain consequential amendments of the delimitation of parliamentary and assembly constituencies order, 1956, and the representation of the people act, 1950 provision is made in clause 5 of the bill for an additional nominated member in the lok sabha to represent the new unit g b pant new dellu; the 14th november, 1957 on the constitution of the naga hills-tuensang area as a separately admilustered unit, the central government will have to bear the entire cost of the administration of this territory of this, the tuensang area, already being centrally administered u part of the north east frontier agency, will not impose any new financial burden on the central government the naga hills district, however, is at present an autonomous district of assam and the expenditure incurred in respect of this district by the government of assam will now pass on to the central government the annual budgeted expenditure of this district is rs 4· 88 crores at present 'the central government already bear a large part of this expenditure it is'roughly estimated that the extra financial burden which will fall on the government of india will be of the order of rs 2'50 to rs 3 crores per year - - - - - sixth schedule [articles 244 (2) and 275 (1) ] provisions as to the admjnjstration of tribal areas in assam - • - • •zoo tribal areas-(1) - - - - - (2a) the mizo district shall comprise the area which at the commencement of this constitution was known as the lushai hills district (3) any reference in the table below to any district (other than the united khasi-jaintia hills district and the mizo district) or administrative area shall be construed as a reference to that district or area at the commencement of this constitution: provided that the tribal areas specified in part b of the table below shall not include any such areas in the plains as may, with the previous approval of the president, be notified by the governor of assam in that behalf table part a1 the united khasi-jaintia hills district 2 the garo hills district 3~ the mizo district 4 the naga hills district 5 the north cachar hills 6 the mikir hills partb 1 north east frontier tract including balip8l1l frontier tract, tirap frontier tract, abor hills district and misimi hills district 2 the naga tribal area - - - - - - the first scheduleserial' no namc of constitucncy i total i scatl number reservcd for of icats extcn::1 consti~ucncy f i-duld is<hod~~ caltci tribes _--__, 2 3 4 i s 6 autonomous nil 37 - diltricts nlfn hills nitcd mikir and north caallar hilll and unitcd' khali-}&intia hills district' the second schedule 2-assamscatl rcacrved for setial no1 total namepf collltitucnoy extcnt of connumber of itjt\iedcy leatl schcdul1schcdulc4 castel tribes 2 3 naga hills district - s 6 16 mokokchun, nil ao and konyak i areas nil 17 nap hilll central scms lotha and renama i areal nil 18 kohima nasa hills district (excludina ao konyak scrna lotha and rcilijdl arcal) - - - - - - the first schedule (see section 3) part i - - - - - part u allocation of seats in the house of the people 08 mbs,quently constituted ----------------------------| name of statc, union territory | or ||-----------------------------------|--------|| area | || - | || - | - || - | || - | || total | || number | || of | seats || - | || :u | part b || 1 | || total | || 503 | | the second schedule (see section 7) total number of seats in the legidative assemblies| total number | of ||----------------------|-------|| 1icilt8 | || in | || the | || leliajative assembly | || ita | || ai | || constituted | || subsequently | || on the | || lit | || conltituted | or || namc of slate | || ncwember, | || partially | || 1956 | || reconstituted | |2 billto provide for the formation of the naga hills-tuensang area of assam as an administrativ: unit the president has, in pursuance of clause (3) of article 117 of the constitution of india, recommended to lok sabha, the consideration of the bill m n kaul, secretary ~ '- "1,-'" , ,,- (sliti govind ballabh pant, minister of home affairs)

Parliament_bills

7ba818a8-153e-5d85-a233-0bcb7972daf4

the criminal law amendment bill, 1957 (as introduced in lolc sabra) the crimin at law amendment bill, 1957 (as introduced in lox sabra) a billfurther to amend the india71 penal ~f the prevetltion ()1 corruptt<m act, 1947, a7ld the crimi7lal law a17u!m17ie7it act, 1982 be it enacted by parliamel1t in the eighth year of the republic of india as follows:-1 this act may be called the crimmal law amendment act, sbort title 1957 5 2 in section 21 of the indian penal code,-ameddment of lcicdon ax (a) after clause eleventh, taefol1owing clause shall be act 5 of 1860 inserted, namely:-10 "twelfth-every officer in the service or pay of a local authority or of a trading corporation established by a centr'al, provincial or state act or of a governmellt c'ompany as defined in section 617 of the companies act, 1956"; i of 19,6 (b) after explanation 3, the following ezpl4mtton ,hall be inserted, namely:-'explanation 4-the expression "trading corporation" in-is eludes a banking, insurance or ftnancial corporation, a river valley corporation and a corporation for supplying power light or water to the public, 3 in the prevention of corruption act, ]947,-amendmmt of act ~ of 1947 (a) in section ~, for sub-section (2), the followiqg sub-sections shall be substituted, namely:-"(2) any public servant who commits cr iminal misconduct in the discharge of his duty shall be punishable with 5 imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine: provided that the court may, for any special reasons recorded i)l writing, refrain from imposing a sentence of impri- 10 sonment or impose a sentence of imprisonment of less than one year (2a) where a sentence of fine is imposed under sub-section (2) the court, in fixing the amount of fine, shall take iuto consideration the amount or value of the property which the 15 accused person has obtained by committing the offence of criminal misconduct or where the conviction is based on the presumption under sub-section (3), the pecuniary resources or property referred to in that sub-section for which the accused person is unable to account satisfactorily"; 20 (b) after section 7 the following section shall be inserted, namely:-statement by bribe !river not to iubject him to prosecution ,"8 notwithstanding anything contained in any' law for the time being in force, a statement made by a person in any proceeding !l!gainst a public servant for an offence under sec- 25 tion 161 or section 165 of the indian penal code or under 4s of 1860 sub-section (2) of section 5 of this act, that he offered or agreed to offer any gratification (other than legal !'emuneration) or any valuable thing to the public servant, shall not subject such person to a prosecution under section 165a of 30 the said code" ameudment 4 in the criminal law amendment act, 1952, in section 8, after tc:~~f i, sub-section (3), the following sub-section shall be inserted, namely:-19,2 "(ja) in particular, and without prejudice to the generality of the provisions contained in sub-section (3), the provisions of 35 section 350 of the code of criminal procedure, 1898, shall, so far s of 1898 as may be, apply to the proceedings before a special judge, and for the purposes of the said 'provisions a special judge shall be deemed to be a maiistrate" statement of objects and reasonsexperience gained from the efforts made by government to deal with the evil of corruption in the public services has revealed the need for some amendments in the criminal law it is necessary to bring within the scope of the anti-corruption law the employees of statutory trading corporations and government companies, and also to ensure that adequate punishment is a\wlrded in cases of proved corruption and that the prosecution of such cases is not unnecessarily delayed the present bill is designed to achieve these objects g b pant new delhi; the 29th november, 1957 clause 2-tbe scope and variety of government's activities are rapidly expanding and a great deal of public money and pubuc property is now managed by statutory authorities and government undertakings measures to prevent and combat corruption are no less necessary in this field than in the case of activities conducted directly through government channels the extension of the definition of upublic servant", as proposed in this clause, will bring the employees of such bodies under the purview of the indian penal code and the prevention of corruption act clause 3(a)-experience has shown that there is a tendency among the courts to deal too leniently with public servants convicted under the prevention of corruption act even where imprisonment is awarded, the period is frequently too small to have adequate punitive or deterrent effect and the amounts of fine imposed are frequently grossly incommensurate with the corrupt gains subclause (a) of clause 3 will result in ensuring that adequtbte punishment is awarded in cases of proved corruption clause j (b) -since the introduction of section 165a of the indian penal code, persons offering illegal gratification to public servants have become more 'reluctant to come forward to give evidence this is because on his own admission in court such a person becomes liable for prosecution under that section this clause will afford the necessary protection to the persons whose evidence has been utilised in court for the prosecution of corrupt public servants clause 'i-section 350 of the code of criminal procedure permits a magistrate who has to deal with a case which bes already been partly heard by another magistrate to act on the evidence recorded by his predecessor under the criminal law amendment act, 1952, offences relating to corruption have to be tried by special judges who follow the procedure applicable to warrant cases conflicting views have been expressed by different high courts on the question whether a special judge dealing with a case partly heard by another special judge can act on the evidence recorded by his predecessor this clause is intended to place the matter beyond doubt annexure extracts from thi: indian penal code, l8fto (act no 45 of 1860) 21 the words "public servant" denote a person falling under"pubuc au-'fiiito' any of the descriptions hereinafter followin&, d8dlely:- second-every commissioned officer in the military, naval or air forces of india; third-every judge; fourth-every officer <)f a court of jllc;tice whose duty it is as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judiciel process, or to administer any oath, or to interpret, or to preserve order in the court, and every person specially authorized by a court of justice to perform any of such duties; fifth-every juryman, assessor, or member of a panchayat assisting ii court of ,justice or public servant; sixth-every arbitrator or other person to whom any cau8e or matter has been referred for decision or report by any court of ju tice, or by any other competent public authority; seventh-every person who holds any office by virtue of which he is empo~ered to place or keep any person in confinement; eighth-every officer of the government whose duty it is as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; ninth-every officer whose duty it is, as such officer, to tak'e, receive, keep or expend any property on behalf of the government, or to make any survey, assessment or contract on behalfof the government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the government, or to make, authenticate or keep any document relating to the pecuniary interests of the government, or to prevent the infraction of any law for the protection of the pecuniary interests of the government and every officer in the service or pay of the government or remunerated by fees or commission for the performance of any public duty; tenth-every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any surveyor assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district; eleventh-every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election llhutrationa municipal commissioner is a public servant ezplanation i-persons falling under any of the above descriptions are public servants, whether appointed by the government or not ezplanation 2-wherever the words "public servant" occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation explanation 3-the word "election" denotes an election for the purpose of selec~g members of any legislative, municipal or other public authority, of whatever character, the method of selection to which is by, or under, any law prescribed as by election - - - - - - - - - cnminal 5 (1) a public servant is said to commit the offence of criminal ~~:'~c misconduct in the discharge of his duty-~~t)'~aj (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 161 of the indian penal code, or 4s of j86o (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 trans-~cted 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, by corrupt or illegal means or by otherwise abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage (2) any public servant who conlmits criminal misconduct in the discharge of his duty shall be punishable with imprisonment for a term which may extend to seven years, or with fine, or with both - - - - - 5 of 18911 extracts from the criminal law amendment act, 1952 (46 of 1952) - - - - 8 (1) a special judge may take cognizance of offences without procedure the accused being committed to him for trial, and in trying the ~?d ~ accused persons, shall follow the procedure prescribed by the code juciga of criminal procedure, 1898, for the trial: of warrant cases by magistrates (2) a special judge may, with a view to obtaining the evidence of any person supposed to have been directly or indirectly ~on­cerned in, or privy to, an offence, tender a pardon to such person on condition of his making a full and true disclosure of the whole circumstances within his knowledge relating to the offence and to every other person concerned, whether as principal or abettor, in the commission thereof: and any pardon so tendered shall, for the purposes of sections 339 and 339a of the code of criminal procedure, 1898, be deemed to have been tendered under section 338 of that code (3) save as provided in sub-section (1) or sub-section (2), the provisions of the code of criminal procedure, 1898 shall, so far as they are not inconsistent with this act, apply to the proceedings before a special judge; and for the purpoaes of the said provisions, the court of the special judge shall be deemed to be a court of session trying cases without a jury or without the aid of assessors and the person conducting a prosecution before a special judge shall be deemed to be a public prosecutor (4) a special judge may pass upon any person convicted by him any sentence authorised by law for the punishment of the offence of which such person is convicted - - - - a billfurther to amend the indian penal code, the prevention of corruption act, 1947, and the criminal law amendment act, 1952 (shri gofjind ballabh pant, ,minister of home ajjairs)

Parliament_bills

44e5fe4b-4e89-5aff-a4d0-c1e00e3a02dd

the inla~ steam-vessels (amendment) bill, 1977 eio baas introduced in lok sabha 71 page~, line 29,-~ "(tii)" read "(lil)" 2 page 3,-for lines 2 and 3, -read ii (ii) after sub-section (2), the following ---- sub-section shall be inserted, namely:-" 3 page 4, in the marginal heading to clause 13,-after "insert ion" insert "of" 4 page 4, line 10,-for "prope lid" ~ "prope lled" 5 page 7, in the marginal heading to section 44c ,-~~ "reco\i1ry" insert "of" 6 page 8, lines 31 and 32,-for "grammer" read "grammar" --7 page 17, line 21,-8 i2! ·steam-vessels" ~ "steam-vessel" page 20, line 4,-for "stem-vessels" read "steam-vessels" -9 page 22, in the marginal heading to section 25,-m ·certicates" ~ "certificates" , 10 page 21; line 17,-~ n steam-vassels" read "steam-vessels· -11 g,orrect line numbers on pages 14 and 15 new delhi, ju la 19 1977 asa ha 28, 1899 (saka) bill no 11 of 1977 the inland steam-vessels (amendment) bill, 1977 a billfurther to amend the inland steam-vessels act, 1917 be it enacted by parliament in the twenty-eighth year of the republic of india as fqilows:-1 (1) this act may be called the inland steam-vessels (amendment) short act, 1977 title and commencement s (2) it shall come into force on such date as the central govemment may, by notification in the official gazette, appoint and difterent dates may be appointed for different provisions of this act 1 of 1917 z in the inland steam-vessels act, 1917· (hereinatter referred to as the principal act), in the long title, for the words "inland steam-vessels", 10 the words "inlaru;l vessels" shall be substituted lunendment of long tiue 3 in the preamble to the principal act, for the words "inland steamvessels", the words "inland vessels" shall be substituted amendment of preamble 4 in section 1 of the principal act, in sub-section "(1), for the words "inland steam-vessels", the words "inland vessels" shall be substituted is 5 throughout the principal act, except in the long title, preamble and section i, for the words "steam-vessel" and "steam-vessels", wherever they occur, the words "mechanically propelled vessel" and "mechanically propelled vessels" shall, respectively, be substituted amendment of section 1 substitution of references to steamvessel by mechanicliuy propelled vessel t section 2 of the principal act shall be renumbered as sub-section (1) thereof, and-amendment of section 2 (i) in sub-section (1) as so renumbered-(a) for clause (1), the following clause shall be substituted, s namely:-'(a) "inland vessel" or "inland mechanically propelled vessel means a mechanically propelled vessel which ordinarily plies on any inland water;'; (b) clause (2) shall be lettered i1s clause (b); (c) after clause (b) as so lettel'ed, the following clause shall 10 be inserted, namely:-i (e) "mechanically propelled vessel" means every description of vessel propelled wholly or in part by electricity, steam or other mechanical powerj'; (d) 'clauses (3) and (4) shau be lettered as clauses (d) and is (e) respectively; (e) clause (5) shall be omitted; (f) clauses (6), (7) and (8) shall be lettered as clauses (1) 'i; (g) and (h) respectivelyj , (ii) after sub-section (1) as so renumbered, the following sui 20 section shall be inserted, namely: -1 "(2) any reference to the inland steam-vessels act, 1917, in' 10f 1917, any law for the time being in force or in any instrument or other document shall be construed as a reference to the inland v~ssels act, 1917" 25 7 in section 7 of the principal act,-amendment of section 7 (i) in item (iii), the word ~'and" occuring at the end shall be omitted; (ii) after item (tii) , ,the following item shall be inserted, name-~:-30 "(iiia) the nature and quantum of cargo whi~h themechanically propelled vessel is, in the judgment of the surveyor, fit to carry; and" amendment of section 19& 8 in section 19e of the principal act, in sub-section (2), for the words 7 of 1913 and figures "registered under the indian companies act, 1913", the 35 words and figures "within the meaning of section 3 of the companies act 1 of 1956 1956" shall be substituted 'section 19g of the principal act shall be omitted 10 in section 19 i of the principal act,-(i) in sub-section (2)-' 40 omission ot' section 19g amend· mentof section )9 t (a) for the words "inland waters of more than one state", the words "inland waters of any other state" 3hall be substituted; (b) the proviso shall be omitted; (ii) after item (iii), the following item shall be inserted, name';' serted, namely:-"(3) when an inland mechanically propelled vessel registered in one state has been kept in another state for a period exceeding twelve months, the owner or master of the vessel shall make an application under section 19k to the registering authority, within whose jurisdiction the vessel then is, for the transfer 01 registry' from the regjgtering authority of the place where the vessel ii 10 registered" 11 in section 19k of the principal act,-amend· ment of section 19k (i) in sub-section (1), for the words "the registering autho'ity of theplaee where the vessel is registered", the words "the registering authority of the state in which the vessel is kept" shall be substituted; 15 (ii) in sub-section -(2), for the words "the registering authority of the intended place of registry with a copy of au particulars relating to the vessel", the words "the registering authority of the place where the vessel is registered" shall be substituted; 20 (iii) for sub-sections (3) and (4), the following sub-sections shall be substituted, namely:-"(3) the certificate of registration in respect of the vessel shall be delivered up to the registering' authority of the intended place of registry along with the application as (4) on receipt of the application under sub-section (1) and the prescribed fee, if u1y, the registering authority 0£ the intended place of registry shall enter in its register book all the particulars relating to the vessel and grant a fresh certificate of registration, in respect of the vessel and thenceforth such vessel shall be considered as registered at the new place of registry 35 (5) a state government may make rules under section 19r requij;'ing the owner or master of an inland mechanically propelled vessel not registered within the state which is bro~ght into or is, for the time being in the state, to furnish to a,prescribed authority in the· state such information with respect· to the inland mechani~ cally propelled vessel and its registration as may be pre~cribed" amend~ ,m,nt, of ~tctlon ~um 12 in section 19m of the principal act, in sub-section (1), in the proviso, ,fo~ the words and figures "also registered under the merchant ship-5? and 68 ping, act, i'894, as amen,ded by any subsequ~nt enactment", the words and v1ct, c 80 40 ftgures "registered or deemed to be registered under the merchant shipom of li58 ping act, 1958" shall be substituted insertion i:i after section 19q of the principal act, the following section lihall new hebe inserted, namely:-tion after bection 19q •• of 1915 s mortgge 01 mecha· nicall, propelled venel :ir share; 'i9qa the provisions of sections 47, 48, 49, 50, 51,· 52 and 53 of the merchant shipping act, 1958, shall mutatis mutandis apply, in relation to the mortgage of a mechanically propelled veq,1el as they apply in relation to ships, subject to the following modifications, namely:-(a) in sections 47, 48 49, 50 51, 52 and 53, references to "ship", "registrar" and "register book", wherever they occur, shall, respectively, be construed as references to "mechanically propelld vessel", "registering authority" and "book of registration"; 10 (b) in section 47, in sub-section (1), for the words "the registrar of the ship's port of registry shall record it in the register book", the words "the registering authority shall record it in the book of registration" shall be substituted' 14 in section 19r of the principal act! in sub-section (2) ,-is amendment of section 19b (a) after clause <1), the following clause shall be inserted, namely:-"(ja) prescribe the authority and provide for furnishing to such authority the information with respect to the inland mechanically propelled vessel and its registration under sub-section (5) ~o of section 19k;"; (b) after clause (g), the following clause shall be inserted, namely:-"(ga) provide for the form of instrument creating a mortgage of a mechanically propelled vessel or a share therein or transfer 2s of any liuch mortgage;" 15 after section 19r of the principal act, the following section shall be inserted, namely:-insertion of new section ilrt'er section 19r "198 every certificate of registry and every certiftcate of survey issued in respect of a mechanically propelled vessel under the 30 merchant shipping act, 1958, shall be valid and effective as a certift-'" of 1958 cate of registration and certificate of survey, as the case may be, issued under this act and the relevant provisions of this act shall apply in relation to such vessel as they apply to an inland mechanically propelled vessel registered under this act" 35 certain certi1lcates iasued under merchant shipping act to be valid under this act amendment of section :22 16 in section 22 of the principal act, in sub-section (1), for the words and figures "before the first day of april, 1890", the words and ftgures "for a period of three years before the first day of november, 1956" shall be substituted 40 amend-iuilt of jflctiod 22a 7 of 1884-41 of 1958 i1fa seetion 22a of the principal act, in sub-section (1), in clause (b), for u words and figures "certificate granted under the indian steamships &t, 1884", the words and figures "certificate granted or deemed to be grated uncier the merchant shipping act, 1958" shall be substituted ii in seetion 25 of the principal act,-asdeau:lmet of ectiod 25 1 of 1859 57&58 viet, e eo 44 of 1958 10 (i) in clause (4), for the words and figures "certificate granted under the indian merchant shipping act, 1859, or granted under, or continued in force by, the merchant shipping act, 1894", the words and figures "certificate granted or deemed to be granted under the merchant shipping act, 1958" shsll be substituted; 7 of 1884 57&58 viet, e eo 44 of 1958 (ii) in clause ('b), for the words a'nd figures "or the indian steam-ships act, 1884, or granted under, or continued in force' by, the merchant shipping act, 1894", the words and figures "or granted or deemed to be granted under the merchant shipping act, 1958" shall be substituted is 7 of 1884 amend ment of h:ction 28 19 in section 26 of the principal act, in clause (b), for the words and figures "certificate granted under the indian steam-ships act, 1884", the words and figures "certificate granted or deemed to be granted under the merchant shipping act, 1958" shall be substituted 44 of 1958 20 in section 28 of the principal act,- 20amendment of section 28 10f 1859 57&58 v1ct, e go 44 of 1958 (i) in clause (4), for the words and figures "certificate granted under the indian merchant shipping act, 1859, or granted under, or continued in force by, the merchant shipping act, 1894", the words and figures "certificate granted or deemed to be granted under the merchant shipping act, 1958" shall be substituted; 2s 7 of 1884 57&58 viet, c 60 44 of 1958 (ii) in clause (b), for the words and figures "certificate granted under the indian steam-ships act, 1884, or an engineer's certificate granted under, or continued in force by, the merchant shipping act, 1894", the words and figures "certificate granted or deemed to be granted under the merchant shipping act, 1958" shall be substituted 30 amendment of section 33 21 in sub-seel'lon (1) of section 33 of the principal act, for the portion beginning with the words "if a, formal investigation" and ending with the words "the state government may", the following shall be substituted, namely:-35 "whenever the state government is satisfied that it is necessary or expedient to have a formal investigation into the facts of any case reported under section 32 01' otherwise brought to its notice, the state government may" z2 after chapter iv of the principal act, the following chapter shall be iliserted, namely:- lraeruon of mw chaptu iva "chapter iva removal of obstructions and similar hazards in navigation44a (1) if any mechanically propelled vessel or other vessel is s wtecked, stranded or sunk in any llland watec is or is:likely,to become obstruction, impediment or danger to the safe and convenient ~, ot 'oj' red\o al ot' wreck imped~ ing navigation, etc n~vigation or use of inland wa,ter or the landing place or embarkment or part thereof, any officer empowered by the state government by notification in the official gazette in this behalf (h~reinafter' in this 10 chapter referred to as competent officer) shall cause the vessel to be raised, removed, blown up or otherwise destroyed as the circumstances may warrant (2) if any property recovered by a competent officer acting under' sub-section (1) is unclaimed or the person claiming it fails to pay is reason_ble expenses incurred by the competent officer under that subsection and a further sum of twenty-five per cent of the amount of such expenses, the competent officer may sell the property by public auction, if the property is of a perishable nature, forthwith, and if it is not of a perishable nature, at any time not less than two months 20 after the recovery thereof (3) the expenses and further sum aforesaid shall be payable to the competent officer out of the sale proceeds of the property, and the balance shall be paid to the person entitled to the property recovered, or, if no such person appears and claims the balance, shall 2s be held in deposit for payment, without interest, to the peno'n thereafter establishing his right thereto: provided that the person makes his claim within three yesrs from thedate of the sale (4) where the sale proceeds of the property are dot suftlcient to 30, meet the expenses and further' sum aforesaid, the owner of the vessel at the time the vessel was wrecked, stranded or sunk shall be liable to pay the deficiency to the competent officer on demand, and if the deficiency be not paid within one month of such demand, the competent officer may recover the deficiency from such owner as if it were 3s an arrear of land revenue rellloval of obstruction inidland wa~er 4413 (1) the competent oftlcer may remqve, or, cause to be removed, any timber', raft or other thing, fioating or being in any part of the inland water, which, in his opipion, obstructs or impedes the 40 free ,navigation thereof or the lawful use of any land1ng:place or embarkment or part thereof r (2) 1'he owner of any such timber, raft or other things~al1 be liable to pay the reasonable expenses of the removal thereof, and if such owner' or any other person has without lawful excuse caused 4s any such obstruction or impediment, or cause any public nuisance affeotmg or' likely to effect luch, free navigation or ·lawful use, he shall also be 'punishable with fine wbichmay extend to one hundred rupees (3) the competent officer or any magistrate having jurisdiction over the offence may cause any such nuisance to be abated recovery expenae& of remo val s 10 is 20 44c if the owner of any such timber', raft or other thing, or the person who has caused any such obstruction, impediment or public nuisance, 'neglects to pay tbe reasonsble expenses incurred in the removal thereof, within one week after demand or within fourteen days after such removal has been notified in the official gl;tzette or in such other manner as the state government may, by general ot' special order, direct the competent officer may cause such timber, raft or other thing or the ma1'erials of any public nuisance, so removed, or so much thereof as may be necessary, to be sold by public auction and may retain all' the expenses of such removal 'and sate out of the 'proceeds of the sale, and shall pay thesui'plus of snchproceeds or deliver so much of the thing or materials as may remain' un~ld, to the person entitled 1'0 receive the same nnd if no such person appears, shall cause the same to be kept and deposited in such manner as the state government directs, and may, if necessary, from time'to time, realise the expenses of keeping the same, togethet'wit'h tlu,{expenses of sale, or further sale of so much of the thing or materials as may remain unsold removai of lawful obstruc tion 52 44d (1) if any obstruction or impediment to the navigation of any inland water has beenlawftilly made or has become lawful by reason of the long continuance of such obstruction or impediment or otherwise, the competent officer sh111 report the !lame foj" the information of the state government and shall, with the sanction of the state government, cause the same to be removed or altered, making reasonable compensation to the person suffering damage by such removal or alteration (2) any dispute arisin~ out of or conrernin[! such compen~ation 30 shall be determined accort:hn~ to the law relatin~ to like disputes in the cac;e of land required for public purposes fouling -otgovernment moortnp 44e (1) if any mechanically propelled vessel hook, or arts fouled in any of the buoys or mooringc;laid down by or hv the 1'luthority of the state government in any part of inland water, the mast'er of such 35 vessel shall not, 'nor shall any other person, €'xcept in the case of emergency,lift the buoy ot' moorin~ for the purpose orunhookine; or getting clear from the !lame without the assisttmee of the- competent officer (2) the competent officer immediatelv on receivinrt il'lformatinn 40 of such accident, shall assist and superintend the clearfnrt of such vessel and the master of the vessel shall on demand, pay such re,· sonable expenses as may be incurred in dearing the same (3) any master or other person offending altainst the provisions of this section shall, for every such ('"enee be punishable with fine 45 which may extend 'to one hundred rupees" 23 tn section 45 of the principal act, after clause (b), the fonowing clausc'sllnllbe inserted; namely:-amendment of sectlon 43 "(bb) if the holder of such certificate is proved to have derert,d his vessel or has absented himself, without l~ave and without sufficient 50 reason, from his vessel or from his duty; or" amendment of section 53 24 in section 53 of the principal act, in sub-section (5), for the words and figures "section 59 of the code of criminal procedure, 1898", the 5 of 1898 words and figures "section 43 of the code of criminal procedure, 1973" 2 of 1974 shall be substituted 25 in section 54a of the principal act,-s amendment of section ft4a (i) in sub-section (1), in clauses (a), (b) and (c), for the words "per mile", the words "per kilometre" shall be substituted; (it) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) in case of any dispute relating to the fixation of the 10 maximum or the minimum rate per kilometre which may be charged in respect of any class of passengers or of freight on goods of any description carried in inland mechanically propelled vessel between any stations lying in two states, anyone of the states ma~ report the matter to the central government who is shall decide the same" 28 after chapter vi of the princ-ipal act, the following chapter shall be inserted, namely:-insertion of new chapter via "chapter via insurance of mechanically propelled vessels against third party risks 20me the provisions of chapter viii of the motor vehicles act, 1939, shall mutatis mutandis apply, in relation to the insurance of 4 of 1939 mechanically propelled vessels al;{ainst third party risks as they apply in relation to motor vehicles, subject to the following modifications namely:-25 (a) throughout in chapter viii,-(i) references to "motor vehicle" or "vehicle" shall be construed as references to "mechanically propelled vessel"; (ii) references to "public place" shall be construed as references to "inland water", 30 application of chapter viii of the motor vehicles act, 1939, in relation to the insurance ofmeehanically propelled vessels and such other consequential amendments as the rules of grammer may require shall also be made; (b) in section 94,-(i) in sub-section (3), for clause (e), the following clause shall be substituted, namely:-35 ii (e) any state water transport undertakin/it providing inland water transport service, where such undertaking is carried on by-(i) the central government or a state government; 40 (ti) any local authority or any corporation or· company owned by the central government or one or more state governments or by the central government and one or more state governments:"; (ii) in the e3:planation, in item (iii), for the words iistate transport", the words "state water transport" shall be substituted; (c) in section 95,-(i) in bub-section (j),-10 (a) in clause (b), in sub-clause (ii), for the words "of a publi;c service vehicle", the words and brackets "of a mechanically propelled vessel used or adapted to be used for the carriage of passengers for hire or reward (hereinafter referred to as a public service vessel)" mall be substituted, (8) in the proviso, in c14use (i), for su5-ciausei (b) and (c), the following sub-clauses shall be substi tuted, namely:-is "(b) if it is a public service vessel, engaged as a conductor of the vessel or in examining tickets on the vessel, or (e) if it is a vessel used or adapted for the carriage of goods solely or in addition to passenger (hereinafter referred to as goods service vessel) , being carried in the vessel, or"; (it) in sub-s~tion (2) ,-(a) in clause (a), for the words "goods vehicle, a limit of fifty thousand rupees", the words "goods service vessel, a limit of two lakhs and fifty thousand rupees;' hall be substituted, (8) in clause (b),-(1) in sub-clause (i), for the words "flft)' thousand rupees", the words "two lakhs and fifty thous81l'd rupees" shall be substituted; (2) in 8ub-clause (it) ,-(a) in paragraph (3), for the words "one lakh··, the words "five lakhs" shall be substituted; 35 (b) in paragraph (4), the words uwhere the vehicle is a motor cab, and five thousand rupees for each individual passenger in any other case" shall be omitted; (e) in clause (d), for the words~'a limit of rupees two thousand", the words "a limit of_ thousand rupees" shall be substituted; (') in section :96,-(i) in sub-section (2), in clause (b) (a) for sub~lause (i) the following sub-clause ahall be substituted, namely:-"(i) a condition e:xcludiftg the use of the, mechanically propelled vessel-(u) for hire or reward where the vessel it on the date of the contract of insurance, a vessel not covered bya certificate of registration, or 10 (b) for organised racine or speed testing; or (c) for a purpo~e not 'allowed by :the certificate of registtation litlder which the vessel is used, where the vessel is a public ser- is vice vessel or a goods service vessel, or"; (b) in sub-<:laule (ii)-(1) for the wolrds "not 'duly licensed" the worda and fiaures "not holdine a cer,tiftcate granted uncler chltpter xii of the inland vessels act, 1917" shall 20 101191'7 be substituted, (z) for the wdrd's " driving licence", the words and figures "a certificate granted under chapter iii of the 'inland vessels act, 1917" shall 1 of 181'7 'be substituted; 25 (ii) in sub-section (2a) ,after the 'words "obtained from a court", the words "in the state of jammu and kashmir or" shall be 'inserted; (iii) ,in the proviso to subsection (2a) and in sub· 'section (6), after the words "corresponding law", the words 30 "of the state of jammu and kashmir or" shall be inserted; (e) after section 105, the following section shall be inserted, namely:-"105a 'when any persor is injured or any property of third 'patty is damaged as a result of an accident in which 3' an inland mechanically propelled vessel is involved, the master or the driver of the vessel or other person in charge of the' vessel shall-duty of drlverin case of liccldent and injury to_ penon (4) take all reasonable steps to secure medical attention for the injured person, and, if necessary, con- 40 vf!y him to the neatest hospital, unless the injured ~!<soiil' or his guardian in eaae he "is ' a minor desires otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present report the circumstances of the occurrence at the nearest police station as soon as possible, and in any case within twenty~foul' hours of the occurrenc"j s (f) in section 106,-(a) in sub-section (2), for the word and figures "section 89", the word, figures and letter ''section l'05a" shall be substituted; [0 (8) in sub-section (2a) , in the proviso, for the words "transport vehicle", the words "public service vessel or goods aervice vessel" shall be substituted; (g) in section 107, for the words "whether by payment of a tax or otherwise for authority to use the vehicle in a public place is to produce such evidence ~ s may be pre::;ci'ibed by those rules to the effect that either", th~ words "for a certificate of surveyor a certificate of registration in respeet of such vessel to produce iluch evidence as may be prescribed to the effect that either" shall 'he substituted; 20 (h) in section 108,-(a) for the words "transport vehi£le",wberever they occur, the words "public service vessel or goods service veuel" shall be substituted, and such other consequential ,jmendments as the rules of grammar may require shall also 25 'be ,made; (b) in sub-section (1), in clause () ,-(1) for the words "twenty-five thousand rupees for the first ftfty vehicles", ,the words uoae lakh rupees for the ftrst ftfty mechanically propelled vessels" shall be substituted, (2) for the words "one hundred and, fifty thousand rupees", the words utwo lakhs and ftfty thou~and rupees" shall be substituted; (i) for section 110 to section 110b, the following secttons ,shall" -respectively, be substituted, namely:-35 clailnl tribunais - "110 (1) the state government may, by notification in the omcial gazette, constitute one or more inland vessels t"'"(!idents claims tribunals (hereinafter referred to as the claims tribunals) for such area as may be specifted in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out o~ the use of mechanically propelled vessels or damage to any property of a third party so arising, or both: \ provided that where such claim includes a claim for compensation in respect of damage to property exceeding rupees ten thousand the claimant may, at his option, refer the claim to a civil court for adjudication and where a reference is so made, the claims tribunal shall have no jurisdic- s tion to entertain any question relating to such claim \j (2) a claims tribunal shall 'consist 01 such number of xnembers as the state government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the chairman thereof 10 (3) a person shall not be qualified for appointment as a member of a claims tribunal unless he-(a) is, or has been, a judge of a high court, or (b) is, or has been, a district judge, or (c) is qualified for appointment as a judge of the is high court (4) where two or more claims tribunals are constituted for any area, the state government may, ,by general or special order, regulate the distribution of business among them boa (1) an application for compensation arising out of 20 an accident of the mture specified in sub-sectio"n (1) of section ·110 may be made-appuca~ tion fot' compen satlon «(i) by the person who has sustained the injury, or (b) whee c1eath has resulted from the accident, by all or any of the legal representatives of the deceased, or 25 (c) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be: provided that where all the legal representatives of the deceased have not joined in any such application for com- 30 pensation, the application shall be! made on· behalf of or for the benefit of all the legal represeniatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application (2) every application under subsection (1) shall be 35 made to the claims tribunal having jurisdiction over the area in which the! accident occurred, and shall be in such form and shall contain su~h particulars as may be prescribt'd (3) no application for compensation under this section shall be entertained unless it is made within six months of 40 the occurrence of the accident: provided that the claims tribunal may entertain the application after the expiry of the "said period of six months if it is satisfied that the applicant was prevented by sum~ent cau$e from making the -pplication m tilll~: -1011923 s lloaa notwithstanding anything contained in the workmen's compensation act, 1923, whare the death or bodily 1njury to any person gives rise to a ~aim for compensation under this act and also under the workmen's compensation act, 1923, the person entitled to compensation may claim such compensation under either of those acts but not under ,·both option regarding claim for compensation in c~" cases "i 10 is llob on receipt of an application for compensation made under section lloa, the claims tribunal shall, after giving the parties an opportunity of being heard, hold an inquiry into the claim and may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid; and in making the award the claims trihunal shall specify the amount which shall be paid by the insurer ot ' owner or il'luteror ·driver of the vessel involved in the accident or by all or any of them as the case may b!"; i of 1898 20f 19'14 (;) in section 1hlc, for the words, figures and letters llsection 195 and chapter xxxv of the code of crimindi procedure, 1898", the words, figures and letter "section 195 and chapter xxvi of the code of criminal procedure, 1973" shall be substituted" m in section 58 of the principal act, for the words clten rupees", the words "olle hundred rupees" shall be substituted am~d­ment at, section 68 z8 after section 58 of the principal act, the following section shall be as inserted, jwl1ely:-insertion of new section 58a 30 penauy· for earryin, excessive quantity 01 carlo on boai'd "58a if an inlan i mechanically propelled vessel has on board or in any part thereof cargo which is in excess of the cargo set forth in the certificate of survey as the quantity of cargo which the vessel or the part thereof is, in the judgment of the surveyor, fit to carry, the owner and the master shaa, each, in addition to the penalty to which he may be liable under the provisions of section 58, be punishable with fine which may extend-(a) in the case of first offence, to five hundred rupel!s; 3s , (b) in the case of any second or subsequent offence, to one tboluland rupees" • after section 62 of the principal act, the following sections shall be inserted, na"l'lely:-insertion of new sections after section 112 "62a if the master or the driver or other person ineharge of the inland mechanically propelled vessel fails to report· an accident in which hi1'l vessel is involved as required under chapter via, he shall be punishable with imprisonment for a term which may extend to ulree months, or with fme whicb may e~tend 'tq five hundred punishment for offences relating to accident flwees, or with both, or, if having been previously convicted of an oftence under this section, he is again eonvicted of an offence under 45 tkis seetion, with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both~ 62b if any person uses a mechanically propelled vessel or causes or allows a mechanically propelled vessel to be used without a policy of insurance complying with the requirements of chapter via, he shall bepunishllble with fine which may extedd to one thousand rupees , pen for usln, uainiuredmec:banlcally propelled vellet 62c if any person without reasonable cause neglects or refuses to give information as to insurance or to produce the certificate of insurance under thf! provisions contained in chapter via, he shall be plfllishable with fine which, may 'extend to one hundred rupees" penalty for neelect or refusal t live information to inburance or to produee cert&-ftcate of insurance 30 section 63a of the prjncipal act shall be renumbered· as· eeetion ro ti3d and before section 63d as so renumbered, the following sections shall be inserted, namely:-in~ of new aect10d1 after sec:ticlftg ··63a if any perllon employed or engaged in any cl[lpacity on board a mechanically propelled vessel commits any of the fo11o,,",inl offences, he shall be lia hie to be punished summarily as followa:-15 deaertion and absence without leave (a) if he deserts from his mechanically propelled vessel, he shall be guilty of thp offence of desertion and be liable to forfeit all or any of the property he leaves on board of the vessel and of wages he has thpn earned and also to imprisonment which may extend to three months; zo (b) if he neglects· or refuses, without reasonable cause, to join his mechanically propelled vessel or to proceed on any voyage in his vessel or is absent without leave at any time within twenty-four hours of the vessel sailing from a port or ghat either at the commencement or during the progress of a voyage ·or is 25 absent at any time without leave and without sufficient 'reason ( from his vessel or from his duty, he shall, if offence does ·not amount to desettiol1 nr is not treated as such by the malllter, be quilty of the offence of absence without leave and be liable tc) 3b forfeit out of his wages a sum not exceedmg two 'clays 'pay and in addition for every twenty-four hours of absence either a sum not exceeding six days payor any expenses properly incurred in hiring a substitute and also to imprisonment which may extend to two months 63b if any person employed or engaged in any capacity on board a mechanically propelled vessel commits any of the followiagoftences he shall be guilty of an 'offence against discipline and he shall be liable to be punished summarily as follows:-general offences against discipline s (4) if he quits the mechanically propelled vessel without leave after her arrival at the port or ghat or port or ghat oil delivery, he shall be liable to forfeit out of his wages a sum not exceeding one month's pay; 10 (b) if he is guilty of wilful disobedience to any lawful command or neglect of duty, he shall be liable to forfeit out of his wltges a sum not exceeding two days pay; is (c) if he is guilty of continued wilfuldisobedienc9 to lawful command or continued wilful neilect of duty, he shall be liable to imprisonment which may extend to one month and also to forfeit over every twenty-four hours continuance of disobedience or neglect either a sum not exceeding six days payor any expenses properly incurred in hirini a substitute; 20 (d·) if- ,he bssaultsthe master or any other officer of the vessel, he shall be liable to imprisonment for a tenn which· may extend to three months or with fine which may extend to five hundred rupees, or with both; 25 (e) if he combines with any of the officers to disobey to lawful commands orta neglect duty or to impede the navigation of the vessel or retard the progress of the voyage, he shall be liable to imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees, or with both; (t) iif he wilfully ,damages his mechanicallypropelled vessel or; commits ,eriminal,miaappropriaiion or breach of trust in respect of or wilful damages to any of her stores or cargo, he hall be liable to forfeit out of his wages a sum equal to the los8 sustained and also imprisonment which may extend to threcmonths 3s s3c if any offence within the meaning of this act of desertion or absence without leave or against discipline is committed or if any act of misconduct is committed for which the offender's agreement imposes fine and it is intended to enfdrce the fine-entry of offence in oftlclal logbook (4) an entry of the offence ,or acts shall be made in the ·official log book and signed by the master and one oltbe person employed or 'engaged in any capacity on baud of the mechanically propelled vessel; (0) the offender shall ·be furmsbedwith acopy of the entry ami have the same read over distincrtly and 811cti'bjy'to him and may thereupon 'make sueh reply:thereto as :berthlnklt ,ftt; (c) a statement of a copy of the etttry havinjf been so furnished and entry having been so read over 'bnd the repty, ;f any, made by the offender shall likewise be entered and signed tn the manner aforesaid; (d) in any subsequent legal proc'eedings the entries by this section required shall,' if practicable, b~ produced or proved, and; in default of such production or proof, the court hearing the case ~ may in its discretion refuse to receive evidence of the offenee or act of misconduct" n for section 69 of the principal act, the following section shall be m1bstltuted, namely:; substitution of new section for section 69 "69 'the state gov,ernment may, by notification in the ofttcial to gazette, exempt all or any mechanically propelled vessel belonging to or in the service of governmen1 from payment of any fees payable by or under this act" exemption to government vessels from fees 32 in section 72a of the principal act,-(i) for the words "of a province in pakistan", the words "of i' amendment ot section 72a ~ladesh" shall be substituted; (ii) for the words "that dominion", the words "that country" shall be substistuted ,33 section 73 of the principal act shall be omitted omission ot section 78 amendment of sectiob 74 34 in section 74 of the principal act,-20 (i) in sub-section (1), for the words "on a state government", the words "on the central government or it state goverlll'dent" shall be substituted; (it) after sub~section (2), the following sub-section, shall be in--ted, n"mely:-2, ; "(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 jgin session, for a toud '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 sassiod 30 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 35 modification or annulment s11a11 be without prejudice to the validity of anythil'\i previously done ~nder that rule" statement of object~ ani) reason~with t1ae~g~ of time, operation of power vessels in u\~, ~n\~ waters of the country has undergone considerable ch~nge with th~'res~lt that the provisions contained in the indian steam-vessels' act, ltn', are not found to be adequate effectively to regulate the operation of the inland vessels a committee was set up by the government of india under the chairmanship of shri b bhagavati, member of parliament to consider the problems relating to the development of inland water transport and to suggest phased programme for development of this mode of transport recommendations for the amendment of the act were made by the committee certain other legislative changes are also considered necessary in the light of practical experience the amendments proposed in the bill are intended to make the legislation more effective and useful in regulating the operation of inland vessels having regard to the present day needs 2 the principal act was enacted when steam-vessels were in vogue with the advent of oil-fired vessels steam-vessels have become scarce and even the short title to the act would be misleading in the present context accordingly it is proposed to modify the short j title of the act as "inland vessels act" and to substitute the expression "steam-vessels" by the expression "mechanically propelled vessel" there is no provision now enabling the mortgage of vessels by owners for securing financial assistance for the construction or repair of vessels provisions in that regard on the lines of those contained in the merchant shipping act, 1958 (44 o~ 1958) are proposed in order to overcome the difficulty in the case of wreck, etc, the state government is authorised to appoint a court of investigation only on a report to that effect from the master of the vessel it is considered necessary to provide for the appointment of a cour!! of investigation on the report of persons other than the master also at present there is no provision in the act enabling the state government to take action to clear navigable channels blocked by wreck or other obstruction or by the grounding of an overdrafted vessel though such provisions do find a place in the indian ports act, 1908 (15 of· 1908) it is proposed to empower the state government to clear up the navigable channels so blocked or obstructed compensation to passengers travelling in inland vessels involved in accidents is a public necessity it is, therefore, proposed to provide for the obligatory insurance of passengers against risk and the burden is cast on licensed carners by adopting provisions analogous to those applicable in the case of motor vehicles accidents in view of the danger involved in carrying passengers or cargo or both in excess of what is set forth in the certificate of survey granted to a vessel, it is considered necessary to enhance the penalty for exceeding the set limits in case of desertion, wilful absence from duty negligence, etc, by personnel employed in inland mechanically propelled vessels there are no provisions for the taking of disciplinary proceedings provisions analogous to those in the merchant shipping act, 1958 are proposed to be included io u to ensure discipline among the pertjonnel opportunity is also being taken to amend the rule laying formula to bring it in conformity with the recommendation of the committee on subordinate legislation 3 the bill seeks to give effect to the objects mentioned above nw dam; morarji desai the 28th j'ii:ne 1977 clause 14 of the bill seeks to amend section 19r of the act which relates to the rule making power of the state government in sub-l8ction (2) thereof, new clauses (fa) and (ga) are being inserted to empower the making of rules for prescribing the authority and for furnishing to such authority the information with respect to the inland mechanically propelled vessel and its registration and for providing the form of instrument creating a mortgage of a mechanically propelled vessel or a share therein or transfer of any such mortgage clause 26 of the b1ll seeks to apply chapter viii of the motor vehicles act, 1939 in relation to the insurance of mechanically propelled vessels against third party risks as they apply in relation to motor vehicles subject to the modifications contained in that clause sections 111 and ilia of the motor vehicles act, which are made applicable by this clause, relate to the rule making powers of the central government and the state government respectively 2 the matters with regard to which the central government ol' the state government, as the case may be, is proposed to be empowered to make rules are matters of detail the delegation of legislative power :ii, therefore, of a dormal character (l cw1li17)~ ' : r' ~ti arit ~' 'e'on'sdifda1e the el1actm~ relating to'tn-iand stem-\pessels' 'iw~ft is ex~l~nt tocon:sotidate the enactments relating to iiil~n'ct!stea'l1'l;:,ve$s'eis j'lt fshetetiy· cnactedas fonaws:-- " ', " " chapter i j' short title and extent de1initiona paalmi~"y l' 'i)'t~ actmary be ~called the inland steam-vessels act 191'7 - - z 'in this ad, uriless the!l'e is anything repugnant ttl the' subject or canleii ~ ',' ' ~; ~~ 11:"; " (1) "inland steam-vessel" means·a ·8teamjvill8l which otdiaerily plies on any inland water; (2) "inland water" means any canal, river, lake or other navigable wa,ter; (3) "passenger" includes any person carried in a steam-vessel other than the master and crew and the owner, his family and servants; (4)"prescribed" means prescribed by any rule under this act; (5) "steam-vessel" means every description of vessel propelled wholly or in part by the agency of steam; (6) "survey" means the survey of a steam-vessel under this act; (7) "surveyor" means a surveyor appointed under this act; and declaration of surveyor (8) "voyage" includes the plying of a steam-vessel at or about any place - - - - - 7 when the survey of a steam-vessel is compieted, if the surveyor making it is satisfied that- - - - (iii) the number of passengers (if any) which the steam-vessel is, in the judgement of the surveyor, fit to carry, specifying, if necessary, the respective numbers to be carried on the deck and in the cabins, and in different parts of the deck and cabins: the number to be subject to sucll ~onditions and variations, according to the time 20 :,,",-"'-of year, the nature ot the 'voyage, the cargo carried or other cfrcumstances, as the case requires; and - - - - - 19e (1) - - - - - pi~of registration 7 of 1913 (2) where the owner applying for a certiftcate of registration is a company registered u·lder the indian companies act, 1913, the appuc:atio'n may be made to a registering authority within the local limits of whose jurisdiction the principal office of the company is situate - - - - - " 57 and 58 viet e 60 190 where an application is made under this act for the registration of an inland steam-vessel registered under the merchant shipping act, 1894, as amended by any subsequent enactment, the regisfering authority shall, on receipt of such application and any fee that may be prescribed, and on being furnished with satisfactory proof of the fact of such registration, grant to the applicant a certiftcate of registration under tilts act ' - - - - - automatic re,istration of inland steamvessels registered under the merchant f)hipping acts 191 (1) - - - - - prohibition a,ainst transfer of certi-reate ()f registration (2) a certificate of registration in respect of an inland steam-vessel issued by a registering authority in one state shall be valid for that state only, but where any such vessel plies tn inland waters of 'more than one state, nothing in this section shall be deemed to j'equire the owner or master of the vessel to obtain a fresh certiftcate of registration in relation to the state or ,states in which the vessel is not so registered: transfer of registry provided that the owner of the \tessel has not ceased to reaide or 'carryon business in the state in which the vessel was originauyregisteredo - - - - - 19k (1) the registry of an inland steam-vessel may be transferred from one place in a state to another place in another state on the application by the owner or master of the vessel to the registering authority of the place where the vessel is registered (2) on receipt of such application, the registering authority shall transmit notice thereof to the registering authority of the intended place of registry with a copy of all particulars relating to the vessel (3) the certiftcate of registration in respect of the ves8elshall be delivered up to the registering authority either of the existing 01' intended place of registry and, if delivered up to the former, shall be transmitted to the registering authority of the intended place of regisfry (4) on receipt of the documents, referred to in sub·se~tions '(2) and (3) and the prescribed fee, if any, the registering authority of the intended place of registry shall enter in its register book all the particulars so transmitted as aforesaid and grant a fresh certificate of regist'ration in respec~ of the vessel and thenceforth such ~essel shall be considered as registered at the new place of tegistry 19m (1) an inland steam-vessel registered under this act in one state shall not be transferred to a person resident in another state in india or in any country outside india, without the previous approval of the government of the state in which the vessel is registered: prohibition against transfer of ownership of registeped vessel 57 and 58 viet, c 80 provided that where an inland steam-vessel is also registered under the merchant shipping act, 1894, as amended by any subsequent enactment, this sub-section shall have effect as if for the words "the government of the state in which the vessel is registered" the words "the central government" had been substituted '" '" 19k (1) '" '" '" '" '" - '" '" (2) in particular, and without prejudice to the generality of the foregoing power, such rules may-fower to dlake rules grant of masters', serangs', engineers' and enginedriver's certificates of service licences '" '" '" '" '" 22 (1) the state government may, if it thinks fit, grant without examination to any person who! has served as a master, or as an engineer, of an inland steam-vessel before the first day of april, 1890, a certificate (hereinafter called a certificate of service) to the effect that he is, by reason of his having so served, competent to act as a first-class ma~:ter, secqlld-class master or serang, or as an engineer, first-class engine-<iriver or second-class engine-driver, as the case may be, on board an inland steam-vessel - '" '" '" - 22a (1) the state government may, also if it thinks fit, grant-- - - '" - (b) to a person who is in possession of a first-class engine-driver's certificate granted under section 21 or section 22, or an engine-driver's certificate granted under the indian s'team-ships act, 1884, and has, 7 of 1884, by virtue of such certificate, served as an engine-driver of an inland steam-vessel having engines of not less than seventy nominal horsepower for five years, for not less than two and a' half years of which period he has been the engine-driver of such vessel within the meaning of section 26, a licence authorising such person to act as master or engineer, as the case may be, of any inland steam-vessel having engines of one hundred and seventy nominal horse-power or of such less nominal horse-power as such government may deem fit - - - - - 25 an inland steam-vessel having engines of one hundred or more nominal horse-power shall not proceed on any voyage unless she has-1 of 1859 57 - 68 vict, c 80 (a) as her master a person possessing a ftrst-cla~s master's certificate granted under this act, or a master's certificate granted under the indian merchant shipping act, 1859, or granted under, or continued in force by, the merchant shipping act, 1894, or a master's licence granted under section 22a and applicable to such vessel and voyage, and certicates to be held by master and engineer of vessel of one hundred or more horsepower (b) as her engineer a person possessing an engineer's certificate granted under this act, or the indian steam-sbips act, 1884 or gran~ 57 &: 58 vict, c 60 under, or continued in force by the merchant shipping act, 1894 or an engine-driver's licence granted under section 22a and applicable to weh vessel and voyage an inland steam-vessel having engines o~ forty or more· nominal horae--power but of less than one hundred nominal horse-power, shall not proceed on any voyage unless she has-- - - - - 7 of 1884 (b) as her engineer a person possessing a first-class ~gine­driver's certificate granted under this act, or an engine-driver's certificate granted under the indian steam-ships act, 1884, or any certificate referred ito in claule (b) of section 25: cerwi~ cates ~ be held by muter and· engineer ofveaael of qet ween forty and cne hundred horsepower provided that a steam-vessel shall be deemed to have complied with this section if she has as her master and engineer a person possessing both a certi1icate referred to in clause (g), and a certificate referred to in clause (b), ~ this section - - - - - • notwithstanding anything in this chapter, the state government may, by general or special order, direct that a person possessing-, (g) a master's certificate granted under the indian merchant shipping act 1859, or granted under, or continued in force by, the merchant shipping act, 1894, or (b) an engineer's or engine-driver's certificate granted under the indian steam-ships act, 1884, or an engineer's certificate granted under, qr continued in force by, the merchant shipping act, 1894, lot 1859 57 ie 68 viet, c 80 7 of 1884 57 &: 88 vict, c so shall 11:0t act as master or engineer, as the case may be, of an inland steam-vessel unless he also possesses--power for state govern· mentto require master or engineer to hold eertifllcate granted underact in addi~ tion to other certificate (i) in case (g) such a master's or serang's certificate granted under this act as qualifies him under this chapter to act as master of the steam-vessel or (ii) in case (b), such an engineer's or engine-driver's certificate granted under this act as quali1les him under this chapter to act as engineer of the steam-vessel: provided that, fqr the purposes of this section, the state government may if it thinks fit, grant to any person without examination, a master's or serang's or an engineer's or engine-driver's certificate of competency under this act, and such certificate shall have the same effect as a certificate of competency granted under this act after examination - - - - - 33 (1) if a formal investigation into the facts of any case reported under section 32 appears to the state government to be expedient, the state government may-(4) appoint a special court and direct the court to make the investigation at such place as the state government may fix in this behalf, or power for state government to appoint court of investf'-gauon (b) direct any principal court qf ordinary criminal jurisdiction or the court of any district magistrate to make the investigatioll - - - - - 45 any certificate granted or any endorsement made under chaptet iii may be suspended or cancelled by the government of the state in which the certificate was granted or, as the case may be, in respect of which the enciorsement was made, in the following cases • jwile1y-- '" 53 (1) '" - 5 of 1898 (5) the procedure prescribed by section 59 of the· code of criminal procedure, 1898, in the case of arrest by private persons shall wly to every arrest made under this section - '" '" '" '" power for state governmentto suspend orcanael certift c-in certain castel power for state governmentto make rules as to carriage of paslellgersin inland steamvessels ma (1) the state government may, by notification in the oftidal, gazette, after such inquiry as it may consider necessary, in respect of any system of inland waterways, or of any stretch of inland waterway or of the run between any two stations on an inland waterway,-(~) fix the maximum or minimum rate per mile which may be charged for ·passenger fares for passengers of any class travelling on inland steam-vassels; (b) fix the maximum rate per mile which may be charged for flieight on goods ·of any description carried in inland steam-vessels; power of state governmenuo fix maximum and minimum rates10r pasbenier faresand bewht for goode (c) fix the minimum rate per mile which may be charged for freight on goods of any description carried in inland steam-vessel: and' - '" 110 penalty for carryingex-c'~ssive number of panengerson board 58 if an inland steam-vessel has on board or in any part thereof a number of puaengers which is greater than the number set forth in the certifioate of aumey as the number of passengers whic:hthe vessel or the part thereof is, in the judgement of the surveyar,fit:to carry the owner and the master shall each be punishable with fine which may extend to ten rupees for every passenger over and above that number - - exemption of government vessels 69 save in so far qs the state government may, by notification in the official gazette otherwise direct nothing in this act, or any rule made thereunder, shall apply to any inland steam-yessel belonging to, or in the senrice of government - - - - endorsementor cerwlcatea,and licences granted 7za any certificate or licence granted by the government of a province in pakistan in accordance with the provisions of any law for the time being in force in that dominion corresponding to the provisions of chapter ii or chapter iii of this act may, on payment of the fees prescribed for the grant of a similar certificate or' licence under this act, be endorsed hy-(a) the government of any state in india, or in pakistan (b) with the general or special sanction ot the government of such state, by any authority competent to grant a similar certificate or licence under this act, and upon any such certificate or licence being so endorsed, it shall have effect as if it had been granted under this act 73 the provisions of this act shall also apply to all vessels which ordinarily ply on inland waters and are propelled by electricity or other mechanical power (except steam): provided that the' state government may, by notification in the official gazette, declare that any provision of this act shall, in its application under this section to such vessels, be subject to such modifications, for the purposes of adaptation as may be specified in the notification appli_ cation of act to vessels propelled byelectricity or other mechani cal power 74 (1) the power to make rules conferred on a state government by publicathilil act is subject to the condition of the rules being made after previous tlon of publication rules - - - - - a billfurther to amend the inland steam-vessels act, 1917 $ (shri 1f0000tlt';i r dea~li prime minilt,-)

Parliament_bills

a31e09e2-a24e-542e-9d11-91f227c37c25

bill no vi of 2002 the freedom of childhood bill, 2002 a billto provide complete freedom to a child for enjoying his childhood through banning admissionof a child below five years of age for regular schooling which causes depression and other ailments, for reducing workload of children who are above five years of age but below the age of fifteen years, for attending school for education by prohibiting assignment of home task to such children to enable them to play and enjoy and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-third year of the republic of india as follows:—1 (1) this act may be called the freedom of childhood act, 2002(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force with immediate effect5definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state the government ofthat state and in all other cases the central government;(b) "child" means a boy or girl who is below the age of fifteen years;(c) "educational institution" includes any school whether nursery, kg, primary, middle, secondary or senior secondary level, imparting education to child by whatever name such institution is called;5(d) "parent" in relation to any child includes a guardian and every person who has the actual custody of the child;(e) "prescribed" means prescribed by rules made under this act; (f) "toddler" means a boy or girl who is below the age of six-years3 no educational institution shall admit a toddler for regular schooling such asreading, writing or crammingprohibition of regular schooling for a toddler10home task not to be given to a child4 no child who is attending an educational institution for studies shall be given anyhome task by such institution so as to enable the child to play and enjoy his childhood after school hours5 it shall be the duty of every parent of a child to allow it to play and enjoy for a reasonable period of time during the dayparents to allow the child to play for reasonable period of time156 no person shall employ a child as domestic servant or in any establishment in anymanner whatsoever which may deny him the enjoyment of the childhoodprohibition of employment of childrenperiodic medical examination of the child207 the appropriate government shall conduct a periodic medical examination ofevery child studying in any educational institution, falling under the jurisdiction of that government from time to time and take such remedial measures as are recommended by the medical authorities8 the appropriate government shall conduct a survery from time to time in respectthe freedom available to children and prepare a report thereon and shall cause such report to be laid before the respective legislaturessurvey to be conducted in respect of children25admission to be through draw of lots9 notwithstanding anything contained in any other law for the time being in forceall the admissions in a school at the entry stage of formal education shall be on the basis of draw of lots to be held in the presence of parentspenalties10 (1) whoever contravenes the provisions of sections 3 or 4 shall be punishablewith imprisonment for a term which may extend to six months or with a fine which may extend to five thousand rupees or with both;30(2) whoever contravenes the provisions of section 6 shall be punishable withimprisonment for a term which may extend to seven years or with a fine which may extend to fifteen thousand rupees or with bothpower to make rules11 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act statement of objects and reasonsrecently it was widely reported in the national print media that the medical community is deeply concerned about the trauma of the pre-school children particularly in the age group of 3 to 6 years it was stated that there was an increase in the incidence of recurring respiratory infections, fever, pains and temper tantrums among the pre-schoolers which could be related directly or indirectly to early schooling it is a well known fact that now-a-days children are being sent to school at the tender age of two years in schools known as nursery, kg etc these schools publish big advertisements in prominent newspapers for registration of children and charge heavy registration fee in some cases registrations can be made few days after the birth of the child thereafter, the present system of admission causes a lot of tension and trauma in children if they face rejection at the entry stage and instils a sense of loss in their mindsit is a sorry state of affairs that toddlers who should play and enjoy their childhood are forced to attend regular schools at a very tender age instead of enjoying their childhood by playing and running after the butterflies, making mischiefs, they are forced to read, write and cram and do the home task assigned to them by their teachers children have foregotten to play and enjoy this sorry state of affairs is causing havoc to children according to some paediatricians the introduction of early formal education can lead to adverse consequences not only in terms of intelligence but also in motivational and socioeconomic development they have observed that there is an increasing incidence of stressrelated medical problems in children due to hazards of early formal schooling moreover at tender age the childrens' muscles are still in the process of development at their muscles co-ordination particularly of wrist and fingers need strength as a result children do not even have the capacity to hold and use a pencil in a well-co-ordinated wayin these circumstances it is necessary that admission to schools for children below six years of age should be stopped and children below the age of fifteen years should not be given home task they should get reasonable time to play and enjoy childhood all admissions at the entry point of school should be on the basis of draw of lots drawn before the parents no child should be employed by any one and medical examination should be conducted for children from time to time they must get time and opportunity to enjoy the childhood without worrieshence this bill memorandum regarding delegated legislationclause 11 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character4 rajya sabha a billto provide complete freedom to a child for enjoying his childhood through banning admissionof a child below five years of age for regular schooling which causes depression and other ailments, for reducing workload of children who are above five years of age but below the age of fifteen years, for attending school for education by prohibiting assignment of home task to such children to enable them to play and enjoy and for matters connected therewith or incidental thereto(shri ss ahluwalia, mp)

Parliament_bills

b9496a23-c136-503a-92ef-4910982017b0

the preference shares (regulation of dividends) bill, 1960(to be introduced in lok sabra) the preference shares (regljiation of dividends) bill, 1960 (to be introduced in lok, sabha) a billco regulate ctivtdends on preference shares 01 c'en41n compa?des ihl it enacted by parliement in -the eleoventh year 'of the reptibuc 'of india'as follows:-1 (1) this act may be called the preference sbaree (re,watiod short tid ed dividends) act, 1960 :!cc:-esac s (2) it~x'tends' to'the whole of india: pl'ov~d that it tiau not apply to the state 'of 'jammuld1d kaahmir except to· the extent to which the provisions' of this' lct relate to the regulation' of dividends onpreferenee shar5 ofl!jarlkiag ad ift8llftmce ~rnpanies and' flnandalc'cll'porauons 10 2 in this act, unless ,the context otherwise requires,-(g) "companies act" meahs' the cdmpmties a'et, 1956~ (b) "<:ompany" means a company as defined in clause (1a) of section 2 of the indian income-tax act, 1912 and: includes a company referred to in sub-elause (ii) of clause (sa) , -91 tileaaid' section -which' has mad~ ~ents far the de- ele'atio'ft mdpayrnent 'of dtvidl!!hds '\1tit1'bn india in aceordance with the rules made under the, said act; (c) ~'lnf8ndce,ahare" fthwlsa _hare wkicb "_ving been iisued and subscribed for befere the' lat· day·'of april, '1160, ear-,ao ries, respects dividend!!,· 8 preferential right-to be paid a fixed amount or an amount -calallated't a 'fixed' me; (e) "stipulated dividends", in relation to a preference share, means the fixed amount or the qillount calculated at a fixed rate which the holder of such share has a preferential right to be paid 5 u dividend; (f) all other words and expressions used but not defined in this act and defined in the companies act shall have the meanings respectively assigned to them in that act ~doa 3 (1) where the stipulated dividend in respect of b preference 10 , atu!edc1t ihare of a company-_prd'erace lbaniid <ii (a) is specified to be free of income-tax, or (b) was being paid before the 1st april, 1960, without any deduction therefrom on account of the income-tax payable thereon by the company, notwithstanding the absence of any specifi- is cation thet the dividend would be free of income-tax, every such share shall, as respects dividends declared after the commencement of this act, carry a preferential right to be paid free of income-tax such amount as would exceed the stipulated dividend by 'wenty-ftve per cent thereof 20 (2) where the stipulated dividend in respect of a preference share of a company issued and subscribed for after the 31st march, 1959 ia free of income-tax and the company, besides paying the stipulated dividend to the holder of such share, pays to government on his behalf any sum on account of income-tax payable thereon, then, 25 f!!very such share shall, as respects dividends declared biter the commencement of this act, carry a preferential right to be paid free of - r income-tax such amount as together with the sum aforesaid would exceed the stipulated dividend by twenty-five per cent thereof (3) where the stipulated dividend in respect of a preference 30 lhare ot - company-' : <a) is specifted to be subject to income-tax and a deduction is made therefrom on account of the income-tax payable thereon by the company, or , (b) \vb 'being pa,id bef~e the 1st april, ~980,ubject to - !~ dtduction therefrom on account at the income-tax pa:yble thereon by the company, notwithstanding the absence of any speci1lcation that the dividend would be subject to income-tax, tben, flywy such share shall, as respects djvidendl declared after tae comm8ncement· of this act,carry apreferential rigb,t to be paid iucb amount subject to the deduction aforesaid as would exceed the' ijtipu-iated djvidend by seven per cent thereof $ (4) where a company has in relation to a preference lihue dec-jared,-(a) after the 31st march, 1959, and before the 1st july, 1980, a· dividend in respect of a previous year relevant to its assea- ment year 1960-61 or a subsequent assessment year, or 10 (b) after the 30th june, 1960, and before the commeneement of this act, a dividend in respect of any previous year, it shall declare, in respect of the said previous year, an addjtional d 'vidend of such amount as, together with the dividend already deelared, would exceed the stipulated dividend-15 (i) by twenty-five per cent of the' stipulated dividend in the cases referred to in sub-section (1), or (ii) by seven per cent of the stipulated dividend in the cases referred to in sub-section (3) (5) for the purposes of sub-section (1), sub-section (3) and sub-20 section (4), any reference therein to the stipulated dividend shau, in respect of a preference share issued and subscribed for on or before the 31st march, 1959, be construed as a reference to the stipulated dividend as on that day ii of 1912 4 where any preference share has been issued by a company of sp~cia1 pro-2s which any portion of the profits and gains in respect of the relevant v1s110?s ld d' h h h reatlodto peno is not c argeable to income-tax under t e provisions of t e l'ompldici indian income-tax act, 1922, thc'!1, for the purpose of the in- wh~ of crease in the dividend in relation to any such pre- f:e1r iacome ference share under the provisions of section 3, the increase of i~~~ c::r-30 twenty-five p0r cent or seven per cent referred to therein shall be fncomc-lu t~ken to be such proportion o~ the said twenty-five per cent or seven per cent, :is the ca!'e may be, as the total amount of the portions of the profits and gains of the company in respect of the relevant period on which income-tax is chargeable bears to the' total amount 3s of the profits and gains thereof in respect of that period explanation-for the purposes of this section, "relevant period", in relation to the profits and gains of a company, shall mean-(a) the previous years relevant to such of the three assessment y~ as immediately precede the assessment ytar 40 endjng on the 31st march, 1961, and in each of which the net result of the computation of profits and gains of the company ~p~~ ~j1,~~9t~h,~: ~~e~! are c?~ ~olu~h yeen 1= t~~ ~""~!' ~!!:! t~~~ ~ ~~ ~~~ ~':lc~~, ju~ 1}~yur;or (b) in any case wbanc:lauae (a)is ack ppllcawt u, vi~~, ye~r r~~yan~ to the as~~s~~en~ year ending on jtle 31st march, 1961 or a subsequent assessment year immediatelyfol-'· lowing thereafter in which the net result of the computation 'of proits ancl gatn:s hail not beeu:a lois oyel'-ridlda 5 (1) the provi:do~s of this act sh~ll hav~ ~1f~ notwtthstanddect of act ing anything t!> the con~r~ry contained in any law for the time being in force" or in the memorandum or articles of a company ql" in any 10 agreement between the company and its sharehelders or in· any ~~ ~~"b~:the·c~y m a 8~~ me~orbyt1~ b9j1!rc4 ·91 w~'f (2) notwithstanding anything contained in this act, a compad, may, in the mannel' provided in section l06·of the companies act, 15 increase the amount of dividend in respect of a pre£eenceahare bqodfl the liwt speei1i~ in s~ion 3 or secticlll 4 ofthi - act ad: not to 6 nothing contained in this act shall apply to such part of any ~lf~t~~ cl~~ on p~cq shnesas is referred to in c1a~ (i) of the pref:rence b~~tq ju~ion (1) of ~tiod 85 of the cq~~ zq dividends a~t·· r::~rr~ks 7 (1) the central government may by nc?tiftcatioi\ ~ the omcia! gazette, make rules for carrying out the purposes of this act (2) e\t~ rulemade under this section shall be laid as sqqq 8l , ~ beaftar it is made before each houae of parliament while it is 25 in se~on for a total period of thirty dayli which may be comp;rised in one ~n or in two successive sessions, and if, befo£e the expj;!:y o~ the session in which it is so laid or the sessi~ imme<iiately follow¥;lg both house,s agree in making any modification in thq rul or both hous~ agree that the rule should not be made the rule 30 sh~ll there¥ier hav~ effect only in such modified fol'm or be of po ~~ as the case llu!y be, so, bowev~, that any $uch mqditwatiea or ~ulj;dent~ll be wjtho\lt prej,udice to the va¥idi~)'! of ~~ previously d • ),l~~ that ~ic: wita ule iil~r04yctiop of the new scheitle oftaxatiqd in relation ;q~p1lti of cqt:npanies julq divid~nd" therefrom by the finance acta, lq~ ~,lq6q, tlw' effectjve :rate of income-ta;x: and super-tax h~ b~ d"eqluied in the case of indian companies and such foreign companies as have made the prescribed arrangements for the declaration -ad ·paytnht of diftiena- 4n iruiia~ siiilultaneoua1y the:· tax based on, e dividends ajhl the wealth tax on eoznpani_ h~ also bee abushed it was expected· that ua resv-lt of the -savida in tl» tax', payable by colllpaaiee they··would deoluehi,ael' diyt, denda-w an the shareholder& whethel' holdifl, pre~ -er ,0niinu7 shane,· tb1s expectation, diet not matenausein the ,(8$0,-01 pm en4m ihuehelders it haa been -bl'gught to the l1«8ice ef govemmtllt that many companies ·have not made uitable increues iii the dm· dend~ p~yable to preference shareholders in some cases, the companie~ have indicated that while in principle the)" arree that preference sha,reholders should get a larger dividend, there a~ praeti91 diftlcult~es in their declaring large·r dividencb to them; in thebe circum,stanees, it is considered necessary to undertake lerislatieftfor the purpose 0f regulating dividenas on preferenee s-harea- ;~ and subscribed for before the 1st april, 1960 2, ~e pj,"esent b1ll seeks to achteve th(· above qbject and the notes oncl~us~s explain the various provisions thereof n1:w delhi; m'orarji desai the 29th a uguat:, 1960' clause 2 defines inter alia, "company", "preferenc' ~ share" and "stipulated dividend" the definition of "company" has been taken from the indian income-tax act, 1922 and excludes from the scope of the term such fareign companies as have not made the prescribed arrangements for the declaration and payment of dividends in india the definition of "preference share" follows the definition of "preference share capital" contained in section 85 (1) of the companies act, 1956, but is restricted only to shares issued and subscribed for before the 1st april, 1960 in respect of preference shares issued and subscribed for after the 31st march, 1960, the companies and the shareholders are fully aware of the legal position and it is up to the companies to clarify to the new shareholders their right as to the amount of dividend payable to them ctause 3-sub-clause (1) provides for the regulation of dividends on preference shares where the dividend is either specified to be tax free or which was being paid by the company without any deduction therefrom on account of income-tax payable thereon by the company although the dividend· on such shares was not specified to be tax free sub-clause (2) applies to preference shares issued and· subscribed for after the 31st march, 1959 but before the 1st april, 1960 the stipulated dividend on which is specified to be tax free and in respect of which the· company agrees to pay to the government on behalf of the shareholder, the whole or a part of the tax payable thereon in addition to the basic dividend sub-clause (3) regulates the dividends on a preference share the stipulated dividend on which is either specified to be subject to income-tax or was being paid before the 1st april, 1960 subject to deduction on account of income-tax payable by the company thereon although not specified to be subject to income-tax· sub-clause (4) in substance gives retrospective effect to subclauses (1) and (3) and provides for the declaration of an additional dividend on preference shares where any dividend declared in respect thereof after the 31st march, 1959 and before the commenceme·nt of the act a not entitled to the benefit of "grossing" under the provisfollj of the indian income-tax act, 1922 and the d1v1dend , already declared is leas than the dividend provided for under the bill ' , ~ 'si£b-clau8e (5) prcw'ides that in' respect of a preferenee -llbare issued and subscribed far on or before the 31st march, 1959 the increase to be made under sub-clauses (1), (3) aj;ld (4) shall be with reference to the stipulated dividend as on the 31st march, 1959 clau:se 4 provides for proportionate increase in the dividend on preference shares whe:re a part only of the income of the company is chargeable to income-tax clause 5-sub-clause (2) makes a clarificatory provision that a ' company may for the purpose of declaring a larger dividend than that provided for in this bill take recourse to the, provisions of section 106 of the companies act, 1956 clause 6 makes it clear that the provisions of the bill will not apply to the additional dividend which a participating preference \ sbareholde·r is entitled to receive along with the equity shareholders in addition to the fixed amount of dividend for which he has a preferential :right clause 7 makes the usual provision authorising the central government to make rules for carrying out the purposes of the bill ctaull''7 'of the':em atl'tharijes the ceiltnl o~~e~llt1o "!ftillie tutes"' for" elll'ry12lg out' the pl1rpdse of this ':!in ~ f!l'uteted:!fre roles would d~al "with proeedutal and adl'nin1rltltuve' tmlttt'ts -efiiy «'h tieft of l~ pewer i& 01 'bonaal"""-r a bill to regulate dividends on preference shares of certain companies (shri morarji desai, minister of finance)

Parliament_bills

803da008-285c-5102-95d8-2f13f42a70f7

bill no 93 of 2017 the constitution (amendment) bill, 2017 by shrimati meenakashi lekhi, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 20172 in the seventh schedule to the constitution,—(i) in list ii-state list, entry 17 shall be omitted; (ii) in list iii-concurrent list, after entry 6, the following entry shall be insertednamely:—"6a water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of list i" statement of objects and reasonswater is a state subject it is desirable that requisite amount of water is available without any hindrance to drinking and irrigationwater resources are sources of water that are useful or potentially useful uses of water include agricultural, industrial, household, recreational and environmental activities the human, animals and all living beings require water without water life is impossiblearound ninety per cent of the water on the earth is salty water and only three per cent is fresh water; slightly over two thirds of which is frozen in glaciers and polar ice caps the remaining unfrozen fresh water is found mainly as groundwater, with only a small fraction present above ground or in the airfresh water is a renewable resource, yet the world's supply of groundwater is steadily decreasing, with depletion occurring most prominently in asia and north america, although it is still unclear how much natural renewal balances this usage or whether ecosystems are threatened the framework for allocating water resources to water users (where such a framework exists) is known as water rightsthe bill seeks to amend the seventh schedule to the constitution with a view to transfer entry 17 of list-ii, state list pertaining to 'water', to list-iii, concurrent list so that the parliament and the central government can also play its due role in the field of development of agriculture and sustainable use of water to meet the growing needs of the societyhence this billnew delhi;meenakashi lekhinovember 18, 2016 annexureextract from the constitution of indialist ii - state list17 water, that is to say, water supplies, irrigation and canals, drainage and embankments, water storage and water power subject to the provisions of entry 56 of list ilist iii - concurrent list6 transfer of property other than agricultural land; registration of deeds and documents lok sabha———— a billfurther to amend the constitution of india————(shrimati meenakashi lekhi, mp)gmgipmrnd—4138ls(s3)—05-07-2017

Parliament_bills

e15f5789-788a-58c8-9d73-8b4990940b64

amendment of section 18 6 in section 18 of the principal act, in sub-section (2), after the proviso, the following provisos shall be inserted, namely:— "provided further that no such assignment shall be applied to any medium or mode of exploitation of the work which did not exist or was not in commercial use at i the time when the assignment was made, unless the assignment specifically referred to such medium or mode of exploitation of the work: provided also that the author of the literary or musical work included in a cinematograph film or sound recording shall not assign the right to receive royalties from the utilisation of such work in any form other than as part of the cinematograph film or sound recording except to the legal heirs or to a copyright society for collec- 10 tion and distribution and any agreement to the contrary shall be void" 7, in section 19 of the principal act,-— amendment of section 19 (j in sub-section (3), for the words "royalty payable, if any", the words "royalty and any other consideration payable" shall be substituted; (ii) after sub-section (7), the following sub-sections shall be inserted, namely: - i~ "(8) the assignment of copyright in any work contrary to the terms and conditions of the rights already assigned to a copyright society in which the author of the work is'a member shall be void, (9) no assignment of the copyright in any work to make a cinematograph film or sound recording shall affect the right of the author of the work to claim royalties or any other consideration payable in case of utilisation of the work in any form other than as part of the cinematograph film or sound recording" 8 in section 19a of the principal act, in sub-section (2), in the second proviso, for the words "provided further that", the following shall be substituted, namely:— amendment of section 19a, - "provided further that, pending the disposal of an application for revocation of 2-57 assignment under this sub-section, the copyright board may pass such order, as it deems fit regarding implementation of the terms and conditions of assignment including any consideration to be paid for the enjoyment of the rights assigned: provided also that" 30 9, in section 21 of the principal act - amendment of section 21 () in sub-section (1), for the words "the registrar of copyrights", the words » "the registrar of copyrights or by way of public notice" shall be substituted; (ii) after sub-section (2), the following sub-section shall be inserted, namely:— ie "(2a) the registrar of copyrights shall, within fourteen days from the publication of the notice in the official gazette, post the notice on the official website of the copyright office so as to remain in the public domain for a period of not jess than three years," amendment of section 22 10 in section 22 of the principal act, the brackets and words "(other than a photograph)" shall be omitted 11 section 25 of the principal act shall be omitted, yoomission of section 25, 12 in section 26 of the principal act, the following proviso shall be inserted, namely:— amendment of section 26 "provided that in the case of a principal director, the copyright shall subsist until seventy years from the beginning of the calendar year next following the year in which the film is published," , 13 in section 30 of the principal act, for the words "writing signed by him", the words amendment of section 30 "writing by him" shall be substituted 14, in section 30a of the principal act and in its marginal heading, for the words, figures and letter, "section 19 and 19a", the word and figures "section 19" shall be substituted amendment of section 30a ¢ 15 in section 31 of the principal act,— amendment of section 31 @ in sub-section (1),— : (a) for the words "any indian work", the words "any work" shall be substituted; (b) for the words "licence to the complainant" the words "licence to such }0 person or persons who, in the opinion of the copyright board, is or are qualified to do so" shall be substituted; (c) the explanation shall be omitted; (if) sub-section (2) shall be omitted, 16, in section 31a of the principal act,— amendment of section bha 1s ( in the marginal heading, for the words "indian works", the words "or published works" shall be substituted; (ii) for sub-section (1), the following sub-section shall be substituted, namely:-— "(1) where, in the case of any unpublished work or any work published or communicated to the public and the work is withheld from the public in india, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the copyright board for a licence to publish or communicate to the public such work or a translation thereof in any language" 17 after section 31a of the principal act, the following sections shall be inserted, 26" namely: - | insertion | of ||--------------|----------|| new | sections || 31b, | 31c, || and | 31d |43 of 1961 compulsory licence for benefit of disabled 1 of 1996 j0 '31b, (1) an organisation, registered under section {2a of the income-tax act, 1961 and working primarily for the benefit of persons with disability, and recognised under chapter x of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, may apply to the copyright board, in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons, in a case to which clause (26) of sub-section (7) of section 52 does not apply and the copyright board shall dispose of such application as expeditiously as possible and endeavour shall be made to dispose of such application within a period of two months from the date of receipt of the application, 3st (2) the copyright board may, on receipt of an application under sub-section (j), inquire, or direct such inquiry as it considers necessary to establish the credentials of the applicant and satisfy itself that the application has been made in good faith ug (3) ifthe copyright board is satisfied, after giving to the owners of rights in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, that a compulsory licence needs to be issued to make the work available to the disabled, it may direct the registrar of copyrights to grant to the applicant such a licence to publish the work (4) every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be a exercised and, in the case of issue of copies, the number of copies that may be issued: provided that where the copyright board has issued such a compulsory licence it may, on a further application and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory licence and allow the issue of more copies as it may deem fit : (5) the copyright board may specify the number of copies that may be published without payment of royalty and may fix the rate of royalty for the remaining copies 31c (/) any person desirous of making a cover version, being a sound recording in respect of any literary, dramatic or musical work, where sound recordings of }0 that work have been made by or with the licence or consent of the owner of the right statutory licence for cover versions, in the work, may do so subject to the provisions of this section: provided that such sound recordings shall be in the same medium as the last recording, unless the medium of the last recording is no longer in current commercial use ic (2) the person making the sound recordings shalt give prior notice of his intention to make the sound recordings in the manner as may be prescribed, and provide in advance copies of all covers or labels with which the sound recordings are to be sold, and pay in advance, to the owner of rights in each work royalties in respect of all copies to be made by him, at the rate fixed by the copyright board in this behalf: provided that such sound recordings shall not be sold or issued in any form of packaging or with any cover or label which is likely to mislead or confuse the public zo as to their identity, and in particular shall not contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph fiim in which such sound recording was incorporated and, further, shall state on the cover that it is a cover version made under this section (3) the person making such sound recordings shall not make any alteration in 2-87 the literary or musical work which has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for the purpose 'of making the sound recordings: provided that such sound recordings shall not be made until the expiration of 30 five calendar years after the end of the year in which the first sound recordings of the work was made (4) one royalty in respect of such sound recordings shall be paid for a minimum of fifty thousand copies of each work during each calendar year in which copies of it are made: 257 provided that the copyright board may, by general order, fix a lower minimum in respect of works in a particular language or dialect having regard to the potential circulation of such works (5) the person making such sound recordings shall maintain such registers and books of account in respect thereof, including full details of existing stock as may be prescribed and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording: yo provided that if on a complaint brought before the copyright board to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this section, the copyright board is, prima uy ge facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty explanation—for the purposes of this section "cover version" means a sound recording made in accordance with this section 31d (1) any broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work atatutory licence for radio broadcasting and sound recording which has already been published may do so subject to the provisions of this section (2) the broadcasting organisation shall give prior notice, in such manner as may be prescribed, of its intention to broadcast the work stating the duration and | of | literary ||------------|-------------|| and | musical || works | and || sound | || recording | |territorial coverage of the broadcast, and shall pay to the owner of rights in each work royalties in the manner and at the rate fixed by the copyright board, (3) in fixing the manner and the rate of royalty under sub-section (2), the 10 copyright board may require the broadcasting organisation to pay an advance to the owners of rights (4) the names of the authors and the principal performers of the work shall, except in case of the broadcasting organisation communicating such work by way of performance, be announced with the broadcast i ? (5) no fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shall be made without the consent of the owners of rights, (6) the broadcasting organisation shall - (a) maintain such records and books of account, and render to the owners 20 of rights such reports and accounts; and (b) allow the owner of rights or his duly author! ised agent or representative to inspect all records and books of account relating to such broadcast, in such manner as may be prescribed (7) nothing in this section shall affect the operation of any licence issued or ue any agreement entered into before the commencement of the copyright (amendment) act, 2010', 18, in section 33 of the principal act,— amendment of section 33, () in sub-section (/),— (a) for the words, brackets and figures "the copyright (amendment) act, 30 1994", wherever they occur, the words, brackets and figures "the copyright (amendment) act, 2010" shall be substituted; (4) for the words "no person or association of persons", the words "no association of authors" shall be substituted; -_ (c) in the first proviso, for the words "owner of copyright", the words 3s - "author of work" shall be substituted; (d) in the second proviso, for the words "a performing rights society", the words "the copyrights societies" shall be substituted; (i) in sub-section (3), for the words "owner of rights", the words "author of works" shall be substituted, (iii) in sub-sections (4) and (5), for the words "owner of rights", the words "author of works" shall be substituted 19 after section 33 of the principal act, the following section shall be inserted, namely:— insertion of new section 33a "33a (/) every copyright society shall publish its tariff scheme in such tarif? scheme manner as may be prescribed by copyright societies (2) any person who is aggrieved by the tariff scheme may appeal to the copyright board and the board may, if satisfied after holding such inquiry as it may consider necessary, make such orders as may be required to remove any unreasonable element, anomaly or inconsistency therein: provided that the aggrieved person shall pay to the copyright society any fee_& as may be prescribed that has fallen due before making an appeal to the copyright boardand shall continue to pay such fee until the appeal is decided, and the board shall not issue any order staying the collection of such fee pending disposal of the appeal: ; provided further that the copyright board may after hearing the parties fix an 10 interim tariff'and direct the aggrieved parties to make the payment accordingly pending disposal of the appeal" © ; 20 in section 34 of the principal act, for the words "owner of rights", wherever they amendment of section 34, oceur, the words "author of works" shall be substituted 21 section 34a of the principal act shall be omitted is omission of section 34a amendment 22 in section 35 of the principal act and its marginal heading,— of section 35 (a) for the words "owners of rights", wherever they occur, the words "author of work" shall be substituted; ; (8) in sub-section (2), in clause (c), for the word "owners", the word "author" shall be substituted 20 23, in section 36a of the principal act,— (a) for the words "performing rights society", the words "copyright society" amendment of section 36a shall be substituted; (b) for the words, brackets and figures "the copyright (amendment) act, 38 of 1994 1994", the words, brackets and figures "the copyright (amendment) act, 2010" shall 247 be substituted amendment of section 37 24, in section 37 of the principal act, in sub-section (3), for clause (e), the following clause shall be substituted, namely:— "(e) sells or gives on commercial rental or offer for sale or for such rental, any such sound recording or visual recording referred to in clause (c) or clause (d), " - 20 25 in section 38 of the principal act, sub-sections (3) and (4) shall be omitted amendment of section 38 26 after section 38 of the principal act, the following sections shall be inserted, namely:— insertion of new sections 38a and 38b "38a, (/) without prejudice to the rights conferred on authors, the performer's right which is an exclusive right subject to the provisions of this act to do or authorise 3 (~ exclusive right of performers for doing any of the following acts in respect of the performance or any substantial part thereof, namely:— (a) to make a sound recording or a visual recording of the performance, including— ( reproduction of it in any material form including the storing of it lig in any medium by electronic or any other means, (i issuance of copies of it to the public not being copies already in circulation; (iii) communication of it fo the public; (i) selling or giving it on commercial rental or offer for sale or for use commercial rental any copy of the recording; (b) to broadcast or communicate the performance to the public except whére the performance is already broadcast (2) once a performer has, by written agreement, consented to the incorporation of his performance ina cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performer's right in the same film: provided that, notwithstanding anything contained in this sub-section, the performer shall be entitled for royalties in case of making of the performances for commercial use | moral | rights | of ||------------------|------------|-------|| the | performer, | || 19 | | || 38b | | || the | | || performer | | || of | | || a | | || p | | || erformance | | || shall, | | || independently | | || of | | || his | | || righe after | | || assignment, | | || either | | || wholly | | || or | | || partially | | || of | | || his | | || right, | | || have | | || the | | || right,— | | || (a) | | || to | | || claim | | || to | | || be | | || identified | | || as | | || the | | || performer | | || of | | || his | | || performance | | || except | | || where | | || omission | | || is | | || dictated | | || by | | || the | | || manner | | || of | | || the | | || use | | || of | | || the | | || performance; | | || and | | || (b) | | || to | | || restrain | | || or | | || claim | | || damages | | || in | | || respect | | || of | | || any | | || distortion, | | || mutilation | | || or | | || lo | | || other | | || modification | | || of | | || his | | || performance | | || that | | || would | | || be | | || prejudicial | | || to | | || his | | || reputation | | || explanation—for | | || the | | || purposes | | || of | | || this | | || clause, | | || it | | || is | | || hereby | | || clarified | | || that | | || mere | | || removal | | || of | | || any | | || portion | | || ofa | | || performance | | || for | | || the | | || purpose | | || of | | || editing, | | || or | | || to | | || fit | | || the | | || recording | | || within | | || a | | || limited | | || duration, | | || or | | || any | | || other | | || modification | | || required | | || for | | || purely | | || technical | | || reasons | | || shall | | || not | | || be | | || deemed | | || to | | || be | | || prejudicial | | || to | | || the | | || performer's | | || 20 | | || reputation | | || substitution | ofa | || new | section | for || section | 39a | |21 for section 39a of the principal act, the following section shall be substituted, namely:— : "39a, (/) sections 18,19, 30,30a, 33, 33a, 53, 55, 58, 63, 64, 65, 65a, 65b and 66 certain provisions 10 apply in case shall, with necessary adaptations and modifications, apply in relation to the broadcast w reproduction right in any broadcast and the performer's right in any performance as of broadcast reproduction they apply in relation to copyright in a work: right and performer's rights provided that where copyright or performer's right subsists in respect of any work or performance that has been broadcast, on licence to reproduce such broadcast, shall take without the consent of the owner of right or performer, as the case may be, 3 or both of them: provided further that the broadcast reproduction right or performer's right shall not subsist in any broadcast or performance if that broadcast or performance is an infringement of the copyright in any work (2) the broadcast reproduction right or the performer's right shall not affect the separate copyright in any work in respect of which, the broadcast or the performance, as the case may be, is made" amendment of section 40 28 in section 40 of the principal act, in the proviso, in clause (ii), after the words "the order relates", the words "but such a term of copyright shall not exceed the term of copyright provided under this act" shall be inserted : amendment of section 40a- uo 29 in section 40a of the principal act, in sub-section (2), in clause (), the following proviso shail be inserted, namely:— "provided that it does not exceed the period provided under this act;" amendment of section 45 30 in section 45 of the principal act, in sub-section (/), in the proviso, - _ (i) for the words "velation to any goods", the words "relation to any goods or uy ¢ services" shali be substituted; (id) for the words and figures "section 4 of the tradeand merchandise marks 43 of 1958 act, 1958" the words and figures "section 3 of the trade marks act, 1999" shall be 47 of 1999 substituted 31 in section 52 of the principal act, in sub-section (1),-— amendment of section 52 (a for clause (a), the following clause shall be substituted, namely:— "¢a) a fair dealing with any work, not being a computer programme, for the purposes of-— ss (i) private or personal use, including research; (ii) criticism or review, whether of that work or of any other work; (iii) the reporting of current events, including the reporting ofa lecture delivered in public explanation—the storing of any work in any electronic medium _ for the purposes mentioned in this clause, including the incidental storage jo of any computer programme which is not itself an infringing copy for the said purposes, shall not constitute infringement of copyright"; (ii) for clauses (4), (c), (d), (e), (1), (), (a), @ and (/) , the following shall be substituted, namely:-— : ~ "@b) the transient and incidental storage of a work or performance purely 1s in the technica! process of electronic transmission or communication to the public; (c) transient and incidental storage of a work or performance for the purpose of providing electronic links, access or integration, where such links, access or integration has not been expressly prohibited by the right hoider, 7-0 unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy: provided that if the person responsible for the storage of a copy, on a as been prevented, he may require such complaint from which any person h n days from the competent court for 2-—— person to produce an order within fourtee the continued prevention of such storage; (d) the reproduction of any work for the purpose of a judicial proceeding or for the purpose ofa report of a judicial proceeding; (e) the reproduction or publication of any work prepared by the secretariat of a legislature or, where the legislature consists of two houses, by the 70 secretariat of either house of the legislature, exclusively for the use of the members of that legislature;"; (f) the reproduction of any work in a certified copy made or supplied in accordance with any law for the time being in force; ation in public of reasonable extracts from a 287(g) the reading or recit published literacy or dramatic work; (a) the publication in a collection, mainly composed of non-copyright matter, bona fide intended for instructional use, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published u 0 for such use in which copyright subsists: provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years explanation —in the case of a work of joint authorship, references in this clause to passages from works shall include references to passages from ¢ works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person; (i) the reproduction of any work— (i) by a teacher or a pupil in the course of instruction; or (ii) as part of the questions to be answered in an examination, or (iii) in answers to such questions; (j) the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or ofa cinematograph film or a sound recording ifthe audience is fimited to such staff and students, the parents and guardians of the students t is and persons comected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording;"; (iid) for clause (n), the following clause shall be substituted, namely:— "(n) the storing of a work in any medium by electronic means by a noncommercial public library, for preservation if the library already possesses a 2-0 non-digital copy of the work;"; (iv) in clause (0), for, the words "public library", the words, "non-commercial public library" shal} be substituted; (v) after clause (v), the following clause shall be inserted, namely:— "() the making of a three-dimensional object from a two-dimensional es artistic work, such as a technical drawing, for the purposes of industrial application of any purely functional part of a useful device; (vi) in clause (y), for the words "dramatic or", the words "dramatic, artistic or" shall the substituted; : _ (il) after clause (za) and the explanation thereunder, the following clauses %0 shailbe inserted, namely:— ""(zb) the adaptation, reproduction, issue of copies or communication to the public ofany work in a format, including sign language, specially designed only for the use of persons suffering from a visual, aural or other disability that prevents their enjoyment of such works in their normal format; 4s (ze) the importation of copies of any literary or artistic work, such as " labels, company logos or promotional or explanatory material, that is purely incidental to other goods or products being imported lawfully" 32 section 52b of the principal act shall be omitted omission of section 52b 33, for section 53 of the principal act, the following section shall be substituted, substitution of new section for section 53 namely:— yo ¥ «53, (1) the owner of any right conferred by this act in respect of any work or = !mportauion any performance embodied in suich work, or his duly authorised agent, may give of infringing notice in writing to the commissioner of customs, or to any other officer authorised copies in this behalf by the central board of excise and customs,— y ? (a) that he is the owner of the said right, with proof thereof; and (b) that he requests the commissioner for a period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in india at a time and a place specified in the notice (2) the commissioner, after scrutiny of the evidence furnished by the owner of s the right and on being satisfied may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited goods that have been imported into india, excluding goods in transit: provided that the owner of the work deposits such amount as the commissioner may require as security having regard to the likely expenses on dernurrage, cost of storage and compensation to the importer in case it is found that the works are not infringing copies (3) when any goods treated as prohibited under sub-section (2) have been detained, the customs officer detaining them shalt inform the importer as well as the person who gave notice under sub-section (7) of the detention of such goods within | - forty-eight hours of their detention : bs (4) the customs officer shall release the goods, and they shall no longer be treated as prohibited goods, if the person who gave notice under sub-section q) does not produce any order from a court having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the date of their detention", ro 34, in section 55 of the principal act, in sub-section (2), for the portion beginning amendment of section 55 with the words "a name purporting to be" and ending with the words "as the case may be, appears", the following shall be substituted, namely:— "or, subject to the provisions of silb-section (3) of section 13, a cinematograph film or sound recording, a name purporting to be that of the author, or the publisher, 2 as the case may be, of that work, appears" 35, in section 57 of the principal act,— amendment of section 57 (/) in sub-section (/), in clause (8), the words "which is done before the expiration of the term of copyright" shall be omitted; (ii) in sub-section (2), the words "other than the right to claim authorship of the 30 work" shail be omitted, 36, after section 65 of the principal act, the following sections shall be inserted, namely:— insertion of new sections 65a and 65b protection of technological measures, "65a (2) any person who circumvents an effective technological measure _ applied for the purpose of protecting any of the rights conferred by this act, with the bs intention of infringing such rights, shall be punishable with imprisonment which may extend to:two years and shall also be liable to fine (2) nothing in sub-section (/) shall prevent any person from,— (a) doing anything referred to therein for a purpose not expressly prohibited by this act: uo provided that any person facilitating circumvention by another person of atechnological measure for such a purpose shall maintain a complete record of such other person including his name, address and all relevant particulars necessary to identify him and the purpose for which he has been facilitated; or(b) doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy; or (c) conducting any lawful investigation; or (d) doing anything necessary for the purpase of testing the security ofa £ computer system or a computer network with the authorisation of its owner; or (e) operator; or (f) doing anything necessary to circumvent technological measures intended for identification or surveillance of a user; or ca (g) taking measures necessary in the interest of national security }0 65b any person, who knowingly,— protection of rights management information ' () removes or alters any rights management information without authority, or (i) distributes, imports for distribution, broadcasts or communicates cr to the public, without authority, copies of any work, or performance ie knowing that electronic rights management information has been removed or altered without authority, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine: provided that if the rights management 'information has been tampered with in any work, the owner of copyright in such work may also avail of civil remedies provided under chapter xii against the persons indulging in such acts" amendment of section 66 amendment 37 in section 66 of the principal act, after the words "delivered up to the owner of the copyright," the words "or may make such order as it may deem fit regarding the disposal of such copies or plates" shall be inserted : ' of section 78 38 in section 78 of the principal act, in sub-section (2),— (/) after clause (c), the following clauses shall be inserted, namely:-— "(ca) the form and manner in which an 'organisation may apply to the copyright board for compulsory licence for disabled and the fee which may accompany such application under sub-section (/) of section 31b; (cb) the manner in which a person making sound recording may give prior notice of his intention to make sound recording under sub-section (2) of section 31c; (ec) the register and books of account and the details of existing stock which a person making sound recording may maintain under sub-section (5) of - section 31c; 4 £ ; (cd) the manner in which prior notice may be given by a broadcasting organisation under sub-section (2) of section 31d; (ce) the reports and accounts which may be maintained under clause (a), and the inspection of records and books of account which may be made under clause (2) of sub-section (6) of section 31d;"; (ii) after clause (cc), the following clauses shall be inserted, namely:- "(eca) the manner in which a copyright society may publish its tariff scheme under sub-section (/) of section 33a; (ceb) the fee which is to be paid before filing an appeal to the copyright board under sub-section (2) of section 33a;"5 us (iii) clause (db) shall be omitted statement of objects and reasonsthe copyright act, 1957 was enacted to amend and consolidate the law relating to copyrights in india to meet with the national and international requirements and to keep the law updated, the act has been amended five times since then, once each in the years 1983, 1984, 1992, 1994 and 1999 the 1994 amendment was a major one which harmonised the provisions of the act with the rome convention, 1961 by providing protection to the rights of performers, producers of phonograms and broadcasting organisations it also introduced the concept of registration of copyright societies for collective management of the rights in each category of copyrighted works the fast amendment in 1999 introduced a few minor changes to comply with the obligations under the trade related aspects of intellectual property rights (trips) 2 the act is now proposed to be amended with the object of making certain changes for clarity, to remove operational difficulties and also to address certain newer issues that have emerged in the context of digital technologies and the internet the two world intellectual property organisation (wipo) internet treaties, namely, wipo copyright treaty (wct), 1996 and wipo performances and phonograms treaty (wppt), 1996 have set the jnternational standards in these spheres the wct and the wppt were negotiated in 1996 to address the challenges posed to the protection of copyrights and related rights by digital technology, particularly with regard to the dissemination of protected material over digital networks such as the internet the member countries of the wipo agreed on the utility of having the internet treaties in the changed giobal technical scenario and adopted them by consensus in order to extend protection of copyright material in india over digital networks such as internet and other computer networks in respect of literary, dramatic, musical and artistic works, cinematograph films and sound recordings works of performers, it is proposed amend the act to harmonise with the provisions of the two wipo internet treaties, to the extent considered necessary and desirable the wct deals with the protection for the authors of literary and artistic works such as writings, computer programmes; original databases; musical works; audiovisual works; works of fine art and photographs the wppt protects certain srelated rights" which are the rights of the performers and producers of phonograms: however, india has not yet signed the abovementioned two treaties moreover, the main object to make amendments to the act is that it isconsidered that in the knowledge society in which we live today, it is imperative to encourage creativity for promotion of culture of enterprise and innovation so that creative people realise their potential and it is necessary to keep pace with the challenges for a fast growing knowledge and modern society 3, the amendments proposed in the bill, inter alia seeks to,— (i) make the provisions of the act in conformity with world intellectual property organisation's wipo copyright treaty (wct) and wipo performances and phonograms treaty (wppt) and to enstire protection to the copyright holders against circumvention of effective technological measures applied for purpose of protection of their rights and circumvention of rights management information and to provide for punishment for two years and fine for violation of such rights; gi) provide exclusive rights and moral rights to performers in conformity with the wipo performances and phonograms treaty (wppt); (iii) provide for definition of new terms, namely "commercial rental", "rights management information" and "visual recording" and to amend the existing definitions of the terms "author", "ginematograph films", "communication to the public", " infringing copy", "performer" and "work of joint authorship"; (iv) make provision for storing of copyrights material by electronic means in the context of digital technology and to provide for the liability of internet service providers; (v) enhance the term of copyright for photographers to "life plus sixty years" instead of only sixty years as at present; (vi) introduce copyright term of seventy years for principal director; (vii) extend the copyright term for the producer for another ten years that is from sixty years to seventy years if he enters into an agreement with the principal director; (viii) give independent rights to authors of literary and musical works in cinematograph films; (ix) clarify that the authors would have rights to receive royalties and the benefits enjoyed through the copyright societies; ~ (x) ensure that the authors of the works, in particular, author of the songs included in the cinematograph films or sound recordings, receive royalty for the commercial exploitation of such works; (xi) allow the physically challenged persons to access to copyright material in specialised formats; (xii) make provision for compulsory licensing for certain entities for publication of copyright works in other formats (xiii) introduce statutory licensing for version recordings ofall sound recordings to ensure that while making a sound recording of any literary, dramatic or musical work the interest of the copyright holder is duly protected; (xiv) introduce a system of statutory licensing to broadcasting organisations to access to literary and musical works and sound recordings without subjecting the owners of copyright works to any disadvantages; (xv) make provision for compulsory licence (through the copyright board) to publish or communicate to the public such work or translation where the author is dead or unknown or cannot be traced or the owner of the copyright work in such work cannot be found; (xvi) make provision for formulation arid administration of copyright societies by the authors instead of the owners, (xvii) make provision for formulation ofa tariff scheme by the copyright societies subject to scrutiny by the copyright board; (xvili) provide for continuous payment of royalties by aggrieved party pending the appeal before the copyright board and the copyright board may fix interim tariff pending appeal on the tariff scheme; and (xix) strengthen enforcement of rights by making provision of control of importing infringing copies by the customs department, disposal of infringing copies and presumption of authorship under civil remedies : 4 the notes on clauses explain in detail the various provisions of the bill 5, the bill seeks to achieve the above objects kapil sibal new delhi the 30th march, 2010 clause 1—this clause provides for the short title and commencement of the proposed legislation clause 2—this clause seeks to amend section 2 of the copyright act, 1957 (hereinafter referred to as 'the act') relating to interpretation clause (d) of section 2 of the act defines the word "author", sub-clause (v) of the said clause (d) provides that in relation to a cinematograph film or sound recording, the author of the works is the producer it is proposed to amend the aforesaid sub-clause so as to provide that both the producer and the principal director are authors of a cinematograph film subclause (vi) provides that in case of any literary, dramatic, musical or artistic work, which is computer-generated, the author is the person who causes the work to be created it is proposed to renumber the aforesaid sub-clause as sub-clause (vii) and to insert a new subclause (vi) providing that in relation to a sound recording, the producer shall be the author clause (1 of the aforesaid section 2 defines "cinematograph film" to mean any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films it is proposed to amend the aforesaid clause (f) by omitting the words "on any medium produced through a process from which a moving image may be produced by any means" the proposed new clause (fa) seeks to provide that the expression "commercial rental" does not include rental, lease or lending of a lawfully acquired cupy ofa computer programme, sound recording, visual recording or cinematograph film for non-profit purposes by a nonprofit library or non-profit educational institution clause (ff) of section 2 defines the term "communication to the public" which means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing copies of such work regardless of whether any member of the public actually sees, hears or otherwise enjoys the de available it is proposed to amend the aforesaid clause in order to extend the work so mai laces and times chosen individually communication to the public simultaneously or at p clause (in) of section 2 defines the expression "infringing copy" as a reproduction of a literary, dramatic, musical or artistic work or a copy ofa cinematograph film made on any medium by any means or any other recording embodying the same sound recording, made by any means or the sound recording or a cinematographic film of broadcasting of a programme or performance if reproduction of sound recording is made or imported in contravention of the provisions of the act it is proposed to insert a proviso to the aforesaid clause so as to provide that a copy of a work published in any country outside india with the permission of the author of the work and imported from that country into india shall not be deemed to be an infringing copy clause (qq) of section 2 defines the word "performer" which includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance it is proposed to insert a proviso to the aforesaid clause so as to provide that ina cinematograph film a person whose performance is casual or incidental in nature and, in the normal course of industry practice, is not acknowledged anywhere including in the credits of the film, shall not be treated as a performer except for the purpose of clause (b) of section 38b it is proposed to insert a new clause (xa) in sectio: 12 in order to define the term "rights management information", which means the title or other information identifying the work or performance, the name of the author or performer, the name and address of the owner of rights, terms and conditions regarding the use of the rights and the number or code that represents the above information but does not include any device or procedure intended to identify the user it is atso proposed to insert a new clause (xxa) in order to-define the expression "visual recording", which means the recording in any medium, by any method including the storing of it by electronic means, of moving images or of the representations thereof, from which they can be perceived, reproduced or communicated by any method clause (z) defines the term "work of joint authorship" which means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors it is proposed to insert an explanation to the aforesaid clause clarifying that for the purpose of the said clause cinematograph film is also to be treated as a work of joint authorship except in cases where the producer and the principal director would be the same person, clause 3—this clause seeks to amend section 14 of the act relating to the meaning of copyright sub-clause (i) of clause (c) of the said section relates to the exclusive right of the author in case of an artistic work to reproduce the work in any material form including depiction in three-dimensions of a two-dimensional! work or in two-dimensions of a threedimensional work it is proposed to substitute the aforesaid sub-clause (i) 0 to provide that the exclusive right of the author to reproduce the work in any material form including the storing of it in any medium by electronic or other means or depiction in three-dimensions of a two-dimensional work or depiction in two-dimensions ofa three-dimensional work clause (d) of section 14 relates to the exclusive right to do or authorise to do in case ofa cinematograph film to make a copy of the cinematograph film, including a photograph of any image forming part thereof, to sell or give on hire, or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire onearlier occasions and to communicate the film to the public it is proposed to amend the aforesaid clause to extend the exclusive right of the author including the storing of it in any medium by electronic or other means and to sell or give on commercial rental or offer for sale or for such rental, any copy of the film , clause (e) of section 14 relates to the exclusive right of the author in case ofa sound recording sub-clause (i) relates to making any other sound recording embodying it it is proposed to amend the aforesaid sub-clause for extending the exclusive right of the author including the storing of it in any medium by electronic or other means sub-clause (ii) is proposed to be substituted by a new sub-clause providing that selling or giving on commercial rental or offer for sale or for such rental, any copy of the sound recording shall also come within the purview of exclusive right clause 4—this clause seeks to amend section 15 of the act relating to special provision regarding copyright in designs registered or capable of being registered under the designs act, 1911 so as to make change in the references to the repealed designs act, iil to that of the designs act, 2000 clause 5-—this clause seeks to amend section 17 of the act relating to first owner of copyright it is proposed to insert new sub-clauses (f) and (g) sub-clause (f) provides that in the case ofa cinematograph film produced on or after the commencement of the copyright (amendment) act, 2010, the producer and principal director shall be treated jointly as the first owner of copyright sub-clause (g) provides that in case of a cinematograph film produced before the commencement of the copyright (amendment) act, 2010, the principal director shall enjoy the copyright for a period often years after the expiry of the duration of copyright in the cinematograph film subject to the principal director entering into a written agreement with the owner of the copyright in the film during the subsistence of copyright it also provides that such an agreement is not needed in case where the owner and principal director of the film would be the same person further, it provides that in case of any work incorporated in a cinematograph film, nothing contained in clauses (b) and (c) shall affect the right of the author in the work referred to in clause (a) of sub-section (1) of section 13 clause 6—this clause seeks to amend section 18 of the act relating to assignment of copyright sub-section (1) of the aforesaid section provides that the owner of the copyright in an existing work or the prospective owner of the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole term of the copyright or any part thereof however, in the case of the assignment in any future work, the assignment shall take effect only when the work comes into existence it is proposed to insert a second proviso to sub-section (1) to provide that no such assignment shall be applied to any medium or mode of exploitation of the work which did hot exist or was not in commercial use at the time when the assignment was made, unless the assignment specifically referred to such medium or mode it is also proposed to insert another proviso to provide that the author of the literary or musical work included in a cinematograph film or sound recording shall not assign the right to receive royalties from the utilisation of such work in any other form other than as part of cinematograph film or sound recording except to the legal heirs or to a copyright society for collection and distribution and any agreement to the contrary shall be void clause 7—this clause seeks to amend section 19 of the act relating to mode of assignment : the aforesaid section provides that no assignment of copyright in any work is valid unless it is in writing signed by the assignor or his duly authorised agent the assignment of copyright in the work shail also specify the rights assigned and the duration and territorial extent of such assignment and it shall also specify the royalty, if any, payable to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties if the assignee fails to exercise the rights assigned to him within a period of one year from the date of assignment the same shall expire unless otherwise specified in the assignment if the period or the territorial extent of assignment is not stated the specified period shall be deemed to be five years from the date of assignment and the territorial extent shall be within india, as the case may be it is proposed to amend sub-section (3) so as to provide that the assignment shall specify the other considerations besides the royalty, if any, payable it is proposed to insert a new sub-section (8) to section 19 to provide that any assignment of copyright in any work contrary to that of the terms and conditions of the rights already assigned to a copyright society in which the author of the work is a member, shall be deemed to be void it is also proposed to insert a new sub-section (9) to section 19 providing that no assignment of copyright in any work to make a cinematograph film or sourid recording shall affect the right of the author of the work to claim royalties in case of utilisation of the work in any form other than as part of cinematograph film or sound recording clause 8—this clause seeks to amend section j9a of the act relating to disputes with respect to assignment of copyright the aforesaid section, infer alia, provides that, on receipt of a complaint from the aggrieved party the copyright board may hold inquiry and pass orders as it may deem fit including an order for the recovery of any royalty payable it is proposed to insert a new proviso as second proviso to the aforesaid section to provide that pending disposal of an application for revocation of assignment the copyright board may pass any order as it deems fit regarding implementation of the terms and conditions of assignment, including any consideration to be paid for the enjoyment of the rights assigned clause 9—this clause seeks to amend section 2! of the act relating to right of author to relinquish copyright sub-section (1) of the aforesaid section, inter alia, provides that the author ofa work may relinquish all or any of the rights comprised in the copyright in the work by giving notice in the prescribed form to the registrar of copyrights it is proposed to amend the said sub-section so as to enable the relinquishment of rights either by a notice to the registrar of copyrights or by way of public notice it is also proposed to amend the said section by inserting a new sub-section (2a) providing that the registrar of copyrights shall, within fourteen days from the publication of the notice in the official gazette, post the notice on the official website of the copyright office so as to remain in the public domain for a period of not less than three years clause 10—this clause seeks to amend section 22 of the act relating to term of copyright in published literary, dramatic, musical and artistic works (other than a photograph) published within the life-time of the author until sixty years from the beginning of the calendar year next following the year in which the author dies, it is proposed to amend the aforesaid section so as to bring photographs also within the ambit of that section clause \1-~-this clause seeks to omit section 25 of the act relating to term of copyright in photographs this in consequential to the amendment proposed vide clause 10 of the bill clause 12—this clause seeks to amend section 26-of the act relating to term of copyright in cinematograph films the said section lays down that in case of a cinematograph film copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the film is published it is proposed to amend the aforesaid section by inserting a proviso thereto providing that in case of a principal director the copyright shall subsist until seventy years from the beginning of the calendar year next following the year in which the film is published clause 13—this clause seeks to amend section 30 of the act relating to licences by owners of copyright the said section provides that the owner of the copyright in any existing work or the prospective owner of the copyright in any future work may grant any interest in the right by licence in writing signed by him or by his duly authorised agent, it is proposed to amend the aforesaid section so as to do away with the requirement of signing by the owner of the copyright in such cases clause 14—this clause seeks to amend section 30a relating to application of sections 19 and 19a of the act, this section provides that sections 19 and 19a of the act shall apply in relation to a licence under section 30 as they apply in relation to assignment of copyright ina work it is proposed to amend the aforesaid section 30a so as to exclude the applicability of section 19a relating to disputes with respect to assignment of copyright clause 15—this clause seeks to amend section 31 of the act which deals with compulsory licensing in works withheld from public this section provides that ifthe owner of copyright in any indian work has refused to republish or allow the republication or has refused the performance in public of the work, and the work is withheld from the public or has refused to allow communication to the public by broadcast of the work recorded in sound recording, the copyright board may on basis of the complainant and after giving to the owner of the copyright in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, direct the registrar of copyrights to grant to the complainant a licence itis proposed to amend the aforesaid section by amplifying the applicability of the section from "indian work" to "any work" the "explanation" relating to the definition of "indian work" is also proposed to be omitted it is further proposed to substitute the word "complainant" with the words "such person or persons who, in the opinion of the copyright board, is or are qualified to do so" it also proposed to omit subsection (2) so as to enable the copyright board to grant compulsory licence to more than one person clause 16—this clause seeks to amend section 3 la of the act relating to compulsory licence in unpublished indian works it is proposed to amend the aforesaid section so as to allow compulsory licencing to publish or communicate to the public such work ora translation thereof in any language for all works whether they are unpublished works or published works or communication to the public and the work is withheld from the public in india where the author is dead or unknown or cannot be traced or the owner is not found clause \'1——this clause seeks to insert new sections 31b, 31c and 31d in the act the proposed new section 31b seeks to syvovide for compulsory licence for the disabled it provides that an organisation, registered under section 12a of the income-tax act, 1961 (43 of 1961) and working primarily for the benefit of persons with disability, and recognised under chapter x of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 (1 of 1996) may apply to the copyright board, in the prescribed form, for compulsory licence to publish any work in which copyright subsists for the benefit of such persons, in a case to which clause (zb) of sub-section (1) of section 52 does not apply and the copyright board shall, after inquiry to establish credentials of the applicant and after giving to the owners of rights in the work a reasonable opportunity of being heard dipose of such application within two months from the receipt of the application and direct the registrar of copyrighits to grant to the applicant such a licence to publish the work that a compulsory licence needs to be issued to make the work available to the disabled every compulsory licence issued under this section shall specify the means and format of publication, the period during which the compulsory licence may be exercised and the number of copies that may be issued the board may on a further application and after giving reasonable opportunity to the owners of rights, extend the period of such compulsory licence and allow the issue of more copies as it may deem fit the copyright board may specify the number of copies that may be published without payment of royalty and may fix the rate of royalty for the remaining copies the proposed new section 31c seeks to provide statutory licence to any person desiring to niake a cover version of a sound recording in respect of any literary, dramatic or musical work, where sound recordings of that work have been made by or with the licence, or consent of the owner of the right in the work in the same medium as the last recording, unless the medium of the last recording is no longer in current commercial use the person making the sound recordings shall, in the prescribed manner, give prior notice of his intention to make the sound recordings, provide in advance copies of all covers cr labels with which the sound recordings are to be sold, and pay in advance, to the owner oj tights in each work _ royalties in respect of all copies to be made by him, at the rate fixed by the copyright board in this behalf, they shall not be sold or issued in any form of packaging or with any cover or tabel which is likely to mislead or confuse the public as to their identity, and in particular shall not contain the name or depict in any way any performer of an earlier sound recording of the same work or any cinematograph film in which such sound recording was incorporated and, further, shall state on the cover that it is a cover version made under section 31c of the act the person making such sound recordings shall not make any alteration in the literary or musical work which has not been made previously by or with the consent of the owner of rights, or which is not technically necessary for the purpose of making the sound recording until the expiration of five calendar years after the end of the year in which the first sound recording of the work was made and shall pay royalty for a minimum of 50,000 copies ofeach - work during each calendar year in which copies of it are made, the copyright board may by general order fix a lower minimum in respect of works in a particular language or dialect having regard to the potential circulation of such works the person making such sound recordings shall maintain such registers and books of account in respect thereof, including' full details of existing stock, as may be prescribed by rules and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recordings if, on a complaint brought before the copyright board to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this clause, the copyright board is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such, inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty the proposed new section 31d seeks to deal with statutory licence for broadcasting of literary and musical works and sound recordings it provides that any broadcasting organisation desiring to communicate to the public by way of a broadcast or by way of performance of a literary or musical work, including sound recording which has already: been published may do so the broadcasting organisation shall give prior notice, in such manner as may be laid down by rules, by stating the duration and territorial coverage of the broadcast, and shall pay an advance to the owner of rights in each work royalties in the manner and at the rate fixed by the copyright board the names of the authors and the principal performers of the work shall be announced with the broadcast no fresh alteration to any literary or musical work, which is not technically necessary for the purpose of broadcasting, other than shortening the work for convenience of broadcast, shail be made without the consent of the owners of rights the broadcasting organisation shal! maintain such records and books of account, and render to the owners of rights such reports and accounts, as may be prescribed by rules and shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast however, the provision of the section shall not affect the operation of any licence issued or any agreement entered into before the coming into force of the copyright (amendment) act, 2010 clause 18—this clause seeks to amend section 33 of the act relating to registration 'of copyright society by providing that registration of copyright society shall only be done by authors and they would re-register in accordance with the provisions of this section within a period of one year from the date of commencement of the copyright (amendment) act, 2010, clause 19—it is proposed to insert a new section 33a in the act which deals with tariff scheme by copyright societies this section seeks to provide that every copyright society shall publish its tariff scheme in such manner as may be laid down by rules any aggrieved person may appeal against the tariff scheme to the copyright board which may, after holding enquiry make orders to remove any unreasonable element, anomaly or inconsistency therein, the aggrieved person shall continue to pay such fee that had fallen due before making the appeal until the appeal is decided, and the board shall not stay the collection of such fee pending disposal of the appeal however, the board may, after hearing the parties, fix interim tariff to be paid by the aggrieved party clause 20—this clause seeks to amend section 34 of the act which deals with administration of rights of owner by copyright society it provides that any owner of rights may authorise exclusively a copyright society to administer any right in any work by issue of licences or collection of licence fees or both and he shall have the right to withdraw such authorisation without prejudice to thi rights of the copyright society under any contract clause (iii) of sub-section (3) of the said section provides that a copyright society may distribute the fees among owner of rights after making deductions for its own expensestt is proposed to amend the aforesaid section by providing that administration of a copyright society shall be by the author of works and not by the owner of rights clause 21—this claus seeks to omit section 34a of the act relating to payment of remuneration by copyright society clause 22—this clause seeks to amend section 35 of the act relating to control over the copyright society by owner of works it is proposed to amend the said section so as to enable the administration of a copyright society only by author of works clause 23—this clause seeks to amend section 36a of the act relating to rights and liabilities of performing rights societies the said section provides that the provisions of chapter vii relating to copyright societies shall not affect the rights and liabilities of performing rights societies which had accrued or were incurred on or before the day prior to the commencement of the copyright (amendment) act, 1994, or any legal proceedings in respect of any such rights or liabilities pending on that day it is proposed to amend the said section so as to provide that the provisions of chapter vii shall not affect the rights and liabilities of copyright societies which had accrued or were incurred on or before the day prior to the commencement of the copyright (amendment) act, 2010 clause 24,—this clause seeks to amend section 37 of the act relating to broadcast reproduction right clause (e) of sub-section (3) of the aforesaid section provides that any person who during the continuance of broadcast reproduction right without licence from the owner of rights sells or hires to the public or offers for such sale or hire, any such sound recording or visual recording shall be deemed to have infringed the broadcast reproduction 'right it is proposed to substitute the aforesaid sub-clause (e) by providing that if any person sells or gives on commercial rental or offer for sale or for such rental, any sound recording or visual recording without licence he shall be deemed to have infringed the broadcast reproduction right clause 25—this clause seeks to omit sub-sections (3) and (4) of section 38 of the act relating to performer's right as a consequential to the insertion of a new section 38a in the act vide clause 26 of the bill, clause 26-—this clause seeks to insert new sections 38a and 38b in the act the proposed new section 38a seeks to deal with exclusive rights of performer's subsection (1) of the proposed section 38a provides that the performer's right as the exclusive right to do or authorise the doing of any of the acts in respect of the performance or any substantial part thereof, without prejudice to the rights conferred on authors, namely, to make a sound recording or a visual recording of the performance or to do certain acts in respect of such recording, to reproduce it in any material form including the storing of it in any medium by electronic or any other means, to issue copies of it to the public not being copies already in circulation, to communicate it to the public, to sell or give on commercial rental or offer for sale or for commercial rental any copy of the recording and to broadcast or communicate the performance to the public except where the performance is already a broadcast performance sub-section (2) of the proposed section 38a provides that once a performer has, by written agreement, consented to the incorporation of his performance in a cinematograph film he shall not, in the absence of any contract to the contrary, object to the enjoyment by the producer of the film of the performer's right in the same film and notwithstanding anything mentioned above, the performer shall be entitled: to royalties in case of making of the performances for commercial use the proposed new section 38b seeks to deal with moral rights exclusive right of performers, the performer of a performance shall independently of his right after the assignment, either wholly or partially of his right, have the right to claim to be identified as the performer of his performance except where omission is dictated by the manner of the use of the performance, and to restrain or claim damages in respect of any distortion, mutilation or other modification of his performance that would be prejudicial to his reputation further, it is clarified that the mere removal of any portion of a performance for the purpose of editing, or to fit the recording within a limited duration, or any other modification required for purely technical reasons shall not be deemed to be prejudicial to the performer's reputation clause 27—this clause seeks to substitute a new section for section 39a in the act providing that certain provisions of the act would apply in case of broadcast reproduction right and performer's rights, sub-section (1) of the proposed section 39a seeks to provide that sections 18, 19, 30, 30a, 33, 33a, 53, 55, 58, 63, 64, 65 65a, 65b and 66 of the act will apply in relation to the broadcast reproduction right in any broadcast and the performers' right in any performance as they apply in relation to copyright in a work, however, the broadcast reproduction right or performer's right shall not subsist in any broadcast or performance if that broadcast or performance is an infringement of the copyright in any work sub-section (2) seeks to provide that the broadcast reproduction right or the performer's right shall not affect the separate copyright in any work in respect of which, the broadcast or the performance, or as the case may be, is made clause 28—this clause seeks to amend section 40 of the act which deals with power to extend copyright to foreign works section 40 empowers the central government to apply, by order published in the official gazetté, the provisions of the act to certain works first published in any territory outside india, unpublished works, etc, subject to certain conditions clause (iii) of the proviso to the aforesaid section provides that such order may provide that the term of copyright in india shall not exceed that conferred by the law of the country to which the order relates, it is proposed to amend the said clause (iii) so as to stipulate therein that the term of copyright of a work in respect of which the order relates shail in no case exceed the term of copyright available under the copyright act, 1957 clause 29—this clause seeks to amend section 40a relating to power of central government to apply chapter viii to broadcasting organisations and performers in certain other countries clause (ii) of sub-section (2) of the aforesaid section provides that the term of the rights of broadcasting organisation and performers in india shall not exceed such term as is conferred by the law of the country to which the order under sub-section (1) relates, it is proposed to amend the said clause (ii) by providing that the term of the rights of broadcasting organisations and performers covered under the said section 40a does not in any case exceed the period provided under the act clause 30—this clause seeks to amend section 45 of the act relating to entries in the register of copyrights it is proposed to amend the aforesaid section so as to make it in conformity with the provisions of the trade marks act, 1999 instead of those of the trade and merchandise marks act, 1958 as the latter act has been repéaled and re-enacted by the former act clause 31—this clause seeks to amend section 52 of the act relating to certain acts not to be infringement of copyright sub-clause (i) seeks to sitbstitute clause (a) of sub-section (1) of the aforesaid section the proposed new clause (a) seeks to provide that a fair dealing with any work, not being a computer programme for the purposes of private and personal use, including research; criticism or review, whether of that work or of any other work, and the reporting of current events, including the reporting of a lecture delivered in public shall not constitute an infringement of copyright : it is also proposed to insert an explanation to clause (a) so as to clarify that storing of any work in any electronic medium for the aforesaid purposes, including the incidental storage of any computer programme which is not itself an infringing copy for the said purposes, shall not constitute infringement of copyright sub-clause (ii) seeks to substitute clause (b), (c), (d), ce), (, (), (h), (i) and gj) of subsection (1) of the aforesaid section 52 with new provisions the new clause (b) of section 52 seeks to provide that the transient and incidental storage of a work or performance purely in the technical process of electronic transmission or communication to the public shall not constitute an infringement of copyright similarly, clause (c) seeks to provide that transient and incidental storage ofa work or performance for the purpose of providing electronic links, access or integration, where sucllinks, access or integration has not been expressly prohibited' by the right holder, unless the person responsible is aware or has reasonable grounds for believing that such storage is of an infringing copy also shall not constitute an infringement of copyright it also provides that if the person responsible has prevented the storage of a copy, on a complaint from any person, he may require such person to produce an order within fourteen days from the competent court for the continued prevention of such storage clause (d ) seeks to provide that the reproduction of any work for the purpose of a judicial proceeding or for the purpose ofa report ofa judicial proceeding shall not constitute an infringement of copyright clause (e) seeks to provide that the reproduction or publication of any work prepared by the secretariat of a legislature or, where the legislature consists of two houses, by the secretariat of either house of the legislature, exclusively for the use of the members of that legislature shall not constitute an infringement of copyright clause (ff ) seeks to provide that the reproduction of any work in a certified copy made or supplied in accordance with any law for the time being in force shall not constitute an infrigement of copyright clause (g) seeks to provide that reading or recitation in public of any reasonable extract from a published literary or dramatic work shall not constitute an infringement of copyright, clause (h) seeks to provide that the publication in a collection, mainly composed of non-copyright matter, bona fide intended for instructional use, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for such use in which copyright subsists shall not constitute an infringement of copyright it is also provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years the explanation clarifies that in the case of a work of joint authorship, references in this clause to passages from works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person clause (i) seeks to provide that the reproduction of any work by a teacher or a pupil in the course of instruction or as part of the questions to be answered in an examination; or in answers to such questions shall not constitute an infringement of copyright clause (j) seeks to provide that the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a sound recording if the audience is limited to such staff and students, the parents and guardians of the students' and persons connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording shall not constitute an infringement of copyright clause (m) of sub-section (1) of section 52 is proposed to be omitted clause (n) of sub-section (1) of section 52 is substituted by a new clause which seeks to provide that the storing ofa work in any medium by electronic means by a non-commercial public library for preservation ifthe library already possesses a non-digital copy of the work shall not constitute an infringement of copyright clause (0) of sub-section (1) of section 52 is proposed to be amended to extend its applicability to non-commercial public libraries as well clause (v) seeks to insert a new clause (ya) in sub-section (1) so as to seek to provide that the making ofa three-dimensional object from a two dimensional artistic work, such as atechnical drawing, for the purposes of industrial application of any purely functional part of a useful device shall not constitute an infringement of copyright clause (vi) seeks to substitute the words "dramatic, artistic or" for "dramatic or" clause (vii) seeks to insert new clauses (zb) and (zc) clause (zb) seeks to provide that the adaptation, reproduction, issue of copies or communication to the public of any work in a format, including sign language, specially designed only for the use of persons suffering from a visual, aural or other disability that prevents their enjoyment of such works in their normal format shall not constitute an infringement of copyright : clause (zc) seeks to provide that the importation of copies of any literary or artistic work, such as labels, company logos or promotional or explanatory material, that is purely: incidental to other goods or products being imported lawfully shall not constitute an infringement of copyright clause 32—this clause proposes to omit section 52b of the act relating to accounts and audit of copyright societies clause 33—this clause seeks to substitute section 53 of the act relating to importation of infringing copiessub-section (/) of the proposed section 53 seeks to provide that the owner of any right conferred by the act in respect of any work or of any performance embodied in such work, or his duly authorised agent, may give notice in writing to the commissioner of customs, or to any other officer authorised in this behalf by the central board of excise and customs that he is the owner of the said right, with proof thereof, and that he requests the commissioner fora period specified in the notice, which shall not exceed one year, to treat infringing copies of the work as prohibited goods, and that infringing copies of the work are expected to arrive in india ata time and a place specified in the notice sub-section (2) seeks to provide that the commissioner on being satisfied, after scrutiny of the evidence furnished by the owner of the right, may, subject to the provisions of sub-section (3), treat infringing copies of the work as prohibited goods that have been imported into india, excluding goods in transit it is also provided that the owner of the work deposits such amount as the commissioner may require as security having regard to the likely expenses on demurrage, cost of storage and compensation to the importer in case it is found that the works are not infringing copies sub-section (3) seeks to provide that when any goods treated as prohibited under sub-section (2) have been detained, the customs officer detaining them shall inform the importer as well as the person who gave notice under sub-section (/) of the detention of such goods within forty-eight hours of their detention sub-section (4) seeks to provide that the customs officer shall release the goods, and they shalf no longer be treated as prohibited goods, if the person who gave notice under sub-section (/) does not produce any order from a court having jurisdiction as to the temporary or permanent disposal of such goods within fourteen days from the date of their detention clause 34——this clause seeks to amend section 55 of the act relating fo civil remedies for infringement of copyright this clause seeks to extend the presumption of authorship in case of civil remedies for infringement of copyright as is applicable to literary, dramatic, musical or artistic works to subject to the provisions of sub-section (3) of section 13, a cinematograph film or a sound recording as well : clause 35—this clause seeks to amend section 57 of the act relating to author's special rights in clause (b) of sub-section (/) of the aforesaid section it is proposed to omit thewords "which is done before the expiration of the term of copyright" so as to extend moral rights even after expiry of term of copyright, sub-section (2) of the aforesaid section is proposed to be amended by omitting the words "other than the right to claim authorship of the work" clause 36—thiis clause seeks to insert two new sections 65a and 658 in the act the proposed new section 65a deals with protection of technological measures subsection (j) of the said section seeks to provide that any person who circumvents an effective technological measure applied for the purpose of protecting any of the rights conferred, by the act, with the intention of infringing such rights, shall be punishable with imprisonment which may extend to two years and shail also be: liable to fine sub-section (2) seeks to provide that nothing in sub-section (/) shall prevent any person from doing anything referred to therein for a purpose not expressly prohibited by the act it also seeks to provide that any person facilitating circumvention by another person of a technological measure for such a purpose shall maintain a complete record of such other person including his name, address and all relevant particulars necessary to identify him and the purpose for which he has been facilitated or doing anything necessary to conduct encryption research using a lawfully obtained encrypted copy or conducting any lawful investigation or doing anything necessary for the purpose of testing the security of a computer system or a computer network with the authorisation of its owner or operator or doing anything necessary to circumvent technological measures intended for identification or surveillance of a user or taking measures necessary in the interest of national security the proposed section 65b in the act deals with protection of rights management 'information the proposed section seeks to provide that any person, who knowingly removes or alters any rights management information without authority, or distributes, imports for distribution, broadcasts or communicates to the public, without authority, copies of any work, or performance knowing that electronic rights management information has been removed or altered without authority, shall be punishable with imprisonment which may extend to two years and shall also be liable to fine it also provides that if the rights management information has been tampered with in any work, the owner of copyright in such work may also avail of civil remedies provided under chapter xii of the act against the persons indulging in such acts described above clause 37—this clause seeks to amend section 66 of the act relating to disposal of infringing copies or plates for purpose of making infringing copies the said section, inter alia, provides that the court trying any offence under the act may order that all the copies of the work or places of infringing copies to be delivered to the owner of the copyright it is proposed to amend the said section so as to empower the court to make stich other order as it may deem fit regarding the disposal of such infringing copies or plates clause 38—this clause seeks to amend section 78 of the act relating to power of the central government to make rules it is proposed to amend sub-section (2) of the said section specifying the various matters referred to in sub-section (/) of section 31b, sub-sections (2) and (5) of section 31c, sub-sections (2) and (6) of section 31d, and sub-sections (/) and (2) of section 33a in respect of which rules may be made it is also proposed to omit clause (db) of sub-section (2) as a consequential to the omission of section 52b vide clause 32 of the bill memorandum regarding delegated legislationclause 17 of the bill seeks to insert new sections 31b, 31c, 31d in the copyright act, 1957 the proposed new section 31b deals with compulsory licence for disabled subsection (7) of the said section 31b, infer alia, provides that an organisation registered under section 12a of the income-tax act, 1961-and working primarily for the benefit of persons with disability, and recognised under chapter x of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, may apply to the copyright board, in such form and manner and accompanied by such fee as may be prescribed, for a compulsory licence to publish any work in which copyright subsists for the benefit of such persons the said sub-section empowers the central government to make rules laying down the form and the manner in which an organisation may apply to the copyright board under that sub-section for compulsory licence for disabled and the fee which may accompany such application, : 2-the proposed new section 31c of the act deals with statutory licence for cover versions sub-section (2), inter alia, provides that the person making the sound recordings shall give prior notice of his intention to make the sound recordings in the manner as may be prescribed by the central government by rules sub-section (5) of the said section empowers the central government to make rules specifying the register and books of account and the details of existing stock which a person making sound recording may maintairi under that sub-section 3 the proposed new section 31d of the act deals with statutory licence for radio broadcasting of literary or musical work and sound recording under sub-section (2) of the said section, the central government is empowered to prescribe the form of notice which every broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work and sound recording already published under sub-section (6) of the said section, every broadcasting organisation desirous of communicating to the public by way of a broadcast or by way of performance of a literary or musical work or sound recording already published shall maintain such records and books of account, and render to the owners of rights such reports and accounts, allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such broadcast, in such manner as may be prescribed 4 clause 19 of the bill seeks to insert new section 33a relating to tariff scheme by copyright societies, sub-section (/) of the said section provides that every copyright society shall publish its tariff scheme in such manner as may be prescribed accordingly, the central government may make rules laying down the manner in which a copyright society may publish its tariff scheme sub-section (2)of the said section provides that any person who is aggrieved by the tariff scheme of a copyright society may appeal to the copyright board the proviso to the said sub-section, infer alia, empowers the central government to prescribe the fee which is required to be paid by the aggrieved person to the copyright society that had fallen due before making the appeal 5, clause 38 of the bill seeks to amend section 78 of the act relating to power of the central government to make rules sub-section (/) of the aforesaid section lays down that the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act, sub-section (2) enumerates the matters in respect of which such rules may be made it is proposed to amend sub-section (2) so as to specify the matters referred to in clauses 31b, 31c, 31d and 33a in respect of which rules may be made by the central government it is also proposed to omit clause (db) of sub-section (2) of section 78 as it has become redundant consequent upon omission of section 52b vide clause 32 of the bill sub-section (3) of section 78 provides that every rules made under that section shall be laid before both houses of parliament 6 the matters in respect of whichrules may be made under the afore-mentioned provisions are matters of procedure or administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character(14 of 1957) interpretation 2 in this act, unless the context otherwise requires,— ® (d) "author" means,— (v) in relation to a cinematograph film or sound recording, the producer; and (vi) in relation to any literary, dramatic, musical or artistic work which is computer-generated the person who causes the work to be created; ¥ (f "cinematograph film" means any work of visual recording on any medium produced through a process from which a moving image may be produced by any means and includes a sound recording accompanying such visual recording' and "cinematograph" shall be construed as including any work produced by any process analogous to cinematography including video films; : (ff) communication to the public means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing copies of such work regardless of whether any member of the public actually sees, hears or otherwise enjoys the work so made available explanation—for the purposes of this clause, communication through satellite - or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public; (m) "infringing copy" means,— (i in relation to a literary, dramatic, musical or artistic work, a reproduction thereof otherwise than in the form of a cinematographic film; ¥ (qq) "performer" includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance; % (2 "work of joint authorship" means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors; ¥ meaning of copyright_14, for the purposes of this act, "copyright" means the exclusive right subject to the provisions of this act, fo do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:— (c) in the case of an artistic work,— (i) to reproduce the work in any material form including depiction in three dimensions ofa two dimensional work or in two dimensions of'a three dimensional work; x (d) in the case of a cinematograph film,— (ito make a copy of the film including a photograph ofany image forming part therof; (ii) to sell or give on hire or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions; pn (e) in the case of a sound recording, - (i to make any other sound recording embodying it; (ii) to sell or give on hire, or offer for sate or hire, any copy of the sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions; explanation—for the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation 20f 1911 15 (/) copyright shall not subsist under this act in any design which is registered under the designs act, 1911 (2) copyright in any design, which is capable of being registered under the designs 2 of 1911 act, 1911 but which has not-been so registered, shall cease as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the owner of the copyright, or, with his licence, by any other person, ¥ special provision regarding copyright in designs registered or capable of being registered under the designs act, i911 chapter iv ownership of copyright and the rights of the ownerfirst owner of copyright 17, subject to the provisions of this act, the author of a work shall be the first owner of the copyright therein: provided that— (a) in the case of a literary, dramatic or artistic work made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship, for the purpose of publication in a newspaper, magazine or similar periodical, the said proprietor shall, in the absence of any agreement to the contrary, be the first owner of the copyright in the work in so far as the copyright relates to the publication of the work in any newspaper, magazine or similar periodical, or to the reproduction of the work for the purpose of its being so published, but in all other respects the author shall be the first owner of the copyright in the work; (8) subject to the provisions of clause (a), in the case ofa photograph taken, or, a painting or portrait drawn, or an engraving or acinematograph film made, for valuable consideration at the instance of any person, such person shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; (c) in the case of a work made in the course of the author's employment under a contract of service or apprenticeship, to which clause (a) or clause (6) does not apply, the employer shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; (cc) in case of any address or speech delivered in public, the person who has delivered such address or speech or if such person has delivered such address or speech on behalf of any other person, such other person shall be the first owner of the copyright therein notwithstanding that the person who delivers such address or speech, or, as the case may be, the person on whose behalf such address or speech is delivered, is employed by any other person who arranges such address or speech or on whose behalf or premises such address or speech is delivered; (d) in the case of a government work, government shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; (dd) in the case of a work made or first published by or under the direction or control of any public undertaking, such public undertaking shall, in the absence of any agreement to the contrary, be the first owner of the copyright therein; explanation—for the purposes of this clause and section 28a, "public undertaking" means— (i) an undertaking owned or controlled by government; or gi) a government company as defined in section 617 of the companies act, 1956; or 1 of 1956 (iii) a body corporate established by or under any central, provincial or state act; (e) in the case of a work to which the provisions of section 41 apply, the international organisation concerned shall be the first owner of the copyright therein, 18 (/) the owner of the copyright in an existing work or the prospective owner of assignment of copyright the copyright in a future work may assign to any person the copyright either wholly or partially and either generally or subject to limitations and either for the whole of the copyright or any part thereof: provided that in the case of the assignment of copyright in any future work, the assignment shall take effect only when the work comes into existence 19(1) + x ' mode of assignment (3) the assignment of copyright in any work shail also specify the amount of royalty payable, if any, to the author or his legal heirs during the currency of the assignment and the assignment shall be subject to revision, extension or termination on terms mutually agreed upon by the parties ® 19a (j) disputes with respect to assignment of copyright (2) ifany dispute arises with respect to the assignment of any copyright, the copyright board may, on receipt of a complaint from the aggrieved party and after holding such inquiry as it considers necessary, pass such order as it may deem fit including an order for the recovery of any royalty payable: provided that copyright board shall not pass any order under this sub-section to revoke the assignment unless it is satisfied that the terms of assignment are harsh to the assignor in case the assignor is also the author: provided further that no order of revocation of assignment under this sub-section, shall be made within a period of five years from the date of such assignment + 21 (/) the author of awork may relinquish all or any of the rights comprised in the copyright in the work by giving notice in the prescribed form to the registrar of copyrights and thereupon such rights shall, subject to the provisions of sub-section (3), cease to | right | of ||------------|-------|| author | to || relinquish | || copyright | |exist from the date of the notice chapter v 'term of copyright22, except as otherwise hereinafter provided, copyright shall subsist in any literary, dramatic, musical or artistic work (other than a photograph) published within the lifetime of the author until sixty years from the beginning of the calender year next following the year in which the author dies explanation—in this section the reference to the author shall, in the case of a work of joint authorship, be construed as a reference to the author who dies last | term | of ||-----------|-------|| copyright | in || published | || literary, | || dramatic, | || musical | and || artistic | || works | || | || | || | || | || | |25, term of copyright in photographs—in the case of a photograph, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the photograph is published 26 tern of copyright in cinematograph films—in the case of a cinematograph film, copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the film is published chapter vi licences| licences | by ||-------------|-------|| owners | of || copyright | |30 the owner of the copyright in any existing work or the prospective owner of the copyright in any future work may grant any interest in the right by licence in writing signed by him or by his duly authorised agent: provided that in the case of a licence relating to copyright in any future work, the licence shall take effect only when the work comes into existence explanation,—where a person to whom a licence relating to copyright in any future work is granted under this section dies before the work comes into existence, his legal representatives shall, in the absence of any provision to the contrary in the licence, be entitled to the benefit of the licence : 30a, the provisions of sections 19 and' 19a shall, with any necessary adaptations application of sections 19 and 19a, and modifications, apply in relation to a licence under section 30 as they apply in relation to assignment of copyright in a work 31 (/) if at any time during the term of copyright in any indian work which has been published or performed in public, a complaint is made to the copyright board that the owner of copyright in the work— compulsory licence in works withheld from public (a) has refused to re-publish or allow the re-publication of the work or has refused to allow the performance in public of the work, and by reason of such refusal the work is withheld from the public; or (b) has refused to allow communication to the public by broadcast, of such work or in the case of a sound recording the work recorded in such sound recording, on terms which the complainant considers reasonable, the copyright board, after giving to the owner of the copyright in the work a reasonable opportunity of being heard and after holding such inquiry as it may deem necessary, may, if it is satisfied that the grounds for such refusal are not reasonable, direct the registrar of copyrights to grant to the complainant a licence to re-publish the work, perform the work in" public or communicate the work to the public by broadcast, as the case may be, subject to payment to the owner of the copyright of such compensation and subject to such other terms and conditions as the copyright board may determine; and thereupon the registrar of copyrights shall grant the licence to the complainant in accordance with the directions of copyright board, on payment of such fee as may be prescribed explanation—in this sub-section, the expression "indian work" includes— (/ an artistic work, the author of which is a citizen of india; and (i) acinematograph film or a sound recording made or manufactured in india (2) where two or more persons have made a complaint under sub-section (/), the licence shall be granted to the complainant who in the opinion of the copyright board would best serve the interests of the general public 31a (j) where, in the case of an indian work referred to in sub-clause (ii/) of clause () of section 2, the author is dead or unknown or cannot be traced, or the owner of the copyright in such work cannot be found, any person may apply to the copyriglit board for compulsory licence in unpublished indian works ~ a licence to publish such work or a translation thereof in any language chapter vii copyright societiesregistration, of copyright 38 of 1994 saciely 33 (1) no person or association of persons shall, after coming into force of the copyright (amendment) act, 1994 commence or, carry on the business of issuing or granting licences in respect of any work in which copyright subsists or in respect of any other rights conferred by this act except under or in accordance with the registration granted under sub-section (3): provided that an owner of copyright shall, in his individual capacity, continue to have the right to grant licences in respect of his own works consistent with his obligations as a member of the registered copyright society: 38 of 1994 provided further that a performing rights society functioning in accordance with the provisions of section 33 on the date immediately before the coming into force of the copyright (amendment) act, 1994 shall be deemed to be a copyright society for the purposes of this chapter and every such society shall get itself registered within a period of one year from the date of commencement of the copyright (amendment) act, 1994 (3) the central government may, having regard to the interests of the authors and other owners of rights under this act, the interest and convenience of the public and in particular of the groups of persons who are most likely to seek licences in respect of the relevant rights and the ability and professional competence of the applicants, register such association of persons as a- copyright society subject to such conditions as may be prescribed: provided that the central government shall not ordinarily register more than one copyright society to do business in respect of the same class of works (4) the central government may, if it is satisified that a copyright society is being managed in a manner detrimental to the interests of the owners of rights concerned, cancel the registration of such society after such inquiry as may be prescribed ¥ administration 34, (1) subject to such conditions as may be prescribed,— of rights of owner by copyright sociely (a) a copyright society may accept from an owner of rights exclusive authorisation to administer any right in any work by issue of licences or collection of licence fees or both; and (b) an owner of rights shail have the right to withdraw such authorisation without prejudice to the rights of the copyright society under any contract (2) it shall be competent for a copyright society to enter into agreementwith any foreign society or organisation administering rights corresponding to rights under this act, to entrust to such foreign society or organisation the administration in any foreign country of rights administered by the said copyright society in india,or for administering in india the rights administered in a foreign country by such foreign society or organisation: provided that no such society or oganisation shail permit any discrimination in regard to the terms of licence or the distribution of fees collected between rights in indian and other works, (3) subject to such conditions as may be prescribed, a copyright society may,— (/ issue licences under section 30 in respect of any rights under this act; (ii) collect fees in pursuance of such licences; (ii) distribute such fees among owners of rights after making deductions for its own expenses; (iv) perform any other functions consistent with the provisions of section 35 34, (/) ifthe central government is of the opinion that a copyright society for a class of work is generally administering the rights of the owners of rights in such work throughout india, it shall appoint the society for the purposes of this section payment of remunerations by copyright society, (2) the copyright society shall, subject to such rules as may be made in this behalf, frame a scheme for determining the quantum of remuneration payableto individual copyright owners having regard to the number of copies of the work in circulation: provided that such scheme shall restrict payment to 'the owners of rights whose works have attained a level of circulation which the copyright society considers reasonable, 35, (/) every copyright society shall be subject to the collective control of the owners control over of rights under this act whose rights it administers (not being owners of rights under this act administered by a foreign society or organisation referred to in, sub-section (2) of section 34) and shall, in such manner as may be prescribed, - , the copyright society by the owner of rights (c) provide to stich owners regular, full and detailed information concerning all its activities, in relation to the administration of their rights 36a nothing in this chapter shall affect any rights or liablities in any work in rights and 38 of 1994,'connection with a performing rights society which had accrued or were incurred on or before the day prior to the commencement of the copyright (amendment) act, 1994, or any legal proceedings in respect of any such rights or liabilities pending on that day | liabilities ||----------------|| performing || rights || societies | rights of broadcasting organisation and of performers | 37 ||--------------|| broadcast || reproduction || tight |(3) during the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,— (a) re-broadcasts the broadcast; or ~ (b) causes the broadcast to be heard or seen by the public on payment of any chatges; or ; (c) makes any sound recording or visual recording of the broadcast; or (d) makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; or (e) sells or hires to the public, or offers for such sale or hire, any such sound recording or visual recording referred to in clause (c) or clause (d) : shall, subject to the provisions of section 39, be deemed to have infringed the broadcast reproduction right 38(/) performer's right (3) during the continuance of a performer's right in relation to any performance, any person who, without the consent of the performer, does any of the following acts in respect of the performance or any substantial part thereof, namely:— (a) makes a sound recording or visual recording of the performance; or (b) reproduces a sound recording or visual recording of the performance, which sound recording or visual recording was-— (i) made without the performer's consent; or (ii) madefor purposes different from those for which the performer gave his consent; or (if) made for purposes different from those referred to in section 39 from a sound recording or visual recording which was made in accordance with section 39; or (c) broadcasts the performance except where the broadcast is made from a sound recording or visual recording other than one made in accordance with section 39, or is a re-broadcast by the same broadcasting organisation of an earlier broadcast which did not infringe the performer's right; or (d) communicates the performance to the public otherwise than by broadcast, except where such communication to the public i is made from a sound recording or a visual recording or a broadcast, shall, subject to the provisions of section 39, be deemed to have infringed the performer's right (4) once a performer has consented to the incorporation of his performance in a cinematograph film, the provisions of sub-sections (/), (2) and (3) shall have tio further " application to such performance | "39a sections 18, 19, 30, 53, 55, 58, 64, 65 and 66 shall, with any necessary adaptations other and modifications, apply in relation to the broadcast reproduction right in any broadcast oe ving t and the performer's right in any performance as they apply in relation to copyright in a work: heii ' te provided that where copyright or performer's right subsists in respect of any work or eneand performancethat has been broadcast, on licence to reproduce such broadcast shall take former! performer's effect without the consent of the owner of rights or performer, as the case may be, or both sight of them & « power of 40a ie a central (2) every order made under sub-section (/) may provide that— government x x « to apply chapter viil (i) the term of the rights of broadcasting organisations and performers in india to broadcasting shall not exceed such term as is conferred by the law of the country to which the order organisations an relates; performers in certain other countries, entries in register of copyrights 45, (/) the author or publisher of, or the owner of or other person interested in the copyright in, any work may make an application in the prescribed form accompanied by the prescribed fee to the registrar of copyrights for entering particulars of the work in the register of copyrights: : provided that in respect of an artistic work which is used or is capable of being used 43 of 1958, in relation to any goods, the application shall include a statement to that effect and shall be accompanied by a certificate from the registrar of trade marks referred to in section 4 of the trade and merchandise marks act, 1958, to the effect that no trade mark identical with or deceptively similar to such artistic work has been registered under the act in the name of, or that no application has been made under that act for such registration by, any person other than the applicant $2, (1) the following acts shail not constitute an infringement of copyright, namely:— (a) a fair dealing with a literary, dramatic, musical or artistic work not being a computer programme for the purposes of— certain acts not to 'be infringement of copyright (i private use including research; (ii) criticism or review, whether of that work or of any other work; " (b)a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events— (i) in a newspaper, magazine or similar periodical; or (ii) by broadcast or in a cinematograph film or by means of photographs explanation —the publication of a compilation of addresses or speeches delivered in public is not a fair dealing of such work within the meaning of this clause; (c) the reproduction ofa literary, dramatic, musical or artistic work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding or for the purpose of a report of a judicial proceeding; : _ (d the reproduction or publication of a literary, dramatic, musical or artistic work in any work prepared by the secretariat ofa legislature or, where the legislature consists of two houses, by the secretariat of either house of the legislature, exclusively for the use of the members of that legislature; (e) the reproduction of any literary, dramatic or musical work ina certified copy made or supplied in accordance with any law for the time being in force; re) the reading or recitation in public of any reasonable extract from a published literary or dramatic work; (g) the publication ina collection, mainly composed of non-copyright matter, bona fide intended for the use of educational institutions, and so described in the title and in any advertisement issued by or on behalf of the published, of short passages from published literary or dramatic works, not themselves published for the use of educational institutions, in which copyright subsists: provided the not more than two such passages from works by the same author are published by the same publisher during any period of five years explanation—in the case of a work of joint authorship, references in this clause to passage from works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person; (a) the reproduction ofa literary, dramatic, musical or artistic work— (i) by a teacher or a pupil in the course of instruction; or (i) as part of the questions to be answered in an examination; or (id in atswers, to such questions; (i) the performance, in the course of the activities of an educational institution, ofa literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or sound recording, if the audience is limited to such staff and students, the parents and guardians of the students and persons directly connected with the activities of the institution or the communication to such an audience of a cinematograph film or sound recording; (f) the making of sound recordings in respect of any literary, dramatic or musical - work, if— (i sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work; (ii) the person making the sound recordings has given a notice of his intention to make the sound recordings, has provided copies of all covers or labels with which the sound recordings are to be sold, and has paid in the prescribed manner to the owner of rights in the work royalties in respect of all such sound recordings to be made by him, at the rate fixed by the copyright board in this behalf: provided that— ( no alterations shall be made which have not been made previously by or with the consent of the owner of rights, or which are not reasonably necessary for the adaptation of the work for the purpose of making the sound recordings, (if) the sound recordings shall not be issued in any form of packaging or with any label which is likely to mislead or confuse the public as to their identity; (iif) no such sound recording shall be made until the expiration oftwo calendar years after the end of the year in which the first sound recording of the work was made; and (iv) the person making such sound recordings shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording: provided further that if on a complaint brought before the copyright board to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this clause, the copyright board is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty; : (n) the publication in a newspaper, magazine or other periodical of a report of lacture delivered in public; (0) the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such book is not available for sale in india: % (y) in relation to a literary, dramatic or musical work recorded or reproduced in any cinematograph film, the exhibition of such film after the expiration of the term-of copyright therein : provided that the provisions of sub-clause (ii) of clause (a), sub-clause (/) of clause (b) and clauses (@), (/), (g), (a) and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgment— (+ identifying the work by its title or other description; and (ii) unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgement of his name should be made, also identifying the author | | ||----------|------|| accounts | and || audit, | |52b, (1) every copyright society appointed under section 34a shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form and in such manner as may be prescribed by the central government in consultation with the comptoller and auditor general of india (2) the accounts of each of the copyright societies in relation to the payments received from the central government shallbe 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 and it shall be payable by the copyright society to the comptroller and auditor general, : > (3) the comptroller and auditor general of india or any other person appointed by him in connection with the audit of the accounts of the copyright society referred to in subsection (2) shall have the same rights and privileges and authority in connection with the audit as the comptroller and auditor general has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts and other documents and papers and to inspect any of the offices of the copyright society for the purpose only of such audit : (4) theaccounts of each of the copyright societies as certified by the comptroller and auditor general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament 53 (1) the registrar of copyrights, on application by the owner of the copyright in importation of infringing copies any work or by his duly authorised agent and on payment of the prescribed fee, may, after making such inquiry as he deems fit, order that copies made out of india of the work which if made in india would infringe copyright shall not be imported (2) subject to any rules made under this act, the registrar of copyrights or any person authorised by him in this, behalf may enter any ship, dock orpremises where any such copiesas are referred toin sub-section (/)maybefoundand may examinesuch copies (3) all copies to which any order made under sub-section (/) applies shall be deemed st of 1962 to be goods of which the import had been prohibited or restricted under section' 11 of the customs act, 1962 and all the provisions of the act shall have effect accordingly: provided that all such copies confiscated under the provisions of the said act shall not vest in the government but shall be delivered to the owner of the copyright in the work | | | ' | | | & ||------|------|------|------|------|------|55, (1) where copyright in any work has been infringed, the owner of the copyright shall, except ad otherwise provided-by this act, be entitled to all such remedies by way-of | civil | remedies ||--------------|-------------|| for | || infringement | || of | copyright |injunction, damages,accounts and otherwise as are or may beconferred by jaw for the infringement ofa right: : : provided that if the defendant proves that at the date of the infringement he was not aware and had no reasonable ground for believing that copyright subsisted in the work, the plaintiff shail not be entitled to any remedy other than an injunction in respect of the infringement and a decree for the whole or part of the profits made by the defedant by the sale of the infringing copies as the court may inthe circumstances deem reasonable, (2) where, in the case ofa literary, dramatic, musical or artistic work, a name purporting to be that of the author or the publisher, as the casé may be, appears on copies of the work published, or, in the case of an artistic work, appeared on the work when it was made, the person, whose name so appears or appeared shall, in any proceeding in respect of infringement of copyright in such work, be presumed, unless the contrary is proved, to be the author or the publisher of the work, as the case may be 57, (1) independently of the author's copyright and even after the assignment either wholly or partially of the said copyright, the author of a work shall have the right— (6) to restrain or claim damages in respect of any distortion, mutilation, modification or other act in relation to the said work which is done before the expiration of the term of copyright if such distortion, mutilation, modification or other act would be prejudical to his honour or reputation: provided that the author shall not have any right to restrain or claim damages in respect of any adaptation of a computer programme to which clause (aa) of sub-section (1) of seciton 52 applies explanation—failure to display a work or to display it to the satisfaction of the author shall not be deemed to be an infringement of the rights conferred by this seciton; (2) the right conferred upon an author of a work by sub-section (/) other than the right to claim authorship of the work, may be exercised by the legal representatives of the 'author, 66 the court trying any offence under this act may, whether the alleged offender is convicted or not, order that all copies of the work or all plates in the possession of the alleged offender, which appear to it to be infringing copies, or plates for the purpose of making infringing copies, be delivered up to the owner of the copyright | disposal | of ||-------------|-------|| infringing | || copies | or || plates | for || purpose | of || making | || infringing | || copies | |power to make tiles (2) in particular, and without prejudice to the generality of the foregoing power, the central government may make rules to provide for all of any of the following matters, namely:— ¥ (db) the form and the manner in which the copyright society shall maintain accounts and other relevant records and prepare annual statements of acounts and the manner in which the quantum of remuneration is to be paid to individual owner of rights under sub-section (/) of section 52b

Parliament_bills

87be315d-429a-5931-9e9d-40f318065eb5

biu no 132 of l't77 , -pie indian i~on and steel company (acquisition of slil\res) ame:ndment b,ill, 1977 a billto amend the lndiatn iron and steel company (acquisition of shares) act 1976 be it enacted by parliament in the twenty-eighth year of the republic ~~ inpia as follows:-short 1 (1) this act may be calied the indian iron and steel c~pany (afq~sition of shares) amendment act, 1977 title and conuneneement (2) it shall be deemed to have come into force on the 13th day of o~tober 1977 ~ ¥l ~~ctiop 2 qf the indian iron and steel company (ac~uisition of amend-~~w:~~s) "ct, 1976 (hereinafter referred to as the principal act), for clause 1mbt· ' (h), the following clause shall be substituted, narnely:- tioqi 10 - (h) "shareholder" means,-(i) a person who, imm~diately ~fpr~ the appointedd~y "¥lis regis~red by the company as the holder of any share' an:d inc~~des his l~gal representative; or is (ii) a p~rsp~ w~o q$re ~e ~~flo~qt~d qay haqw~ed)v'~h the company a proper instrument of transfer of any share in the form prescribed under sf>ction 108 of the companies act, 1956, and executed in accordance with the provisions of that ~~tioni or ,_ (iii) a person who claims under a proper instrument of transfer of any share in the form prescribed under section 108 of the companies act, 1956, which was executed ltefore the appointed day and delivers such instrument to the commissioner on or before such date as the cantral government may, by noti- s fication, specify in this behalf; 3 in section 7 of the principal act, in sub-section (1) ,-",-ci-__ t of het100 7 (i) in the opening paragraph, for the words "within thirty days from the specified date", the words, figures and letters "on or before the 30th day of november, ls77" shall be substituted and shall be 10 deemed always to have been substituted; (ii) for the proviso, the following proviso shall be substituted and shall be deemed always to have been substituted, namely:-"provided that if the commissioner is satisfied that the claimant was prevented by sufficient cause from preferring the is claim before the said date, he may entertain the claim within a further period of thirty days from that date and not thereafter" '" after section 7 of the principal act, the following sections shall be j~ted, namely:-",7 a where there is any dispute as to the person or persons who :ao are entitled to any amount payable under this act (including any dispute as to who are the legal representatives of any deceased claimant to the amount) the commissioner may after makine such inquiry as he may deem fit, make the payment to such person as appears to him to be best entitled to receive the amount: ~s %ulrtioa of -- fa idd m pdwerof coidiiih-toiler to inquire into disputes al to persons entitled to an1 amount de):lollt of amount in court provided that if the commissioner is unable to determine as to who is the person entitled to the amount and considers that the matter could more appropriately be dealt with by the principal civil court of original jurisdiction within the local limits of whose jurisdiction the registered office of the company is situated, he may refer 30 such dispute to the said court, whose decision thereon shall be final: provided further that nothing contained herein shall affect the liability of any person, who may receive the whole or any part of the amount allowed under this act, to pay the same to the penon lawfully entitled thereto 35 7b where any dispute has been referred under section 7a by the commissioner to the civil court referred to therein, he shall deposit the amount in that court" repeal and lavid8 5 (1) the indian iron and steel company (acquisition of shares) amendment ordinance, 19'17, 1'8 hereby repealed 40 15 of 117'7 (2) notwithstanding such repeal, anything done or any action taken under the ordinance so repealed shall be deemed to have been done or ~kejl unc;ier the corres~onding provisions of this act untier the indian iron and steel company (acquisition of shares) act, 1976, with effect frum the 17th july, 1976, government acquired the ~hares of the indian iron and steel company limited, held by parties other than the state governments and public sector institutions in order to enable the government to make the necessary additional investment in that company to make it a viable unit 2 according to the definition of the term "shareholder" in the act , the amount due in respect of shares was payable only to those persons who immediately before the appointed day (17th july, 1976) were regis- tered by the indian iron and steel company as the holders of any sh84oes representations had been received that on the basis of the existing definition, the amount would not be payable to persons who are holding the shares as on the appointed day on the basis of legal transactions, if they were not registered as the shareholders in the books of the company as on that date as the shares of the company were listed on the stock exchanges, transfer of these shares from one party to another was taking place frequently and these transfers could not be registered in the company's books before the appointed day, nor was it necessary that such transfer should be registered immediately after the transfer in order to avoid hardship to genuine holders of the shares, it is proposed that the definition of the term "sharehcllder" should be suitably enlarged so as to include the following categories also:-(i) persons who, immediately before the appointed day, were registered by the company as the holder of ~y share and their legal representatives; (ii) persons who had acquired a share of the company and had lodged the instrument of transfer with the company before the appointed day; anrt (iii) any other person claiming in pursuance of a document duly executed before the appointed day, in the form prescribed for the purpose, under the companies act, 1956, and lodged with the commissioner of payments on or before such date as the central government, may, by notification, specify in this behalf 3 the other proposals connected with the above relate to empowering of the commissioner to inquire into disputes as to the persons entitled to any amount due (which would also enable the commissioner to refer the matter in certain cases, where he is himself unable to decide that question, to the principal civil court of original jurisdiction within t~e local limits of whose jurisdiction the registered office of the company ~ aituated) and the making of a provision for the deposit of the amount in court where the dispute has been referred to by the commissioner to a civil court provision has also been mnde to safeguard the interests of a parson lawfully entitled to receive the amount by providing that the liabi· lity of any person who has received the same would still continue as against the person lawfully entitled to receive it 4 an ordinance to give effect to the ab::>ve objects was promulgated by th~ ~ident on the 13th day of october, 1977 5 the bill seeks to replace that ordinance new delhi; the 8th november, 1977, biju patnaik president's recommendation under article 117 of tht constitution of india[copy of letter no 8(97)/77-ki/1948, dated the 11th november, 1977 from shri biju patnaik, minister of steel i:lnd mines to the secretary, lok sabha] the president, having been informed of the subject matter of the bi11 for amendment of indian ir::>n and steel company (acquisition of shares) act, 1976, ,has recommended under article 117 (1) and (3) of the constitution, the introduction in and consideration by lcik sabha of the aaid :eni ,acc,ordin~ to the definition of the term "shareholder" ~n theindiap" ii'bn 'and steel corlipany (acquisition of shares) act, 1976 lheamount' due in respect of shares was payable only to those persons whose shares were acquired by government dn'17-'7-1976 and who were registered on that date in the books of indian iron and steel company as, the holders of such shares the amount would not, therefore, be payable to persons who were not registered as such even though they had acquired ~the shares as on 17-7-1976, legally the bill seeks to provide for the amendment of the definition of the term "shareholder" in the act to provide that the· following categories of persons are also paid the amount, namely:-(i) legal representatives of shareholders as defined iii the existing act; (ii) a person who had acquired shares of the company add bad lod~ed the instwrnent of transfer with the company before 17-1-1~7~;, and ' , (iii) a person who claims under a proper instrument of transfer of imy share in the prescribed form and executed before l'v':7":li76 and 1t1ge\i with the 'commissioner of payments on or be~e meb' l date! "as the central government may by notificatioh specify 'itt 'tfrls behalf 2 the amount at the rates stipulated in the act, namely, at the rate of rs 470 for each equity share of the face value of rs 10 and at the rate of rs 3275 for each preference share of the face value of rs 100 would, therefore, be payable to all those persons who held the shares of lisco in a lawful manner as on 17-7-1976 and whose shares were acquired 3 the total amount paid to the commissioner of payments for disbursement to the shareholders whose shares were acquired was determined with reference to the total number of shares acquired by government and not with reference to whether they were actually registered as shareholders in the books of the company as on 17-7-1976 there would, therefore, be no further outgo of expenditure from the consolidated fund of india as a result of the proposed amendment 4 however, but for the enlargement of the definition of the expression "shareholder" by the proposed amending legislation, the undisbursed amount lying with the commissioner, would normally have gone back to the government and, to this extent, this could technically be deemed to be a loss to the government , annexure b'l'llactl froi4 the indian iron and steel company (acquisition of shares) act, 1976(89 of 1976) - - - - - i in thil act, unless the context otherwise requires,-- - (h) "shareholder" means a person who, immediately before the appointed day, was registered by the company as the holder of any hare; - - 7 (1) every shareholder, having a claim in relation to any share acquired by this act, shall prefer such claim before the commissioner within thirty days from the specified date: claimi to ~ made cea-le- provided that if the commissioner is satisfied that the claimant wal prevented by sufficient cause from preferring the claim within the period of thirty days, he may entertain the claim within a further period of thirty day al'1d not thereafter - memorandum explaining the modijiocltions contained in the bin to 'replace the indian iton and steel com~ (acquiriticm at 8m,e) amendment ordinance, 1977 apart from changes of a formal drafting nature, referedcfii in new sections 7a and 7b (vide clause 4 of the bill to compensation have beea changed into references to amount payable under the act to conform to the language of section 10 of the act a billto amend the indian iron and steel company (acquisition of shares) act, 1976 (shri bt;u pcltmik, minuter of steel clftd mtrel)

Parliament_bills

de0dc320-620c-50a1-bc42-a80c0bd642f6

bill no 130 of 2019 the unlawful activities (prevention) amendment bill, 2019 a billfurther to amend the unlawful activities (prevention) act, 1967be it enacted by parliament in the seventieth year of the republic of india as follows:—amendment of section 22 in the unlawful activities (prevention) act, 1967 (hereinafter referred to as the principal act), in section 2, in sub-section (1),—(i) in clause (d), for the word and figures "section 21", the word and figures"section 22" shall be substituted;(ii) in clause (ha), for the words "the schedule", the words "a schedule"shall be substituted;(iii) in clause (m), for the word "schedule", the words "first schedule" shall be substituted5amendment of section 253 in section 25 of the principal act, in sub-section (1), for the words "in which such property is situated, make an order", the words "in which such property is situated, or where the investigation is conducted by an officer of the national investigation agency, with the prior approval of the director general of national investigation agency, make an order" shall be substituted104 in chapter vi of the principal act, for the chapter heading, the following chapter heading shall be substituted, namely:—amendment of heading of chapter vi "terrorist organisations and individuals"5 in section 35 of the principal act,—amendment of section 35(i) in sub-section (1),—15(a) in clause (a), after the words "first schedule", the words "or the name of an individual in the fourth schedule" shall be inserted;(b) in clause (b), after the words "united nations", the words "or the name of an individual in the fourth schedule" shall be inserted;(c) in clause (c), after the words "first schedule", the words "or the name of an individual from the fourth schedule" shall be inserted;20(d) in clause (d), after the words "first schedule", the words "or the fourth schedule" shall be inserted;25(ii) in sub-section (2), for the words "an organisation only if it believes that it is", the words "an organisation or an individual only if it believes that such organisation or individual is" shall be substituted;(iii) in sub-section (3), for the words "an organisation shall be deemed to be involved in terrorism if it", the words "an organisation or an individual shall be deemed to be involved in terrorism if such organisation or individual" shall be substituted6 in section 36 of the principal act,—30amendment of section 36(i) in the marginal heading, for the words "a terrorist organisation", the words "terrorist organisation or individual" shall be substituted;(ii) in sub-section (1), for the words "an organisation from the schedule", the words "an organisation from the first schedule, or as the case may be, the name of an individual from the fourth schedule" shall be substituted;35(iii) in sub-section (2),—(a) in clause (b) for the words "schedule as a terrorist organisation", the words "first schedule as a terrorist organisation, or" shall be substituted;(b) after clause (b), the following clause shall be inserted, namely:—40"(c) any person affected by inclusion of his name in the fourth schedule as a terrorist";(iv) in sub-section (5), for the words "an organisation from the schedule", the words "an organisation from the first schedule or the name of an individual from the fourth schedule" shall be substituted;45(v) in sub-section (6), after the words "an organisation", the words "or an individual" shall be inserted;(vi) in sub-section (7), for the word "schedule", the words "first schedule or the name of an individual from the fourth schedule" shall be substitutedamendment of section 387 in section 38 of the principal act, in sub-section (1), in the proviso, in clause (b), for the word "schedule", the words "first schedule" shall be substituted58 in section 43 of the principal act,—amendment of section 43(i) after clause (b), the following clause shall be inserted, namely:—"(ba) in the case of national investigation agency, below the rank of inspector;";10(ii) in clause (c), after the words, brackets and letter "or clause (b)", the words, brackets and letters "or clause (ba)" shall be insertedamendment of section 459 in section 45 of the principal act, in sub-section (1), in clause (ii), for the word"where", the word "if" shall be substitutedamendment of first schedule1510 in the first schedule to the principal act, for the brackets, words, figures and letter "[see sections 2(1)(m) and 35]", the brackets, words, figures and letter"[see sections 2(1)(m), 35, 36 and 38 (1)]" shall be substituted11 in the second schedule to the principal act,—amendment of second schedule(a) in item (v), the words "as amended from time to time" shall be inserted at the end;(b) after item (ix), the following item shall be inserted, namely:—20"(x) international convention for suppression of acts of nuclear terrorism (2005)"12 after the third schedule to the principal act, the following schedule shall be added, namely:—addition of fourth schedule "the fourth schedule25[see sections 35(1) and 36]sl noname of individuals" statement of objects and reasonsthe unlawful activities (prevention) act, 1967 (the act) was enacted to provide for more effective prevention of certain unlawful activities of individuals and associations, and for dealing with terrorist activities, and for matters connected therewith the said act has been amended in the years 2004, 2008 and 2013 to add certain provisions relating to various facets of terrorism2 presently, the national investigation agency faces many difficulties in the process of investigation and prosecution of terrorism related cases with a view to overcome such difficulties being faced by the national investigation agency in the investigation and prosecution of terrorism related cases due to certain legal infirmities and also to align the domestic law with the international obligations as mandated in several conventions and security council resolutions on the issue, the government proposes to amend the said act and for the said purpose, introduce the unlawful activities (prevention) amendment bill, 20193the unlawful activities (prevention) amendment bill, 2019, inter alia, provides for—(i) empowering the director general, national investigation agency to grant approval of seizure or attachment of property when the case is investigated by the said agency;(ii) amending section 35 of the act to empower the central government to add to or remove from the proposed fourth schedule, the name of an individual terrorist and other consequential amendments relating thereto;(iii) inserting a new clause (ba) in section 43 of the act to empower an officer of the rank of inspector of national investigation agency to investigate the offences under chapter iv and chapter vi 4 the bill seeks to achieve the above objectivesnew delhi;amit shahthe 28th june , 2019 annexure extracts from the unlawful activities (prevention) act, 1967 (37 of 1967) definitions2 (1) in this act, unless the context otherwise requires,— 34 of 2008(d) "court" means a criminal court having jurisdiction, under the code, to try offences under this act and includes a special court constituted under section 11 or under section 21 of the national investigation agency act, 2008; (ha) "schedule" means the schedule to this act; (m) "terrorist organisation" means an organisation listed in the schedule or an organisation operating under the same name as an organisation so listed; powers of investigating officer and designated authority and appeal against order of designated authority25 (1) if an officer investigating an offence committed under chapter iv or chapter vi, has reason to believe that any property in relation to which an investigation is being conducted, represents proceeds of terrorism, he shall, with the prior approval in writing of the director general of the police of the state in which such property is situated, make an order seizing such property and where it is not practicable to seize such property, make an order of attachment directing that such property shall not be transferred or otherwise dealt with except with the prior permission of the officer making such order, or of the designated authority before whom the property seized or attached is produced and a copy of such order shall be served on the person concerned chapter vi terrorist organisations35 (1) the central government may, by notification, in the official gazette,—amendment of schedule, etc(a) add an organisation to the first schedule; (b) add also an organisation to the first schedule, which is identified as a terrorist organisation in a resolution adopted by the security council under chapter vii of the charter of the united nations, to combat international terrorism;(c) remove an organisation from the first schedule; (d) amend the first schedule in some other way(2) the central government shall exercise its power under clause (a) of sub-section (1) in respect of an organisation only if it believes that it is involved in terrorism(3) for the purposes of sub-section (2), an organisation shall be deemed to be involved in terrorism if it—(a) commits or participates in acts of terrorism, or (b) prepares for terrorism, or(c) promotes or encourages terrorism, or (d) is otherwise involved in terrorism denotification of a terrorist organisation36 (1) an application may be made to the central government for the exercise of its power under clause (c) of sub-section (1) of section 35 to remove an organisation from the schedule(2) an application under sub-section (1) may be made by—(a) the organisation, or (b) any person affected by inclusion of the organisation in the schedule as a terrorist organisation (5) the review committee may allow an application for review against rejection to remove an organisation from the schedule, if it considers that the decision to reject was flawed when considered in the light of the principles applicable on an application for judicial review(6) where the review committee allows review under sub-section (5) by or in respect of an organisation, it may make an order to such effect(7) where an order is made under sub-section (6), the central government shall, as soon as the certified copy of the order is received by it, make an order removing the organisation from the schedule 38 (1) a person, who associates himself, or professes to be associated, with a terrorist organisation with intention to further its activities, commits an offence relating to membership of a terrorist organisation:offence relating to membership of a terrorist organisationprovided that this sub-section shall not apply where the person charged is able to prove— (b) that he has not taken part in the activities of the organisation at any time during its inclusion in the schedule as a terrorist organisation 43 notwithstanding anything contained in the code, no police officer,— (c) in any case not relatable to clause (a) or clause (b), below the rank of a deputy superintendent of police or a police officer of an equivalent rank, officers competent to investigate offences under chapters iv and vishall investigate any offence punishable under chapter iv or vi 45 (1) no court shall take cognizance of any offence—cognizance of offences (ii) under chapters iv and vi without the previous sanction of the central government or, as the case may be, the state government, and where such offence is committed against the government of a foreign country without the previous sanction of the central government| | | | | ||------|------|------|------|-----| the first schedule[see sections 2(1)(m) and 35]terrorist organisations the second schedule[see section 15(2)] (v) convention on the physical protection of nuclear material (1980); ———— a billfurther to amend the unlawful activities (prevention) act, 1967————(shri amit shah, minister of home affairs)mgipmrnd—1053ls(s3)—01-07-2019

Parliament_bills

b20e3f8c-aaf7-579d-bc64-6e5d086ed1f8

the pension fund regulatory and development authority bill, 2005 _______ arrangement of clauses ________clauses chapter i preliminary1 short title, extent and commencement 2 definitions chapter ii pension fund regulatory and development authority3 establishment and incorporation of authority 4 composition of authority 5 term of office and conditions of service of chairperson and members of the authority 6 removal of members from office 7 salary and allowances of chairperson and members 8 bar on future employment of members 9 administrative powers of chairperson10 meetings of authority 11 vacancies, etc, not to invalidate proceedings of authority 12 officers and employees of authority chapter iii extent and application13 extent and application chapter iv duties, powers and functions of authority14 duties, powers and functions of authority 15 power to issue directions 16 powers of investigation 17 search and seizure 18 power of authority to ensure compliance 19 management by administrator chapter v new pension system20 new pension system 21 central recordkeeping agency 22 point of presence 23 pension funds chapter vi registration of intermediaries24 registration of central recordkeeping agency, pension fund, point of presence, etc chapter vii penalties and adjudication25 penalty for failure by an intermediary or any other person to complywith provisions of the act, rules, regulations and directions26 crediting sums realized by way of penalties to subscriber education and protectionfund27 power to adjudicate 28 attachment of assets and supersession of management of intermediary 29 offences 30 power to grant immunity 31 exemption from tax on wealth, income, profits and gains 32 cognizance of offences by court 33 appeal to securities appellate tribunal 34 civil court not to have jurisdiction 35 appeal to supreme court chapter viii finance, accounts and audit36 grants by central government 37 constitution of pension regulatory and development fund 38 constitution of subscriber education and protection fund 39 accounts and audit chapter ix miscellaneous40 power of central government to issue directions 41 power of central government to supersede the authority 42 furnishing of returns, etc, to central government43 members, officers and employees of the authority to be public servants 44 protection of action taken in good faith 45 offences by companies 46 power to make rules 47 power to make regulations 48 rules and regulations to be laid before parliament 49 power to remove difficulties 50 delegation of powers 51 application of other laws not barred 52 savings 53 repeal and saving the pension fund regulatory and development authority bill, 2005 a billto provide for the establishment of an authority to promote old age income security by establishing, developing and regulating pension funds, to protect the interests of subscribers to schemes of pension funds 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 pension fund regulatory and development authority act, 2005short title, extent and commencement(2) it extends to the whole of india (3) it shall be deemed to have come into force on the 29th day of december, 2004definitions2 (1) in this act, unless the context otherwise requires,—(a) "authority" means the pension fund regulatory and development authority established under sub-section (1) of section 3;(b) "central recordkeeping agency" means an agency registered under section24 to perform the functions of recordkeeping, accounting, administration and customer service for subscribers to schemes;(c) "chairperson" means the chairperson of the authority;(d) "individual pension account" means an account of a subscriber, executed by a contract setting out the terms and conditions under the new pension system;(e) "intermediary" includes pension fund, central recordkeeping agency, pension fund adviser, retirement adviser, point of presence and such other person or entity connected with collection, management, recordkeeping and distribution of accumulations;(f) "member" means a member of the authority and includes its chairperson; (g) "new pension system" means the contributory pension system referred to in section 20 whereby contributions from a subscriber are collected in an individual pension account using points of presence and a central recordkeeping agency and accumulated by pension funds for pay offs as specified by regulations;(h) "notification" means a notification published in the official gazette; (i) "pension fund" means an entity registered with the authority under sub-section(3) of section 24 as a pension fund for receiving contributions, accumulating them and making payments to the subscriber in the manner specified by regulations;(j) "pension regulatory and development fund" means the fund constituted under sub-section (1) of section 37;(k) "point of presence" means an entity registered with the authority under subsection (3) of section 24 as a point of presence and capable of electronic connectivity with the central recordkeeping agency for the purposes of receiving and transmitting funds and instructions and pay out of funds;(l) "prescribed" means prescribed by rules made under this act;(m) "regulated assets" means the assets and properties, both tangible and intangible, owned, leased or developed by and other rights belonging to, the central recordkeeping agency;(n) "regulations" means regulations made by the authority under this act; (o) "scheme" means a scheme of pension fund approved by the authority under this act;15 of 1992(p) "securities appellate tribunal" means a securities appellate tribunal established under sub-section (1) of section 15k of the securities and exchange board of india act, 1992;(q) "subscriber" includes a person who subscribes to a scheme of a pension fund;(r) "subscriber education and protection fund" means the fund constituted under sub-section (1) of section 38; (2) words and expressions used and not defined in this act, but defined in—4 of 1938(i) the insurance act, 1938;1 of 1956(ii) the companies act, 1956;42 of 1956(iii) the securities contracts (regulation) act, 1956; and15 of 1992(iv) the securities and exchange board of india act, 1992,shall have the meanings respectively assigned to them under those acts chapter ii pension fund regulatory and development authority3 (1) with effect from such date as the central government may, by notification, appoint, there shall be established, for the purposes of this act, an authority to be called the pension fund regulatory and development authorityestablishment and incorporation of authority(2) the authority shall be a body corporate by the name aforesaid, having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property, both movable and immovable, and to contract and shall, by the said name, sue or be sued2 of 1985(3) the head office of the authority shall be in the national capital region referredto in clause (f) of section 2 of the national capital region planning board act, 1985 (4) the authority may establish offices at other places in indiacomposition of authority4 the authority shall consist of a chairperson and not more than five members, of whom at least three shall be whole-time members, to be appointed by the central government from amongst persons of ability, integrity and standing and having experience and knowledge in economics, finance, law or administrative matters with at least one person from each discipline5 (1) the chairperson and every whole-time member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for reappointment:term of office and conditions of service of chairperson and members of authorityprovided that no person shall hold office as the chairperson after he has attained the age of sixty-five years:provided further that no person shall hold office as a whole-time member after he has attained the age of sixty-two years(2) a part-time member shall hold office as such for a term not exceeding five years from the date on which he enters upon his office(3) notwithstanding anything contained in sub-section (1) or sub-section (2), a member may—(a) relinquish his office, by giving in writing to the central government, a notice of not less than thirty days; or(b) be removed from his office in accordance with the provisions of section 66 (1) the central government may remove from office the chairperson or any other member who—removal of members from office(a) is, or at any time has been adjudged as insolvent; or (b) has become physically or mentally incapable of acting as a member; or (c) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or(d) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or(e) has, in the opinion of the central government, so abused his position as to render his continuance in office detrimental to the public interest(2) no such chairperson or other member shall be removed under clause (d) or clause(e) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter7 (1) the salary and allowances payable to, and other terms and conditions of service of, the members other than part-time members shall be such as may be prescribedsalary and allowances of chairperson and members(2) the part-time members shall receive such allowances as may be prescribed (3) the salary, allowances and other conditions of service of a member shall not be varied to his disadvantage after his appointmentbar on future employment ofmembers8 the chairperson and the whole-time members shall not, for a period of two years from the date on which they cease to hold office as such, except with the previous approval of the central government, accept—(a) any employment either under the central government or under any state government; or(b) any appointment in any regulated entity in the pension sector9 the chairperson shall have the powers of general superintendence and direction in respect of all administrative matters of the authorityadministrative powers of chairperson meetings of authority10 (1) the authority shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings (including quorum at such meetings) as may be provided by regulations(2) the chairperson or, if for any reason, he is unable to attend a meeting of the authority, any other member chosen by the members present from amongst themselves at the meeting, shall preside at the meeting(3) all questions which come up before any meeting of the authority shall be decided by a majority of votes by the members present and voting, and in the event of an equality of votes, the chairperson or in his absence, the person presiding shall have a second or casting vote(4) if any member, who is a director of a company and who as such director, has any direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the authority, he shall, as soon as possible after relevant circumstances have come to his knowledge, disclose the nature of his interest at such meeting and such disclosure shall be recorded in the proceedings of the authority, and the member shall not take part in any deliberation or decision of the authority with respect to that matter 11 no act or proceeding of the authority shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the authority; orvacancies etc, not to invalidate proceedings of authority(b) any defect in the appointment of a person acting as a member of the authority;or(c) any irregularity in the procedure of the authority not affecting the merits of the case12 (1) the authority may appoint such officers and other employees as it considers necessary for the efficient discharge of its functions under this actofficers and employees of authority(2) the terms and other conditions of service of officers and other employees of the authority appointed under sub-section (1) shall be such as may be determined by regulations chapter iii extent and application13 (1) this act shall apply to—extent and application(a) the new pension system;(b) any other pension scheme not regulated by any other enactment(2) every pension scheme referred to in clause (b) shall conform to the regulations made by the authority within such time as may be specified in the regulations(3) notwithstanding anything contained in sub-section (1), the provisions of this act shall not apply to–(a) the schemes or funds under–46 of 1948(i) the coal mines provident fund and miscellaneous provisions act,1948;19 of 1952(ii) the employees' provident funds and miscellaneous provisions act,1952;4 of 1966(iii) the seamen's provident fund act, 1966; (iv) the assam tea plantations provident fund and pension fund scheme act, 1955; and assam act x of 1955(v) the jammu and kashmir employees' provident funds act, 1961;jammu and kashmir act xv of 1961 4 of 1938(b) contracts referred to in sub-section (11) of section 2 of the insurance act,1938;(c) any other pension scheme, which the central government may, by notification, exempt from the application of this act;(d) persons appointed before the 1st day of january, 2004 to public services in connection with the affairs of the union, or to all-india services constituted under section 2a of the all-india services act, 1951;61 of 1951(e) persons appointed to public services in connection with the affairs of any state, or such union territories as may be specified by notification by the central government (4) notwithstanding anything contained in sub-section (3), any state government or administrator of a union territory may, by notification, extend the new pension system to its employees(5) any person governed under any of the schemes or funds referred to in sub-section(3) may, at his option, join the new pension system chapter iv duties, powers and functions of authorityduties, powers and functions of authority14 (1) subject to the provisions of this act and any other law for the time being in force, the authority shall have the duty, to regulate, promote and ensure orderly growth of the new pension system and pension schemes to which this act applies and to protect the interests of subscribers of such system and schemes(2) without prejudice to the generality of the provisions contained in sub-section (1), the powers and functions of the authority shall include–(a) regulating the new pension system and the pension schemes to which this act applies;(b) approving the schemes, the terms and conditions thereof and laying down norms for the management of the corpus of the pension funds, including investment guidelines under such schemes;(c) registering and regulating intermediaries; (d) issuing to an intermediary, on application, a certificate of registration andrenewing, modifying, withdrawing, suspending or cancelling such registration;(e) protecting the interests of subscribers; (f) establishing mechanism for redrassal of grievances of subscribers to bedetermined by regulations;(g) promoting professional organisations connected with the pension system; (h) adjudication of disputes between intermediaries and between intermediariesand subscribers;(i) collecting data and requiring the intermediaries to collect such data andundertaking and commissioning studies, research and projects;(j) undertaking steps for educating subscribers and the general public on issuesrelating to pension, retirement savings and related issues and training of intermediaries;(k) standardising dissemination of information about performance of pensionfunds and performance benchmarks;(l) regulating the regulated assets; (m) levying fees or other charges for carrying out the purposes of this act; (n) specifying by regulations the form and manner in which books of accountshall be maintained and statement of accounts shall be rendered by intermediaries;(o) calling for information from, undertaking inspection of, conducting inquiriesand investigations including audit of, intermediaries and other entities or organisations connected with pension funds;(p) exercising such other powers and functions as may be prescribed5 of 1908(3) notwithstanding anything contained in any other law for the time being in force, while exercising the powers under clause (o) of sub-section (2), 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, 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) inspection of any book, register and other document of any person or entityreferred to in section 24, at any place;(iv) issuing commissions for the examination of witnesses or documents; (v) any other matter which may be prescribed(4) without prejudice to the provisions contained in sub-sections (1), (2) and (3) and section 15, the authority may, by order, for reasons to be recorded in writing, in the interests of subscribers, take any of the following measures, pending investigation or inquiry, namely:–(i) restrain persons from participating in any scheme; (ii) restrain any office bearer of an intermediary from acting as such; (iii) impound and retain the proceeds under the scheme in respect of any activitywhich is under investigation;(iv) attach, after passing 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 scheme 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, relating to the proceeds actually involved in the violation of any of the provisions of this act or the rules or the regulations made thereunder shall be allowed to be attached;(v) direct any intermediary or any person associated with the scheme in any manner not to dispose of or alienate an asset forming part of any activity which is under investigation:provided that the authority shall, either before or after, passing such orders, under this section, give to such intermediaries or persons concerned an opportunity of being heardpower to issue directions15 save as otherwise provided in section 14, if after making, or causing to be made, an inquiry, the authority is satisfied that it is necessary–(i) in the interests of subscribers or orderly development of new pension system or a pension scheme to which this act applies; or(ii) to prevent the affairs of any intermediary or other persons or entities referred to in section 24 being conducted in a manner detrimental to the interests of subscribers; or(iii) to secure the proper management of any such intermediary or person or entity, it may issue such directions to such intermediaries or entities or to any person or class of persons referred to in section 24, or associated with the pension fund, as it may deem fit:provided that the authority shall, either before or after passing such orders, give an opportunity of hearing to such intermediaries, entities or persons concerned16 (1) where the authority has a reasonable ground to believe that–power of investigation(a) the activities of the pension fund are being conducted in a manner detrimental to the interest of the subscriber; or(b) any intermediary or any person associated with the schemes of the pension fund has violated any of the provisions of this act or the rules or the regulations made or directions issued by the authority thereunder, it may, at any time, by order in writing, direct any person (hereafter in this section referred to as the investigating authority) specified in the order to investigate the affairs of such intermediary or persons associated with the pension fund and to report thereon to the authority1 of 1956(2) without prejudice to the provisions of sections 235 to 241 of the companies act,1956, it shall be the duty of every manager, managing director, officer and other employee of the company, in case of a company and every intermediary referred to in section 24 or every person associated with the pension fund to preserve and to produce to the investigating authority or any person authorised by him in this behalf, all the books, registers, other documents and record of, or relating to, the company or, as the case may be, of or relating to, the intermediary or such person, which are in their custody or power(3) the investigating authority may require any intermediary or any person associated with the pension fund in any manner to furnish such information to, or produce such books, or other documents, or record before him or any person authorised by him in this behalf as he may consider necessary if the furnishing of such information or the production of such books, or register, or other documents, or record is relevant or necessary for the purposes of its investigation(4) the investigating authority may keep in its custody any books, registers, other documents and record produced under sub-section (2) or sub-section (3) for six months and thereafter shall return the same to any intermediary or any person associated with the pension fund by whom or on whose behalf the books, registers, other documents and record are produced:provided that the investigating authority may call for any book, register, other documents and record if they are needed again:provided further that if the person on whose behalf the books, registers, other documents and record are produced requires certified copies of the books, registers, other documents or record produced before the investigating authority, it shall give certified copies of such books, registers, other documents or, as the case may be, record to such person or on whose behalf the books, registers, other documents and record were produced(5) any person, directed to make an investigation under sub-section (1), may examine on oath any intermediary or any person associated with the pension fund in any manner, in relation to the affairs of his business and may administer an oath accordingly and for that purpose may require any of those persons to appear before him personally(6) notes of any examination under sub-section (5) shall be taken down in writing and shall be read over to, or by, and signed by, the person examined, and may thereafter be used in evidence against him(7) if any person fails without reasonable cause or refuses–(a) to produce to an investigating authority or any person authorised by him in this behalf any book, register, other document or record which it is his duty under subsection (2) or sub-section (3) to furnish; or(b) to furnish any information which it is his duty under sub-section (3) to furnish;or(c) to appear before the investigating authority personally when required to do so under sub-section (5) or to answer any question which is put to him by the investigating authority in pursuance of that sub-section; or(d) to sign the notes of any examination referred to in sub-section (6), he shall be punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to twenty-five crore rupees, or with both, and also with a further fine which may extend to ten lakh rupees for every day after the first day during which the failure or refusal continuessearch and seizure17 (1) where the authority, in consequence of information in its possession, has reason to believe that–(a) any person who has been required under sub-section (3) of section 16 to produce, or cause to be produced, any books, accounts or other documents in his custody or power has omitted or failed to produce, or cause to be produced, such books, accounts or other documents, or(b) any person to whom a requisition to produce any books, accounts or other documents as aforesaid has been or might be issued will not, or would not, produce or cause to be produced, any books, accounts or other documents which will be useful for, or relevant to, an investigation under sub-section (1) of section 16, or(c) a contravention of any provision of this act has been committed or is likely to be committed by an intermediary, or(d) any claim which is due to be settled by the intermediary, has been or is likely to be rejected or settled at a figure higher than a reasonable amount, or(e) any claim which is due to be settled by an intermediary, has been or is likely to be rejected or settled at a figure lower than a reasonable amount, or(f) any illegal fees and charges have been transacted or are likely to be transacted by an intermediary, or(g) any books, accounts, papers, receipts, vouchers, survey reports or other documents, belonging to an intermediary are likely to be tampered with, falsified or manufactured, it may authorise any officer of the authority, not below the rank equivalent to that of a gazetted officer of the government (hereafter referred to as the authorised officer), to–(i) enter and search any building or place where he has reason to suspect that such books, accounts or other documents, or any books or papers relating to any claim, rebate or commission or any receipts, vouchers, reports or other documents are kept;(ii) break open the lock of any box, locker, safe, almirah or other receptacle for exercising the powers conferred by clause (i) where the keys thereof are not available;(iii) seize all or any such books, accounts or other documents, found as a result of such search;(iv) place marks of identification on such books, accounts or other documents or make or cause to be made extracts or copies therefrom (2) the authorised officer may requisition the services of any police officer or of any officer of the central government, or of both, to assist him for all or any of the purposes specified in sub-section (1) and it shall be the duty of every such police officer or officer to comply with such requisition(3) the authorised officer may, where it is not practicable to seize any such book, account or other document, specified in sub-section (1), serve an order on the person who is in immediate possession or control thereof that he shall not remove, part with or otherwise deal with it except with the previous permission of such officer and such officer may take such steps as may be necessary for ensuring compliance with this sub-section(4) the authorised officer may, during the course of the search or seizure, examine on oath any person who is found to be in possession or control of any books, accounts or other documents, and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under this act(5) the books, accounts, papers, receipts, vouchers, reports, or other documents seized under sub-section (1) shall not be retained by the authorised officer for a period exceeding one hundred and eighty days from the date of the seizure unless the reasons for retaining the same are recorded by him in writing and the approval of the authority for such retention is obtained:provided that the authority shall not authorise the retention of the books, accounts, papers, receipts, vouchers, reports, or other documents for a period exceeding thirty days after all the proceedings under this act, for which the books, accounts, papers, receipts, vouchers, reports, or other documents are relevant, are completed(6) the person from whose custody the books, accounts, papers, receipts, vouchers, reports, or other documents are seized under sub-section (1) may make copies thereof, or take extracts therefrom, in the presence of the authorised officer or any other person empowered by him in this behalf at such place and time as the authorised officer may appoint in this behalf(7) if a person legally entitled to the books, accounts, papers, receipts, vouchers, reports or other documents seized under sub-section (1) objects for any reason to the approval given by the authority under sub-section (5), he may make an application to the central government stating therein the reason for such objection and requesting for the return of the books, accounts, papers, receipts, vouchers, report or other documents(8) on receipt of the application under sub-section (7), the central government may, after giving the applicant an opportunity of being heard, pass such order as it thinks fit2 of 1974(9) the provisions of the code of criminal procedure, 1973 relating to searches and seizures shall apply, so far as may be, to every search and seizure made under sub-section (1)(10) the central government may, by notification, make rules in relation to any search or seizure under this section and in particular, and without prejudice to the generality of the foregoing power, such rules may provide for the procedure to be followed by the authorised officer,–(i) for obtaining ingress into such building or place to be searched where free ingress thereto is not available;(ii) for ensuring safe custody of any books, accounts, papers, receipts, vouchers, reports, or other documents seized under this sectionpower of authority to ensure compliance18 if the authority finds, after causing an inquiry to be made, that any person has violated, or is likely to violate, any provisions of this act, or any rule or regulation made thereunder, the authority may pass an order requiring such person to cease and desist from committing or causing such violationmanagement by administrator19 (1) if at any time the authority has reason to believe that the central recordkeeping agency or pension fund is acting in a manner likely to be prejudicial to the interests of subscribers, it may, after giving the central recordkeeping agency or pension fund, as the case may be, an opportunity of being heard, make a report thereon to the central government(2) if the central government, after considering the report made under sub-section (1)is of the opinion, that it is necessary or proper to do so, it may appoint an administrator to manage the affairs of the central recordkeeping agency or pension fund, as the case may be, under the direction and control of the authority, in such manner as may be specified by notification chapter v new pension systemnew pension system20 the contributory pension system notified by the government of india in the ministry of finance vide notification number f no 5/7/2003-ecb & pr, dated the 22nd december, 2003, as amended from time to time, and having the following basic features, shall form the new pension system under this act, namely:–(a) every subscriber shall have an individual pension account; (b) the functions of recordkeeping, accounting and switching of options by the subscriber shall be effected by the central recordkeeping agency;(c) there shall be a choice of multiple pension funds and multiple schemes; (d) there shall be portability of individual pension accounts in case of change of employment;(e) collection and transmission of contributions and instructions shall be through points of presence to the central recordkeeping agency;(f) there shall not be any implicit or explicit assurance of benefits except market based guarantee mechanism to be purchased by the subscriber;(g) a subscriber shall not exit from the new pension system except as specified by the central government by notification;(h) at exit, the subscriber shall purchase an annuity from a life insurance company as specified under the new pension system21 (1) the authority shall, by granting a certificate of registration under sub-section(3) of section 24, appoint a central recordkeeping agency:central recordkeeping agencyprovided that the authority may, in public interest, appoint more than one central recordkeeping agency(2) the central recordkeeping agency shall be responsible for receiving funds and instructions from subscribers through the points of presence, transmitting such instructions and transferring such funds to pension funds, effecting switching instructions received from subscribers and discharging such other duties and functions, as may be assigned to it under the certificate of registration or as may be determined by regulations(3) all the assets and properties owned, leased or developed by the central recordkeeping agency, shall constitute regulated assets and upon expiry of certificate of registration or earlier revocation thereof, the authority shall be entitled to appropriate and take over the regulated assets, either by itself or through an administrator or a person nominated by it in this behalf:provided that the central recordkeeping agency shall be entitled to be compensated the fair value, to be ascertained by the authority, of such regulated assets as determined by regulations:provided further that where the earlier revocation of the certificate of registration is based on violation of the conditions in the certificate of registration or the provisions of this act or regulations, unless otherwise determined by the authority, the central recordkeeping agency shall not be entitled to claim any compensation in respect of such regulated assetspoint of presence22 (1) the authority may, by granting a certificate of registration under sub-section(3) of section 24, permit one or more persons to act as a point of presence for the purpose of receiving contributions and instructions, transmitting them to the central recordkeeping agency and paying out benefits to subscribers in accordance with the regulations made by the authority from time to time in this regard(2) a point of presence shall function in accordance with the terms of its certificate of registration and the regulations made under this actpension funds23 (1) the authority may, by granting a certificate of registration under sub-section(3) of section 24, permit one or more persons to act as a pension fund for the purpose of receiving contributions, accumulating them and making payments to the subscriber in such manner as may be specified by regulations(2) the number of pension funds shall be determined by regulations and the authority may, in public interest, vary the number of pension funds(3) the pension fund shall function in accordance with the terms of its certificate of registration and the regulations made under this act(4) the pension fund shall manage the schemes in accordance with the regulations chapter vi registration of intermediaries24 (1) no intermediary, including a pension fund or a point of presence to the extent regulated under this act, shall commence any activity relating to a pension fund except under and in accordance with the conditions of a certificate of registration granted by the authority in accordance with the provisions of this act and the regulations:registration of central recordkeeping agency, pension fund, point of presence, etcprovided that any intermediary, including any point of presence, who may be associated with a pension scheme immediately before the establishment of the authority for which no registration certificate was necessary prior to such establishment, may continue to do so for a period of three months from such establishment or, if he has made an application for such registration within the said period of three months till the disposal of such application(2) every application for grant of a certificate of registration under this act shall be in such form and manner and shall be accompanied by such fees as may be determined by regulations(3) the authority may, after considering the application and subject to such terms and conditions as it may specify, grant a certificate of registration as a central recordkeeping agency, point of presence, pension fund or such other intermediary, as the case may be(4) the authority may, by order, suspend or cancel a certificate of registration granted under sub-section (3) in such manner as may be determined by regulations:provided that no order under this sub-section shall be made unless the person concerned has been given a reasonable opportunity of being heard chapter vii penalties and adjudication25 (1) any person, who is required under this act or any rules or regulations made thereunder,–(a) to obtain a certificate of registration from the authority for carrying on any activity under this act, carries on such activities without obtaining such certificate of registration, he shall be liable to a penalty of one lakh rupees for each day during which the failure continues or one crore rupees, whichever is less;penalty for failure by an intermediary or any other person to comply with provisions of the act, rules, regulations and directions(b) to comply with the terms and conditions of a certificate of registration fails to do so, he shall be liable to a penalty of one lakh rupees for each day during which the failure continues or one crore rupees, whichever is less;(c) to furnish any information, document, books, returns or report to the authority, fails to furnish the same within the time specified by the authority, he shall be liable to a penalty which may extend to one crore rupees or five times the amount of profits made or losses avoided, whichever is higher;(d) to maintain books of account or records, fails to maintain the same, he shall be liable to a penalty of one lakh rupees for each day during which the failure continues or five times the amount of profits made or losses avoided, whichever is higher (2) if any person, who is required under this act or any rules or regulations made thereunder, to enter into an agreement with his client, fails to enter into such agreement, he shall be liable to a penalty of one lakh rupees for each day during which the failure continues or five times the amount of profits made or losses avoided, whichever is higher(3) if any intermediary registered with the authority, after having been called upon by the authority, in writing, to redress the grievances of subscribers, fails to redress such grievances within the time stipulated by the authority, he shall be liable to a penalty of not more than one crore rupees or five times the amount of profits made or losses avoided, whichever is higher(4) if any person, who is registered under this act as an intermediary, fails to segregate moneys of the client or clients or uses the moneys of a client or clients for self or for any other client, he shall be liable to a penalty not exceeding one crore rupees or five times the amount of profits made or losses avoided, whichever is higher(5) whoever fails to comply with any provision of this act, the rules or the regulations made or the directions issued by the authority under the provisions of this act for which no separate penalty has been provided, he shall be liable to a penalty which may extend to one crore rupees or five times the amount of profits made or losses avoided, whichever is higher26 all sums realised by way of penalties under this act shall be credited to the subscriber education and protection fund established under sub-section (1) of section 38crediting sums realised by way of penalties to subscriber education and protection fund power to adjudicate27 (1) for the purposes of adjudging under section 25, the authority shall appoint any of its officers not below the rank specified by regulations to be an adjudicating officer for holding an inquiry as determined by regulations, after giving the person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty(2) while holding an inquiry, the adjudicating officer shall have the 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 section 25, he may recommend such penalty as he thinks fit in accordance with the provisions of that section, to the member in charge of investigation and surveillance(3) the penalty shall be imposed by a member other than the member in charge of investigation and surveillance:provided that while adjudging the quantum of penalty under section 25, the member shall have due regard to the following factors, namely:–(a) amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default;(b) amount of loss caused to a subscriber or group of subscribers; and (c) the repetitive nature of the default28 (1) any person aggrieved may apply to the authority for an interim measure of protection in respect of any of the following matters, namely:–attachment of assets and supersession of management of intermediary(a) the detention, preservation, interim custody or sale of any asset or property which is regulated by the provisions of this act;(b) securing any pension fund, monies and other assets and properties owned by or under the control of the pension fund;(c) interim injunction or appointment of an administrator; and (d) such other interim measures as may appear to the authority to be just and necessary, and the authority shall have power to make such orders including an order for attachment of assets of the pension fund as it deems fit in this regard(2) where, on a complaint received by the authority or suo motu, the authority, after conducting an inquiry, comes to a conclusion that the governing board or board of directors, by whatever name called, or the persons in control of any intermediary to the extent regulated under this act are indulging in any activity which is in contravention of the provisions of this act or regulations, it may supersede the governing board or board of directors or management of the intermediary in accordance with the provisions of the regulationsoffences29 (1) without prejudice to any award of penalty by the member under this act, if any person contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any rules or regulations made thereunder, he shall be punishable with imprisonment for a term which may extend to ten years, or with fine, which may extend to twenty-five crore rupees or with both(2) if any person fails to pay the penalty imposed by the member or fails to comply with any of the directions or orders issued by the member, he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to ten years, or with fine, which may extend to twenty-five crore rupees, or with bothpower to grant immunity30 (1) the central government may, on the recommendation by the authority, ifsatisfied, that any person, who is alleged to have violated any of the provisions of this act or the rules or the regulations made thereunder, has made a full and true disclosure in respect of alleged violation, grant to such person, subject to such conditions as it may think fit to impose, immunity from prosecution for any offence under this act, or the rules or the regulations made thereunder and also from the imposition of any penalty under this act with respect to the alleged violation:provided that no such immunity shall be granted by the central government in cases where the proceedings for the prosecution for any such offence have been instituted before the date of receipt of application for grant of such immunity:provided further that the recommendation of the authority under this sub-section shall not be binding upon the central government(2) an immunity granted to a person under sub-section (1) may, at any time, be withdrawn by the central government, if it is satisfied that such person had, in the course of the proceedings, not complied with the condition on which the immunity was granted or had given false evidence, and thereupon such person may be tried for the offence with respect to which the immunity was granted or for any other offence of which he appears to have been guilty in connection with the contravention and shall also become liable to the imposition of any penalty under this act to which such person would have been liable, had no such immunity been granted31 notwithstanding anything contained in–(i) the wealth tax act, 1957;exemption from tax on wealth, income, profits and gains27 of 1957 43 of 1961(ii) the income-tax act, 1961, or(iii) any other enactment for the time being in force relating to tax on wealth, income, profits or gains, the authority shall not be liable to pay wealth-tax, income-tax or any other tax in respect of its wealth, income, profits or gains derived32 (1) no court shall take cognizance of any offence punishable under this act or any rules or regulations made thereunder, save on a complaint made by the authoritycognizance of offences by court(2) no court inferior to that of a court of session shall try any offence punishable under this act33 (1) any person aggrieved by an order made by the authority or by an adjudicating officer under this act may prefer an appeal before the securities appellate tribunal which shall have jurisdiction over the matterappeal to securities appellate tribunal(2) every appeal under sub-section (1) shall be filed within a period of forty-five days from the date of receipt of the order appealed against and it shall be in such form and manner and shall be accompanied by such fee as may be prescribed:provided that the securities appellate tribunal may entertain an appeal after the expiry of the said period, if it is satisfied that there was sufficient cause for not preferring the appeal within that period(3) on receipt of an appeal under sub-section (1), the securities appellate tribunal may, after giving the parties to the appeal, an opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying or setting aside the order appealed against(4) the securities appellate tribunal shall send a copy of every order made by it to the authority, the parties to the appeal and to the adjudicating officers concerned(5) the appeal filed before the securities appellate tribunal 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 finally within six months from the date on which the appeal is presented to it15 of 1992(6) without prejudice to the provisions of sections 15t and 15u of the securities andexchange board of india act, 1992, the securities appellate tribunal shall deal with an appeal under this section in accordance with such procedure as may be prescribedcivil court not to have jurisdiction34 no civil court shall have jurisdiction to entertain any suit or proceeding in respectof any matter which an adjudicating officer appointed under this act or a securities 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 actappeal to supreme court35 any person aggrieved by any decision or order of the securities appellate tribunal under this act may file an appeal to the supreme court within sixty days from the date of communication of the decision or order of the securities appellate tribunal to him on any question of law arising out of such order:provided that the supreme court may, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within the said period, allow it to be filed within a further period not exceeding sixty days chapter viii finance, accounts and auditgrants by central government36 the central government may, after due appropriation made by parliament by law in this behalf, make to the authority grants of such sums of money as that government may think fit for being utilised for the purposes of this act37 (1) there shall be constituted a fund to be called the pension regulatory and development fund and there shall be credited thereto–(a) all government grants, fees and charges received by the authority;constitution of pension regulatory and development fund(b) all sums received by the authority from such other source as may be decided upon by the central government (2) the fund shall be applied for meeting–(a) the salaries, allowances and other remuneration of the chairperson and other members and officers and other employees of the authority;(b) other expenses of the authority in connection with the discharge of its functions and for the purposes of this act 38 (1) the authority shall establish a fund to be called the subscriber education and protection fundconstitution of subscriber education and protection fund(2) there shall be credited to the subscriber education and protection fund the following amounts, namely:–(a) grants and donations given to the subscriber education and protection fund by the central government, state governments, companies or any other institutions for the purposes of the subscriber education and protection fund;(b) the interest or other income received out of the investments made from the subscriber education and protection fund;(c) the sums realised by way of penalties by the authority under section 26(3) the subscriber education and protection fund shall be administered and utilised by the authority for protection of the interests of subscribers in accordance with regulations made for the purposeaccounts and audit39 (1) the authority shall maintain proper accounts and other relevant records andprepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india(2) the accounts of the authority shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditor-general(3) the comptroller and auditor-general of india and any other person appointed by him in connection with the audit of the accounts of the authority shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authority(4) the accounts of the authority as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf, together with the audit-report thereon, shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliament chapter ix miscellaneouspower of central government to issue directions40 (1) without prejudice to the foregoing provisions of this act, the authority shall, in exercise of its powers or the performance of its functions under this act, be bound by such directions on questions of policy, other than those relating to technical and administrative matters, as the central government may give, in writing to it, from time to time:provided that the authority shall, as far as practicable, be given an opportunity to express its views before any direction is given under this sub-section(2) the decision of the central government, whether a question is one of policy or not, shall be final41 (1) if at any time the central government is of the opinion that–power of central government to supersede the authority(a) on account of circumstances beyond the control of the authority, it is unable to discharge the functions or perform the duties imposed on it by or under the provisions of this act; or(b) the authority has persistently defaulted in complying with any direction issued by the central government that the central government is entitled to issue 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 deteriorated; or(c) circumstances exist which render it necessary in the public interest so to do, the central government may, by notification and for reasons to be specified therein, supersede the authority for such period, not exceeding six months, as may be specified in the notification:provided that before issuing any such notification, the central government shall give a reasonable opportunity to the authority to make representations against the proposed supersession and shall consider the representations, if any, of the authority(2) upon the publication of a notification under sub-section (1) superseding the authority,–(a) the chairperson and other members shall, as from the date of supersession, vacate their offices as such;(b) all the powers, functions and duties which may, by or under the provisions of this act, be exercised or discharged by or on behalf of the authority shall, until the authority is reconstituted under sub-section (3), be exercised and discharged by the central government; and(c) all properties owned or controlled by the authority shall, until the authority is reconstituted under sub-section (3), vest in the central government (3) on or before the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government shall reconstitute the authority(4) the central government shall, as soon as may be, cause a copy of the notification issued under sub-section (1) and a full report of any action taken by it, to be laid before each house of parliamentfurnishing of returns, etc, to central government42 (1) the authority shall furnish to the central government at such time and in such form and manner as may be prescribed, or as the central government may direct to furnish such returns, statements and other particulars in regard to any proposed or existing programme for the promotion and development of the pension industry as the central government may, from time to time, require(2) without prejudice to the provisions of sub-section (1), the authority shall, within nine months after the close of each financial year, submit to the central government a report giving a true and full account of its activities including the activities for promotion and development of schemes of pension funds regulated under this act during the previous financial year(3) copies of the reports received under sub-section (2) shall be laid, as soon as may be, after they are received, before each house of parliament45 of 186043 the chairperson and other members and officers and other employees of the authority shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal codemembers, officers and employees ofthe authority tobe public servants protection of action taken in good faith44 no suit, prosecution or other legal proceedings shall lie against the central government or the authority or any officer of central 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 thereunderoffences by companies45 (1) where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he has exercised all due diligence to prevent the commission of such offence(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to, any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordinglyexplanation–for the purposes of this section–(a) "company" means any body corporate and includes a firm or other association of individuals; and(b) "director", in relation to a firm, means a partner in the firmpower to make rules46 (1) the central government may, by notification, make rules for carrying out the provisions of this act(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–(a) the salary and allowances payable to and the other conditions of service of the chairperson and whole-time members under sub-section (1) of section 7;(b) the allowances payable to part-time members under sub-section (2) of section 7;(c) the additional functions which may be performed by the authority under clause (p) of sub-section (2) of section 14;(d) any other matter in respect of which the authority may exercise the powers of a civil court under clause (v) of sub-section (3) of section 14;(e) the procedure to be followed by the authorised officer under sub-section(10) of section 17;(f) the form and manner in which an appeal may be filed before the securities appellate tribunal and the fee which shall accompany such appeal, under sub-section (2) of section 33;(g) the procedure to be followed by the securities appellate tribunal in dealing with an appeal, under sub-section (6) of section 33;(h) the form in which annual statement of accounts shall be maintained by the authority under sub-section (1) of section 39;(i) the time within which and the form and manner in which returns and reports are to be made by the authority to the central government under sub-section (1) of section 42;(j) 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 regulations47 (1) the authority may, by notification, make regulations consistent with this act and the rules made thereunder for carrying out the provisions of this act(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:–(a) the time and places of meetings of the authority and the procedure to be followed at such meetings (including the quorum at such meetings) under sub-section (1) of section 10;(b) the terms and other conditions of service of the officers and other employees of the authority under sub-section (2) of section 12;(c) the regulations to be made by the authority in respect of pension schemes referred to in clause (b) of sub-section (1) of section 13 and the time within which such schemes should conform to the regulations, made under sub-section (2) of that section;(d) the establishing of mechanisms for redressing grievances of subscribers under clause (f) of sub-section (2) of section 14;(e) the form and manner in which books of account shall be maintained and statement of accounts shall be rendered by intermediaries under clause (n) of subsection (2) of section 14;(f) the duties and functions of central recordkeeping agency under sub-section(2) of section 21;(g) the determination of compensation of fair value of the regulated assets payable to central recordkeeping agency under proviso to sub-section (3) of section 21;(h) the manner of receiving contributions and instructions and transmitting them to the central recordkeeping agency and paying out the benefits to the subscribers, under sub-section (1), and the regulations governing functioning of points of presence under sub-section (2), of section 22;(i) the manner in which a pension fund may receive contributions, accumulate them and make payments to the subscriber under sub-section (1), the number of pension funds under sub-section (2), the functioning of the pension fund under sub-section (3), and the manner of managing the schemes by the pension fund under sub-section (4), of section 23;(j) the form and manner in which an application for grant of certificate of registration shall be made and the fee which shall accompany such application under sub-section (2) of section 24;(k) the conditions subject to which a certificate of registration may be granted to an intermediary under sub-section (3) of section 24;(l) the procedure and manner of suspension or cancellation of certificate of registration of intermediaries under sub-section (4) of section 24;(m) the procedure for holding inquiry by an adjudicating officer under subsection (1) of section 27;(n) the supersession of the governing board or board of directors of the intermediary under sub-section (2) of section 28;(o) the manner of administering and utilising the subscriber education and protection fund under sub-section (3) of section 38;(p) delegation of powers and functions of the authority to committees under sub-section (2) of section 50;(q) any other matter which is required to be or may be specified by regulations or in respect of which provision is to be or may be made by regulationsrules and regulations to be laid before parliament48 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 difficulties49 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to be necessary for removing the difficulty:provided that no order shall be made under this section after the expiry of five years from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentdelegation of powers50 (1) the authority may, by general or special order in writing, delegate to anymember, 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 powers under section 47) as it may deem necessary(2) the authority may, by a general or special order in writing, also form committees of the members and delegate to them the powers and functions of the authority as may be specified by the regulations51 the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in forceapplication of other laws not barredsavings52 anything done or any action taken by the central government under the resolutionof the government of india in the ministry of finance number fno 5/7/2003-ecb&pr, dated the 10th october, 2003 and notification number f no 5/7/2003-ecb & pr, dated the 22nd december, 2003, shall be deemed to have been done or taken under the corresponding provisions of this actrepeal and savingord 8 of 200453 (1) the pension fund regulatory and development authority ordinance, 2004 ishereby repealed(2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under the corresponding provisions of this actstatement of objects and reasonsthe central government operationalised the new pension system (nps) from1st january, 2004 through a notification dated the 22nd december, 2003 the nps is mandatory for new recruits to the central government services (except to the armed forces in the first stage)2 an early legislative mandate was considered necessary as the nps was already in place without the full architecture and a statutory regulatory mechanism contributions are not being invested as envisaged under the nps and are being credited, in the interim, into the public account, earning an administered rate of return equal to the rate on the general provident fund further, more than 40,000 new central government employees are already mandatorily covered by the nps since 1st january, 2004 and it became imperative to quickly replace the interim arrangements with proper infrastructure under a regulatory framework in order to avoid future complications3 seven state governments, namely, the governments of andhra pradesh, chhattisgarh, himachal pradesh, jharkhand, manipur, rajasthan and tamil nadu have already notified and introduced defined contribution pension schemes and intend to join the nps some of the other state governments have also evinced interest in joining the nps as and when its architecture and mechanism are ready it is, therefore, crucial that the full architecture and regulatory mechanism are quickly put in place4 in view of the urgency of the matter, the pension fund regulatory and development authority ordinance, 2004 (ord 8 of 2004) was promulgated on the 29th december, 2004 to provide for the establishment of an authority to promote old age income security by establishing, developing and regulating pension funds, to protect the interests of subscribers to schemes of pension funds and for matters connected therewith or incidental thereto5 the aforesaid ordinance, inter alia, provides for—(i) establishing a statutory regulatory body to be called the pension fund regulatory and development authority (pfrda) which will undertake promotional, developmental and regulatory functions in respect of pension funds;(ii) empowering pfrda to regulate the new pension system, as amended from time to time by the central government;(iii) empowering pfrda to perform promotional, developmental and regulatory functions relating to pension funds (including authorising and regulating intermediaries) through regulations or guidelines, prescribing disclosure standards, protecting the interests of subscribers to schemes of pension funds;(iv) authorising pfrda to levy fees for services rendered, etc, to meet its expenses;(v) empowering pfrda to impose penalties for any violation of the provisions of the legislation6 the bill seeks to replace the said ordinance the notes on clauses explain in detail the various provisions contained in the billnew delhi;p chidambaramthe 12th february, 2005 ———— president's recommendation under articles 117 and 274 of the constitution of india[copy of letter no 5/52/2004-ecb&pr dated the 23rd february, 2005 from shri p chidambaram, minister of finance to the secretary-general, lok sabha]the president, having been informed of the subject matter of the pension fund regulatory and development authority bill, 2005, has recommended, under clause (1) of article 117 and article 274 of the constitution of india, the introduction of the bill in lok sabha, and consideration of the bill by lok sabha under clause (3) of article 117 of the constitution notes on clausesclause 1— this clause gives the short title of the bill, its extent and commencementsub-clause (3) provides that the proposed legislation shall be deemed to have come into force on the 29th december, 2004clause 2— this clause contains definitions of various expressions used in the billthe definitions of "authority", "central recordkeeping agency", "intermediary", "new pension system", "pension fund" and "point of presence" are some of them an intermediary includes pension fund, central recordkeeping agency, pension fund adviser, retirement adviser, point of presence and such other person or entity connected with collection, management, record keeping and distribution of accumulationsclause 3— this clause seeks to provide for the establishment and incorporation of an authority to be called the pension fund regulatory and development authority sub-clause (3) provides that the head office of the authority shall be in the national capital region sub-clause (4) empowers the authority to establish offices at other places in indiaclause 4—this clause specifies the composition of the authority the authority shall consist of a chairperson and not more than five members of whom at least three shall be whole-time members to be appointed by the central government from amongst persons of ability, integrity and standing and having experience and knowledge in economics, finance, law or administrative matters with at least one member from each disciplineclause 5—this clause contains provisions in respect of the term of office and conditions of service of the chairperson and other members of the authority sub-clause (1) provides that the chairperson and every whole-time member will hold office for a term of five years or till attaining the age of sixty-five years in case of the chairperson and sixty-two years in case of other members, whichever is earlier and they will be eligible for reappointment sub-clause (2) provides that part-time members shall be entitled to hold office as such for a term not exceeding five years sub-clause (3) provides that a member can relinquish his office by giving notice of at least thirty days in writing to the central government or he may be removed by the central government as per the provisions of clause 6clause 6—this clause lays down the various grounds on which the members of the authority can be removed from office sub-clause (1) empowers the central government to remove the chairperson or any other member on grounds of insolvency, physical or mental incapacity, conviction of an offence involving moral turpitude, acquisition of financial or other interest prejudicial to his functions as a member or abuse of position sub-clause (2) provides that where the grounds for removal of the chairperson or other member are acquisition of financial or other prejudicial interest or abuse of position, he shall not be removed unless he has been given a reasonable opportunity of being heard in the matterclause 7—this clause provides that the salary, allowances and other terms and conditions of service of the chairperson and whole-time members and the allowances of part-time members shall be laid down by the central government, by rules and that they shall not be varied to their disadvantage after their appointmentclause 8—this clause provides for bar on future employment of chairperson and whole-time members under the central government or any state government or in any regulated entity in the pension sector, for a period of two years from the date on which they cease to hold office, except with the prior approval of the central governmentclause 9—this clause provides that the chairperson shall have the powers of general superintendence and directions in respect of all administrative matters of the authorityclause 10—this clause contains detailed provisions regarding conduct of meetings of the authority sub-clause (1) empowers the authority to frame regulations regarding rules of procedure for transaction of business at its meetings (including the quorum at such meetings) and the time and places of such meetings sub-clause (2) provides that the chairperson will preside at the meetings of the authority and in his absence, the members present may choose any other member from amongst themselves to preside over sub-clause (3) provides that the decisions at the meetings of the authority will be taken by a majority of votes and the chairperson or the member presiding over will have a second or casting vote sub-clause (4) provides that any member who is a director of a company will disclose any direct or indirect pecuniary interest in any matters to be discussed at a meeting of the authority and will not take part in any related deliberations or decisions further, such disclosure is to be recorded in the proceedings of the meetingclause 11—this clause seeks to provide that mere existence of any vacancy or defect in the constitution of the authority or any irregularity in procedure which does not affect the merits of the case will not invalidate any act or proceeding of the authorityclause 12—this clause empowers the authority to appoint such officers and other employees as may be necessary for its efficient functioning under the proposed legislation the authority is also empowered to make regulations providing for laying down the detailed terms and other conditions of service of its officers and employeesclause 13—this clause provides for the extent and application of the proposed legislation the proposed legislation will apply to the new pension system notified by the government of india in the ministry of finance vide notification number 5/7/2003-ecb &pr dated 22nd december, 2003 and any other pension scheme not regulated by any other enactment the authority shall make regulations for these pension schemes and specify the time limit within which these schemes have to conform to such regulations sub-clause (3) specifically excludes from the provisions of the proposed legislation, the schemes or funds under the coal mines provident fund and miscellaneous provisions act, 1948, the employees' provident funds and miscellaneous provisions act, 1952, the seamen's provident fund act, 1966, the assam tea plantations provident fund and pension fund scheme act, 1955, the jammu and kashmir employees' provident funds act, 1961, contracts referred to in sub-section (11) of section 2 of the insurance act, 1938, and any other pension scheme, which the central government may, by notification, exempt from the application of this the proposed legislation further the said sub-clause excludes from the purview of the proposed legislation, central government employees appointed before 1st january, 2004, persons appointed to all-india services and to persons in public services appointed in connection with the affairs of any state, or such union territories as may be specified by the central government by notification sub-clause (4), however, provides that any state government may, by notification, extend the new pension system to its employees sub-clause (5) enables any person specifically excluded under sub-clause (3) to voluntarily join the new pension systemclause 14— this clause contains provisions regarding the duties, powers and functions of the authority sub-clause (1) provides that the authority shall have the duty to regulate, promote and ensure the orderly growth of the new pension system and pension schemes to which this act applies and, to protect the interests of subscribers of such system and schemes sub-clause (2) specifies the powers and functions of the authority these, inter alia, include regulation of the new pension system and the pension schemes to which the proposed legislation shall apply; approving schemes and their terms and conditions, laying down of norms for the management of the corpus of the pension funds including investment guidelines; registration and regulation of intermediaries; protection of the interests of subscribers to pension funds, establishment of a grievance redressal mechanism, adjudication of disputes between intermediaries and between intermediaries and subscribers and standardization of information dissemination regarding performance of pension funds and performance bench marks sub-clause (3) empowers the authority to exercise certain powers which are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of (i) the discovery and production of books of account and other documents, at places and times specified by the authority; (ii) summoning and enforcing the attendance of persons and examining them on oath; (iii) inspection of any books, registers and other documents of intermediaries, at any place; (iv) issuing commissions for the examination of witnesses or documents; and (v) any other matter which may be specified by central government by rules sub-clause (4) provides that pending enquiry or investigation, the authority may, by an order, for reasons to be recorded in writing, in the interests of subscribers (i) restrain persons from participating in any scheme; (ii) restrain any office bearer of an intermediary from acting as such; (iii) impound and retain the proceeds under the scheme in respect of any activity which is under investigation; (iv) attach bank accounts of any intermediary or any person associated with the scheme who is in any manner involved in violation of any of the provisions of the proposed legislation or the rules or regulations made thereunder this can be done for a period not exceeding one month, with the approval of a judicial magistrate of the first class having jurisdiction however, only the bank account or any transaction entered therein, relating to the proceeds actually involved in the violation of any of the provisions of the proposed legislation or the rules or regulations made thereunder can be attached further, the authority can direct any intermediary or any person associated with the scheme in any manner not to dispose of or alienate an asset forming part of any activity which is under investigation however, the authority has to give such intermediaries or persons concerned an opportunity of being heardclause 15—this clause seeks to empower the authority to issue directions to intermediaries or persons or entities associated with pension funds if it is satisfied, after an inquiry, that it is necessary to do so in the interests of subscribers or orderly development of new pension system or a pension scheme to which the proposed legislation applies or to prevent the conduct of affairs of any such intermediary or other persons or entities in a manner detrimental to the interests of subscribers or to secure the proper management of any such intermediary or person or entity however, before or after passing such orders, the authority has to give an opportunity of hearing to such intermediaries, entities or persons concernedclause 16—this clause contains provisions relating to powers to investigation subclause (1) empowers the authority to direct a person (investigating authority) to investigate and report on the affairs of intermediaries or persons associated with a pension fund if the authority has a reasonable ground to believe that the activities of the pension fund are being conducted in a manner detrimental to the interests of subscribers or that any intermediary or any person associated with the schemes of the pension fund has violated any of the provisions of the proposed legislation or the rules, regulations made thereunder or directions issued by the authority sub-clause (2) seeks to provide that without prejudice to the provisions of sections 235 to 241 of the companies act, 1956, in case of companies, every employee and every intermediary or every person associated with the pension fund has to preserve and produce all the books, registers and other documents of, or relating to the company, the intermediary or such person, which are in their custody or power, to the investigating authority or authorised person sub-clause (3) empowers the investigating authority to require any intermediary or person associated with the pension fund to furnish any material which is relevant or necessary for the purposes of its investigation sub-clause (4) provides that the investigating authority can keep such material in its custody for six months and thereafter it has to return the same however, the investigating authority can call for the material if needed again further, if the person on whose behalf the material is produced requires certified copies of the same, then the investigating authority has to give certified copies sub-clause (5) empowers the investigating authority to examine on oath, any intermediary or any person associated with the pension fund in any manner, in relation to the affairs of his business sub-clause (6) of the proposed section requires that notes of any examination under have to be taken down in writing, read over to, or by, and signed by, the person examined, and may thereafter be used in evidence against him sub-clause (7) provides that if any person fails without reasonable cause to produce any relevant material or information to the investigating authority or authorised person or to appear before the investigating authority personally when required to do so or to answer any question which is put to him by the investigating authority while under examination; or to sign the notes of any examination, then he will be punishable with imprisonment for a term which may extend to one year, or with fine, which may extend to twenty five crore rupees, or with both, and also with a further fine which may extend to ten lakh rupees for every day after the first day during which the failure or refusal continuesclause 17—this clause contains provisions relating to powers of search and seizure of the authority sub-clause (1) provides that if the authority has information causing it to believe that any person, who is required to do so, does not or will not provide books, documents or other material relevant for an investigation; or that the provisions of this act have been or may be contravened; or that any claim to be settled by the intermediary is likely to be rejected or settled at a figure higher or lower than a reasonable amount; or that any illegal fees and charges have been transacted or are likely to be transacted by an intermediary; or that relevant material are likely to be tampered with, falsified or manufactured, then the authority can authorise any officer of the authority, who is equivalent in rank to that of a gazetted officer of the government, to enter and search any building or place where he suspects such books, documents and other material may be kept, seize all such material, place marks of identification on them, take extracts from them or make copies sub-clause (2) provides that the authorised officer may requisition the services of any police officer or of any officer of the central government, or of both, to assist him in the exercising the powers of search and seizure sub-clause (3) provides that if it is not practicable to seize any relevant book, document and other material, the authorised officer can serve an order on the person in immediate possession or control of the relevant book, document or other material, as the case may be, that he shall not remove, part with or otherwise deal with them except with the previous permission of such officer sub-clause (4) empowers the authorised officer to examine on oath any person who is found to be in possession or control of any books, accounts or other documents, and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under the proposed legislation sub-clause (5) provides that the books, accounts, papers and other documents seized shall not be retained by the authorised officer for more than one hundred and eighty days from the date of the seizure unless he records the reasons in writing and obtains the approval of the authority however, the authority cannot authorise the retention of the same for more than thirty days after all the related proceedings under the proposed legislation are completed sub-clause (6) provides that the person from whose custody the books, accounts and other documents are seized may make copies of the same and take extracts from them, in the presence of the authorised officer or any other person empowered by him sub-clause (7) provides that if a person legally entitled to the books, and other documents seized objects for any reason to the approval given by the authority for retention of the same, he may make an application to the central government for their return sub-clause (8) provides that on receipt of the above application the central government may, after giving the applicant an opportunity of being heard, pass such order as it thinks fit sub-clause (9) provides that the provisions of the code of criminal procedure, 1973 relating to searches and seizures shall apply to the extent possible, to every search and seizure sub-clause (10) empowers the central government to make rules in relation to search or seizureclause 18—this clause empowers the authority to ensure compliance with the provisions of the proposed legislation if the authority finds, after causing an inquiry to be made, that any person has violated, or is likely to violate, any provisions of the proposed legislation, or the rules or regulations made thereunder, the authority may pass an order requiring such person to cease and desist from committing or causing such violationclause 19—this clause contains provisions regarding management of central recordkeeping agency or pension funds by an administrator to be appointed by the central government sub-clause (1) provides that if at any time the authority has reason to believe that the central recordkeeping agency or pension fund is acting in a manner likely to be prejudicial to the interests of subscribers, it may, after giving an opportunity to it of being heard, make a report to the central government sub-clause (2) provides that if the central government, after considering the above report considers that it is necessary or proper to do so, it may appoint an administrator to manage the affairs of the central recordkeeping agency or pension fund, as the case may be, under the direction and control of the authority, in a manner specified by notificationclause 20—this clause describes the new pension system as notified by the government of india in the ministry of finance vide notification number f no 5/7/2003- ecb & pr dated the 22nd december, 2003, as amended from time to time it also specifies the basic features of the new pension system these are– (a) every subscriber shall have an individual pension account; (b) the functions of recordkeeping, accounting and switching of options by the subscriber shall be effected by the central recordkeeping agency; (c) there shall be a choice of multiple pension funds and schemes; (d) individual pension accounts will be portable in case of change of employment; (e) collection and transmission of contributions and instructions shall be through points of presence to the central recordkeeping agency; (f) there shall not be any implicit or explicit assurance of benefits except market based guarantee mechanism to be purchased by the subscriber; (g) a subscriber shall not exit from the new pension system except as specified by the central government by, notification; and (h) at exit, the subscriber shall purchase an annuity from a life insurance company as specified under the new pension systemclause 21—this clause contains provisions regarding the central recordkeeping agency sub-clause (1) empowers the authority to appoint a central recordkeeping agency by granting a certificate of registration the authority may, in public interest, appoint more than one central recordkeeping agency sub-clause (2) provides that the central recordkeeping agency shall be responsible for receiving funds and instructions from subscribers through the points of presence, transmitting such instructions and transferring such funds to pension funds, effecting switching instructions received from subscribers and discharging such other duties and functions, as may be assigned to it under the certificate of registration or as may be determined by regulations sub-clause (3) provides that all the assets and properties of the central recordkeeping agency are regulated assets when the certificate of registration of the central recordkeeping agency expires or is revoked then the authority can appropriate and take over the regulated assets however, the central recordkeeping agency will be entitled to be compensated the fair value of the regulated assets, as determined by regulations, unless the revocation is on account of any violation of the conditions of the certificate of registration or the provisions of the proposed legislation or the regulationsclause 22—this clause contains provisions regarding points of presence sub-clause(1) empowers the authority to permit points of presence, by granting them registration certificates, to receive contributions and instructions, transmit them to the central recordkeeping agency and pay out benefits to subscribers in accordance with the regulations made by the authority sub-clause (2) provides that a point of presence shall function in accordance with the terms of its registration certificate and regulations made under the proposed legislationclause 23—this clause contains provisions regarding pension funds sub-clause (1)provides that the authority may, by granting registration certificates, permit persons to act as pension funds for the purpose of receiving contributions, accumulating them and making payments to the subscriber as specified by regulations sub-clause (2) provides that the number of pension funds shall be determined by regulations and the authority may, in public interest, vary the number of pension funds sub-clause (3) provides that a pension fund shall function in accordance with the terms of its registration certificate and regulations made under the proposed legislation sub-clause (4) provides that the pension fund shall manage schemes in accordance with the regulationsclause 24—this clause provides for the registration of intermediaries including central recordkeeping agency, pension funds and points of presence sub-clause (1) provides that no intermediary, to the extent regulated under the proposed legislation, can commence any activity relating to a pension fund except as provided in the registration certificate subclause (2) provides that every application for grant of a registration certificate under the proposed legislation shall be in the form and manner and accompanied by such fees as determined by the authority by regulations made by it sub-clause (3) provides that the authority may grant the registration certificate, after considering the application and subject to such terms and conditions as it may specify sub-clause (4) provides that the authority may, by order, suspend or cancel a certificate of registration in a manner determined by regulations however, it can only do so after giving a reasonable opportunity of being heard to the person concernedclause 25—this clause contains provisions regarding penalties for failure by an intermediary or any other person to comply with provisions of this proposed legislation, rules, regulations and other directions sub-clause (1) lays down certain penalties if any person, who is required under the proposed legislation or rules or regulations made thereunder to obtain a certificate of registration from the authority for carrying on any activity under the proposed legislation, carries on such activities without doing so, he shall be liable to a penalty of one lakh rupees for each day during which the failure continues or one crore rupees, whichever is less further, if any person who is required to comply with the terms and conditions of certificate of registration fails to do so, he shall be liable to a penalty of one lakh rupees for each day during which the failure continues or one crore rupees, whichever is less if any person who is required to furnish any information, document, books, returns or report to the authority, fails to furnish the same within the time specified by the authority, he shall be liable to a penalty which may extend to one crore rupees or five times the amount of profits made or losses avoided, whichever is higher if any person who is required to maintain books of accounts or records, fails to maintain the same, he shall be liable to a penalty of one lakh rupees for each day during which the failure continues or five times the amount of profits made or losses avoided, whichever is higher sub-clause (2) provides that if any person, who is required under the proposed legislation or the rules or regulations made thereunder, to enter into an agreement with his client, fails to do so, he shall be liable to a penalty of one lakh rupees for each day during which the failure continues or five times the amount of profits made or losses avoided, whichever is higher sub-clause (3) provides that if any intermediary registered with the authority, after having been called upon by the authority, in writing, to redress the grievances of subscribers, fails to do so within the time stipulated by the authority, he shall be liable to a penalty of not more than one crore rupees or five times the amount of profits made or losses avoided, whichever is higher sub-clause (4) provides that if any person, who is registered under this act as an intermediary, fails to segregate moneys of the client or clients or uses the moneys for self or for any other client, he shall be liable to a penalty not exceeding one crore rupees or five times the amount of profits made or losses avoided, whichever is higher sub-clause (5) provides that whoever fails to comply with any provision of this act, rules, regulations or directions issued by the authority for which no separate penalty has been provided, shall be liable to a penalty which may extend to one crore rupees or five times the amount of profits made or losses avoided, whichever is higherclause 26—this clause provides that all sums realised by way of penalties under the proposed legislation shall be credited to the subscriber education and protection fundclause 27—this clause empowers the authority to adjudicate on matters relating to penaltiessub-clause (1) provides that for the purposes of adjudging on penalties, the authority shall appoint any of its officers not below the rank specified by regulations to be an adjudicating officer for holding an inquiry as determined by regulations, after giving the person concerned a reasonable opportunity of being heard for the purpose of imposing any penalty sub-clause (2) provides the adjudicating officer with the 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 relevant document if, on such inquiry, he is satisfied that the person has failed to comply with the matters referred to in the section on penalties, he may recommend a penalty to the member in charge of investigation and surveillance subclause (3) provides that the penalty shall be imposed by a member other than the member in charge of investigation and surveillance further, while adjudging the quantum of penalty the member has to take into account the amount of disproportionate gain or unfair advantage made as a result of the default the amount of loss caused to subscribers and the repetitive nature of the defaultclause 28—this clause provides for attachment of assets and supersession of management of intermediaries sub-clause (1) provides that on receiving an application from aggrieved persons for an interim measure of protection, the authority can pass an order for the detention, preservation, interim custody or sale of any asset or property which is regulated by the provisions of the proposed legislation, securing any pension funds, monies and other assets and properties of the pension fund interim injunction or appointment of an administrator, the attachment of assets of the pension fund and such other interim measures as the authority may consider it to be just and necessary sub-clause (2) provides that if on a complaint received by the authority or suo motu, the authority, after conducting an enquiry comes to a conclusion that the governing board or board of directors or the persons in control of any intermediary, to the extent regulated under the proposed legislation, are indulging in any activity which is in contravention of the provisions of the proposed legislation or the regulations made thereunder, it may supersede the governing board or board of directors or management of the intermediary in accordance with the provisions of the regulationsclause 29—this clause deals with offences sub-clause (1) provides that if any person contravenes or attempts to contravene or abets the contravention of the provisions of the proposed legislation or the rules or regulations made thereunder, he shall be punishable with imprisonment for a term which may extend to ten years, or with fine, which may extend to twenty five crore rupees or with both sub-clause (2) provides that if any person fails to pay the penalty imposed by the member or fails to comply with any of the directions or orders issued by the member, he shall be punishable with imprisonment for a term of at least one month, which may extend to ten years, or with fine, which may extend to twenty-five crore rupees, or with bothclause 30—this clause empowers the central government to grant immunity subclause (1) provides that the central government, on the recommendation of the authority, may grant immunity from prosecution and from the imposition of penalties, to any person alleged to have violated any of the provisions of the proposed legislation or the rules or regulations made thereunder, if he makes a full and true disclosure regarding the violation however, the recommendation of the authority is not binding on central government, and moreover, if the prosecution proceedings were instituted before the application for immunity was received, then the central government cannot grant immunity sub-clause (2) empowers the central government to withdraw the immunity if it is satisfied that the person concerned had, during the proceedings, not complied with the condition on which the immunity was granted or had given false evidenceclause 31—this clause seeks to exempt the authority from tax on wealth, income, profits and gainsclause 32—this clause provides for cognizance of offences by court sub-clause (1)provides that no court can take cognizance of any offence punishable under the proposed legislation or the rules or regulations made thereunder, except on a complaint made by the authority sub-clause (2) provides that no court inferior to that of a court of session can try any offence punishable under the proposed legislationclause 33—this clause provides for appeal to the securities appellate tribunalsub-clause (1) provides that any person aggrieved by an order made by the authority or by an adjudicating officer may appeal before the securities appellate tribunal sub-clause (2) provides that such appeals have to be filed within forty-five days from the date of receipt of the order appealed against and also empowers the central government to make rules regarding the form, manner and fees for such appeals however, the securities appellate tribunal may entertain an appeal after the expiry of the said period, if it is satisfied that there was sufficient cause for not filing it within that period sub-clause (3) provides that on receipt of an appeal, the securities appellate tribunal may pass orders after giving the parties to the appeal an opportunity being heard sub-clause (4) provides that the securities appellate tribunal has to send a copy of every order made by it to the authority, the parties to the appeal and to the adjudicating officers concerned sub-clause (5) provides that the securities appellate tribunal has to deal with an appeal filed before it as expeditiously as possible and endeavour to dispose of it finally within six months from the date on which it received the appeal sub-clause (6) provides empowers the central government to make rules regarding the procedure to be followed by the securities appellate tribunal for dealing with an appealclause 34—this clause lays down that no civil court can entertain any suit or proceeding in respect of any matter which an adjudicating officer appointed under the proposed legislation or a securities appellate tribunal is empowered to determine under the proposed legislation further, no court or other authority shall be competent to grant an injunction in respect of any action taken or to be taken as empowered under the proposed legislationclause 35—this clause provides that any person aggrieved by any decision or order of the securities appellate tribunal under the proposed legislation may file an appeal to the supreme court on any question of law arising out of such order this has to be done within sixty days from the date of communication of the decision or order however, the supreme court may allow an appeal to be filed within a further sixty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal within sixty daysclause 36—this clause provides that the central government may sanction grants to the authority after due appropriation made by parliament, to be utilised for the purposes of the proposed legislationclause 37—this clause contains provisions regarding the pension regulatory and development fund sub-clause (1) provides for the constitution of the fund into which all government grants, fees and charges received by the authority and all sums received by the authority from other sources decided by the central government, will be credited subclause (2) provides that the fund is to be used for meeting the salaries, allowances and other remuneration of the chairperson and other members and officers and other employees of the authority and other expenses of the authority in connection with the discharge of its functions and for the purposes of the proposed legislationclause 38—this clause contains provisions regarding the subscriber education and protection fund sub-clause (1) provides for the establishment of the subscriber education and protection fund sub-clause (2) provides that all grants and donations given to the fund by the central government, state governments, companies or any other institutions for the purposes of the fund, the interest or other income received out of the investments made from the fund and penalties received by the authority will be credited to the fund subclause (3) provides that the fund shall be administered and utilised by the authority for protection of the interests of subscribers in accordance with regulations made for the purposeclause 39—this clause contains provisions regarding accounts and audit of the authority sub-clause (1) provides that the authority has to maintain proper accounts and other relevant records and prepare an annual statement of accounts according to rules made by the central government in consultation with the comptroller and auditor-general of india sub-clause (2) provides that the accounts of the authority shall be audited by the comptroller and auditor-general of india sub-clause (3) provides that the comptroller and auditor-general of india and any other person appointed by him of the authority shall have the same rights, privileges and authority as the comptroller and auditor-general, generally has in connection with the audit of government accounts and can demand the production of books, accounts and other documents and inspect any of the offices of the authority sub-clause (4) provides that the audited accounts of the authority have to be forwarded annually to the central government which then has to lay them before each house of parliamentclause 40—this clause empowers central government to issue directions on matters of policy sub-clause (1) provides that directions on matters of policy issued, in writing, by central government will be binding on the authority as far as practicable, central government should give the authority an opportunity to express its views before giving any such direction sub-clause (2) provides that the decision of the central government, whether a question is one of policy or not, shall be finalclause 41—this clause contains provisions regarding supersession of the authority by central government sub-clause (1) empowers central government to supersede the authority for a maximum period of six months by issuing a notification, specifying the reasons however, before issuing any such notification, the central government has to give a reasonable opportunity to the authority to make representations against the proposed supersession and consider any representations of the authority this step can be taken by central government if it is of the opinion that the authority is unable to discharge its functions or perform its duties on account of circumstances beyond its control or if the authority has persistently defaulted in complying with any direction issued by the central government or in the discharge of its functions or performance of its duties and as a result of such default, the financial position of the authority or the administration of the authority has deteriorated; or in public interest sub-clause (2) provides that when the notification superseding the authority is published, the chairperson and other members have to vacate their offices as from the date of supersession further, all the powers, functions and duties of the authority shall be exercised and discharged by the central government and all properties owned or controlled by the authority shall vest in the central government, until the authority is reconstituted sub-clause (3) provides that the central government shall reconstitute the authority on or before the expiration of the period of supersession specified in the notification sub-clause (4) provides that the central government shall, as soon as possible place a copy of the notification regarding supersession of the authority and a full report of any action taken by it, before each house of parliamentclause 42—this clause contains provisions regarding furnishing of returns, etc, to central government sub-clause (1) provides that the authority shall furnish to the central government returns, statements and other particulars in regard to any proposed or existing programme for the promotion and development of the pension industry as required by central government the central government shall by rules, lay down the form and manner of making such returns, statements, etc sub-clause (2) provides that the authority shall, within nine months after the close of each financial year, submit to the central government a report on its activities during the previous financial year, including the activities for promotion and development of schemes of pension funds regulated under the proposed legislation subclause (3) provides that copies of the reports shall be laid, as soon as possible, after they are received, before each house of parliamentclause 43—this clause provides that the chairperson, other members, officers and other employees of the authority shall be deemed to be public servants, when carrying out any of the provisions of the proposed legislationclause 44—this clause provides that prosecution or other legal proceedings can be taken against the central 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 45—this clause contains provisions regarding offences by companies subclause (1) provides that if an offence under the proposed legislation has been committed by a company, then every person in charge of or responsible for the conduct of business of the company at the time the offence was committed shall be deemed to be guilty of the offence and can be proceeded against and punished accordingly however, 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, then he shall not be liable to any punishment subclause (2), however, provides that if any 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 any officer of the company, then he shall also be deemed to be guilty of the offence and can be proceeded against and punished accordinglyclause 46—this clause empowers the central government by notification in the official gazette to make rules for carrying out the provisions of the proposed legislation sub-clause (2) enumerates the various matters in respect of which central government may make rules these, inter alia, include, the salary, allowances and the other conditions of service of the chairperson, whole-time members and part-time members; functions which may be performed by the authority in addition to those already mentioned in this act; the procedure to be followed by the authorised officer for searches and seizures; the form, manner and the fee for appeals before the securities appellate tribunal; the procedure to be followed by the securities appellate tribunal in dealing with an appeal and; the form in which the authority shall maintain an annual statement of accounts and provide returns and reports to the central governmentclause 47—this clause empowers the authority to make, by notification in the official gazette regulations for carrying out the provisions of the proposed legislation such regulations should be consistent with the provisions of the proposed legislation and the rules made thereunder sub-clause (2) enumerates the various matters in respect of which the authority can make regulations these inter alia, include, the time, places and procedure for meetings (including the quorum at such meetings) of the authority, the terms and other conditions of service of the officers and other employees of the authority, regulations for pension schemes not regulated by any other enactment; mechanisms for redressing grievances of subscribers, the form and manner in which books of account shall be maintained and statement of accounts shall be rendered by intermediaries; the duties and functions of central recordkeeping agency, the determination of compensation of fair value of the regulated assets payable to central recordkeeping agency, regulations governing the functioning of pension funds and points of presence, the manner of managing schemes by pension funds, the form and manner of application for grant of registration certificate, conditions for grant of the certificate and the accompanying feeclause 48—this clause provides that every rule made by the central government and every regulation made by the authority under the proposed legislation shall be laid before each house of parliamentclause 49—this clause seeks to empower the central government to remove difficulties sub-clause (1) 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 five years from the commencement of the proposed legislation subclause (2) provides that every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliamentclause 50—this clause provides for delegation of powers by the authority subclause (1) provides that the authority may delegate its powers (other than the power to make regulations) and functions by general or special order in writing, to any member, officer of the authority or any other person subject to conditions, if any, specified in the order subclause (2) provides that the authority may, by a general or special order in writing, also form committees of the members and delegate to them the powers and functions of the authority as may be specified by the regulationsclause 51—this 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 52—this clause is a savings clause providing that anything done or any action taken by the central government under the resolution of the government of india in the ministry of finance number fno 5/7/2003-ecb&pr dated the 10th october, 2003 and notification number f no 5/7/2003-ecb & pr dated the 22nd december, 2003, shall be deemed to have been done or taken under the corresponding provisions of the proposed legislationclause 53—this clause seeks to repeal the pension fund regulatory and development authority ordinance, 2004 (ord 8 of 2004) sub-clause (2) saves all things done and all actions taken under the said ordinance by deeming it to have been done or taken under the corresponding provisions of the proposed legislation financial memorandumclause 3 of the bill provides that the central government may, from such date as may be appointed by it, establish for the purposes of the proposed legislation an authority to be called the pension fund regulatory and development authority in terms of clause 7 of the bill, the central government will prescribe the salary, allowances and other terms and conditions of service of the chairperson and other members of the authority clause 12 of the bill provides that the authority will appoint officers and other employees as it considers necessary for the efficient discharge of its functions under the proposed legislation and frame regulations regarding their terms and other conditions of service2 clause 36 of the bill provides that the central government may make grants to the authority to be utilized for the purposes of the proposed legislation, after due appropriation made by parliament by law3 clause 37 of the bill provides for the constitution of a fund to be called the pension regulatory and development fund into which all government grants, fees and charges received by the authority and all sums received by the authority from other sources decided by the central government shall be credited the fund is to be used for meeting the salaries, allowances and other remuneration of the chairperson, other members and officers and other employees of the authority and other expenses of the authority in connection with the discharge of its functions and for the purposes of the proposed legislation4 clause 38 of the bill provides for the establishment of a subscriber education and protection fund into which all grants and donations given to the fund by the central government, state governments, companies or any other institutions for the purposes of the fund, the interest or other income received out of the investments made from the fund and the amount by way of penalties received by the authority will be credited the fund is to be administered and utilised by the authority for the protection of the interests of subscribers in accordance with the regulations made by the authority for the purpose5 it is estimated that there would be an expenditure of approximately eight crores of rupees in the first year of establishment of the authority, including grants given to the authority, to be borne by the central government, for the purposes mentioned in paragraphs 3 and 4above this would include non-recurring capital expenditure of three crores of rupees and a further recurring expenditure of five crores of rupees on salaries, rent for office accommodation, etc eventually, it is expected that major recurring expenses of the authority would be funded out of the fees and charges as may be received by the authority6 the bill, if enacted and brought into operation, would not involve any other expenditure of a recurring or non-recurring nature memorandum regarding delegated legislationclause 46 of the bill empowers the central government to make, by notification in the official gazette, rules for carrying out the provisions of the proposed legislation subclause (2) enumerates the matters in respect of which such rules may be made these matters, inter alia, include matters relating to the salary, allowances and other terms and conditions of service of the chairperson and other members of the pension fund regulatory and development authority, the powers and functions of the authority in addition to those already specified in the bill, the procedure and other matters related to the exercise of powers of search and seizure by the authority, the form, manner and fee for filing an appeal before the securities appellate tribunal and the procedure to be followed by the securities appellate tribunal in dealing with appeals, the form in which the authority shall maintain annual statement of accounts and the time within which and the form and manner in which returns and reports are to be made by the authority to the central government2 clause 47 of the bill empowers the pension fund regulatory and development authority to make, by notification in the official gazette, regulations for carrying out the provisions of the proposed legislation such regulations should be consistent with the provisions of the proposed legislation and the rules made thereunder the matters in respect of which the authority may make regulations, inter alia, include matters relating to the transaction of business of the authority at its meetings (including the quorum at such meetings) and the time and places for such meetings, the terms and conditions of service of the officers and employees of the authority, regulations for pension schemes not regulated by any other enactment, establishing a grievance redressal mechanism for subscribers, the form and manner of maintaining books and statement of accounts by intermediaries, the duties and functions of the central recordkeeping agency and the determination of compensation of fair value of the regulated assets payable to the central recordkeeping agency, the functioning of point of presence and the manner of receiving contributions and instructions and transmitting them to the central recordkeeping agency and paying out benefits to subscribers, the number of pension funds and the manner in which a pension fund may receive contributions, accumulate them and make payments to the subscribers and the manner of managing schemes by the pension funds, registration of intermediaries, the procedure for holding inquiry by adjudicating officers, matters relating to supercession of the governing board or board of directors of intermediaries, the manner of administering and utilising the subscriber education and protection fund and delegation of powers and functions to committees of members of the authority3 the rules and regulations made under the proposed legislation shall be required to be laid before the parliament4 the matters in respect of which rules or regulations may be made are matters of procedure and administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal charactermemorandum explaining the modifications contained in the bill to replace the pension fund regulatory and development authority ordinance, 2004apart from changes of a formal drafting nature, the pension fund regulatory and development authority bill, 2005 which seeks to repeal and replace the pension fund regulatory and development authority ordinance, 2004 closely follows the said ordinance with slight modifications as explained below:—(1) sub-clause (2) of clause 2 of the bill has been modified rearranging the various central acts mentioned therein(2) clause 10 of the bill corresponds to section 10 of the ordinance subsection (5) of section 10 of the ordinance has been omitted as the provisions of the same are contained in sub-section (1) thereof consequential modifications have been made in sub-clause (2) of clause 47 of the bill(3) sub-clause (3) of clause 13 of the bill has been revised rearranging the enactments mentioned therein sub-clause (4) of clause 13 has been modified so as to make the intention more clear(4) sub-clauses (6) and (7) of clause 16 of the bill correspond to sub-sections(7) and (6) respectively of section 16 of the ordinance the re-arrangement of provisions has been made for clarity and elegance———— a billto provide for the establishment of an authority to promote old age income security by establishing, developing and regulating pension funds, to protect the interests of subscribers to schemes of pension funds and for matters connected therewith or incidental thereto

Parliament_bills

c377a754-c6b0-5ce9-95c8-4dbdef559a98

bill no 46 of 2015 the hindu adoptions and maintenance (amendment) bill, 2015 byshri cr patil, mpa billfurther to amend the hindu adoptions and maintenance act, 1956be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—amendment of section 1878 of 19562 in section 18 of the hindu adoptions and maintenance act, 1956, after sub-section(3), the following sub-section shall be inserted, namely:—5"(4) notwithstanding anything in sub-section (1), where the husband is unable to provide maintenance to his hindu wife on account of physical disability, mental disorder, disappearance or renunciation of the world by entering any religious order, the hindu wife shall, except when the husband has received his share in the joint hindu family property, be entitled to claim maintenance during her lifetime from the members of the joint hindu family" statement of objects and reasonsthe law commission in its recent report has recommended amendment in the hindu adoptions and maintenance act, 1956 with a view to providing that a hindu wife shall be entitled to claim maintenance during her life time from members of the joint hindu family of the husband in case of his disappearance or disability while so recommending, it has been stated that there was sufficient basis in classical hindu law to cast a legal obligation on the father-in-law to maintain the daughter-in-law when the husband of the latter is unable to do so the bill, therefore, keeping in view the recommendation of the law commission seeks to amend the hindu adoptions and maintenance act, 1956 providing for entitlement of maintenance of a hindu wife from the members of joint hindu family of the husbandhence this billnew delhi;cr patilfebruary 2, 2015 annexure the hindu adoptions and maintenance act, 1956(78 of 1956) 18(1) maintenance of wife(2) (3) a hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a hindu by conversion to another religion ———— a billfurther to amend the hindu adoptions and maintenance act, 1956————(shri cr patil, mp)gmgipmrnd—4489ls(s-3)—02032015

Parliament_bills

bdbb0fbc-529e-5241-b4f3-ef426debcdf9

bill no 92 of 2016 the prohibition of child marriage (amendment) bill, 2016 bydr sanjay jaiswal, mp a billto amend the prohibition of child marriage act, 2006be 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 prohibition of child marriage (amendment) act,20166 of 2007a m e n d m e n t of section 22 in section 2 of the prohibition of child marriage act, 2006, (hereinafter referred to as the principal act), for clause (a), the following clause shall be substituted, namely:—'(a) "child" means a person who has not completed eighteen years of age'amendment of section 33 in section 3 of the principal act, for sub-section (1) to (3), the following sub-sections shall be substituted, namely:—5"3 (1) every child marriage solemnised after the commencement of this act shall be null and void at the option of the contracting party, if the age of either or both of the contracting party was below sixteen years on the date of solemnisation of marriage10(2) the marriage referred to in sub-section (1) may be declared null and void by a decree of nullity, on a petition being filed in the district court only by a contracting party who was below the age of sixteen years at the time of marriagechild marriages to be void or voidable at the option of contracting party being a child(3) every child marriage, whether solemnised before or after from commencement of this act, shall be voidable at the option of contracting party who was a child above the age of sixteen years but below the age of eighteen years at the time of marriage15(3a) the petition for annulling a child marriage under sub-section (3) by a decree of nullity may be filed in a district court by a contracting party till the age of twenty years(3b) notwithstanding anything in this act, the provisions of this act shall also apply to null and void child marriages as they apply to voidable child marriages"amendment of section 9204 in section 9 of the principal act, for the words "two years", the words "five years"shall be substitutedamendment of section 105 in section 10 of the principal act, for the words "two years and shall be liable to finewhich may extend to one lakh rupees", the words "five years and shall be liable to fine which may extend upto ten lakh rupees" shall be substitutedamendment of section 11256 in section 11 of the principal act, in sub-section (1), for the words "two years andshall also be liable to fine which may extend upto one lakh rupees", the words "five years and shall also be liable to fine which may extend upto five lakh rupees" shall be substituted statement of objects and reasonsthe prohibition of child marriage act, 2006 was enacted to provide maintenance and residence to the female contracting party to child marriage the provision of maintenance, residence and other such matters are applicable only to the voidable child marriages however, no such benefit is available to the parties of void marriages which is unjustified as the same is available under the other marriage lawsit is, therefore, need of the hour that, act should be applicable to cases of void marriages also this is in line with the 205th report of law commission of india, 2008 moreover, the current penal provisions of the parent act hardly act as a deterrent and needs revision the need is to increase the punishment provided in the parent act to discourage the increasing child marriage in the countrythe bill, therefore, seeks to amend the prohibition of child marriage act, 2006 with a view to—(i) restrict the age of filing petition for annulling a voidable child marriage till the child filing the petition attain the age of twenty years;(ii) prescribed child marriage below sixteen years of age to be void marriage; (iii) apply the provisions of the act to void marriages; and (iv) increase the punishment provided under the act to act as a deterrent to the increasing child marriages in the countryhence this billnew delhi;sanjay jaiswalfebruary 22, 2016 annexure extract from the prohibition of child marriage act, 2006 (no 6 of 2007) 3 (1) every child marriage, whether solemnised before or after the commencement of this act, shall be voidable at the option of the contracting party who was a child at the time of the marriage:child marriages to be voidable at the option of contracting party being a childprovided that a petition for annulling a child marriage by a decree of nullity may be filed in the district court only by a contracting party to the marriage who was a child at the time of the marriage(2) if at the time of filing a petition, the petitioner is a minor, the petition may be filed through his or her guardian or next friend along with the child marriage prohibition officer(3) the petition under this section may be filed at any time but before the child filing the petition completes two years of attaining majority(4) while granting a decree of nullity under this section, the district court shall make an order directing both the parties to the marriage and their parents or their guardians to return to the other party, his or her parents or guardian, as the case may be, the money, valuables, ornaments and other gifts received on the occasion of the marriage by them from the other side, or an amount equal to the value of such valuables, ornaments, other gifts and money:provided that no order under this section shall be passed unless the concerned parties have been given notices to appear before the district court and show cause why such order should not be passed [10] m c9 whoever, being a male adult above eighteen years of age, contracts a child marriage punishment shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with bothpunishment for male adult marrying a child10 whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriagepunishment for solemnising a child marriage punishment for promoting or permittting solemnisation of child marriages11 (1) where a child contracts a child marriage, any person having charge of the child, whether as parent or guardian or any other person or in any other capacity, lawful or unlawful, including any member of an organisation or association of persons who does any act to promote the marriage or permits it to be solemnised, or negligently fails to prevent it from being solemnised, including attending or participating in a child marriage, shall be punishable with rigorous imprisonment which may extend to two years and shall also be liable to fine which may extend up to one lakh rupees:provided that no woman shall be punishable with imprisonment lok sabha———— a billto amend the prohibition of child marriage act, 2006————(dr sanjay jaiswal, mp)gmgipmrnd—5332ls(s3)—25-04-2016

Parliament_bills

2d0771d0-b51b-580d-a95c-8b946fa22df7

bdl no 38 ofl"s the representation of the people (amend- ment) bill, 1965 a billfurther to amend the representation of the people act, 1900 b& it enacted by parliament in the sixteenth year of the republic of india as follows:-1 this act may be called the representation of the people short tide (amendment) h:t, 1965 s z in the fourth schedule to the representation of the people ammd""'dt of pourib act, 1950,-scbedaje to acr430f 19!d (a) under the heading "andblla pbadii8h", the entry "4 city and town committees" shall be omitted; (b) under the heading "mysou", after tlhe entry ",," notified area committees", the entry "5 town panchayats" ahall -be idierted; ~ (c) under the heading ''wat bbngal",-(i) for 'the entry "2 district boards", the entry "2 s zilla parisbads" shall be substituted, (ii) for the entry "4 local boards", the following entries shall be substituted, mmely:-"4 anchalik parisbads 5 town committees" statement o:r objects and reasonsthe local authorities apec:i8ed in the fourth schedule to the representation of the people ad, 18&0, in pursuance of article 171 (3) of the constitution read with sectipn 27 (2) of the abovementioned act form the basis of the electorate of local authorities' constituencies of the state legillauve councils unless the lists of these local authorities are kept up-tcmiate, there are difbculties in the holding of bye-electiods from the local authorities' constituencia with the inauguration in the states, of panchayat raj, the list of local authorities appearing in tjie fourth schedule to the representation of the people act, 18&0 requires mocuftcation the states of andhra pradesh, mysore and west bengal have suggested the following changes in the list of local authorities:-1 andhra pradeh-entry no4, "city and town committees", may be deleted 2 m!l8ot"e~"town penchayats" may be added to the existidg entries 3 welt bengal-"distriet boards" and "local boards" may be substituted by "zllla pariahads" and "adchajtk parishacis" - also, "town committees" may be added , to the list: i any clmnge in the lists of these local autboritt cad oaly be effected by parliament by kw accordidgly the bm seeks to make the necessary chan in the lists of local authorities in the fourth schedule to give effect to the above proposals of the state governments nrr dam; a ok szn the 20th april, 1985 annexure --- • extracts from the rbpri'sbntanon or till: people acr, 1950 (43 or 1950) - • - • the fourth schedule[see section 27 (2) ] local aut~s fot purposes of elections to legiblative councila , - 1 municipilities 2 zilla parishads 3 cantonment boards 4 city and town committees 5 panchayat samithis - - - mysore, 1 mwdcipalities 2 taluk development boards 3 cantonment ~oards 4 notified area committees - ,"' - - 'wet bbngal1 municipalities ,2 • ·district boards 3: eantonment boards 4 looal boards - - a biu further to amend the representation of the people act, 1950 (shri aamw k s mimsur t{ liiiii)

Parliament_bills

6513ca75-0292-5f72-8424-eafec14e648c

bill no 21 of 2013 the constitution (amendment) bill, 2013 byshri hansraj gangaram ahir, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-fourth year of the republic of india as follows:—short title1 this act may be called the constitution (amendment) act, 2013 2 after article 16 of the constitution, the following articles shall be inserted, namely:—insertion of new articles 16a and 16aa right to employment16aa the state shall pay subsistence allowance at such rate, as parliament may, by law, determine, to all citizens who cannot be provided with gainful employment under article 16a on account of old age, sickness, disablement or any other undeserved want"right to subsistence allowance in cases of old age, etc statement of objects and reasonsthere has been a fall in the employment generation in the country due to economic slowdown throughout the world the rate of unemployment is also on the rise in agriculture sector, which forms the foundation of indian economy owing to computerization and industrialization, there has been industrial growth but employment opportunities have not grown proportionately therefore, government have to create more jobs in different sectors of the economy to overcome the problem of unemployment in the country citizens should be provided with suitable opportunities for gainful employment for sustaining their livelihood right to employment should be made a fundamental right of the citizens so that every citizen can get a job and contribute to the development and progress of the nation simultaneously, government should come forward to provide succour to old aged, sick and differently abled citizens by providing subsistence allowance to such citizens so that they can also lead their lives in a dignified manner such persons are equally entitled to avail opportunities for their overall developmentthe bill, therefore, seeks to amend the constitution with a view to make right to employment as a fundamental right by making provisions for—(i) gainful employment to all eligible citizens; (ii) unemployment allowance to eligible citizens till the time they are provided with gainful employment; and(iii) subsistence allowance to all citizens who cannot be provided with gainful employment on account of old-age, sickness, disablement or any other undeserved want hence this billnew delhi;hansraj gangaram ahirfebruary 8, 2013 lok sabha—————— a billfurther to amend the constitution of india————(shri hansraj gangaram ahir, mp)gmgipmrnd—4870ls(s-4)—25-02-2013

Parliament_bills

be5d81a3-1cd2-5456-9692-bb3af71e1cee

the protection of human rights defenders bill, 2018 byshri ap jithender reddy, mp——————arrangement of clauses——————chapter ipreliminary clauses1short title, extent and commencement2definitions chapter ii rights of human rights defenders and responsibility to defend human rights3right of every person to promote and protect human rights and fundamental freedoms4right to form association for protection and realization of human rights and fundamentalfreedoms5rights to solicit and receive resources for protection and realization of human rightsand fundamental freedoms6right to know and seek, etc of information about human rights and fundamentalfreedom7right to develop and discuss new ideas and principles8right to communicate with non-governmental, governmental and non-governmental,regional human rights bodies and mechanisms9right to participate in public affairs10right to peaceful assembly11right to represent and advocate12right to freedom of movement13right to privacy14freedom from intimidation or reprisal15freedom from defamation and stigmatization16right to exercise cultural rights and development of personality clauses17right to effective remedy and full reparation18limitations on the rights of human rights defenders19other rights and freedoms not affected chapter iii obligations of public authorities20obligation to respect, promote, protect and fulfill the rights of human rights defenders21obligation to facilitate the activities and work of human rights defenders22obligation to provide free access to materials relating to human rights, socio-economic and ecological justice and fundamental freedoms23obligation to prevent and to ensure protection against intimidation or reprisal and arbitrary or unlawful intrusion and interference24obligation to conduct investigation25obligation to ensure effective remedy and full reparation26obligation to make intimidation and reprisal an offence27obligation to promote and facilitate education on human rights, socio-economic policies and ecology, sustainability and the role of human rights defenders28obligation to implement protection and urgent protection measures29obligation to provide assistance to human rights defenders abroad chapter iv mechanism for the protection of human rights defenders30establishment of mechanism for the protection of human rights defenders31consultation with civil society32resources33training and vetting34power to remove difficulty35act to have overriding effect36power to make rules bill no 222 of 2018 the protection of human rights defenders bill, 2018 byshri ap jithender reddy, mpa billto ensure protection of individuals, groups, associations engaged in protection and promotion of human rights and fundamental freedoms and for matters connected therewith or incidental theretobe it enacted by the parliament in the sixty-ninth year of the republic of india as follows: chapter i preliminary5 1(1)this act may be called the protection of human rights defenders act, 2018 (2) it extends to whole of indiashort title, extent, commencement and application(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5(4) it shall apply to all human rights defenders under the jurisdiction, territory, or control of india, without distinction of any kind such as sex, race, colour, language, religion or conviction, political or other opinion, national, ethnic or social origin, age, economic position, property, marital status, birth, disability, sexual orientation, gender identity, sex characteristics or any other status definitions2in this act, unless the context otherwise requires,— (a) "appropriate government" means any agency, department, body established to carry out respective functions to those enumerated in this act and in respect of matters relating to,—10(i) the union territory without legislature, the central government; (ii) the union territory of puducherry, the government of that union territory; (iii) the union territory of delhi, the government of that union territory; and (iv) the state, the state government concerned15(b) 'associate' means a person with whom the human rights defender acts to promote and protect human rights and fundamental freedoms;(c) 'human rights defender' means any person who, individually or in association with others, as a professional or voluntarily, seeks to promote protect or strive for the protection and realization of human rights, socioeconomic and social justice and fundamental freedoms, including but not limited to individuals who are recognized as:20(i) human rights advocates; (ii) human rights activists; (iii) social justice activists; (iv) women rights activists; (v) minority rights activists;25(vi) environment activists; (vii) disabled people rights activists; (viii) lesbian, gay, bisexual and transgender rights activists; (ix) journalists and media persons or workers;30(x) trade unionists and labour rights activists; (xi) right to information activists; and (xii) humanitarian workers;(d) 'human rights and fundamental freedoms' means the rights and freedoms guaranteed by, recognized in or declared by the constitution, international covenants, or customary international law and enforceable by courts in india;35(e) 'intimidation or reprisal' means any form of violence, threat, retaliation, de facto or de jure adverse discrimination, pressure of any other arbitrary or abusive action or threat related to a person's status, work or activity as a human rights defender including proposed, attempted or imputed work or activity, directed at:—(i) the human rights defender;40(ii) an associate of the human rights defender; (iii) a legal or other representative of the human rights defender appointed to conduct the affairs of or to otherwise act on behalf of the human rights defender;(iv) a family member or relative of the human rights defender;(v) a group, association, community or network, whether formal or informal, withwhich the human rights defender is associate; or5(vi) the home, property or possessions of the human rights defender or any ofthe other persons or entities mentioned under clauses (c), (d) and (f) of section 2; and(f) "registered group, association or non-governmental organisation" means entities registered under the societies registration act, 1860, the indian trusts act, 1882, the companies act, 2013 and other relevant central legislations chapter ii10 rights of human rights defenders and responsibility to defend human rights15 3 every person, individually or in association with others, shall have the right to promote and to strive for the protection and realization of human rights, socio-economic and ecological justice and fundamental freedoms at the local, national, regional and international levelsright of every person to promote and protect human rights and fundamental freedoms204 every person, individually or in association with others, shall have the right to form, join and participate in groups, coalitions or networks of groups, associations and non- governmental organisations, whether formal or informal and whether registered or unregistered, for the purpose of promoting and striving for the protection and realization of human rights, socio-economic and ecological justice and fundamental freedom at local, national, regional and international levelsright to form association for protection and realization of human rights and fundamental freedoms255 (1) every person, individually or in association with others, shall have the right to solicit, receive and utilise resources, including from domestic and international sources, including governmental, inter-governmental, bilateral and multilateral platforms, philanthropic and private sources and individual donors for the express purpose of promoting and striving for the protection and realisation of human rights, socio-economic and ecological justice, and fundamental freedomsrights to solicit and receive resources for protection and realization of human rights and fundamental freedoms30(2) any human rights defender disqualified by appropriate government for failing to uphold legal obligations as stated in laws governing financial accountability shall be barred from receiving, disbursing and utilizing any financial contributions only after the human rights defender has exhausted every legal remedy6 (1) every person, individually or in association with others, shall have the right to:—35right to know and seek, etc of information about humanrights andf u n d a m e n t a l freedom(a) know, seek access, obtain, receive and hold information about all humanrights, socio-economic and ecological justice and fundamental freedoms, including information regarding how those rights and freedoms are given effect in the legislative, judicial and administrative systems;40(b) know, seek access, obtain, receive and hold such information from businessenterprises as may be necessary for exercising or protecting or assisting to exercise or protect human rights, socio-economic and ecological justice or fundamental freedoms;(c) freely publish, impart or disseminate to others views, information andknowledge on all human rights, socio-economic and ecological justice and fundamental freedoms; and(d) study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights, socio-economic and ecological justice, and fundamental freedoms and through these and other means to draw public attention to those matters5(2) the rights guaranteed under sub-section (1) may be exercised orally, in writing, in print in the form of art or through any other media, whether online or offline7 every person, individually or in association with others, shall have the right to develop and discuss new ideas and principles which relate to promotion and protection for human rights, socio-economic and ecological justice, and fundamental freedoms, and to advocate their acceptanceright to develop and discuss new ideas and principles108 every person, individually or in association with others, shall have the right to freely communicate with non-governmental, governmental and inter-governmental organisations, international and regional human rights bodies, including subsidiary bodies, treaty bodies, special procedures, special rapporteurs, mechanisms or experts with a mandate relevant to human rights, socio-economic and ecological justice and fundamental freedomsright to freely communicate with non- governmental organisations159(1) every person, individually or in association with others, shall have the right to participate effectively in the conduct of public affairs, including participation on a nondiscriminatory basis in the government of one's country regarding human rights, socioeconomic and ecological justice and fundamental freedomsright to participate effectively in conduct of public affairs(2) the right guaranteed under sub-section (1) includes the right to:—20(a) submit to any public authority or agency, or agency or organisation concernedwith public affairs, criticism on or proposals for improving its functioning with respect to human rights, socio-economic and ecological justice and fundamental freedoms;25(b) make recommendations to any public authority regarding legislative orregulatory changes relating to human right, socio-economic and ecological justice and fundamental freedoms;(c) draw to the attention of any public authority any aspect of its work that may hinder or impede the promotion, protection and realisation of human rights, socioeconomic and ecological justice and fundamental freedoms;30(d) draw to the attention of any public authority any action or omission by any actor, private or public, that may involve or contribute to a violation of human rights, socio-economic and ecological justice or fundamental freedoms; and(e) freely publish, impart or disseminate to others any information submitted to any public authority in the exercise of the rights set out in this chapter35(3) in case any competent authority which receives communication of the type referred to in sub-section (2) shall confirm its receipt in writing within thirty daysright to meet or assemblepeacefully10 (1) every person individually or in association with others, shall have the right to meet or assemble peacefully as well as to participate in peaceful activities concerning human rights, socio-economic and ecological justice, and fundamental freedoms, free from interference that is arbitrary or unlawful by public authorities and private actors, at the local, national, regional or international level40(2) the right guaranteed under sub-section (1) includes the right to plan, organise, participate in and disseminate information regarding peaceful activities concerning human rights, socio-economic and ecological justice, and fundamental freedoms, including demonstrations, protests, seminars and meetings whether conducted in a public or private place4511 (1) every person individually and in association with others, shall have the right to assist, represent or act on behalf of another person, group, association, organisation orright to assist on behalf of otherinstitution in relation to the promotion, protection and exercise of human rights, socioeconomic and ecological justice, fundamental rights and freedoms, including at local, national, regional and international levels(2) the right guaranteed under sub-section (1) shall include the right to:—5(a) complain about the policies and actions of public authorities with regard toviolations of human rights, socio-economic and ecological justice, and fundamental freedoms, by petition or other appropriate means, to domestic judicial, administrative or legislative authorities or any other competent authority;10(b) offer and provide professionally qualified legal assistance or other relevantadvice;(c) attend public hearings, proceedings and trials so as to form an opinion ontheir compliance with national law and human rights and fundamental freedoms; and(d) submit communications and information of the type referred to in section 915right to freedom of movement12 (1) every person lawfully within the territory or subject to the jurisdiction including the power or effective control of india shall, within that territory or place of jurisdiction, have the right to liberty of movement and freedom to choose his or her residence and the right to carry out his human rights activities in the entire territory or place of jurisdiction(2) no person lawfully within the territory of india shall be expelled, by means of an individual measure or a collective measure from the territory of india wholly or partially on account of his acts as a human rights defender20(3) no person shall be deprived of the right to enter or leave the territory of india on the grounds of or in association with his status, activities or work as a human rights defenderright to privacy13 (1) every person individually or in association with others, shall have the right to privacy25(2) the right guaranteed under sub-section (1) includes the right of a human rightsdefender to protect its privacy, including through encryption, and be free from intrusion and interference that is arbitrary and unlawful in his or her family, home, places of work, possessions and correspondence, both online and offline30explanation—for the purposes of this section, the words "intrusion and interference"includes any form of surveillance, recording, search and seizer in association with his or her legitimate activity or work as a human rights defenderfreedom from intimidation or reprisal14 no person shall be subjected, individually or in association with others, to any form of intimidation or reprisal on the, grounds of or in association with the said individual's status, activities or work as a human rights defender35freedom from defamation and stigmatization15 every human rights defenders shall be protected from any form of defamation,stigmatisation, or other harassment, whether offline or online, and whether by public authorities or private actors, in association with his or her status, activities or works as a human rights defender40right to exercise cultural rights and to development of personality16 every person individually or in association with others shall have the right to theunhindered exercise of one's cultural rights in activities and work as a human rights defender, including the right to challenge and change traditional customs and practices that violate human rights, socio-economic and ecological justice and fundamental freedoms, and to the free and full development of his personality4517 (1) every person individually or in association with others, shall have the right toan effective remedy and full reparation in the event of a violation of the rights in this chapter or in breach of obligations under chapter iiiright to effective remedyand full reparation(2) anyone whose rights have been violated or who has been adversely affected by a breach of obligations shall have the right to apply to a court or a tribunal of competent jurisdiction to obtain such effective remedy and full reparation5(3) any of the following may file a complaint at the competent court or tribunal relating to the violation of rights under chapter ii or in breach of obligations under chapter iii of this act, —(a) the human rights defender; (b) an associate of the human rights defender;10(c) a legal or other representative of the human rights defender appointed to conduct the affairs of or to otherwise act on behalf of the human rights defender;(d) a family member or relative of the human rights defender; (e) a group, association, community or network, whether formal or informal, with which the human rights defender is associate; or15(f) the home, property or possessions of the human rights defender or any of the other persons or entities in sub-sections (b) to (e) abovelimitations on the rights of human rights defenders2018 every human rights defender, individually or in association with others, in exercising rights in chapter ii, shall be subject only to limitations that are prescribed by law and in accordance with international human rights obligations and standards, are reasonable, necessary and proportionate, and are be solely for the purpose of securing due recognition and respect of the human rights and fundamental freedoms of others and meeting the requirements of public order and general welfare in democratic societyother rights and freedoms not affected19 nothing in this act shall affect any provisions which are more conducive to the recognition and protection of human rights defender and which may be contained in domestic or international law or instruments25 chapter iii obligations of public authorities20 every public authority shall take all necessary measures to ensure that:- (a) the human rights and fundamental freedoms provided in chapter ii are effectively guaranteed and ensured;30(b) all laws, policies and programs are consistent with the rights guaranteed under chapter ii; and obligation to respect, promote, protect and fulfill the rights of human rights defenders(c) human rights defenders are able to undertake their activities and work in a safe and enabling environment free from restriction21 (1) every public authority shall take all necessary measures to facilitate and protect the exercise of the rights in chapter ii35(2) the obligation mentioned under sub-section (1) includes the obligation to:—obligation to facilitate the activities and work of human rights defenders(a) permit and facilitate access in accordance with the law to places where a person is deprived of liberty;40(b) permit and facilitate access to places and to information required by human rights defenders to exercise their rights under chapter ii in accordance with the law;(c) provide information about violations of human rights or fundamental freedoms that may have occurred within the territory or subject to the jurisdiction, including the power or effective control of india;(d) develop and implement policies and measures to promote, support and enhance the capacity of human rights defenders to promote and protect human rights and fundamental freedoms; and(e) promote and publicly acknowledge the role, function, activities and work of human rights defenders as legitimate and important522 every public authority shall make freely available and accessible both offline and online —(a) international and regional human rights instruments; (b) the constitution of india, national laws and regulations;10(c) research, studies, reports, data, archives and other information and materials within the possession of public authorities that relate to human rights and fundamental freedoms;obligation to provide free access to materials relating to human rights, socio-economic and ecological justice, and fundamental freedoms(d) reports and information submitted by india to international and regional human rights bodies and mechanisms;15(e) minutes, reports and communications of international and regional human rights bodies and mechanisms in which india is discussed;(f ) documents and information related to the decisions or activities of national authorities with competence in the field of human rights and fundamental freedoms; and(g) all such other information as may be necessary to secure or enable the exercise of any human rights or fundamental freedoms under chapter ii or access to remedy for a violation of any such right2023 every public authorities shall take all necessary measures to ensure,— (a) the prevention of, and protection against, any intimidation or reprisal by any other public or private actor; and•25(b) protection of human rights defenders against arbitrary or unlawful intrusion and interference in his family, home, places of work, possessions and correspondence, both offline and onlineobligation to prevent and to ensure protection against intimidation or reprisal and arbitrary or unlawful intrusion and interferenceexplanation—for the purposes of this section, the words "intrusion and interference"includes any form of surveillance, recording, search and seizure in association with any person's legitimate activity or work as a human rights defender without his consent30obligation to conduct investigation24 (1) whenever there is reasonable ground to believe that a human rights defender has been killed, disappeared, tortured, ill-treated, arbitrarily detained, threatened or subject to a violation of any of the rights in chapter ii, whether by a public authority or private actor within the territory or subject to the jurisdiction, including the power or effective control of india, the responsible authority must ensure that a prompt, thorough, effective and impartial investigation is conducted with due diligence and is prosecuted as appropriate35(2) an investigation pursuant to sub-section (1) shall take into account:—(a) whether a motive for the violation of the rights of the human rights defender included his or her status, activity or work as a human rights defender;40(b) whether there have been previous violations of the rights of the humanrights defenders or systematic violations of the rights of similarly situated human rights defenders; and(c) whether the violation was perpetrated, aided, abetted or supported by multipleactors45(3) during an investigation pursuant to sub-section (1), the responsible authority shall consult with the mechanism established under section 34 and keep the victim or his family, relatives or associates, informed of the status of the investigation(4) the central government shall request such assistance from relevant international or regional human rights bodies or mechanisms as is necessary to conduct an investigation in conformity with sub-section (1)(5) where the responsible authority is unable or unwilling to conduct an investigation pursuant to sub-section (1), india shall request assistance to conduct such an investigation525 every public authority shall take all necessary measures to ensure that an effective remedy and full reparation are available and provided for violations of the rights in chapter ii and for breach of the obligations in chapter iiiobligation to ensure effective remedy and full reparation1026 an act of intimidation or reprisal, whether by a public or private actor, against a person, on the grounds of or in association with his or her status, activities or work as a human rights defender, shall be an offence and prosecuted by the competent authority and subject to appropriate penalties which take into account the gravity of the offenceobligation to make intimidation and reprisal an offence1527 every public authority shall promote, facilitate and adequately resource teaching, training and education about human rights and freedoms, socio-economic justice policies, ecology sustainability, and the role of human rights defenders, including the provisions of this act, within all public departments and to all persons in this country20obligation to promote and facilitate education on human rights, socioeconomic policies and ecology sustainability and the role of human rights defenders28 every public authority shall take all necessary measures at all levels to fully and effectively implement protection and urgent protection measures determine under chapter ivobligation to implement protection and urgent protection measures2529 (1) every public authority shall take all necessary steps within their power in conformity with national and international obligations and standards to provide assistance to a human rights defender abroad who has been or may be subject to intimidation or reprisal on the grounds of or in association with his or her status, activities or work as a human rights defenderobligation to provide assistance to human rights defenders abroad30(2) the assistance referred to in sub-section (1) may include, as required by the nature of the intimidation or reprisal and the nationality of the human rights defender concerned, the following:—35(a) receiving the human rights defender in the diplomatic mission in that country or visiting the human rights defender at his or her home or places of work, or places where a person is deprived of liberty;(b) making official representations, whether public or confidential, in relation to the human rights defender;(c) attending or observing trials or legal proceedings involving the human rightsdefender;40(d) monitoring and producing reports on the situation of the human rightsdefender;(e) issuing emergency or replacement travel documents;(f) obtaining medical care; (g) providing details of local lawyers; (h) providing details of local interpreters; (i) contacting the family members of the human rights defender;5(j) arranging for someone to accompany the human rights defender to a safelocation or providing other relocation assistance; and(k) providing financial assistance;(1) providing emergency loans to enable the human rights defender to travel toa safe location chapter iv10 mechanism for the protection of human rights defenders30 (1) the union ministry of home affairs shall establish a national mechanism for the protection of human rights defenders, which shall have responsibility within the aforementioned ministry for coordinating the protection of human rights defenders15establishment of mechanism for the protection of human rights defenders(2) the mechanism shall, in consultation with the national human rights commission, national commission for women, national commission for scheduled tribes, national commission for scheduled castes and other such commissions, along with the civil society carry out the functions assigned to it under this act(3) without generality of the foregoing provisions, the mechanism shall,—(a) prevent intimidation or reprisal;20(b) protect human rights defenders from intimidation or reprisal; (c) assist in ensuring investigation of, and accountability for, acts of intimidationor reprisal against a human rights defender;25(d) direct and promote inter-agency and inter-departmental coordination to prevent, protect against, investigate, and ensure accountability for acts of intimidation or reprisal; and(e) promote and publicly acknowledge the legitimate and important role, function, activities and work of human rights defenders (4) while undertaking the functions mentioned under sub-section (2), the mechanism may:—30(a) monitor and respond to the situation of human rights defenders in india, including risks to their security, and legal and other impediments to a safe and enabling environment that is conducive to their work;35(b) consult and work closely and cooperatively with human rights defenders in the implementation of this law;(c) coordinate the implementation of this law, including by developing protocols and guidelines for this purpose, within a period no longer than one hundred and eighty days of the entry into force of this law;40(d) carry out assessments of risks, vulnerability or conflict at the national, state, regional or local levels, with the aim of identifying specific needs for the protection of human rights defenders, including by undertaking gender based and collective risk assessments;(e) aid, assist and inform investigations for the purpose of prosecuting the offences created under section 28;(f) monitor existing and draft legislation and inform the responsible competent authority about the impact or potential impact of legislation on the status, activities and work of human rights defenders, proposing legislative modifications where necessary;5(g) advise all areas of government on the design and implementation of policies and programmes to guarantee and protect the rights of human rights defenders under this law;10(h) monitor and prepare annual reports on the situation of human rights defenders in india and make recommendations to the relevant authorities on the appropriate measures to be taken to promote a safe and enabling environment for their work and to mitigate and prevent the risks facing them, including by tackling the root causes of violations against human rights defenders;15(i) propose and implement, or ensure the implementation of, prevention measures and protection measures to guarantee the life, integrity, liberty, security and the work of human rights defenders, giving particular attention to the situation and protection needs of women human rights defenders and other human rights defenders at increased risk;20(j) advise the responsible competent authority on the desired profiles, selection procedure, income and training of all staff and security personnel with responsibility towards the protection of human rights defenders;(k) receive and assess applications for protection measures and implement the appropriate protection measures, including emergency measures, in coordination with other relevant authorities;25(l) disseminate information to the public about protection programmes for human rights defenders and how to access them, and about the mechanism's work, guaranteeing transparency in regards to resource allocation;30(m) disseminate information to authorities and to the public about the un general assembly declaration on the right and responsibility of individuals, groups and organs of society to promote and protect universally recognized human rights and fundamental freedoms, and the vital and legitimate role, function and work of human rights defenders; and(n) prepare and submit reports and communications on the situation of human rights defenders in india to relevant international and regional human rights bodies and mechanisms35 40(o) wherever there exists reasonable ground to believe that a human rights defender has been killed, disappeared, tortured, ill-treated, arbitrarily detained, threatened, or subject to a violation of any of the right in this act, whether by a public authority or private actor within the territory or subject to the jurisdiction, including the power of effective control, of india, the law enforcement authorities within jurisdiction over the matter shall ensure that a prompt, thorough, effective, impartial investigation is conducted with due diligence and is prosecuted as appropriate (5) the mechanism shall respect and maintain the confidentiality of the personal data collected on human rights defenders(6) the mechanism, together with independent experts and in consultation with civil society, shall develop obligatory information management and digital security policies for their staff and all other authorities with access to information received by it(7) the mechanism, together with independent experts and in consultation with civil society, shall carry out periodic reviews of the implementation of this law and the mechanism's effective functioningprovided that the first review shall be carried out within 18 months of the entry into force of this law5(8) state mechanisms for the protection of human rights defenders shall be establishedat the state level, working under the home ministries of their respective states, with the function of assisting the national mechanism in fulfilling its functions described in sub-section (2), while working with state commissions on women, scheduled castes, scheduled tribes and other such commissions wherever established, along with members of the civil society31 the appropriate government shall consult with human rights defenders and other civil society actors in relation to all aspects of the work of the mechanism10consultation with civil society32 (1) the central government shall provide adequate financial resources to the mechanism to enable it to fulfil its functions and exercise its powers fully and effectivelyfund for the protection of human rights defenders15(2) to fulfil the purposes of this act and for the purpose of obtaining financial resources additional to those in sub-section (1), the appropriate government shall establish a fund for the protection of human rights defenders(3) the fund shall also be credited:—(a) grants and loans from the public sector and the private sector; and(b) contributions from domestic and foreign persons, groups, associations andorganisations and institutions20(4) the fund shall be utilised exclusively for the implementation of protection measuresand prevention measures and other acts authorised under this act by the mechanism and other entities authorised by it(5) the fund shall be administered with full transparency and a report of the fund's use shall be included in the mechanism's annual report25training and vetting33 (1) every person involved in the mechanism, including security and law enforcementofficials, shall be appropriately shortlisted based on their proven record on adherence, protection and promotion of human rights wherever permissible, vetted and shall receive training prior to the commencement of their involvement, together with continuing training designed to ensure full and effective implementation of the law30(2) the training under sub-section (1) shall include training on human rights andfundamental freedoms, including the situation and protection needs of victims and of more vulnerable human rights defenders, specifically those working issues of environment, minorities, dnts, scs/sts on sexual orientation, gender identity and sex characteristics issues, those acting or working in rural and remote areas and women human rights defenders35act to haveoverriding effect34 the provisions of this act shall have overriding effect notwithstanding anythinginconsistent 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 difficulty4035 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty:provided that no such order shall be made after the expiry of the period of two years from the date of commencement of this actpower to make rules36 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe indian constitution was a contemporary of the universal declaration of human rights (udhr), having been constructed just a few years apart through the incorporation of human rights and fundamental freedoms as enshrined in the udhr, the indian constitution set the legal platform for the protection and promotion of human rights laws such as the protection of human rights act, 1994, the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, the right to information act, 2005 and several others expanded the scope of part iii of the constitution by guaranteeing socio-economic and ecological justice successive governments have strengthened mechanisms ensuring adherence to the indian constitution, and through the same, to the udhrthe very nature of human rights bestows upon the state the sole responsibility of protecting an individual's, or a people's rights from being infringed yet, the state remains capable of violating these rights as well given this inherent conflict of interest, the civil society has been playing an increasingly important role in keeping checks and balances on the state-ensuring that the state not only protects, but also promotes human rights, socioeconomic and ecological justice, and fundamental freedoms in doing so, the individuals, or the association of individuals who qualify as human rights defenders have been increasingly victimized by those perpetrating violations on the rights and freedoms as the scope of human rights, socio-economic and ecological justice, and fundamental freedoms widens, and the role of human rights defenders broadens, the number of attacks on them increases from both, the state and private entities since protection afforded to human rights defenders has remained the same despite the evolution of rights bill seeks to recognize, promote and enhance the mechanism for the protection of those most vulnerable to violation of their rights, the human rights defendersaiming at rectifying this glaring lacuna, this bill sets out to carry out three major functions firstly, it reasserts that the rights and freedoms that an ordinary indian citizen enjoys are to be availed by a human rights defender secondly by recognizing that human rights defenders, through the virtue of their work, require enhanced protection of their rights, it establishes the obligations of the state in protecting them thirdly, given the loopholes in the existing protection mechanism for human rights defender, this bill seeks to establish a new mechanism, remedying existing problems, while pre-empting future necessities of human rights defendersin an increasingly rights-oriented world, this bill provides india the opportunity to display its commitment to the principles laid down in the udhr and the indian constitution the immediate enactment of this bill has the potential of creating a ripple-effect; protecting rights of human rights defenders establishes confidence amongst them in ensuring protection and promotion of rights of other ordinary citizens thus, with the aim of affirming, promoting and protect human rights, social and ecological justice rights and fundamental freedoms in indiathe bill seeks to achieve the above objectives financial memorandumclause 30 of the bill provides for establishment of mechanism for the protection of human rights defenders clause 32 provides for the constitution of a fund for the protection of human rights defenders the bill, therefore, if enacted, would involve recurring and expenditure non-recurring however, at this stage, it is difficult to estimate the expenditure to be incurred from the consolidated fund of india memorandum regarding delegated legislationclause 36 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 ensure protection of individuals, groups, associations engaged in protection and promotion of human rights and fundamental freedoms and for matters connected therewith or incidental thereto————(shri ap jithender reddy, mp)mgipmrnd—2467ls(s3)—19-12-2018

Parliament_bills

0a6b866a-deb1-5945-88bc-af9425019f55

bill no xxix of 2008 the constitution (amendment) bill, 2008 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2008(2) it shall come into force with immediate effectshort title and commencement5amendment of article 852 in article 85 of the constitution, in clause (1), the following proviso shall be inserted,namely:provided that each house of parliament shall sit at least for one hundred and twenty days in a yearamendment of article 174103 in article 174 of the constitution, in clause (1), the following proviso shall be inserted, namely:provided that the house or each house of the legislature of the state shall sit at least for sixty days in a year statement of objects and reasonsover the years, there is a continuous decline in the number of sittings of the rajya sabha as well as of the lok sabha during the first three decades, after adoption of the parliamentary form of governance in the country, the two houses used to sit for more than one hundred ten days in each calendar year the number of sittings of lok sabha and rajya sabha in a year has started decreasing from one hundred ten days to eighty days in the last few years this, of course, is not a healthy trend of the parliamentary democracy, as its adverse effects are reflected in the quantum of legislations passed by parliament and discussion on various national and international issues similar or the worst is the case of assemblies in various states these assemblies are hardly sitting on an average thirty days in a year certainly, there is a need for increasing the number of sittings of legislative bodies by prescribing the minimum number of days of sittings for both the houses of parliament and assemblies in the states in a calendar year, so that issue concerning the public at large could be discussed and more laws could be passed to make the parliamentary democracy vibrant it is, therefore, desirable that both the houses of parliament should sit at least for one hundred and twenty days in a year and the assemblies of the states should sit at least for sixty days in a yearthe bill seeks to achieve the above objectivesmahendra mohan annexure extracts from the constitution of india 85 sessions of parliament, prorogation and dissolution—(1) the president shall from time to time summon each house of parliament to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session(2) the president may from time to time—(a) prorogue the houses or either house; (b) dissolve the house of the people 174 sessions of the state legislature, prorogation and dissolution— (1) the governor shall from time to time summon the house or each house of the legislature of the state to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session(2) the governor may from time to time—(a) prorogue the house or either house; (b) dissolve the legislative assembly rajya sabha———— a billfurther to amend the constitution of india————(shri mahendra mohan, mp)gmgipmrnd—4751rs(s-5)—29122008

Parliament_bills

85eb3d5f-b276-51b6-8999-14ff5c00a0c3

the juvenile justice (care and protection of children) bill, 2014—————— arrangement of clauses—————— chapter i preliminary clauses1short title, extent, commencement and application2definitions chapter ii general principles of care and protection of children3general principles to be followed in administration of act chapter iii juvenile justice board4juvenile justice board5placement of person, who ceases to be a child during the process of inquiry6placement of persons, who committed an offence, when the person was below the age of eighteen years7placement of a person above the age of twenty-one years for committing any offence when he was a child8procedure in relation to board9powers, functions and responsibilities of the board10procedure to be followed by a magistrate who has not been empowered under this act chapter iv procedure in relation to children in conflict with law11apprehension of child alleged to be in conflict with law12role of person in whose change child in conflict with laws placed13bail to a person who is apparently a child alleged to be in conflict with law14information to parents, guardian or probation officer15inquiry by board regarding child in conflict with law16preliminary inquiry into heinous offences by the board17review of pendency of inquiry18orders regarding a child not found to be in conflict with law clauses19orders regarding child found to be in conflict with law20powers of children's court21child attained age of twenty-one years and yet to complete prescribed term of stay in place of safety22order that may not be passed against a child in conflict with law23proceeding under chapter viii of the code of criminal procedure not to apply against child24no joint proceedings of child in conflict with law and person not a child25removal of disqualification on the findings of an offence26special provision in respect of pending cases27provision with respect of runaway child in conflict with law chapter v child welfare committee28child welfare committee29procedure in relation to committee30powers of the committee31functions and responsibilities of the committee chapter vi procedure in relation to children in need of care and protection32production before committee33mandatory reporting regarding a child found separated from guardian34offence of non-reporting35penalty for non-reporting36surrender of children37inquiry38orders passed regarding a child in need of care and protection39procedure for declaring a child legally free for adoption chapter vii rehabilitation and social re-integration40process of rehabilitation and social re-integration41restoration of child in need of care and protection42registration of child care institutions43penalty for non-registration of child care institutions44open shelter45foster care46sponsorship47after care of children leaving child care institution48observation homes49special homes50place of safety clauses51children's home52fit facility53fit person54rehabilitation and re-integration services in institutions registered under this act and management thereof55inspection of institutions registered under this act56evaluation of functioning of structures chapter viii adoption57adoption58eligibility of prospective adoptive parents59procedure for adoption by indian prospective adoptive parents living in india60procedure for inter-country adoption of an orphan or abandoned or surrendered child61procedure for inter-country relative adoption62court procedure and penalty against payment in consideration of adoption63additional procedural requirements and documentation64effect of adoption65reporting of adoption66specialised adoption agencies67adoption of children residing in institutions not registered as adoption agencies68state adoption resources agency69central adoption resource authority70steering committee of authority71powers of authority72annual report of authority73grants by central government74accounts and audit of authority chapter ix other offences against children75prohibition on disclosure of identity of children76punishment for cruelty to child77employment of child for begging78penalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child79using a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance80exploitation of a child employee81punitive measures for adoption without following prescribed procedures82sale and procurement of children for any purpose83corporal punishment84use of child by militant groups or other adults85kidnapping and abduction of child clauses86 offences committed on disabled children 87 classification of offences and designated court 88 abetment 89 alternative punishment 90 offence committed by child under this chapter chapter x miscellaneous91 attendance of parent or guardian of child 92 dispensing with attendance of child 93 placement of a child suffering from disease requiring prolonged medical treatment inan approved place94 transfer of a child who is mentally ill or addicted to alcohol or other drugs 95 presumption and determination of age 96 transfer of a child to place of residence 97 transfer of child between children's homes, or special homes or fit facility or fit personin different parts of india98 release of a child from an institution 99 leave of absence to a child placed in an institution100reports to be treated as confidential101protection of action taken in good faith102appeals103revision104procedure in inquiries, appeals and revision proceedings105power of the committee or the board to amend its own orders106juvenile justice fund107state child protection society and district child protection unit108child welfare police officer and special juvenile police unit109power to make rules110repeal and savings111power to remove difficulties bill no 99 of 2014 the juvenile justice (care and protection of children) bill, 2014 a billto consolidate and amend the law relating to children alleged and found to be in conflictwith law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental theretowhereas, the provisions of the constitution confer powers and impose duties, under clause (3) of article 15, clauses (e) and (f) of article 39, article 45 and article 47, on the state to ensure that all the needs of children are met and that their basic human rights are fully protected;and whereas, the government of india has acceded on the 11th december, 1992 to the convention on the rights of the child, adopted by the general assembly of united nations, which has prescribed a set of standards to be adhered to by all state parties in securing the best interest of the child;and whereas, it is expedient to re-enact the juvenile justice (care and protection of children) act, 2000 to make comprehensive provisions for children alleged and found to be in conflict with law and children in need of care and protection, taking into consideration the standards prescribed in the convention on the rights of the child, the united nations standard minimum rules for the administration of juvenile justice, 1985 (the beijing rules), the united nations rules for the protection of juveniles deprived of their liberty (1990), the hague convention on protection of children and co-operation in respect of intercountry adoption (1993), and other related international instrumentsbe it enacted by parliament in the sixty-fifth year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the juvenile justice (care and protection of children)act, 2014(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent, commencement and application(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint10(4) notwithstanding anything contained in any other law for the time being in force, the provisions of this act shall apply to all matters concerning children in need of care and protection and children in conflict with law, including —(i) apprehension, detention, prosecution, penalty or imprisonment, rehabilitation and social re-integration of children in conflict with law;15(ii) procedures and decisions or orders relating to rehabilitation, adoption, re-integration, and restoration of children in need of care and protectiondefinitions2 in this act, unless the context otherwise requires,—(1) "abandoned child" means a child deserted by his biological or adoptive parents or guardians, who has been declared as abandoned by the committee after due inquiry;20(2) "adoption" means the process through which the adopted child is permanently separated from his biological parents and becomes the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to a legitimate child;25(3) "adoption regulations" means the regulations framed by the authority and notified by the central government in respect of adoption;(4) "administrator" means any district official not below the rank of deputy secretary to the state, on whom magisterial powers have been conferred;30(5) "aftercare" means making provision of support, financial or otherwise, to persons, who have completed the age of eighteen years but have not completed the age of twenty-one years, and have left any institutional care to join the mainstream of the society;35(6) "authorised foreign adoption agency" means a foreign social or child welfare agency that is authorised by the central adoption resource authority on the recommendation of their central authority or government department of that country for sponsoring the application of non-resident indian or overseas citizen of india or persons of indian origin or foreign prospective adoptive parents for adoption of a child from india;(7) "authority" means the central adoption resource authority constituted under section 69;(8) "begging" means—(i) soliciting or receiving alms in a public place or entering into any private premises for the purpose of soliciting or receiving alms, under any pretence;5(ii) exposing or exhibiting with the object of obtaining or extorting alms,any sore, wound, injury, deformity or disease, whether of himself or of any other person or of an animal;(9) "best interest of child" means the basis for any decision taken regarding the child, to ensure fulfilment of his basic rights and needs, identity, social well-being and physical, emotional and intellectual development;10(10) "board" means a juvenile justice board constituted under section 4; (11) "central authority" means the government department recognised as such under the hague convention on protection of children and cooperation in intercountry adoption (1993);(12) "child" means a person who has not completed eighteen years of age;15(13) "child in conflict with law" means a child who is alleged or found to have committed an offence and who has not completed eighteen years of age on the date of commission of such offence;(14) "child in need of care and protection" means a child—(i) who is found without any home or settled place of abode and without any ostensible means of subsistence; or20(ii) who is found working in contravention of labour laws for the time being in force or is found begging, or living on the street; or(iii) who resides with a person (whether a guardian of the child or not) and such person—25(a) has injured, exploited, abused or neglected the child or hasviolated any other law for the time being in force meant for the protection of child; or(b) has threatened to kill, injure, exploit or abuse the child and thereis a reasonable likelihood of the threat being carried out; or30(c) has killed, abused, neglected or exploited some other child orchildren and there is a reasonable likelihood of the child in question being killed, abused, exploited or neglected by that person; or35(iv) who is mentally ill or mentally or physically challenged or sufferingfrom terminal or incurable disease, having no one to support or look after or having parents or guardians unfit to take care, if found so by the board or the committee; or(v) who has a parent or guardian and such parent or guardian is found tobe unfit or incapacitated, by the committee or the board, to care for and protect the safety and well-being of the child; or40(vi) who does not have parents and no one is willing to take care of, orwhose parents have abandoned or surrendered him; or(vii) who is missing or run away child, or whose parents cannot be foundafter making reasonable inquiry in such manner as may be prescribed; or(viii) who is being or is likely to be abused, tortured or exploited for thepurpose of sexual abuse or illegal acts; or45(ix) who is found vulnerable and is likely to be inducted into drug abuse ortrafficking; or(x) who is being or is likely to be abused for unconscionable gains ; or(xi) who is victim of or affected by any armed conflict, civil unrest or natural calamity; or5(xii) who is at imminent risk of marriage before attaining the age of marriage and whose parents, family members, guardian and any other persons are likely to be responsible for solemnisation of such marriage; (15) "child friendly" means any behaviour, conduct, practice, process, attitude, environment or treatment that is humane, considerate and in the best interest of the child;10(16) "child legally free for adoption" means a child declared as such by the committee after making due inquiry under section 39;15(17) "children's home" means a children's home, established or maintained, in every district or group of districts, by the state government, either by itself, or through a voluntary or non-governmental organisation, and is registered as such for the purposes specified in section 51;(18) "child welfare officer" means an officer attached to a children's home, for carrying out the directions given by the committee or, as the case may be, the board with such responsibility as may be prescribed;20(19) "child welfare police officer" means an officer designated as such under sub-section (1) of section 108;4 of 200632 of 2012 25(20) "children's court'' means a court established under the commissions for protection of child rights act, 2005 or a special court under the protection of children from sexual offences act, 2012, wherever existing and where such courts have not been designated, the court of sessions having jurisdiction to try offences under the act;(21) "child care institution" means children home, open shelter, observation home, special home, place of safety, specialised adoption agency and a fit facility recognised under this act for providing care and protection to children, who are in need of such services;30(22) "court" means a civil court, which has jurisdiction in matters of adoption and guardianship and may include the district court, family court and city civil courts;(23) "committee" means a child welfare committee constituted under of section 28;35(24) "corporal punishment" means the subjecting of a child by any person to physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming the child;40(25) "childline services" means a twenty-four hours emergency outreach service for children in crisis which links them to emergency or long-term care and rehabilitation service;(26) "district child protection unit" means a child protection unit for a district, established by the state government under section 107, which is the focal point to ensure the implementation of this act and other child protection measures in the district;45(27) "fit facility" means a facility being run by a governmental organisation or a registered voluntary or non-governmental organisation, prepared to temporarily own the responsibility of a particular child for a specific purpose, and such facility is recognised as fit for the said purpose, by the committee, as the case may be, or the board, under sub-section (1) of section 52;(28) "fit person" means any person, prepared to own the responsibility of a child, for a specific purpose, and such person is identified after inquiry made in this behalf and recognised as 'fit' for the said purpose, by the committee or, as the case may be, the board, to receive and take care of the child;5(29) "foster care" means placement of a child, by the committee for the purposeof alternate care in the domestic environment of a family, other than the child's biological family, that has been selected, qualified, approved and supervised for providing such care;10(30) "foster family" means a family found suitable by the district child protectionunit to keep children in foster care under section 45;(31) "guardian" in relation to a child, means his natural guardian or any other person having, in the opinion of the committee or, as the case may be, the board, the actual charge of the child, and recognised by the committee or, as the case may be, the board as a guardian in the course of proceedings;15(32) "group foster care" means a family like care facility for children in need ofcare and protection who are without parental care, aiming on providing personalised care and fostering a sense of belonging and identity, through family like and community based solutions;45 of 186020(33) "heinous offences" includes the offences for which the minimum punishmentunder the indian penal code or any other law for the time being in force is imprisonment for seven years or more;(34) "inter-country adoption" means adoption of a child from india by nonresident indian or by a person of indian origin or by a foreigner;(35) "juvenile" means a child below the age of eighteen years;2561 of 1985(36) "narcotic drug" and "psychotropic substance" shall have the meanings,respectively, assigned to them in the narcotic drugs and psychotropic substances act, 1985;(37) "no objection certificate" for inter-country adoption means a certificate issued by the central adoption resource authority for the said purpose;30(38) "non-resident indian" means a person who holds an indian passport andis presently residing abroad for more than one year;(39) "notification" means the notification published in the official gazette of india, or as the case may be, in the gazette of a state, and the expression "notify" shall be construed accordingly;35(40) "observation home" means an observation home established and maintainedin every district or group of districts by a state government, either by itself, or through a voluntary or non-governmental organisation, and is registered as such, for the purposes specified in sub-section (1) of section 48;40(41) "open shelter" means a facility for children, established and maintained bythe state government, either by itself, or through a voluntary or non-governmental organisation under sub-section (1) of section 44, and registered as such, for the purposesspecified in that section;(42) "orphan" means a child—(i) who is without biological or adoptive parents or legal guardian; or45(ii) whose legal guardian is not willing to take, or capable of taking care ofthe child;57 of 1955(43) "overseas citizen of india" means a person registered as such under the citizenship act, 1955;5(44) "person of indian origin" means a person, any of whose lineal ancestors is or was an indian national, and who is presently holding a person of indian origin card issued by the central government;45 of 1860(45) "petty offences" includes the offences for which the maximum punishment under the indian penal code or any other law for the time being in force is imprisonment up to three years;10(46) "place of safety" means any place or institution, not being a police lockup or jail, established separately or attached to an observation home or a special home, as the case may be, the person in-charge of which is willing to receive and take care of the children alleged or found to be in conflict with law, by an order of the board or the children's court, both during inquiry and ongoing rehabilitation after having been found guilty for a period and purpose as specified in the order;15(47) "prescribed" means prescribed by rules made under this act;20 of 1958(48) "probation officer" means an officer appointed by the state government as a probation officer under the probation of offenders act, 1958 or the legal-cum- probation officer appointed by the state government under district child protection unit;20(49) "prospective adoptive parents" means a person or persons eligible to adopt a child as per the provision of section 58;(50) "public place" shall have the same meaning assigned to it in the immoral traffic (prevention) act, 1956;104 of 195625 30(51) "registered", with reference to child care institutions or agencies or facilities managed by the state government, or a voluntary or non-governmental organisation, means observation homes, special homes, place of safety, children's homes, open shelters or specialised adoption agency or fit facility or any other institution that may come up in response to a particular need or agencies or facilities authorised and registered under section 42, for providing residential care to children, on a short-term or long-term basis;(52) "relative", in relation to a child for the purpose of adoption under this act, means a paternal uncle or aunt, or a maternal uncle or aunt, or paternal grandparent or maternal grandparent;35(53) "state agency" means the state adoption resource agency set up by the state government for dealing with adoption and related matters under section 68;45 of 1860(54) "serious offences" includes the offences for which the punishment under the indian penal code or any other law for the time being in force, is imprisonment between three to seven years;40(55) "special juvenile police unit" means a unit of the police force of a district or city or, as the case may be, any other police unit like railway police, dealing with children and designated as such for handling children under section 108;45(56) "special home" means an institution established by a state government or by a voluntary or non-governmental organisation, registered under section 49, for housing and providing rehabilitative services to children in conflict with law, who are found, through inquiry, to have committed an offence and are sent to such institution by an order of the board;(57) "specialised adoption agency" means an institution established by the state government or by a voluntary or non-governmental organisation and recognised under section 66, for housing orphans, abandoned and surrendered children, placed there by order of the committee, for the purpose of adoption;5(58) "sponsorship" means provision of supplementary support, financial orotherwise, to the families to meet the medical, educational and developmental needs of the child;(59) "state government", in relation to a union territory, means the administrator of that union territory appointed by the president under article 239 of the constitution;10(60) "surrendered child" means a child, who is relinquished by the parent orguardian to the committee, on account of physical, emotional and social factors beyond their control, and declared as such by the committee;(61) all words and expressions used but not defined in this act and defined in other acts shall have the meanings respectively assigned to them in those acts chapter ii general principles of care and protection of children153 the central government, the state governments, the board, and other agencies, as the case may be, while implementing the provisions of this act shall be guided by the following fundamental principles, namely:––general principles to be followed in administration of act(i) principle of presumption of innocence: any child shall be presumed to be an innocent of any mala fide or criminal intent up to the age of eighteen years20(ii) principle of dignity and worth: all human beings shall be treated with equaldignity and rights(iii) principle of participation: every child shall have a right to be heard and to participate in all processes and decisions affecting his interest and the child's views shall be taken into consideration with due regard to the age and maturity of the child25(iv) principle of best interest: all decisions regarding the child shall be based onthe primary consideration that they are in the best interest of the child and to help the child to develop full potential30(v) principle of family responsibility: the primary responsibility of care, nurtureand protection of the child shall be that of the biological family or adoptive or foster parents, as the case may be(vi) principle of safety: all measures shall be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter35(vii) positive measures: all resources are to be mobilised including those offamily and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this act(viii) principle of non-stigmatising semantics: adversarial or accusatory wordsare not to be used in the processes pertaining to a child40(ix) principle of non-waiver of rights: no waiver of any of the right of the childis permissible or valid, whether sought by the child or person acting on behalf of the child, or a board or a committee and any non-exercise of a fundamental right shall not amount to waiver45(x) principle of equality and non-discrimination: there shall be nodiscrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability or offence committed, and equality of access, opportunity and treatment shall be provided to every child(xi) principle of right to privacy and confidentiality: every child shall have a right to protection of his privacy and confidentiality, by all means and throughout the judicial process5(xii) principle of institutionalisation as a measure of last resort: a child shall be placed in institutional care as a step of last resort after making a reasonable inquiry10(xiii) principle of repatriation and restoration: every child in the juvenile justice system shall have the right to be re-united with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in, before coming under the purview of this act, unless such restoration and repatriation is not in his best interest(xiv) principle of fresh start: all past records of any child under the juvenile justice system should be erased except in special circumstances15(xv) principle of diversion: measures for dealing with children in conflict with law without resorting to judicial proceedings shall be promoted unless it is in the best interest of the child or the society as a whole(xvi) principles of natural justice: basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this act chapter-iii20 juvenile justice boardjuvenile justice board2 of 19744 (1) notwithstanding anything contained in the code of criminal procedure, 1973, the state government shall, constitute for every district, one or more juvenile justice boards for exercising the powers and discharging its functions relating to children in conflict with law under this act252 of 197430 35(2) a board shall consist of a metropolitan magistrate or a judicial magistrate of the first class not being chief metropolitan magistrate or chief judicial magistrate (hereinafter referred to as principal magistrate) with at least three years of experience and two social workers from two different reputed non-governmental organisations selected in such manner as may be prescribed, of whom at least one shall be a woman, forming a bench and every such bench shall have the powers conferred by the code of criminal procedure, 1973 on a metropolitan magistrate or, as the case may be, a judicial magistrate of the first class(3) no social worker shall be appointed as a member of the board unless such person has been actively involved in health, education, or welfare activities pertaining to children for atleast seven years or a practicing professional with a degree in child psychology, psychiatry, sociology or law(4) no person shall be eligible for selection as a member of the board, if he ––(i) has any past record of violation of human rights or child rights;40(ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or has not been granted full pardon in respect of such offence;(iii) has been removed or dismissed from service of the central government or a state government or an undertaking or corporation owned or controlled by the central government or a state government;45(iv) has ever indulged in child abuse or employment of child labour or any other violation of human rights or immoral act (5) the state government shall ensure that induction training and sensitisation of all members including principal magistrate of the board on care, protection, rehabilitation, legal provisions and justice for children, as may be prescribed, is provided within a period of sixty days from the date of appointment(6) the term of office of the members of the board and the manner in which such member may resign shall be such, as may be prescribed(7) the appointment of any member of the board, except the principal magistrate, may be terminated after holding an inquiry by the state government, if he ––5(i) has been found guilty of misuse of power vested under this act; or (ii) fails to attend the proceedings of the board consecutively for three monthswithout any valid reason; or(iii) fails to attend less than three-fourths of the sittings in a year; or(iv) becomes ineligible under sub-section (4) during his term as a member10placement of person, who cease to be a child during the process of inquiry5 where an inquiry has been initiated in respect of any child under this act, and during the course of such inquiry, the child completes the age of eighteen years, then, notwithstanding anything contained in this act or in any other law for the time being in force, the inquiry may be continued by the board and orders may be passed in respect of such person as if such person had continued to be a child156 (1) any person, who has completed eighteen years of age, but is below twenty-one years of age and is apprehended for committing an offence when he was below the age of eighteen years, then, such person shall, subject to the provisions of this section, be treated as a child during the process of inquiry20(2) the person referred in sub-section (1), if not released on bail by the board shall be placed in a place of safety during the process of inquiryplacement of persons, who committed an offence, when the person was below the age of eighteen years(3) the person referred to in sub-section (1) shall be treated as per the procedure specified under the provisions of this act257 any person, who is apprehended after completing the age of twenty-one years, for committing any serious or heinous offence when such person was between the age of sixteen to eighteen years, then he shall, subject to the provisions of this act, be tried as an adultplacement of a person above age of twenty-one years for committing any offence when he was a childprocedure in relation to board308 (1) the board shall meet at such times and shall observe such rules in regard to the transaction of business at its meetings, as may be prescribed and shall ensure that all procedures are child friendly and that the venue is not intimidating to the child and does not resemble as regular courts(2) a child in conflict with law may be produced before an individual member of the board, when the board is not in sitting35(3) a board may act notwithstanding the absence of any member of the board, and no order passed by the board shall be invalid by the reason only of the absence of any member during any stage of proceedings:provided that there shall be atleast two members including the principal magistrate present at the time of final disposal of the case or in making an order under sub-section (3) of section 1940(4) in the event of any difference of opinion among the members of the board in the interim or final disposal, the opinion of the majority shall prevail, but where there is no such majority, the opinion of the principal magistrate, shall prevailpowers, functions and responsibilities of the board459 (1) notwithstanding anything contained in any other law for the time being in force but save as otherwise expressly provided in this act, the board constituted for any district shall have the power to deal exclusively with all the proceedings under this act, relating to children in conflict with law, in the area of jurisdiction of such board(2) the powers conferred on the board by or under this act may also be exercised by the high court and the children's court, when the proceedings come before them under section 20 or in appeal, revision or otherwise(3) the functions and responsibilities of the board shall include ––5(a) ensuring the informed participation of the child and the parent or guardian, in every step of the process;(b) ensuring that the child's rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation;10(c) ensuring availability of legal aid for the child through the legal services institutions;(d) wherever necessary the board shall provide an interpreter or translator, having such qualifications, experience, and on payment of such fees as may be prescribed, to the child if he fails to understand the language used in the proceedings;15(e) directing the probation officer, or in case a probation officer is not available to the child welfare officer or a social worker, to undertake a social investigation into the case and submit a social investigation report within a period of fifteen days from the date of first production before the board to ascertain the circumstances in which the alleged offence was committed;(f) adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry specified in section 15;20(g) transferring to the committee, matters concerning the child alleged to be in conflict with law, stated to be in need of care and protection at any stage, hereby recognising that a child in conflict with law can also be a child in need of care simultaneously and there is a need for the committee and the board to be both involved;25(h) disposing of the matter and passing a final order that includes an individual care plan for the child's rehabilitation, including follow up by the probation officer or the district child protection unit or a member of a non-governmental organisation, as may be required;30(i) conducting inquiry for declaring "fit persons" regarding care of children in conflict with law;(j) conducting at least one inspection visit every month of residential facilities for children in conflict with law and recommend action for improvement in quality of services to the district child protection unit and the state government;35(k) order the police for registration of first information report for offences committed against any child in conflict with law, under this act or any other law for the time being in force, on a complaint made in this regard;(l) order the police for registration of first information report for offences committed against any child in need of care and protection, under this act or any other law for the time being in force, on a written complaint by a committee in this regard;40(m) conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of such a child to the observation home; and(n) any other function as may be prescribed4510 (1) when a magistrate, not empowered to exercise the powers of the board under this act is of the opinion that the person alleged to have committed the offence and brought before him is a child, he shall, without any delay, record such opinion and forward the child immediately along with the record of such proceedings to the board having jurisdictionprocedure to be followed by a magistrate who has not been empowered under this act(2) in case a person alleged to have committed an offence claims before a court other than a board, that the person is a child or was a child on the date of commission of the offence, or if the court itself is of the opinion that the person was a child on the date of commission of the offence, the said court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) to determine the age of such person, and shall record a finding on the matter, stating the age of the person as nearly as may be:5provided that such a claim may be raised before any court and it shall be recognisedat any stage, even after final disposal of the case, and such a claim shall be determined in accordance with the provisions contained in this act and the rules made thereunder even if the person has ceased to be a child on or before the date of commencement of this act10(3) subject to provisions of section 7, if the court finds that a person has committed an offence and was a child on the date of commission of such offence, it shall forward the child to the board for passing appropriate orders and the sentence, if any, passed by the court shall be deemed to have no effect15(4) in case a person under this section is required to be kept in protective custody, while the person's claim of being a child is being inquired into, such person may be placed, in the intervening period in a place of safety chapter iv procedure in relation to children in conflict with law20apprehension of child alleged to be in conflict with law11 (1) as soon as a child alleged to be in conflict with law is apprehended by the police, such child shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer, who shall produce the child before the board without any loss of time but within a period of twenty-four hours of apprehending the child excluding the time necessary for the journey, from the place where such child was apprehended:provided that in no case, a child alleged to be in conflict with law shall be placed in a police lockup or lodged in a jail25(2) the state government shall make rules consistent with this act,—(i) to provide for persons through whom (including registered voluntary or nongovernmental organisations) any child alleged to be in conflict with law may be produced before the board;30(ii) to provide for the manner in which the child alleged to be in conflict with law may be sent to an observation home or place of safety, as the case may be12 any person in whose charge a child in conflict with law is placed, shall while theorder is in force, have responsibility of the said child, as if the said person was the child's parent and responsible for the child's maintenance:role of person in whose charge child in conflict with law is placed35provided that the child shall continue in such person's charge for the period stated by the board, notwithstanding that the said child is claimed by the parents or any other person except when the board is of the opinion that the parent or any other person are fit to exercise charge over such child402 of 1974bail to a person who is apparently a child alleged to be in conflict with law13 (1) when any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a board, such person shall, notwithstanding anything contained in the code of criminal procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person:45provided that such person shall not be so released if there appears reasonable grounds for believing that the release is likely to bring that person into association with any known criminal or expose the said person to moral, physical or psychological danger or the person's release would defeat the ends of justice, and the board shall record the reasons for denying the bail and circumstances that led to such a decision(2) when such person having been apprehended is not released on bail under subsection (1) by the officer-in-charge of the police station, such officer shall cause the person to be kept only in an observation home in such manner as may be prescribed until the person can be brought before a board5(3) when such person is not released on bail under sub-section (1) by the board, it shall make an order sending him to an observation home or a place of safety, as the case may be, for such period during the pendency of the inquiry regarding the person, as may be specified in the order10(4) when a child in conflict with law is unable to fulfil the conditions of bail order within seven days of the bail order, such child shall be produced before the board for modification of the conditions of bail1514 (1) where a child alleged to be in conflict with law is apprehended, the officer designated as child welfare police officer of the police station, or the special juvenile police unit to which such child is brought, shall, as soon as possible after apprehending the child, inform —information to parents, guardian or probation officer(i) the parent or guardian of such child, if they can be found, and direct them to be present at the board before which the child is produced; and20(ii) the probation officer, or if no probation officer is available, a child welfare officer, for preparation and submission within two weeks to the board, a social investigation report containing information regarding the antecedents and family background of the child and other material circumstances likely to be of assistance to the board for making the inquiry (2) where a child is released on bail, the probation officer or the child welfare officer shall be informed by the board2515 (1) where a child alleged to be in conflict with law is produced before board, the board shall hold an inquiry in accordance with the provisions of this act and may pass such orders in relation to such child as it deems fit under sections 18 and 19 of this actinquiry by board regarding child in conflict with law30(2) the inquiry under this section shall be completed within a period of four months from the date of first production of the child before the board, unless the period is extended, for a maximum period of two more months by the board, having regard to the circumstances of the case and after recording the reasons in writing for such extension(3) a preliminary inquiry in case of heinous offences under section 16 shall be disposed of by the board within a period of one month from the date of first production of the child before the board35(4) if inquiry by the board under sub-section (2) for petty or serious offences remains inconclusive even after the extended period, the proceedings shall stand terminated:40provided that for heinous offences, in case the board requires further extension of time for completion of inquiry, the same shall be granted by the chief judicial magistrate or, as the case may be, the chief metropolitan magistrate, for reasons to be recorded in writing(5) the board shall take the following steps to ensure fair and speedy inquiry, namely:—45(a) at the time of initiating the inquiry, the board shall satisfy itself that the child in conflict with law has not been subjected to any ill-treatment by the police or by any other person, including a lawyer or probation officer and take corrective steps in case of such ill-treatment;(b) in all cases under the act, the proceedings shall be conducted in simple manner as possible and care shall be taken to ensure that the child, against whom the proceedings have been instituted, is given child-friendly atmosphere during the proceedings;(c) every child brought before the board shall be given the opportunity of being heard and participate in the inquiry;5| ( ||------------------------------------------------------------------------------------|| proceedings, as per the procedure prescribed under the code of criminal procedure, || 1973; |2 of 1974(e) inquiry of serious offences shall be disposed of by the board, by followingthe procedure, for trial in summons cases under the code of criminal procedure 1973;2 of 1974(f) inquiry of heinous offences,—10| ( | i | ) for child below the age of sixteen years as on the date of commission of ||------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------|| an offence shall be disposed of by the board under clause ( | e | ); || ( | ii | ) for child above the age of sixteen years as on the date of commission || of an offence shall be dealt with in the manner prescribed under section 16 | | |15preliminary inquiry into heinous offences by the board16 (1) in case of a heinous offence committed by a child who has completed or is above the age of sixteen years, the board shall conduct a preliminary inquiry with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he committed the offence, and may pass an order in accordance with the provisions of sub-section (3) of section 19:provided that for such an inquiry, the board may take the assistance of experienced psychologists, psycho-social workers and other experts20(2) where the board is satisfied on preliminary inquiry that the matter should bedisposed of by the board, then the board shall follow the procedure, as far as may be, for trial in summons case under the code of criminal procedure, 1973:2 of 1974provided that the inquiry under this section shall be completed within the period specified in section 1525review of pendency of inquiry17 (1) the chief judicial magistrate or the chief metropolitan magistrate shallreview the pendency of cases of the board once in every three months, and shall direct the board to increase the frequency of its sittings or may recommend the constitution of additional boards30(2) the number of cases pending before the board, duration of such pendency,nature of pendency and reasons thereof shall be reviewed in every six months by a high level committee consisting of the executive chairperson of the state legal services authority, who shall be the chairperson, the home secretary, the secretary responsible for the implementation of this act in the state and a representative from a voluntary or nongovernmental organisation to be nominated by the chairperson35(3) the information of such pendency shall also be furnished by the board to thechief judicial magistrate or the chief metropolitan magistrate and the district magistrate on quarterly basis in such form as may be prescribed by the state government4018 (1) where a board is satisfied on inquiry that the child brought before it has notcommitted any offence, then notwithstanding anything contrary contained in any other law for the time being in force, the board shall pass order to that effectorders regarding a child not found to be in conflict with law(2) in case it appears to the board that the child referred to in sub-section (1) is inneed of care and protection, it may refer the child to the committee with appropriate directions45orders regarding child found to be in conflict with law19 (1) where a board is satisfied on inquiry that a child irrespective of age hascommitted a petty offence, or a serious offence, or a child below the age of sixteen years has committed a heinous offence, then, notwithstanding anything contrary contained in any other law for the time being in force, and based on the nature of offence, specific need for supervision or intervention, circumstances as brought out in the social investigation reportand past conduct of the child, the board may, if it so thinks fit,—(a) allow the child to go home after advice or admonition by following appropriate inquiry and counselling to such child and to his parents or the guardian;(b) direct the child to participate in group counselling and similar activities;5(c) order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identified by the board;(d) order the child or parents or the guardian of the child to pay fine: provided that, in case the child is working, it may be ensured that the provisions of any labour law for the time being in force are not violated;10(e) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the board may require, for the good behaviour and child's well-being for any period not exceeding three years;15(f) direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child's well-being for any period not exceeding three years;20(g) direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support during the period of stay in the special home:provided that if the conduct and behaviour of the child has been such that, it would not be in the child's interest, or in the interest of other children housed in a special home, the board may send such child to the place of safety25(2) if an order is passed under clauses (a) to (g) of sub-section (1), the board may, in addition pass orders to—(i) attend school; or(ii) attend a vocational training centre; or(iii) attend a therapeutic centre; or30(iv) prohibit the child from visiting, frequenting or appearing at a specified place;or(v) undergo a de-addiction programme35(3) where the board after preliminary inquiry under section 16 comes to the conclusion that there is a need for further trial of the said child as an adult, then the board may order transfer of the trial of the case to the children's court having jurisdiction to try such offences20 (1) after the receipt of preliminary inquiry from the board under section 16, the children´s court may decide that—powers of children's court40(i) there is a need for trial of the child as an adult as per the provisions of the code of criminal procedure, 1973 and pass appropriate orders after trial subject to the provisions of this section and section 22; or(ii) there is no need for trial of the child as an adult and may conduct an inquiry as a board and pass appropriate orders in accordance with the provisions of section 18(2) the children's court shall ensure that the final order, with regard to a child in conflict with law, shall include an individual care plan for the rehabilitation of child, including follow up by the probation officer or the district child protection unit or a social worker5(3) the children's court shall ensure that the child who is found to be in conflict with law is sent to a place of safety till he attains the age of twenty-one years and thereafter, the person shall be transferred to a jail:10provided that the reformative services including educational services, skill development, alternative therapy such as counselling, behaviour modification therapy, and psychiatric support shall be provided to the child during the period of his stay in the place of safety(4) the children's court shall ensure that there is a periodic follow up report every year by the probation officer or the district child protection unit or a social worker, as required, to evaluate the progress of the child in the place of safety and to ensure that there is no ill-treatment to the child in any form15(5) the reports under sub-section (4) shall be forwarded to the children´s court for record and follow up, as may be required2021 (1) when the child in conflict with the law attains the age of twenty-one years and is yet to complete the term of stay, the children´s court shall provide for a follow up by the probation officer or the district child protection unit or a social worker or by itself, as required, to evaluate if such child has undergone reformative changes and if the child can be a contributing member of the society and for this purpose the progress records of the child under sub-section (4) of section 20, along with evaluation of relevant experts are to be taken into considerationchild attained age of twenty-one years and yet to complete prescribed term of stay in place of safety25(2) after the completion of the procedure specified under sub-section (1), the children's court may—(i) decide to release the child on such conditions as it deems fit which includes appointment of a monitoring authority for the remainder of the prescribed term of stay;(ii) decide that the child shall complete the remainder of his term in a jail:provided that each state government shall maintain a list of monitoring authorities and monitoring procedures as may be prescribed3045 of 186022 no child in conflict with law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of this act or under the provisions of the indian penal code or any other law for this time being in forceorder that may not be passed against a child in conflict with law352 of 197423 notwithstanding anything to the contrary contained in the code of criminalprocedure, 1973, or any preventive detention law for the time being in force, no proceeding shall be instituted and no order shall be passed against any child under chapter viii of the said codeproceeding under chapter viii of the code of criminal procedure not to apply against child2 of 19744024 (1) notwithstanding anything contained in section 223 of the code of criminalprocedure, 1973 or in any other law for the time being in force, there shall be no joint proceedings of a child alleged to be in conflict with law, with a person who is not a childno joint proceedings of child in conflict with law and person not a child(2) if during the inquiry by the board or by the children's court, the person alleged tobe in conflict with law is found that he is not a child, such person shall not be tried along with a childremoval of disqualification on the findings of an offence25 (1) notwithstanding anything contained in any other law for the time being inforce, a child who has committed an offence and has been dealt with under the provisions of this act shall not suffer disqualification, if any, attached to a conviction of an offence under such law5(2) the board shall make an order directing the police or the children's court and itsown registry that the relevant records of such conviction shall be destroyed after the expiry of the period of appeal or, as the case may be, a reasonable period as may be prescribed10(3) in case of a heinous offence when such a case is transferred to a children's courtunder section 19, the children's court shall keep the record of the child only when the child is sent to a jailspecial provision in respect of pending cases26 notwithstanding anything contained in this act, all proceedings in respect of achild alleged or found to be in conflict with law pending before any board or court on the date of commencement of this act, shall be continued in that board or court as if this act had not been enacted1527 (1) notwithstanding anything to the contrary contained in any other law for thetime being in force, any police officer may take charge of a child in conflict with law who has run away from a special home or an observation home or a place of safety or from the care of a person or institution under whom the child was placed under this actprovision with respect of run away child in conflict with law20(2) the child referred to in sub-section (1) shall be produced, within twenty four hours, preferably before the board which passed the original order in respect of that child, if possible, or, to the nearest board where the child is found25(3) the board shall ascertain the reasons for the child having run away and pass appropriate orders for the child to be sent back either to the institution or person from whose custody the child had run away or any other similar place or person, as the board may deem fit:provided that the board may also give additional directions regarding any special steps that may be deemed necessary, for the best interest of the child(4) no additional proceeding shall be instituted in respect of such child chapter v30 child welfare committeechild welfare committee3528 (1) the state government shall by notification in the official gazette constitutefor every district, one or more child welfare committees for exercising the powers and to discharge the duties conferred on such committees in relation to children in need of care and protection under this act and ensure that induction training and sensitisation of all members of the committee is provided within two months from the date of notification40(2) the committee shall consist of a chairperson, and four other members as the state government may think fit to appoint, of whom atleast one shall be a woman and another, an expert on the matters concerning children(3) the district child protection unit shall be provide with a secretary and other staff that may be required for secretarial support to the committee for its effective functioning by the state government45(4) no person shall be appointed as a member of the committee unless such person has been actively involved in health, education or welfare activities pertaining to children for atleast seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human development(5) no person shall be appointed as a member unless he possesses such other qualifications as may be prescribed(6) no person shall be appointed for a period of more than three years as a member of the committee(7) the appointment of any member of the committee shall be terminated by the state government after making an inquiry, if—(i) he has been found guilty of misuse of power vested on him under this act;5(ii) he has been convicted of an offence involving moral turpitude and suchconviction has not been reversed or he has not been granted full pardon in respect of such offence;(iii) he fails to attend the proceedings of the committee consecutively for threemonths without any valid reason or he fails to attend less than three-fourths of the sittings in a year10(8) the district magistrate shall conduct a quarterly review of the functioning of thecommittee2 of 1974(9) the committee shall function as a bench and shall have the powers conferred by the code of criminal procedure, 1973 on a metropolitan magistrate or, as the case may be, a judicial magistrate of the first class15(10) the district magistrate shall be the grievances redressal authority for the childwelfare committee and anyone connected with the child, may file a petition before the district magistrate, who shall consider and pass appropriate ordersprocedure in relation to committee2029 (1) the committee shall meet at least twenty days in a month and shall observe such rules and procedures with regard to the transaction of business at its meetings, as may be prescribed(2) a visit to an existing child care institution by the committee, to check its functioning and well being of children shall be considered as a sitting of the committee25(3) a child in need of care and protection may be produced before an individual member of the committee for being placed in a children's home or fit person when the committee is not in session(4) in the event of any difference of opinion among the members of the committee at the time of taking any decision, the opinion of the majority shall prevail but where there is no such majority, the opinion of the chairperson shall prevail30(5) subject to the provisions of sub-section (1), the committee may act, notwithstanding the absence of any member of the committee, and no order made by the committee shall be invalid by reason only of the absence of any member during any stage of the proceeding:provided that there shall be atleast three members present at the time of final disposal of the case35powers of the committee30 (1) the committee shall have the authority to dispose of cases for the care,protection, treatment, development and rehabilitation of children in need of care and protection, as well as to provide for their basic needs and protection40(2) where a committee has been constituted for any area, such committee shall, notwithstanding anything contained in any other law for the time being in force, but save as otherwise expressly provided in this act, have the power to deal exclusively with all proceedings under this act relating to children in need of care and protection31 the functions and responsibilities of the committee shall include—(i) taking cognizance of and receiving the children produced before it;functions and responsibilities of the committee45(ii) conducting inquiry on all issues relating to and affecting the safety and wellbeing of the children under this act;(iii) directing the child welfare officers or probation officers or district childprotection unit or non-governmental organisations to conduct social investigation and submit a report before the committee;(iv) conducting inquiry for declaring "fit persons" for care of children in need of care and protection;(v) directing placement of a child in foster care;5(vi) ensuring care, protection, appropriate rehabilitation or restoration of children in need of care and protection, based on the child's individual care plan and passing necessary directions to parents or guardians or fit persons or children's homes or fit facility in this regard;(vii) selecting registered institution for placement of each child requiring institutional support, based on the child's age, gender, disability and needs and keeping in mind the available capacity of the institution;10(viii) conducting atleast two inspection visits per month of residential facilities for children in need of care and protection and recommending action for improvement in quality of services to the district child protection unit and the state government;15(ix) certifying the execution of the surrender deed by the parents and ensuring that they are given time to reconsider their decision as well as making all efforts to keep the family together;(x) ensuring that all efforts are made for restoration of abandoned or lost children to their families following due process, as may be prescribed;20(xi) declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry;(xii) taking suo moto cognizance of cases and reaching out to children in need of care and protection, who are not produced before the committee, provided that such decision is taken by atleast three members;2532 of 2012(xiii) taking action for rehabilitation of sexually abused children who are reported as children in need of care and protection to the committee by special juvenile police unit or local police, as the case may be, under the protection of children from sexual offences act, 2012;(xiv) dealing with cases referred by the board under sub-section (2) of section 18;30(xv) co-ordinate with the police, labour department and other agencies involved in the care and protection of children with support of the district child protection unit or the state government;35(xvi) in case of a complaint of abuse of a child in any child care institution, the committee shall conduct an inquiry and give directions to the police or the district child protection unit or labour department or childline services, as the case may be;(xvii) accessing appropriate legal services for children; (xviii) such other functions and responsibilities, as may be prescribed chapter vi procedure in relation to children in need of care and protection4032 (1) any child in need of care and protection may be produced before the committee by any of the following persons, namely:—production before committee(i) any police officer or special juvenile police unit or a designated child welfare police officer or any officer of district child protection unit or inspector appointed under any labour law for the time being in force;(ii) any public servant; (iii) childline services or any voluntary or non-governmental organisation or any agency as may be recognised by the state government;(iv) child welfare officer or probation officer;(v) any social worker or a public spirited citizen;5(vi) by the child himself; or (vii) any nurse, doctor or management of a nursing home, hospital or maternityhome:provided that the child shall be produced before the committee without any loss of time but within a period of twenty-four hours excluding the time necessary for the journey10(2) the state government may make rules consistent with this act, to provide for the manner of submitting the report to the committee and the manner of sending and entrusting the child to children's home or shelter home or fit facility or fit person, as the case may be, during the period of the inquiry15mandatory reporting regarding a child found separated from guardian2033 (1) any individual or a police officer or any functionary of any organisation or a nursing home or hospital or maternity home, who or which finds and takes charge, or is handed over a child who appears or claims to be abandoned or lost, or a child who appears or claims to be an orphan without family support, shall within twenty-four hours (excluding the time necessary for the journey), give information to the childline services or the nearest police station or to a child welfare committee or to the district child protection unit, or hand over the child to a child care institution registered under this act, as the case may be(2) the information regarding a child referred to in sub-section (1) shall be mandatorily uploaded on a portal as may be specified by the central government or the committee or the district child protection unit or the child care institution, as the case may be2534 if information regarding a child as required under section 33 is not given within the period specified in the said section, then, such act shall be regarded as an offenceoffence of nonreporting35 any person who has committed an offence under section 34 shall be liable to imprisonment up to six months or fine of ten thousand rupees or bothpenalty for nonreportingsurrender of children36 (1) a parent or guardian, who for physical, emotional and social factors beyond their control, wishes to surrender a child, shall produce the child before the committee30(2) if, after prescribed process of inquiry and counselling, the committee is satisfied, a surrender deed shall be executed by the parent or guardian, as the case may be, before the committee35(3) the parents or guardian who surrendered the child, shall be given one month time to reconsider their decision and in the intervening period the committee shall either allow, after due inquiry, the child to be with the parents or guardian under supervision, or place the child in a specialised adoption agency, if he or she is below six years of age, or a children's home if he is above six yearsinquiry4037 (1) on production of a child or receipt of a report under section 32, the committee shall hold an inquiry in such manner as may be prescribed and the committee, on its own or on the report from any person or agency as specified in sub-section (2) of section 32, may pass an order to send the child to the children's home or shelter home or a fit facility or fit person, and for speedy social investigation by a social worker or child welfare officer or child welfare police officer:provided that all children below six years of age, who are orphan, surrendered or appear to be abandoned shall be placed in a specialised adoption agency, where available45(2) the social investigation shall be completed within fifteen days so as to enable the committee to pass final order within four months of first production of the child:provided that for orphan, abandoned or surrendered children, the time for completion of inquiry shall be as specified in section 395 10(3) after the completion of the inquiry, if committee is of the opinion that the said child has no family or ostensible support or is in continued need of care and protection, it may send the child to a specialised adoption agency if the child is below six years of age, children's home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child, as may be prescribed, or till the child attains the age of eighteen years:provided that the situation of the child placed in a children's home or with a fit facility or person or a foster family, shall be reviewed by the committee, as may be prescribed15(4) the committee shall submit a quarterly report on the nature of disposal of cases and pendency of cases to the district magistrate in the manner as may be prescribed, for review of pendency of cases(5) after review under sub-section (4), the district magistrate shall direct the committee to take necessary remedial measures to address the pendency, if necessary and send a report of such reviews to the state government, who may cause the constitution of additional committees, if required:20provided that if the pendency of cases continues to be unaddressed by the committee even after three months of receiving such directions, the state government shall terminate the said committee and shall constitute a new committee25(6) in anticipation of termination of the committee and in order that no time is lost in constituting a new committee, the state government shall maintain a standing panel of eligible persons to be appointed as members of the committee(7) in case of any delay in the constitution of a new committee under sub-section (5), the child welfare committee of a nearby district shall assume responsibility in the intervening period30orders passed regarding a child in need of care and protection38 the committee on being satisfied through the inquiry that the child before the committee is a child in need of care and protection, may, on consideration of social investigation report submitted by child welfare officer and taking into account the child's wishes in case the child is sufficiently mature to take a view, pass one or more of the following orders, namely:—(a) declaration that a child is in need of care and protection;35(b) restoration of the child to parents or guardian or family with or withoutsupervision of child welfare officer or designated social worker;40(c) placement of the child in children's home or fit facility or specialised adoption agency for the purpose of adoption for long term or temporary care, keeping in mind the capacity of the institution for housing such children, either after reaching the conclusion that the family of the child cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the child;(d) placement of the child with "fit person" for long term or temporary care; (e) foster care orders under section 45; (f) sponsorship orders under section 46;45(g) directions to persons or institutions or facilities in whose care the child is placed, regarding care, protection and rehabilitation of the child, including directions relating to immediate shelter and services such as medical attention, psychiatric and psychological support including need-based counselling, occupational therapy or behaviour modification therapy, skill training, legal aid, educational services, and other developmental activities, as required, as well as follow-up and coordination with the district child protection unit or state government and other agencies;(h) declaration that the child is legally free for adoption under section 395(2) the committee may also pass orders for —(i) declaration of fit persons for foster care; (ii) getting one time after care support under section 47 of the act; or (iii) any other order related to any other function as may be prescribed1039 (1) in case of orphan and abandoned child, the committee shall make all efforts for tracing the parents or guardians of the child and on completion of such inquiry, if it is established that the child is either an orphan having no one to take care, or abandoned, the committee shall declare the child legally free for adoption:procedure for declaring a child legally free for adoption15provided that such declaration shall be made within a period of two months from the date of production of the child, for children who are up to two years of age and within four months for children above two years of age:provided further that notwithstanding anything contained in this regard in any other law for the time being in force, no first information report shall be registered against any biological parent in the process of inquiry relating to an abandoned or surrendered child under this act20(2) in case of surrendered child, the institution where the child has been placed by thecommittee on an application for surrender, shall bring the case before the committee immediately on completion of the period specified in section 36, for declaring the child legally free for adoption25(3) notwithstanding anything contained in any other law for the time being in force, a child of a mentally retarded parents or a unwanted child of victim of sexual assault, such child may be declared free for adoption by the committee, by following the procedure under this act(4) the decision to declare an orphan, abandoned or surrendered child as legally free for adoption shall be taken by atleast three members of the committee30(5) the committee shall inform the state agency and central the authority regardingthe number of children declared as legally free for adoption and number of cases pending for decision in the manner as may be prescribed, every month chapter vii rehabilitation and social re-integration35process of rehabilitation and social reintegration40 (1) the process of rehabilitation and social integration of children under this act shall be undertaken, based on the individual care plan of the child, preferably through family based care such as by restoration to family or guardian with or without supervision or sponsorship, or adoption or foster-care:40provided that all efforts shall be made to keep siblings placed in institutional or noninstitutional care, together, unless it is in their best interest not to be kept together(2) for children in conflict with law the process of rehabilitation and social integration shall be undertaken in the observation homes if the child is not released on bail or in special homes or place of safety or fit facility or with a fit person, if placed there by the order of the board45(3) the children in need of care and protection who are not placed in families for any reason may be placed in an institution registered for such children under this act or with a fit person or a fit facility, on a temporary or long-term basis, and the process of rehabilitation and social integration shall be undertaken wherever the child is so placed5(3) the children in need of care and protection who are leaving institutional care or children in conflict with law leaving special homes on attaining eighteen years of age, may be provided financial support as specified in section 47, to help them to re-integrate into the mainstream of the society41 (1) the restoration and protection of a child shall be the prime objective of any children's home, specialised adoption agency or open shelterrestoration of child in need of care and protection10(2) the children's home, specialised adoption agency or an open shelter, as the case may be, shall take such steps as are considered necessary for the restoration and protection of a child deprived of his family environment temporarily or permanently where such child is under their care and protection15(3) the committee shall have the powers to restore any child in need of care and protection to his parents, guardian or fit person, as the case may be, after determining the suitability of the parents or guardian or fit person to take care of the child, and give them suitable directionsexplanation—for the purposes of this section, "restoration and protection of a child" means restoration to—| ( | a | ) parents; ||---------------|-----|---------------------|| 20 | | || ( | b | ) adoptive parents; || ( | c | ) foster parents; || ( | d | ) guardian; or || ( | e | ) fit person || 25 | | || registration | | || of child care | | || institutions | | || 30 | | |42 (1) notwithstanding anything contained in any other law for the time being in force, all institutions, whether run by a state government or by voluntary or non-governmental organisations, which are meant, either wholly or partially, for housing children in need of care and protection or children in conflict with law, shall, be registered under this act in such manner as may be prescribed, within a period of six months from the date of commencement of this act, regardless of whether they are receiving grants from the central government or, as the case may be, the state government or not:56 of 2000provided that the institutions having valid registration under the juvenile justice(care and protection of children) act, 2000 on the date of commencement of this act shall be deemed to have been registered under this act35(2) at the time of registration under this section, the state government shall determine and record the capacity and purpose of the institution and shall register the institution as a shelter home, or children's home or open shelter or specialised adoption agency or observation home or special home or place of safety, as the case may be40(3) on receipt of application for registration under sub-section (1), from an existing or new institution housing children in need of care and protection or children in conflict with law, the state government may grant provisional registration, within one month from the date of receipt of application, for a maximum period of six months, in order to bring such institution under the purview of this act, and shall determine the capacity of the home which shall be mentioned in the registration certificate:45provided that if the said institution does not fulfill the prescribed criteria for registration, within the period specified in sub-section (1), the provisional registration shall stand cancelled and the provisions of sub-section (5) shall apply(4) if the state government does not issue a provisional registration certificate within one month from the date of application, the proof of receipt of application for registration shall be treated as provisional registration to run an institution for a maximum period of six months5(5) if the application for registration is not disposed of within six months by anyofficer or officers of any state government, it shall be regarded as dereliction of duty on their part by their higher controlling authority and appropriate departmental proceedings shall be initiated(6) the period of registration of an institution shall be five years, and it shall be subject to renewal in every five years10(7) the state government may, after following the procedure as may be prescribed, cancel or withhold registration, as the case may be, of such institutions which fail to provide rehabilitation and reintegration services as specified in section 54 and till such time that the registration of an institution is renewed or granted, the state government shall manage the institution15(8) any child care institution registered under this section shall be duty bound to admit children, subject to the capacity of the institution, as directed by the committee, whether they are receiving grants from the central government or, as the case may be, the state government or not20(9) notwithstanding anything contained in any other law for the time-being in force,the inspection committee appointed under section 55, shall have the powers to inspect any institution housing children, even if not registered under this act to determine whether such institution is housing children in need of care and protection2543 any person, or persons, in-charge of an institution housing children in need ofcare and protection and children in conflict with law, who fails to comply with the provisions of sub-section (1) of section 42, shall be punished with imprisonment which may extend toone year or a fine of not less than one lakh rupees or both:penalty for nonregistration of child care institutionsprovided that every thirty days delay in applying for registration shall be considered as a separate offence30open shelter44 (1) the state government may establish and maintain, by itself or throughvoluntary or non-governmental organisations, as many open shelters as may be required, and such open shelters shall be registered as such, in the manner as may be prescribed35(2) the open shelters referred to in sub-section (1) shall function as a community based facility for children in need of residential support, on short term basis, with the objective of protecting them from abuse or weaning them, or keeping them, away from a life on the streets(3) the open shelters shall send every month information, in the manner as may be prescribed, regarding children availing the services of the shelter, to the district child protection unit and the committee40foster care45 (1) the children in need of care and protection may be placed in foster care,including group foster care for their care and protection through orders of the committee, after following the procedure as may be prescribed in this regard, in a family which does not include the child's biological or adoptive parents or in an unrelated family recognised as suitable for the purpose by the state government, for a short or extended period of time45(2) the selection of the foster family shall be based on family's ability, intent, capacityand prior experience of taking care of children(3) all efforts shall be made to keep siblings together in foster families, unless it is intheir best interest not to be kept together(4) the state government, after taking into account the number of children, shall provide monthly funding for such foster care through district child protection unit after following the procedure, as may be prescribed, for inspection to ensure well being of the children5 10(5) in cases where children have been placed in foster care for the reason that their parents have been found to be unfit or incapacitated by the committee, the child's parents may visit the child in the foster family at regular intervals, unless the committee feels that such visits are not in the best interest of the child, for reasons to be recorded therefor; and eventually, the child may return to the parent's homes once the parents are determined by the committee to be fit to take care of the child(6) the foster family shall be responsible for providing education, health and nutrition to the child and shall ensure the overall well being of the child in such manner, as may be prescribed15(7) the state government may make rules for the purpose of defining the procedure, criteria and the manner in which foster care services shall be provided for children(8) the inspection of foster families shall be conducted every month by the committee in the form as may be prescribed to check the well-being of the child and whenever a foster family is found lacking in taking care of the child, the child shall be removed from that foster family and shifted to another foster family as the committee may deem fit20(9) no child regarded as adoptable by the committee shall be given for long-term foster caresponsorship46 (1) the state government shall make rules for the purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship25(2) the criteria for sponsorship shall include,—(i) where mother is a widow or divorced or abandoned by family; (ii) where children are orphan and are living with the extended family; (iii) where parents are victims of life threatening disease;30(iv) where parents are incapacitated due to accident and unable to take care of children both financially and physically (3) the duration of sponsorship shall be such as may be prescribed (4) the sponsorship programme may provide supplementary support to families, to children's homes and to special homes to meet medical, nutritional, educational and other needs of the children, with a view to improving their quality of life3547 any child leaving a child care institution on completion of eighteen years of age may be provided with a one-time financial support in order to facilitate child's reintegration into the mainstream of the society in the manner as may be prescribedafter care of children leaving child care institution observation homes4048 (1) the state government shall establish and maintain in every district or a group of districts, either by itself, or through voluntary or non-governmental organisations, observation homes, which shall be registered under section 42 of this act, for temporary reception, care and rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under this act45(2) where the state government is of the opinion that any registered institution other than a home established or maintained under sub-section (1), is fit for the temporary reception of such child alleged to be in conflict with law during the pendency of any inquiry under this act, it may register such institution as an observation home for the purposes of this act(3) the state government may, by rules made under this act, provide for the management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn5(4) every child alleged to be in conflict with law who is not placed under the charge of parent or guardian and is sent to an observation home shall be segregated according to the child's age and gender, after giving due consideration to physical and mental status of the child and degree of the offence committed10special homes49 (1) the state government may establish and maintain either by itself or through voluntary or non-governmental organisations, special homes, which shall be registered as such, in the manner as may be prescribed, in every district or a group of districts, as may be required for rehabilitation of those children in conflict with law who are found to have committed an offence and who are placed there by an order of the juvenile justice board made under section 1915(2) the state government may, by rules, provide for the management and monitoring of special homes, including the standards and various types of services to be provided by them which are necessary for social re-integration of a child, and the circumstances under which, and the manner in which, the registration of a special home may be granted or withdrawn20(3) the rules made under sub-section (2) may also provide for the segregation and separation of children found to be in conflict with law on the basis of age, gender, the nature of offence committed by them and the child's mental and physical statusplace of safety2550 (1) the state government shall set up atleast one place of safety in a state registered under section 42, so as to place a person above the age of eighteen years or child in conflict with law, who is between the age of sixteen to eighteen years and is accused of or convicted for committing a heinous offence30(2) every place of safety shall have separate arrangement and facilities for stay of such children or persons during the process of inquiry and children or persons convicted of committing an offence(3) the state government may, by rules, prescribe the types of places that can be designated as place of safety under sub-section (1) and the facilities and services that may be provided thereinchildren's home35| 51 ||------------------------------------------------------------------------------------------------|| districts, either by itself or through voluntary or non-governmental organisations, children's || homes, which shall be registered as such, for the placement of children in need of care and || protection for their care, treatment, education, training, development and rehabilitation |(2) the state government shall designate any children's home as a home fit for children with special needs delivering specialised services, depending on requirement40(3) the state government may, by rules, provide for the monitoring and managementof children's homes including the standards and the nature of services to be provided by them, based on individual care plans for each childfit facility45| 52 ||--------------------------------------------------------------------------------------------------|| governmental organisation or a voluntary or non-governmental organisation registered || under any law for the time being in force to be fit to temporarily take the responsibility of a || child for a specific purpose after due inquiry regarding the suitability of the facility and the || organisation to take care of the child in such manner as may be prescribed |(2) the board or the committee may withdraw the recognition under sub-section (1)for reasons to be recorded in writingfit person53 (1) the board or the committee shall, after due verification of credentials, recogniseany person fit to temporarily receive a child for care, protection and treatment of such child for a specified period and in the manner as may be prescribed5(2) the board or committee, as the case may be, may withdraw the recognition granted under sub-section (1) for reasons to be recorded in writing54 (1) the services that shall be provided, by the institutions registered under this act in the process of rehabilitation and re-integration of children, shall be in such manner as may be prescribed, which may include—10(i) basic requirements such as food, shelter, clothing and medical attention asper the prescribed standards;rehabilitation and reintegration services in institutions registered under this act and management thereof| ( | ii | ) equipment such as wheel-chairs, prosthetic devices, hearing aids, braille ||----------------------------------------------------------------------------------------|------|---------------------------------------------------------------------------------|| kits, or any other suitable aids and appliances as required, for children with special | | || needs; | | || 15 | | || ( | iii | ) appropriate education, including supplementary education, special || education, and appropriate education for children with special needs: | | || 35 of 2009 | | || provided that for children between the age of six to fourteen years, the | | || provisions of the right of children to free and compulsory education act, 2009 shall | | || apply; | | || ( | iv | ) skill development; || 20 | | || ( | v | ) occupational therapy and life skill education; || ( | vi | ) mental health interventions, including counselling specific to the need of || the child; | | || ( | vii | ) recreational activities including sports and cultural activities; || ( | viii | ) legal aid where required; || 25 | | || ( | ix | ) referral services for education, vocational training, de-addiction, treatment || of diseases where required; | | || ( | x | ) case management including preparation and follow up of individual care || plan; | | || ( | xi | ) birth registration; || 30 | | || ( | xii | ) assistance for obtaining the proof of identity, where required; and || ( | xiii | ) any other service that may reasonably be provided in order to ensure the || well being of the child, either directly by the state government, registered or fit | | || individuals or institutions or through referral services | | || 35 | | |(2) every institution shall have a management committee, to be set up in a manner as may be prescribed, to manage the institution and monitor the progress of every child(3) the officer in-charge of every institution, housing children above six years of age, shall facilitate setting up of children's committees for participating in such activities as may be prescribed, for the safety and well-being of children in the institution4055 (1) the state government shall appoint inspection committees for the state and district, as the case may be, for all institutions registered or recognised to be fit under this act for such period and for such purposes, as may be prescribedinstitutions registered under this act45(2) such inspection committees shall mandatorily conduct visits to all facilities housing children in the area allocated, atleast once in three months in a team of not less than three members, of whom atleast one shall be a woman and one shall be a medical officer, and submit reports of the findings of such visits within a week of their visit, to the district child protection units or state government, as the case may be, for further action(3) on the submission of the report by the inspection committee within a week of the inspection, appropriate action shall be taken within a month by the district child protection unit or the state government and a compliance report shall be submitted to the state government5evaluation of functioning of structures56 (1) the central government or state government may independently evaluate thefunctioning of the board, committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, at such period and through such persons or institutions as may be prescribed by that government10(2) in case such independent evaluation is conducted by both the governments, the evaluation made by the central government shall prevail chapter viii adoptionadoption1557 (1) adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children, as per the provisions of this act, the rules made thereunder and the adoption regulations framed by the authority(2) adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this act and the adoption regulations framed by the authority78 of 1956(3) nothing in this act shall apply to the adoption of children made under the provisions of the hindu adoption and maintenance act, 195620(4) all inter-country adoptions shall be done only as per the provisions of this actand the adoption regulations framed by the authority25(5) any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the court, shall be punishable as per the provisions of sub-section (1) of section 8158 (1) the prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to himeligibility of prospective adoptive parents(2) in case of a couple, the consent of both the spouses for the adoption shall be required30(3) a single or divorced person can also adopt, subject to fulfilment of the criteria andin accordance with the provisions of adoption regulations framed by the authority(4) a single male is not eligible to adopt a girl child (5) any other criteria that may be specified in the adoption regulations framed by the authority3559 (1) indian prospective adoptive parents living in india, irrespective of theirreligion, if interested to adopt an orphan or abandoned or surrendered child, may apply for the same to a specialised adoption agency, in the manner as provided in the adoption regulations framed by the authorityprocedure for adoption by indian prospective adoptive parents living in india40(2) the specialised adoption agency shall prepare the home study report of theprospective adoptive parents and upon finding them eligible, will refer a child declared legally free for adoption to them along with the child study report and medical report of the child, in the manner as provided in the adoption regulations framed by the authority45(3) on the receipt of the acceptance of the child from the prospective adoptiveparents along with the child study report and medical report of the child signed by such parents, the specialised adoption agency shall give the child in pre-adoption foster care and file an application in the court for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the authority(4) on the receipt of a certified copy of the court order, the specialised adoptionagency shall send immediately the same to the prospective adoptive parents(5) the progress and wellbeing of the child in the adoptive family shall be followed up and ascertained in the manner as provided in the adoption regulations framed by the authority560 (1) if an orphan or abandoned or surrendered child could not be placed with an indian or non-resident indian prospective adoptive parent despite the joint effort of the specialised adoption agency and state agency within thirty days from the date the child has been declared legally free for adoption, such child shall be free for inter-country adoptionprocedure for inter-country adoption of an orphan or abandoned or surrendered child(2) an eligible non-resident indian or overseas citizen of india or persons of indian origin shall be given priority in inter-country adoption of indian children10 15(3) a non-resident indian or overseas citizen of india, or person of indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion, if interested to adopt an orphan or abandoned or surrendered child from india, may apply for the same to an authorised foreign adoption agency, or central authority or a concerned government department in their country of habitual residence, as the case may be, in the manner as provided in the adoption regulations framed by the authority20(4) the authorised foreign adoption agency, or central authority, or a concerned government department, as the case may be, shall prepare the home study report of such prospective adoptive parents and upon finding them eligible, will sponsor their application to authority for adoption of a child from india, in the manner as provided in the adoption regulations framed by the authority(5) on the receipt of the application of such prospective adoptive parents, the authority shall examine and if it finds the applicants suitable, then, it will refer the application to one of the specialised adoption agencies, where children legally free for adoption are available25(6) the specialised adoption agency will match a child with such prospective adoptive parents and send the child study report and medical report of the child to such parents, who in turn may accept the child and return the child study and medical report duly signed by them to the said agency30(7) on receipt of the acceptance of the child from the prospective adoptive parents, the specialised adoption agency shall file an application in the court for obtaining the adoption order, in the manner as provided in the adoption regulations framed by the authority(8) on the receipt of a certified copy of the court order, the specialised adoption agency shall send immediately the same to authority, state agency and to the prospective adoptive parents, and obtain a passport for the child35(9) the authority shall intimate about the adoption to the immigration authorities of india and the receiving country of the child(10) the prospective adoptive parents shall receive the child in person from the specialised adoption agency as soon as the passport and visa are issued to the child40(11) the authorised foreign adoption agency, or central authority, or the concerned government department, as the case may be, shall ensure the submission of progress reports about the child in the adoptive family and will be responsible for making alternative arrangement in the case of any disruption, in consultation with authority and concerned indian diplomatic mission, in the manner as provided in the adoption regulations framed by the authority45(12) a foreigner or a person of indian origin or an overseas citizen of india, who has habitual residence in india, if interested to adopt a child from india, may apply to authority for the same along with a no objection certificate from the diplomatic mission of his country in india, for further necessary actions as provided in the adoption regulations framed by the authority5061 (1) a relative living abroad, who intends to adopt a child from his relative in india shall obtain an order from the court and apply for no objection certificate from authority, in the manner as provided in the adoption regulations framed by the authorityprocedure for inter-country relative adoption(2) the authority shall on receipt of the order under sub-section (1) and the application from either the biological parents or from the adoptive parents, issue no objection certificate under intimation to the immigration authority of india and of the receiving country of the child5(3) the adoptive parents shall, after receiving no objection certificate under sub-section (2), receive the child from the biological parents and shall facilitate the contact of the adopted child with his siblings and biological parents from time to time62 (1) before issuing an adoption order, the court shall satisfy itself that ––10court procedure and penalty against payment in consideration of adoption15| ( | a | ) the adoption is for the welfare of the child; ( ||----------------------------------------------------------------------------------------|-----|-------------------------------------------------------------------------------------|| the wishes of the child having regard to the age and understanding of the child; and | | || ( | c | ) that neither the prospective adoptive parents has given or agreed to give nor the || specialised adoption agency or the parent or guardian of the child in case of relative | | || adoption has received or agreed to receive any payment or reward in consideration of | | || the adoption, except as permitted under the adoption regulations framed by the | | || authority towards the adoption fees or service charge or child care corpus | | |(2) the adoption proceedings shall be held in camera and the case shall be disposed of by the court within a period of two months from the date of filing20additional procedural requirements and documentation63 (1) the documentation and other procedural requirements, not expressly provided in this act with regard to the adoption of an orphan, abandoned and surrendered child by indian prospective adoptive parents living in india, or by non-resident indian or overseas citizen of india or person of indian origin or foreigner prospective adoptive parents, shall be as per the adoption regulations framed by the authority25(2) the specialised adoption agency shall ensure that the adoption case of prospective adoptive parents is disposed of within four months from the date of receipt of application and the authorised foreign adoption agency, authority and state agency shall track the progress of the adoption case and intervene wherever necessary, so as to ensure that the time line is adhered toeffect of adoption3064 a child in respect of whom an adoption order is issued by the court, shall become the child of the adoptive parents, and the adoptive parents shall become the parents of the child as if the child had been born to the adoptive parents, for all purposes, including intestacy, with effect from the date on which the adoption order takes effect, and on and from such date all the ties of the child in the family of his or her birth shall stand severed and replaced by those created by the adoption order in the adoptive family:35provided that any property which has vested in the adopted child immediately before the date on which the adoption order takes effect shall continue to vest in the adopted child subject to the obligations, if any, attached to the ownership of such property including the obligations, if any, to maintain the relatives in the biological familyreporting of adoption4065 notwithstanding anything contained in any other law for the time being in force, information regarding all adoption orders issued by the concerned courts, shall be forwarded to authority on monthly basis in the manner as provided in the adoption regulations framed by the authority, so as to enable authority to maintain the data on adoptionspecialised adoption agencies4566 (1) the state government shall recognise one or more institutions or organisations in each district as a specialised adoption agency, in such manner as may be provided in the adoption regulations framed by the authority, for the rehabilitation of orphan, abandoned or surrendered children, through adoption and non-institutional care(2) the state agency shall furnish the name, address and contact details of the specialised adoption agencies along with copies of certificate or letter of recognition or renewal to authority, as soon as the recognition or renewal is granted to such agencies50(3) the state government shall get every specialised adoption agency inspected at least once in a year and take necessary remedial measures, if required5(4) in case any specialised adoption agency is in default in taking necessary steps on its part as provided in this act or in the adoption regulations framed by the authority, for getting an orphan or abandoned or surrendered child legally free for adoption from the committee or in completing the home study report of the prospective adoptive parents or in obtaining adoption order from the court within the stipulated time, such specialised adoption agency shall be punishable with a fine which may extend up to fifty thousand rupees and in case of repeated default, the recognition of the specialised adoption agency shall be withdrawn by the state government1067 (1) all the institutions registered under this act, which may not have been recognised as specialised adoption agencies, shall also ensure that all orphan or abandoned or surrendered children under their care are reported, produced and declared legally free for adoption, by the committee as per the provisions of section 39adoption of children residing in institutions not registered as adoption agencies15(2) all institutions referred to in sub-section (1) shall develop formal linkages with nearby specialised adoption agency and shall furnish details of the children declared legally free for adoption to that specialised adoption agency along with all relevant records in the manner as may be prescribed, for the placement of such children in adoption20(3) if any such institution contravenes the provisions of sub-section (1) or sub-section (2), it shall be liable to fine of fifty thousand rupees for each instance to be imposed by the registering authority and it may also attract de-recognition in the event of persistent flouting of such provisions68 (1) the state government shall set up a state adoption resource agency for dealing with adoptions and related matters in the state under the guidance of authoritystate adoption resource agency(2) the state agency, wherever already exists, shall be deemed to be set up under this act2569 the central adoption resource agency existing before the commencement of this act, shall be deemed to have been constituted as the central adoption resource authority under this act to perform the following functions, namely:—central adoption resource authority(a) to promote in-country adoptions and to facilitate inter-state adoptions inco-ordination with state agency;30(b) to regulate inter-country adoptions; (c) to frame regulations on adoption and related matters from time to time asmay be necessary;35(d) to carry out the functions of the central authority under the hagueconvention on protection of children and cooperation in respect of inter-country adoption;(e) any other function as may be prescribed70 (1) the authority shall have a steering committee with following members :steering committee of authority(a) secretary, ministry of women and child development, government of india,who shall be the chairperson—ex officio;40(b) joint secretary, ministry of women and child development, government ofindia, dealing with authority—ex officio;(c) joint secretary, ministry of women and child development, government ofindia, dealing with finance—ex officio;45(d) one state adoption resource agency and two specialised adoptionagencies;(e) one adoptive parent and one adoptee;(f) one advocate or a professor having at least ten years of experience in family law;(g) member-secretary, who shall also be chief executive officer of the organisation5(2) criteria for the selection or nomination of the members mentioned at (d) to (f), their tenure as well as the terms and conditions of their appointment shall be such as may be prescribed(3) the steering committee shall have the following functions, namely:—10(a) to oversee the functioning of authority and review its working from time totime so that it operates in most effective manner;(b) to approve the annual budget, annual accounts and audit reports as well asthe action plan and annual report of authority;15(c) to adopt the recruitment rules, service rules, financial rules of authority aswell as the other regulations for the exercise of the administrative and programmatic powers within the organisation, with the prior approval of the central government;(d) any other function that may be vested with it by the central government from time to time (4) the steering committee shall meet once in a month in the manner as may be prescribed20(5) the authority shall function from its headquarter and through its regional officesas may be set up as per its functional necessitypowers of authority71 (1) for the efficient performance of its functions, authority shall have the following powers, namely:—25(a) to issue instructions to any specialised adoption agency or a childrenhome or any child care institution housing any orphan, abandoned or surrendered child, any state agency or any authorised foreign adoption agency and such directions shall be complied by such agencies;30(b) recommending to the concerned government or authority to take appropriateaction against any official or functionary or institution under its administrative control, in case of persistent non-compliance of the instructions issued by it;2 of 197435(c) forwarding any case of persistent non-compliance of its instructions by any official or functionary or institution to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the same as if the case has been forwarded to him under section 346 of the code of criminal procedure, 1973(d) any other power that may be vested with it by the central government(2) in case of any difference of opinion in an adoption case, including the eligibility of prospective adoptive parents or of a child to be adopted, the decision of authority shall prevail4072 (1) the authority shall submit an annual report to the central government in suchmanner as may be prescribedannual report of authority(2) the central government shall cause the annual report of authority to be laidbefore each house of parliament45grants by central government73 (1) the central government shall, after due appropriation made by parliament bylaw in this behalf, pay to the authority by way of grants such sums of money as the central government may think fit for being utilised for performing the functions of authority under this act(2) the authority may spend such sums of money as it thinks fit for performing the functions, as prescribed under this act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1)5accounts and audit of authority74 (1) the authority shall maintain proper accounts and other relevant records andprepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india10(2) the accounts of authority shall be audited by the comptroller and auditor-general at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditor-general15 (3) the comptroller and auditor-general 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 the authority in connection with the audit of government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of authority (4) the accounts of the authority as certified by the comptroller and auditor-general or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government by authority20(5) the central government shall cause the audit report to be laid, as soon as may be after it is received, before each house of parliament chapter ix other offences against children25prohibition on disclosure of identity of children75 (1) no report in any newspaper, magazine, news-sheet or audio-visual media orother forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular, which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, involved in such matter, under any other law for the time being in force, nor shall the picture of any such child be published:30provided that for reasons to be recorded in writing, the board or committee, as the case may be, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the child(2) the police shall not disclose any record of the child for the purpose of character certificate or otherwise in cases where the case has been closed or disposed off35(3) any person contravening the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or bothpunishment for cruelty to child4076 whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering, shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or with both:45provided that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees:provided further that on account of the aforesaid cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees5employment of child for begging77 (1) whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees:provided that, if for the purpose of begging, the person amputates or maims the child, he shall be punishable with rigorous imprisonment for a term not less than seven years which may extend up to ten years, and shall also be liable to fine of five lakh rupees10(2) whoever, having the actual charge of, or control over the child, abets thecommission of an offence under sub-section (1), shall be punishable with the same punishment as provided for in sub-section (1) and such person shall be considered to be unfit under sub-clause (v) of clause (14) of section 2:15provided that the said child, shall not be considered a child in conflict with law under any circumstances, and shall be removed from the charge or control of such guardian or custodian and produced before the committee for appropriate rehabilitation2078 whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner, shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine which may extend up to one lakh rupeespenalty for giving intoxicating liquor or narcotic drug or psychotropic substance to a child2579 whoever uses a child, for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance, shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine up to one lakh rupeesusing a child for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance exploitation of a child employee30 80 notwithstanding anything contained in any law for the time being in force, whoever ostensibly engages a child and keeps him in bondage for the purpose of employment or withholds his earnings or uses such earning for his own purposes shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupeesexplanation–– for the purposes of this sub-section, the term "employment" shall also include selling goods and services, and entertainment in public places for economic gain3581 if any person or organisation offers or gives or receives, any orphan, abandonedor surrendered child, for the purpose of adoption without following the provisions or procedures as provided in this act, such person or organisation shall be punishable with imprisonment of either description for a term which may extend upto three years, or with fine of one lakh rupees, or with both:punitive measures for adoption without following prescribed procedures40provided in case where the offence is committed by a recognised adoption agency, inaddition to the above punishment awarded to the persons in-charge of, and responsible for the conduct of the day-to-day affairs of the adoption agency, the registration of such agency under section 42 and its recognition under section 66 shall also be withdrawn for a minimum period of one year82 any person who sells or buys a child for any purpose shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees:sale and procurement of children for any purpose5provided that where such offence is committed by a person having actual charge of the child, including employees of a hospital or nursing home or maternity home, the term of imprisonment shall not be less than three years and may extend up to seven yearscorporal punishment1083 (1) any person in-charge of or employed in a child care institution, who subjects a child to corporal punishment with the aim of disciplining the child, shall be liable, on the first conviction, to a fine of ten thousand rupees and for every subsequent offence, shall be liable for imprisonment which may extend to three months or fine or with both(2) if a person employed in an institution referred to in sub-section (1), is convicted of an offence under that sub-section, such person shall also be liable for dismissal from service, and shall also be debarred from working directly with children thereafter15 20(3) in case, where any corporal punishment is reported in an institution referred to in sub-section (1) and the management of such institution does not cooperate with any inquiry or comply with the orders of the committee or the board or court or state government, the person in-charge of the management of the institution shall be liable for punishment with imprisonment for a term not less than three years and shall also be liable to fine which may extend to one lakh rupeesuse of child by militant groups or other adults84 (1) any non-state, self-styled militant group or outfit declared as such by the central government, if recruits or uses any child for any purpose, shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees25(2) any adult or an adult group uses children for illegal activities either individually or as a gang shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees45 of 1860kidnapping and abduction of child3085 for the purposes of this act, the provisions of sections 359 to 369 of the indian penal code, shall mutatis mutandis apply to a child or a minor who is under the age of eighteen years and all the provisions shall be construed accordingly| 86 | whoever commits any of the offences referred to in this chapter on any child who ||---------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|| is disabled as so certified by a medical practitioner, then, such person shall be liable to twice | || the penalty provided for such offence | || offences | || committed on | || disabled | || children | || 35 | || 1 of 1966 | || explanation | — for the purpose of this act, the term 'disability' shall have the same || meaning as assigned to it under clause (i) of section 2 of the persons with disabilities (equal | || opportunities, protection of rights and full participation) act, 1995 | || 87 | ( || more than seven years, then, such offence shall be cognizable, non-bailable and triable by | || a children's court | || classification | || of offences | || and designated | || court | || 40 | || ( | 2 || three years and above, but not more than seven years, then, such offence shall be cognizable, | || non-bailable and triable by a magistrate of the first class | || 45 | || ( | 3 || three years or with fine only, then, such offence shall be non-cognizable, bailable and triable | || by any magistrate | || abetment | || 88 | whoever abets any offence under this act, if the act abetted is committed in || consequence of the abetment, shall be punished with the punishment provided for that | || offence | |explanation— an act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetmentalternative punishment589 where an act or omission constitutes an offence punishable under this act and also under any other law for the time being in force, then, notwithstanding anything contained in any such law, the offender found guilty of such offence shall be liable for punishment under such law which provides for punishment which is greater in degree90 any child who commits any offence under this chapter shall be considered as a child in conflict with law under this act10offence committed by child under this chapter chapter x miscellaneousattendance of parent or guardian of child1591 the committee or the board, as the case may be, before which a child is brought under any of the provisions of this act, may, whenever it so thinks fit, require any parent or guardian having the actual charge of the child to be present at any proceeding in respect of that childdispensing with attendance of child2092 (1) if, at any stage during the course of an inquiry, the committee or the board is satisfied that the attendance of the child is not essential for the purpose of inquiry, the committee or the board, as the case may be, shall dispense with the attendance of a child and limit the same for the purpose of recording the statement and subsequently, the inquiry shall continue even in the absence of the child concerned, unless ordered otherwise by the committee or the board25(2) where the attendance of a child is required before the board or the committee, such child shall be entitled to travel reimbursement for self and one escort accompanying the child as per actual expenditure incurred, by the board, or the committee or the district child protection unit, as the case may be3093 when a child, who has been brought before the committee or the board, is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment, the committee or the board, as the case may be, may send the child to any place recognised as a fit facility as prescribed for such period as it may think necessary for the required treatmentplacement of a child suffering from disease requiring prolonged medical treatment in an approved place35transfer of a child who is mentally ill or addicted to alcohol or other drugs14 of 198794 (1) where it appears to the committee or the board that any child kept in a special home or an observation home or a children's home or a shelter home or in an institution in pursuance of the provisions of this act, is a mentally ill person or addicted to alcohol or other drugs which lead to behavioural changes in a person, the committee or the board , may order removal of such child to a psychiatric hospital or psychiatric nursing home in accordance with the provisions of the mental health act, 1987 or the rules made thereunder40(2) in case the child had been removed to a psychiatric hospital or psychiatric nursing home under sub-section (1), the committee or the board may, on the basis of the advice given in the certificate of discharge of the psychiatric hospital or psychiatric nursing home, order to remove such child to an integrated rehabilitation centre for addicts or similar centres maintained by the state government for mentally ill persons (including the persons addicted to any narcotic drug or psychotropic substance) and such removal shall be only for the period required for the inpatient treatment of such childexplanation—for the purposes of this sub-section,—45(a) "integrated rehabilitation centre for addicts" shall have the meaningassigned to it under the scheme called "central sector scheme of assistance forprevention of alcoholism and substance (drugs) abuse and for social defence services" framed by the central government in the ministry of social justice and empowerment or any other corresponding scheme for the time being in force;14 of 19875(b) "mentally ill person" shall have the same meaning assigned to it in clause (l)of section 2 of the mental health act, 1987;14 of 1987(c) "psychiatric hospital" or "psychiatric nursing home" shall have the samemeaning assigned to it in clause (q) of section 2 of the mental health act, 198710presumption and determination of age95 (1) where, it is obvious to the committee or the board, based on the appearance of the person brought before it under any of the provisions of this act (other than for the purpose of giving evidence) that the said person is a child, the committee or the board shall record such observation stating the age of the child as nearly as may be and proceed with the inquiry under section 15 or section 37, as the case may be, without waiting for further confirmation of the age15(2) in case, the committee or the board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the committee or the board, as the case may be, shall undertake the process of age determination, by seeking evidence by obtaining —20(i) the date of birth certificate from the school, or the matriculation or equivalent certificate from the concerned examination board, if available; and in the absence thereof;(ii) the birth certificate given by a corporation or a municipal authority or a panchayat;25(iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the committee or the board: provided such age determination test conducted on the order of the committee or the board shall be completed within fifteen days from the date of such order30(3) the age recorded by the committee or the board to be the age of person so brought before it shall, for the purpose of this act, be deemed to be the true age of that persontransfer of a child to place of residence3596 (1) if during the inquiry it is found that a child hails from a place outside the jurisdiction, the board or committee, as the case may be, shall, if satisfied after due inquiry that it is in the best interest of the child and after due consultation with the committee or the board of the child's home district, order the transfer of the child, as soon as possible, to the said committee or the board, along with relevant documents and following such procedure as may be prescribed:provided that such transfer can be made in case of a child in conflict with law, only after the inquiry has been completed and final order passed by the board:40provided further that in case of inter-state transfer, the child shall be, if convenient, handed over to the committee or the board, as the case may be, of the home district of the child, or to the committee or the board in the capital city of the home state(2) once the decision to transfer is finalised, the committee or board, as the case may be, shall give an escort order to the special juvenile police unit to escort the child, within fifteen days of receiving such order:45provided that a girl child shall be accompanied by a woman police officer: provided further that where a special juvenile police unit is not available, the committee or board, as the case may be, shall direct the institution where the child is temporarily staying or district child protection unit, to provide an escort to accompany the child during travel(3) the state government shall make rules to provide for travelling allowance to the escorting staff for the child, which shall be paid in advance5(4) the committee or the board, as the case may be, receiving the transferred child will process for restoration or rehabilitation or social reintegration, as provided in this act1097 (1) the state government may at any time, on the recommendation of a committee or board, as the case may be, notwithstanding anything contained in this act, and keeping the best interest of the child in mind, order the child's transfer from any children's home or special home or fit facility or fit person, to a home or facility, within the state with prior intimation to the concerned committee or the board:transfer of child between children's homes, or special homes or fit facility or fit person in different parts of indiaprovided that for transfer of a child between similar home or facility or person within the same district, the committee or board, as the case may be, of the said district shall be competent to issue such an order15(2) if transfer is being ordered by a state government to an institution outside the state, this shall be done only in consultation with the concerned state government(3) the total period of stay of the child in a children's home or a special home shall not be increased by such transfer20(4) orders passed under sub-section (1) and (2) shall be deemed to be operative for the committee or the board, as the case may be, of the area to which the child is sentrelease of a child from an institution2598 (1) when a child is kept in a children's home or special home, on a report of a probation officer or social worker or of government or a voluntary or non-governmental organisation, as the case may be, the committee or the board may consider, the release of such child, either absolutely or on such conditions as it may think fit to impose, permitting the child to live with parents or guardian or under the supervision of any authorised person named in the order, willing to receive and take charge, educate and train the child, for some useful trade or calling or to look after the child for rehabilitation:30provided that if a child who has been released conditionally under this section, or the person under whose supervision the child has been placed, fails to fulfil such conditions, the board or committee may, if necessary, cause the child to be taken charge of and to be placed back in the concerned home(2) if the child has been released on a temporary basis, the time during which the child is not present in the concerned home in pursuance of the permission granted under sub-section (1) shall be deemed to be part of the time for which the child is liable to be kept in the children or special home:35provided that in case of a child in conflict with law fails to fulfill the conditions set by the board as mentioned in sub-section (1), the time for which he is still liable to be kept in the institution shall be extended by the board for a period equivalent to the time which lapses due to such failure40leave of absence to a child placed in an institution99 (1) the committee or the board, as the case may be, may permit leave of absenceto any child, to allow him, on special occasions like examination, marriage of relatives, death of kith or kin or accident or serious illness of parent or any emergency of like nature, under supervision, for a period generally not exceeding seven days in one instance, excluding the time taken in journey45(2) the time during which a child is absent from an institution where he is placed, inpursuance of such permission granted under this section, shall be deemed to be part of the time for which he is liable to be kept in the children's home or special home(3) if a child refuses, or has failed to return to the children's home or special home, as the case may be, on the leave period being exhausted or permission being revoked or forfeited, the board or committee may, if necessary, cause him to be taken charge of and to be taken back to the concerned home:5provided that when a child in conflict with law has failed to return to the special home on the leave period being exhausted or on permission being revoked or forfeited, the time for which he is still liable to be kept in the institution shall be extended by the board for a period equivalent to the time which lapses due to such failure100 (1) all reports related to the child and considered by the committee or the board shall be treated as confidential:reports to be treated as confidential10provided that the committee or the board, as the case may be, may, if it so thinks fit, communicate the substance thereof to another committee or board or to the child or to the child's parent or guardian, and may give such committee or the board or the child or parent or guardian, an opportunity of producing evidence as may be relevant to the matter stated in the report(2) notwithstanding anything contained in this act, the victim shall not be denied access to their case record, orders and relevant papers15protection of action taken in good faith20101 no suit, prosecution or other legal proceeding shall lie against the central government, or the state government or any person acting under the directions of the central government or state government, as the case may be, in respect of anything which is done in good faith or intended to be done in pursuance of this act or of any rules or regulations made thereunderappeals25102 (1) subject to the provisions of this act, any person aggrieved by an order madeby the committee or the board under this act may, within thirty days from the date of such order, prefer an appeal to the children's court, except for decisions by the committee related to foster care and sponsorship after care for which the appeal shall lie with the district magistrate:provided that the court of sessions, or the district magistrate, as the case may be, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within a period of thirty days30(2) no appeal shall lie from,—(a) any order of acquittal made by the board in respect of a child alleged to have committed an offence; or(b) any order made by a committee in respect of finding that a person is not a child in need of care and protection35(3) no second appeal shall lie from any order of the court of session, passed in appeal under this section2 of 1974(4) any person aggrieved by an order of the children's court may file an appeal before the high court in accordance with the procedure specified in the code of criminal procedure, 1973revision40103 the high court may, at any time, either on its own motion or on an applicationreceived in this behalf, call for the record of any proceeding in which any committee or board or children's court, or court has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit:45provided that the high court shall not pass an order under this section prejudicial toany person without giving him a reasonable opportunity of being heard2 of 1974104 (1) save as otherwise expressly provided by this act, a committee or a board while holding any inquiry under any of the provisions of this act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the code of criminal procedure, 1973 for trial of summons casesprocedure in inquiries, appeals and revision proceedings5(2) save as otherwise expressly provided by or under this act, the procedure to be followed in hearing appeals or revision proceedings under this act shall be, as far as practicable, in accordance with the provisions of the code of criminal procedure, 197310105 (1) without prejudice to the provisions for appeal and revision contained in this act, the committee or the board may, on an application received in this behalf, amend any orders passed by itself, as to the institution to which a child is to be sent or as to the person under whose care or supervision a child is to be placed under this act:power of the committee or the board to amend its own orders15provided that during the course of hearing for amending any such orders, there shall be at least two members of the board of which one shall be the principal magistrate and at least three members of the committee and all persons concerned, or their authorised representatives, whose views shall be heard by the committee or the board, as the case may be, before the said orders are amended20(2) clerical mistakes in orders passed by the committee or the board or errors arising therein from any accidental slip or omission may, at any time, be corrected by the committee or the board, as the case may be, either on its own motion or on an application received in this behalfjuvenile justice fund106 (1) the state government may create a fund in such name as it thinks fit for the welfare and rehabilitation of the children dealt with under this act(2) there shall be credited to the fund such voluntary donations, contributions or subscriptions as may be made by any individual or organisation25(3) the fund created under sub-section (1) shall be administered by the department of the state government implementing this act in such manner and for such purposes as may be prescribed30state child protection society and district child protection unit107 every state government shall constitute a child protection society for the state and child protection unit for every district, consisting of such officers and other employees as may be appointed by that government, to take up matters relating to children with a view to ensure the implementation of this act, including the establishment and maintenance of institutions under this act, notification of competent authorities in relation to the children and their rehabilitation and co-ordination with various official and non-official agencies concerned and to discharge such other functions as may be prescribed35108 (1) in every police station, at least one officer, not below the rank of assistant sub-inspector, with aptitude, appropriate training and orientation may be designated as the child welfare police officer to exclusively deal with children either as victims or perpetrators, in co-ordination with the police, voluntary and non-governmental organisationschild welfare police officer and special juvenile police unit40(2) to co-ordinate all functions of police related to children, the state government shall constitute special juvenile police units in each district and city, headed by a police officer not below the rank of a deputy superintendent of police or above and consisting of all police officers designated under sub-section (1) and two social workers having experience of working in the field of child welfare, of whom one shall be a woman45(3) all police officers of the special juvenile police units shall be provided special training, especially at induction as child welfare police officer, to enable them to perform their functions more effectively(4) special juvenile police unit also includes railway police dealing with childrenpower to make rules109 (1) the state government shall, by notification in the official gazette, make rules to carry out the purposes of this act:5provided that the central government may, frame model rules in respect of all or any of the matters with respect to which the state government is required to make rules and where any such model rules have been framed in respect of any such matter, they shall apply to the state mutatis mutandis until the rules in respect of that matter are made by the state government and while making any such rules, they conform to such model rules(2) in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely :—(i) manner of inquiry in case of a missing or run away child or whose parents cannot be found under sub-clause (vii) of clause (14) of section 2;10(ii) responsibilities of the child welfare officer attached to a children's home under clause (18) of section 2;(iii) qualifications of the members of the board under sub-section (2) ofsection 4;15(iv) induction training and sensitisation of all members of the board under sub-section (6) of section 4;(v) term of office of the members of the board and the manner in which such member may resign under sub-section (6) of section 4;(vi) time of the meetings of the board and the rules of procedure in regard to the transaction of business at its meeting under sub-section (1) of section 8;20(vii) qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 9;(viii) any other function of the board under clause (n) of sub-section (3) of section 9;25(ix) persons through whom any child alleged to be in conflict with law may be produced before the board and the manner in which such a child may be sent to an observation home or place of safety under sub-section (2) of section 11;(x) manner in which a person apprehended and not released on bail by the officer-in-charge of the police station may be kept in an observation home until such person is brought before a board under sub-section (2) of section 13;30(xi) format for information on pendency in the board to the chief judicial magistrate or the chief metropolitan magistrate and district magistrate on quarterly bases under sub-section (3) of section 17;(xii) monitoring procedures and list of monitoring authorities under sub-section(2) of section 21;35(xiii) manner in which the relevant records of the child may be destroyed by the board, police or the court under sub-section (2) of section 25;(xiv) qualifications of the members of the child welfare committee under subsection (5) of section 28;40(xv) rules and procedures with regard to transaction of business at the meetings of the child welfare committee under sub-section (1) of section 29;(xvi) process of restoration of abandoned or lost children to their families under clause (x) of section 31;45(xvii) manner of submitting the report to the committee and the manner of sending and entrusting the child to children's home or shelter home or fit facility or fit person under sub-section (2) of section 32;(xviii) manner of holding an inquiry by the child welfare committee under subsection (1) of section 37;5(xix) manner in which a child may be sent to a specialised adoption agency if the child is below six years of age, children's home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child including manner in which situation of the child placed in a children's home or with a fit facility or person or foster family, may be reviewed by the committee under sub-section (3) of section 37;(xx) manner in which a quarterly report may be submitted by the committee to the district magistrate for review of pendency of cases under sub-section (4) of section 37;10(xxi) any other order related to any other function of the committee under clause (iii) of sub-section (2) of section 38;15(xxii) information to be given every month by the committee to state agency and authority regarding number of children declared legally free for adoption and number of cases pending under sub-section (5) of section 39;(xxiii) manner in which all institutions under this act shall be registered under sub-section (1) of section 42;20(xxiv) procedure for cancelling or withholding registration of an institution that fails to provide rehabilitation and reintegration services under sub-section (7) of section 42;(xxv) manner in which information shall be send every month by the open shelter to the district child protection unit to the committee under sub-section (3) of section 44;25(xxvi) procedure for placing children in foster care including group foster care under sub-section (1) of section 45;(xxvii) procedure for inspection of children in foster care under sub-section (4)of section 45;(xxviii) manner in which foster family shall provide education, health and nutrition to the child under sub-section (6) of section 45;30(xxix) procedure and criteria in which foster care services shall be provided to children under sub-section (7) of section 45;(xxx) format for inspection of foster families by the committee to check the well being of children under sub-section (8) of section 45;35(xxxi) purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship under sub-section (1) of section 46;(xxxii) duration of sponsorship under sub-section (3) of section 46;(xxxiii) manner of providing one time financial support to any child leavinginstitutional care on completing eighteen years of age under section 47;40(xxxiv) management and monitoring of observation homes, including thestandards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn under sub-section (3) of section 48;45(xxxv) management and monitoring of special homes including the standardsand various types of services to be provided to them under sub-section (2) and sub-section (3) of section 49;(xxxvi) monitoring and management of children's homes including the standards and the nature of services to be provided by them, based on individual care plans for each child under sub-section (3) of section 51;5(xxxvii) manner in which a board or the committee shall recognise, a facility being run by a governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force, fit to temporarily take the responsibility of a child for a specific purposeafter due inquiry regarding the suitability of the facility and the organisation to take care of the child under sub-section (1) of section 52;10(xxxviii) procedure of verification of credentials, for recognising any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period by the board or the committee under sub-section (1) of section 53;15(xxxix) manner in which services shall be provided by an institution under this act for rehabilitation and reintegration of children and standards for basic requirements such as food, shelter, clothing and medical attention under sub-section (1) of section 54;(xl) manner in which management committee shall be set up by each institution for management of the institution and monitoring of the progress of every child under sub-section (2) of section 54;20(xli) activities that may be taken up by children's committees under sub-section(3) of section 54;(xlii) appointment of inspection committees for all institutions registered or recognised fit, for the state and district under sub-section (1) of section 55;25(xliii) manner in which central government or state government may independently evaluate the functioning of the board, committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, including the period and through persons or institutions under sub-section (1) of section 56;30(xliv) manner in which institutions shall furnish details of children declared legally free for adoption to the specialised adoption agency under sub-section (2) of section 67;(xlv) any other function of the authority under clause (e) of section 69; (xlvi) criteria for the selection or nomination of the members of the steering committee of the authority and their tenure as well as the terms and conditions of their appointment under sub-section (2) of section 70;35(xlvii) manner in which steering committee of the authority shall meet under sub-section (4) of section 70;(xlviii) manner in which the authority shall submit an annual report to the central government under sub-section (1) of section 72;(xlix) functions of the authority under sub-section (2) of section 73;40(l) manner in which the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 74;45(li) period that the committee or board may think necessary for the treatment of children who are found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment to a fit facility under section 93;(lii) procedure for transfer of child under sub-section (1) section 96;(liii) provision for travelling allowance to the escorting staff for the child under sub-section (3) of section 96;(liv) procedure to be followed by the committee or a board while holding any inquiry, appeal or revision under sub-section (1) of section 104;5(lv) manner in which juvenile justice fund shall be administered undersub-section (3) of section 106;(lvi) functioning of the child protection society for the state and child protectionunits for every district under section 107;(lvii) any other matter which is required to be or may be, prescribed10 15(3) every rule and every regulation made under this act shall be laid, as soon as maybe after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation 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 regulation20(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 legislature56 of 2000repeal and savings110 (1) the juvenile justice (care and protection of children) act, 2000 is herebyrepealed25(2) notwithstanding such repeal, anything done or any action taken under the said acts shall be deemed to have been done or taken under the corresponding provisions of this actpower to remove difficulties111 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty:30provided that no such order shall be made after the expiry of the period of two years from the commencement of this act(2) however, order made under this section shall be laid, as soon as may be after it is made, before each house of parliament statement of objects and reasonsarticle 15 of the constitution, inter alia, confers upon the state powers to make special provision for children articles 39 (e) and (f), 45 and 47 further makes the state responsible for ensuring that all needs of children are met and their basic human rights are protected2 the united nations convention on the rights of children, ratified by india on11th december, 1992, requires the state parties to undertake all appropriate measures in case of a child alleged as, or accused of, violating any penal law, including (a) treatment of the child in a manner consistent with the promotion of the child's sense of dignity and worth (b) reinforcing the child's respect for the human rights and fundamental freedoms of others (c)taking into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society3 the juvenile justice (care and protection of children) act was enacted in 2000 to provide for the protection of children the act was amended twice in 2006 and 2011 to address gaps in its implementation and make the law more child-friendly during the course of the implementation of the act, several issues arose such as increasing incidents of abuse of children in institutions, inadequate facilities, quality of care and rehabilitation measures in homes, high pendency of cases, delays in adoption due to faulty and incomplete processing, lack of clarity regarding roles, responsibilities and accountability of institutions and, inadequate provisions to counter offences against children such as corporal punishment, sale of children for adoption purposes, etc have highlighted the need to review the existing law4 further, increasing cases of crimes committed by children in the age group of 16-18years in recent years makes it evident that the current provisions and system under the juvenile justice (care and protection of children) act, 2000, are ill equipped to tackle child offenders in this age group the data collected by the national crime records bureau establishes that crimes by children in the age group of 16-18 years have increased especially in certain categories of heinous offences5 numerous changes are required in the existing juvenile justice (care and protection of children) act, 2000 to address the above mentioned issues and therefore, it is proposed to repeal existing juvenile justice (care and protection of children) act, 2000 and re-enact a comprehensive legislation inter alia to provide for general principles of care and protection of children, procedures in case of children in need of care and protection and children in conflict with law, rehabilitation and social re-integration measures for such children, adoption of orphan, abandoned and surrendered children, and offences committed against children this legislation would thus ensure proper care, protection, development, treatment and social re-integration of children in difficult circumstance by adopting a child-friendly approach keeping in view the best interest of the child in mind6 the notes on clauses explain in detail the various provisions contained in the bill 7 the bill seeks to achieve the above objectivesmaneka sanjay gandhinew delhi;the 8th august, 2014 notes on clausesclause 2—this clause provides for definitions it defines the various expressions used in the proposed legislation which, inter alia, include the expressions "abandoned child", "adoption ", "adoption guidelines", "administrator", "aftercare", "authorised foreign adoption agency", "begging", "best interest of child", "board", "central adoption resource authority", "central authority", "child", "child in conflict with law", "child in need of care and protection", "child friendly", "child legally free for adoption", "open shelter", "children's home", "child welfare officer", "child welfare police officer", "children's court", "child care institution", "court", "committee", "corporal punishment", "childline services","district child protection unit", "fit facility", "fit person", "foster care", "foster family", "guardian", "group foster care", "heinous offences", "inter country adoption", "juvenile", "narcotic drug and psychotropic substances", "no objection certificate", "non-resident indian", "notification", "observation home", "orphan", "overseas citizen of india", "person of indian origin", "petty offences", "place of safety", "prescribed", "probation officer", "prospective adoptive parents", "public place", "registered", "relative", "state adoption resource agency", "special juvenile police unit", "special home", "specialised adoption agency", "sponsorship", "state government", "surrendered child"it further provides that words and expressions used but not defined in the proposed legislation but defined in other acts shall have the meanings respectively assigned to them in those actsclause 3—this clause provides guidance to the central government, the state governments, the board, and other agencies, through fundamental principles for the implementation of the provisions of this act these fundamental principles are:(i) principle of presumption of innocence: any child is to be presumed to be innocent of any mala fide or criminal intent upto the age of eighteen years(ii) principle of dignity and worth: all human beings are to be treated as equal in dignity and rights(iii) principle of participation: every child has a right to be heard and to participate in all processes and decisions affecting his interest and the child's views are be taken into consideration with due regard to the age and maturity of the child(iv) principle of best interest: all decisions regarding child are to be based on the primary consideration that they are in the best interest of the child and are to help the child to develop his full potential(v) principle of family responsibility: the primary responsibility of care, nurture and protection of the child is that of the biological family or adoptive or foster parents, as the case may be(vi) principle of safety: all measures are to be taken to ensure that the child is safe and is not subjected to any harm, abuse or maltreatment while in contact with the care and protection system, and thereafter(vii) positive measures: all resources are to be mobilized including those of family and community, for promoting the well-being, facilitating development of identity and providing an inclusive and enabling environment, to reduce vulnerabilities of children and the need for intervention under this act(viii) principle of non-stigmatizing semantics: adversarial or accusatory words are not to be used in processes pertaining to a child(ix) principle of non-waiver of rights: no waiver of rights of the child is permissible or valid, whether sought by the child or person acting on behalf of the child, or a board or a committee and any non-exercise of a fundamental right shall not amount to waiver (x) principle of equality and non-discrimination: there shall be no discrimination against a child on any grounds including sex, caste, ethnicity, place of birth, disability, offence committed and equality of access, opportunity and treatment are to be provided to every child(xi) principle of right to privacy and confidentiality: the child has a right to protection of his privacy and confidentiality, by all means and throughout the judicial process(xii) principle of institutionalisation as a measure of last resort: a child is to be placed in institutional care as a step of last resort after reasonable inquiry(xiii) principle of repatriation and restoration: every child in the juvenile justice system has the right to be re-united with his family at the earliest and to be restored to the same socio-economic and cultural status that he was in, before coming under the purview of the act, unless such restoration and repatriation is not in his best interest(xiv) principle of fresh start: all past records of any child under the juvenile justice system should be erased expect in special circumstances (xv) principle of diversion: measures for dealing with children in conflict with law without resorting to judicial proceedings is to be promoted unless it is in the best interest of the child or the society as a whole(xvi) principles of natural justice: basic procedural standards of fairness shall be adhered to, including the right to a fair hearing, rule against bias and the right to review, by all persons or bodies, acting in a judicial capacity under this actclause 4—this clause provides for constitution of one or more juvenile justice boards by the state government for every district for exercising the powers and discharging the duties conferred or imposed on them in relation to children in conflict with law under this act it also provides for the composition of the board, which shall consist of a metropolitan magistrate or a judicial magistrate of the first class (not being chief metropolitan magistrate or chief judicial magistrate) with at least three years of experience and two social workers from two different reputed non-governmental organisations the selection of the members of the board shall be done in prescribed manner however; at least one member of the board shall be a woman the board shall be forming a bench and every bench shall have the powers conferred by the code of criminal procedure, 1973 on a metropolitan magistrate or, a judicial magistrate of the first class it also states that the magistrate on the board shall be designated as the principal magistrateit is clarified that no social worker shall be appointed as a member of the board unless the person has been actively involved in health, education, or welfare activities pertaining to children for at least seven years or is a practicing professional with a degree in child psychology, psychiatry, sociology or lawit is further clarified that no person shall be eligible for selection as a member of the board, if he ––(i) has any past record of violation of human rights or child rights; (ii) has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence;(iii) has been removed or dismissed from service of the central government or a state government or an undertaking or corporation owned or controlled by the central government or a state government;(iv) has ever indulged in child abuse or employment of child labour or any other human rights violations or immoral actthe clause also states that the state government shall provide for the induction training and sensitisation of all members of the board including the principal magistrate of the board the training shall be provided on care, protection, rehabilitation, legal provisions and justice for children, within a period of sixty days from the date of their appointmentfurther, the clause also states that the term of office of the members of the board and the manner in which a member may resign shall be done as may be prescribed the appointment of any member of the board, except of that of the principal magistrate, may be terminated after holding inquiry, by the state government, if he ––(i) he has been found guilty of misuse of power vested under this act; or (ii) fails to attend the proceedings of the board for consecutive three months without any valid reason;(iii) or fails to attend less than three-fourths of the sittings in a year; or becomes ineligible under sub-section (5) during his term as member clause 5—this clause clarifies that when an inquiry has been initiated in respect of any child under this act, and during the course of inquiry, if the child completes the age of eighteen years, then, the inquiry may be continued by the board and orders may be passed in respect of that person as if the person had continued to be a childclause 6—this clause states that if a person, who has completed eighteen years of age but is below twenty one years, is apprehended for committing an offence when he was below the age of eighteen years, then the person shall be treated as a child during the process of inquiry the clause further states that if the person is not released on bail by the board then the person shall be placed in a place of safety during the process of inquiry if the board after inquiry comes to the conclusion that the person has committed any offence, then the person shall be placed in a place of safety till he completes his termif the children's court after the inquiry comes to the conclusion that the person has committed any heinous offence, then such a person shall be placed in the place of safety till he attains the age of twenty-one years after completing age of twenty-one years he shall be transferred to the jail meant for adultsclause 7—this clause provides that if any person, who is apprehended after completing the age of twenty-one years, for committing any serious or heinous offence when such person was between the age of sixteen to eighteen years, then, he shall, subject to the provisions of this act, be fried as an adultclause 8—this clause states that the board shall ensure that all procedures are child friendly and that the venue is not intimidating to the child and does not resemble regular courts further, the times at which the board shall meet and the rules that shall be observed in regard to the transaction of business at its meetings, shall be prescribedthis clause also states when the board is not sitting, a child in conflict with law may be produced before an individual member of the board it also states that a board may act even in the absence of any member of the board, and no order passed by the board shall be invalid in the absence of any member during any stage of proceedings this clause clarifies that at the time of final disposal of the case or in making an order under sub-section (3) of section 19 at least two members including the principal magistrate shall be present and in the event of any difference of opinion among the members of the board in the interim or final disposal, the opinion of the majority shall prevail in case there is no majority then the opinion of the principal magistrate, shall prevailclause 9—this clause provides the functions and responsibilities of the board and also states that the board constituted for any district shall have the power to deal exclusively with all the proceedings under this act, relating to children in conflict with law, in the area of jurisdiction of the board the powers conferred on the board under this act may also be exercised by the high court and the children's court, when the proceedings come before them under this section or in appeal, revision or otherwise the functions and responsibilities of the board shall include:(a) ensuring the informed participation of the child and the parent or guardian, in every step of the process;(b) ensuring that the child's rights are protected throughout the process of apprehending the child, inquiry, aftercare and rehabilitation;(c) ensuring availability of legal aid for the child through the legal services institutions;(d) wherever necessary the board shall provide an interpreter or translator, having such qualifications, experience, and on payment of such fees as may be prescribed, to the child if he fails to understand the language used in the proceedings;(e) directing the probation officer, or in case a probation officer is not available to the child welfare officer or a social worker, to undertake a social investigation into the case, and submit a social investigation report within a period of fifteen days from the date of first production before the board to ascertain circumstances in which the alleged offence was committed;(f) adjudicate and dispose of cases of children in conflict with law in accordance with the process of inquiry specified in section 14 of the act;(g) transferring to the committee, matters concerning the child alleged to be in conflict with the law, stated to be in need of care and protection at any stage, hereby recognising that a child in conflict with the law can also be a child in need of care simultaneously and there is a need for the committee and the board to be both involved(h) disposing of the matter and passing a final order that includes an individual care plan for the child's rehabilitation, including follow up by the probation officer or the district child protection unit or a member of a non-governmental organisation, as may be required;(i) conducting inquiry for declaring "fit persons" regarding care of children in conflict with law;(j) conducting at least one inspection visit every month of residential facilities for children in conflict with law and recommend action for improvement in quality of services to the district child protection unit and state government;(k) order the police for registration of first information report for offences committed against any child in conflict with law, under this act or any other law, on a complaint made in this regard;(l) order the police for registration of first information report for offences committed against any child in need of care and protection, under this act or any other law, on a written complaint by a committee in this regard;(m) conducting regular inspection of jails meant for adults to check if any child is lodged in such jails and take immediate measures for transfer of such a child to the observation home(n) any other function as may be prescribedclause 10—this clause provides that when a magistrate who is not empowered to exercise the powers of board under this act is of the opinion that the person alleged to have committed the offence and brought before him is a child then in such a case the magistrate shall, without any delay, record his opinion and forward the child immediately, and send record of the proceeding, to the board having jurisdiction over the proceeding in case a person alleged to have committed an offence claims that he was a child on the date of commission of the offence before a court other than a board, or is the court itself is of the opinion that the person was a child on the date of commission of the offence, then the court shall make an inquiry, take such evidence as may be necessary (but not an affidavit) to determine the age of the person, and shall record a finding on the matter, stating the age of the person as nearly as may be this clause further clarifies that such a claim can be raised before any court and it shall be recognised at any stage, even after final disposal of the case such a claim shall be determined in terms of the provisions contained in this act and the rules made under the act even if the person has ceased to be a child on or before the date of commencement of this actthis clause also states that subject to provisions of section 7 if the court finds that a person has committed an offence and was a child on the date of commission of the offence, it shall forward the child to the board for passing appropriate orders and the sentence if any order or sentence is passed by the court, it shall be deemed to have no effect in such case in case a person under this clause is required to be kept in protective custody, while the person's claim of being a child is being inquired into, then such person may be placed, in the interim period, in a place of safetyclause 11—this clause provides that as soon as a child alleged to be in conflict with law is apprehended by the police, then the child shall be placed under the charge of the special juvenile police unit or the designated child welfare police officer the special juvenile police unit or the designated child welfare police officer shall produce the child before the board without any loss of time but within a period of twenty-four hours of apprehending the child excluding the time necessary for the journey, from the place where the child was apprehended this clause clarifies that in no case, a child alleged to be in conflict with law, shall be placed in a police lockup or lodged in a jail the clause also provides that the state government shall make rules consistent with this act,—(i) to provide for persons through whom (including registered voluntary or nongovernmental organisations) any child alleged to be in conflict with law may be produced before the board;(ii) to provide for the manner in which the child alleged to be in conflict with law may be sent to an observation home or place of safety, as the case may be clause 12—this clause provides that any person in whose charge a child in conflict with law is placed, shall while the order is in force, have responsibility of the child, as if the said person was the child's parent and responsible for the child's maintenance this clause further clarifies that the child shall continue to stay in the person's charge for the period stated by the board the person shall continue to have charge of the child even when the child is claimed by the parents or any other person except when the board is of the opinion that the parent or any other person are fit to exercise charge over such childclause 13—this clause provides that when any person, who is apparently a child and is alleged to have committed a bailable or non-bailable offence, is apprehended or detained by the police or appears or brought before a board, then such person shall, notwithstanding anything contained in the code of criminal procedure, 1973 or in any other law for the time being in force, be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person this clause also clarifies that the person shall not be released if there appears reasonable grounds for believing that the release is likely to bring this person into association with any known criminal or expose the said person to moral, physical or psychological danger or that the person's release would defeat the ends of justice the board shall record the reasons for denying the bail and circumstances that led to such a decisionthis clause also provides when a person having been apprehended is not released on bail under this clause by the officer in-charge of the police station, then the officer shall keep the person in an observation home in such manner as may be prescribed until the person can be brought before a board further, when the person is not released on bail by the board, it shall make an order sending him to an observation home or a place of safety, during the period of pendency of the inquiry regarding that person, for a period that may be specified in the order this clause states that when a child in conflict with law is unable to furnish bail within seven days of the bail order, then such child shall be produced before the board for modification of conditions of bailclause 14—this clause provides that where a child alleged to be in conflict with law is apprehended, the officer designated as child welfare police officer of the police station, or the special juvenile police unit to which such child is brought, shall, as soon as possible after apprehending the child, inform—(i) the parent or guardian of such child, if they can be found, and direct them to be present at the board before which the child is produced; and(ii) the probation officer, or if no probation officer is available, a child welfare officer, for preparation and submission within two weeks to the board, a social investigation report containing information regarding the antecedents and family background of the child and other material circumstances likely to be of assistance to the board for making the inquiry this clause also provides that where a child is released on bail, the probation officer or the child welfare officer shall be informed by the boardclause 15—this clause provides that where a child alleged to be in conflict with law is produced before a board, then the board shall hold an inquiry in accordance with the provisions of this act and may pass orders in relation to the child as it deems fit under clauses 18 and 19 of this act this clause further provides that the inquiry under this clause shall be completed within a period of four months from the date of first production of the child before the board, unless the period is extended, for a maximum period of two more months by the board, having regard to the circumstances of the case and after recording the reasons in writing for such extensionit also provides that a preliminary inquiry shall be conducted by the board in case of heinous offences under clause 16 and shall be disposed off within a period of one month from the date of first production of the child before the boardin case of petty or serious offences, if inquiry by the board remains inconclusive even after the extended period, the proceedings shall stand terminated this clause also clarifies that for heinous offences, in case the board requires further extension of time for completion of inquiry, the same shall be granted by the chief judicial magistrate or the chief metropolitan magistrate, for reasons to be recorded in writingthis clause provides the following steps to be taken by the board to ensure fair and speedy inquiry, namely:—(a) at the time of initiating the inquiry, the board shall satisfy itself that the child in conflict with law has not been subjected to any ill-treatment by the police or by any other person, including a lawyer or probation officer and take corrective steps in case of such ill-treatment;(b) in all cases under the act, the proceedings shall be conducted in simple manner as possible and care shall be taken to ensure that the child, against whom the proceedings have been instituted, is given child-friendly atmosphere during the proceedings;(c) every child brought before the board shall be given the opportunity to be heard and participate in the inquiry;(d) cases of petty offences, shall be disposed off by the board through summary proceedings, as per the procedure prescribed under the code of criminal procedure, 1973(e) inquiry of serious offences shall be disposed off by the board, by following the procedure, for trial in summons case under the code of criminal procedure, 1973;(f) inquiry in case of heinous offences,—(i) for child below the age of sixteen years as on the date of commission of an offence shall be disposed off by the board under clause (e);(ii) for child above the age of sixteen year as on the date of commission of an offence shall be dealt with in the manner prescribed under clause 15clause 16—this clause provides that in case of a heinous offence, committed by a child above the age of sixteen years, the board shall conduct a preliminary inquiry with regard to his mental and physical capacity to commit such offence, ability to understand the consequences of the offence and the circumstances in which he committed the offence this clause also provides that the board may thereafter pass an order in accordance with the provisions of sub-clause (3) of clause 19 this clause also clarifies that the board may take the assistance of experienced psychologists, psycho-social workers and other experts for such an inquirythis clause provides that where the board is satisfied on preliminary inquiry that the matter should be disposed off by the board, then the board shall follow the procedure, for trial in summons case under the code of criminal procedure, 1973 it is also clarified that the inquiry under this clause shall be completed within the period specified under clause 15clause17—this clause provides that the chief judicial magistrate or the chief metropolitan magistrate shall review the pendency of cases of the board once in every three months, and shall direct the board to increase the frequency of its sittings or may also recommend the constitution of additional boards it also provides that the number of cases pending before the board, the duration of such pendency, the nature of pendency and reasons thereof shall be reviewed every six months by a high level committee this committee shall be chaired by the executive chairperson of the state legal services authority, consisting of the home secretary, the secretary responsible for implementation of this act in the state and a representative from a voluntary or non-governmental organisation to be nominated by the chairpersonit also provides that the information of such pendency shall also be furnished by the board to the chief judicial magistrate or the chief metropolitan magistrate and the district magistrate on quarterly basis in a format as may be prescribed by the state governmentclause 18—this clause provides that where a board is satisfied on inquiry that the child brought before it has not committed any offence, then notwithstanding anything contrary contained in any other law for the time being in force, the board shall pass order to that effect it also provides that in case it appears to the board that the child referred to in this clause is in need of care and protection, it may refer the child to the committee with appropriate directionsclause 19—this clause provides that where a board is satisfied on inquiry that a child irrespective of his age has committed a petty offence or a serious offence; or a child is below the age of sixteen years and has committed a heinous offence, then notwithstanding anything contrary contained in any other law for the time being in force, and based on the nature of offence, specific need for supervision or intervention, circumstances as brought out in the social investigation report and past conduct of the child, the board may, if it so thinks fit may pass any of the following orders—(a) allow the child to go home after advice or admonition following appropriate inquiry and counselling to such child and to his parents or the guardian;(b) direct the child to participate in group counselling and similar activities; (c) order the child to perform community service under the supervision of an organisation or institution, or a specified person, persons or group of persons identified by the board;(d) order the child or parents or the guardian of the child to pay a fine: provided that, in case the child is working, it may be ensured that the provisions of any existing labour laws are not violated;(e) direct the child to be released on probation of good conduct and placed under the care of any parent, guardian or fit person, on such parent, guardian or fit person executing a bond, with or without surety, as the board may require, for the good behaviour and child's well-being for any period not exceeding three years;(f) direct the child to be released on probation of good conduct and placed under the care and supervision of any fit facility for ensuring the good behaviour and child's well-being for any period not exceeding three years;(g) direct the child to be sent to a special home, for such period, not exceeding three years, as it thinks fit, for providing reformative services including education, skill development, counselling, behaviour modification therapy, and psychiatric support during the period of stay in the special home or a place of safety, as the case may be: sub-clause (g) further clarifies that for committing a petty offence, the term of stay in a special home or a place of safety, shall not be more than three months it also clarifies that if the conduct and behaviour of the child has been such that, it would not be in the child's interest, or in the interest of other children housed in a special home, the board may send the child to the place of safetyadditionally the clause provides that if an order is passed under clauses (a) to (g), the board may also pass orders to—(i) attend school; (ii) attend a vocational training centre; (iii) attend a therapeutic centre; (iv) prohibit the child from visiting, frequenting or appearing at a specified place; (v) undergo a de-addiction programmefurther, this clause states that where, the board after preliminary inquiry under cluase16 comes to the conclusion that there is a need for further trial of the child as an adult, then the board may order transfer of the trial of the case to the children's court having jurisdiction to try such offencesclause 20—this clause provides that after the receipt of preliminary inquiry from the board under clause 16 of the act, the children´s court may decide that—(i) there is a need for trial of the child as an adult as per the provisions of code of criminal procedure, 1973 and pass appropriate orders after trial subject to provisions of this section and section 22 or;(ii) there is no need for trial of the child as an adult and may conduct an inquiry as board and pass appropriate orders in accordance with the provisions of sub-sections (1) and (2) of section 18 this clause further states that the children's court shall ensure that the final order, with regard to a child in conflict with law, shall include an individual care plan for the rehabilitation of child, including follow up by the probation officer or the district child protection unit or a social worker the children's court shall ensure that the child who is found to be in conflict with the law is sent to a place of safety till he attains the age of twentyone years, thereafter, the person shall be transferred to a jail it is also clarified that the reformative services including educational services, skill development, alternative therapy such as counselling, behaviour modification therapy, and psychiatric support shall be provided to the child during the period of his stay in the place of safetythe clause states that the children's court shall ensure that there is a periodic follow up report every year by the probation officer or the district child protection unit or a social worker, to evaluate the progress of the child in the place of safety and to ensure that there is no ill-treatment to the child in any form the reports under this clause shall be forwarded to the children´s court for record and follow upclause 21—this clause provides that when a child in conflict with the law attains the age of twenty-one years and is yet to complete the term of his stay, the children´s court then shall provide for a follow up by the probation officer or the district child protection unit or a social worker or by itself the purpose of the follow up is to evaluate if the child has undergone reformative changes and if the child can be a contributing member of the society the evaluation shall be based on the progress records of the child under sub-clause (4) of clause 20 of this act, along with evaluation of relevant experts after the completion of the evaluation, the children's court may—(i) decide to release the child on such conditions as it deems fit which includes appointment of a monitoring authority for the remainder of the prescribed term of stay;(ii) decide that the child shall complete the remainder of his term in an adult jailthe clause further clarifies that each state government shall maintain a list of monitoring authorities and monitoring procedures as may be prescribed under the rulesclause 22—this clause provides that no child in conflict with law shall be sentenced to death or for life imprisonment without the possibility of release, for any such offence, either under the provisions of this act or under the provisions of the indian penal code or under any other law for the time being in forceclause 23—this clause provides that despite anything to the contrary contained in the code of criminal procedure, 1973, or any preventive detention law for the time being in force, no proceeding shall be instituted and no order shall be passed against any child under chapter viii of the code of criminal procedure, 1973clause 24—this clause provides that despite anything contained in section 223 of the code of criminal procedure, 1973 or in any other law for the time being in force, no joint proceedings shall be conducted of a child alleged to be in conflict with law with a person, who is not a child it also provides that if during the inquiry by the board or by the children's court, the person alleged to be in conflict with law is found to be not a child, then that person shall not be tried along with a childclause 25—this clause provides that despite anything that may be contained in any other law for the time being in force, if a child who has committed an offence and has been dealt with under the provisions of this act shall not suffer any disqualification attached to a conviction of an offence under any other law it also provides that the board shall make an order, in which it will direct the police or the court and its own registry to destroy the relevant records of conviction after the expiry of the period of appeal or a reasonable period, which shall be prescribed under the rules the clause clarifies that in case of a heinous offence committed by a child and when the case is transferred to a children's court under clause 19 of this act, the children's court shall keep the record of the child, only when the child is sent to an adult jailclause 26—this clause provides that despite anything contained in this act, all proceedings in respect of a child alleged or found to be in conflict with law which are pending before any board or court on the date when this act comes into force, shall be continued in that board or court as if this act has not been passedclause 27—this clause provides that despite anything to the contrary that may be contained in any other law for the time being in force, any police officer may take charge of a child in conflict with law who has run away from a special home or an observation home or a place of safety or from the care of a person or institution under whom the child was placed under this act the clause further provides that the police officer shall produce the child within twenty-four hours, preferably before the board which passed the original order in respect of that child if possible, or the board nearest to where the child is foundit further provides that the board shall determine the reasons for the running away of the child and shall pass appropriate orders for the child to be sent back either to the institution or person from whose custody the child had run away or any other similar place or person, as the board may deem fit it also clarifies that the board may also give additional directions regarding any special steps that may be necessary, for the best interest of the childfurther the clause states that no additional proceeding shall be instituted in respect of such childclause 28—this clause provides that the state government shall constitute one or more child welfare committees for every district, for exercising the powers and to discharge the duties conferred on them in relation to children in need of care and protection under this act these committees shall be notified in the official gazette and the state government shall ensure that all members of the committee are provided with induction training and sensitisation within two months from the date of notificationwith regard to the composition of the committee, the clause states that the committee shall consist of a chairperson, and four other members as the state government may think fit to appoint, of whom at least one shall be a woman and another, an expert on matters concerning children the district child protection unit shall also provide a secretary and other staff that may be required for secretarial support to the committee for its effective functioningthe clause further clarifies that no person shall be appointed as member of the committee unless he/she has been actively involved in health, education, or welfare activities pertaining to children for atleast seven years or is a practicing professional with a degree in child psychology or psychiatry or law or social work or sociology or human development it is also clarified that no person shall be appointed as member unless he/she possesses qualifications that may be prescribed under the rules of this act and no person shall be appointed as member of the committee for more than three years the appointment of any member of the committee shall be terminated by the state government, after inquiry, if—(i) he has been found guilty of misuse of power vested under this act; (ii) he has been convicted of an offence involving moral turpitude, and such conviction has not been reversed or he has not been granted full pardon in respect of such offence; (iii) he fails to attend the proceedings of the committee for consecutive three months without any valid reason or he fails to attend less than three-fourths of the sittings in a year the clause provides that a quarterly review of the committee shall be conducted by the district magistrate it also states that the committee shall function as a bench of magistrates and shall have the powers conferred by the code of criminal procedure, 1973 on a metropolitan magistrate or, a judicial magistrate of the first class further, the clause provides that the district magistrate shall be the grievances authority for the child welfare committee and anyone connected with the child may file a petition before him and he shall consider the same and may pass appropriate ordersclause 29—this clause provides that the committee shall meet at least twenty days in a month and the rules and procedures in regard to the transaction of its business shall be prescribed in the rules it is clarified that a visit to an existing child care institution by the committee, to check its functioning and well being of children shall be considered as sitting of the committeethe clause further provides that when the committee is not in session, a child in need of care and protection may be produced before an individual member of the committee for placing the child in a children's home or with a fit person in the event of any difference of opinion among the members of the committee at the time of any decision, the opinion of the majority shall prevail in case there is no such majority, then the opinion of the chairperson shall prevail it is clarified that the committee may act, despite the absence of any member and no order made by the committee shall be invalid for such reason during any stage of the proceeding it is also clarified that at the time of final disposal order of the case, at least three members shall be presentclause 30—this clause provides that the committee shall have the authority to dispose of cases for the care, protection, treatment, development and rehabilitation of children, in need of care and protection, and shall also provide for their basic needs and protection where a committee has been constituted for any area, then despite anything contained in any other law for the time being in force, the committee shall have the power to deal exclusively with all proceedings under this act relating to children in need of care and protectionclause 31—this clause provides the functions and responsibilities of the committee, which include:—(i) taking cognizance of and receiving children produced;(ii) conducting inquiry on all issues relating to and affecting the safety and wellbeing of children under this act;(iii) directing the child welfare officers or probation officers or district child protection unit or non-governmental organisations to conduct social investigation and submit a report before the committee;(iv) conducting inquiry for declaring "fit persons" for care of children in need of care and protection;(v) directing placement of a child in foster care; (vi) ensuring care, protection, appropriate rehabilitation or restoration of children in need of care and protection, based on the child's individual care plan and passing necessary directions to parents or guardians or fit persons or children's homes or fit facility in this regard;(vii) selecting registered institution for placement of each child requiring institutional support, based on the child's age, gender, disability and needs and keeping in mind the available capacity of the institution;(viii) conducting at least two inspection visits per month of residential facilities for children in need of care and protection and recommending action for improvement in quality of services to the district child protection unit and the state government;(ix) certifying the execution of the surrender deed by the parents and ensuring that they are given time to reconsider the decision as well as making all efforts to keep the family together;(x) ensuring that all efforts are made for restoration of abandoned or lost children to their families following due process, as may be prescribed;(xi) declaration of orphan, abandoned and surrendered child as legally free for adoption after due inquiry;(xii) taking suo motu cognizance of cases and reaching out to children in need of care and protection, who are not produced before the committee provided such decision is taken by atleast three members;(xiii) taking action for rehabilitation of sexually abused children who are reported as children in need of care and protection to the committee by special juvenile police unit or local police, as the case may be, under the protection of children from sexual offences act, 2012(xiv) dealing with cases referred by the board under sub-section (2) of section18 of this act;(xv)co-ordinate with the police, labour department and other agencies involved in the care and protection of children with support of the district child protection unit or the state government;(xvi) in case of a complaint of abuse of a child in any child care institution, the committee shall conduct inquiry and give directions to the police or the district child protection unit or labour department or childline services, as the case may be;(xvii) accessing appropriate legal services for childrenclause 32—this clause provides that any child who is in need of care and protection may be produced before the committee by any of the following persons, namely:—(i) any police officer or special juvenile police unit or a designated child welfare police officer or any officer of district child protection unit or inspector appointed under labour laws;(ii) any public servant; (iii) childline services or any voluntary or non-governmental organisation or any agency as may be recognised by the state government;(iv) child welfare officer or probation officer; (v) any social worker or a public spirited citizen; (vi) by the child himself; or (vii) any nurse, doctor or management of a nursing home, hospital or maternity home the clause further clarifies that the child shall be produced before the committee within twenty-four hours excluding the time necessary for the journey and without any delay the state government shall make rules consistent with this act, to provide for the manner of submitting the report to the committee and the manner of sending and entrusting the child to children's home or shelter home or fit facility or fit person, during the period of the inquiryclause 33—this clause provides for procedure in case an individual or a police officer or any functionary of any organisation or a nursing home or hospital or maternity home finds and takes charge, or is handed over a child and the child appears or claims to be abandoned or lost, or an orphan without family support as per this clause, information regarding such child shall be given within twenty-four hours (excluding the time necessary for the journey) by persons listed in this clause to childline services or the nearest police station or to a child welfare committee or to the district child protection unit, or hand over the child to a child care institution registered under this actit also provides that the information regarding a child referred to in sub-clause (1) of this clause shall be mandatorily uploaded on a portal specified by the central government or the committee or the district child protection unit or the child care institution, as the case may beclause 34—this clause provides that if information regarding a child as required under clause 33 is not given within the stipulated period, then it shall be regarded as an offence under this actclause 35—this clause provides that the persons responsible for reporting under clause 34 shall be liable to imprisonment up to six months or fine of rupees 10,000 or both, in case they commit an offence under clause 34clause 36—this clause provides that if parent or guardian of a child, who for physical, emotional and social factors beyond their control, wish to surrender their child then they shall produce the child before the committee if, the committee after prescribed process of inquiry and counselling, is satisfied about the factors then a surrender deed shall be executed by the parent(s) or guardian in the manner prescribed under the rulesthe clause provides that the surrendering parents or guardian, shall be given one month reconsideration time for surrendering the child in the interim period, the committee after due inquiry, shall either allow the child to be with his parents or guardians under supervision, or place the child in a specialised adoption agency, if he or she is below six years of age, or a children's home if the child is above six yearsclause 37—this clause provides that the when a child is produced or a report is received by the committee under clause 32, then the committee shall hold an inquiry in the prescribed manner under the rules the committee shall either on its own or on the report from any person or agency as mentioned in sub-clause (2) of clause 32, may pass an order to send the child to the children's home or shelter home or a fit facility or fit person, and for speedy social investigation by a social worker or child welfare officer or child welfare police officer it is clarified that all children below six years of age, who are orphan, surrendered or appear to be abandoned shall be placed in a specialised adoption agency, where availableit also provides that the social investigation shall be completed within fifteen days so as to enable the committee to pass the final order within four months of first production of the child it is clarified that for orphan, abandoned or surrendered children, the time for completion of inquiry shall be as specified in clause 39the clause further elaborates that after the completion of the inquiry, if, the committee is of the opinion that the child has no family or ostensible support or is in continued need of care and protection, then it may send the child, to a specialised adoption agency if the child is below six years of age, children's home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child, or till the child attains the age of eighteen years it is again clarified that the situation of the child placed in a children's home or with a fit facility or person or a foster family, shall be reviewed by the committee, as per the rules under this actunder the clause, the committee is required to submit a quarterly report of the nature of disposal of cases and pendency to the district magistrate as per the rules under this act, for review of pendency of cases every three months by the district magistrate after review, the district magistrate shall direct the committee to take necessary remedial measures to address pendency, if necessary and send a report of reviews to the state government the state government may cause the constitution of additional committees, whenever required it is clarified that in case the pendency still continues to be unaddressed by the committee even after three months of receiving such directions, the state government shall terminate the existing committee and a new committee shall be constituted in its place further the state government is required to maintain a standing panel of eligible persons to be appointed as members of the committee, which shall be useful in anticipation of termination of the committee and no time shall be lost in reconstituting a new committee in case of any delay in the constitution of a new committee under sub-clause (5), in the interim period, the child welfare committee of a nearby district shall assume responsibilityclause 38—this clause provides that the committee after being satisfied through the inquiry that the child brought before it is a child in need of care and protection may pass one or more of the following orders the committee shall also consider the social investigation report submitted by child welfare officer and shall take into account the child's wishes in case the child is sufficiently mature to take a view—(a) declaration of a child as in need of care and protection; (b) restoration of child to the parents or legal guardian or family with or withoutsupervision of child welfare officer or designated social worker;(c) placement of the child in children's home or fit facility or specialised adoptionagency for the purpose of adoption for long term or temporary care, keeping in mindthe capacity of the institution for housing such children, either after reaching the conclusion that the family of the child cannot be traced or even if traced, restoration of the child to the family is not in the best interest of the child;(d) placement of the child with "fit person" for long term or temporary care; (e) foster care orders under section 45 of this act; (f) sponsorship orders under section 46 of this act; (g) directions to persons or institutions or facilities in whose care the child isplaced, regarding care, protection and rehabilitation of the child, including directions related to immediate shelter and services such as medical attention, psychiatric and psychological support including need-based counselling, occupational therapy or behaviour modification therapy, skill training, legal aid, educational services, and other developmental activities, as required, as well as follow up and coordination with district child protection unit or state government and other agencies;(h) declaration of child as legally free for adoption under section 39 of this act;the clause also provides that the committee may also pass orders for —(i) declaration of fit persons for foster care; and (ii) getting one time after care support under section 47 of the act; (iii) any other order related to any other function as may be prescribedclause 39—this clause provides that in case of orphan and abandoned child, the committee shall make all efforts to trace the child's parents or guardians only after the completion of such inquiry, if it is established that the child is either an orphan having no one to take care, or abandoned, the committee shall declare the child legally free for adoption it is clarified that the declaration by the committee shall be made within two months from the date of production of the child, for children who are up to two years of age and within four months for children above two years of age it is further clarified that no first information report shall be registered against any biological parent in the process of inquiry relating to an abandoned or surrendered child under this act, not withstanding anything contained in this regard in any other law for the time being in forcethe clause provides that in case of a surrendered child, the institution where the child has been placed by the committee, shall bring the case before the committee, immediately, on completion of the re-consideration period as specified under clause 36, for declaring the child legally free for adoption further, in case of a child of a mentally retarded parents or a unwanted child of victim of sexual assault, the child may be declared free for adoption by the committee, by following the procedure under this actit is clarified that the decision to declare an orphan, abandoned and surrendered child as legally free for adoption shall be taken by at least three members of the committee the committee shall every month inform the state adoption resource agency and central adoption resource authority regarding the number of children declared legally free for adoption and number of cases pending for decision in the manner prescribed under the rulesclause 40—this clause provides the process of rehabilitation and social integration of children under this act the process shall be based on the individual care plan of the child, preferably through family based care ie, by restoration to family or guardian with or without supervision or sponsorship, or adoption or foster-care it is clarified that all efforts shall be made to keep siblings together when they are placed in institutional or non-institutional care, unless it is in their best interest not to be kept togetherfor children in conflict with law, the clause states that the process of rehabilitation and social integration shall be undertaken in the observation homes if the child is not released on bail or in special homes or place of safety or fit facility or with a fit person, if the child is placed there by orders of the boardin case of children in need of care and protection who are not placed in families for any reason may be placed in an institution registered for such children under this act or with a fit person or a fit facility, on a temporary or long-term basis the process of rehabilitation and social integration shall be undertaken wherever the child is so placed by the committeeadditionally, the clause provides that children in need of care and protection who are leaving institutional care or children in conflict with law leaving special homes on attaining eighteen years of age, may be provided support through aftercare fund under clause 47, to help them to reintegrate into societyclause 41—this clause provides that restoration and protection of a child shall be the prime objective of any children's home, specialised adoption agency or open shelter the children's home, specialised adoption agency or an open shelter shall take all necessary steps for the restoration and protection of a child deprived of his family environment temporarily or permanently where the child is under their care and protection the committee also has the power to restore any child in need of care and protection to his parent, guardian or fit person, after determining the suitability of the parent or guardian or fit person to take care of the child, and give them suitable directionsexplanation—for the purposes of this clause "restoration of and protection of a child" means restoration to—(a) parents; (b) adoptive parents; (c) foster parents; (d) guardian; or (e) fit personclause 42—this clause provides that despite anything contained in any other law for the time being in force, all institutions, whether they are run by state government or run by voluntary or non-governmental organisations, which are meant, either wholly or partially, for housing children in need of care and protection as defined under clause (n) of clause 2 or children in conflict with law, shall, be registered under this act the manner of registration shall be prescribed under the rules and the registration shall be done within a period of six months from the date of commencement of this act, regardless of whether they are receiving grants from the government or not it is clarified that the institutions having valid registration under the juvenile justice (care and protection of children) act, 2000, on the date of commencement of this act, shall be deemed to be registered under this act as wellthe clause provides that at the time of registration under this clause, the state government shall determine and record the capacity and purpose of the institution and shall register the institution as a shelter home, or children's home or open shelter or specialised adoption agency or observation home or special home or place of safety on receipt of application for registration under sub-clause (1), from an existing or new institution housing children in need of care and protection or children in conflict with law, the state government may grant provisional registration the provisional registration shall be granted within one month of the date of application, for a maximum period of six months, in order to bring the institution under the purview of this act the state government shall also determine the capacity of the home which shall be mentioned in the registration certificate it is clarified that if the said institution does not fulfil the prescribed criteria for registration, within the stipulated time, the provisional registration shall be cancelled and provisions of sub-clause (5) shall applyit further states that if the state government does not issue a provisional registration certificate within one month of date of application, the proof of receipt of application shall be treated as provisional registration to run an organisation for a maximum period of six months if the application for registration is not disposed of within the stipulated period by any officer or officers of concerned government, it shall be regarded as dereliction of duty on their part by their higher controlling authority and appropriate departmental proceedings shall be institutedthe clause explains that the initial period of registration of an institution shall be for a period of five years, after which, it shall be subject to renewal every five years the state government may, after following the procedure prescribed in the rules, cancel or withhold registration, of an institution which fails to provide rehabilitation and reintegration services these services shall be as prescribed under clause 54 and till such time that the registration of an institution is renewed or granted the state government shall manage the institutionmoreover, any registered child care institution under this clause shall be duty bound to admit children, subject to the capacity of the institution, as directed by the committee, whether they are receiving grants from the government or not it is also clarified that despite anything contained in any other law for the time being in force, the inspection committee set up under clause 55, shall have the powers to inspect any institution housing children, even if not registered under this act, to determine if such institution is housing children in need of care and protectionclause 43—this clause provides that any person, or persons, incharge of an institution housing children in need of care and protection and children in conflict with law, who fails to comply with sub-clause (1) of clause 42, shall be punished with imprisonment which may extend to one year or a fine of not less than one lakh rupees or both it is clarified that every thirty days delay in applying for registration shall be considered as a separate offenceclause 44—this clause provides that the state government shall establish and maintain, by itself or through voluntary or non-governmental organisations, as many open shelters as may be required these open shelters shall be registered as prescribed under the rules the open shelters referred to in sub-clause (1) shall function as a community based facility for children in need of residential support, on a short term basis, with the objective of protecting them from abuse or weaning them, or keeping them, away from a life on the streets the open shelters are required under the clause to send information every month to the district child protection unit and the committee regarding children availing services of the shelter the manner of providing information shall be prescribed under the rulesclause 45—this clause provides that children under this act may be placed in foster care, including group foster care for their care and protection through orders of the committee the procedure in this regard shall be prescribed under the rules the foster care means a family which does not include the child's biological or adoptive parents or an unrelated family recognised as suitable for the purpose by the state government, for a short or extended period of time the selection of the foster family shall be based on family's ability, intent, capacity and prior experience of taking care of children all efforts shall be made to keep siblings together in foster families, unless it is in their best interest not to be kept togetherthe clause further provides that based on the number of children, the state government shall provide monthly funding for foster care through district child protection unit after following the prescribed procedure for inspection to ensure well being of childrenit is clarified that in case of children who have parents but are placed in foster care because the parents are unfit or unable to take care of the child, the child's parents may visit the child in the foster family at regular intervals the committee may restrict such visits if it feels that such visits are not in the best interest of the child the clause clarifies that eventually, the child may return to the parent's homes once the parents are determined by the committee to be fit to take care of the child the foster family shall be responsible for providing education, health and nutrition to the child and shall ensure the overall well being of the child, which shall be prescribed in the rules further, the state government may make rules for the purpose of defining procedure, criteria and the manner in which foster care services shall be provided for childreninspection of foster families shall be conducted every month by the committee in the format as may be prescribed in the rules to check the well-being of the child whenever a foster family is found lacking in taking care of the child, the child shall be removed from that foster family and shifted to another foster family as may be deemed fit by the committee no child regarded as adoptable by the committee shall be given for long term foster careclause 46—this clause provides that the state government shall make rules for the purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship the clause also provides the criteria for sponsorship which includes:(i) where mother is a widow or divorced or abandoned by family; (ii) where children are orphan and are living with the extended family; (iii) where parents are victims of life threatening disease; (iv) where parents are incapacitated due to accident and unable to take care ofchildren both financially and physicallythe clause states that the duration of sponsorship shall be prescribed under the rules the sponsorship programme may provide supplementary support to families, to children's homes and to special homes to meet medical, nutritional, educational and other needs of the children, with a view to improving their quality of lifeclause 47—this clause provides that any child leaving a child care institution on completion of eighteen years of age may be provided with a onetime financial support in order to facilitate his reintegration into the society the manner in which this support shall be provided will be prescribed in the rulesclause 48—this clause provides that the state government shall establish and maintain observation homes in every district or a group of districts, either by itself, or through voluntary or non-governmental organisations these homes shall be registered under clause 42 of this act, for temporary reception, care and rehabilitation of any child alleged to be in conflict with law, during the pendency of any inquiry under this actthe clause provides that if the state government is of the opinion that any registered institution other than a home established or maintained under sub-clause (1), is fit for the temporary reception of a child alleged to be in conflict with law during the pendency of any inquiry under this act, it may register such institution as an observation home for the purposes of this actthe clause also states that the state government may make rules for the management and monitoring of observation homes the rules shall also cover the standards and various types of services to be provided by observation homes for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawnlastly, the clause states that every child alleged to be in conflict with law who is not placed under the charge of parent or guardian and is sent to an observation home shall be segregated according to the child's age and gender due consideration shall be given to physical and mental status of the child and degree of the offence committedclause 49—this clause provides that the state government may establish and maintain special homes either by itself or through voluntary or non-governmental organisations these homes shall be registered as per the rules under the act the special homes shall be established in every district or a group of districts, for rehabilitation of children in conflict with law who are found to have committed an offence and who are placed there by order of the juvenile justice board under clause 19 of this actunder the clause, the state government may make rules for the management and monitoring of special homes, including the standards and various types of services to be provided by them which are necessary for social re-integration of a child, and the circumstances under which, and the manner in which, the registration of a special home may be granted or withdrawn the rules may also provide for the segregation and separation of children found to be in conflict with law on the basis of age, gender, the nature of offences committed by them and the child's mental and physical statusclause 50—this clause provides that the state government shall set up atleast one place of safety in every state this place of safety shall be registered under clause 42 of this act for persons above the age of eighteen years or children in conflict with law, who are between the ages of sixteen to eighteen years and are accused or convicted of committing a heinous crime under this actthe clause further states that each place of safety shall have separate arrangement and facilities for stay of children or persons during the process of inquiry and children or persons convicted of committing an offence it also states that the state government may make rules to prescribe the types of places that can be designated as place of safety under sub-clause (1) and the facilities and services that may be provided by themclause 51—this clause provides that the state government may establish and maintain, in every district or group of districts children's homes, either by itself or through voluntary or non-governmental organisations these children's homes shall be registered for the placement of children in need of care and protection for their care, treatment, education, training, development and rehabilitation further, the state government shall designate any children's home as a home fit for children with special needs delivering specialised services, depending on requirementthe clause further states that the state government may make rules to provide for the monitoring and management of children's homes including the standards and the nature of services to be provided by them, based on individual care plans for each childclause 52—this clause provides that the board or the committee shall recognise an organisation as fit whether it is being run by a governmental organisation or a voluntary or non-governmental organisation after due inquiry regarding the suitability of the facilitysuch fit organisation registered under any law for the time being in force shall temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility the clause also states that rules for recognition of such a fit facility may also be made under the clause, the board or the committee may withdraw the recognition for reasons to be recorded in writingclause 53—this clause provides that the board or the committee shall, after due verification of credentials, recognise any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period the rules may also be prescribed under this clause further, the board or committee may withdraw the recognition after recording the reasons in writingclause 54—this clause provides that the services to be provided by institutions registered under this act and the process of rehabilitation and re-integration of children may include—(i) basic requirements such as food, shelter, clothing and medical attention asper the prescribed standards;(ii) equipment such as wheel-chairs, prosthetic devices, hearing aids, braille kits,or any other suitable aids and appliances as required, for children with special needs;(iii) age appropriate education, including supplementary education, specialeducation, and appropriate education for children with special needsthe sub clause further clarifies that for children between six to fourteen years of age the provisions of the right of children to free and compulsory education act, 2009 shall be followed;(iv) skill development; (v) occupational therapy and life skill education; (vi) mental health interventions, including counselling specific to the need ofchild;(vii) recreational activities including sports and cultural activities; (viii) legal aid where required; (ix) referral services for education, vocational training, de-addiction, treatmentof diseases etc, where required;(x) case management including preparation and follow up of individual careplan;(xi) birth registration; (xii) assistance for obtaining the proof of identity, where required; and(xiii) any other service that may reasonably be provided in order to ensure the well being of the child, either directly by the state government, registered or fit individuals or institutions or through referral services it is further provided that each institution shall have a management committee, set up in a manner as may be prescribed under the rules to manage the institution and monitor the progress of every child the officer in-charge of every institution, housing children above six years of age, shall facilitate setting up of children's committees for participating in such activities as may be prescribed, for the safety and well-being of children in the institutionclause 55— this clause provides that the state government shall appoint inspection committees for all institutions registered or recognised fit, under this act these inspection committees shall be appointed for the state and districts the period and purpose of these committees shall be prescribed in the rulesthis clause provides that these inspection committees shall mandatorily conduct visits to all facilities housing children in the area allocated to them these visits shall be conducted at least once in three months in a team of not less than three members, of whom at least one shall be a woman and one shall be a medical officer the inspection committees shall submit reports of the findings of their visits within a week of visit, to the district child protection units or state government for further action on the submission of the report by the inspection committee within a week of the inspection, appropriate action shall be taken within a month by the district child protection unit or the state government and a compliance report shall be submitted to the state governmentclause 56—this clause provides that the central government or state government may independently evaluate the functioning of the board, committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, at such period and through such persons or institutions as may be prescribed by that government it is further clarified that in case such independent evaluation is conducted by both the governments, the evaluation by the central government shall prevailclause 57— this clause provides that adoption shall be resorted to for ensuring right to family for the orphan, abandoned and surrendered children further, the adoption shall be as per the provisions of this act, the rules and the adoption guidelines it is clarified that the adoption of a child from a relative by another relative, irrespective of their religion, can be made as per the provisions of this act and the adoption guidelines further, all inter-country adoptions shall be done only as per the provisions of this act and the adoption guidelineslastly, the clause states that any person, who takes or sends a child to a foreign country or takes part in any arrangement for transferring the care and custody of a child to another person in a foreign country without a valid order from the court, shall be punishable as per the provisions of sub–clause (1) of clause 80clause 58—this clause provides that the prospective adoptive parents shall have to be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him in case of a couple, the consent of both the spouses for the adoption shall be required the clause clarifies that a single or divorced person can also adopt, provided they fulfil the criteria and are found suitable as per the adoption guidelines it is made clear that a single male is not eligible to adopt a girl child the clause also provides for any other criteria for prospective adoptive parents that may be specified in the adoption guidelinesclause 59—this clause provides that an indian prospective adoptive parents living in india, irrespective of their religion, if are interested to adopt an orphan or abandoned or surrendered child, then they may apply for the same to a specialised adoption agency and the manner of such adoption shall be provided in the adoption guidelines the specialised adoption agency shall prepare the home study report of the prospective adoptive parents after finding them eligible, it will refer the child declared legally free for adoption to them along with the child's study report and his medical report, in the manner as provided in the adoption guidelinesthis clause provides that on the receipt of the acceptance of the child from the prospective adoptive parents along with the child study report and his medical report signed by the prospective adoptive parents, the specialised adoption agency shall give the child in pre-adoption foster care after giving the child in pre-adoption foster care, the agency shall file an application in the court for obtaining the adoption order, in the manner as provided in the adoption guidelines this clause provides that on the receipt of a certified copy of the court order, the specialised adoption agency shall send it immediately to the prospective adoptive parents the progress and well being of the child in the adoptive family shall be followed up and ascertained in the manner as provided in the adoption guidelinesclause 60—this clause provides that if an orphan or abandoned or surrendered child could not be placed with an indian prospective adoptive parent or non-resident indian despite the joint effort of the specialised adoption agency and state agency within thirty days from the date the child being declared legally free for adoption, then the child shall be free for inter-country adoptionthis clause provides that an eligible non-resident indian or overseas citizen of india or persons of indian origin shall be given priority in inter-country adoption of indian children the non-resident indian or overseas citizen of india, or a person of indian origin or a foreigner, who are prospective adoptive parents living abroad, irrespective of their religion, if they are interested to adopt an orphan or abandoned or surrendered child from india, then they may apply to an authorised foreign adoption agency, or central authority or a concerned government department in their country of habitual residence, in the manner as provided in the adoption guidelinesfurther, the authorised foreign adoption agency, or central authority, or a concerned government department, shall prepare the home study report of such prospective adoptive parents and upon finding them eligible, will sponsor their application to authority for adoption of a child from india, in the manner as provided in the adoption guidelineson the receipt of the application of such prospective adoptive parents, the authority shall examine and if it finds the applicants suitable, then, it will refer the application to one of the specialised adoption agencies, where children legally free for adoption are availablethis clause elaborates that the specialised adoption agency will match a child with such prospective adoptive parents and send the child study report and medical report of the child to such parents, who in turn may accept the child and return the child study and medical report duly signed by them to the agency on receipt of the acceptance of the child from the prospective adoptive parents, the specialised adoption agency shall file an application in the court for obtaining the adoption order, in the manner as provided in the adoption guidelines on the receipt of a certified copy of the court order, the specialised adoption agency shall send immediately the same to authority, state agency and to the prospective adoptive parents, and obtain a passport for the child the authority shall intimate about the adoption to the immigration authorities of india and the receiving country of the child the prospective adoptive parents shall receive the child in person from the specialised adoption agency as soon as the passport and visa are issued to the childit is clarified that the authorised foreign adoption agency, or central authority, or the concerned government department, shall ensure the submission of progress reports about the child in the adoptive family and will be responsible for making alternative arrangement in the case of any disruption this shall be done in consultation with authority and concerned indian diplomatic mission, in the manner as provided in the adoption guidelinesfinally, a foreigner or a person of indian origin or an overseas citizen of india, who has habitual residence in india, if is interested to adopt a child from india, may apply to authority for the same along with a no objection certificate from the diplomatic mission of his country in india, for further necessary actions as provided in the adoption guidelinesclause 61—this clause provides that a relative living abroad, who intends to adopt a child from his relative in india shall obtain an order from the court and may apply for no objection certificate from authority , in the manner as provided in the adoption guidelines authority shall on receipt of the order and the application from either the biological parents or from the adoptive parents, shall issue no objection certificate under intimation to the immigration authority of india and of the receiving country of the child the adoptive parents shall, after receiving no objection certificate shall receive the child from the biological parents and shall facilitate the contact of the adopted child with his siblings and biological parents from time to timeclause 62—this clause provides that before issuing an adoption order, the court shall satisfy itself that: (a) the adoption is for the welfare of the child; (b) due consideration is given to the wishes of the child having regard to the age and understanding of the child; and (c) that neither the prospective adoptive parents has given or agreed to give nor the specialised adoption agency or the parent or guardian of the child in case of relative adoption has received or agreed to receive any payment or reward in consideration of the adoption, except as permitted under the adoption guidelines towards the adoption fees or service charge or child care corpusfurther, the adoption proceedings shall be held in camera and the case shall be disposed of by the court within a period of two months from the date of filingclause 63—this clause provides that the documentation and other procedural requirements, not expressly provided in this act with regard to the adoption of an orphan, abandoned and surrendered child by indian prospective adoptive parents living in india, or by non-resident indian or overseas citizen of india or person of indian origin or foreigner prospective adoptive parents, shall be as per the adoption guidelinesthis clause also provides that the specialised adoption agency shall ensure that the adoption case of prospective adoptive parents is disposed of within four months from the date of receipt of application and the authorised foreign adoption agency, authority and state agency shall track the progress of the adoption case and intervene wherever necessary, so as to ensure that the time line is adhered toclause 64—this clause provides that a child in respect of whom an adoption order is issued by the court, shall become the child of the adoptive parents, and the adoptive parents shall become the parents of the child as if the child had been born to the adoptive parents, for all purposes, including intestacy, with effect from the date on which the adoption order takes effect, and on and from the date all the ties of the child in the family of his or her birth shall stand severed and replaced by those created by the adoption order in the adoptive family it is further clarified that any property which has vested in the adopted child immediately before the date on which the adoption order takes effect shall continue to be vested in the adopted child subject to the obligations, if any attached to the ownership of the property including the obligations, if any, to maintain the relatives in the biological familyclause 65—this clause provides that despite anything contained in any other law for the time being in force, information regarding all adoption orders issued by the concerned courts, shall be forwarded to authority on monthly basis in the manner as provided in the adoption guidelines, so as to enable authority to maintain the data on adoptionclause 66—this clause provides that the state government shall recognise one or more institutions or organisations in each district as a specialised adoption agency, in such manner as may be provided in the adoption guidelines, for the rehabilitation of orphan, abandoned or surrendered children, through adoption and non-institutional care it also provides that the state agency shall furnish the name, address and contact details of the specialised adoption agencies along with copies of certificate or letter of recognition or renewal to authority , as soon as the recognition or renewal is granted to such agenciesit is also provided that the state government shall get every specialised adoption agency inspected at least once in a year and take necessary remedial measures, if required in case any specialised adoption agency is in default in taking necessary steps on its part as stipulated in this act or in the adoption guidelines for getting an orphan or abandoned or surrendered child legally free for adoption from the committee or in completing the home study report of the prospective adoptive parent(s) or in obtaining adoption order from the court within stipulated time, then such specialised adoption agency shall be punished with a fine which may extend up to fifty thousand rupees in case of repeated default, the recognition of the specialised adoption agency shall be withdrawn by the state governmentclause 67—this clause provides that all the institutions registered under this act, which may not have been recognised as specialised adoption agencies, shall also ensure that all orphan or abandoned or surrendered children under their care are reported, produced and declared legally free for adoption, by the committee as per the provisions of clause 39 further, all institutions under sub-clause (1) of this clause shall develop formal linkages with nearby specialised adoption agency and shall furnish details of the children declared legally free for adoption to that specialised adoption agency along with all relevant records in the manner prescribed, for the placement of such children in adoption this clause also states that if any such institution contravenes the provisions of sub-clause (1) or sub-clause (2) of this clause it shall be liable to fine of fifty thousand rupees in each instance to be imposed by the registering authority and it may also attract de-recognition in the event of persistent flouting of such provisionsclause 68—this clause provides that the state government shall set up a state adoption resource agency for dealing with adoptions and related matters in the state under the guidance of authority the state agency, wherever they already exist, shall be deemed to be set up under this actclause 69—this clause provides that the central adoption resource agency existing before the commencement of this act, shall be deemed to have been constituted as the central adoption resource authority under this act to perform the following functions:(a) to promote in-country adoptions and to facilitate inter-state adoptions inco-ordination with state agency;(b) to regulate inter-country adoptions; (c) to frame guidelines on adoption and related matters from time to time as maybe necessary;(d) to carry out the functions of the central authority under the hague convention on protection of children and co-operation in respect of inter-country adoption;(e) any other function that may be prescribedclause 70—this clause provides that authority shall have a steering committee with following members :(a) secretary, ministry of women and child development, government of india, who shall be the chairperson—ex officio;(b) joint secretary, ministry of women and child development, government of india, dealing with authority;(c) joint secretary, ministry of women and child development, government of india, dealing with finance;(d) one state adoption resource agency and two specialised adoption agencies;(e) one adoptive parent and one adoptee; (f) one advocate or a professor having at least ten years of experience in family law;(g) member-secretary, who shall also be chief executive officer of the organisation further, the criteria for the selection or nomination of the members mentioned at (d) to(f), their tenure as well as the terms and conditions of their appointment shall be prescribed under the rules the clause provides for the functions of the steering committee as:(a)to oversee the functioning of authority and review its working from time to time so that it operates in most effective manner;(b)to approve the annual budget, annual accounts and audit reports as well as the action plan and annual report of authority ;(c)to adopt the recruitment rules, service rules, financial rules of authority as well as the other regulations for the exercise of the administrative and programmatic powers within the organisation, with the prior approval of the central government;(d)any other power that may be vested with it by the central government from time to timeadditionally, the clause states that the steering committee shall meet once in a month in the manner as may be prescribed under the rules and authority shall function from its headquarter and through its regional offices as may be set up as per its functional necessityclause 71—this clause provides that for the efficient performance of its functions, authority shall have the following powers:(a) to issue instructions to any specialised adoption agency or a children home or any child care institution housing any orphan, abandoned or surrendered child, any state agency or any authorised foreign adoption agency and such directions shall be complied by such agencies;(b) recommending to the concerned government or authority to take appropriate action against any official or functionary or institution under its administrative control, in case of persistent non-compliance of the instructions issued by it;(c) forwarding any case of persistent non-compliance of its instructions by any official or functionary or institution to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the same as if the case has been forwarded to him under section 346 of the code of criminal procedure, 1973(d) any other power that may be vested with it by the central governmentadditionally, in case of any difference of opinion in an adoption case, including the eligibility of prospective adoptive parents or of a child to be adopted, the decision of authority shall prevailclause 72—this clause provides that authority shall submit an annual report to the central government in the manner as may be prescribed under the rules the central government shall cause the annual report of authority to be laid before each house of parliamentclause 73—this clause provides that the central government shall, after due appropriation made by parliament by law in this behalf, pay to the authority by way of grants, such sums of money as the central government may think fit for being utilised for performing the functions of authority under this act the clause further states that authority may spend such sums of money as it thinks fit for performing the functions, as prescribed under this act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-clause (1)clause 74—this clause provides that authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor- general of india the accounts of authority shall be audited by the comptroller and auditor- general at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the central adoption resource authority to the comptroller and auditor-general further, the comptroller and auditor-general 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 the authority in connection with the audit of government accounts it shall in particular have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of authority further, the accounts of the authority as certified by the comptroller and auditor-general or any other person appointed by him in this behalf, together with the audit report thereon shall be forwarded annually to the central government by authority and finally, the central government shall cause the audit report to be laid, as soon as may be after it is received, before each house of parliamentclause 75—this clause provides that no report in any newspaper, magazine, newssheet or audio-visual media or other forms of communication regarding any inquiry or investigation or judicial procedure, shall disclose the name, address or school or any other particular of the child which may lead to the identification of a child in conflict with law or a child in need of care and protection or a child victim or witness of a crime, under any act for the time being in force the picture of any such child shall also not be published it is clarified that for reasons to be recorded in writing, the board or committee, holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the best interest of the childfurther, the police shall not disclose any record of the child for the purpose of character certificate or otherwise in cases where the case has been closed or disposed off any person contravening the provisions of sub-clause (1) shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to two lakh rupees or bothclause 76—this clause provides that whoever, having the actual charge of, or control over, a child, assaults, abandons, abuses, exposes or wilfully neglects the child or causes or procures the child to be assaulted, abandoned, abused, exposed or neglected in a manner likely to cause such child unnecessary mental or physical suffering then such person shall be punishable with imprisonment for a term which may extend to three years or with fine of one lakh rupees or both it is clarified that if such offence is committed by any person employed by or managing an organisation, which is entrusted with the care and protection of the child, he shall be punished with rigorous imprisonment which may extend up to five years, and fine which may extend up to five lakhs rupees or bothit is further clarified that on account of the aforesaid mentioned cruelty, if the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, then such person shall be punishable with rigorous imprisonment, not less than three years but which may be extended up to ten years and shall also be liable to fine of five lakhs rupees or bothclause 77—this clause provides that whoever employs or uses any child for the purpose of begging or causes any child to beg shall be punishable with imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees or both it is clarified that for the purpose of begging, if the person amputates or maims the child, he shall be punishable with rigorous imprisonment for a term not less than seven years which may extend up to ten years, and shall also be liable to fine of five lakh rupees or boththis clause also provides that whoever, having the actual charge of, or control over the child, abets the commission of an offence under sub-clause (1), shall be punishable with the same punishment as provided for in sub-cluase (1) and such person shall be considered to be unfit under clause 2 (n) (v) of this act further, the said child, shall not be considered a child in conflict with law under any circumstances, and shall be removed from the charge or control of such guardian or custodian and produced before the committee for appropriate rehabilitationclause 78—this clause provides that whoever gives, or causes to be given, to any child any intoxicating liquor or any narcotic drug or tobacco products or psychotropic substance, except on the order of a duly qualified medical practitioner, shall be punishable with rigorous imprisonment for a term which may extend to seven years and shall also be liable to a fine which may extend up to one lakh rupees or bothclause 79—this clause provides that whoever uses a child, for vending, peddling, carrying, supplying or smuggling any intoxicating liquor, narcotic drug or psychotropic substance, shall be liable for rigorous imprisonment for a term which may extend to seven years and to a fine up to one lakh rupees or bothclause 80—this clause provides that despite anything contained in any law for the time being in force, whosoever apparently employs a child for the purpose of employment or keeps him in bondage for the purpose or withholds his earnings or uses such earning for his own purposes, he shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees or both explanation under this clause states that the term 'employment' shall also include selling goods and services, and entertainment in public places for economic gainclause 81—this clause provides that if any person or organisation offers or gives or receives, any orphan, abandoned or surrendered child, for the purpose of adoption without following the provisions or procedures as provided in this act, then such person or organisation shall be punishable with imprisonment of either description for a term which may extend upto three years, or with fine of one lakh rupees, or with both it is clarified that where the offence is committed by a recognised adoption agency, in addition to the above punishment awarded to the persons in-charge of, and responsible for the conduct of the day-to-day affairs of the adoption agency, the registration of such agency under clause 41 and its recognition under clause 65 shall also be withdrawn for a minimum period of one yearclause 82—this clause provides that any person who sells or buys or procures a child for any purpose shall be punishable with rigorous imprisonment for a term which may extend to five years and shall also be liable to fine of one lakh rupees or both it is further clarified that where such offence is committed by person having actual charge of the child, including employees of a hospital or nursing home or maternity home, the term of imprisonment shall not be less than three years and may extend up to seven yearsclause 83—this clause provides that any person in-charge of or employed in a child care institution subjects a child to corporal punishment by intentionally subjecting a child to physical punishment or mental harassment with the aim of disciplining the child, shall be liable, on the first conviction, to a fine of ten thousand rupees and for every subsequent offence, such person shall be liable for imprisonment which may extend to three months and fine or both further, if a person employed in an institution providing services to children, is convicted of an offence under this sub-clause then such person shall also be liable for dismissal from service, and shall also be debarred from working directly with children thereafter it is also provided under the clause that in case, where any corporal punishment is reported in an institution and the management of such institution does not cooperate with any inquiry or comply with the orders of the committee or the board or court or state government, then the person in-charge of the management of the institution shall be liable for punishment with imprisonment for a term not less than three years and shall also be liable to fine which may extend to one lakh rupeesclause 84—this clause provides that any non-state, self-styled militant group or outfit recognised by the government, if recruits or uses any child for any purpose, shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees or both this clause also states that any adult or an adult group who uses children for illegal activities either individually or as a gang shall be liable for rigorous imprisonment for a term which may extend to seven years and shall also be liable to fine of five lakh rupees or bothclause 85—this clause provides that for the purposes of this act, the provisions of clauses 359 to 369 of the indian penal code, shall mutatis mutandis apply to a child or a minor who is under the age of eighteen years and all the provisions shall be construed accordinglyclause 86—this clause provides that whoever commits any of the offences referred in chapter ix on any child who is disabled as so certified by a medical practitioner, then, such person shall be liable to twice the penalty provided for such offence the explanation under this clause states that the term 'disability' shall have the same meaning as assigned to it under clause (i) of section 2 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995clause 87—this clause provides that where an offence under this act is punishable with imprisonment for a term more than seven years, then, such offence shall be cognizable, non-bailable and triable by a children's court also, where is an offence under this act is punishable with imprisonment for a term of three years and above, but not more than seven years, then, such offence shall be cognizable, non-bailable and triable by a magistrate of the first class lastly, where an offence, under this act, is punishable with imprisonment for less than three years or with fine only, then, such offence shall be non-cognizable, bailable and triable by any magistrateclause 88—this clause provides that whosoever abets any offence under this act, if the act abetted is committed in consequence of the abetment, shall, be punished with the punishment provided for that offence the explanation under this clause states that an act or offence is said to be committed in consequence of abetment, when it is committed in consequence of the instigation, or in pursuance of the conspiracy or with the aid, with constitutes the abetmentclause 89—this clause provides that where an act or omission constitutes an offence punishable under this act and also under any other law for the time being in force, then, notwithstanding anything contained in any such law, the offender found guilty of such offence shall be liable for punishment under such law which provides for punishment which is greater in degreeclause 90—this clause provides that any child who commits any offence under in this chapter shall be considered as a child in conflict with law under this actclause 91—this clause provides that the committee or the board, before which a child is brought under any of the provisions of this act, may, whenever it so thinks fit, require any parent or guardian having the actual charge of the child to be present at any proceeding in respect of that childclause 92—this clause provides that if, at any stage during the course of an inquiry, the committee or the board is satisfied that the attendance of the child is not essential for the purpose of inquiry, then the committee or the board, shall dispense with the attendance of a child and limit the same for the purpose of recording the statement subsequently, the inquiry shall continue even in the absence of the child concerned, unless ordered otherwise by the committee or the boardfurther, where the attendance of a child is required before the board or the committee, such child shall be entitled to travel reimbursement for self and one escort accompanying the child as per actual expenditure incurred, by the board, or the committee or the district child protection unitclause 93—this clause provides that when a child, who has been brought before the committee or the board, is found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment, the committee or the board, may send the child to any place recognised as a fit facility as prescribed under the rules for a period as it may think necessary for the required treatmentclause 94—this clause provides that where it appears to the committee or the board that any child kept in a special home or an observation home or a children's home or a shelter home or in an institution in pursuance of this act, is a mentally ill person or addicted to alcohol or other drugs which lead to behavioural changes in a person, then the committee or the board , may order removal of such child to a psychiatric hospital or psychiatric nursing home in accordance with the provisions of the mental health act, 1987 or the rules made thereunderthe clause also provides that in case the child had been removed to a psychiatric hospital or psychiatric nursing home under sub-clause (1), the committee or the board may, on the basis of the advice given in the certificate of discharge of the psychiatric hospital or psychiatric nursing home, order to remove the child to an integrated rehabilitation centre for addicts or similar centres maintained by the state government for mentally ill persons (including the persons addicted to any narcotic drug or psychotropic substance) such removal of the child shall be only for the period required for the inpatient treatment of the childexplanation under this clause states that:(a) "integrated rehabilitation centre for addicts" shall have the meaning assigned to it under the scheme called "central sector scheme of assistance for prevention of alcoholism and substance (drugs) abuse and for social defence services" framed by the central government in the ministry of social justice and empowerment or any other corresponding scheme for the time being in force;(b) "mentally ill person" shall have the meaning assigned to it in clause (l) of section 2 of the mental health act, 1987;(c) "psychiatric hospital" or "psychiatric nursing home" shall have the meaning assigned to it in clause (q) of section 2 of the mental health act, 1987 clause 95—this clause provides that where, it is obvious to the committee or the board, based on the appearance of the person brought before it under any of the provisions of this act (other than for the purpose of giving evidence) that the said person is a child, then the committee or the board shall record its observation stating the age of the child as nearly as may be and proceed with the inquiry under clause 14 or cluase 36, without waiting for further confirmation of the agefurther, in case, the committee or the board has reasonable grounds for doubt regarding whether the person brought before it is a child or not, the committee or the board, shall undertake the process of age determination, by seeking evidence by obtaining —(i) the date of birth certificate from the school, or the matriculation or equivalent certificate from an examination board, if available; and in the absence thereof;(ii) the birth certificate given by a corporation or a municipal authority or a panchayat;(iii) and only in the absence of (i) and (ii) above, age shall be determined by an ossification test or any other latest medical age determination test conducted on the orders of the committee or the board it is further clarified that such age determination test conducted on the order of the committee or the board shall be completed within fifteen days of first production of the personadditionally, the age recorded by the committee or the board to be the age of person so brought before it, shall for the purpose of this act, be deemed to be the true age of that personclause 96—this clause provides that if during the inquiry it is found that a child hails from a place outside the jurisdiction of the board or committee then the board or committee if satisfied after due inquiry that it is in the best interest of the child and also after due consultation with the committee or the board of the child's home district, order the transfer of the child, as soon as possible, to the said committee or the board, along with relevant documents and following such procedure as may be prescribed under the rules it is also clarified that such transfer can be made in case of a child in conflict with law, only after the inquiry has been completed and final order passed by the board it is further clarified that in case of inter-state transfer, the child shall be, if convenient, handed over to the committee or the board, as the case may be, of the home district of the child, or to the committee or the board in the capital city of the home stateonce the decision to transfer is finalised, the committee or board, shall give an escort order to the special juvenile police unit to escort the child, within fifteen days of receiving such order it is clarified that a girl child shall be accompanied by a woman officer and further where a special juvenile police unit is not available, the committee or board, shall direct the institution where the child is temporarily staying or district child protection unit, to provide an escort to accompany the child during travelit also states in the clause that the state government shall make rules to provide for travelling allowance to the escorting staff for the child, which shall be paid in advance and the committee or the board, on receiving the transferred child will process for restoration or rehabilitation or social reintegration, as laid down under this actclause 97—this clause provide that the state government may at any time, on the recommendation of a committee or board, despite anything contained in this act, and keeping the best interest of the child in mind, shall order the child's transfer from any children's home or special home or fit facility or fit person, to a home or facility, within the state with prior intimation to the concerned committee or the board it is clarified that for transfer of a child between similar home or facility or person within the same district, the committee or board, of the said district shall be competent to issue such an orderif transfer is being ordered by a state government to an institution outside the state, this shall be done only in consultation with the concerned state government further, the total period of stay of the child in a children's home or a special home shall not be increased by such transfer additionally, orders passed under sub-clause (1) and (2) shall be deemed to be operative for the committee or the board, as the case may be, of the area to which the child is sentclause 98—this clause provides that when a child is kept in a children's home or special home and on a report of a probation officer or social worker or of government or a voluntary or non-governmental organisation, the committee or the board may consider, the release of such child, either absolutely or on such conditions as it may think fit to impose, permitting the child to live with parents or guardian or under the supervision of any authorised person named in the order, willing to receive and take charge, educate and train the child, for some useful trade or calling or to look after the child for rehabilitation it is also clarified that if a child who has been released conditionally under this cluase, or the person under whose supervision the child has been placed, fails to fulfil such conditions, the board or committee may, if necessary, cause the child to be taken charge of and to be placed back in the concerned homethis clause also states that if the child has been released on a temporary basis, the time during which the child is not in the concerned home in pursuance of such permission granted under sub-clause (1) shall be deemed to be part of the time for which the child is liable to be kept in the children or special home it is also clarified that in case of a child in conflict with law fails to fulfil the conditions set by the board as mentioned in sub-clause (1), the time for which he is still liable to be kept in the institution shall be extended by the board for a period equivalent to the time which lapses due to such failureclause 99—this clause provides that the committee or the board, may permit leave of absence to any child, to allow him, on special occasions like examination, marriage of relatives, death of kith or kin or accident or serious illness of parent or any emergency of like nature, under supervision the period shall generally not exceed seven days in one instance, excluding the time taken in journeythe clause further provides that the time during which a child is absent from an institution where he is placed, in pursuance of such permission granted under this clause, shall be deemed to be part of the time for which he is liable to be kept in the children's home or special home if a child refuses, or has failed to return to the children's home or special home, as the case may be, on the leave period being exhausted or permission being revoked or forfeited, the board or committee may, if necessary, cause him to be taken charge of and to be taken back to the concerned home it is clarified that when a child in conflict with law has failed to return to the special home on the leave period being exhausted or on permission being revoked or forfeited, the time for which he is still liable to be kept in the institution shall be extended by the board for a period equivalent to the time which lapses due to such failureclause 100—this clause provides that all reports related to the child and considered by the committee or the board shall be treated as confidential additionally, the committee or the board, may if it so thinks fit, communicate the substance thereof to another committee or board or to the child or to the child's parent or guardian, and may give such committee or the board or the child or parent or guardian, an opportunity of producing evidence as may be relevant to the matter stated in the report the clause also provides that despite anything contained in this act, the victim shall not denied access to their case record, orders and relevant papersclause101—this clause provides that no suit, prosecution or other legal proceeding shall lie against the central government, or the state government or any person acting under the directions of the central government or state government, in respect of anything which is done in good faith or intended to be done in pursuance of this act or of any rules or guidelines made thereunderclause 102—this clause provides that subject to the provisions of this act, any person aggrieved by an order made by the committee or the board under this act may, within thirty days from the date of such order, prefer an appeal to the court of session, except for decisions by the committee related to foster care and sponsorship after care for which the appeal shall lie with the district magistrate it is clarified that the court of sessions, or the district magistrate, may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time and such appeal shall be decided within a period of thirty daysno appeal shall lie from,—(a) any order of acquittal made by the board in respect of a child alleged to havecommitted an offence; or(b) any order made by a committee in respect of finding that a person is not achild in need of care and protectionfurther, no second appeal shall lie from any order of the court of session, passed in appeal under this clause and any person aggrieved by an order of the children's court may file an appeal before the high court in accordance with the procedure specified in the code of criminal procedure, 1973clause 103—this clause provides that the high court may, at any time, either of its own motion or on an application received in this behalf, call for the record of any proceeding in which any committee or board or children's court, or court has passed an order, for the purpose of satisfying itself as to the legality or propriety of any such order and may pass such order in relation thereto as it thinks fit it is clarified that the high court shall not pass an order under this section prejudicial to any person without giving him a reasonable opportunity of being heardclause104—this clause provides that save as otherwise expressly provided by this act, a committee or a board while holding any inquiry under any of the provisions of this act, shall follow such procedure as may be prescribed and subject thereto, shall follow, as far as may be, the procedure laid down in the code of criminal procedure, 1973 for trials in summons cases further it also states that save as otherwise expressly provided by or under this act, the procedure to be followed in hearing appeals or revision proceedings under this act shall be, as far as practicable, in accordance with the provisions of the code of criminal procedure, 1973clause 105—this clause provides that without prejudice to the provisions for appeal and revision under this act, the committee or the board may, on an application received in this behalf, amend any orders passed by itself, as to the institution to which a child is to be sent or as to the person under whose care or supervision a child is to be placed under this act ikt is clarified that during the course of hearing for amending any such orders, there shall be at least two members of the board out which one shall be the principal magistrate and at least three members of the committee out of which one shall be the chairperson and all persons concerned, or their authorized representatives, whose views shall be heard by the committee or the board before the said orders are amendedit is also added that clerical mistakes in orders passed by the committee or the board or errors arising therein from any accidental slip or omission may, at any time, be corrected by the committee or the board, either on its own motion or on an application received in this behalfclause 106—this clause provides that the state government may create a fund under such name as it thinks fit for the welfare and rehabilitation of the children dealt with under this act there shall be credited to the fund such voluntary donations, contributions or subscriptions as may be made by any individual or organisation the clause also states that the fund created under sub-clause (1) shall be administered by the department of the state government implementing this act in such manner and for such purposes as may be prescribedclause 107—this clause provides that every state government shall constitute a child protection society for the state and child protection units for every district, consisting of officers and employees as may be appointed by that government, to take up matters relating to children with a view to ensure the implementation of this act the state government shall also provide for the establishment and maintenance of institutions under this act, notification of competent authorities in relation to the children and their rehabilitation and co-ordination with various official and non-official agencies concerned and to discharge such other functions as may be prescribed under the rulesclause 108—this clause provides that in every police station, at least one officer, not below the rank of assistant sub-inspector, with aptitude, appropriate training and orientation may be designated as the 'child welfare police officer' to exclusively deal with children either as victims or perpetrators, in co-ordination with the police, voluntary and non-governmental organisationsit further states that to co-ordinate all functions of police related to children, the state government shall constitute special juvenile police units in each district and city, headed by a police officer not below the rank of a deputy superintendent of police or above and consisting of all police officers designated under sub-clause (1) and two social workers having experience of working in the field of child welfare, of whom one shall be a woman all police officers of the special juvenile police units shall be provided special training, especially at induction as child welfare police officer, to enable them to perform their functions more effectivelyit is clarified that special juvenile police unit also includes railway police dealing with childrenclause 109—this clause provides that the state government shall, by notification in the official gazette, make rules to carry out the purposes of this act it is clarified that the central government may, frame model rules in respect of all or any of the matters with respect to which the state government is required to make rules and where any such model rules have been framed in respect of any such matter, they shall apply to the state mutatis mutandis until the rules in respect of that matter are made by the state government and while making any such rules, they conform to such model rulesthe clause further states that 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 :—(i) manner of inquiry in case of a missing or run away child or whose parents cannot be found under sub-clause (vii) of clause (14) of section 2;(ii) responsibilities of the child welfare officer attached to a children's homeunder clause (18) of section 2;(iii) qualifications of the members of the board under sub-section (2) ofsection 4;(iv) induction training and sensitisation of all members of the board undersub-section (6) of section 4;(v) term of office of the members of the board and the manner in which such member may resign under sub-section (6) of section 4;(vi) time of the meetings of the board and the rules of procedure in regard to the transaction of business at its meeting under sub-section (1) of section 8;(vii) qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 9;(viii) any other function of the board under clause (n) of sub-section (3) of section 9;(ix) persons through whom any child alleged to be in conflict with law may be produced before the board and the manner in which such a child may be sent to an observation home or place of safety under sub-section (2) of section 11;(x) manner in which a person apprehended and not released on bail by the officer-in-charge of the police station may be kept in an observation home until such person is brought before a board under sub-section (2) of section 13;(xi) format for information on pendency in the board to the chief judicial magistrate or the chief metropolitan magistrate and district magistrate on quarterly bases under sub-section (3) of section 17;(xii) monitoring procedures and list of monitoring authorities under sub-section(2) of section 21;(xiii) manner in which the relevant records of the child may be destroyed by the board, police or the court under sub-section (2) of section 25;(xiv) qualifications of the members of the child welfare committee under subsection (5) of section 28;(xv) rules and procedures with regard to transaction of business at the meetings of the child welfare committee under sub-section (1) of section 29;(xvi) process of restoration of abandoned or lost children to their families under clause (x) of section 31;(xvii) manner of submitting the report to the committee and the manner of sending and entrusting the child to children's home or shelter home or fit facility or fit person under sub-section (2) of section 32;(xviii) manner of holding an inquiry by the child welfare committee under sub-section (1) of section 37;(xix) manner in which a child may be sent to a specialised adoption agency if the child is below six years of age, children's home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child including manner in which situation of the child placed in a children's home or with a fit facility or person or foster family, may be reviewed by the committee under sub-section (3) of section 37;(xx) manner in which a quarterly report may be submitted by the committee to the district magistrate for review of pendency of cases under sub-section (4) of section 37;(xxi) any other order related to any other function of the committee under clause (iii) of sub-section (2) of section 38;(xxii) information to be given every month by the committee to state agency and authority regarding number of children declared legally free for adoption and number of cases pending under sub-section (5) of section 39;(xxiii) manner in which all institutions under this act shall be registered under sub-section (1) of section 42;(xxiv) procedure for cancelling or withholding registration of an institution that fails to provide rehabilitation and reintegration services under sub-section (7) of section 42;(xxv) manner in which information shall be send every month by the open shelter to the district child protection unit to the committee under sub-section (3) of section 44;(xxvi) procedure for placing children in foster care including group foster care under sub-section (1) of section 45;(xxvii) procedure for inspection of children in foster care under sub-section (4)of section 45;(xxviii) manner in which foster family shall provide education, health and nutrition to the child under sub-section (6) of section 45;(xxix) procedure and criteria in which foster care services shall be provided to children under sub-section (7) of section 45;(xxx) format for inspection of foster families by the committee to check the well being of children under sub-section (8) of section 45;(xxxi) purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship under sub-section (1) of section 46;(xxxii) duration of sponsorship under sub-section (3) of section 46; (xxxiii) manner of providing one time financial support to any child leaving institutional care on completing eighteen years of age under section 47;(xxxiv) management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn under sub-section (3) of section 48;(xxxv) management and monitoring of special homes including the standards and various types of services to be provided to them under sub-section (2) and sub-section (3) of section 49;(xxxvi) monitoring and management of children's homes including the standards and the nature of services to be provided by them, based on individual care plans for each child under sub-section (3) of section 51;(xxxvii) manner in which a board or the committee shall recognise, a facility being run by a governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force, fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child under sub-section (1) of section 52;(xxxviii) procedure of verification of credentials, for recognising any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period by the board or the committee under sub-section (1) of section 53;(xxxix) manner in which services shall be provided by an institution under this act for rehabilitation and reintegration of children and standards for basic requirements such as food, shelter, clothing and medical attention under sub-section (1) of section 54;(xl) manner in which management committee shall be set up by each institution for management of the institution and monitoring of the progress of every child under sub-section (2) of section 54;(xli) activities that may be taken up by children's committees under sub-section(3) of section 54;(xlii) appointment of inspection committees for all institutions registered or recognised fit, for the state and district under sub-section (1) of section 55;(xliii) manner in which central government or state government may independently evaluate the functioning of the board, committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, including the period and through persons or institutions under sub-section (1) of section 56;(xliv) manner in which institutions shall furnish details of children declared legally free for adoption to the specialised adoption agency under sub-section (2) of section 67;(xlv) any other function of the authority under clause (e) of section 69; (xlvi) criteria for the selection or nomination of the members of the steering committee of the authority and their tenure as well as the terms and conditions of their appointment under sub-section (2) of section 70;(xlvii) manner in which steering committee of the authority shall meet under sub-section (4) of section 70;(xlviii) manner in which the authority shall submit an annual report to the central government under sub-section (1) of section 72;(xlix) functions of the authority under sub-section (2) of section 73; (l) manner in which the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 74;(li) period that the committee or board may think necessary for the treatment of children who are found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment to a fit facility under section 93;(lii) procedure for transfer of child under sub-section (1) section 96; (liii) provision for travelling allowance to the escorting staff for the child under sub-section (3) of section 96;(liv) procedure to be followed by the committee or a board while holding any inquiry, appeal or revision under sub-section (1) of section 104;(lv) manner in which juvenile justice fund shall be administered under subsection (3) of section 106;(lvi) functioning of the child protection society for the state and child protection units for every district under section 107;(lvii) any other matter which is required to be or may be, prescribedthis clause further states that every rule and regulation made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule 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 regulationthis clause also provides that every rule made by the state government made under this clause shall be laid, as soon as may be after it is made, before the state legislatureclause 110—this clause states that of the juvenile justice (care and protection of children) act, 2000 is hereby repealed it also states that despite such repeal, anything done or any action taken under the said acts shall be deemed to have been done or taken under the corresponding provisions of this actclause 111—this clause provides that if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, not inconsistent with the provisions of this act, remove the difficulty it further clarifies that no such order shall be made after the expiry of the period of two years from the commencement of this act however, order made under this section shall be laid, as soon as may be after it is made, before each house of parliament memorandum regrading delegated legislationssub-clause (1) of clause 110 of the bill provides that the state government shall make rules to carry out the purposes of this act it also provides that the central government may frame model rules, which shall apply to the state mutatis mutandis until the rules in that matter are made by the state government2 sub-clause (2) provides making rules for all or any of the following matter, namely:—(i) manner of inquiry in case of a missing or run away child or whose parents cannot be found under sub-clause (vii) of clause (14) of section 2;(ii) responsibilities of the child welfare officer attached to a children's home under clause (18) of section 2;(iii) qualifications of the members of the board under sub-section (2) of section 4;(iv) induction training and sensitisation of all members of the board under sub-section (6) of section 4;(v) term of office of the members of the board and the manner in which such member may resign under sub-section (6) of section 4;(vi) time of the meetings of the board and the rules of procedure in regard to the transaction of business at its meeting under sub-section (1) of section 8;(vii) qualifications, experience and payment of fees of an interpreter or translator under clause (d) of sub-section (3) of section 9;(viii) any other function of the board under clause (n) of sub-section (3) of section 9;(ix) persons through whom any child alleged to be in conflict with law may be produced before the board and the manner in which such a child may be sent to an observation home or place of safety under sub-section (2) of section 11;(x) manner in which a person apprehended and not released on bail by the officer-in-charge of the police station may be kept in an observation home until such person is brought before a board under sub-section (2) of section 13;(xi) format for information on pendency in the board to the chief judicial magistrate or the chief metropolitan magistrate and district magistrate on quarterly bases under sub-section (3) of section 17;(xii) monitoring procedures and list of monitoring authorities under sub-section(2) of section 21;(xiii) manner in which the relevant records of the child may be destroyed by the board, police or the court under sub-section (2) of section 25;(xiv) qualifications of the members of the child welfare committee under sub-section (5) of section 28;(xv) rules and procedures with regard to transaction of business at the meetings of the child welfare committee under sub-section (1) of section 29;(xvi) process of restoration of abandoned or lost children to their families under clause (x) of section 31;(xvii) manner of submitting the report to the committee and the manner of sending and entrusting the child to children's home or shelter home or fit facility or fit person under sub-section (2) of section 32;(xviii) manner of holding an inquiry by the child welfare committee under subsection (1) of section 37;(xix) manner in which a child may be sent to a specialised adoption agency if the child is below six years of age, children's home or to a fit facility or person or foster family, till suitable means of rehabilitation are found for the child including manner in which situation of the child placed in a children's home or with a fit facility or person or foster family, may be reviewed by the committee under sub-section (3) of section 37;(xx) manner in which a quarterly report may be submitted by the committee to the district magistrate for review of pendency of cases under sub-section (4) of section 37;(xxi) any other order related to any other function of the committee under clause (iii) of sub-section (2) of section 38;(xxii) information to be given every month by the committee to state agency and authority regarding number of children declared legally free for adoption and number of cases pending under sub-section (5) of section 39;(xxiii) manner in which all institutions under this act shall be registered under sub-section (1) of section 42;(xxiv) procedure for cancelling or withholding registration of an institution that fails to provide rehabilitation and reintegration services under sub-section (7) of section 42;(xxv) manner in which information shall be send every month by the open shelter to the district child protection unit to the committee under sub-section (3) of section 44;(xxvi) procedure for placing children in foster care including group foster care under sub-section (1) of section 45;(xxvii) procedure for inspection of children in foster care under sub-section (4)of section 45;(xxviii) manner in which foster family shall provide education, health and nutrition to the child under sub-section (6) of section 45;(xxix) procedure and criteria in which foster care services shall be provided to children under sub-section (7) of section 45;(xxx) format for inspection of foster families by the committee to check the well being of children under sub-section (8) of section 45;(xxxi) purpose of undertaking various programmes of sponsorship of children, such as individual to individual sponsorship, group sponsorship or community sponsorship under sub-section (1) of section 46;(xxxii) duration of sponsorship under sub-section (3) of section 46; (xxxiii) manner of providing one time financial support to any child leaving institutional care on completing eighteen years of age under section 47;(xxxiv) management and monitoring of observation homes, including the standards and various types of services to be provided by them for rehabilitation and social integration of a child alleged to be in conflict with law and the circumstances under which, and the manner in which, the registration of an observation home may be granted or withdrawn under sub-section (3) of section 48;(xxxv) management and monitoring of special homes including the standards and various types of services to be provided to them under sub-section (2) and sub-section (3) of section 49;(xxxvi) monitoring and management of children's homes including the standards and the nature of services to be provided by them, based on individual care plans for each child under sub-section (3) of section 51;(xxxvii) manner in which a board or the committee shall recognise, a facility being run by a governmental organisation or a voluntary or non-governmental organisation registered under any law for the time being in force, fit to temporarily take the responsibility of a child for a specific purpose after due inquiry regarding the suitability of the facility and the organisation to take care of the child under sub-section (1) of section 52;(xxxviii) procedure of verification of credentials, for recognising any person fit to temporarily receive a child for care, protection and treatment of such child for a specified period by the board or the committee under sub-section (1) of section 53;(xxxix) manner in which services shall be provided by an institution under this act for rehabilitation and reintegration of children and standards for basic requirements such as food, shelter, clothing and medical attention under sub-section (1) of section 54;(xl) manner in which management committee shall be set up by each institution for management of the institution and monitoring of the progress of every child under sub-section (2) of section 54;(xli) activities that may be taken up by children's committees under sub-section(3) of section 54;(xlii) appointment of inspection committees for all institutions registered or recognised fit, for the state and district under sub-section (1) of section 55;(xliii) manner in which central government or state government may independently evaluate the functioning of the board, committee, special juvenile police units, registered institutions, or recognised fit facilities and persons, including the period and through persons or institutions under sub-section (1) of section 56;(xliv) manner in which institutions shall furnish details of children declared legally free for adoption to the specialised adoption agency under sub-section (2) of section 67;(xlv) any other function of the authority under clause (e) of section 69; (xlvi) criteria for the selection or nomination of the members of the steering committee of the authority and their tenure as well as the terms and conditions of their appointment under sub-section (2) of section 70;(xlvii) manner in which steering committee of the authority shall meet under sub-section (4) of section 70;(xlviii) manner in which the authority shall submit an annual report to the central government under sub-section (1) of section 72;(xlix) functions of the authority under sub-section (2) of section 73; (l) manner in which the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts under sub-section (1) of section 74;(li) period that the committee or board may think necessary for the treatment of children who are found to be suffering from a disease requiring prolonged medical treatment or physical or mental complaint that will respond to treatment to a fit facility under section 93;(lii) procedure for transfer of child under sub-section (1) section 96; (liii) provision for travelling allowance to the escorting staff for the child under sub-section (3) of section 96;(liv) procedure to be followed by the committee or a board while holding any inquiry, appeal or revision under sub-section (1) of section 104;(lv) manner in which juvenile justice fund shall be administered under subsection (3) of section 106;(lvi) functioning of the child protection society for the state and child protection units for every district under section 107;(lvii) any other matter which is required to be or may be, prescribedsub-clause (3) of clause 110 provides that every rule and regulation made under this clause shall be laid, as soon as may be after it is made, before each house of parliamentsub-clause (4) of clause 110 provides that every rule made by the state government made under this clause shall be laid, as soon as may be after it is made, before the state legislative3 the matters in respect which the central government may make rules are matter of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislation power is, therefore, of a normal character———— a billto consolidate and amend the law relating to children alleged and found to be in conflictwith law and children in need of care and protection by catering to their basic needs through proper care, protection, development, treatment, social re-integration, by adopting a child-friendly approach in the adjudication and disposal of matters in the best interest of children and for their rehabilitation through processes provided, and institutions and bodies established, hereinunder and for matters connected therewith or incidental thereto————(smt maneka sanjay gandhi, minister of women and child development)gmgipmrnd—2128ls(s3)—08082014

Parliament_bills

94c01767-9e0f-56e9-a871-ccf896bcb0d8

blli no 181 , lho the taxation laws (amendment) bill, 1990 a billfurther to amend the finance act, 1990 and the lncome-taz act, 1981 be it enacted by parliament in the forty-first year of the republic of india as follows:-1 this act may be called the taxation laws (amendment) act, short title 1990 5 ~ in section 2 of the finance act, 1990 (hereinafter referred to as amend· the principal act) ,-_ • : ft mntot aeetion 2 (a) in sub-section (5) ,-(i) for the words "eight per cent", wherever they occur, the words "twelve per cent" shall be substituted; 10 (ii) the following· proviso shall be inserted and shall be deemed to have been inserted with eft'ect from the 15th day of october, 1990, namely:-is 'provided that in the case of a contractor, being a domestic company, the provisions of this sub·section shall have e1fect, as if for the words "eight per cent:', the words "fifteen per cent" had been substituted'j (b) in subo-section (6) ,-(i) for the words "eight per cent", wherever they o~ur, the words "twelve per cent" shall be substituted; (ii) the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 15th day of 5 october, 1990, namely:-'provided that in the case of a buyer, being a domestic company, the provisions of this sub-section shall have effect, as if for the words "eight per cent", the words "fifteen per cent" had been substituted'; (c) in sub-section (7), in the second proviso, for the words "eight per cent", the words "fifteen per cent:' shall be substituted and shall be deemed to have been substituted with effect from the 15th day of october, 1990; (d) in sub-section (8), in the proviso, for the words "eight per 15 cent" the words "twelve per cent" shall be substituted 3 in the first schedule to the principal act,-amend ir!entof first schedule (a) in part ii, under the heading "surcharge on income-tax" and the entries relating thereto, as they existed immediately before their amendment by the finance (second amendment) ordinance 1990, 20 ord 8 of the following proviso shall be inserted, namely: -1990 "provided that the income-tax deducted in accordance with the provisions of-(i) sub-item (a) of item 1 of this part shall be increased by a surcharge for purposes of the union calculated at the 25 rate of twelve per cent of such income-tax on and from the date the taxation laws (amendment) act, 1990 receives assent of the president; (ii) sub-item (a) of item 2 of this part shall be increased by a surcharge calculated at the rate of fifteen per cent of 30 such income-tax with effect from the 15th day of october, 1990'" i '; -~ , : '~ ~ (b) in part fli-(i) in paragraph a,-(1) in sub-paragraph i under the heading "s'urcharge 35 on income-tar' for the words "eight per cent", the words "twelve per cent" shall be substituted; (2) in sub-paragraph ii, under the heading "surcharge on income-tax" for the words "eight per cent"; the words "twelve per cent" shall be substituted; 40 (ii) in paragraph b, under the heading "suflcharge on in come-ta:r" for the words "eight per cent", the words "twelve per cent" _hall be subltttuted; to 'hie taxation laws (al-1endment) bill, 1990 (to be/as introduced in 10k sabha)1 page 1 , against line 5, inser t the mar"'inal c1 tati:jn,-"12 of 1990" 2 page 2, line 27,-§fter "receive s" idsert "the" 3 page 3,in the marginal he ading to clause 5,-for "anendij:janet" ~ "amend l'isnt " 4 page 7, line 7,-omi t "21 ii 5 page 7, line 15,-for "de due tion" ~ "collec t1on" t, page 7, line 1';,-!:2r "e ase" ~ lie ase s " 7 page (), line 3 from bottom,-for "sub-tern" £!u¥! "sub-1 tem" 8 page 11, line 7 from bottom,-u r "inelu(~ed" 1:~ liincludes" 9 page 12, line 22,-fo£ ''eighty per cent" read '~ight per cent" 1 o page 13, line 10,-for "purpose" £~ad "purpose s" new delhi; ,p:!cember 24 1 0 90 ,fausa 3, 1912 (saka) (iii), in paragraph c,-(1) in, sub-paragraph i, under the heading "surcharge on ,income-tax", for the words "eight per cent", the words "twelve per cent" shall be substituted; 5 (2) in sub-paragraph ii, under the heading "surcharge on income-tax", for the words "eight per cent", the words "twelve per cent"' shall be substituted; 10 (iv) in paragraph d, under the heading "surcharge on income-ta;r", for the words "eight per cent" the words "twelve per cent" shell be substituted; (v) in paragraph e, under the heading "surcharge on income-tax", for the words "eight per cent", the words "fifteen per cent'· shall be substituted and shall be deemed to have been substituted with effect from the 15th day of october 1990 ~3 of 1961 ] 5 4 in sect:on 32 of the income-tax act 1961 (hereinafter referred to amend as the income-tax act) in sub-section (1), in clause (ii), after the second ment at proviso and before explanation i, the following proviso shan be inserted section 32 namely:-20 25 "provided also that the deduction in the case of any block of assets under this clause in respect of the previous year relevant to the assessment year commencing on the 1st day of april, 1991 shall be restricted to seventy-five per cent of the amount calculated at the percentage on the written dtwn value of such assets, prescribed under this act immediately 'before the commencement of the taxation laws (amendment) act, 1990" 5 in section 234c of the income-tax act in sub-section (1), after amend the first proviso and before the explanatwn, the following proviso shall menet of be inserted, namely: -section 234<: 30 "provided further that nothing contained in this sub-section shall apply to any shortfall in the payment of the tax due on the returned income where such shortfall is on account of-(a) restricting the amount of deduction under the third' proviso to clause (ii)·· of, sub-section (1) of section 32; 12 of 1990, 35 (b) increase in the rate of surcharge under section 2 of the finance act 1990 as amended by the taxation laws (amendment) act, 1990 and the assessee ha!l paid the amount of shortfall-(i) where it is a domestic company and-(1) the case falls under clause (a), as part of the instalment of advance tax which is immediately due: 4'0 (2) the case 'falls under clause (b), on or before the 15th day of noverrher 1990 in respect of the instalment of ad~ vance tax due on the 15t,lot day of september 1990j (ii) where it is not a domestic company and-(1) the case falls under clause (a), as part of the intalment of advance tax which is immediately due; (2) the case falls under clause (b), as part of the instalment of advance tax due on or before the imh day of march, 5 1991 6 notwithstanding anything contained in the income-tax aet,-payment of surcharge (a) the surcharge payable under section 2 of, and part til or the first schedule to, the principal act, as amended by this act,-(i) in the case of an assessee being a domestic company, shall, in respect of the instalment of "advance tax" paid or pay- 10 able on or before the 15th day of september, 1990, be payable on or before the 15'th day of november, 1990; (ii) in the case of an assessee not being a domestic company, shall, in respect of the instalment of "advance tax" paid or payable on or be'fore the 15th day of september, 1990 and the 15th is day of december, 1990, be payable on or before the 15th day of march, 1991; (iii) in any case in which income-tax has to be calculated under the first proviso to sub-section (5) of section 132 of the __ income-tax act or charged under sub-section (4) of section 172 20 or sub-section (2) of section 174 ot' section 175 or sub-:section (2) of secti-on 176 of the saw act shall be payable only where such income-tax is so calculated or charged-(1) in respect of a domestic company, after the 15th day of october, 1990; 25 (2) in respect of any other assessee, after the date on which this act receives the assent of the president, (b) in the case of surcharge deductible under section 2 of, and part iii of the first schedule to the principal act, as amended by this act, the person responsible for making the payment referred 30 to in sub-::ection (1) or sub-section (2) or sub-section (2a) or subsection (2b) of section 192 of the income-tax act shall at the time of making such payment after the date on which this act receives the assent of the president adjust any deficiency arising out of any previous deduction resulting on account of the mcreale in the rate 3s of surcharge '1 (1) the finance (second amendment) ordinance, 1990 is hereby 0rcl8 repealed of 1980 ~l and "vin, (2) notwithstanding such repeal, anything done or any action taken 40 under the principal act as amended by the said ordinance, shall be deemed to have been done or taken under the principal act, as amended by this act statement of objects and reasonsin order to mobilise additional resources to meet the financial cost of evacuating indians from the gulf and providing relief to them the government decided to increase the surcharge on income-tax payable by domestic companies since parliament was not in session a:11 it was necessary to take immediate action to rais? the said resources, the finance (second amendment) ordinance, 1900 (ord 8 of 1990) was promulgated by the president on 15th october 1990 by this ordinance, the surcharge of 8 per cent payable by domestic companieq on income exceeding rs 75,000, during the financial year 1990-91 has been increased to 1& per ;;ent ':' 'f', ~ j 2 in order to meet the stringent financial situation arising out of the gulf crisis, the government has also decided to increase the surcharge on income-tax hitherto payable by assessees, other than companies the depreciation allowable on written down value of block of assets is also proposed to be restricted to 75 per cent of the amount calculated at the percentage prescribed under the income-tax act 3 the bill seeks to replace the finance (second amendment) ordinance, 199() and to give effect to the proposals mentioned in paragraph 2 new' delhi; yashw ant sinha t17e 20th december, 1990 memorandum explaining the modifications contained in the bm to replal~e the finance (second amendment) ordinance, 1990the taxation laws (amendment) bill, 1990 which seeks to repeal and replace the finance (second amendment) ordinance, 1990, proposes to make the following modifications in the provisions contained in the said ordinance:-(i) sub-sect~on (2) of section 1 of the ordinance has been dropped as the provisions-of sub-clauses (a) (u), (b) (ii) and (c) of clause 2 and a portion of sub-clause (a) and sub-clause \b) (v) of clause 3 of the bill will come into force retrospectively from the 15th day of october, 1990 the remaining provisions of the bill will come into force from the date of assent of the president; (ii) sub-clauses (a) (i), (b) (i) and (d) c,f clause 2 and a portion of sub-clause (a) and sub-clause (b) (i) to (h·) of clause 3 seek to amend section 2' of the finance act, 1990 and part ii and paragraphs a to d of part iii of the first schedule to ~hat act so as to increase the surcharge on income-tax presently payable by assessees, other than companies the said surcharge is being increlsed from eight per cent to twelve per cent; (iii) clause 4 seeks to amend clause (ii) of sub-section (1) af section 32 of the income-tax act so as to restrict the depreciation allowable on written down value of block of assets in respect of the previous year relevant to the assessment year commencing on the 1st day of april, 1991, to seventy-five per cent of the amount calculated at the percentage prescribed in the income-tax rules, 196% immediately before the commencemen1 of this amendment; (iv) clause 5 seeks to amend sub-section (1) of section 234c of the income-tax act so as to provide that the interest speclfted !n that sub-section shall not be payahle in rei(j<:ct of any shortfall in the payment of the tax due on the returned income where such shortfall is on account of restrict:ng the amount of deduction under the third proviso to section 32 (1) (ii) or increase in the rate of surcharge under section 2 of the finance act 1990 as amended by this legislation subject to the condition that the:' payment of tax ii made by the due date; (v) clause 6 seeks to specify the date~ ifr paylnent of additional tax liability (12 of 1990) - - - chapter ii rates in' income-tax2, (1) - - 21 income - (5) in cases in which tax has to be deducted under section 194c of tax the income-tax act, the deduction shall be made at the rates specified in that section and shall be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such deduction (6) in cases in which tax has to be collected under section 206c of the income-tax act, the collection shall be made at the rate specified in that section and shall be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such deduction (7) subject to the provisions of sub-section (8), in case in which ldeome-tax has to be calculated under the first proviso to sub-section (5)\ of secti'on 132, of the income-tax act or charged under sub-section (4) of section 172 or sub-section (2) of section 174 or secdon 175 or sub-section (2) of section 176 of the said act or deducted under section 192 of the said act from income chargeable under the head "salaries" or in which tht "advance tax" payable under chapter xvii-c of the said act has to be computed at the rate or rates in force, such income-tax or, as the case may be "advance tax" shall be so calculated, charged, deducted or computed'at th~ rate or rates specified in part iii of the first schedule and such tax as reduced by the rebate of income-tax calculated under chapter viu-a shall be increased,-(a) in the cases to whicl1 paragraphs a b, c and d of that part apply, by a surcharge for purposes of the union; and (b) in the cases to which paragraph e of that part appli_, by' a surcharge, (;alculatep in each case in the manner provided therein: provided that in cases to which the provisions of chapter xii or chapter xii-a or sub-section (la) of section 161 or section 164 or section 164a or section 167b of the income-tax act apply "advance tax" shall be computed with reference to the rates imposed by this sub-sertion or the rates as specified in that chapt~ or section, as the case may be: provided further that in respect of any income chargeable to tax under section 11ab of the income-tax act, the "advance tax" computed under the first proviso shall be increased by a surcharge for purpose of 1jbe union calculated at the rate of eight per cent of such "advance tax", (8) in the cases to which sub-paragraph 1 or sub-paragraph n of paragraph a of part iii of the first schedule applies, where the a has, in the previous year or, if by virtue of any provision of the incometax act, income-tax is to be charged 1n respect of the income of a period other than the previous year, in such other period, any net agricultural income exceeding six hundred rupees, in addition to total income and the total income exceeds,-(i) in a case to which the said sub-paragraph i applies, twentytwo thousand rupees, and (ii) in a case to which the said sub-paragraph ii applies, twelve \ thgusand rupees, then, in calculating income-tax under the first proviso to sub-section (5) of section 132 of the income-tax act or in charging inco~e-tax under sub-section (2) of section 174 or section 175 or sub-section (2) of section 176 of the said act or in computing the "advance tax" payable under chapter xvii-c of the said act, at the rate or rates in force,-(a) the net agricultural income shall be taken into account, in the manner provided in clause (b) [that is to say, as if the net agricultural income were comprised in the total income after,-(i) in a case to which the said sub·paragraph i applies, the first twenty-two thousand rupees, and (ii) in a case to which the said sub-paragraph ii applies, the!) first twelve thousand rupees, of the total income but without being liable to tax] - only for the purpose of calculating, charging or computing such income-tax or as the case may be, "advance tax" in respect of the total incom~; and (b) such income-tax or, as the case may be, "advance tax" shall be so calculated, charged or computed as follows:-(i) the total income and the net agricultural income shall be aggregated and the amount of income-tax or "advance tax" shall be determined in respect of the aggregate income at the rates specified in sub-paragraph lor, as the case may be, sub-paragraph ii of the said paragraph a, as if such aureate income were the total income; (ii) the net agricultural income shall be increased,-(a) in a case to which the said sub-paragraph i applies, by a sum of twenty-two thousand rupees; and (b) in a case to which the said sub-;paragraph' n applies, by a sum of twelve thousand rupees, and the amount of income-tax or "advance tax" shan be dtar~ mined in respect of the net agricultural income as so increued at the rates specified in the said paragraph i , as the case may be, the said sub-paragraph ii as if the net agricultural income as so ii1creased were the total income; (iii)· the amount of income-tax or "advance tax" determined in accordance with sub-clause (i) shall be reduced by the amount of income-tax as the case may be, "advance tax" determined in accordance with sub-clause (ti) and the sum so arrived at shall be the income-tax or, as the case may be, "advance tax" in respect of the total income: 1'1 provided that the amount of income-tax or "advance tax" so arrived at shall in the case of every person having a total income exceeding seventy-five thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such income-tax or, as the case may be, "advance tax" and the sum so arrived at shall be the income-tax or as the case may be "advance-tax" in respect of the total income1l - - - - - the first schedule (see section 2) - - - - - part ii rates for deduction o~' tax at source in certain cases~ every case in which under the provisions of sections 193, 194 194a, 194b, 194bb, 1940 and 195 of the income-tax act, tax is to be deducted at the rates in force, deduction shall be made from the income subjeet to deduction at the following rates:----- _---__----rate of income to: - __ - __---- -------_-------__----__- 1 in the case of a person other than a company-- (a) where the person is resident in india-- - - 2 in the case of a company-- - (a) where the company is a domestic company--- - - surcharge on income-tax the amount of income-tax ded\jcted in accordance with the provisions of-(a) sub-item (a) of item 1 of this part shall be increased by a surcharge for purposes of tl:te union and (b) sub-tem (a) of item 2 of this part shall be increased by a surcharge, calculated at the rate of eight per cent of such income-tax rates 1'oit cajj,:ulatufg oil wl\rgin(l df(:om~tax 1n cu'l'aui cases ddjuct- !ng tjll'comb-tax nom incol\(1! ch~ tljfbwl 1111 ~ "salajtms" and computing "advancb ta&"in cases in which income--t&x has to be calculated wlder the first proviso to sub-sectioa (5) of section 132 of the income-tax act or charged uader sub-section (4) of section 172 or sub-section (z) of section 174 or section 175 or sub-section (2) of section 176 of the said act or deducted under section 192 ·of the said act from income chargeable under the head "salaries" or in which ·the "advance tax" payable under chapter j{vji-c ~f the said act has to be computed at the rate or rates in force, s~ch income-ta~ or as ~e case may be, "advance tax" [not being ''advance tax" in respect of any income chargeable to tax under chapter xii er chapter xi!-a or sub-section (la) of section 161 f6 seetion 184 or ieetion 1641\ or section 167b of the income-tax act at the rates as specified in that chapter or section op surcharge on such "advance tax" in respect of any income cltargeable to tax under section u5b], shall be calculated, charged, deducted or computed at the following rate or rates:- patograr-h a sub-paragraph 1in 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 section 2 of the income-tax act, not being a case to which sub-paragraph ii of this paragraph or any other paragraph of this part applies-- surcharge on income-tazthe amount of income-ta'k computed in accordance with the preceding provisions of this sub-paragraph shall,-(i\ in the case of every individual, hindu undivided family or association of persons or body of individuals referred to in sections 88 and 88a having a total jneome exceeding !'eventy-five thousand rupees, be reduced by the amount of rebate of inc-orne-tax cajculrted under chapter wi-a at'd the income-tax all so reduced, (ii) in the case of every person other than those mentioned in item (i): having a total income exceeding seventy-five thousand rupees be increased by a surehar'te for purposes of the union calculate:i at the rate of eight per cent of buch income-tax: provided that no such surcharge shall be payable by a non-residentin the case of every hindu undivided family which at any time during t~e previous year has at least one member whose total income oc the pre-'vigus yev "levant to the 'aseel8li1ent year oommencing em the hit day of april, 1991 exceeds rs 22,000,-' - - - - - surcharge on in;ome-'tcp; the amount of income-tax computed in accordance with the preceding provisions of this sub-paragraph shall, in the case of ever; person havlng a total income exceeding seventy-five thdusand rupees, be reduced by the amount of rebate' of income-tax calculated under chapter vm-a and the income-tax as so reduced be increased by a surcharge fl)r purposes of tbe union calculated at the rat~ of eight per cent of such income-tax: provided that no such sureharge shall be payable by a non-re"iden,t par4graph bin the case of every co-operative society,-- - - surcharge on income-tax - - the amount of income-tax computed in accordance with the preceding provisions of this paragraph, sh!lll, in the cue of every person having a total income exceeding seventy-five thousand rupees, be increased by a surcharge for purposes of t,he union calculated at the rate of eight per 'cent of suth income-tax' " , paraaraph c " sub-paragraph 1in the case of every reii&tered finn, not being a case to which sub-paragrapb ii of this paragraph app1ies,-- - - - - ~'u:"cmrge on if't,cofneotl11:the amount of income-tax computed in accordance with the prececl ing provisions of this sub-paragraph shall, in the case of every person having a total income exceeding seventy-ftve thousand rupees, be in-<'!'eased by a surcharge for purposes of the union calculated at the rate of eight per cent of such income-tax sub-prlragraph iiin the case of every registered firm whose total income included income derived from a profession carried on by it and the income so included is not less than fifty-one per cent of such total income,--$\bullet$$\bullet$$\bullet$$\bullet$ surchaf', on fflt'ome-tilt:the amount of income~tax computed ,in accordance with the preceding provisions of this sub-paragraph shad, in the case of every penon having a total income exceeding seventy-five thousand rupees, be increased by a surcharge for purposes of the union calculated at the rate of eight per cent of such income-tax exp14nation-for the purposes of this paragraph, "registered finn" idcludes an unregistered firm assessed as a registered firm under clause (b) of section 183 of the income-tax act ~ paragraph din the case of every local authority,-- - - - (surcharge on income-tax - the ~unt of income-tax computed at the rate hereinbefore· specifled shall, in the case of every person having a total income exceeding seventy-five thousand rupees, be increased by a surcharge for purposes of the union calculated at, the rate of eight per cent of such income-tax paragraph ein the case of a company,-- - - - ~urcharge on inc07neta:r - the amount of income-tax computed in accordance with the provisions of item i of this paragraph shan, in the case of every person having a total income exceeding seventy-five thousand rupees, be increased by a surcharge calculated at the rate of ~ighty per cent of such incotnetax i - - - - - d('plc-ciatkm extracts from tile income-tax act, 1961 (43 of 1961) - - - - - 32 (1) in respect of depreciation of buildings, machinery, plant or furni ture owned by the bssessee and used for the purposes of the business or profession, the following deductions shall subject to the provisions of section 34, be a1lowed-- - - - (ii) in the case of any block of assets, such percentage on the written down value thereof as may be prescribed: provided that where the actual cost of any machinery or plant does not exceed five thousand rupees, the actual cost thereof shall be allowed as a deduction in respect of the previous year in which such t:julchinery or plant is first put to use by the assessee for the purposes of his business or profession: provided further that no deduction shall be allowed under this clause in respect of any motor car manufactured outside india, where slowh motor car is acquired by the assessee after the 28th day of februal')\ 1975, and is ulledotherwble than in a business of running it on hire for tourists explanation i-where the business or profession of the assessee 18 carried on a building not owned by him but in respect at which the assessee holds a lease or other right of occupancy and any capital expenditure is incurred by the assessee for the purposes of the business or profession on the construction of any structure or doing of any work in or in relation t,o, and by way of renovation or exte~ion of, or improvement to, the building, then, the provisions of this clause shall apply as if the said structure or work is a building owned by the assessee interest for deferment of sdvance tax expianation 2-for the purpose of this clause "written down value of the block of assets" shall have the same meaning as in clause (c) of sub-section (6) of section 43; - - - - - 234c (1) where in any financial year, the advance tax paid by the assessee on his current income on or before the 15th day of september is less than twenty per cent of the tax due on the returned income or the amount of such advance tax paid on or before the 151th day of december is less than fifty per cent of the tax due on the returned income, then, the assessee shall be liable to pay simple interest at the rate of one and onehalf per cent per month of the shortfall from for a period of three months on the amount of the shortfall from twenty per cent or as the -ase may be, fifty per cent of the tax d!le on the returned income: provided that nothing contained in this sub-section shall apply to any shortfall in the payment of the tax due on the returned income where 8ueh shortfall is on account of under-estimate of failure to estimate- ! r ja) the, a~oun~ ?ccapital gains: ,pr" ', " (b) income of the nature referred to in sub-clause (ix) of clause (24) of section 2, and the assessee has paid the whole of the amount of tax payable in res-pect of income referred to in clause (a) or clause (b), as the case may be, had such income been a part of the total income, as part of the instalment of advance tax which is immediately due or where no such instalment is so due, by the 31st day of march of the financial year explanation-in this section, "tax due 00 the returned income" means the tax chargeable on the total income declared in the return of meome furnished by the assessee for the assessment year commencing on the 1st da of april immediately following the financial year in which the advance ~ is paid, as reduced by the amount of tax deductible or collec~ible at source in accordance with the provi!llions· of chapter xvi,i o~ any mc?me which is subject to such deduction or collection and whlch 18 taken mto account in computing such total income - - - - - bill furtber to arnen4 the j'idance act, 1990 and the income-tax act, 1181

Parliament_bills

5b0208b3-6a59-58dc-a2f7-14b4ff34c982

bill no 278 of 2016 the national authority for rehabilitation and welfare of persons living around railway tracks bill, 2016 by shri gajanan chandrakant kirtikar, mp a billto provide for establishment of an authority for rehabilitation and welfare of persons living around railway tracks and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—(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,—5(a) "around railway tracks" means the land area extending upto twenty-five meters on both sides of the railway tracks and includes land of such villages which are close to the site of railway tracks;(b) "authority" means the national authority for rehabilitation and welfare of persons living around railway tracks established under section 3; and(c) "prescribed" means prescribed by rules made under this act103 (1) the central government shall, by notification, in the official gazette, establish an authority to be known as the national authority for rehabilitation and welfare of persons living around railway tracks for carrying out the purposes of this act(2) the authority shall consist of,—(a) the union minister of railways chairperson, ex-officio;establishment of the national authority for rehabilitation and welfare of persons living around railway tracks15(b) twenty-eight members representing each of the states to be nominated by the central government in consultation with the concerned state governments;(c) twelve members representing the persons living around railway tracks for a period of not less than ten years, to be appointed by the central government in such manner as may be prescribed20(3) the headquarters of the authority shall be at new delhi (4) the authority shall establish its offices in the capital city of every state and union territory(5) the central government shall provide such number of officers and other employees to the authority, as may be necessary, for carrying out the purposes of this act25(6) the salary and allowances payable to, and other terms and conditions of service of members, officers and employees of the authority shall be such as may be prescribedfunctions of the authority 4 (1) the authority shall formulate a policy to provide for such measures, as may be necessary, for the rehabilitation and welfare of persons living around railway tracks30(2) the authority shall provide to the persons living around railway tracks such facilities, free of cost, namely:—(i) dwelling units at alternate sites, in case their land is acquired by the central government;(ii) free educational facilities to the dependent children; (iii) drinking water and sanitation facilities; and (iv) healthcare facilities35central government to provide funds5 the central government shall, after due appropriation made by parliament by lawin this behalf, provide requisite funds to the authority for carrying out the purposes of this actannual report406 the authority shall prepare once in every calendar year in such form and at suchtime as may be prescribed, an annual report giving a true and full account of its activities during the previous year and copies thereof shall be forwarded to the president of india who shall cause the same to be laid before each house of parliamentoverriding effect of the act7 notwithstanding anything inconsistent therewith contained in any other law for the time being in force, the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force5power to remove difficulties8 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order, publish in the official gazette, make such order or give such directions, not inconsistent with the provisions contained in this act, as appears to it to be necessary or expedient for the removal of such difficulty:provided that no such order shall be made after two years from the commencement ofthis act10power to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act15 20(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 reasonsseveral persons come to big cities in search of livelihood as scant opportunities exist in their native villages they are force to stay back in the big cities and most of them have to live around the railway tracks as they do not have the means to afford the expenses of living in big cities and they also have a burden on their shoulders to send some money out of their earnings to their families back home in such a scenario, they are force to live in subhuman conditions due to lack of civil amenities like latrines, they are force to defecate in the open in all types of weather, ie scorching heat or rain they do not have access to drinking water and have to travel a long distance to fetch water for daily needs moreover, they have to live in deprivation of educational facilities for their children and healthcare centres for their families since ours is a welfare state, it is the duty of the government to take care of its citizens who are not in a position to take care of themselves thus, there is a dire need to protect and rehabilitate the affected persons living around railway trackshence, this billnew delhi;gajanan chandrakant kirtikaroctober 28, 2016 financial memorandumclause 3 of the bill provides for the establishment of the national authority for the rehabilitation and welfare of persons living around railway tracks it further provides for salary and allowances payable to the members, officers and employees of the national authority clause 4 provides for certain welfare measures to the people living around railway tracks clause 5 provides for payment of funds to the authority by the central government 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 three thousand crore will be involveda non-recurring expenditure of about rupees three thousand crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to frame rules for carrying out the purposes of the bill the rules will relate to matters of detail only the delegation of legislative power is of a normal character———— a billto provide for establishment of an authority for rehabilitation and welfare of persons living around railway tracks and for matters connected therewith or incidental thereto————(shri gajanan chandrakant kirtikar, mp)gmgipmrnd—2952ls(s3)—21-11-2016

Parliament_bills

6b8391ee-6701-59a1-8756-f5302452fed2

bill no 257 of 2016 the surrogacy (regulation) bill, 2016—————— arrangement of clauses—————— chapter i preliminary clauses1short title, extent and commencement2definitions chapter ii regulation of surrogacy clinics3prohibition and regulation of surrogacy clinics chapter iii regulation of surrogacy and surrogacy procedures4regulation of surrogacy and surrogacy procedures5prohibition of conducting surrogacy6written informed consent of surrogate mother7prohibition to abandon child born through surrogacy8number of oocytes or embryos to be implanted9prohibition of abortion chapter iv registration of surrogacy clinics10registration of surrogacy clinics11certificate of registration12cancellation or suspension of registration13appeal chapter v national surrogacy board14constitution of national surrogacy board15term of office of members16meetings of board17vacancies, etc, not to invalidate proceedings of board18disqualifications for appointment as member19temporary association of persons with board for particular purposes20authentication of orders and other instruments of board21eligibility of member for re-appointment22functions of board clauses23constitution of state surrogacy board24composition of state board25term of office of members26meetings of state board27vacancies, etc, not to invalidate proceedings of state board28disqualifications for appointment as member29temporary association of persons with state board for particular purposes30authentication of orders and other instruments of state board31eligibility of member for re-appointment chapter vi appropriate authority32appointment of appropriate authority33functions of appropriate authority34powers of appropriate authority chapter vii offences and penalities35prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy36punishment for contravention of provisions of act37punishment for initiation of commercial surrogacy38penalty for contravention of provisions of act or rules for which no specific punishment is provided39presumption in case of surrogacy40offence to be cognizable, non-bailable and non-compoundable41cognizance of offences42certain provisions of the code of criminal procedure, 1973 not to apply chapter viii miscellaneous43maintenance of records44power to search and seize records, etc45protection of action taken in good faith46application of other laws not barred47power to make rules48power to make regulations49rules and regulations to be laid before parliament50transitional provision51power to remove difficulties bill no 257 of 2016 the surrogacy (regulation) bill, 2016 a billto constitute national surrogacy board, state surrogacy boards and appointment of appropriate authorities for regulation of the practice and process of surrogacy and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the surrogacy (regulation) act, 2016(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, appoint2 in this act, unless the context otherwise requires,—definitions10(a) "abandoned child" means a child—(i) born out of surrogacy procedure; (ii) deserted by his intending parents or guardians; and (iii) who has been declared as abandoned by the appropriate authorityafter due enquiry;(b) "altruistic surrogacy" means the surrogacy in which no charges, expenses, fees, remuneration or monetary incentive of whatever nature, except the medical expenses incurred on surrogate mother and the insurance coverage for the surrogate mother, are given to the surrogate mother or her dependents or her representative;5(c) "appropriate authority" means the appropriate authority appointed under section 32;(d) "board" means the national surrogacy board constituted under section 14;23 of 2010(e) "clinical establishment" shall have the same meaning as assigned to it in the clinical establishments (registration and regulation) act, 2010;10 15(f) "commercial surrogacy" means commercialisation of surrogacy services or procedures or its component services or component procedures including selling or buying of human embryo or trading in the sale or purchase of human embryo or gametes or selling or buying or trading the services of surrogate motherhood by way of giving payment, reward, benefit, fees, remuneration or monetary incentive in cash or kind, to the surrogate mother or her dependents or her representative, except the medical expenses incurred on the surrogate mother and the insurance coverage for the surrogate mother;(g) "couple" means the legally married indian man and woman above the age of21 years and 18 years respectively;20(h) "egg" includes the female gamete; (i) "embryo" means a developing or developed organism after fertilisation till the end of fifty-six days;(j) "fertilisation" means the penetration of the ovum by the spermatozoan and fusion of genetic materials resulting in the development of a zygote;25(k) "foetus" means a human organism during the period of its development beginning on the fifty-seventh day following fertilisation or creation (excluding any time in which its development has been suspended) and ending at the birth;(l) "gamete" means sperm and oocyte;3057 of 1994(m) "gynaecologist" shall have the same meaning as assigned to it in the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994;102 of 1956 35(n) "human embryologist" means a person who possesses any post-graduate medical qualification in the field of human embryology recognised under the indian medical council act, 1956 or who possesses a post-graduate degree in human embryology from a recognised university with not less than two years of clinical experience;(o) "implantation" means the attachment and subsequent penetration by the zona-free blastocyst, which starts five to seven days following fertilisation;40(p) "infertility" means the inability to conceive after five years of unprotected coitus or other proven medical condition preventing a couple from conception;(q) "insurance" means an arrangement by which a company, individual or intending couple undertake to provide a guarantee of compensation for specified loss, damage, illness or death of surrogate mother during the process of surrogacy;45(r) "intending couple" means a couple who have been medically certified to be an infertile couple and who intend to become parents through surrogacy;(s) "member" means a member of the national surrogacy board or a state surrogacy board, as the case may be;(t) "notification" means a notification published in the official gazette; (u) "oocyte" means naturally ovulating oocyte in the female genetic tract;5102 of 1956(v) "paediatrician" means a person who possess a post-graduate qualificationin paediatrics as recognised under the indian medical council act, 1956;(w) "prescribed" means prescribed by rules made under this act;102 of 195610(x) "registered medical practitioner" means a medical practitioner who possessesany recognised medical qualification as defined in clause (h) of section 2 of the indianmedical council act, 1956 and whose name has been entered in a state medical register;(y) "regulation" means regulations made by the board under this act;(z) "state board" means the state surrogacy board constituted under section 23;15(za) "state government" in relation to union territory with legislature, meansthe administrator of the union territory appointed by the president under article 239 of the constitution;20(zb) "surrogacy" means a practice whereby one woman bears and gives birth toa child for an intending couple with the intention of handing over such child to the intending couple after the birth;25(zc) "surrogacy clinic" means surrogacy clinic or centre or laboratory,conducting assisted reproductive technology services, invitro fertilisation services, genetic counselling centre, genetic laboratory, assisted reproductive technology banks conducting surrogacy procedure or any clinical establishment, by whatsoever name called conducting surrogacy procedures in any form;(zd) "surrogacy procedures" means all gynaecological or obstetrical or medicalprocedures, techniques, tests, practices or services involving handling of human gametes and human embryo in surrogacy;30(ze) "surrogate mother" means a woman bearing a child who is genecticallyrelated to the intending couple, through surrogacy from the implantation of embryo in her womb and fulfils the conditions as provided in sub-clause (b) of clause (iii) ofsection 4;(zf) "zygote" means the fertilised oocyte prior to the first cell division chapter ii 35 regulation of surrogacy clinics3 on and from the date of commencement of this act,—prohibition and regulation of surrogacy clinics(i) no surrogacy clinic, unless registered under this act, shall conduct or associate with, or help in any manner, in conducting activities relating to surrogacy and surrogacy procedures;40(ii) no surrogacy clinic, paediatrician, gynaecologist, human embryologist,registered medical practitioner or any person shall conduct, offer, undertake, promote or associate with or avail of commercial surrogacy in any form;45(iii) no surrogacy clinic shall employ or cause to be employed or take services of any person, whether on honorary basis or on payment who does not possess such qualifications as may be prescribed;(iv) no registered medical practitioner, gynaecologist, paediatrician, humanembryologist or any other person shall conduct or cause to be conducted or aid in conducting by himself or through any other person surrogacy or surrogacy procedures at a place other than a place registered under this act;5(v) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, human embryologist or any other person shall promote, publish, canvass, propagate or advertise or cause to be promoted, published, canvassed, propagated or advertised which—(a) is aimed at inducing or is likely to induce a woman to act as a surrogate mother;10(b) is aimed at promoting a surrogacy clinic for commercial surrogacy or promoting commercial surrogacy in general;(c) seeks or aimed at seeking a woman to act as a surrogate mother; (d) states or implies that a woman is willing to become a surrogate mother;or15(e) advertises commercial surrogacy in print or electronic media or in any other form;20(vi) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, human embryologist, intending couple or any other person shall conduct or cause abortion during the period of surrogacy without the written consent of the surrogate mother and on authorisation of the same by the appropriate authority concerned:34 of 1971provided that the authorisation of the appropriate authority shall be subject to, and in compliance with, the provisions of the medical termination of pregnancy act, 1971;25(vii) no surrogacy clinic, registered medical practitioner, gynaecologist, paediatrician, human embryologist, intending couple or any other person shall store a human embryo or gamete for the purpose of surrogacy:30provided that nothing contained in this clause shall affect such storage for other legal purposes like sperm banks, ivf and medical research for such period and in such manner as may be prescribed chapter iii regulation of surrogacy and surrogacy procedures4 on and from the date of commencement of this act,—35regulation of surrogacy and surrogacy procedures(i) no place including a surrogacy clinic shall be used or caused to be used by any person for conducting surrogacy or surrogacy procedures, except for the purposes specified in clause (ii) and after satisfying all the conditions specified in clause (iii);(ii) no surrogacy or surrogacy procedures shall be conducted, undertaken, performed or availed of, except for the following purposes, namely:—40(a) when either or both members of the couple is suffering from proveninfertility;(b) when it is only for altruistic surrogacy purposes; (c) when it is not for commercial purposes or for commercialisation ofsurrogacy or surrogacy procedures;45(d) when it is not for producing children for sale, prostitution or any otherform of exploitation; and(e) any other condition or disease as may be specified by regulations made by the board;(iii) no surrogacy or surrogacy procedures shall be conducted, undertaken, performed or initiated, unless the director or in-charge of the surrogacy clinic and the person qualified to do so are satisfied, for reasons to be recorded in writing, that the following conditions have been fulfilled, namely:—5(a) the intending couple is in possession of a certificate of essentialityissued by the appropriate authority, after satisfying for itself, for the reasons to be recorded in writing, about the fulfilment of the following conditions, namely:—(i) a certificate of proven infertility in favour of either or both membersof the intending couple from a district medical board10 15explanation—for the purposes of this item, the expression"district medical board" means a medical board under the chairpersonship of chief medical officer or chief civil surgeon or joint director of health services of the district and comprising of at least two other specialists, namely, the chief gynaecologist or obstetrician and chief paediatrician of the district;(ii) an order concerning the parentage and custody of the child tobe born through surrogacy, have been passed by a court of the magistrate of the first class or above, on an application made by the intending couple and surrogate mother;2041 of 1999(iii) an insurance coverage of such amount as may be prescribed infavour of the surrogate mother from an insurance company or an agent recognised by the insurance regulatory and development authority established under the insurance regulatory and development authority act, 1999;25(b) the surrogate mother is in possession of an eligibility certificate issuedby the appropriate authority on fulfilment of the following conditions, namely:—30(i) no woman, other than an ever married woman having a child ofher own and between the age of 25 to 35 years on the day of implantation, shall be a surrogate mother or help in surrogacy by donating her egg or oocyte or otherwise;(ii) no person, other than a close relative of the intending couple,shall act as a surrogate mother and be permitted to undergo surrogacy procedures as per the provisions of this act;35(iii) no women shall act as a surrogate mother or help in surrogacyin any way, by providing gametes or by carrying the pregnancy, more than once in her lifetime: provided that the number of attempts for surrogacy procedures onthe surrogate mother shall be such as may be prescribed;40(iv) a certificate of medical and psychological fitness for surrogacyand surrogacy procedures from a registered medical practitioner;(c) an eligibility certificate for intending couple is issued separately by the appropriate authority on fulfilment of the following conditions, namely:—45(i) the age of the intending couple is between 23 to 50 years in caseof female and between 26 to 55 years in case of male on the day of certification;(ii) the intending couple are married for at least five years and areindian citizens;(iii) the intending couple have not had any surviving child biologically or through adoption or through surrogacy earlier:50provided that nothing contained in this item shall affect the intendingcouple who have a child and who is mentally or physically challenged or suffers from life threatening disorder or fatal illness with no permanentcure and approved by the appropriate authority with due medical certificate from a district medical board;(iv) such other conditions as may be specified by the regulations5prohibition of conducting surrogacy5 no person including a relative or husband of a surrogate mother or intendingcouple shall seek or encourage to conduct any surrogacy or surrogacy procedures on her except for the purpose specified in clause (ii) of section 46 no person shall seek or conduct surrogacy procedures unless he has—(i) explained all known side effects and after effects of such procedures to thesurrogate mother concerned;written informed consent of surrogate mother10(ii) obtained in the prescribed form, the written informed consent of the surrogatemother to undergo such procedures in the language she understandsprohibition to abandon child born through surrogacy157 the intending couple shall not abandon the child, born out of a surrogacy procedure,whether within india or outside, for any reason whatsoever, including but not restricted to, any genetic defect, birth defect, any other medical condition, the defects developing subsequently, sex of the child or conception of more than one baby and the like:provided that any child born out of surrogacy procedure, shall be deemed to be a biological child of the intending couple and the said child shall be entitled to all the rights and privileges available to a natural child under any law for the time being in force208 the number of oocytes or embryos to be implanted in the surrogate mother for thepurpose of surrogacy, shall be such as may be prescribednumber of oocytes or embryos to be implanted prohibition of abortion9 no person, organisation, surrogacy clinic, laboratory or clinical establishment ofany kind shall force the surrogate mother to abort at any stage of surrogacy except in such conditions as may be prescribed chapter iv25 registration of surrogacy clinicsregistration of surrogacy clinics10 (1) no person shall establish any surrogacy clinic for undertaking surrogacy or torender surrogacy procedures in any form unless such clinic is duly registered under thisact30(2) every application for registration under sub-section (1) shall be made to the appropriate authority in such form, manner and shall be accompanied by such fees as may be prescribed(3) every surrogacy clinic which is conducting surrogacy or surrogacy procedures, partly or exclusively, referred to in clause (ii) of section 4 shall, within a period of sixty days from the date of appointment of appropriate authority, apply for registration:35provided that such clinic shall cease to conduct any such counselling or procedureson the expiry of six months from the date of commencement of this act, unless such clinic has applied for registration and is so registered separately or till such application is disposed of, whichever is earlier40(4) no surrogacy clinic shall be registered under this act, unless the appropriateauthority is satisfied that such clinic is in a position to provide such facilities and maintain such equipment and standards including specialised manpower, physical infrastructure and diagnostic facilities as may be prescribedcertificate of registration4511 (1) the appropriate authority shall after holding an enquiry and after satisfyingitself that the applicant has complied with all the requirements of this act, rules and regulations made thereunder, grant a certificate of registration to the surrogacy clinic,within a period of ninety days from the date of application received by it, in such form, on payment of such fees and in such manner, as may be prescribed5(2) where, after the enquiry and after giving an opportunity of being heard to the applicant, the appropriate authority is satisfied that the applicant has not complied with the requirements of this act or the rules or regulations made thereunder, it shall, for reasons to be recorded in writing, reject the application for registration(3) every certificate of registration shall be valid for a period of three years and shall be renewed in such manner and on payment of such fees as may be prescribed10(4) the certificate of registration shall be displayed by the surrogacy clinic at a conspicuous placecancellation orsuspension ofregistration12 (1) the appropriate authority may, suo motu, or on receipt of a complaint, issue a notice to the surrogacy clinic to show cause as to why its registration should not be suspended or cancelled for the reasons mentioned in the notice15(2) if after giving a reasonable opportunity of being heard to the surrogacy clinic, the appropriate authority is satisfied that there has been a breach of the provision of the act or the rules or regulations made thereunder, it may, without prejudice to any criminal action that it may take against such clinic, suspend its registration for such period as it may think fit or cancel its registration, as the case may be20(3) notwithstanding anything contained in sub-sections (1) and (2), if the appropriate authority is of the opinion that it is necessary or expedient to do so in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any surrogacy clinic without issuing any notice under sub-section (1)appeal2513 the surrogacy clinic may, within a period of thirty days from the date of receipt of the communication relating to order of rejection of application, suspension or cancellation of registration passed by the appropriate authority under section 12, prefer an appeal against such order to—(a) the state government, where the appeal is against the order of the appropriate authority of a state;30(b) to the central government, where the appeal is against the order of the appropriate authority of a union territory, in such manner as may be prescribed chapter v national surrogacy board3514 (1) the central government shall, by notification, constitute a board to be known as the national surrogacy board to exercise the powers and perform the functions conferred on the board under this actconstitution of national surrogacy board(2) the board shall consist of—(a) the minister in-charge of the ministry of health and family welfare, the chairperson, ex officio;40(b) the secretary to the government of india in-charge of the department dealingwith the surrogacy matter, vice-chairperson, ex officio;(c) three women members of parliament, of whom two shall be elected by thehouse of the people and one by the council of states, members, ex officio;45(d) three members of the ministries of the central government in-charge ofwomen and child development, legislative department in the ministry of law and justice and the ministry of home affairs not below the rank of joint secretary, members,ex officio;(e) the director-general of health services of the central government, member, ex officio;(f) ten expert members to be appointed by the central government in such manner as may be prescribed and two each from amongst—5(i) eminent medical geneticists or human embryologists; (ii) eminent gynaecologists and obstetricians or experts of stri-roga orprasuti-tantra;(iii) eminent social scientists; (iv) representatives of women welfare organisations; and10(v) representatives from civil society working on women's health and child issues, possessing of such qualifications and experience as may be prescribed;15(g) four chairpersons of the state boards to be nominated by the central government by rotation to represent the states and the union territories, two in the alphabetical order and two in the reverse alphabetical order, member, ex officio;(h) an officer, not below the rank of a joint secretary to the central government, in-charge of surrogacy division in the ministry of health and family welfare, who shall be the member-secretary, ex officio15 (1) the term of office of a member, other than an ex officio member, shall be—term of office of members20(a) in case of nomination under clause (c) of sub-section (2) of section 14, three years:25provided that the term of such member shall come to an end as soon as the member becomes a minister or minister of state or deputy minister, or the speaker or the deputy speaker of the house of the people, or the deputy chairman of the council of states or ceases to be a member of the house from which she was elected; and(b) in case of appointment under clause (f) of sub-section (2) of section 14, one year:30provided that the person to be appointed as member under this clause shall be of such age as may be prescribed35(2) any vacancy occurring in the office whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, shall be filled by the central government by making a fresh appointment within a period of one month from the date on which such vacancy occurs and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed(3) the vice-chairperson shall perform such functions as may be assigned to him by the chairperson from time to timemeetings of board4016 (1) the board shall meet at such places and times and shall observe such rules ofprocedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be determined by the regulations:provided that the board shall meet at least once in six months (2) the chairperson shall preside at the meeting of the board and if for any reason thechairperson is unable to attend the meeting of the board, the vice-chairperson shall preside at the meetings of the board45(3) all questions which come up before any meeting of the board shall be decided bya majority of the votes of the members present and voting, and in the event of an equalityof votes, the chairperson, or in his absence, the vice-chairperson shall have and exercise a second or casting vote(4) the members, other than ex officio members, shall receive only compensatory travelling expenses for attending the meeting of the board517 no act or proceeding of the board shall be invalid merely by reason of—vacancies, etc, not to invalidate proceedings of board(a) any vacancy in, or any defect in the constitution of, the board; or (b) any defect in the appointment of a person acting as a member of theboard; or(c) any irregularity in the procedure of the board not affecting the merits of thecase1018 (1) a person shall be disqualified for being appointed and continued as a member if, he—disqualificationsforappointment as member(a) has been adjudged as an insolvent; or15(b) has been convicted of an offence, which in the opinion of the centralgovernment, involves moral turpitude; or(c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest, as is likely to affect prejudiciallyhis functions as a member; or20(e) has so abused his position, as to render his continuance in office prejudicialto the public interest; or(f) is a practicing member or an office bearer of any association representing surrogacy clinics, having financial or other interest likely to affect prejudicially, his function as a member; or25(g) is an office bearer, heading or representing, any of the professional bodieshaving commercial interest in surrogacy or infertility30(2) the members referred to in clause (f) of section 14 shall not be removed from his office except by an order of the central government on the ground of his proved misbehaviour or incapacity after the central government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the central government, come to the conclusion that the member ought on any such ground to be removed(3) the central government may suspend any member in respect of whom an inquiry under sub-section (2) is being initiated or pending until the central government has passed an order on receipt of the report of the inquiry3519 (1) the board may associate with itself, in such manner and for such purposes as may be determined by the regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this acttemporary association of persons with board for particular purposes(2) a person associated with the board under sub-section (1) shall have a right totake part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the board and shall not be a member for any other purpose4020 all orders and decisions of the board shall be authenticated by the signature ofthe chairperson and all other instruments issued by the board shall be authenticated by the signature of the member-secretary of the boardauthentication of orders and other instruments of board21 subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for re-appointment as such member:eligibility of member for reappointmentprovided that no member other than an ex officio member shall be appointed for more than two consecutive terms22 the board shall discharge the following functions, namely:—functions of board(a) to advise the central government on policy matters relating to surrogacy;5(b) to review and monitor the implementation of the act, rules and regulationsmade thereunder and recommend to the central government, changes therein;(c) to lay down code of conduct to be observed by persons working at surrogacyclinics; to set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by the surrogacy clinics;10(d) to oversee the performance of various bodies constituted under the act andtake appropriate steps to ensure their effective performance;(e) to supervise the functioning of state surrogacy boards; and (f) such other functions as may be prescribed1523 each state and union territory having legislature shall constitute a board to be known as the state surrogacy board or the union territory surrogacy board, as the case may be, which shall discharge the following functions, namely:—constitution of state surrogacy board(i) to review the activities of the appropriate authorities functioning in the stateor union territory and recommend appropriate action against them;20(ii) to monitor the implementation of the provisions of the act, rules andregulations made thereunder and make suitable recommendations relating thereto, to the board;(iii) to send such consolidated reports as may be prescribed in respect of thevarious activities undertaken in the state under the act to the board and the central government; and(iv) such other functions as may be prescribed2524 the state board shall consist of—composition of state board(a) the minister in-charge of health and family welfare in the state, chairperson,ex officio;30(b) the secretary in-charge of the department of health and family welfare,vice-chairperson, ex officio;(c) secretaries or commissioners in-charge of the departments of women andchild development, social welfare, law and justice and home affairs or their nominees, members, ex officio;35(d) the director-general of health and family welfare of the state government,member, ex officio;(e) three women members of the state legislative assembly or union territorylegislative council, members, ex officio;(f) ten expert members to be appointed by the state government in such manneras may be prescribed, two each from amongst—(i) eminent medical geneticists or human embryologists;40(ii) eminent gynaecologists and obstetricians or experts of stri-roga orprasuti-tantra; (iii) eminent social scientists; (iv) representatives of women welfare organisations; and(v) representatives from civil society working on women's health and child issues, possessing of such qualifications and experiences as may be prescribed;(g) an officer not below the rank of joint secretary to the state government in-charge of family welfare, who shall be the member-secretary, ex officio525 (1) the term of office of a member, other than an ex officio member, shall be—term of office of members(a) in case of nomination under clause (e) of section 24, three years:10provided that the term of such member shall come to an end as soon as the member becomes a minister or minister of state or deputy minister, or the speaker or the deputy speaker of the legislative assembly, or the deputy chairman of the legislative council or ceases to be a member of the house from which she was elected; and(b) in case of appointment under clause (f) of section 24, one year:provided that the person to be appointed as member under this clause shall be of such age, as may be prescribed15(2) any vacancy occurring in the office whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, shall be filled within a period of one month from the date on which such vacancy occurs by the state government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointed20(3) the vice-chairperson shall perform such functions as may be assigned to him by the chairperson from time to timemeetings of state board26 (1) the state board shall meet at such places and times and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be determined by the regulations:25provided that the state board shall meet at least once in four months (2) the chairperson shall preside at the meeting of the board and if for any reason the chairman is unable to attend the meeting of the state board, the vice-chairperson shall preside at the meetings of the state board30(3) all questions which come up before any meeting of the state board shall bedecided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the chairperson, or in his absence, the vice-chairperson shall have and exercise a second or casting vote35(4) the members, other than, ex officio members, shall receive only compensatory travelling expenses for attending the meetings of the state board27 no act or proceeding of the state board shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the state board; or(b) any defect in the appointment of a person acting as a member of the stateboard; orvacancies, etc, not to invalidate proceedings of state board40(c) any irregularity in the procedure of the state board not affecting the meritsof the case28 (1) a person shall be disqualified for being appointed and continued as a member if, he—disqualifications for appointment as member(a) has been adjudged as an insolvent; or45(b) has been convicted of an offence, which in the opinion of the stategovernment, involves moral turpitude; or(c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest, as is likely to affect prejudiciallyhis functions as a member; or5(e) has so abused his position, as to render his continuance in office prejudicialto the public interest; or(f) is a practicing member or an office bearer of any association representingsurrogacy clinics, having financial or other interest likely to affect prejudicially, his function as a member; or10(g) is an office bearer, heading or representing, any of the professional bodieshaving commercial interest in surrogacy or infertility15(2) the members referred to in clause (f) of section 24 shall not be removed from his office except by an order of the state government on the ground of his proved misbehaviour or incapacity after the state government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the state government, come to the conclusion that the member ought on any such ground to be removed(3) the state government may suspend any member in respect of whom an inquiry under sub-section (2) is being initiated or pending until the state government has passed an order on receipt of the report of the inquiry2029 (1) the state board may associate with itself, in such manner and for such purposes as may be determined by the regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this acttemporary association of persons with state board for particular purposes(2) a person associated with it by the state board under sub-section (1) shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the state board and shall not be a member for any other purpose2530 all orders and decisions of the state board shall be authenticated by the signatureof the chairperson and all other instruments issued by the state board shall be authenticated by the signature of the member-secretary of the state boardauthentication of orders and other instruments of state board31 subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for re-appointment as such member:eligibility ofmember forreappointment30provided that no member other than an ex officio member shall be appointed for morethan two consecutive terms chapter vi appropriate authority35appointment of appropriate authority32 (1 ) the central government shall, within a period of ninety days from the date of commencement of this act, by notification, appoint one or more appropriate authorities for each of the union territories for the purposes of this act(2) the state government shall, within a period of ninety days from the date of commencement of this act, by notification, appoint one or more appropriate authorities for the whole or part of the state for the purposes of this act40(3) the appropriate authority, under sub-section (1) or sub-section (2), shall,—(a) when appointed for the whole of the state or the union territory, consist of—45(i) an officer of or above the rank of the joint director of health and family welfare department—chairperson;(ii) an eminent woman representing women's organisation—member;(iii) an officer of law department of the state or the union territory concerned not below the rank of a deputy secretary—member; and(iv) an eminent registered medical practitioner—member:provided that any vacancy occurring therein shall be filled within one month of the occurrence of such vacancy;5(b) when appointed for any part of the state or the union territory, be officers of such other rank as the state government or the central government, as the case may be, may deem fit33 the appropriate authority shall discharge the following functions, namely:—(a) to grant, suspend or cancel registration of a surrogacy clinic;10functions of appropriate authority(b) to enforce the standards to be fulfilled by the surrogacy clinics; (c) to investigate complaints of breach of the provisions of this act, rules and regulations made thereunder and take legal action as per provision of this act;15(d) to take appropriate legal action against the use of surrogacy by any person at any place other than prescribed, suo motu or brought to its notice, and also to initiate independent investigations in such matter;(e) to supervise the implementation of the provisions of this act, rules and regulations made thereunder;20(f) to recommend to the board and state boards about the modifications required in the rules and regulations in accordance with changes in technology or social conditions;(g) to take action after investigation of complaints received by it against the surrogacy clinics; and(h) to consider and grant or reject any application under clause (vi) of section 3and sub-clauses (a) to (c) of clause (iii) of section 42534 (1) the appropriate authority shall exercise the powers in respect of the following matters, namely:—powers of appropriate authority(a) summoning of any person who is in possession of any information relating to violation of the provisions of this act, rules and regulations made thereunder;(b) production of any document or material object relating to clause (a);30(c) search any place suspected to be violating the provisions of this act, rules and regulations made thereunder; and(d) such other powers as may be prescribed35(2) the appropriate authority shall maintain the details of registration of surrogacy clinics, cancellation of registration, renewal of registration, grant of certificates to the intending couple and surrogate mothers or any other matter pertaining to grant of licence, etc, of the surrogacy clinics in such format as may be prescribed chapter vii offences and penalties4035 (1) no person, organisation, surrogacy clinic, laboratory or clinical establishment of any kind shall—45prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacy(a) undertake commercial surrogacy, provide commercial surrogacy or its relatedcomponent procedures or services in any form or run a racket or an organised group to empanel or select surrogate mothers or use individual brokers or intermediaries to arrange for surrogate mothers and for surrogacy procedures, at such clinics, laboratories or at any other place;(b) issue, publish, distribute, communicate or cause to be issued, published,distributed or communicated any advertisement in any manner regarding commercial surrogacy by any means whatsoever, scientific or otherwise;5(c) abandon or disown or exploit or cause to be abandoned, exploited ordisowned in any form the child or children born through surrogacy;(d) exploit or cause to be exploited the surrogate mother or the child bornthrough surrogacy in any manner whatsoever;10(e) sell human embryo or gametes for the purpose of surrogacy and run anagency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes for the purpose of surrogacy;(f) import or shall help in getting imported in whatsoever manner, the humanembryo or human gametes for surrogacy or for surrogacy procedures45 of 186015(2) notwithstanding anything contained in the indian penal code, contraventions of the provisions of clauses (a) to (f) of sub-section (1) by any person shall be an offence punishable with imprisonment for a term which shall not be less than ten years and with fine which may extend to ten lakh rupees20(3) for the purposes of this section, the expression "advertisement" includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media, in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal light, sound, smoke or gas25punishment for contravention of provisions of act36 (1) any registered medical practitioner, gynaecologists, paediatrician, human embryologists or any person who owns a surrogacy clinic or employed with such a clinic or centre or laboratory and renders his professional or technical services to or at such clinic or centre or laboratory, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this act (other than the provisions referred to in section 35), rules and regulations made thereunder shall be punishable with imprisonment for a term which shall not be less than five years and with fine which may extend to ten lakh rupees30(2) in case of subsequent or continuation of the offence referred to in sub-section (1), the name of the registered medical practitioner shall be reported by the appropriate authority to the state medical council concerned for taking necessary action including suspension of registration for a period of five years35punishment for initiation of commercial surrogacy37 any intending couple or any person who seeks the aid of any surrogacy clinic,laboratory or of a registered medical practitioner, gynaecologist, paediatrician, human embryologist or any other person for commercial surrogacy or for conducting surrogacy procedures for commercial purposes shall be punishable with imprisonment for a term which shall not be less than five years and with fine which may extend to five lakh rupees for the first offence and for any subsequent offence with imprisonment which may extend to ten years and with fine which may extend to ten lakh rupees40 4538 whoever contravenes any of the provisions of this act, rules or regulationsmade thereunder for which no penalty has been elsewhere provided in this act, shall be punishable with imprisonment for a term which shall not be less than three years and with fine which may extend to five lakh rupees and in the case of continuing contravention with an additional fine which may extend to ten thousand rupees for every day during which such contravention continues after conviction for the first such contraventionpenalty for contravention of provisions of act or rules for which no specific punishment is provided1 of 1872presumption in case of surrogacy5039 notwithstanding anything contained in the indian evidence act, 1872, the courtshall presume, unless the contrary is proved, that the woman or surrogate mother was compelled by her husband, the intending couple or any other relative, as the case may be, to render surrogacy services, procedures or to donate gametes for the purpose other than those specified in clause (ii) of section 4 and such person shall be liable for abetment of such offence under section 37 and shall be punishable for the offence specified under that section2 of 197440 notwithstanding anything contained in the code of criminal procedure, 1973,every offence under this act shall be cognizable, non-bailable and non-compoundableoffence to be cognizable, non-bailable and noncompoundablecognizance of offences41 (1) no court shall take cognizance of any offence punishable under this actexcept on a complaint in writing made by—5(a) the appropriate authority concerned, or any officer or an agency authorisedin this behalf by the central government or the state government, as the case may be, or the appropriate authority; or10(b) a person including a social organisation who has given notice of not lessthan fifteen days in the manner prescribed, to the appropriate authority, of the alleged offence and of his intention to make a complaint to the court (2) no court inferior to that of a metropolitan magistrate or a judicial magistrate ofthe first class shall try any offence punishable under this act2 of 19741542 notwithstanding anything contained in the code of criminal procedure, 1973,chapter xxia of the said code relating to plea of bargaining shall not apply to the offences under this actcertain provisions of the code of criminal procedure, 1973 not to apply chapter viii miscellaneousmaintenance of records2043 (1) the surrogacy clinic shall maintain all records, charts, forms, reports, consent letters, agreements and all the documents under this act and they shall be preserved for a period of twenty-five years or such period as may be prescribed:provided that, if any criminal or other proceedings are instituted against any surrogacy clinic, the records and all other documents of such clinic shall be preserved till the final disposal of such proceedings25(2) all such records shall, at all reasonable times, be made available for inspection tothe appropriate authority or to any other person authorised by the appropriate authority in this behalfpower to search and seize records, etc3044 (1) if the appropriate authority has reason to believe that an offence under thisact has been or is being committed at any surrogacy clinic or any other place, such authority or any officer authorised in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such authority or officers considers necessary, such surrogacy clinic or any other place and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize and seal the same if such authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this act2 of 197435(2) the provisions of the code of criminal procedure, 1973 relating to search andseizure shall apply, as far as may be, to all action taken by the appropriate authority or any officer authorised by it under this actprotection of action taken in good faith4045 no suit, prosecution or other legal proceeding shall lie against the centralgovernment or the state government or the appropriate authority or any officer authorised by the central government or the state government or by the appropriate authority for anything which is in good faith done or intended to be done in pursuance of the provision of this act46 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 barredpower to make rules47 (1) the central government may, by notification and subject to the condition of pre-publication, 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—5(a) the minimum qualifications for persons employed at a registered surrogacyclinic under clause (iii) of section 3;(b) the manner in which a person shall store human embryo or gamete underclause (vii) of section 3;10(c) the insurance coverage in favour of the surrogate mother from an insurancecompany under item (iii) of sub-clause (a) of clause (iii) of section 4;(d) the number of attempts of surrogacy or providing of gametes under theproviso to item (iii) of sub-clause (b) of clause (iii) of section 4;(e) the form in which consent of a surrogate mother has to be obtained underclause (ii) of section 6;15(f) the number of oocytes or embryos to be implanted in the surrogate motherunder section 8;(g) the conditions under which the surrogate mother may be allowed for abortionduring the process of surrogacy under section 9;20(h) the form and manner in which an application shall be made for registrationand the fee payable thereof under sub-section (2) of section 10;(i) the facilities to be provided, equipment and other standards to be maintainedby the surrogacy clinics under sub-section (4) of section 10;(j) the period, manner and form in which a certificate of registration shall beissued under sub-section (1) of section 11;25(k) the manner in which the certificate of registration shall be renewed and thefee payable for such renewal under sub-section (3) of section 11;(l) the manner in which an appeal may be preferred under section 13;(m) the qualifications and experiences to the members as admissible underclause (f) of sub-section (2) of section 14;30(n) the procedures for conducting an inquiry against the members undersub-section (2) of section 18;(o) the conditions under which a member of the board eligible for re-appointmentunder section 21;(p) the other functions of the board under clause (e) of section 22;35(q) the manner in which reports shall be furnished by the state and unionterritory boards to the board and the central government under clause (iii) ofsection 23;(r) the other functions of the state board under clause (iv) of section 23;40(s) the qualifications and experiences to the members as admissible underclause (f) of section 24;(t) the age of the person to be appointed as a member, referred to in clause (f) ofsection 24, under the proviso to clause (b) of sub-section (1) of section 25;(u) the procedures for conducting an inquiry against the members under sub-section (2) of section 28;(v) the conditions under which the members of the state board eligible forre-appointment under section 31;5(w) empowering the appropriate authority in any other matter under clause (d)of section 33;(x) the other powers of appropriate authority under clause (d) of sub-section (1)of section 34;10(y) the particulars of the details of registration of surrogacy clinics, cancellationof registration, etc, in such format under sub-section (2) of section 34;(z) the manner of giving notice by a person under clause (b) of sub-section (1)of section 41;(za) the period up to which records, charts, etc, shall be preserved undersub-section (1) of section 43;15(zb) the manner in which the seizure of documents, records, objects, etc, shallbe made and the manner in which seizure list shall be prepared and delivered under sub-section (1) of section 44; and(zc) any other matter which is to be, or may be, or in respect of which provisionis to be made by rules20power to make regulations48 the board may, with the prior approval of the central government, by notification, make regulations not inconsistent with the provisions of this act and the rules made thereunder to provide for—25(a) the fulfilment of any other condition under which eligibility certificate to be issued by the appropriate authority under item (iv) of sub-clause (c) of clause (iii) of section 4;(b) the time and place of the meetings of the board and the procedure to be followed for the transaction of business at such meetings and the number of members which shall form the quorum under sub-section (1) of section 16;(c) the manner in which a person may be temporarily associated with the boardunder sub-section (1) of section 19;30(d) the time and place of the meetings of the state board and the procedure to be followed for the transaction of business at such meetings and the number of members which shall form the quorum under sub-section (1) of section 26;(e) the manner in which a person may be temporarily associated with the boardunder sub-section (1) of section 29;35(f) any other matter which is required to be, or may be, specified by regulationsrules and regulations to be laid before parliament4049 every rules and every regulations made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or regulation or both houses agree that the rule or regulation should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or regulation or notification45transitional provision50 subject to the provisions of this act, there shall be provided a gestation period of ten months from the date of coming into force of this act to existing surrogate mothers' to protect their well beingpower to remove difficulties51 (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 the said act as appear to it to be necessary or expedient for removing the difficulty:5provided that no 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 reasonsindia has emerged as a surrogacy hub for couples from different countries for past few years there have been reported incidents of unethical practices, exploitation of surrogate mothers, abandonment of children born out of surrogacy and import of human embryos and gametes widespread condemnation of commercial surrogacy in india has been regularly reflected in different print and electronic media for last few years the law commission of india has, in its 228th report, also recommended for prohibition of commercial surrogacy by enacting a suitable legislation due to lack of legislation to regulate surrogacy, the practice of surrogacy has been misused by the surrogacy clinics, which leads to rampant of commercial surrogacy and unethical practices in the said area of surrogacy2 in the light of above, it had become necessary to enact a legislation to regulate surrogacy services in the country, to prohibit the potential exploitation of surrogate mothers and to protect the rights of children born through surrogacy3 the surrogacy (regulation) bill, 2016, inter alia, provides for the following, namely:—(a) to constitute the surrogacy boards at national and state level; (b) to allow ethical altruistic surrogacy to the intending infertile indian married couple between the age of 23-50 years and 26-55 years for female and male respectively;(c) the intending couples should be legally married for at least five years and should be indian citizens to undertake surrogacy or surrogacy procedures;(d) to provide that the intending couples shall not abandon the child, born out of a surrogacy procedure, under any condition and the child born out of surrogacy procedure shall have the same rights and privileges as are available to the biological child;(e) the surrogate mother should be a close relative of the intending couple and should be an ever married woman having a child of her own and between the age of 25-35 years;(f) to provide that the surrogate mother shall be allowed to act as surrogate mother only once;(g) to constitute the surrogacy board at national level which shall exercise and perform functions conferred on it under the act it is also proposed to constitute surrogacy boards at the state and union territory level to perform similar functions in respective states and union territories;(h) to appoint one or more appropriate authorities at state and union territory level which shall be the executive bodies for implementing the provisions of the act;(i) to provide that the surrogacy clinics shall be registered only after the appropriate authority is satisfied that such clinics are in a position to provide facilities and can maintain equipments and standards including specialised manpower, physical infrastructure and diagnostic facilities as may be provided in the rules and regulations;(j) to provide that no person, organisation, surrogacy clinic, laboratory or clinical establishment of any kind shall undertake commercial surrogacy, issue advertisements regarding commercial surrogacy, abandon the child born through surrogacy, exploit the surrogate mother, sell human embryo or import human embryo for the purpose of surrogacy and contravention of the said provisions shall be an offence punishable with imprisonment for a term which shall not be less than ten years and with fine which may extend to ten lakh rupees4 the notes on clauses explain in detail the various provisions contained in the surrogacy (regulation) bill, 20165 the bill seeks to achieve the above objectivesnew delhi;jagat prakash naddathe 28th october, 2016 notes on clausesclause 1—this clause relates to 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 prohibition and regulation of surrogacy clinics sub-clause (i) of this clause provides that no surrogacy clinic, unless registered under this act, shall conduct or associate with, or help in any manner, in conducting activities relating to surrogacy and surrogacy proceduressub-clause (ii) of this clause provides that no surrogacy clinic, paediatrician, gynaecologist, human embryologist, registered medical practitioner or any person shall conduct, offer, undertake, promote or associate with or avail of commercial surrogacy in any formsub-clause (iii) of this clause provides that no surrogacy clinic shall employ or cause to be employed or take services of any person, whether on honorary basis or on payment who does not possess such qualifications as may be prescribedsub-clause (iv) of this clause provides that no registered medical practitioner, gynecologist, pediatrician, human embryologist or any other person shall conduct or cause to be conducted or aid in conducting by himself or through any other person surrogacy or surrogacy procedures at a place other than a place registered under this actsub-clause (v) of this clause provides that no surrogacy clinic, registered medical practitioner, gynecologist, pediatrician, human embryologist or any other person shall promote, publish, canvass, propagate or advertise or cause to be promoted, published, canvassed, propagated or advertised which—(a) is aimed at inducing or is likely to induce a woman to act as a surrogate mother; (b) is aimed at promoting a surrogacy clinic for commercial surrogacy or promoting commercial surrogacy in general;(c) seeks or aimed at seeking a woman to act as a surrogate mother; (d) states or implies that a woman is willing to become a surrogate mother; or (e) advertises commercial surrogacy in print or electronic media or in any other form sub-clause (vi) of this clause provides that no surrogacy clinic, registered medical practitioner, gynecologist, pediatrician, human embryologist, intending couple or any other person shall conduct or cause abortion during the period of surrogacy without the written consent of the surrogate mother and on authorisation of the same by the appropriate authority concerned however, that the authorisation of the appropriate authority shall be subject to, and in compliance with, the provisions of the medical termination of pregnancy act, 1971sub-clause (vii) of this clause provides that no surrogacy clinic, registered medical practitioner, gynecologist, pediatrician, human embryologist, intending couple or any other person shall store a human embryo or gamete for the purpose of surrogacy however, that nothing contained in this sub-clause shall affect such storage for other legal purposes like sperm banks, ivf and medical research for such period and in such manner as may be prescribedclause 4—this clause relates to regulation of surrogacy and surrogacy procedures sub-clause (i) of this clause provides that no place including a surrogacy clinic shall be used or caused to be used by any person for conducting surrogacy or surrogacy procedures, except for the purposes specified in sub-clause (ii) and after satisfying all the conditions specified in sub-clause (iii)sub-clause (ii) of this clause provides that no surrogacy or surrogacy procedures shall be conducted, undertaken, performed or availed of, except for the following purposes, namely:—(a) when either or both members of the couple is suffering from proven infertility;(b) when it is only for altruistic surrogacy purposes; (c) when it is not for commercial purposes or for commercialisation of surrogacy or surrogacy procedures; (d) when it is not for producing children for sale, prostitution or any other form of exploitation; and (e) any other condition or disease as may be specified by regulations made by the boardsub-clause (iii) of this clause provides that no surrogacy or surrogacy procedures shall be conducted, undertaken, performed or initiated, unless the director or in-charge of the surrogacy clinic and the person qualified to do so are satisfied, for reasons to be recorded in writing, that the following conditions have been fulfilled, namely:—(a) the intending couple is in possession of a certificate of essentiality issued by the appropriate authority, after satisfying for itself, for the reasons to be recorded in writing, about the fulfilment of the following conditions, namely:—(i) a certificate of proven infertility in favour of either or both members of the intending couple from a district medical board;(ii) an order concerning the parentage and custody of the child to be born through surrogacy, have been passed by a court of the magistrate of the first class or above, on an application made by the intending couple and surrogate mother;(iii) an insurance coverage of such amount as may be prescribed in favour of the surrogate mother from an insurance company or an agent recognised by the insurance regulatory and development authority established under the insurance regulatory and development authority act, 1999; (b) the surrogate mother is in possession of an eligibility certificate issued by the appropriate authority on fulfilment of the following conditions, namely:—(i) no woman, other than an ever married woman having a child of her own and between the age of 25 to 35 years on the day of implantation, shall be a surrogate mother or help in surrogacy by donating her egg or oocyte or otherwise;(ii) no person, other than a close relative of the intending couple, shall act as a surrogate mother and be permitted to undergo surrogacy procedures as per the provisions of this act;(iii) no women shall act as a surrogate mother or help in surrogacy in any way, by providing gametes or by carrying the pregnancy, more than once in her lifetime however, that the number of attempts for surrogacy procedures on the surrogate mother shall be such as may be prescribed;(iv) a certificate of medical and psychological fitness for surrogacy and surrogacy procedures from a registered medical practitioner; (c) an eligibility certificate for intending couple is issued separately by the appropriate authority on fulfilment of the following conditions, namely:—(i) the age of the intending couple is between 23 to 50 years in case of female and between 26 to 55 years in case of male on the day of certification;(ii) the intending couple are married for at least five years and are indian citizens;(iii) the intending couple have not had any surviving child biologically or through adoption or through surrogacy earlier however, that nothing contained in this item shall affect the intending couple who have a child and who is mentally or physically challenged or suffers from life threatening disorder or fatal illness with no permanent cure and approved by the appropriate authority with due medical certificate from a district medical board; and(iv) such other conditions as may be specified by the regulationsclause 5—this clause relates to prohibition of conducting surrogacy this clause provides that no person including a relative or husband of a surrogate mother or intending couple shall seek or encourage to conduct any surrogacy or surrogacy procedures on her except for the purpose specified in sub-clause (ii) of clause 4clause 6—this clause relates to written informed consent of surrogate mother this clause provides that no person shall seek or conduct surrogacy procedures unless he has —(i) explained all known side effects and after effects of such procedures to the surrogate mother concerned; (ii) obtained in the prescribed form, the written informed consent of the surrogate mother to undergo such procedures in the language she understandsclause 7—this clause relates to prohibition to abandon child born through surrogacy this clause provides that the intending couple shall not abandon the child, born out of a surrogacy procedure, whether within india or outside, for any reason whatsoever, including but not restricted to, any genetic defect, birth defect, any other medical condition, the defects developing subsequently, sex of the child or conception of more than one baby and the like however, that any child born out of surrogacy procedure, shall be deemed to be a biological child of the intending couple and the said child shall be entitled to all the rights and privileges available to a natural child under any law for time being in forceclause 8—this clause relates to number of oocytes or embryos to be implanted this clause provides that the number of oocytes or embryos to be implanted in the surrogate mother for the purpose of surrogacy, shall be such as may be prescribedclause 9—this clause relates to prohibition of abortion this clause provides that no person, organisation, surrogacy clinic, laboratory or clinical establishment of any kind shall force the surrogate mother to abort at any stage of surrogacy except in such conditions as may be prescribedclause 10—this clause relates to registration of surrogacy clinics sub-clause (1) of this clause provides that no person shall establish any surrogacy clinic for undertaking surrogacy or to render surrogacy procedures in any form unless such clinic is duly registered under this actsub-clause (2) of this clause provides that every application for registration under sub-clause (1) shall be made to the appropriate authority in such form, manner and shall be accompanied by such fees as may be prescribedsub-clause (3) of this clause provides that every surrogacy clinic which is conducting surrogacy or surrogacy procedures, partly or exclusively, referred to in sub-clause (ii) of clause 4 shall, within a period of sixty days from the date of appointment of appropriate authority, apply for registration however, that such clinic shall cease to conduct any such counseling or procedures on the expiry of six months from the date of commencement of this act, unless such clinic has applied for registration and is so registered separately or till such application is disposed of, whichever is earliersub-clause (4) of this clause provides that no surrogacy clinic shall be registered under this act, unless the appropriate authority is satisfied that such clinic is in a position to provide such facilities and maintain such equipment and standards including specialised manpower, physical infrastructure and diagnostic facilities as may be prescribed clause 11—this clause relates to certificate of registrationsub-clause (1) of this clause provides that the appropriate authority shall after holding an enquiry and after satisfying itself that the applicant has complied with all the requirements of this act, rules and regulations made thereunder, grant a certificate of registration to the surrogacy clinic, within a period of ninety days from the date of application received by it, in such form, on payment of such fees and in such manner, as may be prescribedsub-clause (2) of this clause provides that where, after the inquiry and after giving an opportunity of being heard to the applicant, the appropriate authority is satisfied that the applicant has not complied with the requirements of this act or the rules or regulations made thereunder, it shall, for reasons to be recorded in writing, reject the application for registrationsub-clause (3) of this clause provides that every certificate of registration shall be valid for a period of three years and shall be renewed in such manner and on payment of such fees as may be prescribedsub-clause (4) of this clause provides that the certificate of registration shall be displayed by the surrogacy clinic at a conspicuous place clause 12—this clause relates to cancellation or suspension of registrationsub-clause (1) of this clause provides that the appropriate authority may, suo motu or on receipt of a complaint, issue a notice to the surrogacy clinic to show cause as to why its registration should not be suspended or cancelled for the reasons mentioned in the noticesub-clause (2) of this clause provides that if after giving a reasonable opportunity of being heard to the surrogacy clinic, the appropriate authority is satisfied that there has been a breach of the provision of the act or the rules or regulations made thereunder, it may, without prejudice to any criminal action that it may take against such clinic, suspend its registration for such period as it may think fit or cancel its registration, as the case may besub-clause (3) of this clause provides that notwithstanding anything contained in the sub-clauses (1) and (2) of clause 12, if the appropriate authority is of the opinion that it is necessary or expedient to do so in the public interest, it may, for reasons to be recorded in writing, suspend the registration of any surrogacy clinic without issuing any notice under sub-section (1) of clause 12 clause 13—this clause relates to appealthis clause provides that the surrogacy clinic may, within a period of thirty days from the date of receipt of the communication relating to order of rejection of application, suspension or cancellation of registration passed by the appropriate authority under clause 12, prefer an appeal against such order to—(a) the state government, where the appeal is against the order of the appropriate authority of a state; (b) to the central government, where the appeal is against the order of the appropriate authority of a union territory, in such manner as may be prescribed clause 14—this clause relates to constitution of national surrogacy boardsub-clause (1) of this clause provides that the central government shall, by notification, constitute a board to be known as the national surrogacy board to exercise the powers and perform the functions conferred on the board under this actsub-clause (2) of this clause provides that the board shall consist of—(a) the minister in-charge of the ministry of health and family welfare, the chairperson, ex officio; (b) the secretary to the government of india in- charge of the department dealing with the surrogacy matter, vice-chairperson, ex officio; (c) three women members of parliament, of whom two shall be elected by the house of the people and one by the council of states, members, ex officio; (d) three members of the ministries of central government in charge of women and child development, legislative department in the ministry of law and justice and the ministry of home affairs not below the rank of joint secretary, members, ex officio; (e) the director general of health services of the central government, member, ex officio; (f) ten expert members to be appointed by the central government in such manner as may be prescribed and two each from amongst—(i) eminent medical geneticists or human embryologists; (ii) eminent gynaecologists and obstetricians or experts of stri-roga or prasuti-tantra; (iii) eminent social scientists; (iv) representatives of women welfare organisations; and (v) representatives from civil society working on womens' health and child issues, possessing of such qualifications and experience as may be prescribed; (g) four chairpersons of the state boards to be nominated by the central government by rotation to represent the states and the union territories, two in the alphabetical order and two in the reverse alphabetical order, member, ex officio; (h) an officer, not below the rank of a joint secretary to the central government, in charge of surrogacy division in the ministry of health and family welfare, who shall be the member-secretary, ex officio clause 15—this clause relates to term of office of memberssub-clause (1) of this clause provides that the term of office of a member, other than an ex officio member, shall be— (a) in case of nomination of three women members of parliament, three years however, that the term of such member shall come to an end as soon as the member becomes a minister or minister of state or deputy minister, or the speaker or the deputy speaker of the house of the people, or the deputy chairman of the council of states or ceases to be a member of the house from which she was elected; (b) in case of appointment of ten expert members, one year however, that the person to be appointed as member under this clause shall be of such age as may be prescribedsub-clause (2) of this clause provides that any vacancy occurring in the office whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, shall be filled by the central government by making a fresh appointment within a period of one month from the date on which such vacancy occurs and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointedsub-clause (3) of this clause provides that the vice-chairperson shall perform such functions as may be assigned to him by the chairperson from time to timeclause 16—this clause relates to meetings of boardsub-clause (1) of this clause provides that the board shall meet at such places and times and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be determined by the regulations however, that the board shall meet at least once in six monthssub-clause (2) of this clause provides that the chairperson shall preside at the meeting of the board and if for any reason the chairperson is unable to attend the meeting of the board, the vice-chairperson shall preside at the meetings of the boardsub-clause (3) of this clause provides that all questions which come up before any meeting of the board shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the chairperson, or in his absence, the vice-chairperson shall have and exercise a second or casting votesub-clause (4) of this clause provides that the members, other than ex officio members, shall receive only compensatory travelling expenses for attending the meeting of the boardclause 17—this clause relates to vacancies, etc, not to invalidate proceedings of boardthis clause provides that no act or proceeding of the board shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of the board; or (b) any defect in the appointment of a person acting as a member of the board; or (c) any irregularity in the procedure of the board not affecting the merits of the caseclause 18—this clause relates to disqualifications for appointment as member sub-clause (1) of this clause provides that a person shall be disqualified for being appointed and continued as a member if, he—(a) has been adjudged as an insolvent; or(b) has been convicted of an offence, which in the opinion of the central government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest, as is likely to affect prejudicially his functions as a member; or (e) has so abused his position, as to render his continuance in office prejudicial to the public interest; or (f) is a practicing member or an office bearer of any association representing surrogacy clinics, having financial or other interest likely to affect prejudicially, his function as a member; or (g) is an office bearer, heading or representing, any of the professional bodies having commercial interest in surrogacy or infertilitysub-clause (2) of this clause provides that the members referred to in item (f) of sub-clause (2) of clause 14 shall not be removed from his office except by an order of the central government on the ground of his proved misbehaviour or incapacity after the central government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the central government, come to the conclusion that the member ought on any such ground to be removedsub-clause (3) of this clause provides that the central government may suspend any member in respect of whom an inquiry under sub-clause (2) of clause 18 is being initiated or pending until the central government has passed an order on receipt of the report of the inquiryclause 19—this clause relates to temporary association of persons with board for particular purposessub-clause (1) of this clause provides that the board may associate with itself, in such manner and for such purposes as may be determined by the regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this actsub-clause (2) of this clause provides that a person associated with the board under sub-clause (1) of clause 19 shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the board and shall not be a member for any other purposeclause 20—this clause relates to authentication of orders and other instruments of boardthis clause provides that all orders and decisions of the board shall be authenticated by the signature of the chairperson and all other instruments issued by the board shall be authenticated by the signature of the member-secretary of the board clause 21—this clause relates to eligibility of member for reappointmentthis clause provides that subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for reappointment as such member however, that no member other than an ex officio member shall be appointed for more than two consecutive terms clause 22—this clause relates to functions of boardthis clause provides that the board shall discharge the following functions, namely:—(a) to advise the central government on policy matters relating to surrogacy; (b) to review and monitor the implementation of the act, rules and regulations made thereunder and recommend to the central government, changes therein; (c) to lay down code of conduct to be observed by persons working at surrogacy clinics; to set the minimum standards of physical infrastructure, laboratory and diagnostic equipment and expert manpower to be employed by the surrogacy clinics; (d) to oversee the performance of various bodies constituted under the act and take appropriate steps to ensure their effective performance; (e) to supervise the functioning of state surrogacy boards; and (f) such other functions as may be prescribed clause 23—this clause relates to constitution of state surrogacy boardsub-clause (1) of this clause provides that the each state and union territory having legislature shall constitute a board to be known as the state surrogacy board or the union territory surrogacy board, as the case may be, which shall discharge the following functions, namely:—(i) to review the activities of the appropriate authorities functioning in the state or union territory and recommend appropriate action against them; (ii) to monitor the implementation of the provisions of the act, rules and regulations made thereunder and make suitable recommendations relating thereto, to the board; (iii) to send such consolidated reports as may be prescribed in respect of the various activities undertaken in the state under the act to the board and the central government; and (iv) such other functions as may be prescribed clause 24—this clause relates to composition of state boardthis clause provides that the state board shall consist of— (a) the minister in-charge of health and family welfare in the state, chairperson, ex officio; (b) the secretary in-charge of the department of health and family welfare, vice-chairperson, ex officio; (c) secretaries or commissioners in charge of the departments of women and child development, social welfare, law and justice and home affairs or their nominees, members, ex officio;(d) director general of health and family welfare of the state government, member, ex officio; (e) three women members of the state legislative assembly or union territory legislative council, members, ex officio; (f) ten expert members to be appointed by the state government in such manner as may be prescribed, two each from amongst—(i) eminent medical geneticists or human embryologists; (ii) eminent gynaecologists and obstetricians or experts of stri-roga or prasuti-tantra; (iii) eminent social scientists; (iv) representatives of women welfare organisations; and (v) representatives from civil society working on womens' health and child issues, possessing of such qualifications and experiences as may be prescribed; (g) an officer not below the rank of joint secretary to the state government in charge of family welfare, who shall be the member-secretary, ex officioclause 25—this clause relates to term of office of memberssub-clause (1) of this clause provides that the term of office of a member, other than an ex officio member, shall be—(a) in case of nomination of three women members of the state legislative assembly or union territory legislative council, members, ex officio, three yearshowever, that the term of such member shall come to an end as soon as the member becomes a minister or minister of state or deputy minister, or the speaker or the deputy speaker of the legislative assembly, or the deputy chairman of the legislative council or ceases to be a member of the house from which she was elected; (b) in case of appointment of ten expert members, one year however, that the person to be appointed as member under this clause shall be of such age, as may be prescribedsub-clause (2) of this clause provides that any vacancy occurring in the office whether by reason of his death, resignation or inability to discharge his functions owing to illness or other incapacity, shall be filled within a period of one month from the date on which such vacancy occurs by the state government by making a fresh appointment and the member so appointed shall hold office for the remainder of the term of office of the person in whose place he is so appointedsub-clause (3) of this clause provides that the vice-chairperson shall perform such functions as may be assigned to him by the chairperson from time to timeclause 26—this clause relates to meetings of state boardsub-clause (1) of this clause provides that the state board shall meet at such places and times and shall observe such rules of procedure in regard to the transaction of business at its meetings (including the quorum at its meetings) as may be determined by the regulations however, that the state board shall meet at least once in four monthssub-clause (2) of this clause provides that the chairperson shall preside at the meeting of the board and if for any reason the chairman is unable to attend the meeting of the state board, the vice-chairperson shall preside at the meetings of the state boardsub-clause (3) of this clause provides that the all questions which come up before any meeting of the state board shall be decided by a majority of the votes of the members present and voting, and in the event of an equality of votes, the chairperson, or in his absence, the vice-chairperson shall have and exercise a second or casting votesub-clause (4) of this clause provides that the members, other than ex officio members, shall receive only compensatory travelling expenses for attending the meetings of the state boardclause 27—this clause relates to vacancies, etc, not to invalidate proceedings of state boardthis clause provides that no act or proceeding of the state board shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of the state board; or (b) any defect in the appointment of a person acting as a member of the state board; or (c) any irregularity in the procedure of the state board not affecting the merits of the case clause 28—this clause relates to disqualifications for appointment as membersub-clause (1) of this clause provides that the a person shall be disqualified for being appointed and continued as a member if, he—(a) has been adjudged as an insolvent; or(b) has been convicted of an offence, which in the opinion of the state government, involves moral turpitude; or (c) has become physically or mentally incapable of acting as a member; or (d) has acquired such financial or other interest, as is likely to affect prejudicially his functions as a member; or (e) has so abused his position, as to render his continuance in office prejudicial to the public interest; or (f) is a practicing member or an office bearer of any association representing surrogacy clinics, having financial or other interest likely to affect prejudicially, his function as a member; or (g) is an office bearer, heading or representing, any of the professional bodies having commercial interest in surrogacy or infertilitysub-clause (2) of this clause provides that the members referred to in sub-clause (f) of clause 24 shall not be removed from his office except by an order of the state government on the ground of his proved misbehaviour or incapacity after the state government, has, on an inquiry, held in accordance with the procedure prescribed in this behalf by the state government, come to the conclusion that the member ought on any such ground to be removedsub-clause (3) of this clause provides that the state government may suspend any member in respect of whom an inquiry under sub-clause (2) of clause 28 is being initiated or pending until the state government has passed an order on receipt of the report of the inquiryclause 29—this clause relates to temporary association of persons with state board for particular purposessub-clause (1) of this clause provides that the state board may associate with itself, in such manner and for such purposes as may be determined by the regulations, any person whose assistance or advice it may desire in carrying out any of the provisions of this actsub-clause (2) of this clause provides that a person associated with it by the state board under sub-clause (1) of clause 29 shall have a right to take part in the discussions relevant to that purpose, but shall not have a right to vote at a meeting of the state board and shall not be a member for any other purposeclause 30—this clause relates to authentication of orders and other instruments of state boardthis clause provides that all orders and decisions of the state board shall be authenticated by the signature of the chairperson and all other instruments issued by the state board shall be authenticated by the signature of the member-secretary of the state boardclause 31—this clause relates to eligibility of member for reappointment this clause provides that subject to the other terms and conditions of service as may be prescribed, any person ceasing to be a member shall be eligible for reappointment as such member however, that no member other than an ex officio member shall be appointed for more than two consecutive termsclause 32—this clause relates to appointment of appropriate authority sub-clause (1) of this clause provides that the central government shall, within a period of ninety days from the date of commencement of this act, by notification, appoint one or more appropriate authorities for each of the union territories for the purposes of this actsub-clause (2) of this clause provides that the state government shall, within a period of ninety days from the date of commencement of this act, by notification, appoint one or more appropriate authorities for the whole or part of the state for the purposes of this actsub-clause (3) of this clause provides that the appropriate authority, under sub-clause (1) or sub-clause (2) of clause 32, shall,—(a) when appointed for the whole of the state or the union territory, consist of— (i) an officer of or above the rank of the joint director of health and family welfare department—chairperson; (ii) an eminent woman representing womens' organisation—member; and (iii) an officer of law department of the state or the union territory concerned not below the rank of a deputy secretary—member;(iv) an eminent registered medical practitioner - member however, that any vacancy occurring therein shall be filled within one month of the occurrence of such vacancy; (b)when appointed for any part of the state or the union territory, be officers of such other rank as the state government or the central government, as the case may be, may deem fitclause 33—this clause relates to functions of appropriate authority this clause provides that the appropriate authority shall discharge the following functions, namely:—(a) to grant, suspend or cancel registration of a surrogacy clinic; (b) to enforce the standards to be fulfilled by the surrogacy clinics; (c) to investigate complaints of breach of the provisions of this act, rules and regulations made thereunder and take legal action as per provision of this act; (d) to take appropriate legal action against the use of surrogacy by any person at any place other than prescribed, suo motu or brought to its notice, and also to initiate independent investigations in such matter; (e) to supervise the implementation of the provisions of this act, rules and regulations made thereunder; (f) to recommend to the board and state boards about the modifications required in the rules and regulations in accordance with changes in technology or social conditions; (g) to take action after investigation of complaints received by it against the surrogacy clinics; and (h) to consider and grant or reject any application under the provisions of this act clause 34—this clause relates to powers of appropriate authoritiessub-clause (1) of this clause provides that the appropriate authority shall exercise the powers in respect of the following matters, namely:—(a) summoning of any person who is in possession of any information relating to violation of the provisions of this act, rules and regulations made thereunder; (b) production of any document or material object relating to sub-clause (a); (c) search any place suspected to be violating the provisions of this act, rules and regulations made thereunder; and (d) such other powers as may be prescribedsub-clause (2) of this clause provides that the appropriate authority shall maintain the details of registration of surrogacy clinics, cancellation of registration, renewal of registration, grant of certificates to the intending couple and surrogate mothers or any other matter pertaining to grant of licence, etc, of the surrogacy clinics in such format as may be prescribedclause 35—this clause relates to prohibition of commercial surrogacy, exploitation of surrogate mothers and children born through surrogacysub-clause (1) of this clause provides that the no person, organisation, surrogacy clinic, laboratory or clinical establishment of any kind shall—(a) undertake commercial surrogacy, provide commercial surrogacy or its related component procedures or services in any form or run a racket or an organised group to empanel or select surrogate mothers or use individual brokers or intermediaries to arrange for surrogate mothers and for surrogacy procedures, at such clinics, laboratories or at any other place; (b) issue, publish, distribute, communicate or cause to be issued, published, distributed or communicated any advertisement in any manner regarding commercial surrogacy by any means whatsoever, scientific or otherwise; (c) abandon or disown or exploit or cause to be abandoned, exploited or disowned in any form the child or children born through surrogacy; (d) exploit or cause to be exploited the surrogate mother or the child born through surrogacy in any manner whatsoever; (e) sell human embryo or gametes for the purpose of surrogacy and run an agency, a racket or an organisation for selling, purchasing or trading in human embryos or gametes for the purpose of surrogacy; (f) import or shall help in getting imported in whatsoever manner, the human embryo or human gametes for surrogacy or for surrogacy proceduressub-clause (2) of this clause provides that the notwithstanding anything contained in the indian penal code, contraventions of the provisions of sub-clause (1) of clause 35 by any person shall be an offence punishable with imprisonment for a term which shall not be less than ten years and with fine which may extend to ten lakh rupeessub-clause (3) of this clause provides that the for the purposes of this section, the expression "advertisement" includes any notice, circular, label, wrapper or any other document including advertisement through internet or any other media, in electronic or print form and also includes any visible representation made by means of any hoarding, wall-painting, signal light, sound, smoke or gas clause 36—this clause relates to punishment for contravention of provisions of actsub-clause (1) of this clause provides that the any registered medical practitioner, gynaecologists, pediatrician, human embryologists or any person who owns a surrogacy clinic or employed with such a clinic or centre or laboratory and renders his professional or technical services to or at such clinic or centre or laboratory, whether on an honorary basis or otherwise, and who contravenes any of the provisions of this act (other than the provisions referred to in clause 35), rules and regulations made thereunder shall be punishable with imprisonment for a term which shall not be less than five years and with fine which may extend to ten lakh rupeessub-clause (2) of this clause provides that the in case of subsequent or continuation of the offence referred to in sub-clause (1) of clause 36, the name of the registered medical practitioner shall be reported by the appropriate authority to the state medical council concerned for taking necessary action including suspension of registration for a period of five years clause 37—this clause relates to punishment for initiation of commercial surrogacythis clause provides that any intending couple or any person who seeks the aid of any surrogacy clinic, laboratory or of a registered medical practitioner, gynecologist, pediatrician, human embryologist or any other person for commercial surrogacy or for conducting surrogacy procedures for commercial purposes shall be punishable with imprisonment for a term which shall not be less than five years and with fine which may extend to five lakh rupees for the first offence and for any subsequent offence with imprisonment which may extend to ten years and with fine which may extend to ten lakh rupeesclause 38—this clause relates to penalty for contravention of provisions of act or rules for which no specific punishment is providedthis clause provides that whoever contravenes any of the provisions of this act, rules or regulations made thereunder for which no penalty has been elsewhere provided in this act, shall be punishable with imprisonment for a term which shall not be less than three years and with fine which may extend to five lakh rupees and in the case of continuing contravention with an additional fine which may extend to ten thousand rupees for every day during which such contravention continues after conviction for the first such contraventionclause 39—this clause relates to presumption in the case of surrogacy this clause provides that notwithstanding anything contained in the indian evidence act, 1872, the court shall presume, unless the contrary is proved, that the women or surrogate mother was compelled by her husband, the intending couple or any other relative, as the case may be, to render surrogacy services, procedures or to donate gametes for the purpose other than those specified in sub-clause (ii) of clause 4 and such person shall be liable for abetment of such offence under clause 37 and shall be punishable for the offence specified under that clauseclause 40—this clause relates to offence to be cognizable, non-bailable and noncompoundablethis clause provides that notwithstanding anything contained in the code of criminal procedure, 1973, every offence under this act shall be cognizable, non-bailable and noncompoundable clause 41—this clause relates to cognizance of offencessub-clause (1) of this clause provides that the no court shall take cognizance of any offence punishable under this act except on a complaint in writing made by—(a) the appropriate authority concerned, or any officer or an agency authorised in this behalf by the central government or the state government, as the case may be, or the appropriate authority; or (b) a person including a social organisation who has given notice of not less that fifteen days in the manner prescribed, to the appropriate authority, of the alleged offence and of his intention to make a complaint to the courtsub-clause (2) of this clause provides that the no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first class shall try any offence punishable under this actclause 42—this clause relates to certain provisions of the code of criminal procedure,1973 not to applythis clause provides that notwithstanding anything contained in the code of criminal procedure, 1973, chapter xxi a of the said code relating to plea of bargaining shall not apply to the offences under this act clause 43—this clause relates to maintenance of recordssub-clause (1) of this clause provides that the surrogacy clinic shall maintain all records, charts, forms, reports, consent letters, agreements and all the documents under this act and they shall be preserved for a period of twenty-five years or such period as may be prescribed: however, that, if any criminal or other proceedings are instituted against any surrogacy clinic, the records and all other documents of such clinic shall be preserved till the final disposal of such proceedingssub-clause (2) of this clause provides that all such records shall, at all reasonable times, be made available for inspection to the appropriate authority or to any other person authorised by the appropriate authority in this behalfclause 44—this clause relates to power to search and seize records, etc sub-clause (1) of this clause provides that if the appropriate authority has reason to believe that an offence under this act has been or is being committed at any surrogacy clinic or any other place, such authority or any officer authorised in this behalf may, subject to such rules as may be prescribed, enter and search at all reasonable times with such assistance, if any, as such authority or officers considers necessary, such surrogacy clinic or any other place and examine any record, register, document, book, pamphlet, advertisement or any other material object found therein and seize and seal the same if such authority or officer has reason to believe that it may furnish evidence of the commission of an offence punishable under this actsub-clause (2) of this clause provides that the provisions of the code of criminal procedure, 1973 relating to search and seizure shall apply, as far as may be, to all action taken by the appropriate authority or any officer authorised by it under this actclause 45—this clause relates to protection of action taken in good faith sub-clause (1) of this clause provides that no suit, prosecution or other legal proceeding shall lie against the central government or the state government or the appropriate authority or any officer authorised by the central government or the state government or by the appropriate authority for anything which is in good faith done or intended to be done in pursuance of the provision of this actclause 46—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 47—this clause relates to power to make rules this clause provides that the central government may, by notification and subject to the condition of pre-publication, make rules for carrying out the provisions of this actclause 48—this clause relates to power to make regulations this clause provides that the board may, with the prior approval of the central government, by notification, make regulations not inconsistent with the provisions of this act and the rules made thereunderclause 49—this 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 parliamentclause 50—this clause relates to transitional provision this clause provides that subject to the provisions of this act, there shall be provided a gestation period of ten months from the date of coming into force of this act to existing surrogate mothers' to protect their well beingclause 51—this clause relates to power to remove difficulties sub-clause (1) of this clause provides that the 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 the said act as appear to it to be necessary or expedient for removing the difficulty however, that no order shall be made under this section after the expiry of a period of two years from the date of commencement of this actsub-clause (2) of this clause provides that the every order made under this clause shall be laid, as soon as may be after it is made, before each house of parliament financial memorandumclause (4) of section 16 and section 26 of the surrogacy (regulation) bill, 2016 provides that for meetings of the national surrogacy board and state surrogacy board, the members, other than ex officio members, shall receive only compensatory travelling expenses for attending the meetings of such boards there will not be any financial implications except for the meetings of the national, state surrogacy boards and appropriate authorities which will be met out of the regular budget of the central government and state governments2 the bill does not involve any other expenditure of recurring or non-recurring nature from the consolidated fund of india memorandum regarding delegated legislationclause 47 of the bill seeks to empower the central government, by notification and subject to the condition of pre-publication, to make rules for carrying out the provisions of this act in particular, and without prejudice to the generality of the foregoing power, such rules may provide for—(a) the minimum qualifications for persons employed at a registered surrogacy clinic under clause (iii) of section 3; (b) the manner in which a person shall store human embryo or gamete under clause (vii) of section 3; (c) the insurance coverage in favour of the surrogate mother from an insurance company under item (iii) of sub-clause (a) of clause (iii) of section 4; (d) the number of attempts of surrogacy or providing of gametes under the proviso to item (iii) of sub-clause (b) of clause (iii) of section 4; (e) the form in which consent of a surrogate mother has to be obtained under clause (ii) of section 6; (f) the number of oocytes or embryos to be implanted in the surrogate mother under section 8; (g) the conditions under which the surrogate mother may be allowed for abortion during the process of surrogacy under section 9; (h) the form and manner in which an application shall be made for registration and the fee payable thereof under sub-section (2) of section 10; (i) the facilities to be provided, equipment and other standards to be maintained by the surrogacy clinics under sub-section (4) of section 10; (j) the, manner and form in which a certificate of registration shall be issued under sub-section (1) of section 11; (k) the manner in which the certificate of registration shall be renewed and the fee payable for such renewal under sub-section (3) of section 11; (l) the manner in which an appeal may be preferred under section 13; (m) the qualifications and experiences to the members as admissible under clause (f) of sub-section (2) of section 14; (n) the procedures for conducting an inquiry against the members under sub-section (2) of section 18; (o) the terms and conditions under which a member of the board eligible for re-appointment under section 21; (p) the other functions of the board under clause (f) of section 22; (q) the reports to be sent by the state and union territory boards to the board and the central government under clause (iii) of section 23; (r) the other functions of the state board under clause (iv) of section 23; (s) the qualifications and experiences to the members and the manner of their appointment under clause (f) of section 24; (t) the age of the person to be appointed as a member, referred to in clause (f) of section 24, under the proviso to clause (b) of sub-section (1) of section 25;(u) the procedures for conducting an inquiry against the members under sub-section (2) of section 28; (v) the conditions under which the members of state board eligible for reappointment under section 31; (w) appropriate legal action by appropriate authority under clause (d) of section 33; (x) the other powers of appropriate authority under clause (d) of sub-section (1) of section 34; (y) the particulars of the details of registration of surrogacy clinics, cancellation of registration etc in such format under sub-section (2) of section 34; (z) the manner of giving notice by a person under clause (b) of sub-section (1) of section 41;(za) the period up to which records, charts, etc, shall be preserved under sub-section (1) of section 43; (zb) the manner in which the seizure of documents, records, objects, etc, shall be made and the manner in which seizure list shall be prepared and delivered under sub-section (1) of section 44; and (zc) any other matter which is to be, or may be, or in respect of which provision is to be made by rules2 clause 48 of the bill empowers the board, with the prior approval of the central government, by notification, to make regulations not inconsistent with the provisions of this act and the rules made thereunder to provide for—(a) the fulfilment of any other condition under which eligibility certificate to be issued by the appropriate authority under item (iv) sub-clause (c) of clause (iii) of section 4; (b) the time and place of the meetings of the board and the procedure to be followed for the transaction of business at such meetings and the number of members which shall form the quorum under sub-section (1) of section 16; (c) the manner in which a person may be temporarily associated with the board under sub-section (1) of section 19; (d) the time and place of the meetings of the state board and the procedure to be followed for the transaction of business at such meetings and the number of members which shall form the quorum under sub-section (1) of section 26; (e) the manner in which a person may be temporarily associated with the board under sub-section (1) of section 29;and (f) any other matter which is required to be, or may be, specified 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 constitute national surrogacy board, state surrogacy boards and appointment of appropriate authorities for regulation of the practice and process of surrogacy and for matters connected therewith or incidental thereto————(shri jagat prakash nadda, minister of health and family welfare)gmgipmrnd—3014ls(s3)—11-11-2016 the surrogacy (regulation) bill, 2016 [to be/as introduced in lok sabha]1 page 3, line 12,- for ' "regulation" means regulations' read ' "regulations" means the regulations' 2 page 21, line 18,- for "pediatrician" read "paediatrician" 3 page 21, line 22,- for "pediatrician" read "paediatrician" 4 page 21, line 32,- for "pediatrician" read "paediatrician" 5 page 21, line 38,- for "pediatrician" read "paediatrician" 6 page 23, line 5 from the bottom,- for "counseling" read "counselling" 7 page 27, line 6,- for "sub-clause (1) of this clause" read "this clause" 8 page 27, line 34,- for "in case of " read "in the case of" 9 page 28, line 23,- for "that the a person " read "that a person" 10 page 30, line 28,- for "that the for the " read "that for the" 11 page 30, line 2 from the bottom,- for "gynecologist " read "gynacologist" 12 page 31, line 31,- for "not less that " read "not less than" 13 page 32, line 17,- for "sub-clause (1) of this clause " read "this clause" new delhi; november 16, 2016________ kartika 25, 1938 (saka)

Parliament_bills

9d7839e3-667e-5fef-bda9-7718c4d18e8d