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bill no xxxi of 2020 the insolvency and bankruptcy code (second amendment) bill, 2020 a billfurther to amend the insolvency and bankruptcy code, 2016be it enacted by parliament in the seventy-first year of the republic of india as follows:—short title and commencement1 (1) this act may be called the insolvency and bankruptcy code (second amendment) act, 20205(2) it shall be deemed to have come into force on the 5th day of june, 2020insertion of new section 10a2 after section 10 of the principal act, the following section shall be inserted, namely:—10suspension of initiation of corporate insolvency resolution process"10a (1) notwithstanding anything contained in sections 7, 9 and 10, no application for initiation of corporate insolvency resolution process of a corporate debtor shall be filed, for any default arising on or after 25th march, 2020 for a period of six months or such further period, not exceeding one year from such date, as may be notified in this behalf:provided that no application shall ever be filed for initiation of corporate insolvency resolution process of a corporate debtor for the said default occurring during the said period5explanation—for the removal of doubts, it is hereby clarified that the provisions of this section shall not apply to any default committed under the said sections before 25th march, 2020"amendment of section 663 in section 66 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:—10"(3) notwithstanding anything contained in this section, no application shall be filed by a resolution professional under sub-section (2), in respect of such default against which initiation of corporate insolvency resolution process is suspended as per section 10a"ord 9 of 2020repeal and savings4 (1) the insolvency and bankruptcy code (amendment) ordinance, 2020 is hereby repealed15(2) notwithstanding such repeal, anything done or any action taken under the said ordinance shall be deemed to have been done or taken under this act statement of objects and reasonsthe insolvency and bankruptcy code, 2016 (the code) was enacted to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnership firms and individuals in a time-bound manner for maximisation of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of government dues and to establish an insolvency and bankruptcy board of india2 in the light of the extraordinary economic situation caused by covid-19 pandemic, a need was felt to temporarily suspend initiation of corporate insolvency resolution process under the code, initially for a period of six months or such further period, not exceeding one year from 25th march, 2020, to provide relief to companies affected by covid-19 to recover from the financial stress without facing immediate threat of being pushed to insolvency proceedings the benefit of the above said suspension will be available to all those defaults of the corporate debtor that occur from 25th march, 2020 and till the end of the period of suspension3 in the aforesaid circumstances, it has become necessary to amend certain provisions of the code however, as the parliament was not in session and immediate action was required to be taken, the insolvency and bankruptcy code (amendment) ordinance, 2020 was promulgated by the president on the 5th day of june, 20204 the insolvency and bankruptcy code (second amendment) bill, 2020 which seeks to replace aforesaid ordinance, inter alia, provide for the following, namely:—(a) to insert a new section 10a in the code to provide for temporary suspension of sections 7, 9 and 10 in respect of any default arising on or after 25th march, 2020 for a period of six months or such further period, not exceeding one year from such date, as may be notified in this behalf; and(b) to insert a new sub-section (3), in section 66 of the code to provide that no application shall be filed by a resolution professional under sub-section (2), in respect of such default against which initiation of corporate insolvency resolution process is suspended as per section 10a5 the bill seeks to achieve the above objectivesnew delhi;nirmala sitharamanthe 9th september, 2020 financial memorandumthe bill, if enacted, would not involve any expenditure, either recurring or non-recurring from the consolidated fund of india memorandum regarding delegated legislationclause 2 of the bill seeks to insert a new section 10a after section 10 of the code which confers power to the central government to notify such other date, not exceeding one year for any default arising on or after the 25th march, 2020 for which application for initiation of corporate insolvency resolution process under sections 7, 9 and 10 shall not be filed2 the matter in respect of which the above mentioned notification may be made is of procedure and administrative detail, and as such, it is not practical to provide for them in the proposed bill itself the delegation of legislative power is, therefore, of a normal character rajya sabha———— a billfurther to amend the insolvency and bankruptcy code, 2016————(smt nirmala sitharaman, minister of finance and minister of corporate affairs)

Parliament_bills

11af966c-c0a6-5758-bb83-93d8bf49f5ae

bill no lii of 2008 the representation of the people (second amendment) bill, 2008 a billfurther to amend the representation of the people act, 1950 and the representation of the people act, 1951be it enacted by parliament in the fifty-ninth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the representation of the people (second 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, appoint chapter ii amendments to the representation of the people act, 19502 in section 24 of the representation of the people act, 1950,—43 of 1950amendment of section 24(i) in clause (a), for the words "chief electoral officer", the words "district magistrate or additional district magistrate" shall be substituted;(ii) after clause (a), the following clause shall be inserted, namely:—"(b) to the chief electoral officer, from any order of the district magistrate or the additional district magistrate under clause (a) above"43 of 1950amendment of the second schedule3 in the second schedule to the representation of the people act, 1950, against serial number 18 relating to the state of mizoram, in column 7, for the entry "38", the entry "39" shall be substituted chapter iii amendments to the representation of the people act, 195143 of 1951amendment of section 8a4 in the representation of the people act, 1951 (hereinafter referred to as the principal act), in sub-section (1) of section 8a, for the words "as soon as may be after such order takes effect", the words "as soon as may be within a period of three months from the date such order takes effect" shall be substituted5 in section 34 of the principal act, in sub-section (1),—amendment of section 34(i) in clause (a), for the words "a sum of ten thousand rupees or where the candidate is a member of a scheduled caste or scheduled tribe, a sum of five thousand rupees", the words "a sum of twenty-five thousand rupees or where the candidate is a member of a scheduled caste or scheduled tribe, a sum of twelve thousand five hundred rupees" shall be substituted;(ii) in clause (b), for the words "a sum of five thousand rupees or where the candidate is a member of a scheduled caste or scheduled tribe, a sum of two thousand five hundred rupees", the words "a sum of ten thousand rupees or where the candidate is a member of a scheduled caste or scheduled tribe, a sum of five thousand rupees" shall be substituted 6 in section 123 of the principal act, in clause (7),—amendment of section 123(i) for the words "from any person in the service of the government", the words"from any person whether or not in the service of the government" shall be substituted;(ii) after sub-clause (g), the following sub-clause shall be inserted, namely:—"(h) class of persons in the service of a local authority, university, government company or institution or concern or undertaking appointed or deputed by the election commission in connection with the conduct of elections:"48 of 19517 after section 126 of the representation of the people act, 1951, the following sections shall be inserted, namely:—insertion of new sections 126a and126b126a (1) no person shall conduct any exit poll and publish or publicise by means of the print or electronic media or disseminate in any other manner, whatsoever, the result of any exit poll during such period, as may be notified by the election commission in this regardrestriction on publication and dissemination of result of exit polls, etc(2) for the purposes of sub-section (1), the election commission shall, by a general order, notify the date and time having due regard to the following, namely:— (a) in case of a general election, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the poll in all the states and union territories;(b) in case of a bye-election or a number of bye elections held together, the period may commence from the beginning of the hours fixed for poll on from the first day of poll and continue till half an hour after closing of the poll:provided that in case of a number of bye-elections held together on different days, the period may commence from the beginning of the hours fixed for poll on the first day of poll and continue till half an hour after closing of the last poll (3) any person who contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to two years or with fine or with bothexplanation— for the purposes of this section,—(a) ''exit poll'' means an opinion survey respecting how electors have voted at an election or respecting how all the electors have performed with regard to the identification of a political party or candidate in an election;(b) ''electronic media'' includes internet, radio and television including internet protocol television, satellite, terrestrial or cable channels, mobile and such other media either owned by the government or private person or by both;(c) ''print media'' includes any newspaper, magazine or periodical, poster, placard, handbill or any other document;(d) ''dissemination'' includes publication in any 'print media' or broadcast or display on any electronic mediaoffences by companies126b (1) where an offence under sub-section (2) of section 126a 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 exercised all due diligence to prevent the commission of such offence(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordinglyexplanation— for the purpose of this section,—(a) "company" means any body corporate, and includes a firm or other association of individual; and(b) "director" in relation to a firm means a partner in the firm' statement of objects and reasons0in any parliamentary form of government and in a democracy, the process of election has to be free, fair and equitable during the years, it has been felt that it is necessary to take some need-based measures to remove certain loopholes noticed in the representation of the people act, 1950 (43 of 1950) and the representation of the people act, 1951 (43 of 1951) in july, 2004, the election commission of india had forwarded a set of 22 proposals on electoral reforms to the government for consideration2 while considering the proposals of the election commission, it was considered appropriate to examine certain proposals in respect of the electoral reforms the following five proposals have been examined by the government which relates to amendments of the aforesaid acts of 1950 and 1951 the said amendments are as follows:—(a) the representation of the people act, 1950:—appointment of the appellate authority within the district against the orders of the electoral registration officers (amendment of section 24);(b) the representation of the people act, 1951:—(i) simplification of procedure for disqualification of a person found guilty of corrupt practices (specifying a time limit in section 8a);(ii) increase in the security deposit of the candidates nominated for elections (amendment of section 34);(iii) inclusion in section 123(7) of all officials appointed in connection with the conduct of elections so as to bring them within the ambit of corrupt practices, if they indulge in furtherance of the prospects of the candidates at elections; and(iv) restricting the publication of results of all exit polls by whatever means till the last poll in an election is held, by insertion of new sections 126a and 126b this is considered necessary due to the complexities of the election process, which is increasing day-by-day, and as such elections are being held in several phases in such staggering of election schedules over a large period of time it is felt that the telecast of exit polls after each phase of polling affects the outcome in the subsequent phase of elections it is believed that such telecast of exit polls affect the turnout of voters' also4 the representation of the people (second amendment) bill, 2008 seeks to achieve the above said objectivesnew delhi; hans raj bhardwajthe 20th october, 2008 annexure extract from the representation of the people act, 1950 (43 of 1950) 24 an appeal shall lie with such time and such manner as may be prescribed—appeals(a) to the chief electoral officer, from any order of the electoral registration officer under section 22 or section 23 the second schedule(see sections 7 and 7a)total number of seats in the legislative assembliesname of the state/number of seats in the housenumber of seats in the houseunion territoryas constituted on the basis ofas subsequently constitutedthe delimitation of parliamentaryas per the delimitation ofand assembly constituenciesparliamentary and assemblyorder, 1976 as amended fromconstituencies order, 2008time to timetotalreservedreservedtotolreservedreservedfor thefor thefor thefor thescheduled scheduledscheduled scheduledcastestribescastestribes12345671 states:18 mizoram40394038 extracts from the representation of the people act, 1951 (43 of 1951)| | | | | ||------|------|------|------|-----|disqualification on ground of corrupt practices8a (1) the case of every person found guilty of a corrupt practice by an order under section 99 shall be submitted, as soon as may be after such order takes effect, by such authority as the central government may specify in this behalf, to the president for determination of the question as to whether such person shall be disqualified and if so, for what period:provided that the period for which any person may be disqualified under this subsection shall in no case exceed six years from the date on which the order made in relation to him under section 99 takes effect deposits34 (1) a candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited,—(a) in the case of an election from a parliamentary constituency, a sum of ten thousand rupees or where the candidate is a member of a scheduled caste or scheduled tribe, a sum of five thousand rupees; and(b) in the case of an election from an assembly or council constituency, a sum of five thousand rupees or where the candidate is a member of a scheduled caste or scheduled tribe, a sum of two thousand five hundred rupees: provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him under this sub-section part vii corrupt practice and electoral offences chapter i—corrupt practicescorrupt practices123 the following shall be deemed to be corrupt practices for the purposes of this act,— (7) the obtaining or procurring or attempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his election agent any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the government and belonging to any of the following classes, namely:—(a) gazetted officers; (b) stipendiary judges and magistrates; (c) memebrs of the armed forces of the union; (d) members of the police forces; (e) excise officers;(f) revenue officers other than village revenue officers known as lambardars, malguzars, patels, deshmukhs or by any other name, whose duty is to collect land revenue and who are remunerated by a share of, or commission on, the amount of land revenue collected by them but who do not discharge any police functions; and(g) such other class of persons in the service of the government as may be prescribed: provided that where any person, in the service of the government and belonging to any of the classes aforesaid, in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate's election ———— a billfurther to amend the representation of the people act, 1950 and the representation of the people act, 1951————(shri hans raj bhardwaj, minister of law and justice)gmgipmrnd—3633rs(s5)—23102008

Parliament_bills

28bc40c9-e949-5f40-9371-952b9b93df2c

the foreigners la ws (amendment) bill, 1956(as introduced in lok sabra) the foreigners laws (amendment) bill, 1956 (as introduced in lok sabra)a bill furt'her to amend the foreigners act, 1946, and the regist'ro-!\ion of foreigners act, 1939 be it enacted by parliament in the seventh year of the republic of india as follows:-1 this act may' be called the foreigners laws (amendment) short title act, 1956 31 of 1946 , z in the foreigners act, 1946 (hereinafter referred to as the ameddjdeat foreigners act), in section 2, for clause (a), the following clause of scc:tion 2 shall be substituted, namely:-'(a) "foreigner" means a person who is not a citizen of india;' o 3 in section 3 of the foreigners act, in sub-section (2), the amendment i brackets, letter and words" (g) shall be arrested and detained or con- of section 3· fined;" shall be omitted 20 4 (1) after section 3 of the foreigners act, the following sec- idsertioll of tion shall be inserted, namely:-deaw section 3 - "3a (1) the central government may, by order, declare p t that all or any of the provisions of this act or of any order made c=~t 0 thereunder shall not apply, or shall apply only in such circum- ~~_of stances or with such exceptions or modifications or subject to w~lth couq-such conditions as may be specified in the order, to or in relation :::::r;:!eons to-· from application of act in (a) the citizens of any such commonwealth country as certain cuet may be so specified; or (b) any other individual foreigner or class or description of foreigner (2) a copy of every order made under this section shall be placed on the table of both houses of parliament as soon as may be after it is made" s 5 in section 4 of the foreigners act,-ameddment of section 4 (a) sub-section (1) shall be omitted; '<m for sub-sections (3)- and (4), the following sub-sections shall be substituted, namely:-"(3) no person shall-10 (a) knowingly assist a person on parole to escape from the place set ,p~ for his residence or knowingly harbour any such ·p1!tson, or (b) give a persanqn ~role any assistance with intent thereby to prevent, 'hinder or interfere with the is apprehension of·· such' person (4) ne central gpven1ment ~ by order,provide for regula ting access to, and the conduct of persons in, places where persons on parole are restricted, and for prohibiting orregulattag tile despatch, conv&yaace -from ou~ 20 siliesuchplates tool'- foruidl-permns themn ,oieuch articles as may be prescribed" 6 in section 5 of the foreignersa:et,;in s\lbseetion '(8), the word amendment "royal" shall be omitted of section , 7 seetion to of the forejgnea ~t shall be omitted 2s omission of aec:don 10 16 of 1939 8 in the registration of foreigners a'et, 1ts9, 'hi '~ior 2, for amendment clause (a), the following-dal sh4lu,ltqn~tijuted,jl6~ely:-ofsections '(a) "foreigner" means a person who is 'not a citizen of india;' with the enagtment· of the citizenship act, 1955, which came into force on the 30th december, i, the definition of the term 'foreigner', both in the re~istration of foreigners act, 1939 (16 of 1939) and the foreigners act, 1946 (31 of 1'946) has become out of date it is, therefore, necessary to amend it so as to include within its scope all persons who are not citizens of india the bill is intended to attain this object, but powers' are being taken at the same time to exempt· by the islue of a special order the citizens of any commonwealth country :even in· the case of citizens of any such country, power will be available to- apply all· or any of the provisions of the act in individual cases' i g b pant new delhi; the 19th november, 1956 ' annexure •- extracts from the f~reigners act, 1946 (31 of 1946) - •z in this act -(a) "foreigner" means a person who"-(i) is not a natural-born british subject as defined in sub-sections (1) and (2) of section 1 of the british nationality and status of aliens act, 1914, or (ii) has not been granted a certificate of naturalisation as a british subject under any law for the time being in force in india, or (iii) is not a citizen of india; - - - - - pow~ to miite orders 3 (1) - - - - (2) in particular and without prejudice to the generality of the foregoing power, orders made under this section may provide that the foreigner -(a) shall not enter india, or shall enter india only at such times and by such route and at such port or place and subject to the gbservance of such conditions on arrival as may be prescribed; (b) shall not depart from india, or shall depart only at such times and by such route and from such port or place and subject to the observance of such conditions on departure as may be prescribed; (c) shall not remain in india or in any prescribed area therein; (cc) shall, if he has been required by order under this section not to remain in india, meet from any resources at his disposal the cost of his removal from india and of his maintenance therein pending such removal; (d) shall remove himself to, and remain in, such area in india as maybe prescribed; (e) shall comply with such conditions as may be prescribed or specified -(i) requiring him to reside in a particular place; (ii) imposing any restrictions on his movements; (iii) requiring him to furnish such proof of his identity and to report such particulars to such authqrity in such manner and at such time and place as may be prescribed or specified; (iv) requiring him to allow his photograph and finger impressions to be taken and to furnish specimens of his handwriting and signature to such authority and at such time and place as may be prescribed or specified; (v) requiring him to submit himself to such medical examination by such authority and at such time and place as may be prescribed or specified; (vi) prohibiting him from association with persons of a prescribed or specified description; (vii) prohibiting him from engaging in activities of a prescribed or specified description; (viii) prohibiting him from using or possessing prescribed or specified articles; (ix) otherwise regulating his conduct in any such parti· cular as may be prescribed or specified; (f) shall enter into a bond with or without suret:es for the due observance of, or as an alternative to the enforcement of, any or all prescribed or specified restrictions or conditions; (g) shall be arrested and detained or confined; and may make provision for any matter which is to be or may be prescribed and for such incidental and supplementary matters as may, in the opinion of t£e central government, be expedient or necessary for giving effect to this act - - - - internees 4 (1) any foreigner (hereinafter referred to as an internee) in respect of whom there is in force any order made under clause (g) of sub-section (2) of section 3, directing that he be detained or confined, shall be detained or confined in such place and manner and subject to such conditions as to maintenance, discipline and the punishment of offences and breaches of discipline as the central government may from time to time determine ~ nb, pe'psoii' shaft -change of name (a) knowingly assist an internee or a person on parole to escape:- freal custody 01' the place set apart ftjr his' residence, or knowingly harbour: an escaped internee or person on parole, or (b) give an escaped internee or a person on parole any assistance with intent thereby to prevent, hinder or int'erfere with the apprehension of the internee or the person on parolt!; (4) the central government may by order provide for regulating access to, and the conduct of persons in, places in india where internees> op persons on, parole are detained or l"ebtricted; as the case may }je, ad, far prohibiting or regul8t~ng the despattm· or conveyar()el fiom outside'such plees to or for in41errteee of' penons on parole thereiit- of sum articles· as may be pl'ebcribed\· - - - - - 51 (1)1 - - - (5), notdairgdnthis seetion shau apply to,thlhls81intption or use-(a) of any name in pursuance of' a rbyar m~ or permission, gl:anted by the centtal government;, or (b) by any married woman; of het> husband!9 l1amttl - - - - power to 10 the central government may by order dsclar~ that any or ::~~r~~m all of the provisions of this act or the orders made thereunder of act shan' not' iippl)" or shan apply only with such modtfications or subject to such conditions as may be specified; to or in relation to any iddtfiidttai< funrigner or- bi1}1 ctl8t!ib or- descriptiol't oi flmetgjier deflditiods ex'llwl'ls from thb regis'l'r'adon of forelcini:u act, 1939, (16 of 1939) - - - - - z· 10; this act-(u); tt\-e- wrord "foreigner"· shail denote a person· who' is not -(i) a british subject domiciled in the united' iiingdom; or (iijf 8' citizen' of' india; or - - - - (iw) ii' person duly appoihted' by a foreign govemmenf tb, ekert!fse diplomatic functions; or (v) b consul or a vice-consul; - •• - a bill further to amend the foreigners act, 1946, and the registration of foreigners act, 1939-(shri gooind ballabh pant, minister of home affairs)

Parliament_bills

541f746a-181a-599c-993d-12c4697a5daf

bill no 247 of 2015 the state of telangana (special category status and financial assistance) bill, 2015 byshri vinod kumar boianapalli, mpa billto confer special category status to the state of telangana, provide for special financialassistance to the state for the purposes of promoting the welfare of the scheduledcastes, the scheduled tribes and the other backward sections of citizens,development of backward districts and exploitation and proper utilizationof its resources and for matters connected therewithbe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 (1) on and from the date of commencement of this act, the state of telangana shall have the status of a special category state5special category status to the state of telangana(2) the special category status to the state of telangana shall entitle the state with such benefits as the central government may, by notification in the official gazette, specify(3) without prejudice to the generality of the foregoing provision, the state of telangana shall be entitled to the following benefits:—10(a) special central financial assistance through grants or loans on the basis of90:10 ratio with 90 per cent to be contributed by the central government and 10 per cent to be contributed by the state government;(b) such fiscal incentives and concessions in excise and custom duties, income tax rates and corporate tax rates, as may be deemed necessary, to promote industrialization and economic growth; and(c) allocation of adequate funds for specific development projects15special financial assistance203 there shall be paid such sums of money out of the consolidated fund of india, every year, as parliament may by due appropriation by law provide, as special financial assistance to the state of telangana to meet the costs of such schemes of development, as may be undertaken by the state with the approval of the union government, for the purpose of—(i) promoting the welfare of the scheduled castes, the scheduled tribes, the minorities and the other backward classes of citizens;(ii) development and proper utilization of the resources in the state; and25(iii) development of backward areas including expansion of social and physical infrastructureraising the ceiling on borrowings4 notwithstanding anything contained in any recommendations or guidelines of the central government fixing a limit on the net proceeds of borrowings by the state governments, the government of the state of telangana may raise resources through borrowing upto 349 per cent of its gross state domestic product to eliminate revenue deficit305 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not in derogation of other laws statement of objects and reasonsthe new state of telangana breathed life on june 2, 2014 after more than half a century of struggle and owing to the results of a democratic movement that has been unrivalled in modern india the historical injustice and exploitation faced by the region has compelled it to begin its existence in a highly backward condition nine out of ten districts of the state of telangana were identified by the centre as backward and were under the backward regions grant fund (brgf) the telangana region in the undivided andhra pradesh faced severe infrastructural and development deficits, incidents of drought, water and electricity shortages and suicide by farmersin order to address these challenges, financial assistance in various forms is required from the centre, particularly under the backward regions grant fund, which has since been discontinued with nine out of ten districts being officially designated as backward, the state of telangana should be accorded a special category status statesub-sections (1) and (2) of section 94 of the andhra pradesh reorganisation act, 2014provides that the centre shall support both andhra pradesh and telangana states in their development endeavour through various measures, including tax incentives the special package which has been provided to the state of andhra pradesh should therefore be extended to the state of telangana also as conditions being faced by the people of the state of telangana are similar to those being faced by the people in certain parts of odisha, madhya pradesh and uttar pradesh, it becomes necessary that special plans like the koraput-bolangir-kalahandi (kbk) special plan of odisha and the bundelkhand plan for madhya pradesh and uttar pradesh should also be implemented in the state of telanganaas all these efforts require increased amounts of expenditure, the fiscal responsibility budget management guidelines for raising resources through borrowings for the state of telangana should be upto 349 per cent of gross state domestic product such a step of providing financial assistance to the state of telangana would go a long way in building a stronger nationhence this billnew delhi;vinod kumar boianapalli6th may, 2015 ———— president's recommendation under articles 117(1), 274(1) and 117(3) of the constitution[copy of letter no 42(4) pf-i/2015 dated 23 july, 2015 from shri jayant sinha, minister of state in the ministry of finance to the secretary general, lok sabha]the president, having been informed of the subject matter of the state of telangana(special category status and financial assistance) bill, 2015 by shri vinod kumar boianapalli, mp, recommends introduction and consideration of the bill in lok sabha under articles 117(1), 274(1) and 117(3), respectively, of the constitution financial memorandumclause 2 of the bill provides for according special category status to the state of telangana it further provides that the central government shall extend special financial assistance through grants, loans, fiscal incentives and concessions in excise and custom duties, income tax rates, corporate tax rates for industrialisation and economic growth and allocation of funds for specific development projects clause 3 provides that there shall be paid such sums of moneys out of the consolidated fund of india every year, as parliament may by due appropriation by law provide, as special financial assistance to the state of telangana to meet the costs of such schemes of development, as may be undertaken by the state with the approval of the union governmentthe bill, therefore, on enactment, will involve expenditure from the consolidated fund of india as the sums of money which will be given to the state of telangana as special financial assistance will be known only after the welfare schemes to be implemented by the state government with the approval of union government are identified, it is not possible to give at this stage the estimates of recurring expenditure, which would be involved out of the consolidated fund of indiano non-recurring expenditure is likely to be involved out of the consolidated fund of india———— a billto confer special category status to the state of telangana, provide for special financialassistance to the state for the purposes of promoting the welfare of the scheduledcastes, the scheduled tribes and the other backward sections of citizens,development of backward districts and exploitation and proper utilizationof its resources and for matters connected therewith————(shri vinod kumar boianapalli, mp)

Parliament_bills

9ef07118-b63d-5ef8-b91f-b2c9c085bcbf

bill no 114 of 2020 the banking regulation (amendment) bill, 2020 a billfurther to amend the banking regulation act, 1949be it enacted by parliament in the seventy-first year of the republic of india as follows:—1 (1) this act may be called the banking regulation (amendment) act, 2020short title and commencement(2) it shall be deemed to have come into force on the 26th day of june, 2020, except section 4, which, in so far as it relates to––5(i) primary co-operative banks, be deemed to have come into force on the 29th dayof june, 2020;(ii) state co-operative banks and central co-operative banks, come into force onsuch date as the central government may by notification in the official gazette, appoint:provided that different dates may be appointed for state co-operative banks andcentral co-operative banks and any reference in any such provision to thecommencement of this act shall be construed as a reference to the coming into force of that provision10 of 19492 in the banking regulation act, 1949 (hereinafter referred to as the principal act), for section 3, the following section shall be substituted, namely:—substitution of new section for section 3561 of 1981"3 notwithstanding anything contained in the national bank for agriculture and rural development act, 1981, this act shall not apply to––(a) a primary agricultural credit society; or act not to apply to certain cooperative societies(b) a co-operative society whose primary object and principal business is providing of long-term finance for agricultural development,10if such society does not use as part of its name, or in connection with its business, the words "bank", "banker" or "banking" and does not act as drawee of cheques" 3 in section 45 of the principal act,—amendment of section 45(i) in the marginal heading, for the word "reconstitution", the word"reconstruction" shall be substituted;15(ii) in sub-section (3), after the words "other creditors", the words "or grant any loans or advances or make investments in any credit instruments" shall be inserted;(iii) in sub-section (4), after the words "during the period of moratorium", the words "or at any other time" shall be inserted;20(iv) in sub-section (5), in clauses (e), (i) and (j), for the words "date of the order of moratorium", the words "reconstruction or amalgamation" shall be substituted;(v) in sub-section (6), in clause (a), for the word "amalgamation", the words"reconstruction or amalgamation" shall be substituted;(vi) in sub-section (15), the words "or a subsidiary bank" shall be omitted4 in section 56 of the principal act,—amendment of section 5625(a) in the opening portion, for the words "the provisions of this act, as in force for the time being,", the words "notwithstanding anything contained in any other law for the time being in force, the provisions of this act" shall be substituted;(b) in clause (a), after sub-clause (ii), the following sub-clauses shall be inserted, namely:—30'(iii) references to "memorandum of association" or "articles of association" shall be construed as references to bye-laws;1 of 1956(iv) references to the provisions of the companies act, 1956, except in part iii and part iiia, shall be construed as references to the corresponding provisions, if any, of the law under which a co-operative bank is registered;35(v) references to "registrar" or "registrar of companies" shall be construed as references to "central registrar" or "registrar of co-operative societies", as the case may be, under the law under which a co-operative bank is registered;'; (c) clause (d) shall be omitted;(d) in clause (e), sub-clauses (i) and (iii) shall be omitted;40(e) in clause (f), in section 7 as so substituted, in sub-section (2),—(i) in clause (b), the words "or co-operative land mortgage banks" shall be omitted;(ii) in clause (c), in sub-clause (ii), the words "or a co-operative land mortgage bank" shall be omitted; (f) clauses (fi), (fii) and (g) shall be omitted;(g) for clause (i), the following clause shall be substituted, namely:—'(i) for section 12, the following section shall be substituted, namely:—5"12 (1) a co-operative bank may, with the prior approval of the reserve bank, issue, by way of public issue or private placement,—(i) equity shares or preference shares or special shares, on face value or at premium; andissue and regulation of paid-up share capital and securities by co-operative banks10(ii) unsecured debentures or bonds or other like securities with initial or original maturity of not less than ten years,15to any member of such co-operative bank or any other person residing within its area of operation, subject to such conditions and ceiling, limit or restriction on its issue or subscription or transfer, as may be specified by the reserve bank in this behalf(2) save as otherwise provided in this act,—(i) no person shall be entitled to demand payment towards surrender of shares issued to him by a co-operative bank; and20(ii) a co-operative bank shall not withdraw or reduce its share capital, except to the extent and subject to such conditions as the reserve bank may specify in this behalf";';(h) clauses (l), (n) and (p) shall be omitted; (i) in clause (q), sub-clauses (ii) and (iv) shall be omitted; (j) clauses (r), (ria) and (sa) shall be omitted;25(k) in clause (t), sub-clause (i) shall be omitted;(l) clauses (u), (v), (x), (y), (z) and (za) shall be omitted;(m) in clause (zaa),—(a) in section 36aaa as so inserted,—(i) for the words "multi-state co-operative bank", wherever they occur, the words "co-operative bank" shall be substituted;30(ii) in sub-section (1), the following proviso shall be inserted, namely:—35"provided that in the case of a co-operative bank registered with the registrar of co-operative societies of a state, the reserve bank shall issue such order in consultation with the concerned state government seeking its comments, if any, within such period as the reserve bank may specify"; (iii) after sub-section (9), the following sub-section shall be inserted, namely:—40"(10) the provisions of section 36aca shall not apply to a co-operative bank";(b) section 36aab as so inserted shall be omitted;(n) for clause (zb), the following clause shall be substituted, namely:—"(zb) part iic shall be omitted;";(o) in clause (zc), sub-clause (i) shall be omitted; (p) clauses (zd) and (zf) shall be omitted;(q) for clause (zg), the following clause shall be substituted, namely:—5'(zg) in section 49b, references to "central government" shall be construed as references to "central registrar" or "registrar of co-operative societies", as the case may be, under the law under which a co-operative bank is registered;'; (r) clause (zh) shall be omitted;(s) for clause (zj), the following clause shall be substituted, namely:—'(zj) after section 53, the following section shall be inserted, namely:—10powers to exempt co-operative banks in certain cases15"53a notwithstanding anything contained in any other provisions of this act, the reserve bank may, from time to time, on being satisfied that it is necessary so to do, declare, by notification in the official gazette, that the provisions of item (iii) of clause (b) of sub-section (1) and sub-section (2), of section 10, clause (a) of sub-section (2) of section 10a, sub-section (1a) of section 10b and clause (b) of sub-section (1) of section 35b of this act shall not apply to a co-operative bank or class of co-operative banks, either generally or for such period as may be specified therein, subject to such conditions, limitations or restrictions as it may think fit to impose";'205 (1) the banking regulation (amendment) ordinance, 2020 is hereby repealedrepeal and savingsord 12 of 202010 of 1949 (2) notwithstanding such repeal, anything done or any action taken under the banking regulation act, 1949, as amended by the said ordinance, shall be deemed to have been done or taken under the corresponding provisions of the said act as amended by this act statement of objects and reasonsthe banking regulation act, 1949 was enacted to consolidate and amend the law relating to banking section 3 of the said act provides that the act shall not apply to certain co-operative societies, except in the manner and to the extent specified therein section 45 empowers the reserve bank of india for suspension of business by a banking company and to prepare a scheme of reconstruction or amalgamation during the order of moratorium part v thereof provides for the application of the banking regulation act, 1949 to co-operative banks, subject to certain modifications specified in section 562 certain amendments were considered necessary in the said act to provide for better management and proper regulation of co-operative banks and to ensure that the affairs of the co-operative banks are conducted in a manner that protects the interests of the depositors, by increasing professionalism, enabling access to capital, improving governance and ensuring sound banking through the reserve bank of india accordingly, the banking regulation (amendment) bill, 2020 was introduced in lok sabha on the 3rd march, 2020, but the same could not be passed3 further amendments were proposed to be made in section 45 of the act to enable the reserve bank of india to make a scheme to protect the interests of the public, the banking system, depositors or to secure the banking company's proper management, without first making an order of moratorium so as to avoid disruptions in the financial system4 as the economic situation arising from the covid-19 pandemic had increased the stress in both co-operative banks and banking companies, there was an immediate need for legislation in this regard as parliament was not in session, the banking regulation (amendment) ordinance, 2020 was promulgated by the president of india on the 26th day of june, 2020 under clause (1) of article 123 of the constitution5 the banking regulation (amendment) bill, 2020 which seeks to replace the banking regulation (amendment) ordinance, 2020 (ord 12 of 2020) provides for the following, namely:—(i) substitution of section 3 to provide that the act shall not apply to—(a) a primary agricultural credit society; or (b) a co-operative society whose primary object and principal business isproviding of long term finance for agricultural development,if such society does not use as part of its name, or in connection with its business, the words "bank", "banker" or "banking" and does not act as drawee of cheques;(ii) amendment of section 45 to address the potential disruptions in the financial system by providing for the reserve bank of india to prepare a scheme for the reconstruction or amalgamation of the banking company without the necessity of first making an order of moratorium;(iii) amendment of section 56 to provide that notwithstanding anything contained in any other law for the time being in force, the provisions of the act shall apply to co-operative societies, subject to the modifications specified therein 6 the bill seeks to replace the aforesaid ordinancenew delhi;nirmala sitharamanthe 3rd september, 2020 annexure extracts from the banking regulation act, 1949 (10 of 1949) [10] m c3 nothing in this act shall apply to—(a) a primary agricultural credit society; (b) a co-operative land mortgage bank; and act to apply to cooperative societies in certain cases(c) any other co-operative society, except in the manner and to the extent specified in part v [10] m c45 (1) (3) except as otherwise provided by any directions given by the central government in the order made by it under sub-section (2) or at any time thereafter, the banking company shall not during the period of moratorium make any payment to any depositors or discharge any liabilities or obligations to any other creditors(4) during the period of moratorium, if the reserve bank is satisfied that—(a) in the public interest; or (b) in the interests of the depositors; or (c) in order to secure the proper management of the banking company; or power of reserve bank to apply to central government for suspension of business by a banking company and to prepare scheme of reconstitution or amalgamation(d) in the interests of the banking system of the country as a whole, it is necessary so to do, the reserve bank may prepare a scheme—(i) for the reconstruction of the banking company, or (ii) for the amalgamation of the banking company with any other banking institution (in this section referred to as "the transferee bank") (5) the scheme aforesaid may contain provisions for all or any of the following matters, namely:— (e) subject to the provisions of the scheme, the continuation by or against the banking company on its reconstruction or, as the case may be, the transferee bank, of any actions or proceedings pending against the banking company immediately before the date of the order of moratorium; 14 of 1947(i) the continuance of the services of all the employees of the banking company(excepting such of them as not being workmen within the meaning of the industrial disputes act, 1947 are specifically mentioned in the scheme) in the banking company itself on its reconstruction or, as the case may be, in the transferee bank at the same remuneration and on the same terms and conditions of service, which they were getting or, as the case may be, by which they were being governed, immediately before the date of the order of moratorium:provided that the scheme shall contain a provision that—(i) the banking company shall pay or grant not later than the expiry of the period of three years from the date on which the scheme is sanctioned by the central government, to the said employees the same remuneration and the same terms and conditions of service as are, at the time of such payment or grant, applicable to employees of corresponding rank or status of a comparable banking company to be determined for this purpose by the reserve bank (whose determination in this respect shall be final);(ii) the transferee bank shall pay or grant not later than the expiry of the aforesaid period of three years, to the said employees the same remuneration and the same terms and conditions of service as are, at the time of such payment or grant, applicable to the other employees of corresponding rank or status of the transferee bank subject to the qualifications and experience of the said employees being the same as or equivalent to those of such other employees of the transferee bank:provided further that if in any case under clause (ii) of the first proviso any doubt or difference arises as to whether the qualification and experience of any of the said employees are the same as or equivalent to the qualifications and experience of the other employees of corresponding rank or status of the transferee bank, the doubt or difference shall be referred, before the expiry of a period of three years from the date of the payment or grant mentioned in that clause, to the reserve bank whose decision thereon shall be final;14 of 1947(j) notwithstanding anything contained in clause (i) where any of the employees of the banking company not being workmen within the meaning of the industrial disputes act, 1947 are specifically mentioned in the scheme under clause (i), or where any employees of the banking company have by notice in writing given to the banking company or, as the case may be, the transferee bank at any time before the expiry of the one month next following the date on which the scheme is sanctioned by the central government, intimated their intention of not becoming employees of the banking company on its reconstruction or, as the case may be, of the transferee bank, the payment to such employees of compensation if any, to which they are entitled under the industrial disputes act, 1947, and such pension, gratuity, provident fund and other retirement benefits ordinarily admissible to them under the rules or authorisations of the banking company immediately before the date of the order of moratorium; (6) (a) a copy of the scheme prepared by the reserve bank shall be sent in draft to the banking company and also to the transferee bank and any other banking company concerned in the amalgamation, for suggestions and objections, if any, within such period as the reserve bank may specify for this purpose (15) in this section, "banking institution" means any banking company and includes the state bank of india or a subsidiary bank or a corresponding new bankexplanation—references in this section to the terms and conditions of service of as applicable to an employee shall not be construed as extending to the rank and status of such employee part v application of the act to co-operative banks56 the provisions of this act, as in force for the time being, shall apply to, or in relation to, co-operative societies as they apply to, or in relation to, banking companies subject to the following modifications, namely:—(a) throughout this act, unless the context otherwise requires,—act to apply to cooperative societies subject to modifications [10] m c23 of 1965(ii) references to "commencement of this act" shall be construed as references to commencement of the banking laws (application to co-operative societies) act, 1965; [10] m c(d) for section 5a, the following section shall be substituted, namely:—act to override byelaws, etc"5a (1) the provisions of this act shall have effect, notwithstanding anything to the contrary contained in the bye-laws of a co-operative society, or in any agreement executed by it, or in any resolution passed by it in general meeting, or by its board of directors or other body entrusted with the management of its affairs, whether the same be registered, executed or passed, as the case may be, before or after the commencement of the banking laws (application to co-operative societies) act, 196523 of 1965(2) any provision contained in the bye-laws, 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"; (e) in section 6, in sub-section (1),—(i) in clause (b), the words ",but excluding the business of a managing agent or secretary and treasurer of a company" shall be omitted; [10] m c(iii) in clause (m), after the word "company", the words "or co-operative society" shall be inserted; (f) for section 7, the following section shall be substituted, namely:—use of words "bank", "banker" or "banking"7 (1) no co-operative society other than a co-operative bank shall use as part of its name or in connection with its business any of the words "bank", "banker" or "banking", and no co-operative society shall carry on the business of banking in india unless it uses as part of its name at least one of such words (2) nothing in this section shall apply to— (b) a co-operative society formed for the protection of the mutual interest of co-operative banks or co-operative land mortgage banks, or(c) any co-operative society, not being a primary credit society, formed by the employees of— (ii) a co-operative bank or a primary credit society or a co-operative land mortgage bank, insofar as the word "bank", "banker" or "banking" appears as part of the name of the employer bank, or as the case may be, of the bank, whose subsidiary the employer bank is; (fi) in section 8, for the proviso, the following proviso shall be substituted, namely:—"provided that this section shall not apply—1 of 1984(a) to any such business as aforesaid which was in the course of being transacted on the commencement of clause (iii) of section 42 of the banking laws (amendment) act, 1983, so, however, that the said business shall be completed before the expiry of one year from such commencement; or(b) to any business as is specified in pursuance of clause (o) of sub-section (1) of section 6;";(fii) in section 9, for the second proviso, the following provisos shall be substituted, namely:—1 of 1984"provided further that in the case of a primary credit society which becomes a primary co-operative bank after the commencement of clause (iii) of section 42 of the banking laws (amendment) act, 1983, the period of seven years shall commence from the day it so becomes a primary co-operative bank:provided also that the reserve bank may, in any particular case, extend the aforesaid period of seven years by such period as it may consider necessary where it is satisfied that such extension would be in the interests of the depositors of the co-operative bank; (g) sections 10, 10a, 10b, 10bb, 10c and 10d shall be omitted; (i) sections 12, 12a, 13 and 15 to 17 shall be omitted; (l) for section 20 of the principal act, the following section shall be substituted, namely:—"20 restriction on loans and advances—(1) no co-operative bank shall—(a) make any loans or advances on the security of its own shares; or (b) grant unsecured loans or advances—(i) to any of its directors; or (ii) to firms or private companies in which any of its directors is interested as partner or managing agent or guarantor or to individuals in cases where any of its directors is a guarantor; or(iii) to any company in which the chairman of the board of directors of the co-operative bank (where the appointment of a chairman is for a fixed term) is interested as its managing agent, or where there is no managing agent, as its chairman or managing director:provided that nothing in clause (b) shall apply to the grant of unsecured loans or advances—(a) made by a co-operative bank—(i) against bills for supplies or services made or rendered to government or bills of exchange arising out of bona fide commercial or trade transactions, or(ii) in respect whereof trust-receipts are furnished to the co-operative bank; (b) made by a primary co-operative bank to any of its directors or to any other person within such limits and on such terms and conditions as may be approved by the reserve bank in this behalf(2) every co-operative bank shall, before the close of the month succeeding that to which the return relates, submit to the reserve bank a return in the prescribed form and manner showing all unsecured loans and advances granted by it to companies in cases other than those in which the co-operative bank is prohibited under sub-section (1) to make unsecured loans and advances in which any of its directors is interested as director or managing agent or guarantor(3) if, on examination of any return submitted under sub-section (2), it appears to the reserve bank that any loans or advances referred to in that sub-section are being granted to the detriment of the interests of the depositors of the co-operative bank, the reserve bank may, by order in writing, prohibit the co-operative bank from granting any such further loans or advances or impose such restrictions on the grant thereof as it thinks fit, and may by like order direct the co-operative bank to secure the re-payment of such loan or advance within such time as may be specified in the order [10] m c(n) in section 21, in sub-section (2), in clauses (c) and (d), for the words "any one company, firm, association of persons or individual," the words "any one party" shall be substituted; [10] m c(p) in section 23,—(i) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) without obtaining the prior permission of the reserve bank, no co-operative bank shall open a new place of business or change otherwise than within the same city, town or village, the location of an existing place of business:provided that nothing in this sub-section shall apply to—(a) the opening for a period not exceeding one month of a temporary place of business within a city, town or village or the environs thereof within which the co-operative bank already has a place of business, for the purpose of affording banking facilities to the public on the occasion of an exhibition, a conference or a mela or any other like occasion;(b) the opening or changing the location of branches by a central co-operative bank within the area of its operation";(ii) after sub-section (4), the following sub-section shall be inserted, namely:—"(4a) any co-operative bank other than a primary co-operative bank requiring the permission of the reserve bank under this section shall forward its application to the reserve bank through the national bank which shall give its comments on the merits of the application and send it to the reserve bank:provided that the co-operative bank shall also send an advance copy of the application directly to the reserve bank"(q) in section 24,— [10] m c(ii) for sub-section (2a), the following sub-section shall be substituted, namely:—2 of 1934"(2a) a scheduled co-operative bank, in addition to the average daily balance which it is, or may be, required to maintain under section 42 of the reserve bank of india act, 1934 and every other co-operative bank, in addition to the cash reserve which it is required to maintain under section 18, shall maintain in india, assets, the value of which shall not be less than such percentage not exceeding forty per cent of the total of its demand and time liabilities in india as on last friday of the second preceding fortnight as the reserve bank may, by notification in the official gazette, specify from time to time and such assets shall be maintained in such form and manner, as may be specified in such notification"; [10] m c(iv) in sub-section (6), in clause (a), for the words "fourteen days", the words "thirty days" shall be substituted" [10] m c(r) section 25 shall be omitted [10] m c(ria) in section 26a, for the words "banking companies", the words"co-operative bank" shall be substituted; [10] m c gonzalez-garcia, m c gonzalez-garcia, m(sa) for section 30, the following section shall be substituted, namely:—audit"30 (1) without prejudice to anything contained in any other law for the time being in force, where the reserve bank is satisfied that it is necessary in the public interest or in the interest of the co-operative bank or its depositors so to do, it may at any time by general or special order direct that an additional audit of the co-operative bank accounts, for any such transactions or class of transactions or for such period or periods as may be specified in the order, shall be conducted and may by the same or a different order appoint a person duly qualified under any law for the time being in force to be an auditor of companies to conduct such audit, and the auditor shall comply with such directions and make a report of such audit to the reserve bank and forward a copy thereof to the co-operative bank(2) the expenses of, or incidental to, the additional audit specified in the order made by the reserve bank shall be borne by the co-operative bank1 of 1956(3) the auditor referred to in sub-section (1) shall have such powers, exercise such functions vested in and discharge the duties and be subject to the liabilities and penalties imposed on auditors of companies by section 227 of the companies act, 1956 and also that of the auditors, if any, appointed by the law establishing, constituting or forming the co-operative bank to the extent the provisions of the companies act, 1956 are not inconsistent with the provisions of such law(4) in addition to the matters referred to in the order under sub-section (1) the auditor shall state in his report—(a) whether or not the information and explanation required by him have been found to be satisfactory;(b) whether or not the transactions of the co-operative bank which came to his notice have been within the powers of the co-operative bank;(c) whether or not the returns received from branch offices of the co-operative bank have been found adequate for the purpose of his audit;(d) whether the profit and loss accounts, shows a true balance or profit or loss for the period covered by such account;(e) any other matter which he considers should be; (t) in section 31,—(i) for the words "within three months" and "of three months", the words "within six months" and "of six months" shall, respectively, be substituted; (u) sections 32 to 34 shall be omitted; (v) in section 34a, sub-section (3) shall be omitted; (x) in section 35a, in sub-section (1), in clause (c), for the words"any banking company", the words "the banking of business any co-operative bank" shall be substituted;(y) section 35b shall be omitted; (z) in section 36, in sub-section (1),—(a) clause (b) shall be omitted;(b) for clause (d), the following clause shall be substituted, namely:—"(d) at any time if it is satisfied that for the reorganisation or expansion of co-operative credit on sound lines it is necessary so to do, by an order in writing and on such terms and conditions as may be specified therein,—(i) depute one or more of its officers to watch the proceedings at any meeting of the board of directors of the co- operative bank or of any other body constituted by it and require the co-operative bank to give an opportunity to the officer so deputed to be heard at such matters as the officer may consider necessary or proper for the reorganisation and expansion of co- operative credit on sound lines, and also require such officer to send a report of such proceedings to the reserve bank;(ii) appoint one or more of its officers to observe the manner in which the affairs of the co-operative bank or its offices or branches are being conducted and make a report thereon;"(za) in section 36a,—(i) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) the provisions of section 11, section 18 and section 24 shall not apply to a co-operative bank which has been refused a licence under section 22 or whose licence has been cancelled under that section or which is or has been prohibited or precluded from accepting deposits by virtue of any order made under this act or of any alteration made in its bye-laws"; (ii) after sub-section (2), the following sub-section shall be inserted, namely:—23 of 1965"(3) subject to the provisions of sub-sections (1) and (2), a co-operative society carrying on business as a primary co-operative bank at the commencement of the banking laws (application to co-operative societies) act, 1965 or a co-operative society which becomes a primary co-operative bank after such commencement shall, notwithstanding that it does not at any time thereafter satisfy the requirements of the definition of primary co-operative bank in clause (ccv) of section 5 continue to be a primary co-operative bank within the meaning of this act, and may, with the approval of the reserve bank and subject to such terms and conditions as the reserve bank may specify in that behalf, continue to carry on the business of banking";(zaa) after section 36aa of the principal act, the following sections shall be inserted, namely:—"36aaa—supersession of board of directors of a multi-state co-operative bank—(1) where the reserve bank is satisfied that in the public interest or for preventing the affairs of a multi-state co-operative bank being conducted in a manner detrimental to the interest of the depositors or of the multi-state co-operative bank or for securing the proper management of the multi-state co-operative bank, it is necessary so to do, the reserve bank may, for reasons to be recorded in writing, by order, supersede the board of directors of such multi-state co-operative bank for a period not exceeding five years as may be specified in the order, which may be extended from time to time, so, however, that total period shall not exceed five years (9) the administrator appointed under sub-section (2) shall vacate office immediately after the board of directors of the multi-state co-operative society has been constituted43 of 196136aab—order of winding up of multi-state co-operative bank to be final in certain cases—where a multi-state co-operative bank, being an eligible co-operative bank, has been registered under section 13a of the deposit insurance and credit guarantee corporation act, 1961, as an insured bank, and subsequently—39 of 2002(a) in pursuance of a scheme prepared with the previous approval of the reserve bank under section 18 of the multi-state co-operative societies act, 2002, an order sanctioning a scheme of compromise and arrangement or reorganisation or reconstruction has been made; or39 of 2002(b) on requisition by the reserve bank, an order for winding up of the multi-state co-operative bank has been made under section 87 of the multi-state co-operative societies act, 2002; or(c) an order for the supersession of the board and the appointment of an administrator therefore has been made under section 36aaa, such order for sanctioning the scheme of compromise and arrangement or reorganisation or reconstruction under clause (a) or the winding up of the multi-state co-operative bank under clause (b) or an order for the supersession of the board and the appointment of an administrator under clause (c) shall not be liable to be called in question in any manner (zb) part iia except sections 36aaa, 36aab and 36aac, part iic, part iii, except sub-sections (1), (2) and (3) of section 45, and part iiia except section 45wshall be omitted;(zc) in section 46,—(i) in sub-section (4), the word "or" occurring at the end of clause (i) and clause (ii) shall be omitted; (zd) in section 47, the words, brackets, figures and letters "sub-section (5) of section 36aa or" shall be omitted; [10] m c(zf) in section 49a, for the proviso, the following proviso shall be substituted, namely:—"provided that nothing contained in this section shall apply to—(a) a primary credit society,23 of 1965(b) any other co-operative society accepting such deposits at the commencement of the banking laws (application to co-operative societies) act, 1965, for a period of one year from the date of such commencement; and(c) any savings bank scheme run by the government"; (zg) sections 49b and 49c shall be omitted; (zh) in section 50, the figures and letters "10, 12a, 16,", "35b," and ",43a" shall be omitted; (zj) in section 52,—(i) in sub-section (2), the words, figures and letter "and the form in which the official liquidator may file lists of debtors to the court having jurisdiction under part iii or part iiia and the particulars which such lists may contain" shall be omitted;(ii) sub-section (4) shall be omitted; lok sabha———— a bill further to amend the banking regulation act, 1949————(smt nirmala sitharaman, minister of finance)mgipmrnd—377ls(s3)—09-09-2020

Parliament_bills

2a5fcf48-8800-5648-91b1-57cc95794552

bill no xli of 2008 the constitution (scheduled castes) order (amendment) bill, 2008 a billfurther to amend the constitution (scheduled castes) order, 1950be it enacted by parliament in the fifty-ninth year of the republic of india as follows:—1 this act may be called the constitution (scheduled castes) order (amendment)act, 2008 statement of objects and reasonsdalit muslims ie arzals are at the bottom of muslim hierarchy the sachar committee report has indicated that their population is around 078% of total indian population and their educational, economic and social status is worse than their counterparts in the hindu community the fact is that at present, dalit muslims have been given this status of the other backward classes (obc)2 bone of contention really began when the presidential order in 1950 added religious ban thereby restricting the benefit only to the scheduled castes professing hinduism even muslims, sikhs and buddhists were expelled out from this category thereafter, sikhs and neo-buddhists were re-included in this order in 1956 and 1990, respectively so by now, para-3 of the order of 1950 contains words like hindu, sikh and neo-buddhists3 the cabinet on the 18th may, 2007, decided that the matter of inclusion of arzals in scheduled castes category will be considered after seeing the report of the rang nath mishra commission4 the rang nath mishra commission report was submitted to the prime minister office on the 21st may, 2007, which has recommended strongly in favour of religions of not only dalit muslims but also christians, parsis and jain dalits5 national commission for scheduled castes has also recommended positively to the ministry of social justice on the 18th december, 2007 for inclusion of dalit muslims in the category of scheduled castes6 the percentage of arzals in total population is very low if such, a microscopic population is included in scheduled castes by lifting the religious ban from the presidential order, 1950 or by adding the word muslim alongwith hindu, sikh and neo-buddhists in para-3 of this order thus reverting back to the original government (scheduled castes) order, 1936, there would be very little shifting of population from one (obc) category to another (scheduled castes) category so for the inclusion of dalit muslims in scheduled castes, the easiest way will be to add the word "muslim" along with hindu, sikh and neo- buddhists in the aforesaid order, for which necessary amendment of para-3 of the scheduled castes order 1950 is essentialhence, this billdr ejaz ali annexureextracts from the constitution (scheduled castes) order, 1950 the constitution (scheduled castes) order, 1950 3 notwithstanding anything contained in paragraph 2, no person who professes a religion different from the hindu, the sikh or the buddhist religion shall be deemed to be a member of a scheduled caste ———— a billfurther to amend the constitution (scheduled castes) order, 1950————(dr ejaz ali, mp)

Parliament_bills

a3b1b448-30f1-5222-bf6f-cd756f33323d

the national commission for homoeopathy bill, 2019—————— arrangement of clauses—————— chapter i preliminary clauses1 short title, extent and commencement 2 definitions chapter ii national commission for homoeopathy3 constitution of national commission for homoeopathy 4 composition of commission 5 search committee for appointment of chairperson and members 6 term of office and conditions of service of chairperson and members 7 removal of chairperson and members of commission 8 appointment of secretary, experts, professionals, officers and employees ofcommission9 meetings of commission10 power and functions of commission chapter iii advisory council for homoeopathy11 constitution and composition of advisory council for homoeopathy 12 functions of advisory council for homoeopathy 13 meetings of advisory council for homoeopathy chapter iv national examination14 national eligibility-cum-entrance test 15 national exit test 16 post-graduate national entrance test 17 national teachers' eligibility test for homoeopathy chapter v autonomous boards clauses18 constitution of autonomous boards 19 composition of autonomous boards 20 search committee for appointment of president and members 21 term of office and conditions of service of president and members 22 advisory committees of experts 23 staff of autonomous boards24 meetings of autonomous boards 25 delegation of powers 26 powers and functions of homoeopathy education board 27 powers and functions of board of ethics and registration for homoeopathy 28 powers and functions of medical assessment and rating board forhomoeopathy29 permission for establishment of new medical institution 30 state medical councils 31 national register and state register of homoeopathy 32 rights of persons to be enrolled in national register and their obligations thereto 33 rights of persons to practice chapter vi recognition of qualifications of homoeopathy34 recognition of qualifications granted by universities or medical institutions inindia35 recognition of medical qualifications granted by medical institutions outsideindia36 withdrawal of recognition or de-recognition of qualification 37 special provision in certain cases for recognition of qualifications chapter vii grants, audit and accounts38 grants by central government 39 national commission fund for homoeopathy 40 audit and accounts 41 furnishing of returns and reports to central government chapter viii miscellaneous42 power of central government to give directions to commission and autonomousboards clauses43 power of central government to give directions to state governments 44 information to be furnished by commission and publication thereof 45 obligation of universities and medical institutions 46 completion of courses of studies in medical institutions 45 obligation of universities and medical institutions 46 completion of courses of studies in medical institutions 47 chairperson, members, officers of commission, autonomous boards to be publicservants48 protection of action taken in good faith 49 cognizance of offences 50 power of central government to supersede commission 51 joint sittings of commission, national commission for indian systems ofmedicine, national commission for yoga and naturopathy and national medical commission52 state government to promote primary healthcare in rural areas 53 power to make rules 54 power to make regulations 55 rules and regulations to be laid before parliament 56 power to remove difficulties 57 repeal and saving 58 transitory provisions bill no ii of 2019 the national commission for homoeopathy bill, 2019 a billto provide for a medical education system that improves access to quality and affordablemedical education, ensures availability of adequate and high quality homoeopathy medical professionals in all parts of the country; that promotes equitable and universal healthcare that encourages community health perspective and makes services of homoeopathy medical professionals accessible to all the citizens; that promotes national health goals; that encourages homoeopathy medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a homoeopathy medical register for india and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to the changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the national commission for homoeopathy act, 2019 (2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:definitions2 in this act, unless the context otherwise requires,—(a) "autonomous board" means any of the autonomous boards constituted under section 18;5(b) "board of ethics and registration for homoeopathy" means the board constituted under section 18;(c) "chairperson" means the chairperson of the national commission for homoeopathy appointed under section 5;(d) "commission" means the national commission for homoeopathy constituted under section 3;10(e) "council" means the advisory council for homoeopathy constituted under section 11;(f) "homoeopathy" means the homoeopathic system of medicine and includes the use of biochemic remedies;15(g) "homoeopathy education board" means the board constituted for homoeopathy education under section 18;(h) "licence" means a licence to practice homoeopathy granted under sub-section (1) of section 32;(i) "medical assessment and rating board for homoeopathy" means the board for assessment and rating of medical institutions constituted under section 18;20(j) "medical institution" means any institution within or outside india which, grants degrees, diplomas or licences in homoeopathy and includes affiliated colleges and deemed to be universities;(k) "member" means a member of the commission appointed under section 5and includes the chairperson thereof;25(l) "national register" means a national medical register for homoeopathy maintained by the board of ethics and registration for homoeopathy under section 31;(m) "notification" means a notification published in the official gazette and the expression "notify" shall be construed accordingly;(n) "prescribed" means prescribed by rules made under this act;30(o) "president" means the president of an autonomous board appointed under section 20;(p) "regulations" means the regulations made by the commission under this act;35(q) "state medical council" means a state medical council of homoeopathy constituted under any law for the time being in force in any state or union territory for regulating the practice and registration of practitioners of homoeopathy;40(r) "state register" means a state register for homoeopathy maintained under any law for the time being in force in any state or union territory for registration of practitioners of homoeopathy;3 of 1956(s) "university" shall have the same meaning as assigned to it in clause (f) of section 2 of the university grants commission act, 1956 and includes a health university chapter ii national commission for homoeopathy3 (1) the central government shall, by notification, constitute a commission, to be known as the national commission for homoeopathy, to exercise the powers conferred upon, and to perform the functions assigned to it, under this act5constitution of national commission for homoeopathy(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 sued10(3) the head office of the commission shall be at new delhi 4 (1) the commission shall consist of the following persons, namely:––(a) a chairperson;composition of commission(b) seven ex officio members; and (c) twelve part-time members15(2) the chairperson shall be a person of outstanding ability, proven administrative capacity and integrity, possessing a postgraduate degree in homoeopathy from a recognised university and having experience of not less than twenty years in the field of homoeopathy, out of which at least ten years shall be as a leader in the area of healthcare delivery, growth and development of homoeopathy or its education20(3) the following persons shall be appointed by the central government as ex officio members of the commission, namely:––(a) the president of the homoeopathy education board; (b) the president of the medical assessment and rating board for homoeopathy; and(c) the president of the board of ethics and registration for homoeopathy;25(d) advisor (homoeopathy) or joint secretary to the government of india in-charge of homoeopathy, in the ministry of ayush;(e) the director, national institute of homoeopathy, kolkata; (f) the director, north eastern institute of ayurveda and homoeopathy, shillong;30(g) the director-general, central council for research in homoeopathy, janakpuri, new delhi (4) the following persons shall be appointed by the central government as part-time members of the commission, namely:—35(a) three members to be appointed from amongst persons of ability, integrity and standing, who have special knowledge and professional experience in the areas of homoeopathy, management, law, health research, science and technology and economics;40(b) five members to be appointed on rotational basis from amongst the nomineesof the states and union territories in the advisory council for a term of two years in such manner as may be prescribed(c) four members to be elected by the registered medical practitioners of homoeopathy from amongst themselves, from such regional constituencies and in such manner as may be prescribed:45provided that no member shall either himself or through any of his family members, directly or indirectly, own or be associated with or have any dealings with the managing body of a private or non-government medical institution which is regulated under this actexplanation––for the purpose of this section and section 19, the term "leader"means the head of a department or the head of an organisation5 (1) the central government shall appoint the chairperson, referred to in section 4and the president of the autonomous boards referred to in section 20 on the recommendation of a search committee consisting of—5(a) the cabinet secretary—chairperson;search committee for appointment of chairperson and members(b) two experts, possessing outstanding qualifications and experience of not less than twenty-five years in the field of homoeopathy, to be nominated by the central government—members;10(c) one expert, from amongst the members as referred in clause (c) of sub-section (4) of section 4, to be nominated by the central government in such manner as may be prescribed—member;15(d) one person, possessing outstanding qualifications and experience of not less than twenty-five years in the field of health research, management, law, economics or science and technology, to be nominated by the central government—member;(e) the secretary to the government of india incharge of the ayush, to be the convenor—member:20provided that for selection of part-time members of the commission referred to in clause (a) of sub-section (4) of section 4, the secretary referred to in section 8 and other members of the autonomous boards referred to in section 20, the search committee shall consist of members specified in clauses (b) to (d) and joint secretary to the government of india in the ministry of ayush as convenor—member and chaired by secretary to the government of india in-charge of the ministry of ayush25(2) the central government shall, within one month from the date of occurrence of any vacancy, including by reason of death, resignation or removal of the chairperson or a member, or within three months before the end of tenure of the chairperson or member, make a reference to the search committee for filling up of the vacancy(3) the search committee shall recommend a panel of at least three names for every vacancy referred to it30(4) before recommending any person for appointment as the chairperson or a member of the commission, the search committee shall satisfy itself that such person does not have any financial or other interest which is likely to affect prejudicially his functions as such chairperson or member(5) no appointment of the chairperson or member shall be invalid merely by reason of any vacancy or absence of a member in the search committee35(6) subject to the provisions of sub-sections (2) to (5), the search committee may regulate its own procedure6 (1) the chairperson and members (other than ex officio members) and members appointed under clause (b) of sub-section (4) of section 4 shall hold office for a term not exceeding four years and shall not be eligible for any extension or re-appointment:40term of office and conditions of service of chairperson and membersprovided that such person shall cease to hold office after attaining the age of seventy years(2) the term of office of an ex officio member shall continue as long as he holds the office by virtue of which he is such member45(3) where a member, other than an ex officio member, is absent from three consecutive ordinary meetings of the commission and the cause of such absence is not attributable to any valid reason in the opinion of the commission, such member shall be deemed to have vacated the seat50(4) the salary and allowances payable to, and other terms and conditions of service of, the chairperson and member, other than an ex officio member, shall be such as may be prescribed(5) the chairperson or a member may––(a) relinquish his office by giving in writing a notice of not less than three months to the central government; or(b) be removed from his office in accordance with the provisions of section 7:5provided that such person may be relieved from duties earlier than three months or allowed to continue beyond three months until a successor is appointed, if the central government so decides10(6) the chairperson and every member of the commission shall make declaration of his assets and liabilities at the time of entering upon his office and at the time of demitting his office and also declare his professional and commercial engagement or involvement, in such form and manner as may be prescribed, and such declaration shall be published on the website of the commission15(7) the chairperson or a member, ceasing to hold office as such, shall not accept, for a period of two years from the date of demitting such office, any employment, in any capacity, including as a consultant or an expert, in any private medical institution of homoeopathy or, whose matter has been dealt with by such chairperson or member, directly or indirectly:provided that nothing contained herein shall be construed as preventing such person from accepting an employment in a body or institution including medical institution of homoeopathy, controlled or maintained by the central government or a state government20(8) nothing in sub-section (7) shall prevent the central government from permitting the chairperson or a member to accept any employment in any capacity, including as a consultant or an expert, in any private medical institution of homoeopathy, whose matter has been dealt with by such chairperson or member7 (1) the central government may, by order, remove from office the chairperson or any other member, who—25(a) has been adjudged an insolvent; or removal of chairperson and members of commission(b) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or(c) has become physically or mentally incapable of acting as the chairperson or a member; or30(d) is of unsound mind and stands so declared by a competent court; or (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member; or(f) has so abused his position as to render his continuance in office prejudicial to public interest; or35(2) no member shall be removed under clauses (e) and (f) of sub-section (1) unless he has been given a reasonable opportunity of being heard in the matter8 (1) there shall be a secretariat for the commission to be headed by a secretary, to be appointed by the central government in accordance with the provisions of section 540(2) the secretary of the commission shall be a person of proven administrative capacity and integrity, possessing such qualifications and experience as may be prescribedappointment of secretary, experts, professionals, officers and employees of commission(3) the secretary shall be appointed by the central government for a term of four years and he shall not be eligible for any extension or re-appointment(4) the secretary shall discharge such functions of the commission as are assigned to him by the commission and as may be specified by regulations made under this act45(5) the commission may appoint such officers and other employees, as it considers necessary, against the posts created by the central government for the efficient discharge of its functions under this act5(6) the salaries and allowances payable to, and other terms and conditions of service of the secretary, officers and other employees of the commission shall be such as may be prescribed10(7) the commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of homoeopathy and experience in fields including medical education in homoeopathy, public health, management, economics, quality assurance, patient advocacy, health research, science and technology, administration, finance, accounts or law as it deems necessary, to assist the commission in the discharge of its functions under this act| meetings ||-------------|| commission || 15 |9 (1) the commission shall meet at least once every quarter at such time and place as may be appointed by the chairperson(2) the chairperson shall preside at the meeting of the commission and if, for any reason, the chairperson is unable to attend a meeting of the commission, any member being the president of the autonomous boards, nominated by the chairperson shall preside at the meeting2025(3) unless the procedure to be followed at the meetings of the commission is otherwise provided by regulations, one-half of the total number of members of the commission including the chairperson shall constitute the quorum and all decisions of the commission shall be taken by a majority of the members, present and voting and in the event of equality of votes, the chairperson or in his absence, the president of the autonomous board nominated under sub-section (2), shall have the casting vote(4) the general superintendence, direction and control of the administration of the commission shall vest in the chairperson(5) no act or proceeding of the commission shall be invalid merely by reason of—(a) any vacancy in, or any defect in the constitution of, the commission; or30(b) any defect in the appointment of a person acting as a chairperson or as a member (6) a person who is aggrieved by any decision of the commission may prefer an appeal to the central government against such decision within thirty days of the communication of such decision10 (1) the commission shall perform the following functions, namely:—35power and functions of commission(a) lay down policies for maintaining a high quality and high standards in education of homoeopathy and make necessary, in this behalf;| (b | ) lay down policies for regulating medical institutions, medical researches and ||-------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------|| medical professionals and make necessary regulations in this behalf; | || 40 | || (c | ) assess the requirements in healthcare, including human resources for health || and healthcare infrastructure and develop a road map for meeting such requirements; | || (d | ) frame guidelines and lay down policies by making such regulations as may || be necessary for the proper functioning of the commission, the autonomous boards | || and the state medical councils of homoeopathy; | || 45 | || (e | ) ensure coordination among the autonomous boards; || (f | ) take such measures, as may be necessary, to ensure compliance by the state || medical councils of homoeopathy of the guidelines framed and regulations made | || under this act for their effective functioning under this act; | |(g) exercise appellate jurisdiction with respect to decisions of the autonomous boards;(h) make regulations to ensure observance of professional ethics in medical profession and to promote ethical conduct during the provision of care by medical practitioners;5(i) exercise such other powers and perform such other functions as may be prescribed10(2) all orders and decisions of the commission shall be authenticated by signature of the secretary and the commission may delegate such of its powers on administrative and financial matters, as it deems fit, to the secretary(3) the commission may constitute sub-committees and delegate such of its powers to them as may be necessary to enable them to accomplish specific tasks chapter iii advisory council for homoeopathy1511 (1) the central government shall, by notification, constitute an advisory body to be known as the advisory council for homoeopathy(2) the council shall consist of a chairperson and the following members, namely:—constitution and composition of advisory council for homoeopathy(a) the chairperson of the commission shall be the ex officio chairperson of the council;20(b) every member of the commission shall be ex officio member of the council;(c) one member, to represent each state, who is the vice-chancellor of a university in that state, to be nominated by that state government, and one member to represent each union territory, who is the vice-chancellor of a university in that union territory, to be nominated by the ministry of home affairs in the government of india:25provided that the state government or the ministry of home affairs in the government of india, as the case may be, shall nominate the vice-chancellor of the university in that state or union territory which has the largest number of colleges for homoeopathy affiliated to it;30(d) four members to be nominated by the central government from amongstpersons holding the post of director in the indian institutes of technology, indian institutes of management and the indian institute of science(e) the terms of non-ex officio members in the council shall be four years35functions of advisory council for homoeopathy12 (1) the council shall be the primary platform through which the states and union territories may put forth their views and concerns before the commission and help in shaping the overall agenda, policy and action relating to medical education, research and training of homoeopathy(2) the council shall advise the commission on measures to determine and maintain, and to coordinate maintenance of the minimum standards in all matters relating to medical education, training and research40(3) the council shall advise the commission on measures to enhance equitable access to medical education13 (1) the council shall meet at least twice in a year at such time and place as may be decided by the chairpersonmeetings of advisory council for homoeopathy45(2) the chairperson shall preside at the meeting of the council and if for any reason the chairperson is unable to attend a meeting of the council, such other member as nominated by the chairperson shall preside over the meeting(3) unless the procedure is otherwise provided by regulations, one-half of the members of the council including the chairperson shall form the quorum and all acts of the council shall be decided by a majority of the members present and voting chapter iv national examination514 (1) there shall be a uniform national eligibility-cum-entrance test, for admission to the undergraduate in homoeopathy in all medical institutions governed under this actnational eligibility- cum- entrance test10(2) the commission shall conduct the national eligibility-cum-entrance test in english and in such other languages, through such designated authority and in such manner, as may be specified by regulations(3) the commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to all the medical institutions governed under this act:15provided that the common counselling shall be conducted by the designated authority of ––(i) the central government, for all india seats; and (ii) the state government, for the remaining seats at the state levelnational exit test2015 (1) a common final year undergraduate medical examination, to be known as the national exit test, shall be held for granting licence to practice as medical practitioner of homoeopathy and for enrolment in the state register or national register, as the case may be(2) the commission shall conduct the national exit test for homoeopathy in english and in such other languages, through such designated authority and in such manner as may be specified by regulations25(3) the national exit test shall become operational on such date, within three years from the date on which this act comes into force, as may be appointed by the central government, by notification16 (1) a uniform post-graduate national entrance test shall be conducted for admission to postgraduate courses in homoeopathy in all medical institutions governed under this act30post-graduatenationalentrance test(2) the commission shall conduct the national entrance test for admission to postgraduate courses in english and in such other languages, through such designated authority and in such manner, as may be specified by regulations35(3) the commission shall specify by regulations the manner of conducting common counselling by the designated authority for admission to the postgraduate seats in all medical institutions governed under this act17 (1) a national teachers' eligibility test shall be conducted separately for the postgraduates of homoeopathy who desire to take up teaching profession in that disciplinenational teachers' eligibility test for homoeopathy40(2) the commission shall conduct the national teachers' eligibility test for homoeopathy through such designated authority and in such manner as may be specified by regulations(3) the national teachers' eligibility test for homoeopathy shall become operational on such date, within three years from the date on which this act comes into force, as may be notified by the central government:45provided that nothing contained in this section shall apply to the teachers appointed prior to the date notified under sub-section (3) chapter v autonomous boards18 (1) the central government shall, by notification, constitute the following autonomous boards, under the overall supervision of the commission, to perform the functions assigned to such boards under this act, namely:—5commission of autonomous boards(a) the homoeopathy education board;(b) the medical assessment and rating board for homoeopathy; and (c) the board of ethics and registration for homoeopathy10(2) each board referred to in sub-section (1) shall be an autonomous body which shall carry out its functions under this act in accordance with the regulations made by the commission19 (1) the composition of the autonomous boards shall be as under, namely:––(a) the homoeopathy education board shall consist of a president and four members from the discipline of homoeopathy;composition of autonomous boards15(b) the medical assessment and rating board for homoeopathy shall consistof a president from the discipline of homoeopathy and two members, out of whom one member shall be from the discipline of homoeopathy and the other member shall be chosen from any of the disciplines of management, quality assurance, law or science and technology;20(c) the board of ethics and registration for homoeopathy shall consist of apresident from the discipline of homoeopathy and two members, out of whom one member shall be from the discipline of homoeopathy and the other member shall be a person who has demonstrated pubic record of work on medical ethics or chosen from any of the disciplines of quality assurance, public health, law or patient advocacy25(2) the president and members of the autonomous boards to be chosen undersub-section (1) shall be persons of outstanding ability, proven administrative capacity andintegrity, possessing postgraduate degree in respective disciplines from a recognised university and having experience of not less than fifteen years in respective fields, out of which at least seven years shall be as a leader:30provided that seven years as leader in the case of the president and member from homoeopathy shall be in the area of health, growth and development of education in homoeopathy20the central government shall appoint the president and members of the autonomous boards on the basis of the recommendations made in accordance with the procedure specified in section 5 by the search committee constituted thereunder35search committee for appointment of president and members21 (1) the president and members of each autonomous board shall held the office for a term not exceeding four years and shall not be eligible for any extension or re-appointment:term of office and conditions of service of president and membersprovided that such person shall cease to hold office after attaining the age of seventy years40(2) the salary and allowances payable to, and other terms and conditions of service of the president and members of an autonomous board shall be such as may be prescribed45(3) the provisions contained in sub-sections (3), (5), (6), (7) and (8) of section 6relating to other terms and conditions of service of, and in section 7 relating to removal from office, the chairperson and members of the commission shall also be applicable to the president and members of the autonomous boardsadvisory committees of experts22 (1) each autonomous board, except the board of ethics and registration for homoeopathy, shall be assisted by such advisory committees of experts, as may be constituted by the commission, for the efficient discharge of the functions of such boards under this act5(2) the board of ethics and registration for homoeopathy shall be assisted by such ethics committees of experts, as may be constituted by the commission, for the efficient discharge of the functions of that board under this actstaff of autonomous boards23the experts, professionals, officers and other employees appointed under section 8shall be made available to the autonomous boards in such number and in such manner, as may be specified by regulations made by the commission1024 (1) every autonomous board shall meet at least once a month at such time and place as it may appointmeetings of autonomous boards(2) subject to such regulations as may be made in this behalf, all decisions of the autonomous boards shall be made by consensus and if consensus is not possible, decision shall be made by majority of votes of the president and members15(3) a person who is aggrieved by any decision of an autonomous board may prefer an appeal to the commission against such decision within sixty days of the communication of such decisiondelegation of powers2025 (1) the commission may delegate all or any of its administrative and financialpowers to the president of each autonomous board to enable such board to function smoothly and efficiently(2) the president of an autonomous board may further delegate any of his powers to a member or officer of that board26 (1) the homoeopathy education board shall perform the following functions, namely:––25powers and functions of homoeopathy education board(a) determine the standards of education at the undergraduate, postgraduateand super-speciality levels and oversee all aspects of relating thereto;30(b) develop a competency based dynamic curriculum for homoeopathy at alllevels in accordance with the regulations made under this act, in such manner that it develops appropriate skill, knowledge, attitude, values and ethics among the postgraduate and super-speciality students and enables them to provide healthcare, to impart medical education and to conduct medical research;35(c) frame guidelines on setting up of medical institutions for impartingundergraduate, postgraduate and super-speciality courses in homoeopathy, having regard to the needs of the country, the global norms and the regulations made under this act;(d) determine minimum requirements and standards for conducting of courses and examinations in medical institutions, having regard to the needs of creativity at local levels and the regulations made under this act;40(e) determine standards and norms for infrastructure, faculty and quality of education and research in medical institutions of homoeopathy, in accordance with the regulations made under this act;45(f) specify norms for compulsory annual disclosure, electronically and otherwise, by medical institutions of homoeopathy in respect of their functions that has a bearing on the interest of various stakeholders including students, faculty, the commission and the government;(g) facilitate development and training of faculty members; (h) facilitate research programmes; (i) grant recognition to medical qualifications of homoeopathy at all levels(2) the homoeopathy education board may, in the discharge of its functions, make such recommendations to, and seek such directions from, the commission, as it deems necessary527 (1) the board of ethics and registration for homoeopathy shall perform the following functions, namely:—| (a ||-----------------------------------------------|| accordance with the provisions of section 31; || powers and || functions of || board of || ethics and || registration || for || homoeopathy || 10 |(b) regulate professional conduct and promote medical ethics in accordancewith the regulations made under this act:15provided that the board of ethics and registration for homoeopathy shall ensure compliance with the code of professional and ethical conduct through the state medical council, in a case where such state medical council has been conferred power to take disciplinary actions in respect of professional or ethical misconduct by medical practitioners under respective state acts;(c) develop mechanisms to have continuous interaction with state medical councils of homoeopathy to effectively promote and regulate the conduct of medical practitioners of homoeopathy20(2) the board of ethics and registration for homoeopathy may, in the discharge of itsfunctions, make such recommendations to, and seek such directions from, the commission, as it deems necessary28 (1) the medical assessment and rating board for homoeopathy shall perform the following functions, namely:––25(a) determine the process of assessment and rating of medical institutions onthe basis of their compliance with the standards laid down by the homoeopathy education board, in accordance with the regulations made under this act;powers and functions of medical assessment and rating board for homoeopathy(b) grant permission for establishment of a new medical institution in accordancewith the provisions of section 29;30(c) carry out inspections of medical institutions for assessing and rating suchinstitutions in accordance with the regulations made under this act:35provided that the medical assessment and rating board for homoeopathy may, if it deems necessary, hire and authorise any other third party agency or persons for carrying out inspections of medical institutions for assessing and rating such institutions:provided further that where inspection of medical institutions is carried out by such third party agency or persons authorised by the medical assessment and rating board for homoeopathy, it shall be obligatory on such institutions to provide access to such agency or person;40(d) conduct, or where it deems necessary, empanel independent rating agenciesto conduct, assess and rate all medical institutions, within such period of their opening, and every year thereafter, at such time, and in such manner, as may be specified by regulations;45(e) make available on its website or in public domain, the assessment and ratingsof medical institutions at regular intervals, in accordance with the regulations made under this act;(f) take such measures, including issuing warning, imposition of monetary penalty, reducing intake or stoppage of admissions and recommending to the commission for withdrawal of recognition, against a medical institution for its failure to maintain the minimum essential standards specified by the homoeopathy education board, in accordance with the regulations made under this act5(2) the medical assessment and rating board for homoeopathy may, in the discharge of its functions, make such recommendations to, and seek such directions from, the commission, as it deems necessary29 (1) no person shall establish a new medical institution without obtaining prior permission of the medical assessment and rating board for homoeopathy10explanation––for the purpose of this sub-section, the term "person" includes any university or a trust or any other body but does not include the central governmentpermission for establishment of new medical institution(2) for the purpose of obtaining permission under sub-section (1), a person may submit a scheme to the medical assessment and rating board for homoeopathy in such form, containing such particulars, accompanied by such fee, and in such manner, as may be specified by regulations1520(3) while considering the scheme received under sub-section (2), the medical assessment and rating board for homoeopathy shall have regard to the standards of education and research, the standards and norms for infrastructure and faculty, the guidelines on setting up of medical institutions and other requirements determined by the homoeopathy education board, and pass an order either approving or disapproving the scheme within six months from the date of receipt of such scheme:provided that no scheme shall be disapproved without giving a reasonable opportunity of being heard to the person concerned(4) where a scheme is approved under sub-section (3), such approval shall be the permission under sub-section (1) to establish a new medical institution25(5) where a scheme is disapproved under sub-section (3) or where no order is passed within six months of submitting a scheme under sub-section (2), the person concerned may prefer an appeal to the commission within fifteen days of such disapproval or, as the case may be, after lapse of six months, in such manner as may be specified by regulations30(6) where the commission has disapproved the scheme or no order has been passed within forty-five days from the date of preferring appeal under sub-section (5), the person concerned may prefer a second appeal to the central government within thirty days of communication of such disapproval or, as the case may be, lapse of specified period of forty-five days35(7) the medical assessment and rating board for homoeopathy may conductevaluation and assessment of any university or medical institution at any time, either directly or through any other expert, without any prior notice and assess and evaluate the performance, standards and benchmarks of such university or medical institutionstate medical councils4030 (1) the state government shall, by notification, within three years of thecommencement of this act, establish a state medical council for homoeopathy in that state if no such council exists in that state(2) where a state act confers power upon the state medical council to take disciplinary actions in respect of any professional or ethical misconduct by a registered practitioner of homoeopathy, the state medical council shall act in accordance with the regulations made, and the guidelines framed, under this act:45provided that till such time as a state medical council for homoeopathy is established in a state, the board of ethics and registration for homoeopathy shall receive the complaints and grievances relating to any professional or ethical misconduct against a registered practitioner of homoeopathy in that state in accordance with such procedure as may be specified by regulations:5provided further that the board of ethics and registration for homoeopathy or, as the case may be, the state medical council shall give an opportunity of hearing to such practitioner before passing any order or taking any action, including imposition of any monetary penalty, against such person(3) a practitioner of homoeopathy who is aggrieved by the order passed or the action taken by––10(a) the state medical council under sub-section (2) may prefer an appeal to the board of ethics and registration for homoeopathy and the decision, if any, of the board of ethics and registration for homoeopathy thereupon shall be binding on such state medical council, unless a second appeal is preferred under sub-section (4);(b) the board of ethics and registration for homoeopathy under the first proviso to sub-section (2) may prefer an appeal to the commission15(4) a medical practitioner who is aggrieved by the decision of––(a) the board of ethics and registration for homoeopathy, may prefer an appeal to the commission within sixty days of communication of such decision;(b) the commission, may prefer an appeal to the central government within thirty days of communication of such decision20explanation:—for the purposes of this act;—(a) "state" includes union territory and the expressions "state government''and "state medical council for homoeopathy", in relation to a union territory, shall respectively mean the "central government" and "union territory medical council for homoeopathy";25(b) the expression "professional or ethical misconduct" includes any act of commission or omission, as may be specified by regulations;30national register and state register of homoeopathy31 (1) the board of ethics and registration for homoeopathy shall maintain a national register containing the name, address, all recognised qualifications possessed by a licensed medical practitioner of homoeopathy and such other particulars as may be specified by regulations(2) the national register shall be maintained in such form, including in electronic form and in such manner as may be specified by regulations35(3) the manner in which any name or qualification may be added to, or removed from, the national register and the grounds for removal thereof, shall be such as may be specified by the regulations(4) the national register shall be made available in the public by placing it on the website of the board of ethics and registration for homoeopathy40(5) every state medical council shall maintain and regularly update the state register in the specified electronic format and supply a physical copy of the same to the board of ethics and registration for homoeopathy within three months of the commencement of this act(6) the board of ethics and registration for homoeopathy shall ensure electronic synchronisation of the national register and the state register in such a manner that any change in one such register is automatically reflected in the other register32 (1) any person who has a recognised medical qualification in homoeopathy under this act and qualifies the national exit test held under section 15 shall have a licence to practice homoeopathy and shall have his name and qualifications enrolled in the national register or a state register, as the case may be:rights of persons to be enrolled in national register and their obligations thereto559 of 1973provided that a person who has been registered in the central register of homoeopathy maintained under the homoeopathy central council act, 1973 prior to the coming into force of this act and before the national exit test becomes operational under sub-section (3) of section 15, shall be deemed to have been registered under this act and be enrolled in the national register maintained under this act10(2) no person who has obtained a qualification in homoeopathy from a medical institution established in any country outside india and is recognised as a medical practitioner of homoeopathy in that country, shall, after the commencement of this act and the national exit test for homoeopathy becomes operational under sub-section (3) of section 15, be enrolled in the national register for homoeopathy, unless he qualifies the national exit test for homoeopathy1520(3) when a person whose name is entered in the state register or the national register, as the case may be, obtains any title, diploma or qualification for proficiency in sciences or medicine which is a recognised qualification under section 34 or section 35, as the case may be, he shall be entitled to have such title, diploma or qualification entered against his name in the state register or the national register, in such manner as may be specified by regulations33 (1) no person other than a person who is enrolled in the state register or the national register, as the case may be, shall—rights of persons to practice(a) be allowed to practice homoeopathy as a qualified practitioner:25(b) hold office as a physician or a surgeon or any other office, by whatever name called, which is meant to be held by a physician or surgeon, as the case may be;(c) be entitled to sign or authenticate a medical or fitness certificate or any other certificate required by any law to be signed or authenticated by a duly qualified medical practitioner;301 of 1872(d) be entitled to give evidence at any inquest or in any court of law as an expert under section 45 of the indian evidence act, 1872 on any matter relating to homoeopathy:35provided that the commission may permit a qualified person to practice homoeopathy without qualifying the national exit test, in such circumstances and for such period, as may be specified by regulations:provided further that the commission shall submit a list of such practitioners to the central government in such manner as may be prescribed:40provided also that a foreign citizen who is enrolled in his country as a practitioner of homoeopathy in accordance with the law regulating the registration of such practitioners in that country may be permitted temporary registration in india for such period and in such manner as may be specified by regulations(2) any person who acts in contravention of the provisions of this section shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five lakh rupees, or with both(3) nothing contained in sub-section (2) shall affect,—45(a) the right of a person enrolled on a state register as practitioner of homoeopathy to practice in any state merely on the ground that he does not possess, as on the date of commencement of this act, a recognised medical qualification in homoeopathy;(b) the right of a person who has been practicing homoeopathy for not less than five years in a state, to continue to practice in that state in which a state register of homoeopathy is not maintained as on the date of commencement of this act chapter vi 5 recognition of qualifications of homoeopathy1034 (1) the medical qualifications in homoeopathy at undergraduate or postgraduate or super-speciality level granted by any university or medical institution in india shall be listed and maintained by the homoeopathy education board, in such manner as may be specified by regulations and such medical qualification shall be a recognised qualification for the purposes of this actrecognition of qualifications granted by universities or medical institutions in india(2) any university or medical institution in india which grants an undergraduate or postgraduate or super-speciality qualification in homoeopathy not included in the list maintained by the homoeopathy education board, may apply to that board for granting recognition to such qualification15(3) the homoeopathy education board shall examine the application for grant of recognition within period of six months in such manner as may be specified by regulations20(4) where the homoeopathy education board decides to grant recognition to the qualification in homoeopathy, it shall include such qualification in the list maintained by it and shall also specify therein the date of effect of such recognition, otherwise it shall communicate its decision not to grant recognition to the concerned university or medical institution(5) the aggrieved university or the medical institution may prefer an appeal to the commission within a period of sixty days from the date of communication of the decision of homoeopathy education board in such manner as may be specified by regulations25(6) the commission shall examine the appeal received under sub-section (5) within a period of two months and if it decides that recognition may be granted to such medical qualification, it may direct the concerned board to include such qualification in the list maintained by that board in such manner as may be specified by regulations30(7) where the commission decides not to grant recognition under sub-section (6) or fails to decide within the specified period, the aggrieved university or medical institution concerned may prefer a second appeal to the central government within a period of thirty days of the communication of such decision or lapse of specified period, as the case may be59 of 197335(8) all medical qualifications which have been recognised before the date of commencement of this act and are included in the second schedule to the homoeopathy central council act, 1973, shall also be listed and maintained by the homoeopathy education board, in such manner as may be specified by regulations4035 (1) where an authority in any country outside india which, by the law of that country, is entrusted with the recognition of qualifications of homoeopathy in that country, makes an application to the commission for granting recognition to such qualification in india, the commission may, subject to such verification as it deems necessary, either grant or refuse to grant recognition to that medical qualificationrecognition of medical qualifications granted by medical institutions outside india(2) where the commission grants recognition to any medical qualification under sub-section (1) , such qualification shall be a recognised qualification for the purposes of this act and shall be included in the list maintained by the commission in such manner as may be specified:45provided that in case the commission decides not to grant recognition to any qualification, the commission shall give a reasonable opportunity of being heard to such authority before refusing to grant such recognition(3) where the commission refuses to grant recognition to a medical qualification under sub-section (2), the authority concerned may prefer an appeal to the central government for grant of recognition59 of 19735(4) all qualifications which have been recognised before the date of commencement of this act and are included in the third schedule to the homoeopathy central council, act, 1973 shall also be recognised medical qualifications for the purposes of this act and shall be listed and maintained by the commission in such manner as may be specified by the regulations36 (1) where, upon a report received from the medical assessment and rating board for homoeopathy orotherwise, it appears to the commission that—10withdrawal of recognition or derecognition of qualification(a) the courses of study and examination to be undergone in, or the proficiency required from candidates at any examination held by, a university or medical institution do not conform to the standards specified by homoeopathy education board; or15(b) the standards and norms for infrastructure, faculty and quality of education in medical institutions as determined by the homoeopathy education board are not adhered to by any university or medical institution, and such university or medical institution has failed to take necessary corrective action to maintain specified minimum standards, the commission may initiate action in accordance with the provisions of sub-section (2) :20provided that the commission shall, before, taking any action for suo motu withdrawal of recognition granted to the medical qualification awarded by a university or medical institution, impose penalty in accordance with the provisions of clause (f) of sub-section (l) of section 2825(2) the commission shall, after making such further inquiry as it deems fit, and after holding consultations with the state government and the authority of the concerned university or medical institution, comes to the conclusion that the recognition granted to a medical qualification ought to be withdrawn, it may, by order, withdraw recognition granted to such medical qualification and direct the homoeopathy education board to amend the entries against the university or medical institution concerned in the list maintained by that board to the effect that the recognition granted to such qualification is withdrawn with effect from the date specified in that order30(3) if the commission, after verification with the authority in any country outside india, is of the opinion that a recognised medical qualification which is included in the list maintained by it is to be de-recognised, it may, by order, de-recognise such medical qualification and remove it from the list maintained by the commission with effect from the date of such order3537 where the commission deems it necessary so to do, it may, by notification, direct that any qualification in homoeopathy granted by a medical institution outside india, after such date, as may be specified in that notification, shall be recognised qualification for the purposes of this act:special provision in certain cases for recognition of qualifications40provided that medical practice by a person possessing such qualification shall be permitted only if such person has been enrolled as a medical practitioner in accordance with the law regulating the registration of medical practitioner for the time being in force in that country:45provided further that medical practice by a person possessing such qualification shall be limited to such period as may be specified in that order:provided also that medical practice by a person possessing such qualification shall be permitted only if such person qualifies national exit test chapter vii grants, audit and accountsgrants by central government38 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 the central government may think fit539 (1) there shall be constituted a fund to be called "the national commission fund for homoeopathy" and there shall be credited thereto—national commission fund for homoeopathy(a) all government grants, fees, penalties and charges received by the commission and the autonomous boards;10(b) all sums received by the commission from such other source as may be decided by it (2) the fund shall be applied for making payment towards—15(a) the salaries and allowances payable to the chairperson and members of the commission, presidents and members of the autonomous boards and administrative expenses including the salaries and allowances payable to the officers and other employees of the commission and the autonomous boards;(b) the expenses incurred or to be incurred in carrying out the provisions of this act including in connection with the discharge of the functions of the commission and the autonomous boards20audit and accounts40 (1) the commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed, in consultation with the comptroller and auditor-general of india25(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 india30(3) the comptroller and auditor-general of india and any other persons 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 government accounts and in particular, shall have the right to demand the production of, and complete access to, records, books, accounts, connected vouchers and other documents and papers and to inspect the office of the commission35(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 by the commission to the central government which shall cause the same to be laid, as soon as may be after it is received, before each house of parliament4041 (1) the commission shall furnish to the central government, at such time, in suchform and in such manner, as may be prescribed or as the central government may direct, such reports and statements and such particulars in regard to any matter under the jurisdiction of the commission, as the central government may, from time to time, requirefurnishing of returns and reports to central government45(2) the commission shall prepare, once every year, in such form and at such time asmay he prescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the central government(3) a copy of the report received under sub-section (2) shall be laid by the central government, as soon as may be after it is received, before each house of parliament chapter viii miscellaneous542 (1) without prejudice to the foregoing provisions of this act, the commission and the autonomous boards shall, in exercise of their powers and discharge of their functions under this act be bound by such directions on questions of policy as the central government may give in writing to them from time to time:provided that the commission and the autonomous boards shall, as far as practicable, be given an opportunity to express their views before any direction is given under this sub-sectionpower of central government to give directions to commission and autonomous boards10(2) the decision of the central government whether a question is one of policy or not shall be final43 the central government may give such directions, as it may deem necessary, to a state government for carrying out all or any of the provisions of this act and the state government shall comply with such directionspower of central government to give directions to state governments1544 (1) the commission shall furnish such reports, copies of its minutes, abstracts of its accounts and other information to the central government as that government may requireinformation to be furnished by commission and publication thereof20(2) the central government may publish, in such manner as it may think fit, the reports, minutes, abstracts of accounts and other information furnished to it under sub-section (1) 45 every university and medical institutions covered under this act shall maintain a website at all times and display in its website all such information as may be required by the commission or an autonomous board, as the case may beobligation of universities and medical institutions25completion of courses of studies in medical institutions46 (1) notwithstanding anything contained in this act, any student who was studying for a degree or diploma in any medical institution immediately before the commencement of this act shall continue to so study and complete his course for such degree or diploma, and such institution shall continue to provide instructions and hold examination for such student in accordance with the syllabus and studies as existed before such commencement, and such student shall be deemed to have completed his course of study under this act and shall be awarded degree or diploma under this act3035(2) notwithstanding anything contained in this act, where recognition granted to a medical institution has lapsed, whether by efflux of time or by its voluntary surrender or for any other reason whatsoever, such medical institution shall continue to maintain and provide the minimum standards as approved by the commission till such time as all the candidates are able to complete their study in that institution45 of 186047 the chairperson, members, officers and other employees of the commission, president and members of autonomous boards shall be deemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal codechairperson, members, officers of commission, autonomous boards to be public servants40protection of action taken in good faith48 no suit, prosecution or other legal proceeding shall lie against the government, the commission or any autonomous board or a state medical council or any committee thereof, or any officer or other employee of the government or of the commission acting under this act for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereundercognizance of offences49 no court shall take cognizance of an offence punishable under this act except upon a complaint in writing made in this behalf by an officer authorised by the commission or the ethic and registration board or a state medical council, as the case may be50 (1) if, at any time, the central government is of opinion that––5(a) the commission is unable to discharge the functions and duties imposed on it by or under the provisions of this act; orpower of central government to supersede commission(b) the commission has persistently made default in complying with any direction issued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act,10the central government may, by notification in the official gazette, supersede the commission for such period, not exceeding one year, as may be specified in the notification:provided that before issuing a notification under this sub-section, the central government shall give a reasonable opportunity to the commission to show cause as to why it should not be superseded and shall consider the explanations and objections, if any, of the commission15(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;20(b) all the powers, functions and duties which may, by or under the provisionsof this act, be exercised or discharged by or on behalf of the commission, shall, until the commission is re-constituted under sub-section (3), be exercised and dischargedby such person or persons as the central government may direct;(c) all property owned or controlled by the commission shall, until the commission is re-constituted under sub-section (3), vest in the central government25(3) on the expiration of the period of supersession specified the notification issued under sub-section (1), the central government may,—(a) extend the period of supersession for such further term not exceeding six months, as it may consider necessary; or30(b) re-constitute the commission by fresh appointment and in such case themembers who vacated their offices under clause (a) of sub-section (2) shall not bedeemed disqualified for appointment:provided that the central government may, at any time before the expiration of the period of supersession, whether as originally specified under sub-section (1) or as extended under this sub-section, take action under clause (b) of this sub-section35(4) the central government shall cause a notification issued under sub-section (1)and a full report of any action taken under this section and the circumstances leading to such action to be laid before both houses of parliament at the earliest opportunity4051 (1) there shall be a joint sitting of the commission, the national commission forindian system of medicine and the national medical commission, at least once a year, at such time and place as they mutually appoint, to enhance the interface between homoeopathy, indian system of medicine, yoga and naturopathy and modern system of medicine(2) the agenda for the joint sitting may be placed with mutual agreement by the chairpersons of the commissions concerned45joint sittings of commission, national commission for indian systems of medicine and national medical commission(3) the joint sitting may, by an affirmative vote of all members present and voting, decide on approving specific educational and medical modules or programs that could be introduced in the undergraduate and postgraduate courses across medical systems, and promote medical pluralism52 every state government may, for the purposes of addressing or promoting healthcare in rural areas, take necessary measures to enhance the capacity of the healthcare professionalsstate government to promote primary healthcare in rural areas power to make rules53 (1) the central government may, by notification in the official gazette, make rules to carry out the purposes of this act5(2) in particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely:––(a) the manner of appointing five members of the commission on rotational basis from amongst the nominees of the states and union territories in the advisory council under clause (b) of sub-section (4) of section 4;10(b) the manner of electing members of the commission by the registered medical practitioners from amongst themselves and the regional constituencies from which such members are to be elected under clause (c) of sub-section (4) of section 4;15(c) the manner of nominating one expert by the central government under clause (c) of sub-section (1) of section 5;(d) the salary and allowances payable to, and other terms and conditions of service of, the chairperson and members under sub-section (4) of section 6;(e) the form and the manner of making declaration under sub-section (6) of section 6;20(f) the qualifications and experience to be possessed by secretary under sub-section (2) of section 8;(g) the salaries and allowances payable to, and other terms and conditions of the secretary, officers and other employees of the commission under sub-section (6)of section 8;25(h) the other powers to be exercised and other functions to be performed by the commission under clause (i) of sub-section (1) of section 10;(i) the salary and allowances payable to, and other terms and conditions of service of, the president and members of an autonomous board under sub-section (2) of section 21;30(j) the manner of submitting list of practitioners under the second proviso to sub-section (1) of section 33;(k) the form for preparing annual statement of accounts under sub-section (1)of section 40;35(l) the time within which, and the form and the manner in which, the reports and statements shall be furnished by the commission and the particulars with regard to any matter as may be required by the central government under sub-section (1) of section 41;(m) the form and the time for preparing annual report under sub-section (2) ofsection 41;40(n) the compensation for the premature termination of employment under the second proviso to sub-section (3) of section 57;(o) any other matter in respect of which provision is to be made by rules54 (1) the commission may, by notification, make regulations consistent with this act and the rules made thereunder to carry out the provisions 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 functions to be discharged by the secretary of the commission under sub-section (4) of section 8;5(b) the procedure in accordance with which experts and professionals may beengaged and the number of such experts and professionals under sub-section (7) of section 8;(c) the procedure to be followed at the meetings of commission, including the quorum at its meetings under sub-section (3) of section 9;10(d) the quality and standards to be maintained in education of homoeopathyunder clause (a) of sub-section (1) of section 10;(e) the manner of regulating medical institutions, medical researches and medicalprofessionals under clause (b) of sub-section (1) of section 10;15(f) the manner of regulating functioning of the commission, the autonomous boards and the state medical councils under clause (d) of sub-section (1) of section 10;(g) the procedure to be followed at the meetings of the medical advisory council, including the quorum at its meetings under sub-section (3) of section 13;20(h) the other languages in which, the designated authority through which, andthe manner in which the national eligibility-cum-entrance test shall be conducted under sub-section (2) of section 14;(i) the manner of conducting common counselling by the designated authority for admission to medical institutions under sub-section (3) of section 14;25(j) the other languages in which, the designated authority through which, andthe manner in which, the national exit test shall be conducted under sub-section (2)of section 15;(k) the other languages in which, the designated authority through which, andthe manner in which admission to postgraduate courses shall be conducted under sub-section (2) of section 16;30(l) the manner of conducting common counselling by the designated authorityfor admission to the postgraduate seats in all medical institutions under sub-section (3) of section 16;35(m) the manner of conducting the national teachers' eligibility test for homoeopathy and the designated authority through whom such test shall be conducted under sub-section (2) of section 17;(n) the number of, and the manner in which, experts, professionals, officers andother employees shall be made available by the commission to the autonomous boards under section 23;40(o) the manner in which decisions of the autonomous boards shall be made under sub-section (2) of section 24;(p) the competency based dynamic curriculum at all levels under clause (b)of sub-section (1) of section 26;(q) the manner of setting up of medical institutions for imparting undergraduate, postgraduate and super-speciality courses in homoeopathy under clause (c) of sub-section (1) of section 26;45(r) the minimum requirements and standards for conducting courses and examinations in medical institutions under clause (d) of sub-section (1) of section 26;(s) the standards and norms for infrastructure, faculty and quality of education and research in medical institutions of homoeopathy under clause (e) of sub-section (1)of section 26;5(t) the manner of regulating professional conduct and promoting medical ethics under clause (b) of sub-section (1) of section 27;(u) the procedure for assessment and rating of the medical institutions under clause (a) of sub-section (1) of section 28;(v) the manner of carrying out inspections of medical institutions for assessing and rating under clause (c) of sub-section (1) of section 28;10(w) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, assess and rate all medical institutions under clause (d) of sub-section (1) of section 28;(x) the manner of making available on website or in public domain the assessment and ratings of medical institutions under clause (e) of sub-section (1) of section 28;15(y) the measures to be taken against a medical institution for failure to maintain the minimum essential standards under clause (f) of sub-section (1) of section 28;(z) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing new medical college under sub-section (2) of section 29;20(za) the manner of preferring an appeal to the commission for approval of the scheme under sub-section (5) of section 29;25(zb) the manner of taking disciplinary action by a state medical council for professional or ethical misconduct of registered medical practitioner and the procedure for receiving complaints and grievances by the board of ethics and registration for homoeopathy, under sub-section (2) of section 30;(zc) the act of commission or omission which amounts to professional or ethical misconduct under clause (b) of the explanation to section 30;(zd) other particulars to be contained in a national register under sub-section (1) of section 31;30(ze) the form, including the electronic form and the manner of maintaining the national register under sub-section (2) of section 31;(zf) the manner in which any name or qualification may be added to, or removed from, the national register and the grounds for removal thereof, under sub-section (3) of section 31;35(zg) the manner of entering the title, diploma or qualification in the state register or the national register under sub-section (3) of section 32;(zh) the circumstances in which, and the period for which, the commission may permit a qualified person to practice homoeopathy without qualifying the national exit test under the first proviso to sub-section (1) of section 33;40(zi) the manner in which, and the period for which temporary registration may be permitted to a foreign citizen under the third proviso to sub-section (1) of section 33;(zj) the manner of listing and maintaining medical qualifications granted by a university or medical institution in india under sub-section (1) of section 34;(zk) the manner of examining the application for grant of recognition under sub-section (3) of section 34;(zl) the manner of preferring an appeal to the commission for grant of recognition under sub-section (5) of section 34;(zm) the manner of including a medical qualification in the list maintained by the board under sub-section (6) of section 34;5(zn) the manner in which the homoeopathy education board shall list and maintainthe medical qualifications which have been granted recognition before the date of commencement of this act, under sub-section (8) of section 34;10(zo) the manner in which the commission shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this act, under sub-section (4) of section 35rules and regulations to be laid before parliament1555 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 regulation20power to remove difficulties56 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear to it to be necessary, for the removing of the difficulty:provided that no order shall be made under this section after the expiry of a period of two years from the commencement of this act25(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliamentrepeal and saving59 of 19733057 (1) with effect from such date as the central government may, by notification, appoint in this behalf, the homoeopathy central council, act, 1973 shall stand repealed and the central council of homoeopathy constituted under section 3 of the said act shall stand dissolved(2) notwithstanding the repeal of the act referred to in sub-section (1), it shall not affect,––(a) the previous operation of the acts so repealed or anything duly done orsuffered thereunder; or35(b) any right, privilege, obligation or liability acquired, accrued or incurred underthe act so repealed; or(c) any penalty incurred in respect of any contravention under the act sorepealed; or40(d) any proceeding or remedy in respect of any such right, privilege, obligation,liability, penalty as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty may be imposed as if that act had not been repealed45(3) on the dissolution of the central council of homoeopathy, the person appointed as the chairman of that council and every other person appointed as the member and any officer and other employees of the council and holding office as such immediately before such dissolution shall vacate their respective offices and such chairman and other members shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of their office or of any contract of service:provided that any officer or other employee who has been, immediately before the dissolution of the central council of homoeopathy appointed on deputation basis to the central council of homoeopathy, shall, on such dissolution, stand reverted to their parent cadre, ministry or department, as the case may be:5provided further that any officer, expert, professional or other employee who has been, immediately before the dissolution of the central council of homoeopathy employed on regular basis or on contractual basis by the council, shall cease to be such officer, expert, professional or other employees of the central council and shall be entitled to such compensation for the premature termination of his employment, which shall not be less than three months' pay and allowances, as may be prescribed101559 of 1973(4) notwithstanding the repeal of the aforesaid enactment, any order made, any licence to practice issued, any registration made, any permission to start new medical institution or to start higher course of studies or to increase in the admission capacity granted, any recognition of medical qualifications granted, under the homoeopathy central council, act, 1973 which are in force as on the date of commencement of this act shall continue to be in force till the date of their expiry for all purposes, as if they had been issued or granted under the provisions of this act or the rules or regulations made thereundertransitory provisions2058 (1) the commission shall be the successor in interest to the central council of homoeopathy including its subsidiaries or owned trusts and all the assets and liabilities of the central council of homoeopathy shall be deemed to have been transferred to the commission59 of 197325(2) notwithstanding the repeal of the homoeopathy central council, act, 1973, the educational and medical standards, requirements and other provisions of the homoeopathy central council, act, 1973 and the rules and regulations made thereunder shall continue to be in force and operate till new standards or requirements are specified under this act or the rules and regulations made thereunder:30provided that anything done or any action taken as regards the educational and medical standards and requirements under the enactment under repeal and the rules and regulations made thereunder shall be deemed to have been done or taken under the corresponding provision of this act and shall continue in force accordingly unless and until superseded by anything or by any action taken under this act(3) the central government may take such measures, as may be necessary, for the smooth transition of the dissolved central council of homoeopathy to the corresponding to new commission under this act statement of objects and reasonsthe homoeopathy central council (hcc) act, 1973 (59 of 1973) was enacted to provide a solid foundation for the growth of homoeopathy medical education and provides for constitution of the central council of homoeopathy for regulation of the educational standards of homoeopathy, maintenance of the central register of practitioners and for matters connected therewith2 the said homoeopathy central council act has not kept pace with time various bottlenecks have crept into the system with serious detrimental effects on medical education and by implication on delivery of quality health services3 in order to streamline the functioning of the central council of homoeopathy, to bring transparency in the mechanism for grant of permission to medical institutions and to improve the standards of medical education in homoeopathy, the central government had introduced the homoeopathy central council (amendment) bill, 2005 and the homoeopathy central council (amendment) bill, 2015 in rajya sabha which are still pending4 in 2016, the central government constituted a committee chaired by vice-chairman, niti aayog to review the homoeopathy central council act and the said committee has recommended for enactment of the national commission for homoeopathy on the same lines as that of the national medical commission bill, 2018 which has been introduced in lok sabha5 the national commission for homoeopathy, bill, 2019, inter alia, seeks to provide for—(a) constitution of a national commission for homoeopathy for development and regulation of all aspect relating to education, medical profession and medical institutions of homoeopathy and an advisory council to advise and make recommendations to the commission;(b) constitution of three autonomous boards, namely:—(i) the homoeopathy education board to regulate homoeopathy education at undergraduate and post-graduate levels and to determine standards thereof;(ii) the medical assessment and rating board for homoeopathy to carry out inspections and to assess and rate the medical institutions; and(iii) the board of ethics and registration for homoeopathy to regulate professional conduct and promote medical ethics amongst practitioners and professionals of homoeopathy and to maintain a national register of all licensed practitioners of homoeopathy; (c) holding of a uniform national eligibility-cum-entrance test for admission to undergraduate medical education;(d) holding of a national exit test for granting licence to practice as medical practitioner of homoeopathy;(e) holding of a uniform post-graduate national entrance test for postgraduate courses;(f) holding of national teachers' eligibility test for homoeopathy for appointment as teachers of homoeopathy;(g) the manner of seeking permission for establishment of new medical institution;(h) the manner of maintaining national register and state register of homoeopathy;(i) recognition of medical qualification granted by universities and medical institutions in india and outside india and withdrawal of recognition or de-recognition of qualification;(j) holding of joint sitting of the commissions of other medical education to enhance interface between homoeopathy, indian system of medicine, and modern system of medicine;(k) the repeal of the homoeopathy central council act, 1973 and for dissolution of the central council of homoeopathy constituted thereunder with certain conditions 6 the bill seeks to achieve the above objectivesnew delhi;shripad yesso naikthe 2nd january, 2019 notes on clausesclause 1 provides for short title, extent and commencement of the proposed act clause 2 defines various terms and expressions used in the proposed act clause 3 provides for constitution of the national commission for homoeopathy in the proposed actclause 4 provides for composition of the national commission for homoeopathy and appointment and qualifications of its constituent members the commission shall be a twenty member body comprising of chairperson, seven ex officio members and twelve part-time members of the part-time members, three shall be from non-medical background and four shall be elected members from among registered medical practitioners of homoeopathyclause 5 provides for composition of the search committee for appointment of the chairperson and presidents of boards of the commission under proposed act the committee shall be chaired by the cabinet secretary and include two experts nominated by the central government of which one shall be with experience in field of homoeopathy and one from non-medical one of the elected medical member in national commission for homoeopathy shall also be a member of this committee the secretary to the government of india in charge of the ministry of ayush are the other members:provided that for selection of part-time members of the commission referred in clause (a) of sub-section (4) of section 4, the secretary referred in section 8 and other members of the boards referred in section 20, the search committee shall consist of members specified in clauses (b) to (d) and joint secretary to the government of india in the ministry of ayush as convenor-member and chaired by the secretary to the government of india in charge of the ministry of ayushclause 6 provides duration of office, salary and allowances and other terms and conditions of service of the chairperson and members of the commission they shall hold office for a term not exceeding four years and will not be eligible for extension or re-appointmentclause 7 provides for removal of the chairperson and members of the commission clause 8 provides for appointments of the secretary, experts, professionals, officers and other employees of the commissionclause 9 provides for meetings, its chairperson, quorum and other ancillary matters connected to meetings the commission shall meet at least once every quarterclause 10 provides for powers and functions of the commission including:—(a) formulation of policies and framing of guidelines for ensuring high qualityand standards in medical education and research;(b) coordination of functioning of the commission, autonomous boards andstate medical councils;(c) formulation of policy for regulation of medical profession; (d) power to delegate and form sub-committeesclause 11 provides for constitution and composition of the advisory council for homoeopathy it shall consist of one nominee from every state who shall be the vice-chancellor of state university with maximum homoeopathy colleges under it ministry of home affairs shall nominate one member to represent each union territory every member of the national commission for homoeopathy shall be ex officio members of the advisory council four members from among directors of indian institutes of technology, indian institutes of management and the indian institute of science shall also be its membersclause 12 provides for functions of advisory council to advise the commission on minimum standards in medical education, training and researchclause 13 provides for meetings and quorum of the advisory council clause 14 provides for uniform national eligibility-cum-entrance test and counselling for admission in undergraduate course in medical institutionsclause 15 provides that national exit examination for students graduating from the medical institutions for granting licence to medical practice clause 16 provides for uniform national eligibility-cum-entrance test and counselling for admission in post-graduate course in medical institutionsclause 17 provides for uniform national teachers eligibility test for homoeopathy for appointment of teachersclause 18 provides for constitution of three autonomous boards under the overall supervision of the commission the three autonomous boards are the homoeopathy education board, the medical assessment and rating board for homoeopathy and board of ethics and registration for homoeopathyclause 19 provides for composition of the following autonomous boards—(a) board of homoeopathy consist of the president and four members from the homoeopathy discipline;(b) the medical assessment and rating board for homoeopathy shall consist of a president and two members; the second member of medical assessment and rating board shall be from non-medical background;(c) the board of ethics and registration for homoeopathy shall consist of a president and two members; the second member of medical assessment and rating board shall be from non-medical background clause 20 provides for search committee for appointment of the president and members of the autonomous boardsclause 21 provides for duration of office, salary and allowances and other terms and conditions of service of the president and members of the autonomous boardsclause 22 provides for advisory committees of experts constituted by the commission to render assistance to all autonomous boards for discharging of functions assigned under the actclause 23 provides for staff of autonomous boards clause 24 provides for meetings of autonomous boards every board shall meet at least once a monthclause 25 provides for powers of autonomous boards and delegation of powers clause 26 provides for powers and functions of homoeopathy education board including determination of standards of medical education of homoeopathy at undergraduate and postgraduate level, framing of guidelines for establishment of medical institutions for imparting undergraduate and postgraduate medical courses, granting of recognition to medical institutions at all levelsclause 27 provides for powers and functions of board of ethics and registration for homoeopathy including maintain a national register for all licensed medical practitioners and regulate professional conduct, to develop mechanism for continuous interaction with state medical councilsclause 28 provides for powers and functions of medical assessment and rating board for homoeopathy including determine the procedure for assessing and rating of medical institutions for compliance with prescribed standards, granting of permission for establishment of new medical institutions and carrying out of inspection for this purpose, imposing of monetary penalty on medical institution for failure to maintain minimum essential standards prescribedclause 29 provides for permission for establishment of new medical college and for criteria for approval or disapproval of the scheme for establishment of new medical collegeclause 30 provides for establishment of the state medical council and other provisions relating theretoclause 31 provides for the maintenance of a national register by board of ethics and registration for homoeopathy which shall contain the name, address and all recognised qualifications possessed by licensed medical practitioner every state medical council shall maintain a state register the registers will be maintained in such forms including electronic form as may be specified clause 32 provides for rights of persons to have license to practice and to be enrolled in national register or state register a person who qualifies national exit examination shall be enrolled in the national register or state registerclause 33 provides for bar to practice a person who is not enrolled in the state or national register of homoeopathy shall not be allowed to practice medicine or perform any of the function enrolled upon a qualifies medical practitioner such as holding an office of physician or surgeon, signing a medical certificate or giving evidence in matters related to medicine any violation shall be punishable with fine up to five lakhs the commission may permit exceptions from qualifying national exit examination in certain cases foreign medical practitioners shall be permitted temporary registration in india in such manner as may be prescribedclause 34 provides for recognition of medical qualifications granted by universities or medical institutions in india the institutions shall apply board of homoeopathy which shall examine the application and decide on grant of recognition first appeal shall lie to the commission and second appeal to the central governmentclause 35 provides for recognition of medical qualifications granted by medical institutions outside indiaclause 36 provides for withdrawal of recognition granted to medical qualification granted by medical institutions in india the medical assessment and rating board for homoeopathy shall make a report to the commission which shall decide the matterclause 37 provides for special provisions in certain cases for recognition of medical qualifications this relates to medical institutions outside indiaclause 38 provides for grants by the central government clause 39 provides for national medical commission fund for homoeopathy which shall form part of the public account of india all government grants, fee, penalties and all sums received by the commission shall form part of it the fund shall be applied for making payments towards all expenses in the discharge of the functions of the commissionclause 40 provides for audit and accounts the accounts of the commission shall be audited by the comptroller and auditor-general of indiaclause 41 provides for furnishing of returns and reports to the central government clause 42 provides for power of the central government to give directions to commission and autonomous boards on questions of policyclause 43 provides for power of the central government to give directions to state governmentsclause 44 provides for information to be furnished by the commissioner and publication thereofclause 45 provides for obligations of universities and medical institutions they shall maintain a website at all times and display all such information as may be required by the commissionclause 46 provides for completion of courses of studies in medical institutionsstudents who were studying in any medical institution before the commencement of this act shall continue to study and complete in accordance with syllabus and studies as existed before such commencement such student shall be deemed to have completed course of study under this actclause 47 provides for the chairperson, members, officers of the commission and of autonomous boards to be public servants within the meaning of section 21 of the indian penal codeclause 48 provides for protection of action taken in good faith clause 49 provides for cognizance of offences by courts only upon a complaint in writing by an authorised officer of the committee or ethics and medical registration board or state medical councilclause 50 provides for power of the central government to supersede commission if it is unable to discharge the functions and duties imposed upon it or persistently defaults in complying with any direction issued by the central government the central government may issue notifications of supersession not exceeding one year at a timeclause 51 provides for joint sittings of the commission, the national commission for indian systems of medicine and the national medical commission, to enhance the interface between homoeopathy, indian system of medicine and modern system of medicineclause 52 provides for promoting primary healthcare in rural areas by the state governmentsclause 53 provides for power to make rules the central government may be notification make rules to carry out the purposes of this actclause 54 provides for power to make regulations the commission may after previous publication by notification make regulations consistent with this actclause 55 provides for rules and regulations to be laid before parliament clause 56 provides for power to remove difficulties the central government may be order published in official gazette make such provisions not inconsistent with the provisions of this act for removing the difficultyclause 57 provides for repeal and saving the homoeopathy central council act,1973 shall stand repealed and the central council of homoeopathy shall stand dissolved from the date as may be prescribed by the central government the chairman and other members and employees of central council of indian medicine shall vacate their respective offices and be entitled to the compensationclause 58 provides for transitory provisions even after the repeal of the homoeopathy central council act, 1973, the rules and regulations made thereunder shall continue to be in force till new rules and regulations are framed by national commission for homoeopathy financial memorandumsub-clause (1) of clause 3 of the bill provides for constitution of the national commission for homoeopathy to exercise the powers and to perform the functions assigned to it sub-clause (1) of clause 4 provides for the appointment of chairperson and members of the commission sub-clause (4) of clause 6 provides for payment of salary and allowances to the chairpersons and members, other than ex officio members sub-clause (1) of clause 8 provides for appointment of secretary of the commission and sub-clause (5) thereof provides for appointment of officers and other employees of the commission sub-clause (6) of said clause provides for payment of salary and allowances to secretary, officers and other employees of the commission2 sub-clause (1) of clause 18 provides for constitution of three autonomous boardsclause 19 provides composition of autonomous boards consisting of a president and members clause 20 provides for appointment of president and members of the autonomous boards and sub-clause (2) of clause 21 provides for salary and allowances of the president and members of the autonomous boards3 clause 38 provides for payment of grants to the commission, after due appropriation made by parliament by law in this behalf, as the central government may think fit4 sub-clause (1) of clause 39 provides for the constitution of fund to be called the national commission fund for homoeopathy and setting up of the commission would entail some expenditure from the consolidated fund of india all government grants, fees and charges received by the commission and the autonomous boards and all sums received by the commission from such other source as may be decided upon by the central government shall be credited to the fund and shall be applied for payment of salaries and allowances and the expenses incurred in carrying out the provisions of the bill5 sub-clause (3) of clause 57 provides that on the dissolution of the central council of homoeopathy, persons appointed as chairman, members, officers and other employees of that council shall vacate their respective offices and that such chairman and members shall, for such premature termination, be entitled to claim compensation not exceeding three months' pay and allowances and the officers and employees who are employed on regular and contractual basis by the central council of homoeopathy shall be entitled to such compensation, which shall not be less than three months' pay and allowances, as may be provided by rules6 the expenditure would be largely met from corpus of the existing central council of homoeopathy and the funds generated by the national commission for homoeopathy the budgetary support by the government to the commission and its constituent bodies is estimated not to exceed the level of the current budgetary support given to the council further, as expenditure would depend on the number of meetings of the commission, recurring or non-recurring expenditure cannot be anticipated at this stage memorandum regarding delegated legislationclause 53 of the bill empowers the central government to make rules by notification in the official gazette, inter alia, in respect of matters relating to—(a) the manner of appointing five members of the commission on rotational basis from amongst the nominees of the states and union territories in the advisory council;(b) the manner of electing members of the commission by the registered medical practitioners from amongst themselves and the regional constituencies from which such members are to be elected;(c) the manner of nominating one expert by the central government; (d) the salary and allowances payable to, and other terms and conditions of service of, the chairperson and members;(e) the form and the manner of making declaration of assets and liabilities of the chairperson and every member of the commission;(f) the qualification and experience to be possessed by the secretary of the commission;(g) the salaries and allowances payable to, and other terms and conditions of service of, the secretary, officers and other employees of the commission; (h) the other power to be exercised and other function to be performed by the commission;(i) the salary and allowances payable to, and other terms and conditions of service of, the president and members of an autonomous board;(j) the manner of submitting a list of practitioners; (k) the form for preparing annual statement of accounts;(l) the time within which, and the form and the manner in which, the reports and statements shall be furnished by the commission and the particulars with regard to any matter as may be required by the central government; (m) the form and the time for preparing annual report; (n) the compensation for the premature termination of employment; (o) any other matter in respect of which provision is to be made by rules2 sub-clause (3) of clause 15 of the bill empowers the central government to make the national exit test operational from such date, within three years from the date of commencement of this act, as may be appointed by notification3 sub-clause (1) of clause 18 of the bill empowers the central government to constitute, by notification, the autonomous boards under the overall supervision of the commission, to perform the functions assigned to such boards under this act4 clause 37 of the bill empowers the commission to direct,by notification, that any medical qualification granted by a medical institution in a country outside india, after such date as may be specified in that notification, shall be a recognised medical qualification for the purposes of this act5 clause 54 of the bill empowers the commission to make regulations after previous publications and by notification in the official gazette, inter alia, in respect of matters relating to—(a) the functions to be discharged by the secretary of the commission; (b) the procedure in accordance with which experts and professionals may be engaged and the number of such experts and professionals;(c) the procedure to be followed at the meetings of commission, including the quorum at its meetings;(d) the quality and standards to be maintained in education of homoeopathy; (e) the manner of regulating medical institutions, medical researches and medical professionals;(f) the manner of functioning of the commission, the autonomous boards and the state medical councils;(g) the procedure to be followed at the meetings of the advisory council for homoeopathy, including the quorum at its meetings;(h) the other languages in which, the designated authority through which, and the manner in which the national eligibility-cum-entrance test shall be conducted;(i) the manner of conducting common counselling by the designated authority for admission to the medical institutions;(j) the other languages in which, the designated authority through which, and the manner in which national exit test shall be conducted;(k) the other languages in which, the designated authority through which, and the manner in which the admission to postgraduate courses shall be conducted;(l) the manner of conducting common counselling by the designated authority for admission to the postgraduate seats in medical institutions;(m) the manner of conducting the national teachers' eligibility test for homoeopathy and the designated authority through whom such test shall be conducted;(n) the number of, and the manner in which, the experts, professionals, officers and other employees shall be made available by the commission to the autonomous boards;(o) the manner in which decisions of the autonomous boards shall be made; (p) the competency based dynamic curriculum at all levels of education; (q) the manner of imparting undergraduate, postgraduate and superspeciality courses in homoeopathy;(r) the minimum requirements and standards for conducting courses and examinations in medical institutions;(s) the standards and norms for infrastructure, faculty and quality of education and research in medical institutions of homoeopathy;(t) the manner of regulating professional conduct and promoting medical ethics; (u) the procedure for assessment and rating of the medical institutions; (v) the manner of carrying out inspections of medical institutions for assessing and rating;(w) the manner of conducting, and the manner of empanelling independent rating agencies to conduct, assess and rate all medical institutions;(x) the manner of making available on website or in public domain the assessment and ratings of medical institutions;(y) the measures to be taken against a medical institution for failure to maintain the minimum essential standards;(z) the form of scheme, the particulars thereof, the fee to be accompanied and the manner of submitting scheme for establishing new medical college;(za) the manner of preferring an appeal to the commission for approval of the scheme;(zb) the manner of taking disciplinary action by a state medical council for professional or ethical misconduct of registered medical practitioner and the procedure for receiving complaints and grievances by the board of ethics and registration for homoeopathy;(zc) the act of commission or omission which amounts to professional or ethical misconduct;(zd) other particulars to be contained in a national register; (ze) the form, including the electronic form and the manner of maintaining the national register;(zf) the manner in which any name or qualification may be added to, or removed from, the national register and the grounds for removal;(zg) the manner of entering the title, diploma or qualification in the state register or the national register;(zh) the circumstances in which, and the period for which, the commission may permit a qualified person to practice homoeopathy without qualifying the national exit test;(zi) the manner in which, and the period for which, temporary registration may be permitted to a foreign citizen;(zj) the manner of listing and maintaining medical qualifications granted by a university or medical institution in india;(zk) the manner of examining the application for grant of recognition; (zl) the manner of preferring an appeal to the commission for grant of recognition;(zm) the manner of including a medical qualification in the list maintained by the board;(zn) the manner in which the homoeopathy education board shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this act;(zo) the manner in which the commission shall list and maintain the medical qualifications which have been granted recognition before the date of commencement of this act 6 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 itself the delegation of legislative power is, therefore, of a normal character ———— a billto provide for a medical education system that improves access to quality and affordablemedical education, ensures availability of adequate and high quality homoeopathy medical professionals in all parts of the country; that promotes equitable and universal healthcare that encourages community health perspective and makes services of homoeopathy medical professionals accessible to all the citizens; that promotes national health goals; that encourages homoeopathy medical professionals to adopt latest medical research in their work and to contribute to research; that has an objective periodic and transparent assessment of medical institutions and facilitates maintenance of a homoeopathy medical register for india and enforces high ethical standards in all aspects of medical services; that is flexible to adapt to the changing needs and has an effective grievance redressal mechanism and for matters connected therewith or incidental thereto ————ofayurveda, yoga and naturopathy, unani, siddha and homoeopathy (ayush)]

Parliament_bills

2228f605-a5e5-5969-b670-6ca271ec4ec1

bill no 133 of 2017 the compulsory health insurance for senior citizens, mentally retarded children and persons with disabilities bill, 2017 by shri om prakash yadav, mp a billto provide for the compulsory health insurance for the senior citizens, mentally retarded children and persons with disability to be funded by the government and for free of cost treatment of insured persons by all hospitals including private hospitals and clinics, etc and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—mentally retarded children and persons with disabilities act, 2017short title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state the government of that state and in all other cases, the central government;(b) "beneficiary" means a disabled person, senior citizen or mentally retarded child who has been given health insurance under this act;5(c) "child" means a human being irrespective of gender who has not attained the age of twenty years;10(d) "disabled person" means a person suffering from not less than forty per cent of any physical disability as certified by a competent medical authority and whose monthly income from all sources is not more than twenty thousand rupees;(e) "mentally retarded child" means a child with a condition of arrest or incomplete development of mind which is specially characterised by subnormality of intelligence;(f) "person with disability" shall have the same meaning as assigned to it in clause (s) of section 2 of the rights of persons with disabilities act, 2016;49 of 201615(g) "prescribed" means prescribed by rules made under this act; (h) "scheme" means health insurance scheme framed under section 3; and (i) "senior citizen" means a male, female or a transgender who has completed the age of sixty years203 (1) the central government shall, as soon as may be, but within one year of the commencement of this act, by notification in the official gazette, formulate a comprehensive health insurance scheme for the senior citizens, mentally retarded children and persons with disability25(2) the appropriate government shall pay the premium of health insurance payable by the senior citizens, mentally retarded children and persons with disability to the insurer for providing healthcare services to the beneficiaries covered under the provisions of this act in such manner as may be prescribedcomprehensive health insurance scheme for the senior citizens, mentally retarded children and disabled personsfree health care facilities304 (1) notwithstanding anything contained in any other law for the time being in force, every beneficiary covered under this act, shall be entitled to healthcare facilities, free of cost from all the hospitals including government and privately owned hospitals, nursing homes and clinics, as may be specified by the appropriate government, from time to time;(2) the free healthcare facilities referred to in sub-section (1) shall include:—(a) consultation with physicians and specialists; (b) out patient and indoor treatment;(c) diagnostic and laboratory services of all kinds;35(d) all kinds of surgeries; (e) medicines; (f) blood transfusing and such other facilities; and (g) such other treatments and provisions as may be prescribed40public sector insurance companies to make payments to hospitals5 (1) notwithstanding anything contained in any other law for the time being in force, the public sector insurance companies shall enter into agreement with privately owned hospitals make payments to such hospitals at such rates as may be agreed to upon by the public sector insurance companies and the hospitals for providing healthcare facilities free of cost to the beneficiaries covered under this act5(2) the public sector insurance companies which have entered into an agreement with private hospitals under sub-section (1), may either themselves or through an agency designated in that behalf inspect the hospitals from time to time to ensure that provisions of this act are effectively complied with and if, it is found that any private hospital does not comply with the provisions of this act, such hospital shall be blacklisted and shall also be liable to pay such compensation, as may be prescribed6 the central government shall, after due appropriation made by parliament by law in this behalf, provide in each financial year requisite funds to the government of the states and public sector insurance companies for the implementation of the provisions of this actcentral government to provide funds10act to have overriding effect7 the provisions of this act and rules made thereunder shall have effect,notwithstanding anything inconsistent therewith contained in any other law for the time being in force8 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this actact to supplement other law15power to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act20(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 millions of senior citizens, disabled persons and mentally retarded children in our country who do not have access to adequate and good quality healthcare facilities their number is continuously increasing the general insurance companies do not insure them senior citizens after completing the age of sixty five years are not insured for health cover by the private sector insurance companies public sector insurance companies have recently started insuring senior citizens irrespective of age but majority of senior citizens are out of the ambit of health insurance whereas at this juncture of their lives they need the health cover the most similarly mentally retarded children and disabled persons have to depend on others for many things including the healthcare facilities the families of disabled persons and mentally retarded children are forced to bear huge costs beyond their means for the healthcarehence, it has become necessary for the government to take sole responsibility to provide health insurance and healthcare facilities to senior citizens, disabled persons and mentally retarded childrenhence this billnew delhi;om prakash yadavjuly 4, 2017 financial memorandumclause 3 of the bill provides for formulation of a comprehensive health insurance scheme for the senior citizen, mentally retarded children and persons with disabilities clause 4 provides for free healthcare facilities clause 7 makes it obligatory for the central government to provide requisite funds for the purposes of this bill the bill, therefore, if enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees two lakh crore may involve as recurring expenditure per annum from the consolidated fund of indiano non-recurring expenditure is likely to be involved memorandum regarding delegated legislationclause 10 of the bill gives power to the central government to make rules for carrying out the purposes of the bill as the rules will relate to matter of details only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for the compulsory health insurance for the senior citizens, mentally retardedchildren and persons with disability to be funded by the government and for free ofcost treatment of insured persons by all hospitals including private hospitals andclinics, etc and for matters connected therewith or incidental thereto————(shri om prakash yadav, mp)gmgipmrnd—958ls(s3)—20-07-2017

Parliament_bills

f974badc-ae34-509d-8441-5ced4edd7373

biu no 20 of 1988 toe appropriation (railways) no 2 bill, 1988 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 1987-88 for the purposes of railwaysb e it enacted by parliam ent in the t hirty-ninth y ear of the republic of india as follows:—short titie1 this act m ay be called the a ppropriation (railways) no 2 act, 19885 2 from and out of the consolidated fund of india there m ay be paidand applied sums not exceeding those specified in column 3 of the schedule am ounting in the aggregate to the sum of four hundred and eighty-seven crores, fifty-three lakhs and th irty thousand rupees tow ards defraying the several charges w hich w ill come in course of paym ent 10 during the financial year 1987-88, in respect of the services relating to railways specified in column 2 of the scheduleissue of rs 487,- 53,30,000 out of the con­solidated furwi of india for the financial year 1987-88alppropriation3 the sums authorised to be paid and applied from and out of the consolidated fund of india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said 13 year123services and purposessums not e?accedingnoofvotevoted by ' parliamentcharged on the consoli­ dated fundtotalrsrsrs1railwg board 46,21,000••46,21,0003general superintendence and services on railways 29,54,75000z,76,ooo29,57,510004repairs and maintenance of permanent way and works 52,78,01,0004,68,00052,82,69,0005repairs and maintenance of motive power 8,07,10,00023,0008,07,33,0006repairs and maintenance of carriages and wagons8,27,86,0008,27,86,0001121,00,16,0007repairs and maintenance ofplant and equipment 1 21,00,16,0008operating expenses—rolling stock and equipment 64,50,85,0004,85,00064,55,70,0009operating expenses—traffic 62,07,80,0002,38,00062,10,18,00010operating expenses—fuel 30,61,49,00030,61,49,00011staff welfare and amenities18,17,11,00018,17,11,00012miscellaneous working expenses39,05,61,00039,05,61,00013provident fund, pension and other retirement benefits1 142,31,76,0002,47,33,000144,79,09,000141 appropriation to funds4,60,00,0004,6000,00016assets—acquisition, construction and replacement—irevenue 2,05,86,0002,05,86,000other expenditurecapital 3,000l,3fii42,ooo1,36,45,000railway funds5,0005,000t o t a l483,54,65,000487,53,30,000this bill is introduced in pursuance of article 114(1) of the consti­tution of india, read w ith article 115 thereof, to provide for th e appro­priation out of the consolidated fund of india of the m oneys required to m eet the supplem entary expenditure charged on th e consolidated fund of india and the grants m ade by the lok sabha for expenditure of the c entral g overnm ent on railways for the financial year 1987-88madhavrao scindia president's recommendation under article 117 op the constitution of india[copy of letter no 88-b-402 dated 10 m arch, 1988 from shri m adhavrao scindia, m inister of s tate for railways to the secretary-g eneral, lofc sabha]the p resid en t, having been inform ed of the subject m atter of th e proposed a ppropriation bill to authorise paym ent and appropriation of certain further sum s from an d out of the consolidated fund of india for the services of the financial year 1987-88 for the purposes of ranways, recom m ends under clauses (1) and (3) of article 117 of the constitution of india read w ith clause (2) of article 115 thereof, the introduction in and consideration by lok sabha of the a ppropriation bill a billto authorise paym ent and appropriation of certain fu rth er sums from and out of th e consolidated f und of india for thle services of the financial year 1987-88 for the purposes of railways(shn madhavrao scindra, minister of s to tt of the ministry of railub^/sy

Parliament_bills

7e2ec922-25a4-5904-babf-1b61250ddca8

bill no xxii of 2002 the high court of madhya pradesh (establishment of a permanent bench at bhopal) bill, 2002 a billto provide for the establishment of a permanent bench of the high court of madhya pradesh at bhopalbe it enacted by parliament in the fifty-third year of the republic of india as follows:—short title1 this act may be called the high court of madhya pradesh (establishment of apermanent bench at bhopal) act, 2002 statement of objects and reasonsgeographically, madhya pradesh is the largest state of the indian union having large population for whom dispensation of justice is also needed but unfortunately the capital of the state is without a bench of the high court of madhya pradesh the principal bench should have been established in bhopal to honour the capital city after bhubaneshwar and thiruvananthapuram, bhopal is the only capital city without a high court bench there has been a long standing demand for the establishment of a high court bench at bhopal earlier, the government of madhya pradesh had recommended for the establishment of such a bench at bhopalmoreover, being the capital of the state, the population of bhopal is increasing manifolds with the result the litigations are also increasing at a very high rate the officials of the state government have to shuttle beween bhopal and jabalpur incurring avoidable expenditure and burden on the exchequer of the state at the same time poor litigants of bhopal who want to knock the doors of high court for justice cannot afford to fight their cases in jabalpurhence, it is necessary that a bench of the high court of madhya pradesh be established at bhopal without further loss of timehence this billsuresh pachouri———— a billto provide for the establishment of a permanent bench of the high court of madhya pradesh at bhopal————(shri suresh pachouri, mp)

Parliament_bills

940374c6-1767-56d0-8941-3b9268f15e7b

corrigenda to the code of crrninal procedure (~$ndment) bill, 1978cto be/as introduced in 10k sabha 7 1 1 page 4, line 2,-fo r "purpo se it ~ 'lpurpo s8 s " 2 page 4, line y{),-for ''detenion'' read "de ten tion tt 3 page 20, line 27,-f2£ "p anel ii ~ "penal" new detju; mit ~ 1~78 bin no 92 of 1978 -the code of criminal procedure (amendment) bill, 1978 a billfurther to amend the code of criminal procedure, 1973 be it enacted by p~ament in the twenty-ninth year otthe repubuc ot india as follows:-1 this act may be called the code of criminal procedure (amend-short ment) act, 1978 title amendment of section 2 2 of 1974 s i, in the code of criminal procedure, 1973 (hereinafter referred to as the principal act), in section 2, in clause (;), the words "and salch local area may comprise the whole of the state, or any part of the state, as the state government may, by noti&:ation, specify" shall be inserted at the end 10 3 in section 11 of the principal act, to sub-section (ii), the following proviso shall be added, namely:-amendment of section 11 is "provided that the state government may, after consultation with ,the high court, establish, for any local area, one or more special courts of judicial magistrates of the first cl~s or of the second class to try any particular cas(: or particular,"ss of cases, and where any such special court u established, 1'lo(;',~~~co~rt of ('~ , magistrate in the local area shall have jurisdiction to try any case or class of cases for the trial of which such special court of j,udicial magistrate has been established" 4 in section 13 of the principal act,-amendment of section 13 (i) in sub-section (i), for the words "of the second class, in s respect to particular cases or to particular classes of cases or to cases generally, in any district, not teing a metropolitan area: ", the words "of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, noit being a metropolitan area:" shall be substituted; 10 (ii) after sub-section (2), the following sub-section shall be inserted, namely:-"(3) the high court may empower a special judicial magistrate to exercise the powers of a metropolitan magistrate in relation to any metropolitan area outside his local juris- is diction" 5 in section 14 of the principal act,-amendment of section 14 (a) to sub-section (1), the following proviso shall be added, namely:-"provided that the court of a special judicial magistrate 20 may hold its sitting at any place within the local area for which it is established"; (b) aitel sub-sectioll (2), the following sub-section shall be inserted, namely:-",(3) where the local jurisdiction of a magistrate, appoin- 2s ted under section 11 or section 13 or section 18, extends to an area beyod the district, or the metropolitan area, as the case may be, in which he ordinarily holds court, any reference in this code to the court of session, chief judicial magistrate or the chief metropolitan magistrate shall, in relation to such magis- 30 trate, throughout the area within his local jurisdiction, be construed, unless the context otherwise requires, as a referenoe to the court of session, chief judicial magistrate, or chief metropolitan magistrate, as the case may be, exerailing juris-&ction, in relation to the said district or metropolitan area" , 35 6 in section 18 of the principal act,-amendment of section 18 (i) in sub-section (1), the words "or to cases generally" shall be omitted; (ii) for bulb-section (3), the substituted, namely:-following suh-ection shall be 40 \ "(3) the high court or the state government, as the case ma)\ be, may empower any special metropoiitan magistrate to elr~'1 'le, in any local area outside the metropolitan area, the pp' of a judicial magistrate of the first class" -i' ;,,; - , in aeotion 20 of the principal act, in sub-section (2) ,-amendment (a? for the words uau or any", the word "such" shall be subeof section tituted; 20 (b) after the words "in force", the words "as may be directed s by the state government" shall be inserted 8 for section 24 of the principal act, the following section shall be substit~ substituted, namely:-tion of new section for section 24 10 "24 (1) for every high court, the central government ot the public 'state government shall, after consultation with the high cqurt, ap-~rosecu­point a public prosecutor and may also appoint one or more addi- ors tional public prosecuto,1'b, for conduding in such court, aay prosecution, appeal or other proceeding oft behalf of the central gewrnment or state government as the case may be (2) the centtal government may appoint one or more public i s prosecutors, for the pul'])08e of conducting any ease or class of cases in any district or local area (3) for evf!ry district, the state government shall appoint a public prosecutor and mav also appoint one or more additionai public prosecuttlrs for the district: 20 provided that the public prosecutor or additional public prosecutor appointed for one district may be appointed also to be a public prosecutor or an additional ptlh1ic prosecutor, as the case may be for another district (4) the )')istrict ma~i!;trate shan, in consultation with the sessjon~ judge, prepare a panel of names of person!'!, who are, in hi!; opinion fit to be appbinted as public prosecutors or additional public prosecutors for the district 35 (5) no person shall be appointed by the state gov'eftlment a~ the public prosecutor or addjtional pubhc prosecutor fnr the (ustnct unless his name appears in the panel of names prepared by the district magistrate under sub-section (4) ' un notwithstandinj! anvthinj! contained in sub-section (5), where in a state there exists a reji{ular cadre of prosecutin~ officers the state government shall appoint a public prbsecutor or an additional public prosecutor only from among the person! constituting such cadre: provided that where in the opinion of the state government, no suitable person is available in such cadre for such appointment that government may appoint a person as public prosecutor or additional public' prosecutor, as the case may be, from the panel of names prepared by the district magistrate, under sub-section (4) 'is (7) a person shall be eligible to be appointed as a public prosecutor or an additional public prosecutor undpt sub-section (1) or s~b­section (2)-or sub-section (3) or sub-secti()~ (5) or sub-secbon (6), only if he has been in practice as an 'advocate' for n~t less th::1n seven years, ,':' - tt j h~~ 1\: r (8) the central government or the state govel'llment may appoint, for the pu1'pose of any case or class of eases, a person who has been in practice as an advocate· for not less than ten years as a special public hosecutor (9) for the purposes of sub-section (7) and su'b-sec~ion (8), the 5 period during which a person has been in practice as a ple;:tder or has rendered (wh'"'ther before or after the commencement of this code) service as a public prosecutor or as an additional public prosecutor or assistant public prosecutor or other prosecuting officer, by whatever name called, shall be deemed +0 be the period fluring which 10 such person has been in practice as an advocate 9 in section 25 of the prineipal am, after sub-section (1) the followfng sub-section shall be inserted, namely: - amendmerit of section 25 "(1a) the central government may' a1tpoint one ~t' more assistant public prosemtn~ fo1' the purpose' of conducting any cue or is class of (!8c;es in the courts of magistrates" 18 in section 102 of the principal act after snb-sect:ion (2) the following sub-section shall bein~erted, namely:-amendment of section 102 "(3) everv police officer acting' under sub-section (1) shall forthwith report the seizure to the magistrate having jurisdiction and 20 where the property seized if; such that it cannot be conveniently transported to the court he may give custody· thereof to any person on his executing a hond undertaking to produce thp property before the court as and when re'quired and to give effect to the further orders of the court as to the disposal of the same" 25 11 in section 107 of the principal act, in sub-section (1), after the words "ordered to execute a bond,", the words "with or without sureties," shall be inserted amendment of section 107 12 in section 123 of the principal act-amendment of section 121 (i) in sub-section (1) for the words "the chief judicial magis-30 ti"ate", tjie words and figures "the district magistrate in the case of an order paped by an executive magistrate under section 117 or the chief judicial magistrate in any other case" shall be substituted; (ii) in sub-sections (2) (5), (6), (7) and (9), for the words "chief judicial magistra1:le", wherever they occur, the wor'ds and 35 figures "district magistrate, in the case of an order passed by an executive magistrate under section 117, or the chief judicial magistrate in any other case" shall be substituted 1 s; in section 167 of the principal act: in the proviso to sub-section m~ ~ amendment of section 18'7 (a) for paragraph (a) the following paragraph shall be substituted, namely:-"(a) the ma~fstrat4o! may authorise thp netention of the iieet1ied person otherwise th an in the custoti" of the l'olicf! hevond the period of fifte!"n rbvs, ff h t:'l sntisfl~ th~t: adeonate l1rounlis 4' , __ • ~-' i~plilr tor doing so but no mngistr'ate shl'\lj ~u~+hortw +h d~fon of the accused person in custody ·under this paragraph for a total period exceeding,-(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or im-5 prisonment for & term of not less than ten years; (if) sixty days, where the investigation relates to any other oiience, and, on the expiry of the said period of· ninety days, or sixty days, as the case may be, the accused person shall be released '0 on bail if he is prepared to and does furnish bail, and every person released on bail urder this sub-section shall be deemed to be so released under the provisions of chapter xxxiii for the purposes of that chapter;"; (b) in paragraph (b), for the words "no magistrate shall", the r s words "no magistrate shall, except for reasons to be recorded in writing," shall be substituted; (c) the explanation shall be numbered as explana1jion ii, and before explanation ii, as so numbered, the following explanation shall be inserted, namely:-20 "explanotw-n ro-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"; (d) after sub-section (2), the following sub-section snail be 2s inserted, namely:-"(2a) 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 30 not availa15le, 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 35 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; anli, on the expiry of the period of detention so authorised, the accused oerson shad be released on bail 40 except where an order foor further detention of the accused person has been made by a m,aglstrate 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 maife by an executive magistrate 4s under this sub-section, shall be taken into account in computing the petrfod specified in paragraph (a) of the proviso to sub~ section (2): provided that before the expiry of the period aforesam, the executive j6agistrate ~ali trnncnnit to the' nea~~" j~tn\ 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 be" 14 the provisions ot: section 167 of the principal act, as amended by 5 this act, shall apply to every investigation pending immediately before the commencement of this act, if the period of cieten,uo~ of the accused person, otherwise than in the custody of the police, had not, at such commencement, exceeded sixty days amendment of section 167 to apply to pending investigations amendment of section 182 15 in section 182 of the principal act, in sub-section (2), after the 10 words "by the first marriage", the words , or the wife by the first marriage has taken up permanent residence after the commission of the offence" shall be inserted 16 in section 196 of the principal act, in sub-section (2), for the words "a cognizable offence", the words "an offence" shall be suqatttutet! is amendment of section 196 1'7 in section 198 of the principal act, in paragraph (c) of the proviso to sub-section (1),-amendment of section 198 (i) for the word and figures "section 494", the words and flgures "section 494 or section 495" shall be substituted; (ii) after the words "mother's brother or sister", the words 20 " or, with the leave of the court, by any other person related to her by blood, marriage or adoption" shall be inserted 18 in section 206 of the principal act after sub-section (2), the following sub-section shall be inserted, namely:-amendment of section 208 "(3) the state government may, by not;fkation, specially em-2; power any magistrate to exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under section 320 or any offence punishable with imprisonment for a tenn not exceeding three months, or with fine, or with both where the magistrate is of opinion that having regard to the facts and circumstances 3 ) of the case, the imposition of fine only would meet the ends of justice" 11 in section 209 of the principal act, for clause (a) the following clause shall be substituted, namely:-amendment of aect10n 209 (a) commit, after complying with the provision of section 207 or section 208, as the case may be, the case to the court of sess1on, and 35 subject to the provisions of this code relating to bail, remand the \ accused to custody until such commitmen't has been made;~' -\' ' 20' in section 276 of 'the principal act, for sub-section (2), the following sup-section shall be substituted, namely:-amendment of section 276 ): ii (2) such evidence shall ordinarily be taken oowd in the form 40 1' a narrative, but the- presiding judge may, in'his discretion, t'akp , _it,1 down, or cause to be taken down, any part ot such evidence in the form of question and answer" "21 101 section 277 of the principal act, in clause (a), after tbe words "taken down in that language", the words "or if it is not practicable to 5 do so, it shall be taken down in hindi or in english" shall be inserted amendment of section 277 22 in section 293 of the principal act, in clause (e) of sub-section (4), after the word "director", the words ", deputy director or assistant director" shall be inserted amendment of section 293 23 in section 297 of the principal act, in sub-section (1), for clause 10 (a), the following clause shall be substituted, namely:-amendment of section 297 "(a) any judge or any judicial or executive magistrate, or" 24 in section 299 of the principalact, in sub-section (1), after the words "competent to try", the words ", or commit for trial," shall be inserted amendment of section 299 15 25 in section 309 of the principal act, in sub-section (2), after the second proviso, the following proviso shall be inserted, namely:-amendment of section 309 "provided also that no adjournment shall be granted for the purpose only oil enabling the accused person to show cause against the sentence proposed to be imposed on him amendment of section 320 20 26 in section 320 of the principal act, in the table under sub-section (1), in column 1, for the word "defamation", the words, figures and brackets "defamation, except such cases as are specified against section 500 of '5 of 1860 the indian penal code in column 1 of the table under sub-section (2)" shall be substituted 25 117 in section 323 of the principal act, the following shall be inserted at the end, namely:-amendment of section 323 "and thereupon the provisions of chapter xviii shall apply to the commitment so made" 28 in section 326 of the principal act,-30 amendment of section 326 (i) in sub-section (1), for the word "magistrate", wherever it occurs, the words "judge or magistrate" shall be substituted; (ii) in sub-section (2), for the words "from one magistrate to another magistrate", the words "from one judge to another judge or from one magistrate to another magistrate" shall be substituted 35 • in section 374 of the principal act, in sub-section (2), for the wards "has been passed", the words "has been passed against him or against any other person convicted at the same trial" shall be substituted amendment of section 874 amendment of section 377 30 in section 377 of the principal act, in sub-section (2), for the words "the central government may direct", the words "the central 40 government may also direct" shall be substituted la'·~, 31 in section 378 of the principal act, in sub-section (1) the fo11owing shall be inserted at the end, namely:- amendment of section 378 "or an order of acquittal passed by the court of session in rev!-sion"~ 32 in section 428 of the principal act, after the words usentenced to 5 imprisonment for a term", the words ii, not being imprisonment in default of payment of fine,", shall be inserted amendment of section 428 33 after section 433 of the principal act, the following section shall be inserted, namely:-insertion of new section 433a "433a notwithstanding anything contained in section 432, where 10 a sentence of imprisonment f()r life is imposed on conviction of a person for an offence for which death is one of the punishments provided by law, or where a sentence of death imposed on a person has been commuted under section 433 into one of imprisonment for life, such person shall not be released from prison unless he had served at least fourteen is years of imprisonment" restriction on powers of remission or commutation in certain cases 34 in section 468 of the principal act, after sub-section (2), the following sub-section shall be inserted, namely:-amendment of section 468 "(3) for the purposes of this section, the period of limitation, in relation to offences which may be tried togetber, shall be determined 20 with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment" 35 in section 478 of the principal act,-(i) for the words "state legislature", the words "legislative 25 assembly of a state" shall be substituted; amendment 01 section 478 (ii) for the word "requires", the word "permits" shall be substitutec:l 36 in the secood sche:lule to the principal act,-(9 in form no 34,-30 ament'-ment of the second schedule (a) in the heading, for the word "magistrate", the wdrd "court" shall be substituted; (b) for the brackets, words and figures" (see sections 248 and 255) ", the brackets, words and figures" (see s~tions 235, 2'48 and 255)" shall be substituted; 35 (ti) in form no 41, for the brackets, words and ftgures ' (see section 386) ", the brackets, w<1rds and figures" (see sections 386, 413 and 416)" shall be substituted; (iii) in form no 42, for the brackets, words and figures (see section, 414) ", the brackets, words and figures" (see sections 413 and 40 4«)t i,ball be substituted; (itt) after form nd 44~ the following form shall be inserted, dunely:- iiform no 44a" bond 10'08 appearance of offender released pending realisation of fine , 5 [see section 424 (l)(b)] - --i'" whereas i, (name), inhabitant of (place), have been sentenced to pay a fine of rupees and in default of payment thereof to undergo imprisonment for ; and whereas the cowrt has been pleased, to order my releabf:, on condition of my 10 executing a bond for my appearance on the following date (or dates), namely: -' i hereby bind myself to appear before the court of af o'clock on the following date (or dates),namely:-,and, in case of making default herein, i biild myself to"forfeit to 15 government the sum of rupees dated, this day of ,19 (signa~ure) where a bond with sureties is to be executed, add-we do hereby declare ourselves sllii"eties for the above-named 20 that he will appear before the court of on the following date (or dates) namely:-and, in case 0f his making default therein, we bind ourselves jointly and severally to forfeit to government the sum of rupees (signature) it; 25 (v) after form no 46, the following forms shall be inserted namely:- warrant of attachment 1'0 enforce a bond (see section 446)to the p<alce officer in charge of the pollee 'station at '" whereas (name, ,debcriptioft and addr~" of pe7'bon) has failed to appear on (mention the oct:asion) pursuant to his recogn,izance, and has by default forfeited to governmeut the sum of ,ru~ ,,(the penalty in the bond); and whereas the said (name of pe1"son) has, on due notice to him, ~led to pay the s8ld sum 011" show any sufficient cause why payment should not be enfdrced against him; this is to authorise and require you to attach any movable "property of the said (name) that you may find within the district of - by seizure and detention, and, if the said amount be not paid within days, to sell the property so attached or so much, of it as ,may be sufticient to realise the ati10ullt ,aforesalid, and to make return of what you have done under thiswasnnt immediately upon its execution ' dated, this day of ,19 '(signature) s (seed of the court) form no 48 no'l'ice to surety on breach or a bond(see section 446) 10 to of wm:aason the day of - 19 , you becallre surety lor (name) of (place) that he should appear before this court on the day of and bound yourself in default thereof to forfeit the sum of rupees to government; and whereas the said (name) has failed to appear before tliis court and by is reason of such default you have forfeited the aforesaid sum of rtlpee's you are hereby required to pay the said penalty or show cause, within days from this date, why payment of the said sum should not be enforced a'gainst you 20 dated, this day of ,19 (seal of the court) (signature) form no 49notice to surety of forfeiture of bond for good behaviouii 2s (see section 446) to of whereas on the 'day of ,19, you became surety by a 'bond for (na'j'7w!) af (pt4ce) that he would be of good behaviour for the period of and bound yourself in default thereof 30 to forfeit the sum of rupees to government; and whereas the said (name) has been convicted of ·the offence of (mention the offence concisely) committed' since you became sue'h surety, whereby your security bond has become forfeited; you are hereby required to pay the said penalty of'rupees or" to show cause within days why it shoujd not be paid dated, this day of ,19 (se41 of the court) i ~stgnatur8') li'orm no 50 warrant of atl'aciiment against a surety (see section 446)to of s wheb&\s (name, de8cription and addres8) bq~, himself as surety for the appearance of (mention the conditw c1f the bond) and the said (name) has made default, and ,1;hereby forfeited to government the sum of rupees (the penaltll i1,& the bond); 10 this is to aut~~ise and require you to attach any movable property of the said (('14me) which you ~y find within the dated, this day of ,19 dis~ict of " by seizure and detention; and, if ihe said amount be not paid withln days, to sell the property 80 attached, or so much of it·as may be sufficient to realibe the is amowlt aforesaid, and make return of what you have done under this waltant immediately upon its execution , ' (seal of the court) '(signature) foam no 5120 w arr~ of commitment of the surety of an accused person admitted to bail ~ee section 446)to the superintendent (or keeper) of the civil jail at 30 whereas (name and description of suretll) has bound himself as a surety for the appearance of ('state the ~ditioo of the bond) and the said (name) has therein made default whereby the penalty mentioned in the said bond has been forfeited to government; and whereas the said (name of surety) has, on due notice to him, failed to pay the said sum or show any sufficient cause why payment sh~uld not be enforced against him, and tlie same, cannot be recovered by attachment and sale of his movable property, and an order has been made for his imprisonment in 'the'civil jail for (spe~ify the period); 3s -" this is to authorise and requijre you, the said superintend~nt (or keeper) to receive the said (name) into your custody wl~h this warrant and to keep ,him 'safely in the said jail for the said (term of imprisonment), and to retumthis warrant w,iija an endorsement certifying the manner of its execution dated, this day of ,19 - 40 "f (seal of the court) " (signature) f6rm no 52 nonce to me ,juncipal of forfeiture of bondt<> '~i the peace (see section 446) to (name, description and 'address) t, whereas on the day of " you entered into 5 a bond not to commit, etc, (as in the bond), and proof of the :forfeittire of the same has been givenbef'ore me and duly recorded; , you are hereby called upon to pay~he saic;l ~nalty of rupees or to show cause before me withili ', ' days 10 why payment of the same should not be, enforced against you dated, this day of i 19 (seal 'iqthe court) ,~~~ ' (s;ip1tature) , ~', form no 53 is warrant to a'l"l'ach the property of the principal on breach of i bond to keep the peacii (see section 446) to (~ame and designation of police officer), at the police station of 20 f r~ 'j , , tf, , whereas (name and desctij)tion~ did, on the day of 19 - enter iniy-i a bon~ for the sum of rupees binding himself not to commit, a breach of the pef;lce, etc, (as in the bond), and 'proof, of the forfeiture of the said bond has been given before me and duly rf'('ordpd: t'lnd whpt'i"a::; notice hasi been given 25 to the said (name) callinl! tlpon him to show cause why the said sum should not hoe paid, rnd he has failed to do so or to pay tlie said sum; this is to authorise and requh'e vou to '!'it't'~'ch bv seizure movable propt(~rty belonltinlt to the said (name) to, tb~ value of 30 rupees , which ynn may find within ~he dishict of and, if the snirl sllyn, be not pj'lid within to !'jell the property so att?f'heri, 01:" so much of it as mry be, "ufficient to realize the same; and to m~"k~ return of what vocl hwe done under this warrant immediatelv upon its execution 35 'dated, 'tji1ji day of ,19 (seal of the court) (signature) form no 54 - j ' , '"! ';" warrant of'lmpr!90nmrnt on breach of a bond to keep 'the ~ peace(see section 446) to the superintendent (otke~per) of the civil 'jail at whereas proof has been given before me and duly recorded that (name and description) has committed a breach cd the bond ~tered into by him to keep the peace, whereby he has forfeited 45 to government the sum of rupees ; and whereas the said (~me') has failed to pay the said 'sum qr to shqw cit-use why the uidsuin should not be paid, although duly called ~to do so, ;1idd payment thereofcannot be enforced by att$chment qf his movable prqperty, and an order has been made far the ij:nprisonment off the said (name)in the civil jail for the pqriod (jf (term &j imprisonment); ) 10 -ft " ';['h~,is to authorise and require you, the said superintendent (or kee~f) qf the said civil jail to"receive the said (m7re') into yqur custody, together with this warrant, and "to' keep him safely in the said jail fqr the said period of (term of impmonment), and to return that warrant with an,en~rsement certifying the mannerof ita execution da~, this' day of , 19 t'seal·of the court) (signature) is \, , form no 55 , warrant of·atrachment and sale on fqrfeiture of bond for good behaviour(see section 446) to the police officer in charge qf the police statiqn at 20 whereas (name, description and address) did, qn the day qf ,19, give security by bqnd in the sum qf rupees for the good behaviour of (name, etc, qf the principal), and proof has been g,iven befqre me and duly recarded 00: the commission by the said (name) of the qffence qf whereby the said bqnd has been forfeited; and whereas nqtice has been given to the said (name) calling upon him to show cause why the said sum should not be paid, and he lias failed to do so or to pay the said sum; 30 3s this is to authorise and require you to attach by seizure movable property helonging to the said (name) to the value qf rupees which you may find within the district of and, if the said sum be not paid within , to sell the prqperty so attached, or so much of it as may be sufficient to realise the same, and to make return of what you have done under this warrant immediately upon its execution dated, this day of ,19 (seal of the court) (signature ) form no 56 warrant of imprisonment on forfeiture of bond for good behaviour (;see sectiqn 446)to the superintendertt (or keeper) of the civil jail at whereas day of (name, description and address) did, on the ,19 ,give security by bglnd in the sum of 4s rupees for the good behaviour of (name, ,tc, of the pi intipal) and proof of the breach of the said bond has been given befwe me and duly recoroed, whereby the laid (fii(i1ile') has forfeited to government the sum of rupees , and whereas he has failed to pay the said sum or to show cause why the said , sum shauld not be paid although duly called upon tu do so, and payment thereof cannot be enforced by attachment of his movable property, and an order has been made for the imprisonment of the said (name) in the civil jail for the perpad of (tenn of imprisonment) ; 10 this is to authorise and require you, the superintendent (or keeper), to receive the said (name) into your oultody, together with this warrant,and to keep him safely in the said jail for the said period of (term of imprisonment), !returning this warrant with an endorsement certifying the manner of its execution is dated, this day of , 19 (seal of the court) (signature) " statement of obld:ts -and reasonsthe code of criminal procedure, 1973 came into force on the tit day of april, 1974 the working of the new code has been cat'efully watched and ir the li~ht of the experience, it has been found ne,cessary to make a few changes for removing certain difficulties and doubts the notes on clauses explain in brief the reasons for the amendments niw i>am; sdpatil the 9th may, 1978 notes on clause,clause 2-the jurisdiction of ~ magistrate under the new code is confined to a district this has created difficulty in enabling the ap,p'ointment of magistrates with jurisdiction beyond a district such as when special judicial magistrates ~re to be appointed to try c~rtain categories of cases or cases involving inter-district ramification,s the definition of the expression "local jurisdiction" in section 2(j) is therefore being amended to empower the state government to define the local jurisdiction-gsextending to the whole of the 'state or to any p,art thereof in the case of special courts or special judicial magistrates, 1~here necessary clause 3-under the new code, courts of magistrates are established for every district sometimes it becomes necessary to set up courts of judicial magistrates for trying special categories of cases, where the juris~ction has to extend to areas beyond a district sub-section (1) of section 11 is being amended to empower the state government to establish special courts of judicial magistrates having jurisdiction throughout any local area and to confer on such courts exclusive jurisdiction to try any particular case or particular class of cases clause 4-the amendment to su'b-section (1) of section 13 seeks to enable special judicial magistrates to exercise jurisdiction over any local area and to enable the conferment on them the powers of a magistrate of the first class also the high court is also sought to be empowered to authorise special judicial magiltrate to exercise the powers of a special metropolitan magistrate in relation to any metropolitan area outside his local jurisdiction clguse 5-sub-section (1) of section 14 is being amended to insert a proviso to the effect that the court of special judicial magistrate may hold its sitting at any place within the local area for which it is established the intention is to facilitate the holding of mobile courts new 8ubl-section (3) is being inserted in section 14 to provide that, whe!!'e the local jurisdiction of a magistrate extends beyond a district or a metropolitan area in which he ordinarily holds his c{'urt, references in the code to the court of session or chief judicial magistrate or chief metropolitan magistrate shall, in relation to the entire area in the local jurisdiction be construed as 'i'eferences to the court of session, chief judicial magistrate or chief metropolitan magistrate, as the case may be, exercising jurisdiction over the district in which he ordinarily holds his court clause 6-section 18 is being amended to bring it in line with the amendment proposed to section 13 the high court is sought to be empowered to authl)rise a special metropolitan magistrate to exercise powers of a judicial magistrate in any area outside his local jurisdiction ,'·i 18 clause 7-sub-section (2) of section 20 is being amended to remove the difficulties in the interpretation, which may be felt, since the words "as the state government may direct", app8aring in the corresponding provision in the old code, were deleted from the provision in the new code clawe 8-the section is being amended (i) to enable the central government and state governments to apr,oint one or more additional public prosecutors for the high court; (ii) to enable the central government to appoint one or more public prosecutors in any district or local area; (iii) to enable counting of service rendered as prosecuting officer before or after coming into force of the code of criminal procedure, 1973 as service as an advoc&te for the purpose of appointment as public prosecutor or additional public prosecutor or special public prosecutor; and (iv) to provide that in any state where there exists n regular cadre of prosecuting officers, appointment of public prosecutors or additional public prosecutors will be made ,only from that cadre and when there' are no suitable persons available appointment can be made from the panel prepared by the district magistrate in consultation with the sessions judge clause 9-section 25 is being amended to empower the central government also to appoint assistant puiblic prosecutors for the purpose of conducting any case or class of cases in the court of magistrates, whenever necessary clause 10-section 102 is being amended (1) to provide that the police officer shall forthwith report the seizure of any property under sub-section (1) to the magistrate, as there is a lacuna in the law and (2) to give effect to the observations of the sur,reme court made in anwar ahmad vs the state of up (air 1976 sc 680) that the police should be given the power to get a bond from the person to whom the property seized is entrusted, liarticularly in cases where a bulky property like elephant or car, is seized and the magistrate is living at a great distance and it is difficult to produce the property seized befone the magistrate clause 1l-under the new code, a magistrate cannot demand surety from a person for keeping the peace he can only demand a personal bond from the person concerned it has been felt that the old provision permitting the demand of the sureties along with bond should be restored section 107 is being amended to enable the magistrate to demand sureties in appropriate cases clause 12-under the new code even the bond executed under the orders of an executive magistrate can be cancelled only by the chief judicial magistrate section 123 of the code is being amended to empower the district magistrate to release persons imprisoned for failure to give security in a case where such person was ordered by an execu· tive magistrate to furnish security clause 13-section 167 is being amended to empower the magistrate to authorise detention, p~nding investigation, for an aggregat~ period of 90 days in cases where the investigation relates to offences punishable with death, imprisonment for life or imprisonment for not les~ than ten years or more and up to 60 days in any other case these amendments ate intended to remove difficulties which have been actually experienced in relation to the investigation of ojfences of a serioua nature a new sub-section is being inserted empowering an executive magistrate, on whom the, powers of a judicial magistrate or metropolitan magistrate have been conferred under section 13 or section 18 to make an order for remand of an accused for a period not exceeding seven days in the aggregate in cases where a, judicial magistratei:; not available the period of dete~tion ordered by such a magistrate will, however, be taken into account in computing the total pteriod specified in clause (a) this is being done with a view to overcoming the difficulties arising out of a shortage of judicial magistrates in the remote areas paragraph (b) of the proviso to sub-section (2) is being amended to provide that the requirement that the accused person should be produced before the magistrate making an order for remand may be waived by the magistrate for the reasons to be recorded by him there may be cases where for practical considerations it may be difficult to produce the accused repeatedly for obtaining remand an explanation is being inserted to clarify that when the accused person does not furnish bail would continue to be in detention, czaw:e 14-a provision is also being inserted to make the provisions of section 167 applicable to pending investigations clause 15-section 182 is being amended 1;0 enable a complaint by a woman relating to an offence of bigamy, to be made at the place of permanent residerx:e after the commission of the offence instead of at the place where she last resided with the husband clause 16-sub-section (2) of section 196 restricts the power of the court to take cognizance of the offence of, any criminal conspiracy punishable under st!ction 120b of the indian penal code, other than a criminal conspiracy to commit a cognizable offence which is punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards unless the state government or the district magistrate has consented to the initiation of proceedings the said subsection is being amended to remove the distinction between cognizable and non-cognizable offences clause 17-section 198 is being amended to provide that a complaint of an offence of bigamy may be filed also by any other person related to the wife by! blood, marriage or adoption, after obtaining leave of court this is intended to afford the much needed help to the aggrieved woman in such cases clause lb-new sub-section (3) is being inserted in section 206 to ('nlarge the scope of ' the facility provided by that section so that the state government may specia1ly empower a magistrate to' exercise the powers conferred by sub-section (1) in relation to any offence which is compoundable under section 320 and to other offences punishable with imprisonment for a term not exceeding three months, where a magistrate is of opinion that imposition of only fine would meet the ends of justice clause 19-clause (a) of section 209 is being replaced by a new clause which clarifit's that the commitment is to be made a~ter complying with the provisions of section 207 or 208 and that the committ41g court will also have the power to make an order for the remand of the accused in custody until the commitment has been made this is intended to remove the difficulty actually experienced in cases where the committing magistrate is unable to commt the accused on the same day clau8e 20-under the new code, in sessions trials, the evidence is to be recorded ordinarily in the form of questions and answers it has been found that such recording of evidence caused delay section 276 is being amended to provide that, as under the old code, evidence shall ordinarily be taken down in the form of a narrative, but the judge may ,take down any particular question and answer verbatim clause 21-the present provision in the new code is that the evidence shall be taken down in the language of the court this has created d:fficulties in areas where other languages are alsq in use to remove practical difficulties in taking down evidence in the language of the court, section 277 is being amended to provide that evidence may be taken down in hindi or english, if it is not practicable to take down such evidence in the language of the court clause 22-sub-section (4) of section 293 is being amended to include deputy directors and assistant directors of central and state forensic science laboratories in the list of government scientific experts clause 23-at present affidavits can be sworn in by a judge or a magistrate to remove a doubt whether this would include executive magistrates, section 297 is being amended to clarify that the provision would ('over executive magistrates also clause 24-under section 299, evidence of witnesses can be recorded in the absence of the accused when he is absconding by the trying magistrate and not by the committing magistrate the section is being amended to enable the committing magistrate also to exercise the function of recording evidence of witnesses when the accused is absconding clau8e 25-the new code provides for an opportunity to an accused person to show cause against the' proposed sentence as this should not lead to delay, section 309 is being amended to clarify that adjoumment shall not be granted only for the purpose of enabling the accused to show cause against the proposed sentence clause 26-the table under mrb-section (1) of section 320 is being amended to provide that only those cases of defamation may be compounded without the permission of the court, as are not mentioned against ~ection 500 of the indian penal code, in column 1 of the table under subsechon (2) of section 320 clause 27-section 323 is being amended so as to clarify that, where a commitment is made by a magistrate after inquiry and trial, the procedure specified in chapter xviii shall apply to the' commitment so made clause 28-under the existing prov~sion, a de-novo trial is not obligatory when there is a change of magistrate it is proposed to extend the scope ot the section to the court of session also to expedite trial of cases therein clause 29-secti/)n 374 is being amended to provide for cases where there are two or more accused persons the right of appeal, where the appealable sentence has been passed against such person or against any other person convicted at the same trial will be available to all the a<!cllsed persons irrespective of the sentence passed on each this was the position under the old code cla"se so-section 377 is being amended to clarify that the state government, besides the central government can also direct the public, prosecutor ,to present an appeal against inadequate sentence in cases in which the offence was investigated by the delhi special police establishment or any other agency empowered to investigate an offence under any \ ·th~r central act clau,e 31-section 378 is being amended to provide that an appeal can be filed in the high court against an order of acquittal passed by court of session in revision clause 32-there was a doubt on the question whether the period of imprisonment referred tb in section 428 will apply to imprisonment in rlefault of payment of fine section 428 is being amended to clarify that it will not apply to the imprisonment in default of payment of fine clause 33-section 432 contains provision relating to powers oifthe appropriate government to suspend or remit sentences the joint committee on the indian penal code (amendment) bill, 1972, had suggested the insertion of a proviso to section 57 of the indian panel code to the effect that a person whoi has been sentenced to death and whose death sentence has been commuted into that of life imprisonment and persons who have been se'ntenced to life imprisonment for a capital offence should undergo actual imprisonment of 14 years in jail since this particular matter relates more appropriately to the criminal procedure code, a new section ie; being inserted to cover the proviso inserted by the joint committ:---- clause 34-in the new code, there is no provision for computing the period of limitation in re~ation to offences which can be tried together section 468 is being amended to provide that for the purpoise of computing the period of limitation in relation to offences which may be tried tn[!ether tne offence for which the more severe punishment or, as the case ma~ be, the most severe punishment can be imposed shall be taken into account clause 35-sectioo 478 provides for the procedure for the alteration of functions allocated to judicial magistrates to executive magistrates or vice 't1ersa in certain cases the procedure provides that if the state legislature by a resolution so requires, the state government may in concmltation with the h1~h court, by notiflcation, give effect to +l,p alteration: of functions allocated to judicial magistrate to executive magistrates the seoction is being amended to substitute "state assembly" for "state legislature" and to make 'some drafting improvements claflse 36-(a) forms nos 34, 41 and 42 are being amended to clarify that they can be used in connection with other relevant sections of the code (b) a new form no 44a, which can be used under section 424, is being inserted (c) a set of forms nos 47 to 56, which can be issued under section 446, is being inserted clauses 8 and 9 of the bill provide for the appointment of public pi secutor and a:dditional publk: prosecutors for the high court, public prosecutors for the district or local area, special public prosecutor for the purposes of any case or class of cases and assistant public prosecutors for the courts of magistrates by the central government these are enabling provisions and the power given is meant to be exercsed only when occasion demands the appointment of assistant public prosecutors by the central government will generally be made from among departmental officers provision for expenditure tluit may have to be incurred wila be made in the appropriate budget as and when the occasion arises it is, therefore, not possible to give an estimate of the actual expenditure (whether or recurring or nonrecurring) in this behalf at this stage annexure extracts from the codem' criminal procedure, 1973(2 of 1974) - - - - - defini tions 2 in this code, unless the colltext otherwise requires,-- - - - (j) "local jurisdiction", in relation to a court or magistrate, means the local area within which the court or magistrate may exercise all or any of its or his powers under this code; - ii - - - courts of judicial magistrates 11 (1) in every district (not being a metropolitan area), there ah4l1 be established as many courts of judicial magistrates of the fiut class and of the second class, and at such places, as the state government may, after consultation with the high court, by notification, specify - - - special judicial magistrates 13 (1) the high court may, if requested by the central or state gov ernment so to do, confer upon any pelson who holds or has held any post under the government, au or any of the powers conferred or conferrable by or under this code on a judicial magistrate of the second class, in respect to particular cases or to particular classes of cases or to cases generally, in any district, not being a metropolitan area: provided that no such power shall be conferred on a person unless he possesses such qualification or experience in relation to legal a1fairs as the high court may, by rules, specify - - - local jurisdiction of judicial magistrates 14 (1) subject to the control of the high court, the chief judicial magistrate may, from time to time, define the local limits of the areas within which the magi!rtrates appointed under section 11 or under section 13 may exereise all or any of the ·powers with which they may respec" tively be invested under this code - - - special metropoiltbn malistrates 18 (1) the high court may, if requested by the central or state government 80 to do, confer upon any person who holds or has held any post under the government, all or any of the powers conferred or conferrable by or under this code on a metropolitan magistrate, in respect to particular cases or to particular classes of cases or to cases generally, in any metropolitan area within its local jurjsdiction: provided that no such power shall be conferred on a persori uniess he -possesses such qualification or experience in relation to legal affairs aa the high court may, by rules, specify '" '" '" '" '" (3) notwithstanding anything contained elsewhere in this code, a special metropolitan magistrate shall not impose a sentence which a judicial magistrate of the second class is not competent to impose outside the metropolitan area executive maliatrates zoo (1) '" '" '" - '" (2) the state govemment may appoint any executive magistrate tu be an additional district magistrate, and such magistrate shall have all or any of the powers of a district magistrate under this code or under any other law for the time being in lorce '" '" '" '" '" public prosecutors n (1) for every high court, the central government or the state government shall, after consultation with the high court, appoint a publlc prosecutor for conducting, in such court, any prosecution, appeal or other proceeding on behalf of 1he central or state government, as the case may be (2) for every district the state government shall appoint a public prosecutor and may also appoint one or more additional public prosecutors for the district (3) the district ma·gistrate shall, in consultation with the sessions judge, prepare a panel of names of persons who are, in his opinion, fit to be appointed as the public prosecutor or additional public prosecutor for the district (4) no person shall be appojnted by the state government as the public prosecutor or additional public prosecutor for the district unless his name appears on the panel of names prepared by the district magis trate under sub-section (3) (5) a person shall only be eligible to be appointed as a public prosecutor or an additional public prosecutor under sub-section (1) or subsection (2), if he has been in practice as an advocate for not less than seven years (6) the central government or the state government may appoint for the purposes of any case or class of cases, an advocate who has been in practice for not less than ten years, as a special public prosecutor security for keepin8 the peace in other cases '" '" '" '" '" 107 (1) when an executive magistrate receives information that any per&on is likely to commit a breach of the peace or disturb the public tranquillity or to do any wrongful act that may probably occasion a breach of the peace or disturb the public tranquillity and is of opinion that there is sufficient ground for proceeding, he may, in the manner hereinafter provided, lequire such person to show cause why he should not be ordered to execute a bond, for keeping the peace for such period not exceeding one year, as the magistrate thinks fit - - - - - power to l'eleue person itnprisoned tor failinc to ,ive :security 1%3 (1) whenever the chief judicial magistrate is of opinion that any person imprisoned for failing to give security under this chapter may be released without hazard to the community or to any other person, he may order such person to be discharged (2) whenever any person has been imprisoned for failing to give security under this chapter, the high court or court of session, or, where the order was made by any other court, the chief judie'ial magistrate may make an order reducing the amount of the security or the number of sureties or the time for which security haa been required (5) if any condition upon which any person has been discharged is; in the opinion of the chief judicial magistrate by whom the order of discharge was made or of his successorj not fulftl1ed, he may cancel the lame (6) when a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police offtcer without warrant, and shall thereupon be produced before the chief judicial magistrate (1) unle<;s such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except tor such conditional discharge, ~ would have been entitled to release), the chief judicial magistrate may remand such person to prison to undf"rqo such unexpired portion - - - (lj) -thl" hil!h' court or court of session ma~ lit any time for suft\cient reasons to be recorded in writing cancel an~ bond for keeping the peace or for~ood hehaviour executed under this chapter by anv order made by it and the chief judicial magistrate may make such cancellation where such bnnd was executed under his order or under the order of any other court in his district - - - - - 187 (1) - - - - (2) the ma~trate to whom an accused penon is fot'w'ardeci undet' this flection may, whether he hall or har not jurisdiction to tr~ the case from time to time authoric;e the detention of the accused in such custody as- such ma~istrate thinks flt, 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 considf"rs further detention unnecessary he may order the accuseti to be forwarded to a majristrate having such jurisdiction: procedure when invert!-iuon cannot be completed in twentyfoul' hour provided that-(a) the magistrate may authorise detention of the accused ~son otherwi~ than in mt!stodv of the police ~vond the period of ftfteen davs if he is satisfied that adequate grounds t'xist for doing so but no magistrate shall authorise the detention of the accu!led person in custody under this section for a total period ex{'eeding sixty days and on the expiry of the said period of sixty days 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 oftenees c:ommitted by letters, etc aection shall be deemed to be 10 released under the provisions of chapter xxxiii for the purposes of that chapter; (b) no magistrate shall auth~rise detention in any custody und this section unless the accused is produced before him; - - - - - b%picmation-it any question ansa whether an accused penon wu 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 detention - - - - liz (1)'" (2) any offence punishable under section 494 or section 4~ of the indian penal code may be inquired into or fried by a court within whose 4& of 1180 local jurisdiction the oftence was eommi11ted or the offender last re!&ided with his or her spouse ~ the first marriage 1" (1) - - - - - 45 of latto (2) no court shall take cognizance of the oft'ence of any crimiaa! conspiracy punishable under section 120b of the indian penal code, other than a criminal conspiracy to commit a cognizable offence punishable with death, impriaonment for life or rigorous imprisonment for a term of two years or upwards, unless the state government or the district magistrate has consented in writing to the initiation of the proceedings: provi1ed that where the criminal conspiraq is one to which the provisions of section 195 apply, no such consent shall be necessary - - - - proeecution for offence qainlt thesta\e and for criminal conspiracy to eommit such oftence 45 of 1860 prollaeutionfor offences ,aidat marria •• 41 of 1880 iii (1) no court shall take cognizance of an offence punishable under chapter xx of the indian penal code except upon a complaint made by some person aggrieved by the offence: provided that-- - - - - (c) where the person aggrieved by an oifenee punishable under section 494 of the indian penal code is the wife, complaint may be made on her behalf by her father, mother, brother, sister, son or daughter or by her father's or- mother' brother or sister - - - - - z09 when in a case instituted on a police report or otherwise, the aceu!!ed ap'pears or is brought before the magistrate and it appears to the magistrate that the otrence is triable exclusively by the court of session, he shall-(a) commit the case to the court of session; - - - - - - commit-diento1 cue to court ot seaion when offence il triable exelusively by it record m tr1&l before court of selltcm 278 (1)· - - - (i) such evidm~ hall ordjjw'ily be take down in the 'term ef ,qu-tion and answer; but the presiding judge may, in his di8eretion, take down or cause to ~ taken down, the whole or any part of such evidence in the term of a na1t8tive - - - - t in every case where evidence is taken down wlder section 276 or section 276,-- laneu- ale of record of evidence (s) if the witneas gives evidence in the laneuage of the court it shall be taken down m that language; 293 (1) - - (4) this section applies to the- following government scienti1\c experts, namely:-•• 1 __ reports of certain government scientiflc experts (e) the director of a central forensic science laboratory or a state forensic science laboratory; (1) affidavits tp be used before any court under this code may be aworn or affinned before-(a) any judge or magistrate, 01' - - authorimes before whom affidavits may be sworn record of e\ridence in absence of accused 289 (1) if it is proved that an accwied person bas absconded, and twt there is no immediate prospect of arresting him, the court compe-tent to try such person for the offence complained of may, in bib absence, examine the witnesses (if any) produced on behau of the prosecution, and record their depositions and any such deposition may, on the arrest of such person, be given in evidence against him on tbe in'iwl'y into, or trial for, the offence with which he is charged, if the deponent is dead or incapable of giving evidence or cannot be found or his presence cannot be procured without an amount of delay, expense or inconvenience which, under the circumstances of the case, would be unreasonable - - ~ (1) power to postpone or ad· journ proceed-ints (2) if the court, after taking cognizance of an oifenee, or commence-ment of trial, finds it necessary or advisable to postpone the commence-ment of or adjourn, any inquiry or trial, it may from time to time, for reasons to be recorded, postpone or adjourn the same on auch terms u it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused i~ in cus~dy: provided that no magistrate shall remand an accu8ed period to custody under this section for a term exceeding fifteen days at a time: provided further that when witnesses are in attendance, no adjourn-ment or' postponement shall be granted, without examining them, except for special reasons to be recorded in writing explafi4tion i-if sufticient evidence haa been obtained to ra1le a suspicion th-at the accused may have committed an offence, and it appears likely that further evidence may be obtained by a remand, this is a reasonable cause for a remand explanation 2-the terms 011 which an adjournment or postpone-ment may be granted include, in appropriate·ca the payment of eoiti by the ,rolewuan or the ac<:used - - - - - - (1) the offences pun:shable under the seetions oj the india» penal code specified in the first two columns of the table next follow- 5 of lho inl may be compounf;lecl by the persons mentioluld in the third column of that table:-person by whom offence dlay be compounded section of the indian penal code applicable 3 - - 1 - - - 500 - the person defamed - - defamation - - 323 if, in any inquiry into an offence or a trial bfiore a magistrate, it appears to him at any stage of the proceedings before signing judgment that the case is one which ought to be tried by the court of session, he shall commit it to that court under the provisions hereinbef<lre contained - - - - - 32jg (1) whenever any magistrate, after having heard and recorded the whole or any part of the evidence in an inquiry or a trial, ceases to exercise jurisdiction therein and is succeeded by another magistrate who has and who exercises such jurisdiction, the magistrate so succeeding may act on the eviderce so recorded by his predecessor, or partly recorded by his predecessor and partly recorded by himself: procedure when, after cgmmeneement of inquiry or trial, malistra\e flnga cue mould b~ commit-~ conviction or commitment on evidenee partl7 recorded by one malistrat-and partly bj another provided that if the succeeding magistrate is of opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interests of justice, he may re-summon any such witness, and after such further examination, cross-examination and re-examination, if any, as he may permit, the witness shall be discharged (2) when a case is transferred under the provisions of this code from one malistrate to another magistrate, the former shall be deemed to cease to exercise jurisdiction therein, and to be suc'ceeded by the latter, within the meanine of suh-iection (l) - - - - - 37'-(1) - - - - - appeals from conviction • (2) any person convicted on a trial held by a sessions judge or an additional sessions 1 udge or on a trial held by any other court· in wbm· - jentence o~ imprisonment for more than liieven years has been , may appeal to the hi&h court •• - - - - 7 (1) - - - - - appeai by the state govern· ment a,ainst sentence :l~ of 1"', (2) if such conviction is in a case in which the offence has been investigated by the delhi special police establishment, constituted under the 1i>elhi special police establiahment act, 1946, or by any other agency empowered 'to make investigation into an offence under any central act other than this code, the central government may direct the public prohcutor 'to present an appeal to the high court ll8aitwt the' imtence on the ground of its inadequacy - - - - - | appeal | in ||------------|-------|| case | of || acquittal | |378 (1) save as otherwise provided in sud-section (2) and subject to the provisions of sub·sections (3) and (5), the state government may, in any case, direct the public prosecutor to' present an appeal to the high court from an oripnal or appellate order of acquittal paned by any court other than a high court - - - - - t2s where an accused person hall; em c,,"v1dion, been sentenced to imprisonment for a term, the period o'f d~tion, if any, underjofte by him during the investigation, inquiry or ttial of the' same case and ~ the date of such coflvic tion , shall be set off against th~ term of irnprisol'l-ment imposed on him on such convic'tion, and the liability of such person to undereo imprisonment on such conviction shall be restricted' to the lemainder, if any, o! the tenn of imprisonment im~d on him - - - | period ||-----------|| deten- || tion || under· || gone || by || tile || accused || to || be || ~ || oir || acaint || the || entence || of || im· || prison- || ment |471 if the state legislature by a resolution so requires, the state powft' to government may, after consultation with the high court, by nouftca- ::= tion, direct tha~ tiona (4) mennct!'s in sections 108, 109 and 110 to a judicial magi9-trate of the first class shall be construed as references to an execu· tive magistrate; alloeated to judi· cial and executive map trateaid certain caaea (b) refer~ea in sections 1 ~ and if7 to an, ehoutive mealbtrate shall be construed as referenees to a ju~l nagiavate of tbe ftret 01188 - - - - - 1-, --" " , l - - - - form no 34 - wajuunt of f;cjmmitm2nt,on a f\entencf of i),uir1soluoun'r or nne tvailsiid by" magistratk;- ! (s~~sections 2+8 and 255)to the officer in charge of the j ail at whn:reas on the day of , ("arne oj prillouer) , the (lst, 2nd, 3rd, as the cas(' may be) prisoner in case no of the calendar for 19 , w~, convicted before me (nc:nne and ojliciald,sig-'l14tj~) of the offence of (mention the offmce ,ot offencts concinty) wlder section (or sections) of the india penal code (or of aot ), and ~as sentenced, to (state the p1tnisltment fully and di&~inctzy); this i,s to authorise and require you to ,receive the said (prisoner', name) intq your custody in the said jail, together with this warrant, and thereby carry the aforesaid sentence into execution according to law dated, this day of , ly (seal of the court) (signature) - - • - form no 41 warrant after a commutation of a sentenc! ", (s~~ section' 386)to the officei' in charge of the jail at \vjmws aia session held on the' -' day of , 19 _ ' , (name of' pri$oner), the (lst,; 2nd,' 3rd, tie the care m4y be) prisoner in cue no of 'the calendar for 19 at the said session, was convicted of the offence of , punishable under section of the indian penal code, and sentenced to , and was thereupon committed 'to your custody; and whereas by the order of the court of (a duplicate of which is hereunto annexed) the punishment adjudged by the said sentence has been commuted to the punishment of imprisonment for life; this is to authorise and require you safely to keep the said (priton~r'b nome) in your custody in the said jail, as by law is required, until he hall be delivered over by you to the proper authority and custody for ,the purpoae of his undergoing the punishment of imprisonment for life under the said order, or if the mitigated sentence is one of imprisonment, ray, after the words ucuatody in the said jall", "and there to carry into execution the punishment of imprisonment under 'the said order according to law" dated, this day of , 19 (sal of the court) (signature) form no 42 warra'lft of executlon of a sentence of death (sec section 414)to the officer in charge of the jail at whereas (name of prisoner) the (lst, 2nd, 3rd, as the case may be) prisoner in case no of the cajendar for 19 at the session held 'before me on the day of ,19 has been by a waltant of the court, dated the day of , committed to your custody under sentence ot death; and whereas the order of the high court at conftnning the said sentence has been received by this court; this is to authorise and requil'e you t() carry the said sentence into execution i?y causing ,the said to be hanged by the neck until he be dead, at (time and pl4ce of execution), 'and 'to return ma, "warrant to the court with an endorsement certifying that the sentence has been executed , 19 day of dated, this (signature) (seed of the court) a bill furttmr to amend t1le cgcie of crimil1qi proeedwre, 1973 (shrf s d potu, minilter of state in the miftiltptl of home afftlin)

Parliament_bills

979794f1-4a21-5fe2-9c8a-feaa135454dc

bill no vi of 2011 the constitution (amendment) bill, 2011 a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2011short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint52 in article 15 of the constitution,—amendment of article 15(i) for sub-clause (a) of clause (2), the following shall be substituted, namely:—"(a) access to shops, public restaurants, hotels, places of public entertainment and worship; or" (ii) after clause (5), the following clause shall be inserted, namely:—"(6) nothing in this article shall prevent the state from making any special provisions for prohibition of discriminations against scheduled castes, scheduled tribes and backward classes of citizens in respect of right to gaining entry to places of public worships, and to perform duties as priests:provided that due knowledge, training and practice shall be acquired by the person willing to perform the duties as priests in the sanctum sanctorum of places of worship5 statement of objects and reasonsarticle 15 of the constitution provides right to equality in respect of religion, race, caste, sex or place of birth and article 25 provides right to freedom of religion despite our constitution mandates on the principle of equality of treatment in different spheres it is seen that the under-privileged and deprived classes of the society are being discriminated in respect of gaining access to public places of worship in the country and are being still considered as socially and religiously outcaste and untouchableit is only fair and just that when a large number of citizens falls under the socially, economically and educationally backwardness and suffer from multiple discrimination, the constitution should offer protection against any such discrimination the amendment in article 15 of the constitution proposed to remove discrimination against all citizens especially the scheduled castes, scheduled tribes persons in respect of gaining access to places of public worships, and also to perform duties as priests after having acquired the due knowledge, training to perform such duties the bill seeks to achieve the above objectiveshence this billtarun vijay annexure extract from the constitution of india15 (1) (2) no citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—prohibition of discrimination on grounds of religion, race, caste, sex or place of birth(a) access to shops, public restaurants, hotels and places of public entertainment;or rajya sabha———— a billfurther to amend the constitution of india————(shri tarun vijay, mp)gmgipmrnd—980rs(s3)—05-08-2011

Parliament_bills

521849e6-60af-5cb6-b9b1-f60b17d9c9eb

bill no 93 of 2018 the abolition of child labour bill, 2018 byshri ramesh bidhuri, mp a billto abolish child labour in the country 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 abolition of child labour act, 2018(2) it extends to the whole of indiashort title, extent and commencement5(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) "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 boy or a girl who has not attained the age of eighteen years; (c) "establishment" includes a household, shop, commercial establishment, workshop, farm or any residential place where commercial activity is involved, residential hotel, restaurant, eating-house, theatre or other place of public amusement or entertainment; and(d) "prescribed" means prescribed by rules made under this act53 child labour, in any form, in any establishment in the country, is hereby abolishedabolition ofchild labour punishment4 subject to the provisions of section 6, whoever employs a child in anyestablishment, shall be punished with simple imprisonment for a term which may extend to three years and with fine which may extend to rupees two lakh105 any parent or a lawful guardian of a child, who coerces his child into employment,shall be punished with simple imprisonment for a term which may extend to one year and with fine which may extend to rupees fifty thousandpunishment to parents or lawful guardians for coercion6 (1) any establishment employing children shall remove such children fromemployment within a period of six months from the date of coming into force of this act15closure of an organisation/ establishment engaging child labour(2) if, after the expiry of the period specified in sub-section (1), any establishment failsto remove children employed in that establishment, the appropriate government shall order closure of such establishment207 (1) the appropriate government shall establish at least one children home in every district for rehabilitation of children found employed in any establishment or collecting rags and waste or beggingestablishment of children homes for rehabilitation of children(2) the children homes established under sub-section (1) shall provide free boarding and lodging, education, maintenance and such other facilities to the children, as may be prescribed, till they attain the age of eighteen years25(3) any child who is found employed in any establishment or collecting rags and waste or begging shall immediately be taken into custody by the police and sent to the nearest children homeact to have overriding effect8 the provisions of this act or rules made thereunder shall have effect notwithstandinganything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect of law by virtue of any law other than this act30power to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsindia has the largest number of child labour in the world the official figure is fifteen million but the actual number may be much higher indian children are the source of cheap labour because they can be paid less wages or can be abused without provoking retaliation these children work in industries manufacturing crackers, diamond polishing, glass, brassware, carpet weaving, bangle making, lock making and mica cutting to name just a few a large number of children also work as domestic servantspoverty is cited as a major cause of child labour, but it is not the only determinantinadequate number of schools or even the expense of providing education leave some of the children with practically no option but to work the attitude of parents also contribute to child labour compulsory elementary education may help ameliorate this attitude the problem of child labour cannot be eliminated in one stroke many countries have enacted laws providing for ban on buying products of industries where children are employedonly multi-dimensional strategies including compulsory elementary education, eradication of poverty, eradicating parental illiteracy, making child labour illegal will help in achieving this objective stringent legal provisions, severe punishment for violation of laws, rehabilitation of children already engaged in work have to go along with abolition of child labour in the country therefore, it is high time that a stringent law for abolition of child labour is enactedhence this billnew delhi;ramesh bidhurifebruary 9, 2018 financial memorandumclause 7 of the bill provides that the appropriate government shall establish at least one children home in every district for the rehabilitation of children found employed in any establishment or collecting rags and waste or begging the central government will have to incur expenditure from the consolidated fund of india for establishment of children homes in respect of union territories the state governments will incur expenditure for establishment of children homes in the states from their respective consolidated funds the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees two hundred crore per annuma non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the 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 abolish child labour in the country and for matters connected therewith————(shri ramesh bidhuri, mp)mgipmrnd—1388ls(s3)—03082018

Parliament_bills

47c717af-df65-50b2-97ce-339315c13325

the delhi rent control bill, 1958(as introduced in lok sabha) arrangement of clauses chapi'er i preliminary clauses1 short title, extent and commencement 2 definitions 3 act not to apply to certain premises chapter ii provisions regarding rent4 rent in excess of standard rent not recoverable 5 unlawful charges not to be claimed or received 6 standard rent 7 lawful increase of standard rent in certllin cases 8 notice of increase of rent' 9 controller to fix standard rent, etc 10 fixation of interim rent 11 limitation of liability of middlemen 12 limitation for application for fixation of standard rent 13 refund of rent, premium, etc, not recoverable under the act chapter iii control of eviction of tenants14 protection of tenant against eviction 15 when a tenant can get the benefit of protection against eviction! 16 creation and termin'ltion of :mb-tenancy 17 sub-tenant to be tenant in certain cases 18 recovery of possession for occupation and re-entry 19 recovery of possession for repairs and rebuilding bnd re-entry clauses20 recovery of possession in case of tenancies for limited period 21 special provision for recovery of possession in certain cases 22 permission to construct additional structures 23 special provision regarding vacant building sites 24 vacant possession to landlord chaptbr ivdeposit of rent 25 receipt to be given for rent paid 26 deposit of rent by the tenant 27 time limit for making deposit and consequences of incorrect particulars in application for deposit 28 saving as to aceeptanee of rent and forfeiture of rent in deposit chapl'er vhotels and lodging houses 29 application of the chapter 30 fixing of fair rate 31 revision of fair rate 32 chbrges in excess of fair rate not recoverable 33·' recovery of possession by manager of a hotel or the owner of a lodging house chapter vi appointmbnt of controllers and their powers and functions and appsals34 appointment of controllers 8l'1d additional controllers 35 powers of controller' 31) procedure to be followed by controller 37 appeal to the tribunal' 38 second appeal' 39 amendment of orders 40 controller to exercise powers of a magistrate for recovery of fine [ 41 controller to exercise powers of civil court for execution of other orders; 42 finality of order,' chapter vii provisions regarding special obligations of landlords and penalties43· landlord's duty to keep the premises in good repair 44 cutting off or withholding essential supply or service 45 landlord's duty to give notice of new construction to government i 46 leases of vacant premises to government 47 penalties 48 cognizance of offences chapter viii miscellaneous49 jurisdiction of civil courts barred in respect of certain matters 50 controllers to be public servants 51 protection of action taken in good faith 52 saving of operation of certain enactments 53· power to make rules 54 repeal and savings the first schedule the second schedule (as introduced in lok sabha) a billto provide for the control oj rents and evictions, and jor the zeuse of vacant premises to government, in certain areas in the union territory of delhi i be it enacted by parliament in the ninth year of the repubjic of india as follows:-, chapter i preliminarys 1 (1) this act l1l6y be called the delhi rent control act, 1958 short title, extent and (2) it extends to the areas included within the limits of the new commence-delhi municipal committee and the delhi cantonment board and to ment such urban areas within the limits of the municipal corporation of delhi as are specified in the first schedule: 10 provided that the central government may, by notification in the official gazette, extend this act or any provision thereof to any other urban area of the municipal corporation of delhi or exclude any area from the operation of this act or any provision thereof (3) it shall come into force on such date as the central govern-[5 ment may, by notification in the official gazette, appoint - definitions 2 in this act, unless the context otherwise requires,-(a) "basic rent", in relation to premises let out before the 2nd day of june, 1944, means the basic rent of such premises as determined under the provisions of the second schedule; 20 (b) "controller" means a controller appointed under subsection (1) of section 34 and includes an additional controller appointed under sub-section (2) of that section; (c) "fair rate" means the fair rate fixed under section 30 and includes the rate as revised under section 31; 25 (d) "hotel or lodging house" means a building or part of a building where lodging with or without board or other services is provided for e monetary consideration; (e) "landlord" means a person who, for the time being is receiving, or is entitled to receive, the rent of any premises, whether on his own account or on account of or on behalf of, or for the benefit of, any other person or as a trustee, guardian or receiver for any other person or who would so receive the rellt or be entitled to receive the rent, if the premises were let to a tenant; 5 (1) "lawful increase" moons 8n increase in rent permitted under the provisions of this act; (g) "manager' of a hotel" includes any person in charge of the m8!lagement of the hotel; (h) "owner of a lodging house" means a person who receives ro or is entitled to receive whether on his own account or on behalf of himself and others or as an agent or a trustee for any other person, any monetary consideration from any person on account of board, lodging or other services provided in the lodging house; (i) "premises" means any building or part of a building 15 which is, or is intended to be, let separately for use as a residence oj! for commercial use or for any other purpose, and includes-(i) the garden, grounds and outhouses, if any, appertaining to such building or part of the building; (ii) any furniture supplied by the landlord for llse in 20 such building or part of the building; but does not include a room in a hotel or lodging house; , (j) "prescribed" means prescribed by rules made under this ad; (k) "standard rent", in relation to any premises, meens the 25 standard rent referred to in section 6 or where the standard rent has been increased under section 7, such increased rent; 66ofi9s7 (1) "tenant" means any person by whom or on whose account or behau the rent of any premises is, or but for a special contract would be~ payable; ("tn) "urban' area" has the same meaning as in the delhi municipal corporation act, 1957 3 nothing in this ad shall apply-(a) to any premises belonging to the government; or act not to apply to certain premises (b) to any tenancy or other like relationship created by a 35 grant from the government in respect of the premises taken on lease, or requisitioned, by the government chapter ii provisions regarding rent4 (1) except where rent is liable to periodical increase by virtue rent ill , excess of ot an agreement entered mto before the 1st day of january, 1939, uo standard s tenant shall, notwithstanding any agreement to the contrary, be rent not i recoverab e linble to pay to his landlord for the occupation of any premises any amount in excess of the standard rent of the premises, unless such amount is a lawful increase ot the &tandard rent in accordance with the provisions of this act 10 (2) subject to the provisions of sub-section (1), any agreement for the payment of rent in excess of the standard rent shall be null and void and shall be construed as if it were an agreement for the payment of the standard rent only 5 (1) subject to the provisions of this act, no person shall claim unlawful 15 or receive any rent in excess of the standard rent, notwithstanding ~~~~g~iai~~d any agreement to the contrary orrc:ccived (2) no person shall; in consideration of the grant, renewal or continuance of ib tenancy or sub-tenancy of any premises,-20 (a) claim or receive the payment of any sum as premium or pugree or claim or receive any consideration whatsoever, in cash or in kind, in addition to the rent; or (b) except with the pr;evious permission of the controller, claim or receive the payment of any sum exceeding one month's rent of such premises as rent in advance 25 (3) it shall not be lawful for the tenant or any other person acting or purporting to act on behalf of the tenant or a sub-tenant to claim or receive any payment in consideration of the relinquishment of his tenancy or sub-tenancy, as the case may be, of any premisell-(4) nothing in this section shall apply-30 (a) to any payment made in pursuance of an agreement entered into before the 1st day of january, 1939; or (b) to any payment made under an agreement by any person to a landlord for the purpose of financing the construction of the whole or part of any premises on the land belonging to the land-35 lord if one of the conditions of the agreement is that the landlord is to let to that person the whole or part of the premises when completed for the use of that person or any member of his family: provided that such payment does not exceed the amount of agreed rent for a period of five years of the whole or part of the premises to be let to such person expzanation-for the purposes of clause (b) of this sub-section, a "member of the family" means, in the case of an undivided hindu family, any member of such family and in the case of any other 5 family, the husband, wife, son, daughter, father, mother, brother, sister or any other person dependent on him 6 "standard rent", in relation to any premises, means--standard rent (a) where the premises have been let out at any time before the 2id day of june, 1944, the basic rent of such premises as 10 determined under the provisions of the second schedule together with ten per cent of such basic rent; (b) where the premise& were constructed before the 2nd day of june, 1951, and let out at any time on or after the 2nd day of june, 1944-15 19 of i 947 380f1 952 (i) in any case where the rent of such premises has been fixed under the delhi and ajmer merwura rent control act, 1947, or the delhi and ajmer rent control act, 1952, the rent so fixed together with ten per cent of such rent; or (ii) in any other case, the rent calculated on the basis 20 of annual payment of an amount equal to eight and onefourth per cent per annum of the aggregate amount of the reasonable cost of construction and the market price of the land comprised in the premises on the date of the commencement of the construction: 2s provided that so long as standard rent is not so fixed under this sub-clause, the rent at which the premises were first let out together with ten per cent of such rent shall be deemed to be thf' standard rent; (c) where the premises have been constructed on or after 30 the 2nd day of june, 1951, including premises constructed after the commencement of this act, the rent calculated on the basis of annual payment of an amount equal to eight and one-fourth per cent per annum of the aggregate amount of the reasonable cost of construction and the market price of the land comprised in the 35 premises on the date of the commencement of the construction: provided that-(a) in the case of any premises constructed on or after the 2nd day of june, 1951, but before the 9th day of june, 1955, the rent at which the premises were let for the month of march, 1958, or if they were not so let, the rent at which they were last let out shall be deemed to be the standard rent for a period of seven years from the date of the completion of the construction of such premises; and (b) in the case of any premises constructed on or after the 9th day of june, 1955, including premises constructed after the commencement of this act, the rent agreed upon between the landlord and the tenant when such premises 10 were first let out shall be deemed to be the standard rent for a period of five years from the date of such letting out 7, (1) where a landlord has at any time, whether before or after ~wful th t f h' at' d d't f ,mcreaseof e commencemen 0 t is c, mcurre expen i ure or any im- standard provement, addition or structural alteration in the premises, not re!1t in cerb ' d't d t' t t bi' tam cases, 15 emg expen 1 ure on ecora ion or enan a e repairs necessary or usual for such premises, and the cost of that improvement, addition or alteration has not been taken into account in determining the rent of the premises, the landlord may lawfully increase the standard rent per year by an amount not exceeding eight and one-fourth per 2') cent of such cost (2) where a landlord pays in respect of the premises any charge for electricity or water consumed in the premises or any other charge levied by a local authority having jurisdiction in the area which is ordinarily payable by the tenant, he may recover from 25 the tenant the amount so paid by him; but the landlord shall not recover from the tenant whether by means of an increase in rent or otherwise the amount of any tax on building or land imposed in respect of the premises occupied by the tenant, unless an agreement between the landlord and the tenant otherwise provides, 3c (3) where a part of the premises let for use to a tenant has been sub-let by him-(a) the landlord may lawfully increase the rent payable by the tenant-35 (i) in the case of any premises let for residential purposes, by an amount not exceeding twelve and one-half per cent, of the standard rent of the part sub-let; (it) in the case of any premises let for other purposes, by an amount not exceeding twenty-five per cent of the standard rent of the part sub-let; (b) the tenant may lawfully increase the rent payable by the sub-tenant-(i) in the case of any premises let for residential purposes, by an amount not exceeding twenty-five per cent of the standard rent of the part sub-let; and 5 (ii) in the case of any premises let for other purposes, by an amount not exceeding fifty per cent of the standard rent of the part sub-let; (c) the tenant shall, on being so required in writing by the landlord, supply, within fourteen days of such request being 10 made, a statement in writing giving full particulars of any sublettmg mcluding the rent charged notice of increaae of rent 8 (1) where a landlord wishes to increase the rent of any premises, he shall give the tenant notice of his intention to make the increase and in so far as such increase is lawful under this act, it is shall be due and recoverable only in respect of the period of the tenancy after the expiry of thirty days from the date on which the notice is given (2) every notice under sub-section (1) shall be in writing signed by or on behalf of the landlord and given in the manner provided 20 in section 106 of the transfer of property act, 1882 (3) for the avoidance of doubt, it is hereby declared that the provisions of this section apply equally to any increase in rent payable by tbe sub-tenant contro her to fix standard rent, etc 9 (1) the controller shall, on an application made to him in this 25 behalf, either by the landlord or by the tenant, in the prescribed manner, fix in respect of any premises--(i) the standard rent referred to in section 6; or (ii) the increase, if any, referred to in section 7 (2) in fixing the standard rent of any premises or the lawful in- 30 crease thereof, the controller shall fix an amount which appears to him to oe reasonable having regard to the provisions of section 6 or section 7 and the circumstances of the case (3) where for any reason it is not possible to determine the standard rent of any premises on the principles set forth under 35 section 6, the controller may fix such rent as would be reasonable having regard to the situation, locality and condition of the premises and the amenities provided therein and where there are similar or nearly similar premises in the locality, having regard also to the standard rent payable in respect of such premises 40 (4) the standard rent shall in all cases be fixed for a tenancy of twel','e months: provided that where any premises are let or re-iet for a penod of less than twelve montns the tandard rent for ~uch tenancy shall s bear the same proportion to the annual standard rent as the period of tenancy bears to twelve months (5) in fixing the standard rent of any premises under this section, the controller shall fix the standard rent thereof in an unfurnished state and may also determine an additional charge to be payable on 10 account of any fittings or furniture supplied by the landlord and it shall be lawful for the landlord to recover such additional charge from the tenant (6) in fixing the standard rent of any premises under this section, the controller shall specify a date from which the stand-15 ard rent so fixed shall be deemed to have effect: provided that in no case the date so specified shall be earlier than one year prior to the date of the filing of the application for the fixation of the standard rent 10 if an application for fixing the standard rent or for determin- k:t~~~~~~j~'t 2':> ing the lawful increase of such rent is made under section 9, the controller shall, as expeditiously as possible, make an order specifying the amount of the rent or the lawful increase to be paid by the tenant to the landlord pending final decision on the application and shall appoint the date from which the rent or lawful increase so 25 specified shall be deemed to have effect h· 11 no collector of rent or middleman shall be liable to pay to limitation] , i t f b f 1 ofliability is prmclpa , m respec 0 any premises, any sum y way 0 renta of middlecharges which exceeds the amount which he is entitled under this men act to realise from the tenant or tenants of the premises 30 12 any landlord or tenant may file an application to the con- limitati,olllj troller for fixing the standard rent of the premises or for determining ~~:f!ucathe lawful increase of such rent,-fixation of itandard (a) in the case of any premises which were let, or in which rent the cause of action for lawful increase of rent arose, before the 35 commencement of this act, within one year from such commencement; (b) in the case of any premises let after the commencement of this act, within one year from the date on which it is so let; and (c) in the cast! of any premises in which the cause of action for lawful increase of rent arises after the commencement of this act, within one year from the date on which the cause of action arises: provided that the controller may entertain the application after 5 the expiry of the said period of one year, if he is satisfied that the applicant was prevented by sufficient cause from filing the application in time refund of 13 where any sum or other consideration has been paid, whether re~t, premlwn, etc, before or after the commencement of this act, by or on behalf of 10 not recover- a tenant to a landlord, in contravention of any of the provisions of ~!e ~~er this act or of the delhi and ajmer rent control act, 1952, the controller may, on an application made to him within a period of one year from the date of such payment, order the landlord to refund such sum or the value of such consideration to the tenant or order is adjustment of such sum or the value of such consideration against the rent payable by the tenant control of eviction of ten antsprotection of tenant against eviction 14 (1) notwithstanding anything to the contrary contained in 2() any other law or contract, no order or decree for the recovery of possession of any premises shall be made by any court or controller in favour of the landlord against a tenant: provided that the controller may, on an application made to him in the prescribed manner, make an order for the recovery of posses- 25 sion of the premises on one or more of the following grounds only, namely:-(a) that the tenant has neither paid nor tendererl the whole of the arrears of the rent due within one month of the date on which a notice of demand for the arrears of rent has been served 30 on him by tbe landlord in the manner provided in section 106 of the transfer of property act, 1882; (b) that the tenant has sub-let, assigned or otherwise parted with the possession of the whole or any part of the premises-(i) if the premises have been let out after the 15th 35 day of april, 1952 without obtaining the consent in writing of the landlord; or (ii) if the premises have been let before the said date, without obtaining his consent; (c) that the tenant has used the premises for a purpose other than that for which they were let-(i) if the premises have been let after the 15th day of april, 1952, without obtaining the consent in writing of the landlord: or (ii) if the premises have been let before the said date without obtainin/:! his consent: jo (d) that the premises were let for use as a residence and neither the tenant nor any member of his family has been residing therein for a period of six months immediately before the date of the filing of the application for the recovery of possession thereof: j:, (e) that the premises let for residential purposes are required bona fide by the landlord for occupation as a residence either for himself, if he is the owner thereof, or for any person for whose benefit the premises are held and that the landlord or such person has no other suitable accommodation; 20 explanation-for the purposes of this clause, "premises let for residential purposes" include any premises which having been let for use as a residence are, without the consent of the landlord, used incidentally for commercial or other purposes; (f) that the premises have become unsafe or unfit for human habitation and are required bona fide by the landlord for carrying out repairs which cannot be carried out without the premises being vacated; (g) that the premises are required bona fide by the land-jord for the purpose of building or re-building or making thereto any substantial anditions or alterations and that such building or re-building or addition or alteration cannot be carried out without the premises being vacated: (h) that the tenant has, whether before or after the commencement of this act, built, acquired vacant possession of, or been allotted a suitable residence: 35 (i) that the premises were let to the tenant for use rill ii residence by reason of his beine: in the service or employment of the landlord, and that the} tenant has ceased, whether beforf;' or after the commencement of this act, to be in such service or employment; (j) that the tenant has, whether before or after the commencement of this act, caused or permitted to be caused substantial dama~e to the premlses, or notwithstanding previous 5 notice, has used or dealt with the premises in a marmer contrary to any condition lmposed on the landlord by the government or the delhi development authority or the municipal corporation of delhi while giving him a lease of the land on which the premises are situate; 10 (k) that the landlord requires the premises in order to carry out any building work at the instance of the government or the delhi development authority or the municipal corporation of delhi in pursuance of any improvement scheme or development scheme 15 (2) no order for the recovery of possession of any premises shall be made on the ground specified in clause (a) of the proviso to sub-section (1), if the t'!nant makes payment 01' deposit as required by section 15: provided that no tenant shall be entitled to the benefit under 20 this sub-section, if, having obtained such benefit once in respect of any premises, he again makes a default in the payment of rent of those premises for three consecutive months (3) no order for the recovery of possession in any proceeding under sub-section (1) shall be binding on nny sub-tenant referred 25 to in section 16 who has given notice of his sub-tenancy to the landlord under the provisions of that section, unless the sub-tenant is made a party to the proceeding dnd the order fo!' eviction is made binding on him (4) for the purposes of clause (b) of the proviso to sub-section 30 (1), the controller may presume that the premises have been sublet by a tenant-(a) in any case where such premises have been let for use as a residence, if the controller is satisfied that any other person, not being a servant or a member of the family of such 35 rervant, has been residing in the premises or any part thereof for a period exceeding one month otherwise than in commensality" with the tenant; or (b) in any case where such premises have been let for being " used for the purposes of business or profession, if the controller 40 is satisfied that the tenant without obtaining the consent in writing of the landlord hes, after the 16th day of august, 1958, entered into a partnership with any other person to carryon business or profession in those premises s (5) no application for the recovery of possession of any premises shall lie under sub-section (1) on the ground: specified in clause (c) of the proviso thereto, unless the landlord has given to the tenant a notice in the prescribed manner requiring him to stop the misuse of the premises and the tenant has refused or failed to comply with 10 such requirement within one month from the date of the service of notice; and no order for eviction against the tenant shall be made in such a case, unless the controller is satisfied that the misuse of the premises is of such a nature as is detrimental to the interests of the landlord is (6) where an order for the recovery of possession of any premises is made on the ground specified in clause (e) of the proviso to subsection (1), the landlord shall not be entitled to obtain possession thereof before the expiration of a period of six months from the date of the order1 20 (7) no order for the recovery of possession ot any premises shall be made on the ground specified in clause (g) of the proviso to subsection (1), unless the controller is satisfied that the proposed reconstruction will not radically alter the purpose for which the premises were let or that such radical alteration is in the public ~s interest, and that the plans and estimates of such reconstruction have been properly prepared and that necessary funds for the purpose are available with the landlord! 15 (1) in every proceeding for the recovery of possession of any when a premises on the ground specified in clause (a) of the proviso to sub- tenant 30 section (1) of section 14, the controller shall, after giving the parties b:!ft:~e an opportunity of being heard, make an order directing the tenant pro~ection to pay to the landlord or deposit with the controller within one month =~~ of the date of the order, an amount calculated at the rate of rent at which it was last paid for the period for which the tenant may 35 have made default including the period subsequent thereto upto the end of the month previous to that in which payment or deposit is made and to continue to payor deposit, month by month, by the fifteenth of each succeeding month, a sum equivalent to the rent at that rate 40 (2) if, in any proceeding for the recovery of possession of any premises on any ground other than that referred to in sub-section (1), the tenant contests the claim for eviction, the landlord may, at any stage of the proceeding, make an application to the controller for an order on the tenant to pay to the landlord the amount of rent due and the controller may, after giving the parties an opportunity of being heard, make an order in accordance with the provisions of the said sub-section 5 (3) if, in any proceeding referred to in sub-section (1) or aubsection (2), there is any dispute as to the amount of rent payable by the tenant, the controller shall, within fifteen days of the date of the first hearing of the proceeding, fix an interim rent in relation to 'the premises to be paid or deposited in accordance with the pro- 10 visions of sub-section (1) or sub-section (2), as the case may be, until the standard rent in relation thereto is fixed having regard to the provisions of this act, and the amount of arrears, if any, calculated on the basis of the standard rent shall be paid or deposited by the tenant within one month from the date on which the standard 15 rent is fixed or such further time as the controller may allow in this behalf! (4) if in any proceeding referred to in sub-section (1) or subsection (2), there is any dispute as to the person or persons to whom the rent is payable, the controller may direct the tenant to deposit 20 with the controller the amount payable by him under sub-section (1) or sub-section (2) or sub-section (3), as the case may be, and in such a case, no person shall be entitled to withdraw the amount in deposit until the controller decides the dispute and makes an order for payment of the same 25 (5) if the controller is satisfied that any dispute referred to in sub-section (4) has been raised by a tenant for reasons which are false or frivolous, the controller shall order the defence against eviction to be struck out and proceed with the hearing of the application 30 (6) if a tenant makes payment or deposit as required by subsection (1) or sub-section (3), no order shall be made for the recovery of possession on the ground of default in the payment of rent by the tenant, but the controller may allow such costs as he may 35 deem fit to the landlord (7) if a tenant fails to make payment or deposit as required by this section, the controller may order the defence against eviction to be struck out and proceed with the hearing of the application 16 (1) where, after the commencement of this act, any premises 40 are sub-let either in whole or in part by the tenant with the previous consent in writing of the landlord, the tenant or the sub-tenant to whom the premises are sub-let may, in the prescribed manner, give flotlce to the iandlord of the creation of the sub4enancy within one month from the date of such sub-letting and notify the termination of such sub-tenancy within one month of such termination (2) where, before the commencement of this act, any premises 5 have been lawfully sub-let either in whole or in part by the tenant, the tenant or the sub-tenant to whom the premises have been sub-let may, in the prescribed manner, give notice to the landlord of the creation of the sub-tenancy within six months of the commencement of this act, and notify the termination of such sub-tenancy within 10 one month of such termination (3) where in any case mentioned in sub-section (2), there is no consent in writing of the landlord and the landlord contests that the premises were not lawfully sub-let, the controller shall, on an application made to him in this behalf either by the landlord or by the is sub-tenant, within two months of the date of the receipt of the notice of sub-letting by the landlord or the issue of the notice by the tenant or the sub-tenant, as the case may be, decide the dispute 17 (1) where an order for eviction in respect of any premises 3ub-tenant is made under section 14 against a tenant but not against a sub-tenant f~~:r::nt 20 referred to in section 16 who has given notice of the sub-tenancy to :ases the landlord, the sub-tenant shall, with effect from the date of the order, be deemed to become a tenant holding directly under the landlord in respect of the premises in his occupation on the same terms and conditions on which he would have held from the tenant, if the 2s tenancy had continued (2) where, before the commencement of this act, the interest of a tenant in respect of any premises has been determined without determining the interest of any sub-tenant to whom the premises either in whole or in part had been lawfully sub-let, the sub-tenant 30 shall, with effect from the date of the termination of the tenancy, be deemed to have become a tenant holding directly under the landlord on the same terms and condhions on which he would have held from the tenant if the tenancy had continued (3) where, before the commencement of this act, u tenant has 35 sub-let the whole of the premises let to him, whether with or without the consent of the landlord, and the controller, on an application made to him in this behalf by the sub-tenant within twelve months of such commencement, is satisfied that the whole of the premises are, as from the 16th day of august, 1958, in occupation of the sub-tenant and that the tenant himself is not residing therein, 40 then, notwithstanding anything contained in any other provision of ihis act or in any other law, the controller may declare that the interest of the tenant in such premises shall cease and the sub-tenant shall, with effect from the date of such cessation, become a tenant holding direetly under the landlord on the same terms and conditions on which he would have held from the tenant, if the tenancy had 5 continued reeoveryof poaaeasion for oc:cupationand re-entry 18 (1) where a landlord recovers possession of any premises from the tenant in pursuance of an order made under clause (e) of the proviso to sub-section (1) of section 14, the landlord shall not, except with the permission of the controller obtained in the prescribed 10 manner, re-iet the whole or any part of the premises within three years from the date of obtaining such possession, and in granting such permission, the controller may direct the landlord to put such evicted tenant in possession of the premises (2) where a landlord recovers possession of any premises as is aforesaid and the premises are not occupied by the landlord or by the person for whose benefit the premises are held, within two months of obtaining such possession, or the premises having been so occupied are, at any time within three years from the date of obtaining possession, re-iet to any person other than the evicted tenant 20 without obtaining the permission of the controller under sub-section (1), the controller may, on an application made to him in this behalf by such evicted tenant within such time as may be prescribed, direct the landlord to put the tenant in possession of the premises or to pay him such compensation as the controller thinks fit 2s recove!)' of 19 '(1) in making any order on the grounds specified in clause <i) ro:~~!i:! or clause (g) of the proviso to sub-section (1) of section 14, the and rebuild- controller shall ascertain from the tenant whether he elects to be ~!ntry and placed in occupation of the premises or part thereof from which he is to be evicted and if the tenant so elects, shall record the fact of 30 the election in the order and specify therein the date on or before which he shall deliver possession so as to enable the landlord to commence the work of repairs or building or re-building, as the case may be (2) if the tenant delivers possession on or before the date speci- 35 fied in the order, the landlord shall, on the completion of the work or repairs or building or re-building, place the tenant in occupation of the premises or part thereof (3) if, after the tenant has delivered possession on or before the date specified in the order, the landlord fails to commence the work 40 of repairs or building or re-building within one month of the specified date or fails to complete the work in a reasonable time or having oompleted the work, fails to place the tenant in occupation of the premises in accordance with sub-section (2), the controller may, on an application made to him in this behalf by the tenant within such time as may be prescribed, order the landloi d to place the tenant in s occupation of the premises or part thereof on the original terms and conditions or to pay to the tenant such compensation as the controller thinks fit 20 where a landlord does not require the whole or any part of any rccove~ of premises for a particular period, and the landlord, after obtaining f::~~~f 10 the permission of the controller in the prescribed manner, lets the ~en~~~esd whole of the premises or part thereof as a residence for such period :e~i~r:;~te as may be agreed to in writing between the landlord and the tenant and the tenant does not, on the expiry of the said period, vacate sucb premises, then, notwithstanding anything contained in section is 14 or in any other law, the controller may, on an application made to him in this behalf by the landlord within such time as may be prescribed, place him in vacant possession of the premises or part thereof by evicting the tenant and every other person who may be in occupation of such premises 2::> 21 where the landlord in respect of any premises is any company special or other body corporate or any local authority or any public institu- f~~;!~~ry tion and the premises are required for the use of employees of such of posaeslandlord or in the case of a public institution, for the furtherance of ~i:: :~~~­ its activities, then, notwithstanding anything contained in section 14 25 or in any other law, the controller may, on an application made to him in this behalf by such landlord, place the landlord in vacant possession of such premises by evicting the tenant and every other person who may be in occupation thereof, if the controller is satisfied-(a) that the tenant to whom such premises were let for use as a residence at a time when he was in the service or e~ploy­ment of the landlord, has ceased to be in such service or employment; or: 35 (b) that the tenant has acted in contravention of the terms, express or implied, under which he was authorised to occupy such premises; or (c) that any other person is in unauthorised occupation of such premises; 01' (d) that the premises are required bona fide by the public institution for the furtherance of its activities ezplanation-for the purposes of thi& section, "public institution" includes any educational institution, library, hospital and cheritable dispensary permission 22 where the landlord proposes to make any improvement in, or :diti~~~ct construct any additional structure on, any building which has been 5 itructures let to a tenant and the tenant refuses to allow the landlord to make special provision regarding vacant building litea such improvement or construct such additional structure and the controller, on an application made to him in this behalf by the landlord, is satisfied ul'lt the landlord is ready and willing to commence the work and that such work will not cause any undue hardship to 10 the tenant, the controller may permit the landlord to do such work and may make such other order as he thinks fit in the circumstances of the case: 23 (1) the provisions of this section shall apply notwithstanding anything contained in section 14, but only in relation to premises in 15 the areas which the central government may, from time to time, specify by notification in the official gazette (2) where any premises which have been let comprise vacant land upon which it is permissible under the building regulations or municipal bye-laws, for the time being in force, to erect any building, 20 whether for use as a residence or for any other purpose and the landlord proposing to erect such building is unable to obtain possession of the land from the tenant by agreement with him and the controller, on an application made to him in this behalf by the landlord, is satisfied that the landlord is ready and willing to commence the 25 work and that the severance of the vacant land from the rest of the premises will not cause undue hardship to the tenant, the controller may-(a) direct such severance; (b) place the landlord in possession of the vacant land; 30 (c) determine the rent payable by the tenant in respect of the rest of the premises ; and vacant possession to landlord (d) make such other order as he thinks fit in the circumstances of the case 24 notwithstanding anything contained in any other law, where 35 the interest of a tenant in any promises is determined for any reason whatsoever and any order is made by the controller under this act for the recovery of possession of such premises, the order shall, subject to the provisions of section )7, be binding on all persons who may be in occupation of the premises and vacant possession thereof 40 shall be given to the landlord by evicting all such persons therefrom: provided that nothing in this section shall apply to any person who has an independent title to such premises chapter iv deposit of rent25 (1) every tenant shall pay rent within the time fixed by ~eceiptj:en s contract or in the absence of such contract, by the fifteenth day of for rent the month next following the month for which it is payable paid (2) e\,ery tenant who makes a payment of rent to his landlord shall be entitled to obtain forthwith from the landlord or his authorised agent a written receipt for the amount paid to him signed bv the landlord or his authorised agent 10 (3) if the landlord or his authorised agent refuses or neglects to deliver to the tenant a receipt referred to in sub-section (2), the controller may, on an application made to him in this behalf ":jv the tenant within two months from the date of payment and after hearing the landlord or his authorised agent, by order direct the land-is lord or his authorised agent to pay to the tenant by way of damages, such sum not exceeding double the amount of rent paid by the tenant and the costs of the application and shall also grant a certificate to the tenant in respect of the rent paid 26 (1) where the landlord does not accept any rent tendered by deposbit hof ,, h h· h· f d i 25 f rent y t e - t e tenant wit m t e tlme re erre to in sect on or re uses or tenant neglects to deliver a receipt referred to therein or where there is a bona fide doubt as to the person or persons to whom the rent is payable, the tenant may deposit such rent with the controller in the prescribed manner )5 (2) the deposit shall be accompanied by an application by 1he tenant containing the following particulars, namely:-(a) the premises for whic!1 the rent is deposited with a description sufficient for identifying the premises; (b) the period for which the rent is deposited; so (c) the name and address of the landlord or the person or persons claiming to be entitled to such rent; (d) the reasons and the circumstances for the application for deposit of the rent; (e) such other particulars as may be prescribed 35 (s) on such deposit of the rent being made, the controller shall send in the prescribed manner a copy or copies of the application to the landlord or persons claiming to be entitled to the rent with an endorsement of the date of the deposit (4) if an application is made for the withdrawal of any deposit of rent, the controller shall, if satisfied that the applicant is the person entitled to receive the rent deposited, order the amount of the rent 5 to be paid to him in the manner prescribed: provided that no order for payment of any deposit 0£ rent shall be: made by the controller under this sub-section without giving all persons named by the tenant in his application under sub-section (2) as claiming to be entitled to payment of such rent an opportunity 10 of being heard and such order shall be without prejudic~ to the rights of such persons to receive such rent being decided by a court of competent jurisdiction - (5) if at the time of filing the application under sub-section (1), but not after the expiry of thirty days from receiving the notice of is deposit, the landlord or the person or persons claiming to be entitled to the rent complains or complain to the controller that the sjatements in the tenant's application of the reasons and circums~an::es which led him to deposit the rent are untrue, the controjlc!r atter giving the tenant an opportunity of being heard, may levy on the 20 tenant a fine which may extend to an amount equal to two months', rent, if the controller is satisfied that the said statements were materially untrue and may order that a sum out of the fine realised be paid to the landlord as compensation (6) the controller may, on the complaint of the tenant and after 25 giving an opportunity to the landlord of being heard, levy on the landlord a fine which may extend to an amount equal to two months' rent, if the controller is satisfied that the landlord, without any reasonable cause, refused to accept rent though tendered to hldl within the time referred to in section 25 and may further order that 30 a sum out of the fine realised be paid to the tenant as compensation time limit 27 (1) no rent deposited under section 26 shall be considered to ~o:posft'aki:~ have been validly deposited under that section, unless the deposit codsequen- is made within fifteen days of the time referred to in section 25 for ces of in- correct parti- payment of the rent 35 culara in application for deposit (2) no such deposit shall be considered to have been validly made, if the tenant wilfully or negligently makes any false state· ment in his application for depositing the rent, unless the landlord has withdrawn the amount deposited before the date of filing an application for the reeovery of possession of the premises from the' 40 tenant (3) if the rent is deposited within the time mentioned in subsection (1) and does not cease to be a valid deposit for the reason mentioned in sub-section (2), the deposit shall constitute payment of rent to the landlord, as if the amount deposited had been validly 5 tendered 28 (1) the withdrawal of rent deposited under section 26 in the saving as to ·ded th h 11 t dm·· aa:eptance 01 manner provl erem s a not opera e as an a is810n agamst rent and the person withdrawing it of the correctness of the rate of rent, the forfeiture period of default, the amount due, or of any other facts stated in the ~~po~~~r in 10 tenant's application for depositing the rent under the said section (2) any rent in deposit which is not withdrawn by the landlord or by the person or persons entitled to receive such rent shall be forfeited to government by an order made by the controller, if it is not withdrawn before the expiration of five years from the date 15 of posting of the notice of deposit (3) before passing an order of forfeiture, th(: controller shall give notice to the landlord or the person or persons entitled to receive the rent in deposit by registered post at the last known address of such landlord or person or persons and shall also publish 2j lhe notice in his office and in any local newspaper chapter v hotels and lodging houses29 the provisions of this chapter shall apply to all hotels and afp~cation ludging houses in the areas which, immediately before the 7th day ch:p~r 25 of april, 1958, were included in the new delhi municipal committee municipal committee, delhi and the notified area committee, civil station, delhi and may be applied by the central government, by notification in the official quette, to hotels and lodging houses within the limits of such other uroan area of the municipal corpa-30 ration of delhi as may be specified in the notification: provided that if the central government is of opinion that it would not be desirable in the public interest to make the provisions of this chapter applicable to any class of hotels and lodging houses, it may, by notification in the official gazette, exempt such class of 35 hotels and lodging houses from the operation of this chapter 30 (1) where the controller, on a written complaint or otherwise, pixing of has reason to believe that the charges made for board or lodging ralr rale or any other service provided in any hotel or lodging house are excessive, he may fix a fair rate to be charged for board, lodging or other services provided in the hotel or lodging house and in fixing such fair rate, specify separately the rate for lodging, board vi' other services (2) in determining the fair rate under sub-section (1), the con-5 troller shall have regard to the circumstances of the case and to the prevailing rate of charges for the same or similar accommodation, board and service, during the twelve months immediately preceding the 1st day of june, 1951, and to any general increase in the cost of living after that date 10 revision 01 fair rate 31 on a written application from the manager of a hotel or the owner of a lodging house or otherwise, the controller may, from time to time, revise the fair rate to be charged for board, lodging or other service in a hotel or lodging house, and fix such rate as he may deem fit having regard to any general rise or fall in the cost 15 of living which may have occurred after the fixing of fail' rate charges in 32 when the controller has determined the fair rate of charges excess of t f htl ld' h fair rate u1 respec 0 a 0 e or 0 gmg ouse,-not recoverable (a) the manager of the hotel or the owner of the lodging house, as the case may be, shall not charge any amount in excess 20 of ,the fair rate and shall not, except with the previous written consent of the controller, withdraw from the lodger any concession or service allowed at the time when the controller determined the fair rate; (b) any agreement for the payment of any charges in 2s excess of such fair rate shall be void in respect of such excess and shall be construed as if it were an agreement for payment of the said fair rate; (c) any sum paid by a lodger in excess of the fair rate shall 1)e recoverable by him at any time within a period of six months 30 from the date of the payment from the manager of the hotel o~ the owner of the lodging house or his legal representatives and may, without prejudice to any other mode of recovery, be deducted by such lodger from any amount payable by him to such manager or owner 35 itec()ve~y of 33 notwithstanding anything qontained in this act, the manager b';'i:~~:er of a hotel or the owner of a lodging house shall be entitled to reof a hotel cover possession of the accommodation provided by him to a lodger ~: !~=:r on obtaining a certificate from the controller certifying-!louse (a) that the lodger has been guilty of conduct which is 8 40 nuisance or which causes annoyance to any adjoining or neighbouring lodger; (b) that the accommodation is reasonably and bona fide required by the o~ner of the hotel or lodging house, as the case 5 may be, either for his own occupation or for the occupation of any person for whose benefit the accommodation is held, or any other cause which may be deemed satisfactory to the controller; (c) that the lodger has failed to vacate the accommodation on the termination of the period of the agreement in respect 10 thereof; (d) that the lodger has done any act which is inconsistent with the purpose for which the accommodation was given to him or which is likely to affect adversely or substantially the owner's interest therein; 15 (e) that the lodger has failed to pay the rent due from him chapter vi appointment of controllers and their powers and !':jnctions and appeals34 (1) the central government may, by notification in the appoint-20 official gazette, appoint as many controllers as it think fit, and c::rol1e~f define the local limits within which, or the hotels and lodging hollses and addif h· h h c ii hi' b tiona! con in respect 0 w ic ,eac ontro er 5 a i exercise t e powers con- trdlers ferred, and perfonn the duties imposed, on controller'i by or under this act 25 (2) the central government may also, by notification in the official gazette, appoint as many additional controllers as it thinks fit and an additional controller shall perform such of the functions of the controller as may, subject to the control of the central government, be assigned to him in writing by the controue • 30 and in the discharge of these functions, an additional controller shall have and shall exercise the same powers and discharge the same cluties as the controller (3) a person shall not be qualified for appointment as a controller or an additional controller, unless he has for at least five years 35 held a judicial office in india 35 (1) the controller may-(a) transfer any proceeding pending before him for disposal to any additional controller, or (b) withdraw any proceeding pending before any additional controller and dispose it of himself or transfer the proceeding 5 for disposal to any other additional controller (2) the controller shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, when trying a suit in respect of the following matters, namely:-(a) summoning and enforcing the attendance of any persoll 10 and examining him on oath: (b) requiring the discovery and production of documents; (c) issuing commissions for the examination of witnesses; (d) any other matter which may be prescribed; and any proceeding before the controller shall be deemed to be a 15 judicial proceeding within the meaning of section 193 and section 228 of the indian penal code and the controller shall be deemed to be s civil court within the meamng of section 480 and section 482 of s of j898 the code of criminal procedure 1 hyh (3) for the purposes of holding any inquiry or discharging any 20 duty under this act, the controller may,-(a) after glving not less than twenty-four hours' notice in writing, enter and inspect or authorise any officer subordinate to him to enter and inspect any premises at any time between sunrise and sunset; or 25 (b) by written order, require any person to produce for his inspection all such accounts books or other documents relevant to the inquiry at such time and at such place as mayde specified in the order (4) the controller may, if he so thinks fit, appoint one or more 30 persons having special knowledge of the matter under consideration as an assessor or assessors to advise him in the proceeding before him procedure to 36 (1) no order which prejudicially affects any person shall be 35 be followed made by the controller under this act without riving him a reason-~lr control- able opportunity of showin~ cause against the order proposed to be made and until his objections if any and any evidence he may produce in support of the same have been considered by the c~ntroller (2) subject to any rules that may be, made unrler this act, the controller shall, while holding an inquiry in any proceeding before 5 him, follow as far as may be the practice and procedure of a court of small causes, including the recording of evidence (3) in all proceedings before him, the controller shall (onsider the question of costs and award such costs to or against any party as the controller considers reasonable 10 37 (1) an appeal shall lie from every order of the controller athpp~ral'b to e n umade under this act to the rent control tribunal (hereinafter nal referred to as the "tribunal' ) consisting of one person only to be appointed by the central government by nottftcation in the ofbcial gazette 15 (2) an appeal under sub-section (1) shall be preferred within thirty days from the date of the order made by the controller: provided that the tribunal 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 20 time (3) the tribunal shall have all the powers vested in a court under the code of civil procedure, 1908, when hearing an appeal (4) without prejudice to the provisions of sub-section (3), the tribunal may, on an application made to it or otherwise, by order 25 transfer any proceeding pending before any controller or additional controller to another controller or additional controller and the controller or additional controller to whom the proceeding is so transferred may, subject to any special directions in the order of transfer, dispose of the proceeding 30 (5) a person shall not be qualified for appointment to the tribunal, unless he is or has been, a district judge or has for at least ten years held a judicial office in india 38 (1) subject to the provisions of sub-section (2), an appeal second shall lie to the high court from an order made by the tribunal appeal 35 within sixty days from the date of such order: provided that the high court may entertain the appeal after the expiry of the said period of sixty days, if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time (2) no appeal shall lie under sub-section (1) unless the appeal involves some substantial qwstion of law amendment of orders 39 clerical or arithmetical mistakes in any order passed by a controller or the tribunal or errors arising therein from any accidental slip or omission may, at any time, be corrected by the 5 controller or the tribunal on an application received in tris bphalf from any of the parties or otherwise controller to 40 any fine imposed by a controller under this act shall be exercise f paid by the person fined within such time as may be allowed by powers 0 10 a magistrate the controller and the controller may, for good and sufficient ~fr fut~~very reason, extend the time, and in default of such payment, the amount shall be recoverable as a fine under the provisions of the code of criminal procedure, 1898, and the controller shall be 5 of i!!98 deemed to be a magistrate under the said code for the purposes 15 of such recovery controlle,r 41 saw as otherwise provided in section 40, an order made by ~w::rc1s~f the controller or an order passed on appeal under this act shall civil court be executable by the controller as a decree of a civil court and ~fr ~te~tion for this purpose, the controller shall have all th~ powers of a civil orders court 20 finality of order 42 save as otherwise expressly provided in this act, every order made by the controller or an order passed on appeal under this act shall be final and shall not be called in question in any original suit, application or execution proceeding chapter vii provisions regarding special obligations of landlords and penaltiesjandlorf8 43 (i) every landlord shall be bound to keep the premises in tt::yp~m!~ good and tenantable repairs, except in cases where the tenant has in "ood undertaken by agreement to keep the premises in repairs 30 repair (2) if the landlord neglects or fa\ls to make, within a reasonable time after notice in writing, any repairs which he is bound to make under sub-section (1), the tenant may make the same himself and deduct the expenses of such repairs from the rent or otherwise recover th~m from the landlord: 35 provided that the amount so deducted or recoverable in any year shall not exceed one-twelfth of the rent payable by the tenant for that year (3) where any repairs without which the premises are not 5 habitable or useable except with undue inconvenience are to be made and the landlord neglects or fails to make them after notice in writing, the tenant may apply to the controller for permission to make such repairs himself provided that the cost of such repairs does not exceed rent for a period of two years payable by that 10 tenant and where such repairs are made with the permission of the controller, the limitation as to the amount deductable or recoverable as provided in sub-section (2) shall not apply 44 (1) no landlord either himself or through any person pur- cutti~g off porting to act on his behalf shall without just or sufficient cause h~iji~~-15 cut off or withhold any essential supply or service enjoyed by the essential " ~~ ~ tenant m respect of the premises let to him service (2) if a landlord contravenes the provisions of sub-section (1), the tenant may make an application to the controller complaining of such contravention 20 (3) if the controller is satisfied that the essential supply or service was cut off or withheld by the landlord with a view to compel the tenant to vacate the premises or to pay an enhanced rent, the controller may pass an order directing the landlord to restore the amenities immediately, pending the inquiry referred to 25 in sub-section (4) explanation-an interim order may be passed under this subsection without giving notice to the landlord (4) if the controller on inquiry finds that the essential supply or service enjoyed by the tenant ~n respect of the premises was 30 cut off or withheld by the landlord without just or sufficient cause, he shall make an order directing the landlord to restore such supply or service (5) the controller may in his discretion direct that compensation not exceeding fifty rupees-35 (a) be paid to the landlord by the tenant, if the application under sub-section (2) was made frivolously or vexatiously; (b) be paid to the tenant by the landlord, if the !anrljord had cut off or withheld the supply or soervice without just or sufftcient cau explanation-in this section, "essential supply or service" includes supply of water, electricity, lights in passsages and on staircases, conservancy and sanitary services landlord's 45 whenever, after the commencement of this act, any pre-' d~ty to mises are constructed, the landlord shall, within thirty days of the 5 give notice f ___ i tru ti in h fin' of new completion 0 w;u cons con, glve tunatlon t ereo wntmg construction to the estate officer to the government of india or to such other to gm'crnmen! officer as may be specified in this behalf by the government leases of 46 (j) the provisions of this section shall apply only in relation ~::i~es to premises in the areas which, immediately before the 7th day of 10 to govern- april, 1958, were included in the new delhi municipal cummittee memo and which are, or are intended to be, let for use as a residence (2) whenever any premises the standard rent of which is not less than two thousand and four hundred rupees per year becomes vacant either by the landlord ceasing to occupy the premises or by 15 the termination of a tenancy or by the eviction of 8 tenant or by the release of the premises from requisition or otherwise,-(a) the landlord shall, within seven days of the premises becoming vacant, give intimation thereof in writing to the estate officer to the government of india; 20 (b) whether or not such intimation is given, the estate officer may serve on the landlord by post or otherwise a notice-(i) informing him that the premises are required by the governm~nt for such period as may be specified in the 25 notice; and (ii) requiring him, and every person claiming under him, to deliver possession of the premises forthwith to such officer or person as may be specified in the notice: provided that where the landlord has given the intimation 30 required by clause (a), no notice shall be issued by the estate officer under clause (b) more than seven days after the delivery to him of the intimation: provided further that nothing, in this sub-section shall apply in respect of any premlses the possession of which has been obtained 35 by the landlord on the basis of any order made on the ground set forth in clause (e) of the proviso to sub-section (/) of section 14 or in respect of any premises which have been released from requi-sition for the use and occupation of the landlord himself (3) upon the service of a notice under clause (b) of sub-fection (2), the premises shall be deemed to have been leased to the government for the period specified in the notice, as from the date of the delivery of the intimation under clause (a) of sub-s section (2) or in a case where no such intimation has been given, as from the date on which possession of the premises is delivered in pursuance of the notice, and the other terms of the lease shall be such as may be agreed upon between the government and the landlord or in default of agreement, as may be determined by the 10 controller, in accordance with the provisions of this act (4) in every case where the landlord has in accordance with the provisions of sub-section (2) given intimation of any premises becoming vacant and the premises are not taken on lease by the government under this section, the government shall pay to the is landlord a sum equal to one-fifty-second of the standard rent per year of the premises (5) any premises taken on lease by the government under this section may be put to any such use as the government thinks fit, and in particular, the government may permit the use of the pre-20 mises for the purposes of any public institution or any foreign embassy, legation or consulate or any high commissioner or trade commissioner, or as a residence by any officer in the service of the government or of a foreign embassy, legation or consulate or of a high commissioner or trade commissioner 2s 47 (1) if any person contravenes any of the provisions of section penalties 5, he shall be punishable-(a) in the case of a contravention of the provisions of subsection (1) of section 5, with simple imprisonment for a term which may extend to three ironths, or with fine which may extend to a sum which exceeds the unlawful charge claimed or received under that sub-section by one thousand rupees, or with both; 35 (b) in the case of a contravention of the provisions of subsection (2) or sub-section (3) of section 5, with simple imprisonment for a term which may extend to three months, or with fine which may extend to a sum which exceeds the amount or value of unlawful charge claimed or received under the said sub-section (2) or sub-section (3), as the case may be, by five thousand rupees, or with both (2) if any tenant fails to comply with the provisions of clause (c) 01 sub-section (3) of section 7, or supplies under that clause, a statement which is false in any material particular, he shall be punishable with fine which may extend to one thousana rupees (3) if any tenant sub-lets the whole or part of any premises in 5 centravention of the provisions of clause (b) of the proviso to subsection (1) of section 14, he shall be punishable with fine which may mend to one thousand rupees (4) if any landlord re-iets the whole or any part of any premises in contravention of the provisions of sub-section (1) or sub-section io (2) of section 18, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both (5) if any landlord contravenes the provisions of sub-section (1) of section 44, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both is (6) if any landlord fails to comply with the provisions of section 45, he shall be punishable with fine which may extend to one hundred rupees (1) if any person contravenes the provisions of clause (a) of subsection (2) of section 46, or fails to comply with a requirement under ~ clause (b) thereof, he shall be punishable with simple imprisonment for a tenn which may extend to three months, or with fine which may ~tend to one thousand rupees, or with both ar cop!!'bci 48 (1) no court inferior to that of a magistrate of the first class ouedcee shall try any offence punishable under this act 25 (2) no court shall take cognizance of an offence punishable under section 47, unless the complaint in respect of the offence has been made within three months from the date of the commission of the offence (3) notwithstanding anything contained in section 32 of the code 30 of c~minal procedure, 1898, it shall be lawful for any magistrate of 5 of 1191 the first class to pass a sentence of fine exceeding two thousand rupees on 8 person convicted of an offence punishable under section 47 chapter viiimisckllalfilous !r1di:;u 41 (1) save as otherwise expressly provuled in this act, no clvu mtuu barred court shall entertain any suit or proeeeciing in so far as it relates to =-== the fixation of standard rent in relation to 8ay premises to which mattera lhis act applies or to eviction of any tenant therefrom or to any othelmatter which the controller is empowered by or under this act to decide, and no injunction ill respect of any action taken or to be taked by the controller under this act shall be granted by any civil court 5 or other authority (2) if, immediately before the commencement of this act, there is bny suit or proceedmg pending in any civil court for the eviction of any tenant from any premises to which this act applies and the construction of which has been completed after the 1st day of june, 1951, 10 but before the 9th day oi june, 1955, such suit or proceeding shall, on su('h commencement, abate (j) if, in pursuance of any decree or order made by a court, any tenant has been evicted after the 16th day of august, 1958, from any premim!s to which this act applies and the construction of which baa 15 been completed after the 1st day of june, 1951, but before the 9th day of june, 1955, then, notwithstanding anything contained in any other law, the controller may, on an application made to him in this behalf by such evicted tenant within six months from the date of eviction, direct the landlord to put the tenant in possession of the premises ~ or to pay him such compensation as the controller thinks fit (4) nothing in sub-section (1) shall be construed as preventing a civil l'ourt from entertaining any suit or proceeding for the decision of any question of title to any premises to which this act applies or any question as to the person or persons who are entitled to receive 25 the rent of such premises 5 • all controllers and additional controllers appointed under this ~~ act shall be deemed to be public servants within the meanidg of sec- public: tion 21 ·of the indian penal code lervldti - ~ of j8~ 51 no suit, prose'cutton or other legal proceeding shall lie against pr~tectiora of 30 any controller or additional contr('ller in respect of anything which =':~: i~ in good faith done or intended to be done in pursuance of this act 31 of 19~o 52 nothing in this act shall affect the provisions of the adminis- saving of 96 or j9s6 tration of evacuee property act, 1950, or the slum areas (improve- operadoo or 97 0( 1956 ment and clearance) act, 1956, or the delhi tenants (temporary ~ ~ta 35 tection) act, 1956 53 (1) the central government may, by notification in the official power to gazette, make rules to carry out the purposes of this act mue rules (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the follow-40 ing matters, namely:-(a) the form and manner tn which, and the period within which, an application may be made to the controller; (b) the form and manner in which an application f~ deposit of rent may be made and the particulars which it may contain; (c) the manner in which a controller may hold an inquiry 5 under this act; (d) the powers of the civil court which may be vested in a controller; (e) the form and manner in which an application for appeal or transfer of proceeding may be made to the tribunal; 10 (f) the manner of service of notices under this act; (g) any other matter which has to be, or may be, prescribed (3) all rules made under this section shall be laid for not less than thirt~· days before each house of parliament as soon as possible after they are' made and shall be subject to such modifications as parlia- 15 ment may make during the session in which they are so laid or the session immediately following 54 (1) the delhi and ajmer rent control act, 1952, in so far as it 38 of 1952 repeal savings and is applicable to the union territory of delhi, is hereby repealed (2) notwithstanding such repeal, all suits and other proceedings under the said act pending, at the commencement of this act, before 20 any court or other authority shall be continued and disposed of in accordance with the provisions of the said act, as if the said act had continued in force and this act had not been passed: provided that in any such suit or proceeding for the fixation of 25 standard rent or for the eviction of a tenant from any premises to which section 52 does not apply, the court or other authority shall have regard to the provisions of this act: provided further that the provisions for appeal under the said act shall continue in force in respect of suits and proceedings disposed of 30 tht!reunder the first schedule [see section 1 (2)]the urban areas within the limits of the municipal corporation or delhi to which the act extends 5 the areas which, immediately before the 7th april, 1958, were lncluded 1n-1 the municipality of new delhi excluding the area specified in the first schedule to the delhi municipal corporation act, 11157; 66 of 1957 10 2 the municipal committee, delhi; 3 tbe notified area committee, civil station, delhi; 4 the municipal committee, delhi-shahdara; 5 the notified area committee, red fort; 6 the municipal committee, west delhi the second schedule15 [see sections 2 (a) and 6 (a)] basic rent1 in this schedule, "basic rent" in relation to any premises let out before the 2nd june, 1944, means the original rent of such premises referred to in paragraph 2 increased by such percentage of the origi-20 nal rent as is specified in paragraph 3 or paragraph 4 or paragraph 5, as the case may be 2 "original rent", in relation to premises referred to in paragraph i, means-2s (a) where the rent of such premises has been fixed under the new delhi house rent control order, 1939, or the delhi rent control ordinance, 1944, the rent so fixed; or 25 of 19« (b) in any other case,-(i) the rent at which the premises were let on the 1st november, 1939, or 30 (ii) if the premises were not let on that date, the rent at which they were first let out at any time after that date but before the 2nd june, 1944 ~ where the ~ to which paragraph 2 applies are let out for the purpose of being used as a residence or for any of the purposes of a public hospital an educational institution, a public library or reading room or an orphanage, the basic rent of the premises shall be the original rent increased by-5 (0) 121 per cent thereof, if the original rent per annum is not more than rs 300; (b) 151 per cent thereof, if the original rent per annum is more than rs 300 but not more than rs 600; (c) is! per cent thereof, if the original rent per annum is 10 more than rs 600 but not more than rs 1,200; (d) 25 per cent thereof, if the original rent for annum is more than rs 1,200 4 whether the premises to which paragraph 2 applies are let out for any purpose other than those mentioned in paragraph 3, the is basic rent of the premises shall be the original rent increased by twice the amount by which it would be increased under paragraph 3, if the premises were let for a purpose mentioned in that paragraph 5 'n'"here the premises to which paragraph 2 applies are used main- 20· 1y 8!1 a iesidence and incidentally for business or profeulon, the basic rent of the premises shall be the mean of the rent as calculated under paragraphs 3 and 4 statement of objects and reasonsthe delhi ajmer rent control act of 1952 at present governs the :ftlations between the landlords and tenants in delhi in 1956, the delhi tenants (temporary protection) act was enacted in order to provide temporary protection against eviction to tenants paying less than rs 100 per month as rent 'this act will continue to be in force up to february, 1959 2 the delhi rent control bill, which seeks to replace the delhi ajmer rent control act of 1952, is intended-(4) to devise a suitable machinery for expeditious adjudication of proceedings between landlords and tenants; (b) to provide for the determination of the standard rent payable by tenants of the various categories of premises which should be fair to the tenants, and at the same time, provide incentive for keeping the existing houses in good repairs, and for further investment in house construction; and (c) to give tenants a larger measure of protection against eviction 3 the notes on clauses appended to the bill explain its important ·provisions govind balla!5h pant nw dam; the 23rd at£gust, 1958 clause 1 and the first schedule-the propoaed eanctment will apply, in the first instance, only to those areas in delhi to which the delhi and ajmer rent control act, 1952, is at present applicable provision has, however, been made empowering the central government to extend the act to other areas and also to exclude any area from the operation of the act clauses 3 to 5-these clauses follow broadly the earlier act of 1952 i" ~ ; clause 5 prohibits a person to claim or receive any rent in excess of the standard rent or any sum or other consideration, whether in cash or in kind, in addition to the rent when any such sum or consideration is paid by the tenant to the landlord, the tenant would be entitled 10 get a refund of the amount so paid on an application made to the controller under clause 13 of the bill the contravention of the provisions of clauses 5 (1) and 5 (2) has also been made a penal offence under clause 47 clause 6 and the second schedule-rent control was introduced in 1939 in new delhi by the new delhi house rent control order of 1~ it was made applicable to old delhi by the delhi rent control ordinance of 1944 the delhi and ajmer-merwara rent control act of 1947 replaced the earlier laws on the subject and allowed a graded increase in respect of premises which were let out before 2nd june, 1944 the effect of the increases given in the act of 1947 was to bring the rent level of pre-1944 premises generally to 7l per cent of the cost of construction by the act of 1952, which is currently in force, no changes were made in the rent structure the court was, however, empowered to nx the standard rent of houses let out afrer 2nd june, 1944, so as not to exceed 71 per cent of the reasonable cost of construction including the market value of the land the act also exempted all new houses which were completed between 2nd june, 1951, and 8th june, 1955, for a period of seven years from the date of their completion the act was, however, applicable to the premises constructed and let out after 8th june, 1955 in view of the increase in the cost of building materials and labour, and the need to keep the buildings in the state of repair, the present bill seeks to provide for an increase of 10 per cent of the standard rent in respect of residential and non-residential premises constructed before 2nd june, 1951 for the purpose of fixing standard rent, the premises have been divided broadly into two categories -the premises constructed before the 2nd june, 1951, and those constructed after that date in the pre-1951 premises, if they were let before 2nd june, 1944, rent has to be determined in accordance with the provisions of the second schedule of the act of 1952 and an increase of 10 per cent over such basic rent will be the standard rent if the premises were let after 2nd june, 1944, and if their rent has already been fixed under any of the earlier acts, an increase of 10 per cent over the rent so fixed will be the standard rent if, however, rent has not been fixed under any of the earlier acts, standard rent will be determined with reference to 81th per cent of the cost of construction of the premises and the price of the land so long as the standard rent is not so fixed, the rent at which they were first let out together with 10 per cent of such rent will continue to be the standard rent in the case of post-1951 premises, those which were constructed between the 2nd june, 1951, and 8th june, 1955, were exempt from the operation of the existing act it is proposed that the rent of such premises should be frozen at the existing level and rent will be payable by the tenants at that rate for the period of seven years for which the premises were exempted under that act, and as and when the period of exemption expires in respect of any premises, the rent will be revisable on an application to the controller so as not to exceed 81th per cent of the reasonable cost of construction including the market price of the land in the case of premises constructed after the 8th june, 1955, it is proposed that the rent at which the premises are first let out shall be deemed to be the standard rent for a period of five years from the date of such letting out and on the expiry of that period rent would be revisable on application to the controller, having regard to the cost of construction and the price of the land clause 9-all suits and proceedings arising out of the existing act of 1952 are adjudicated by civil courts in order that there may be a more expeditious disposal of such proceedings, it has been provided that such proceedings will be adjudicated by specially appointed rent controllers clauses 12 and 13-the act of 1952 prescribed that the period of limitation for the filing of an application for the fixation of standard rent or for the refund of any unlawful payment made to the landlord would be six months these clauses enhance the period of limitation from six months to one year clause 14-'i'his clause specifies the grounds on which a tenant may be evicted default in the payment of rent is one of such grounds it has been dealt with in proviso (a) to clause 14 (1) and clauses 14 (2) and 15 in every proceeding for the eviction of a tenant on such a ground, the controller should make an order directing the tenant to payor deposit the rent due within one month from the date of the order if there is any dispute about the rate of rent, the controller should, within 15 days of the date of the first hearing, fix an interim rent and direct the tenant to pay the amount he should then fix the standard rent and the arrears should be cleared within one month of the date of the order fixing the standard rent if there is any dispute as to the person or persons who are entitled to the rent, the controller should direct the tenant to deposit the rent due and decide the dispute and until the dispute is so decided, no person would be allowed to withdraw the amount of rent in deposit if a tenant raises a false or frivolous dispute regarding the landlord's title, his defence may be struck off provision has been made that no tenant would be liable to eviction on the ground of default in the payment of rent, if the arrears of rent are paid or deposited in accordance with -the directions of the contrpller the tenant would not, however, be entitled to any such relief in the event of any subsequent default on his part sub-letting by a tenant is another ground for his eviction for the purpose of creating a valid sub-tenancy, it is necessary, under the act of 1952, to obtain a written consent of the landlord but no such written consent was n'ecessary under the act of 1947 this problem of sub-tenancy has been dealt with in the proviso (b) to clause 14 (1), clauses 14(1), 14(4), 16 and 17 the existing provisions have been retained but it has also been provided that in the case of non-residential premises, sub-letting will be prohibited even in the fonn of partnership without the written consent of the landlord as it is often difficult to ascertain whether a sub-tenancy was lawfully created, clause 16 provides that every tenant and subtenant may give notice of the creation of sub-tenancy and if there is any dispute over the matter, the controller would settle it such a sub-tenant who has given notice of his sub-tenancy cannot be evicted unless the order of eviction is made binding on him clause 17 further provides for the circumstances in which a sub-tenant can become a tenant holding directly under the landlord using premises for a purpose other than that for which it is let is also a ground for eviction under the existing law it has been provided in clause 14 (5) that no proceeding for the eviction of a tenant on such a ground would lie unless the landlord has given notice to stop the misuse and the tenant has failed to comply with the requirement it is further provided that no order shall be made for eviction on such a ground, unless the misuse is of a nature detrimental to the interest of the landlord under the existing law, a landlord can recover possession of any premises let for residential purposes, if they are required bona fide by the landlord or his family under the bill, bona fide requirement of the premises for the family of the landlord will not be a ground for the eviction of the tenant it is also provided that an order for eviction on such a ground will not be executed within six months from the date of the order and the landlord has further been prohibited under clause 18 from re-ietting the premises for a period of three years except with the prior approval of the controller infringement of this provision has been made a penal offence under clause 47 clause 14 (7) further provides that when a landlord wants to recover possession of any premises for the purpose of building or rebuilding or making substantial alterations to any premises, the controller shall not pass the order of eviction, unless he is satisfied that such reconstruction will not alter the purpose for which the premises were originally let and that the landlord has necessary funds to carry out the reconstruction under the existing law, a tenant can be evicted, if his conduct is a nuisance or causes annoyance to others this provision has been omitted from the bill clause 20-ln order to ensure that tenancies for limited periods are created only in genuine cases, this clause provides that an agreement for the creation of such a tenancy must be made with the approval of the controller clauses 25 to 28-these clauses deal with the provisions relating to deposit of rent they impose an obligation on the landlord to issue a receipt for the amount of rent paid they deal with the circumstances in which rent may be deposited with the controller and certain incidental matter!!, clauses 29 to 33-these clauses correspond to sections 22 to 28 of the existing act of 1952 with suitable modifications clause 34-under the existing law, all proceedings relating to the fixation of standard rent or the eviction of tenants are adjudicated by civil courts this clause contemplates appointment of controllers and additional controllers for the disposal of such proceedings clauses 35 to 42-these clauses deal with the powers of controllers, procedure to be followed by them, the appointment of a rent control tribunal to hear appeals against the orders of controllers and additional controllers and other incidental matters clause 49-sub-clause (1) bars the jurisdiction of civil courts in respect of all matters which the controller is competent to decide the premises constructed between 2nd june, 1951, and 8th tune, 1955, were exempt from the act of 1952 it is now proposed to 'extend the provisions relating to protection against eviction to such premises also sub-clauses (2) and (n seek to give some reli'ef to the tenants of such premises in respect of eviction proceedings instituted before the commencement of the act clause 52-the delhi tenants (temporary protection) act, 1952, will continue to be in force till february, 1959 it is proposed that the operation of that act should not be affected by the provisions of this bill - provisions of the slum areas (improvement and clearance) act, 1956, will also not be affected by the present bill under that act, a tenant living in a declared slum area cannot be evicted in pursuance of any decree or order except with the previous permission in writing of the competent al1thority the protection given to the tenants in slum areas would not be affected by this bill existing provisions in the administration of evacuee property act, 1950, would also remain undisturbed by this bill clause 54-this bill, when enacted, would replace the earlier act of 1952 but a large number of suits and proceedings under that act are pending before various civil courtl'; it is proposed not to transfer them to controllers but to anow the civil col1rtr; to dispose them of the civil courts, however, should have regard to the provisions of the bill in disposing of such proceedings clause 34 of the bill contemplates the appointment of controllers and additional controllers for the expeditious adjudication of proceedings which may ari~e out of the provisions of the bill when enacted for this purpose, it is proposed to divide delhi into a number of zones, with a rent controller for each such zone under section 37, appeals from the orders of controllers will lie to the rent control tribunal it is proposed to appoint six controllers with their complement of subordinate staff the appellate tribunal will consist of a district judge the total cost on the officers and staff is ~xpected to be about rs 89,900 per annum during the first year the expenditure will not exceed half the amount memorandum reoarding delegated legislationclause 53 of the bill empowers the central government to make rules in respect of matters specified therein they relate, inter alia, to the l'orm and manner in which applications lllay be matie to controllers or for deposit of rent, the manner in which inquiries may be held by controllers, the form and manner in which appeals and applications for transfer may be made and the manner of service of notice req uir~d to be served the matters in respect of which rules may be made are of a routine and administrative character moreover, the -rules shall be subject to the scrutiny of parliament the delegation of legislative power is thus of a normal character a billto provide for the control of rents and evictions, and for the lease of vacant premises to govenunent, in certain areas in the union territory of delhi 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 (shr£ govind ballabh pant, minister of home affairs)

Parliament_bills

76479632-2cf7-5be2-b9c6-2e7273d5984a

the indian penal code (amendment) bill, 1959(as introduced in lok sabha on 16th november, 1959) (as introduced in lok sabha) a billfurther to amend the indian penal code be it enacted by parliament in the tenth year of the republic of india as follows:-1 (1) this act may be called the indian penal code ment) act, 1959 (amend- short title, exlent and commence-s (2) it extends to the whole of india except the state of jammu ment and kashmir (3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint of 1860 2 after section 363 of the indian penal code, the following insertion of 10 section shall be inserted, namely: _ ;:;asectilm is 20 '363a (1) whoever kidrnaps any minor or, not being the kidnappinl lawful guardian of a minor, obtains the custody of the minor, in or ~imin, a minor for order that such mmor may be employed or used for the purposes pufj'olea or of begging shall be punishable with imprisonment of either bc,in, description for a term which may extend to ten years, and shall also be liable to fine (2) whoever maims any minor in order that such minor may be employed or used for the purposes of begging shall be punishable with imprisonment for life, and shall also be liable to fine (3) where any person, not being the lawful guardian of a minor, employs or uses such minor for the purposes of begging, it shall be presumed, unless the contrary is proved, that he kidnapped or otherwise obtained the custody of that minor in order that the minor might be employed or used for the purposes of begging (4) in this section,-(a) "begging" meanss (i) soliciting or receiving alms in a public place, whether under the pretence of singing, dancing, fortune-telling, performing tricks or selling articles or otherwise; jo (ii) entering on any private premises for the purpose of soliciting or receiving alms; (iii) exposing or exhibiting, with the object of obtaining or extorting alms, any sore, wound, mjury, deformity or disease, whether of himself or of any is other person or of an animal; (iv) using a minor as an exhibit for the purpose of soliciting or receiving alms; (b) "minor" means-(i) in the case of a male, a person under sixteen 20 years of age; and (ii) in the case of a female, a person under eighteen years of age' 3 in the code of criminal procedure, 1898, in schedule ii, after the entry relating to section 363 of the indian penal code, the following entry shall be inserted, namely:-, ] 2 3 4 5 6 7 amendment of schedule ii, act 5 0 f 1898 5 of 1898 4s of 1860 i court of session, presidency magistrate, or mag»-nate of the first ~i "363<\ kidnapping, or obtaining the custody of, a minor, in order that such minor may be employed or used for purposes of begging mayanest without warrant warrant not bailable not compoundable imprisonment of either description for ,0 yean and fine 10 maiming - minor in order that such minor may be employed or used for purposes of beaginc ditto ditto dino dino imprisonment for life and fine court of session~ statement of objects and reasonsto put down effectively the evil of kidnapping of children for exploiting them for begging, the provisions existing in the indian penal code are not quite adequate there is also no special provision for deterrent punishment for the greater evil of maiming of children so as to make them objects of pity 2 the bill makes kidnapping or obtaining custody of a minor, and the maiming of a minor for employing him for begging, specific offences and provides for deterrent punishment the bill also makes consequential amendments in the second schedule to the code of criminal procedure, 1898 new delhi; g b pant the 23rd september, 1959 a billfurther to amend the indian penal code (shri govind bal/abh pant, minister of home affairs)

Parliament_bills

5bd23bce-1382-55fb-a287-272125d51190

1985 81 the banking laws (amendment) act, 1985 sections 2 to 9 and 11 to 18, 1986 4 the delegated legislation provisions (amendment) act, 1985 the whole 1986 9 the motor vehicles (amendment) act, 1986 the whole 1986 14 the contract labour (regulation and abolition) amendment the whole act, 1986 1986 19 the administrative tribunals (amendment) act, 1986 sections 2 to 23 1986 20 the inter-state water disputes (amendment) act, 1986 the whole 1986 22 the supreme court (number of judges) amendment the whole act, 1986 1986 24 the tea (amendment) act, 1986 the whole 1986 26 the income-tax (amendment) act, 1986 the whole 1986 28 the wild life (protection) amendment act, 1986 the whole 1986 31 the indian electricity (amendment) act, 1986 the whole 1986 33 the merchant shipping (amendment) act, 1986 sections 2 to 4, 1986 34 the state of mizoram act, 1986 sections 4, | | 5,7, | 13, 14, ||-------------|----------|------------|| 39 | to | 42, || and | the | first || schedule, | | || the | second | || schedule, | | || the | third | || schedule | | || and | = | the || fourth | | || schedule | | || 1986 | 35 | the || act, | 1986 | , || 1986 | 36 | the || 1986 | 37 | the || amendment | act, | 1986 || 1986 | 38 | the || of | service) | amendment || 1986 | 40 | the || to | 6 | || 1986 | | || 41 | | || the | | || apprentices | | || (amendment) | | || act, | | || 1986 | | || the | | || whole | | || 1986 | 42 | the || 1986 | | || 43 | | || the | | || dowry | | || prohibition | | || (amendment) | | || act, | | || 1986 | | || the | | || whole | | || 1986 | | || 44 | | || the | | || suppression | | || of | | || immoral | | || traffic | | || in | | || women | | || and | | || girls | | || the | | || whole | | || (amendment) | act, | 1986 || 1986 | | || 48 | | || the | | || sales | | || promotion | | || employees | | || (conditions | | || of | | || service) | | || the | | || whole | | || amendment | act, | 1986 || 1986 | | || 49 | | || the | | || estate | | || duty | | || (amendment) | | || act, | | || 1986 | | || the | | || whole | | |1986 50 the industrial finance corporation (amendment) act, 1986 the whole 1986 51 the citizenship (amendment) act, 1986 the whole 1986 57 the coal mines nationalisation laws (amendment) sections 2 act, 1986 to 18 1986 59 the atomic energy (amendment) act, 1986 the whole 1986 61 the child labour (prohibition and regulation) act, 1986 sections 23 to 26 1986 67 the indian post office (second amendment) act, 1986 the whole 1986 69 the state of arunachal pradesh act, 1986 sections 4, 5,7, 16, 17, 42 to 45, the first schedule, the second schedule, the third schedule and the fourth schedule 1986 70 the prevention of food adulteration (amendment) act, 1986 the whole 1986 71 the drugs and cosmetics (amendment) act, 1986 the whole 1986 72 the standards of weights and measures (enforcement) the whole amendment act, 1986 1986 73 essential commodities (second amendment) act, 1986 , the whole 1986 74 the monopolies and restrictive trade practices the whole (amendment) act, 1986 1986 75 the standards of weights and measures (amendment) the whole act, 1986 1986 76 the agricultural produce (grading and marking) the whole amendment act, 1986 1987 4 the cotton, copra and vegetable oils cess (abolition) sections 2 act, 1987 to 10 1987 8 the delhi municipal corporation (amendment) act, 1987 the whole 1987 12 the khadi and village industries commission (amendment) the whole act, 1987 1987 13 the merchant shipping (amendment) act, 1987 section 2 to 9 1987 15 the labour welfare fund laws (amendment) act, 1987 the whole 1987 16 the goa, daman and diu mining concessions (abolition and section 14 declaration as mining leases) act, 1987 1987 17 the governors (emoluments, allowances and privileges) the whole amendment act, 19871987 18 the goa, daman and diu reorganisation act, 1987 section 5, 6, 14, 19, 63 to 65 and the first schedule and the second schedule 1987 19 the state of arunachal pradesh (amendment) act, 1987 the whole 1987 20 the factories (amendment) act, 1987 the whole 1987 21 the coconut development board (amendment) act, 1987 the whole 1987 22 the payment of gratuity (amendment) act, 1987 sections 2 to 4 and 6 to 9, 1987 23 the conservation of foreign exchange and prevention of the whole smuggling activities (amendment) act, 1987 1987 24 the punjab state legislature (delegation of powers) act, 1987 the whole 1987 25 the essential commodities (special provisions) the whole continuance act, 1987 1987 26 the cine-workers welfare fund (amendment) act, 1987 the whole 1987 28 the terrorist and disruptive activities (prevention) act, 1987 the whole 1987 29 the atomic energy (amendment) act, 1987 the whole 1987 30 the all-india institute of medical sciences and the post- the whole graduate institute of medical education and research, chandigarh (amendment) act, 1987 1987 31 the representation of the people (amendment) act, 1987 the whole 1987 34 the navy (amendment) act, 1987 _ the whole 1987 35 the expenditure-tax act, 1987 section 33 1987 38 the representation of the people (second amendment) the whole act, 1987 1987 40 the representation of the people (third amendment) the whole act, 1987 1987 41 the shipping development fund committee (abolition) the whole amendment act, 1987 1987 42 the metro railways (construction of works) amendment the whole act, 1987 1987 44 the auroville (emergency provisions) amendment act, 1987 the whole 1987 47 the air(prevention and control of pollution) amendment clauses (i) act, 1987 and (iii) of section 2, clause (ii) of section 4, sections 5 to 14 and sections 1€ to 251987 48 the high court judges (conditions of service) the whole amendment act, 1987 1987 49 the equal remuneration (amendment) act, 1987 the whole 1987 50 the comptroller and auditor-general''s (duties, powers the whole and conditions of service) amendment act, 1987 1987 51 the administrative tribunals (amendment) act, 1987 the whole, 1987 53 the national housing bank act, 1987 section 56 and the second ; schedule 1987 54 the railway claims tribunal act, 1987 chapter vi 1988 1 the regional rural banks (amendment) act, 1987 the whole 1988 3 the commission of sati (prevention) act, 1987 section 19 1988 5 the parsi marriage and divorce (amendment) act, 1988 the whole 1988 10 the delhi administration (amendment) act, 1988 the whole 1988 11 the delhi municipal corporation (amendment) act, 1988 the whole 1988 12 the major port trusts (amendment) act, 1988 the whole 1988 18 the authorised translations (central laws) amendment the whole act, 1988 1988 19 the repealing and amending act, 1988 the whole 1988 20 the high court and supreme court judges the whole (conditions of service) amendment act, 1988 1988 21 the tamil nadu state legislature (delegation of powers) the whole act, 1988 1988 22 the tamil nadu agricultural service co-operative societies section 2 (appointment of special officers) amendment act, 1988 1988 23 the tamil nadu co-operative societies (appointment of the whole special officers) amendment act, 1988 1988 24 the iilegal migrants (determination by tribunals) the whole amendment act, 1988 1988 27 the customs (amendment) act, 1988 the whole 1988 29 the customs and central excises laws (amendment) sections 2 | act, | 1988 | 3,6 | to | 10 ||---------------|-------------|-----------|-----------|-------------|| and | 13 | to | | || 15 | | | | || 1988 | 30 | the | rajghat | samadhi || 1988 | 31 | the | companies | (amendment) || to | 52 | and | | || 54 | to | 67 | | || 1988 | | | | || 32 | | | | || the | | | | || code | | | | || of | | | | || criminal | | | | || procedure | | | | || (amendment) | | | | || act, | | | | || 1988 | | | | || the | | | | || whole | | | | || 1988 | | | | || 33 | | | | || the | | | | || employees' | | | | || provident | | | | || funds | | | | || and | | | | || miscellaneous | | | | || section | | | | || 2 | | | | || provisions | (amendment) | act, | 1988 | to || to | 27 | | | || 1988 | | | | || 35 | | | | || the | | | | || cine-workers | | | | || and | | | | || cinema | | | | || theatre | | | | || workers | | | | || (regulation | | | | || the | | | | || whole | | | | || of | employment) | amendment | act, | 1988 || 1988 | | | | || 36 | | | | || the | | | | || food | | | | || corporations | | | | || (amendment) | | | | || act, | | | | || 1988 | | | | || the | | | | || whole | | | | |1988 38 the alcock ashdown company limited (acquisition of the whole undertakings) amendment act, 1988 1988 42 the arms (amendment) act, 1988 the whole 1988 43 the national security (amendment) act, 1988 the whole 1988 46 the prevention of micit traffic in narcotic drugs and section 15 psychotropic substances act, 1988 1988 49 the prevention of corruption act, 1988 section 31, 1988 50 the aircraft (amendment) act, 1988 the whole 1988 52 the state of arunachal pradesh (amendment) act, 1988 the whole 1988 53 the water (prevention and control of pollution) the whole amendment act, 1988 1988 55 the merchant shipping (amendment) act, 1988 the whole 1988 56 the dock workers (regulation of employment) the whole amendment act, 1988 1988 57 the delhi rent control (amendment) act, 1988 the whole 1988 60 the salary, allowances and pension of members of the whole parliament (amendment) act, 1988 1988 61 the maternity benefit (amendment) act, 1988 the whole 1988 62 the monopolies and restrictive trade practices the whole (amendment) act, 1988 1988 63 the commissions of inquiry (amendment) act, 1988 the whole 1988 66 the banking, public financial institutions and negotiable the whole instruments laws (amendment) act, 1988 1988 69 the forest (conservation) amendment act, 1988 the whole 1989 1 the representation of the people (amendment) act, 1988 the whole 1989 2 the narcotic drugs and psychotropic substances the whole (amendment) act, 1988 1989 10 the delhi muncipal laws (amendment) act, 1989 the whole 1989 11 the income-tax (amendment) act, 1989 the whole 1989 15 the chandigarh disturbed areas(amendment) act, 1989 the whole 1989 16 the terrorist and disruptive activities (prevention) the whole amendment act, 1989 1989 17 the union duties of excise (distribution) amendment the whole act, 1989 1989 18 the additional duties of excise (goods of special the whole importance) amendment act, 1989 1989 20 the central industrial security force (amendment) act, 1989 the whole 1989 21 the representation of the people (amendment) act, 1989 sections 2 to 5 1989 25 the delhi motor vehicles taxation (amendment) act, 1989 the whole 1989 29 the employees' state insurance (amendment) act, 1989 sections 2 to 8, 10 to 44, 46 and 47 1989 30 the salary, allowances and pension of members of the whole parliament (amendment) act, 19891989 31 the working journalists and other newspaper employees the whole (conditions of service) and miscellaneous provisions (amendment) act, 1989 1989 32 the high court and supreme court judges (conditions the whole of service) amendment act, 1989 , 1989 35 the nagaland university act, 1989 section 48, 1989 37 the warehousing corporations (amendment) act, 1989 the whole 1989 38 the general insurance business (nationalisation) the whole amendment act, 1989 1989 39 the small industries development bank of india act, 1989 section 53 and the second schedule 1989 40 the customs (amendment) act, 1989 the whole 1990 2 the representation of the people (amendment) act, 1989 the whole 1990 9 the criminal law amendment (amending) act, 1990 the whole 1991 10 the code of criminal procedure (amendment) act, 1990 the whole 1990 13 the union duties of excise (distribution) amendment the whole act, 1990 1990 14 the additional duties of excise (goods of special the whole importance) (amendment) act, 1990 1990 16 the president's emoluments and pension (amendment) the whole act, 1990 1990 17 the salaries and allowances of officers of parliament the whole (amendment) act, 1990 1990 18 the gold (control) repeal act, 1990 the whole 1990 19 the commissions of inquiry (amendment) act, 1990 the whole 1990 26 the prevention of illicit traffic in narcotic drugs and psychotropic substances (amendment) act, 1990 the whole 1990 27 the conservation of foreign exchange and prevention of the whole smuggling activities (amendment) act, 1990 1991 1 the cantonments (amendment) act, 1991 the whole 1991 7 the salary and allowances of leaders of opposition in the whole parliament (amendment) act, 1991 1991 8 the reserve bank of india (amendment) act, 1991 the whole 1991 9 the reserve bank of india (second amendment) act, 1991 the whole 1991 10 the jammu and kashmir criminal law amendment the whole (amending) act, 1991 ; 1991 31 the representation of the people (amendment) act, 1991 the whole 1991 32 the delhi municipal laws (amendment) act, 1991 the whole 1991 33 the jammu and kashmir criminal law amendment (second the whole amending) act, 1991 1991 34 the consumer protection (amendment) act, 1991 sections 2, 3 and 4 1991 35 the terrorist and disruptive activities (prevention) the whole amendment act, 19911991 38 the cancellation of general elections in punjab act, 1991 the whole 1991 40 the central excises and customs laws (amendment) the whole act, 1991 1991 42 the places of worship (special provisions) act, 1991 section 8 1991 43 the code of criminal procedure (amendment) act, 1991 the whole 1991 44 the wild life (protection) amendment act, 1991 sections 2 to 21, 23 to 29, clauses (i) and (iii) of section 30 —=—s and sections 31 : to 52 1991 47 the voluntary deposits immunities and exemptions) section 5 act, 1991 1991 48 the special protection group (amendment) act, 1991 the whole 1991 50 the electricity laws (amendment) act, 1991 the whole 1991 51 the indian succession (amendment) act, 1991° the whole 1991 53 the water (prevention and control of pollution) cess the whole (amendment) act, 1991 1991 54 the banking regulation (amendment) act, 1991 the whole 1991 55 the customs (amendment) act, 1991 the whole 1991 56 the tea companies (acquisition and transfer of sick tea the whole units) amendment act, 1991 1991 57 the sick industrial companies (special provisions) the whole amendment act, 1991 1991 58 the monopolies and restrictive trade practices the whole (amendment) act, 1991 1991 59 the family courts (amendment) act, 1991 the whole 1991 60 the delhi high court (amendment) act, 1991 section 3 1992 1 the government of national capital territory of delhi section 55 act, 1991 1992 2 the representation of the people (amendment) act, 1992 the whole 1992 11 the public liability insurance (amendment) act, 1992 the whole 1992 12 the destructive insects and pests (amendment and section 2 validation) act, 1992 1992 13 the copyright (amendment) act, 1992 section 2 1992 14 the indian red cross society (amendment) act, 1992 the whole 1992 15 the securities and exchange board of india act, 1992 section 33 and the schedule 1992 20 the parliament (prevention of disqualification) amendment the whole act, 1992 1992 21 the jammu and kashmir state legislature (delegation of the whole powers) act, 1992 1992 23 the indian ports (amendment) act, 1992 the whole| 1 | 2 | 3 | 4 ||-------------------|-------------|-------------|----------------|| 1992 | | | || 24 | | | || the | | | || bhopal | | | || gas | | | || leak | | | || disaster | | | || (processing | | | || of | | | || claims) | | | || the | | | || whole | | | || amendment | act, | 1992 | || 1992 | | | || 26 | | | || the | | | || capital | | | || issues | | | || (control) | | | || repeal | | | || act, | | | || 1992 | | | || the | | | || whole | | | || 1992 | 28 | the foreign | exchange || act, | 1992 | | || 1992 | 36 | the | banking || undertakings) | amendment | act, | 1992 || 1992 | 37 | the | army || 1992 | 38 | the | representation || 1992 | 39 | the | citizenship || 1993 | 1 | the | national || 1993 | 3 | the | salary, || parliament | (amendment) | act, | 1992 || 1993 | 4 | the | oilfields || act, | 1993 | | || 1993 | 5 | the | himachal || powers) | act, | 1993 | || 1993 | 8 | the | uttar || act, | 1993 | | || 1993 | 9 | the | madhya || powers) | act, | 1993 | ' || 1993 | 10 | the | rajasthan || act, | 1993 | | || 1993 | 26 | the wild | life || 1993 | 28 | the | multimodal || (amendment) | act, | 1993 | and || schedule | | | || 1993 | 29 | the | foreign || 1993 | 30 | the | dentists || 1993 | 31 | the | indian || 1993 | 34 | the | essential || amendment | act, | 1993 | || 1993 | 35 | the | passports || 1993 | 37 | the | cine-workers || 1993 | 40 | the | code || (amendment) | act, | 1993 | || 1993 | 42 | the | criminal || 1993 | | | || 43 | | | || the | | | || terrorist | | | || and | | | || disruptive | | | || activities | | | || the | | | || whole | | | || (prevention) | amendment | act, | 1993 || 1993 | | | || 47 | | | || the | | | || coal | | | || mines | | | || (nationalisation) | | | || the | | | || whole | | | || amendment | act, | 1993 | || 1993 | | | || 48 | | | || the | | | || salary, | | | || allowances | | | || and | | | || pension | | | || of | | | || the | | | || whole | | | || members | of | parliament | (améndment) || 1993 | | | || 49 | | | || the | | | || betwa | | | || river | | | || board | | | || (amendment) | | | || act, | | | || 1993 | | | || sections | | | || 2 | | | || and | 3 | | || | | | | 1 | 2 | 3 | 4 ||---------------|---------------|-------------|--------------|-------------|-------------|-------------------|-------------|| 1993 | 50 | the | consumer | protection | (amendment) | the | whole || act, | 1993 | | | | | | || 1993 | 52 | the | conservation | of | foreign | exchange | and || smuggling | activities | (amendment) | act, | 1993 | | | || 1993 | 53 | the | prevention | of | mlicit | traffic | in || psychotropic | substances | (amendment) | act, | 1993 | | | || 1993 | 54 | the | parliament | (prevention | of | disqualification) | the || amendment | act, | 1993 | | | | | || 1993 | 66 | the | extradition | (amendment) | act, | 1993 | the || 1993 | 67 | the | delhi | municipal | corporation | (amendment) | act, || 1993 | 68 | the | merchant | shipping | (amendment) | act, | 1993 || 1993 | 70 | the | advocates | (amendment) | act, | 1993 | the || 1993 | 71 | the | president's | emoluments | and | pension | (amendment) || act, | 1993 | | | | | | || 1993 | | | | | | | || 72 | | | | | | | || the | | | | | | | || supreme | | | | | | | || court | | | | | | | || judges | | | | | | | || (conditions | | | | | | | || of | | | | | | | || service) | | | | | | | || the | | | | | | | || whole | | | | | | | || amendment | act, | 1993 | | | | | || 1994 | | | | | | | || 1 | | | | | | | || the | | | | | | | || governors | | | | | | | || (emoluments, | | | | | | | || allowances | | | | | | | || and | | | | | | | || privileges) | | | | | | | || the | | | | | | | || whole | | | | | | | || amendment | act, | 1993 | | | | | || 1994 | | | | | | | || 2 | | | | | | | || the | | | | | | | || high | | | | | | | || court | | | | | | | || and | | | | | | | || supreme | | | | | | | || court | | | | | | | || judges | | | | | | | || (condition | | | | | | | || of | | | | | | | || the | | | | | | | || whole | | | | | | | || service) | amendment | act, | 1993 | | | | || 1994 | | | | | | | || 3 | | | | | | | || the | | | | | | | || state | | | | | | | || bank | | | | | | | || of | | | | | | | || india | | | | | | | || (amendment) | | | | | | | || act, | | | | | | | || 1993 | | | | | | | || the | | | | | | | || whole | | | | | | | || 1994 | | | | | | | || 4 | | | | | | | || the | | | | | | | || chief | | | | | | | || election | | | | | | | || commissioner | | | | | | | || and | | | | | | | || other | | | | | | | || the | | | | | | | || whole | | | | | | | || election | commissioners | (conditions | of | | | | || service} | amendment | act, | 1993 | | | | || 1994 | | | | | | | || 7 | | | | | | | || the | | | | | | | || public | | | | | | | || premises | | | | | | | || (eviction | | | | | | | || of | | | | | | | || unauthorised | | | | | | | || occupants) | | | | | | | || the | | | | | | | || whole | | | | | | | || amendment | act, | 1993 | | | | | || 1994 | | | | | | | || 8 | | | | | | | || the | | | | | | | || inland | | | | | | | || waterways | | | | | | | || authority | | | | | | | || of | | | | | | | || india | | | | | | | || (amendment) | | | | | | | || the | | | | | | | || whole | | | | | | | || act, | 1993 | | | | | | || 1994 | | | | | | | || 9 | | | | | | | || the | | | | | | | || jute | | | | | | | || manufacturers | | | | | | | || development | | | | | | | || council | | | | | | | || (amendment) | | | | | | | || the | | | | | | | || whole | | | | | | | || act, | 1993 | | | | | | || 1994 | | | | | | | || 11 | | | | | | | || the | | | | | | | || census | | | | | | | || (amendment) | | | | | | | || act, | | | | | | | || 1993 | | | | | | | || the | | | | | | | || whole | | | | | | | || 1994 | | | | | | | || 12 | | | | | | | || the | | | | | | | || sick | | | | | | | || industrial | | | | | | | || companies | | | | | | | || (special | | | | | | | || provisions) | | | | | | | || amendment | | | | | | | || the | | | | | | | || whole | | | | | | | || act, | 1993 | | | | | | || 1994 | | | | | | | || 20 | | | | | | | || the | | | | | | | || banking | | | | | | | || regulation | | | | | | | || (amendment) | | | | | | | || act, | | | | | | | || 1994 | | | | | | | || the | | | | | | | || whole | | | | | | | || 1994 | | | | | | | || 23 | | | | | | | || the | | | | | | | || coffee | | | | | | | || (amendment) | | | | | | | || act, | | | | | | | || 1994 | | | | | | | || y | | | | | | | || the | | | | | | | || whole | | | | | | | || 1994 | | | | | | | || 24 | | | | | | | || the | | | | | | | || special | | | | | | | || court | | | | | | | || (trial | | | | | | | || of | | | | | | | || offences | | | | | | | || relating | | | | | | | || to | | | | | | | || transactions | | | | | | | || the | | | | | | | || whole | | | | | | | || in | securities) | amendment | act, | 1994 | | | || 1994 | | | | | | | || 25 | | | | | | | || the | | | | | | | || mines | | | | | | | || and | | | | | | | || minerals | | | | | | | || (regulation | | | | | | | || and | | | | | | | || development) | | | | | | | || the | | | | | | | || whole | | | | | | | || amendment | act, | 1994 | | | | | || 1994 | | | | | | | || 28 | | | | | | | || the | | | | | | | || railways | | | | | | | || (amendment) | | | | | | | || act, | | | | | | | || 1994 | | | | | | | || the | | | | | | | || whole | | | | | | | || 1994 | | | | | | | || 33 | | | | | | | || the | | | | | | | || rubber | | | | | | | || (amendment) | | | | | | | || act, | | | | | | | || 1994 | | | | | | | || the | | | | | | | || whole | | | | | | | || 1994 | | | | | | | || 34 | | | | | | | || the | | | | | | | || payment | | | | | | | || of | | | | | | | || gratuity | | | | | | | || (amendment) | | | | | | | || act, | | | | | | | || 1994 | | | | | | | || the | | | | | | | || whole | | | | | | | || 1994 | | | | | | | || 35 | | | | | | | || the | | | | | | | || institutes | | | | | | | || of | | | | | | | || technology | | | | | | | || (amendment) | | | | | | | || act, | | | | | | | || 1994 | | | | | | | || the | | | | | | | || whole | | | | | | | || 1994 | | | | | | | || 36 | | | | | | | || the | | | | | | | || press | | | | | | | || council | | | | | | | || (amendment) | | | | | | | || act, | | | | | | | || 1994 | | | | | | | || the | | | | | | | || whole | | | | | | | || 1994 | | | | | | | || 37 | | | | | | | || the | | | | | | | || banking | | | | | | | || companies | | | | | | | || (acquisition | | | | | | | || and | | | | | | | || transfer | | | | | | | || of | | | | | | | || the | | | | | | | || whole | | | | | | | || undertakings) | | | | | | | || amendment | | | | | | | || act, | | | | | | | || 1994 | | | | | | | || | | | | | 1 | 2 | 3 | 4 ||-------------------|-------------|--------------------|-------------|-------------|-------------------|-------------|-------------|--------|| 1994 | 38 | the | copyright | (amendment) | act, | 1994 | the | whole || 1994 | 39 | the anti-hijacking | (amendment) | act, | 1994 | the | whole | || 1994 | 40 | the | suppression | of | unlawful | acts | against | safety || aviation | (amendment) | act, | 1994 | | | | | || 1994 | 41 | the | coir | industry | (amendment) | act, | 1994 | the || 1994 | 51 | the | comptroller | and | auditor-general's | (duties, | powers | and || conditions | of | service) | amendment | act, | 1994 | | | || 1994 | 54 | the | motor | vehicles | (amendment) | act, | 1994 | the || 1994 | 55 | the | airports | authority | of | india | act, | 1994 || 1994 | 59 | the | legal | services | authorities | (amendment) | act, | 1994 || 1995 | 1 | the | contingency | fund | of | india | (amendment) | act, || 1995 | 4 | the | special | protection | group | (amendment) | act, | 1995 || 1995 | | | | | | | | || 5 | | | | | | | | || the | | | | | | | | || industrial | | | | | | | | || development | | | | | | | | || bank | | | | | | | | || of | | | | | | | | || india | | | | | | | | || (amendment) | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || act, | 1995 | | | | | | | || 1995 | | | | | | | | || 6 | | | | | | | | || the | | | | | | | | || customs | | | | | | | | || tariff | | | | | | | | || (amendment) | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || 1995 | | | | | | | | || 8 | | | | | | | | || the | | | | | | | | || banking | | | | | | | | || companies | | | | | | | | || (acquisition | | | | | | | | || and | | | | | | | | || transfer | | | | | | | | || of | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || undertakings) | amendment | act,, | 1995 | | | | | || 1995 | | | | | | | | || 9 | | | | | | | | || the | | | | | | | | || securities | | | | | | | | || laws | | | | | | | | || (amendment) | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || 1995 | | | | | | | | || 18 | | | | | | | | || the | | | | | | | | || salary, | | | | | | | | || allowances, | | | | | | | | || and | | | | | | | | || pension | | | | | | | | || of | | | | | | | | || members | | | | | | | | || of | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || parliament | (amendment) | act, | 1995 | | | | | || 1995 | | | | | | | | || 19 | | | | | | | | || the | | | | | | | | || cotton | | | | | | | | || transport | | | | | | | | || repeal | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || 1995 | | | | | | | | || 24 | | | | | | | | || the | | | | | | | | || indian | | | | | | | | || penal | | | | | | | | || code | | | | | | | | || (amendment) | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || 1995 | | | | | | | | || 25 | | | | | | | | || the | | | | | | | | || assam | | | | | | | | || university | | | | | | | | || (amendment) | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || 1995 | | | | | | | | || 26 | | | | | | | | || the | | | | | | | | || national | | | | | | | | || highways | | | | | | | | || (amendment) | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || 1995 | | | | | | | | || 28 | | | | | | | | || the | | | | | | | | || recovery | | | | | | | | || of | | | | | | | | || debts | | | | | | | | || due | | | | | | | | || to | | | | | | | | || banks | | | | | | | | || and | | | | | | | | || financial | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || institutions | (amendment) | act, | 1995 | | | | | || 1995 | | | | | | | | || 29 | | | | | | | | || the | | | | | | | | || maternity | | | | | | | | || benefit | | | | | | | | || (amendment) | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || 1995 | | | | | | | | || 30 | | | | | | | | || the | | | | | | | | || workmen's | | | | | | | | || compensation | | | | | | | | || (amendment) | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || 1995 | | | | | | | | || 31 | | | | | | | | || the | | | | | | | | || union | | | | | | | | || duties | | | | | | | | || of | | | | | | | | || excise | | | | | | | | || (distribution) | | | | | | | | || amendment | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || act, | 1995 | | | | | | | || 1995 | | | | | | | | || 32 | | | | | | | | || the | | | | | | | | || additional | | | | | | | | || duties | | | | | | | | || of | | | | | | | | || excise | | | | | | | | || (goods | | | | | | | | || of | | | | | | | | || special | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || importance) | amendment | act, | 1995 | | | | | || 1995 | | | | | | | | || 34 | | | | | | | | || the | | | | | | | | || payment | | | | | | | | || of | | | | | | | | || bonus | | | | | | | | || (amendment) | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || 1995 | | | | | | | | || 38 | | | | | | | | || the | | | | | | | | || indian | | | | | | | | || statistical | | | | | | | | || institute | | | | | | | | || (amendment) | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || 1995 | | | | | | | | || 40 | | | | | | | | || the | | | | | | | | || sick | | | | | | | | || textile | | | | | | | | || undertakings | | | | | | | | || (nationalisation) | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || amendment | act, | 1995 | | | | | | || 1995 | | | | | | | | || 41 | | | | | | | | || the | | | | | | | | || national | | | | | | | | || commission | | | | | | | | || for | | | | | | | | || minorities | | | | | | | | || (amendment) | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || act, | 1995 | | | | | | | || 1995 | | | | | | | | || 45 | | | | | | | | || the | | | | | | | | || research | | | | | | | | || and | | | | | | | | || development | | | | | | | | || cess | | | | | | | | || (amendment) | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || 1996 | | | | | | | | || 1 | | | | | | | | || the | | | | | | | | || persons | | | | | | | | || with | | | | | | | | || disabilities | | | | | | | | || (equal | | | | | | | | || opportunities, | | | | | | | | || section | | | | | | | | || 74 | | | | | | | | || protection | | | | | | | | || of | | | | | | | | || rights | | | | | | | | || and | | | | | | | | || full | | | | | | | | || participation) | | | | | | | | || act, | | | | | | | | || 1995 | | | | | | | | || 1996 | | | | | | | | || 2 | | | | | | | | || the | | | | | | | | || uttar | | | | | | | | || pradesh | | | | | | | | || state | | | | | | | | || legislature | | | | | | | | || (delegation | | | | | | | | || of | | | | | | | | || powers) | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || act, | 1995 | | | | | | | || 1996 | | | | | | | | || 15 | | | | | | | | || the | | | | | | | | || conservation | | | | | | | | || of | | | | | | | | || foreign | | | | | | | | || exchange | | | | | | | | || and | | | | | | | | || prevention | | | | | | | | || of | | | | | | | | || the | | | | | | | | || whole | | | | | | | | || smuggling | | | | | | | | || activities | | | | | | | | || (amendment) | | | | | | | | || act, | | | | | | | | || 1996 | | | | | | | | |1996 16 the prevention of illicit traffic in narcotic drugs and the whole psychotropic substances (amendment) act, 1996 1996 20 the supreme court and high court judges (conditions of the whole service) amendment act, 1996 1996 21 the representation of the people (amendment) act, 1996 the whole 1996 22 the depositories act, 1996 section 30 and the schedule 1996 23 the coal mines provident fund and miscellaneous provisions the whole (amendment) act, 1996 1996 24 the industrial disputes (amendment) act, 1996 the whole 1996 25 the employees provident funds and miscellaneous the whole provisions (amendment) act, 1996 , 1996 29 the representation of the people (second amendment) the whole act, 1996 1996 34 the working journalists and other newspaper employees the whole (conditions of service) and miscellaneous provisions (amendment) act, 1996 1996 35 the income-tax (amendment) act, 1996 the whole 1996 36 the delhi development (amendment) act, 1996 the whole: 1997 1 the indian contract (amendment) act, 1996 the whole 1997 4 the apprentices (amendment) act, 1996 the whole 1997 5 the companies (amendment) act, 1996 the whole 1997 6 the special court (trial of offences relating to the whole transactions in securities) amendment act, 1997 1997 7 the industrial reconstruction bank (transfer of undertakings section 14 and repeal) act, 1997 1997 8 the depositories related laws (amendment) act,, 1997 the whole 1997 14 the income-tax (amendment) act, 1997 the whole 1997 15 the port laws (amendment) act, 1997 the whole 1997 16 the national highways law (amendment) act, 1997 the whole 1997 18 the national commission for safai karamcharis the whole (amendment) act, 1997 1997 23 the reserve bank of india (amendment) act, 1997 the whole : 1997 28 the rice-milling industry (regulation) repeal act, 1997 the whole 1997 29 the seamen's provident fund (amendment) act, 1997 the whole 1997 32 the indira gandhi national open university (amendment) the whole act, 1997 ' 1997 35 the presidential and vice-presidential elections the whole (amendment) act, 1997 1998 4 the contingency fund of india (amendment) act, 1998 the whole 1998 7 the income-tax (amendment) act, 1998 the whole 1998 9 the merchant shipping (amendment) act, 1998 the whole| 1 | 2 | 3 | 4 ||---------------|-------------|------------|----------------|| 1998 | | | || 10 | | | || the | | | || employees' | | | || provident | | | || funds | | | || and | | | || miscellaneous | | | || the | | | || whole | | | || provisions | (amendment) | act, | 1998 || 1998 | 11 | the | payment || 1998 | 12 | the | representation || 1998 | 18 | the | high || (conditions | of | service) | amendment || 1998 | 22 | the | electricity || 1998 | 23 | the | interest || and | ancillary | industrial | undertakings || 1998 | 24 | the | beedi || 1998 | 25 | the | president's || act, | 1998 | | || 1998 | 26 | the | salaries || (amendment) | act, | 1998 | || 1998 | 27 | the | governors || amendment | act, | 1998 | || 1998 | 28 | the | salary, || parliament | (amendment) | act, | 1998 || 1998 | 29 | the | oil || amendment | act, | 1998 | | the second schedule (see section 3)amendments year no short title amendments 1 2 3 4 1925 39 the indian in schedule ij, in part ii, in entry (6), for the words succession act, 1925 "grandparents' children", the words "'grandparent's parents' children" shall be substituted 1974 2 the code of in the first schedule, for the entries relating to criminal procedure, section 377, the following entries shall be 1973 substituted, namely:— 1 2 3 4 5 6 "377 unnatural imprisonment for cognizable non- magistrate of offences _ life, or imprisonbailable the first class" ment for ten years and fine statement of objects and reasonsthis bill is one of those periodical measures by which enactments which have ceased to be in force or have become obsolete or the retention whereof as separate acts is unnecessary are repealed or by which the formal defects detected in enactments are corrected 2 the notes which follow,' explain the reasons for the amendments suggested in such of those items of the bill in respect whereof some detailed explanation is necessary 3 clause 4 of the bill contains a precautionary provision which it is usual to include in the bill of this kind new delhi the 8th december, 1999 ram jethmalani notes on the second schedulethe indian succession act, 1925 (39 of 1925),— the amendment proposed to the act seeks to rectify a patent error 2 the code of criminal procedure, 1973 (act 2 of 1974),-~ the amendment proposed to the act seeks to rectify a mistake that had inadvertently crept in at the time of amendment of the code in 1983,

Parliament_bills

14145518-85cf-5a34-9eb3-a1318efa7cfd

the deliu (control of building " operations) bill, 1955(as lntltoducbd ~n lok sabra) bill, 1955 (as introduced in lok sabra) a billx of ib91 to provide for the control of building operations in delhi be it enacted by parliament in the sixth year of the republic of india as follows :-1 (1) this "act may be cailed the delhi (control of operations) act, 1955 building short title, extent, commencement and duration s (2) it extends to the whole- of the state of delhi -(3) it shall be deemed to have come into force on the 22nd day of october, 1955, and s~all cease to have effect on the 1st day of january, 1957, except as respects things done or omitted to be done before such cesser of operation of this act, and section 6 of the 10 general clauses act, 1897, shall apply upon such cesser of operation as if it had then been repealed by a central act 2 in this act, unless the context otherwise requires,-definitions (a) 'amenity' includes roads, water supply, street lighting, drainage, sewerage, public parks and any other convenience is which the authority constituted under section 3 may, by notification in the official gazette, specify to be an amenity for the purposes of this act; (b) 'building' means any structure or erection or part of a structure or erection which is intended to be useo for residen-20 tiai, commercial, industrial or other purposes, whether in actual use or not; (c) 'controlled area' means any area in respect of which a declaration has been made under section 4; (d) 'delhi' except where it occurs in the expression 'state 2s of delhi', means such area in the state of delhi as the central government may, by notification in the official gazette, specify; (e) 'development', with its grammatical variations and cognate expressions, means the carrying out of building, engineering, mining or other operations in, on, over or under 30 land or the making of any material change in any buildings or land; , (f) 'prescribed' means prescribed by regulations made under this act;" punjab act 5 iii of 1911 10 (g) 'to erect' in relation to any building has the same meaning as the expression 'to erect or re-erect' in clause (5) of section 3 of the punjab municipal act, 1911 r;:o pelhi 3 (1) the central government shall, as soon as may be after pro':1t:i't the commencement of this act, constitwte for t11e purposes of authority this act an authority to be called the delhi development provisional authority (hereafter in this act referred to as the authority) (2) the authority shall consist of the following members, namely:-i (a) the chief commissioner of the state of delhi, ex-officio, who shall be the chairman of the authority; (b) three representatives of the central government to be is nominated by that government, one from the ministry of finance, one from the ministry of health and one from the-ministry of works, housing and supply; (c) two representatives of the delhi state government to be nominated by that government; 20 cd) the president of the new delhi municipal committee er-c:ifficio; (e) the president of the delhi municipal committee, e:r-oj1icio ; (f) the chairman of the delhi improvement trust, 25 ez-ofjicio; (3) the number of members necessary to form a quorum and the procedure to be followed by the authority in the conduct of its business shall be such as may be prescribed (4) the functions of the authority may be exercised notwith- 3g standing any vacancy therein (5) the chairman of the delhi improvement trust besides being a member of the authority shall also be the secretary thereof; and the central government spall provide the authority with' such clerical and other staff as that government considers necessary 3' (6) all action taken by the authority shall be expressed to be taken in -the name of the authority; and orders and other instruments made and executed in the name of the authority shall be authenticated in such manner as may be prescribed and the validity of an order or instrument which is so authenticated shall not be 40 called in question on the ground that it is not an order or instrument made or executed by the authority 4 if, in the qpinion of the authority, any area within delhi declaratiaa requires to be controlled under this act with a view to the of controued prevlention of bad laying out of land; haphazard erection of buildings area or growth of sub-standard colonies or with a view to the develop-'jilent and expansion of delhi according to proper planning, it may, by notification in the official gazette, declare the area to be a controlled area - 5 the authority may, by notification in the official gazette, issue power 'to in relation to any controlled area such directions as may be con- i~lue ~ 10 sidered necessary regarding anyone or more of the following =-:3 relmatters, namely:-controlled area •• (a) the division of any site into plots for the erection of buildings and the manner in which such plots may be allotted to intending purchasers or lessees; 15 (b) the allotment or reservation of land for roads, open spaoes, gardens, recreation grounds, schools, markets and other public purposes; (c) the development of any site into a townshdp or colony and the restrictions and conditions subject to which such develop-20 ment may be undertaken or carried out; (d) the enection of buildings on any site and the restrictions and conditions in regard to the open spaces to be maintained in or around buildings and the height and character of buildings; (e) the alignment of buildings ·on any site; (f) the architectural features qf the elevation or frontage of any building to be erected on any site; (g) the number of residential buildings which may be rected on any site; 30 (h) the amenities to be provided in relation to any site or buildings on such site whether before or after the erection of buildings and the person or authority by whom such amenities are to be provided; 35 (i) the prohibition or restrictions regarding erection of shops, workshops, warehouses or factories or buildings of a specified: architectural feature or buildings designed for particular purposes in any locality; (j) the maintenance of walls, fences, hedges or any other structural or architectural construction and the height at whieh they shall be maintained: (k) the restrictions regarding the use of any site for purposes other than the erection of buildings; (l) any other matter which is necessary for the proper planning of any controlled area and for preventing buildings being erected haphazardly in such area control of 6 no person shall undertake or carry out the development of develo~m~nt any site in any controlled area or erect any building or make dt 5 and bulldmg ' operations extend any excavation ot: layout any means of access to a road in in controlled such area except in accordance with the directions, if any, issued areas under section 5 and with the previous permission of the authority in writing applicatiol 7 (1) every person desiring to obtain the permission referred 10 ~i~l~rmi8 to in section 6 shall make an application in writing to the authority in such form and containing such information as may be prescribed in respect of the development, building, excavation or means of access to which the application relates (2) on receipt of such application the authority, after making 15 such enquiry as it considers necessary in relation to any direction which may have been issued under section 5 or in relation to any other matter, shall, by order in writing, eith~r grant the permission, subject to such conditions, if any, as may be specified in the order or refuse to grant such permission 20 (3) where permission is refused, the grounds of such refusal shall be communicated to the applicant in the prescribed manner 8 the authority may authorise any person to enter into or upon any site or building with or without assistants or workmen for the powers of (jury on buildinas or land p~ose of-25 (a) making any enquiry, inspection, measurement or survey or taking levels of such site or buildings; (b) examining works under construction or ascertaining the course of sewers or drains; (e) ascertaining whether any site is being or has 'been 30 developed or any building is being or has been erected in contravention of any direction issued under section 5 or without the permission referred to in section 6 or in contravention of any condition subject to which such permission has been granted: 35 provided that no entry shall be made except between the hours of sun-rise and sun-set and without giving not less than twentyfour hoth's written notice to the occupier, or if there be no occupier, to tbe o~r of the building or land pcoaltiel 9 (1) any person who undertakes or carries out the develop- 40 ment of any site or erects any building or makes or' extends any excavation or lays out any means of access to a road in contravention of any direction issued under section 5 or without the permission referred to in section 6 or in contravention of any condition subject to which such permission has been grant,ed shall be punishable with fine which may extend to ten thousand rupees and in the case of a continuing offence, with a further fine which may s extend to five hundred rupees for every day during which such offence continues after conviction for the first commission of the - offence: (2) any person who obstructs the entry of a person authorised under section 8 to enter into or upon any building or land or molests 10 such person after such entry shall be punishable with fine which may extend to one thousand rupees (3) if the person committing an offence under this act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the con-15 duct 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 20 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 (4) notwithstanding anything contained in sub-section (3), where an offence under this act has been committed by a 25 company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director or manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable 30 to be proceeded against and punished accordingly explanation-for the purposes of this section,-(a) 'company' means a body corporate and includes a firm or other association of individuals; and (b) 'director' in relation to a firm means a partner in the firm 35 10 where the erection of any building has been commenced or order of b· ·ed h bit d t t· f ny demolition is emg carri on or as een comp e e m con raven ion 0 a of buildings direction issued under section 5 or without the permission referred in certain to in section 6 or in contravention of any condition subject to which cases 40 such permission has been granted, the authority may, in addition to any prosecution that may be instituted under this act, make an order directing that such erection shall be demolished by the owner thereof within su!h period not exceeding two months as 5 jurisdiction of col:rts may be specified in the order, and on the failure of the owner to comply with the order the authority may itself cause the erection to be demolished and the expenses of such demolition shall be recoverable from the owner in the same manner as an arrear of land revenue: provided that no such order shall be made unless the owner has been given an opportunity of being heard 11 no court inferior to that of a magistrate of the first class shall try an offence punishable under this act previo\'s 12 no prosecution for any offence punishable under this act 10 s~nc~onhof shall be instituted except with the previous sanction of the au-~i~ oru~fficer thority or an officer authorised by the authority in this behalf authorised by it for prosecution magistrate's {':lwer to impose enhanced penalties power to delegate 13 notwithstanding anything contained in section 32 of the code of criminal procedure, 1898, it shall be lawful for any court of a magistrate of the first class to pass any sentence authorised by 15 this act, in excess of its powers under the said section 14 the authority may, by notification in the official gazette, direct that any power exercisable by it under this act may also be exercised in such cases and subject to such conditions, if any, as may be specified in the notification, by such officer as may 20 be mentioned therein 15 any order made under sub-e:'!ction (2) of section 7 refusing or granting any permission shall be final and shall not be questioned in any court : orders grantkg or refusing permission to be final - provided that where the power exercisable under sub-section (2) 25 of section 7 has been delegated to any officer referred to in section 14, an-y person aggrieved by an ord~r of such officer may, within thirty days from the date of such order, prefer an appeal to the authority; and the order of the authority on appeal shall be final and shall not be questioned in any court 30 protection 16 no suit, prosecution or other legal proceeding shall lie against of action -taken ;n any persop for anything which is in good faith done or intended to good faith be done under this act or the regulations made thereunder bpft'e~ of of 17 the 'provisions of this act shall have effect notwitlrrovlslons d' h" h ' the act instan 109 anyt 109 loconsistent t erewlth contained in any other 3s consistent law with other - laws sa "ings 18 nothing in this act shall apply to-(a) the carrying' out of works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not 40 materially affect the external appearance of the building j (b) the carrying out by any local authority in the state of delhi or the delhi improvement trust or any department of the central government or of the delhi state government of any works for the purpose of inspecting, repairing, or renewing any sewers, mains pipes, cables or other apparatus, including the breaking open of any street or other land for that purpose; 10 (c) the erection of a building, not being a dwelling house if such building is required for the purposes subservient to agriculture; (d) the erection of buildings upon land included in the inhabited site of any village as defined in revenue records; (e) the erection of a place of worship or a tomb or cenotaph or of a wall enclosing a graveyard, place of worsh~p, cenotaph or samadhi, on land which at the commencement of this act is occupied by or for the purposes of such place of worship, tomb, cenotaph, graveyard or samadhi; (f) excavations (including wells) made in the ordinary course d agricultural operations; - 20 (g) the construction of unmetalled road intended to give' access to land solely for agricultural purposes 19 (1) the authority, with the previous approval of the central :~;~~_ government, may, by notification in the official gazette, make regu- lations lations to carry out the pur'poses of this act: 25 provided that the central government may make the first regulations under this section and any regulation so made may be altered or rescinded by the authority in exercise of the powers conferred by this section (2) in particular and without prejudjce to the generality of the 30 foregoing power, such regulations may provide for all or any of the following matters, namely:-35 (a) the summoning and holding of meetings of the authority, the time and place where such meetings are to be beld, the procedure to be followed by the authority, the conduct of all business to be transacted by the authority and the number of members necessary to form a quorum; (b) the manner of authentication of orders and other instruments of the authority; (c) the form in which an application under sub-section (1) 40 of section 7 shall be made and the information to be furnished in such application; (d) the regulation of the laying out of means of access to roads; (e) the principles under which applications for permission under this act may be granted; (f) the officers to whom powers may be delegated under section 14; (g) any other matter which has to be, or may be, prescribed s (3) all regulations made under this act shall, as soon as may be after they are made, be laid before both houses of parliament 20 the delhi (control of building operations) ordinance, 1955 is hereby repealed repeal of ordinance 5 of 1955 statement of'objects and reasonswith a view to the speedy and efficient handling of the land and housing problem in delhi, it is proposed that there should be a single authority to deal with the planning and dev~lo(pment of the urban area of delhi instead of the' existing multiple auth~ri­ties operating in the field the constitution of- such an authority is, however, likely to take some time as the legislation for the purpose will be an involved one meanwhile, large number of buildings were being put up in a haphazard way in and around delhi and none of ·the existing authorities had necessary legal powers to check, control or regulate th&e building activities as such large scale and haphazard construction would give rise to additional slums in the capital which would ultimately constitute a potential danger to the health of the citizens and spoil the architectural layout of the city, the delhi (control of building operations) ordinance 1955 (5 of 1955) was promulgated on the 22nd october, 1955 under the provisions of this ordinance the delhi development provisional authority has been constituted to prevent haphazard construction the present bill seeks to enact the provisions of the said ordinance as an act of parliament amrit kaur , new delhi; the 25th november, 1955 the bill involves expenditure to the central government on account of the staff and contingencies of the delhi development provisional authority,· the constitution of which is provided for udder clause30f the bill according to the present rough esti--~ates, the expenditure from the consolidated fund on account of the bill is not expected to exceed rs 1,17,000/- during the year 1955-56 and rs 5 lakhs during the year 1956-57 explanatory memorandum regarding delegated _ legislationin clause 19 of the bill, it is proposed -to delegate to the delhi development provisional authority the powers to make regulations to carry out the purposes of the bill the powers proposed to be delegated to the authority relate to the various items connected with the day-to-day administration of the authority only and do not involve any important matters of policy all local bodies are generally vested with such powers for administrative convenience and with a view not to make the bill unnecessarily cumbersome, it is proposed to leave the framing of regulations to the authority itself the delegation of legislative powers is of a normal type a bill to provide for the control of building operations in delhi· 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 (rajkwnari amrit kaur, minister of health)

Parliament_bills

0348115d-8d6b-56d3-8b9c-bcd006f83005

bill no 298 of 2016 the prevention of atrocities on women bill, 2016 byshri om prakash yadav, mp a billto prevent atrocities against women in the country, to specify special courts for the trial of offences committed against women and for the relief and rehabilitation of the victims of such offences 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 prevention of atrocities on women act, 2016(2) it extends to the whole of indiashort title, extent and commencementdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of state, the government of that state and in all other cases the central government;(b) "atrocity" means an offence punishable under section 3;5(c) "code" means the code of criminal procedure, 1973; (d) "employer" means,—(i) in relation to an establishment under the control of the appropriate government, the head of the department or ministry, as the case may be;10(ii) in relation to an establishment under any local authority or local self government, the chief executive officer by whatever designation called; and(iii) in relation to other cases, the person or the authority who has the ultimate control over the affairs of the work place(e) "special court"means a court of session specified as a special court under section 7; and15(f) words and expressions used but not defined in this act and defined in code or the indian penal code shall have the meanings assigned to them respectively in the code, or, in the indian penal code, 1980, as the case may be3 (1) whoever,—punishment for offences ofatrocities20(i) makes any lewd remarks, gestures, signs or insinuations against a woman inoffice or in any public place;(ii) assaults or uses force against any woman with intent to dishonour or outrageher modesty;25(iii) forcibly removes clothes from the person of a woman or parades her nakedor with painted face or body or commits any similar act which is derogatory to human dignity;(iv) compels or entices a woman to do 'begar' or other similar forms of forced orbonded labour;(v) being in a position to dominate the will of a woman and uses that position toharass or exploit her sexually, to which she would not have otherwise agreed;30(vi) intentionally insults or intimidates with intent to humiliate a woman in anyplace within public view;(vii) institutes false, malicious or vexatious suit or criminal or other legalproceedings against a woman;35(viii) takes pictures or video of a woman without her consent or knowledge,violating her privacy;(ix) forces or compels any woman into prostitution; (x) declares any woman witch or daiyan or by any other name called;40shall be punishable with imprisonment for a term which shall not be less than two years but which may extend upto five years and with fine which may extend upto twenty-five thousand rupees (2) whoever, being a public servant, commits any offence punishable under this section, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend upto the maximum punishment provided for that offencepunishment for neglect ofduties4 whoever, being a public servant, willfully neglects his duties required to be performed by him under this act, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend upto one yearspecial court55 for the purposes of providing speedy trial, the appropriate government shall, withthe concurrence of the chief justice of high court, by notification in the official gazette, specify for each district a court of sessions to be a special court to try offences under this actprocedure to be followed by special court106 (1) where the special court is satisfied, upon a compliant or a police report that a person is likely to commit an offence under this act, it may, by order in writing, direct such person to remove himself beyond the limits of such area, within such time as may be specified in the order, and not to return to that area from which he was directed to remove himself for such period, not exceeding one year, as may be specified in the order(2) the special court shall, along with the order under sub-section (1), communicate to the person directed under that sub-section the grounds on which such order has been made15(3) the special court may revoke or modify the order made under sub-section (1), for the reasons to be recorded, on the representation made by the person against whom such order hass been made or by any other person on his behalf within thirty days from the date of the order207 whoever, contravenes an order of the special court made under section 6 shall bepunishable with imprisonment for a term which may extend to two years and with fine which may extend upto ten thousand rupeespunishment for contravention of order of special courtdeclaration of area prone to atrocities25 308 a district magistrate or a sub-divisional magistrate or any other executive magistrate or any police officer not below the rank of a deputy superintendent of police may, on receiving information and after such inquiry as he may think necessary, has reason to believe that a person or a group of persons, residing in or frequenting any place within the local limits of his jurisdiction is likely to commit an offence or has threatened to commit any offence under this act and is of the opinion that there is sufficient ground for proceeding, declare such an area to be an area prone to atrocities and take preventive action in such manner as may be prescribed9 (1) the appropriate government shall provide such relief and rehabilitation to thevictims of the atrocities under this act by framing schemes as may be notified, from time to timeappropriate government to framescheme35(2) without prejudice to the generality of the aforesaid provision, the appropriategovernment shall provide free board and lodging and medical facilities to the severely affected victims of atrocities under this act10 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds for being utilised for the purposes of this actcentral government to provide funds40power to remove difficulty11 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appears it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after the expiry of the period of threeyears from the date of commencement of this act45protection of action taken in good faith12 no suit, prosecution or other legal proceeding shall lie against the centralgovernment or against the state government or any officer or authority of government or any other persons for anything which is in good faith done or intended to be done under this actact to have overriding effect power to make rules5 1013 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 law14 (1) the central government may, by notification in this 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 successive sessions aforesaid both houses agree in making any modification in 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 reasonswomen are the most vulnerable lot of our society every now and then, women are subjected to atrocities and violence in one form or the other they are subjected to all kinds of torture which more often than not go unreported at times, the administration does not respond with the kind of agility that is required on the incidents of atrocities on women there is no dearth of incidents when women are paraded naked in many places in our country and, at time, also declared as witches or daiyans this is the worst kind of treatment given to women without any fault they are left at the mercy of their fate and no one comes to their rescue further, sexual harassment of women in work place is also very common and frequent the supreme court of india has taken this issue very seriously in the case of vishaka and others vs state of rajasthan and others [1997 (7) sec 323] the supreme court has laid down norms and guidelines to be followed by employers or other responsible persons in the work places or other institutions to prevent or deter the commission of acts of sexual harassment and also to provide the procedures for resolution, settlement or prosecution of acts of sexual harassment by taking all steps required including setting up of complaints committees for redressal of the complaint made by the victim pending the enactment of suitable legislative the national commission for women had also taken up this issue very seriously it was, however been found that the compliant committees were not formed in a number of cases women are continued to be mentally and sexually exploited and pushed into flesh trade in, 2013, the government enacted a legislation namely the sexual harassment of women at work place (prevention, prohibition and redressal) act, 2013 in order to provide protection against sexual harassment of woman at work place and for the prevention and redressal of complaint of sexual harassment etc there is however, a need for strict punishment which will serve as deterrent for others and also special courts for expeditious trial of those accused of offences committed against womenhence this billnew delhi;om prakash yadavnovember 3, 2016 financial memorandumclause 9 of the bill provides that the appropriate government shall provide relief and rehabilitation including free boarding, lodging and medical facilities to the women and children who are victims of atrocities clause 10 of the bill provides that the central government shall provide requisite funds for the purposes of this bill the expenditure relating to states shall be borne out of the consolidated funds of the state government concerned the expenditure relating to union territories shall be borne out of the consolidated fund of india the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees twenty crore per annum would involve from the consolidated fund of india a non-recurring expenditure to the tune of rupees one crore is also likely to be involved memorandum regarding delegated legislationclause 14 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to the matters of detail only, the delegation of legislative power is of a normal character———— a billto prevent atrocities against women in the country, to specify special courtsfor the trial of offences committed against women and for the relief andrehabilitation of the victims of such offences and for mattersconnected therewith or incidental thereto————(shri om prakash yadav, mp)gmgipmrnd—3273ls(s3)—29-11-2016

Parliament_bills

fc5a4178-a63f-52bc-8e55-a7f42adef770

bill no 94 of 2009 the rainwater (compulsory harvesting) bill, 2009 byshri arjun meghwal, mp a billto provide for compulsory harvesting of rainwater by every household, business establishment and government building in order to ensure availability of water and for matters connected therewith or incidental theretobe it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the rainwater (compulsory harvesting) act, 2009short title and extent(2) it extends to the union territories onlydeclaration2 it is hereby declared that it is expedient in public interest that the union government undertake measures to preserve and harvest rainwater in the country for augmenting drinking water availability in the countrydefinitions3 in this act, unless the context otherwise requires,—(a) "business establishment" includes any building which is used as an office or a factory in connection with any trade or business;(b) "government" means the central government or the union territoryadministration, as the case may be;(c) "government building" includes the offices of the ministries, departments,public sector enterprises, statutory bodies or bodies owned or administered by the government and autonomous bodies, local self government bodies and residential areas of government employees provided by the government;(d) "household" means a dwelling unit of any description; and5(e) "prescribed" means prescribed by rules made under this act 4 it shall be the duty of the government to ensure provision of necessary infrastructure and implement such measures, as it may deem necessary, to harvest rainwater in government buildings within such time as may be prescribedcompulsory rainwater harvesting in government buildings105 (1) every household and business establishment shall adopt such measures, as maybe notified by the government, for rooftop rainwater harvesting within such time, as may be specified in the notificationcompulsoryrainwaterharvesting by households and business establishments15(2) the responsibility to ensure compliance of the provisions of sub-section (1) shalllie, in the case of a household, on the head or karta of that household, and in the case of abusiness establishment, on the person, by whatever name called, who is primarily responsible for the affairs of that establishment6 it shall be the duty of the government to ensure construction and repair of conventional water bodies such as wells, tanks, ponds, creeks and watersheds to preserve the rainwater so as to recharge the levels of ground waterduty of government to project water bodies207 (1) the government shall, as soon as possible, prepare an action plan to educate themasses about the technology and the benefits of rooftop rainwater harvestingaction plan to educate the masses about rainwater harvesting(2) for the purpose of sub-section (1), the government shall also associate non-governmental organisations and such other agencies or institutions, as it may deem fit, in such manner as may be prescribedpunishment258 any person violating the provisions of this act, shall be punished with simpleimprisonment for a term which may extend to one year or with a fine which may extend to rupees one lakh or with bothact to have overriding effect9 the provisions of this act and rules made thereunder, shall have effect,notwithstanding anything inconsistent therewith contained in any other law for the timebeing in force3010 the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in forceact not in derogation of other lawspower to make rules11 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act35 40(2) every rule made under this section shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit is estimated that our country receives rainfall of about four thousand billion cubic metres every year and major part of this rainwater goes waste as it falls into the sea through the rivers of our country this huge wastage of rainwater is taking place inspite of the fact that there is severe shortage of drinking water throughout the country water is a scarce resource and its availability for drinking and other household purposes in the country as a whole is hardly as per requirement—more so in the desert and the drought prone areas the only way to overcome this problem is to prevent the wastage of rainwater by conserving it through harvesting and recharging the ground water levelsidentification of the areas not receiving normal rainfall with the help of reconnaissance of each and every hamlet of the country, for success of this programme is the need of the hour the private sector as well as the non-governmental organisations have to play a major role in physical and financial terms, in order to achieve the goal of rainwater harvesting to save the planet earth, we have to make rooftop rainwater harvesting a movement of the masses, in which, the government, corporates and every household would participate and preserve the rainwater which is the purest form of water this will increase the level of ground water which can be used for drinking and other purposes hence, it has become necessary to make rooftop rainwater harvesting mandatory throughout the country to overcome the water scarcity which otherwise will worsen further in near future if we do not act nowas water is a state subject initiative has to come from state governments but in the first instance the initiative has to come from the central government by making rainwater harvesting compulsory in the areas governed by it the states can follow the central government and make it compulsory in the stateshence this billnew delhi;arjun meghwalaugust 6, 2009 financial memorandumclause 4 of the bill provides for creating infrastructure for compulsory rainwater harvesting in government buildings clause 6 provides that the central government shall ensure construction and repair of water bodies to preserve rainwater clause 7 provides that the central government shall prepare an action plan to educate the masses about the technology and the benefits of rooftop rainwater harvesting and associate non-governmental organisations and private sector for the purpose the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one thousand crore is likely to be involved as a recurring expenditure per annuma non-recurring expenditure to the tune of rupees five thousand crore is also likely to be incurred from the consolidated fund of india memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character lok sabha———— a billto provide for compulsory harvesting of rainwater by every household, business establishment and government building in order to ensure availability of water and for matters connected therewith or incidental thereto————(shri arjun meghwal, mp)

Parliament_bills

24a4e003-d515-50af-a750-4badc2a33a53

the sikh marriage bill, 2016by dr dharam vira gandhi, mp——————arrangement of clauses——————clauses preliminary1short title, extent and commencement2application of act3definitions4overriding effect of act sikh marriages5conditions for a sikh marriage6registration of sikh marriagesrestitution of conjugal rights and judicial separation7restitution of conjugal rights8judicial separation nullity of marriage and divorce9void marriages10voidable marriages11divorce12divorce by mutual consent13no petition for divorce to be presented within one year of marriage14divorced persons when may marry again15legitimacy of children of void and voidable marriages16punishment for contravention of certain other conditions for hindu marriage maintenance and custody17maintenance pendente lite and expenses of proceedings18permanent alimony and maintenance19custody and maintenance of children jurisdiction and procedure20court to which petition shall be presented21contents of petitions and service of summons clauses22application of code of civil procedure, 190823power to transfer petitions in certain cases24special provision relating to trail and disposal of petitions under the act25documentary evidence26proceedings to be in camera and may not be printed or published27decree in proceedings28relief for respondent in divorce and other proceedings29appeals from judgement, decrees and orders30enforcement of decrees and orders miscellaneous31savings32power to make rules bill no 14 of 2016the sikh marriage bill, 2016by dr dharam vira gandhi, mp a billto amend and codify the law relating to marriage among sikhsbe it enacted by parliament in the sixty-seventh year of the republic of india as follows:— preliminary1 (1) this act may be called the sikh marriage act, 20165short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir, and appliesalso to sikhs domiciled in the territories to which this act extends who are outside the said territories(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 this act applies to any person who is a sikh by religionapplication of the actdefinitions3 in this act, unless the context otherwise requires,—5(a) the expression "sikh" means a person who believes in akalpurakh(one eternal being), the ten gurus from guru nanak to guru gobind singh, accepts guru granth sahib as the eternal guru and does not subscribe to any other religion exlanation—the following persons are sikhs:—(i) any child legitimate or illegitimate, both of whose parents are sikhs by religion;10(ii) any child legitimate or illegitimate who is brought up as a sikh and one of whose parents is a sikh (b) "anand karaj ceremony" means a marriage ceremony solemnized between two sikhs in the presence of guru granth sahib, which shall be deemed to have been completed when the four "lawan" revealed by the fourth guru in rag suhi are recited and the "ardas" is performed15(c) the expression "custom" and "usage" signify any rule which having been continuously and uniformly observed for a long time, has obtained the force of law among sikhs in any local area, tribe, community, group or family: provided that the rule is certain and not unreasonable or opposed to basic tenets of the sikh faith:20provided further that in the case of a rule applicable only to a family, it has not been discontinued by the family;provided also that the burden to prove the custom or usage shall be upon the person who alleges the custom or usage:(d) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government25(e) "district court" means, a court of district judge and includes additional district judge, and any other civil court which may be specified by the union or a state government, by notification in the official gazette, as having jurisdiction in respect of matters dealt with in this act;30(f) "full blood" and "half blood"—two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;(g) "uterine blood"—two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands35explanation—in clauses (f) and (g) "ancestor" includes the father and"ancestress" the mother;(h) "prescribed" means prescribed by rules made under this act;40(i) "parties" means "bridegroom and the bride" or the "husband and the wife", as the case may be;(j) "degrees of prohibited relationship"—two persons are said to be within the"degrees of prohibited relationship"—(i) if one is a lineal ascendant of the other; or (ii) if one was the wife or husband of a lineal ascendent or descendent of the other; or45(iii) if one was the wife of the father's or mother's brother or of the grandfather's grandmother's brother of the other; or(iv) if the two are brother and sister, uncle and niece, aunt and nephew, or children of brother and sister or of two brothers or of two sisters5explanation—for the purposes of clause (j) relationship includes:—(i) relationship by half or uterine blood as well as by full blood; (ii) illegitimate blood relationship as well as legitimate; (iii) relationship by adoption as well as by blood;and all terms of relationship in those clause (j) shall be construed accordingly104 save as otherwise expressly provided in this act,—overriding effect of this act(a) any text, rule or interpretation of law with respect to sikhs or any custom or usage as part of that law in force immediately before the commencement of this act, shall cease to have effect with respect to any matter for which provision is made in this act;15(b) any other law in force immediately before the commencement of this act shall cease to have effect in so far as it provides for or it is inconsistent with any of the provisions contained in this act sikh marriages205 a sikh marriage shall be solemnized by anand karaj ceremony between a sikh male and sikh female who are sikhs, if the following conditions are fulfilled, namely:—conditions for a sikh marriage(i) neither party has a spouse living at the time of the marriage; (ii) at the time of the marriage neither party is of unsound mind; (iii) the bridegroom has completed the age of twenty-one years and the bride the age of eighteen years at the time of the marriage;25(iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two 6 (1) the registration of a sikh marriage shall be compulsoryregistration of sikh marriages(2) for the purpose of registration under sub-section (1), the appropriate government shall appoint a registrar of sikh marriages in each revenue district and a sub-registrar at the tehsil level and also such other officer for the purpose as may be required30 35(3) for the purpose of facilitating the proof of sikh marriage, the parties to the marriage shall have the particulars relating to their marriage entered in such manner and subject to such conditions, as may be prescribed, in a sikh marriage register kept for the purpose within six months of the solemnisation of the marriage and any person contravening any rule made in this behalf shall be punished with fine which may extend to five hundred rupees(4) the sikh marriage register shall at all reasonable times be open for inspection and shall be admissible as evidence of the statements contained therein and certified extracts therefrom shall, on an application, be given by the registrar, the sub-registrar or any other officer prescribed for this purpose, free of cost40(5) notwithstanding anything contained in this section, the validity of any sikh marriage,shall not be affected by omission to register the marriage restitution of conjugal rights and judicial separationrestitution of conjugal rights57 when either the husband or the wife has, without reasonable excuse, withdrawnfrom the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may pass decree of restitution of conjugal rights accordinglyexplanation—where a question arises whether there has been reasonable excuse forwithdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society10judicial separation8 (1) either party to a marriage, whether solemnized before or after the commencementof this act, may present a petition praying for a decree for judicial separation on any of the grounds specified in sub-section (1) of section 11, and in the case of a wife also on any of the grounds specified in sub-section (2) thereof, as grounds on which a petition for divorce might have been presented15(2) where a decree for judicial separation has been passed, it shall no longer beobligatory for the petitioner to cohabit with the respondent, but the court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree if it considers it just and reasonable to do so nullity of marriage and divorce20void marriages9 any sikh marriage solemnized after the commencement of this act shall be null andvoid and may, on a petition presented by either party thereto, against the other party, be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i) and (iv), of section 5:25provided that in case of a null and void marriage due to contravention of the conditionspecified in clause (i) of section 5, the legally wedded husband or wife, either of whom is not a party to the contravention of the said condition, shall also be entitled to present a petition under this sectionvoidable marriages10 (1) any sikh marriage solemnized, whether before or after the commencement ofthis act, shall be voidable and may be annulled by a decree of nullity on any of the followinggrounds, namely:—30(a) that the marriage has not been consummated owing to the impotence of the respondent; or(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or35(c) that the consent of the petitioner for marriage was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or(d) that the respondent was at the time of the marriage pregnant by some person other then the petitioner;40(2) notwithstanding anything contained in sub-section (1), no petition for annulling a marriage on the ground specified in clause (c) of sub-section (1) shall be entertained if—(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered; or45(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovereddivorcepr11 (1) any sikh marriage solemnized, whether before or after the commencement of the act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party:—5(i) has, after the solemnization of the marriage contracted another marriage or had voluntary sexual intercourse with any person other than his or her spouse; or(ii) has, after the solemnization of the marriage, treated the petitioner with cruelty;or(iii) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition;10explanation—in this clause, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expression shall be construed accordingly; or15(iv) has ceased to be a sikh by conversion to another religion; or(v) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent explanation—in this clause,—20(a) the expression "mental disorder" means mental illness arrested or incompletedevelopment of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;25(b) the expression "psychopathic disorder" means a persistent disorder ordisability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it require or is susceptible to medical treatment; or(vi) has been suffering from a virulent and incurable form of leprosy; or (vii) has been suffering from acquired immune deficiency syndrome(aids) or any venereal disease in a communicable form; or30(viii) has not been heard of as being alive for a period of seven years ormore by those persons who would naturally have heard of it, had that party been alive; or(ix) has been finally convicted and sentenced to imprisonment for a periodof seven years or more35(2) a sikh marriage, whether solemnized before or after the commencement of this act, may also be dissolved on presentation of a petition in this regard by the party in whose favour a decree of restitution of conjugal rights has been passed on the ground:—(i) that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or40(ii) that there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upward after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties(3) a wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground:—(i) that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or5(ii) that in a suit or any proceedings for maintenance, a decree or order, as the case may be, has been passed against the husband awarding maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or more10divorce by mutual consent12 (1) subject to the provisions of this act, a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of this act, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved15 20(2) on the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree13 (1) notwithstanding anything contained in this act, it shall not be competent for any court to entertain any petition under section 11 or 12 of this act for dissolution of marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage:no petition for divorce to be presented within one year of marriage25 30provided that the court may, upon application made to it, allow a petition to be presented before elapse of one year has since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the court at the hearing of the petition that petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed35(2) in disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year40divorced persons when may marry again14 (1) when a marriage has been dissolved by a decree of divorce and the time for filing appeal has expired without an appeal having been presented, it shall be lawful for either party to the marriage to marry again after six months has elapsed from the date of decree of dissolution of marriage45(2) where an appeal has been presented against dissolution of marriage but has been dismissed, it shall be lawful for either party to the marriage, to marry again after six months has elapsed from the date of dismissal of the appeallegitimacy of children of void and voidable marriages15 (1) notwithstanding that a marriage is null and void under section 9, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such a child is born before or after the commencement of this act, and whether or not a decree of nullity is granted in respect of the marriage under this act and whether or not the marriage is held to be void otherwise than on a petition under this act5(2) where a decree of nullity is granted in respect of a viodable marriage under section10, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if, at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity10 15(3) nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 10, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents2016 (1) whoever, having a husband or wife living, marries in any case in which such marriage, is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment which shall not be less than one year and may extend to three years and with fine which shall not be less than twenty thousand rupees and which may extend to one lakh rupeespunishment for contravention of certain other conditions for a sikh marriage(2) where the court imposes a fine under sub-section (1), it shall also order the amount to be paid to aggrieved person out of the fine as payment of compensation, maintenance or costs25(3) the proceedings under this section shall be undertaken by the court wherein the petition under section 9, 10 or 11 of this act has been presented and it will be lawful for the court to convict a person under this section while deciding the petition under section 9, 10, or 11 of this act and no separate complaint or criminal trial shall be required to be made or initiated before a court of criminal jurisdiction maintenance and custody30maintenance pendent-lite and expenses of proceedings3517 where in any proceeding under this act, it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the applicant the expenses of the proceeding and such monthly expenses as, having regard to the applicant's own income and the income of the respondent, it may seem to the court to be reasonable, during the proceeding:40provided that the application for the payment to the expenses of the proceeding and such monthly expenses during the proceedings, shall, as far as possible be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may bepermanent alimony and maintenance18 (1) any court exercising jurisdiction under this act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purposes by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's45own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent5(2) if the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just(3) if the court is satisfied that the party in whose favour an order has been made under this section has re-married, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just10explanation— for the purposes of this section, either party to the marriage, which is void due to contravention of condition specified in clause (i) of section 5, shall not be entitled to maintenance, permanent alimony or to claim any benefit under this section15custody and maintenance of children2019 in any proceeding under this act, the court may, from time to time, pass such interim orders and make such provisions in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children, consistently with the wishes of children, wherever possible, and may, after the decree, upon application for said purpose, pass from time to time, all such orders and make provisions with respect to the custody, maintenance and education of such children as might have been made by such decree or interim orders in case the proceedings for obtaining such decree were still pending, and the court may also from time to time revoke, suspend or vary any such orders and provisions previously made:provided that the welfare of the minor children shall be of paramount consideration for the court while proceeding under this section:25provided further that the application with respect to the maintenance and education of minor children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent jurisdiction and procedure20 every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—30court to which petition shall be presented(i) the marriage was solemnized, or(ii) the respondent, at the time of the presentation of the petition, resides, or (iii) the parties to the marriage last resided together, or (iv) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or35(v) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is at that time residing outside the territories to which this act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he was alive4021 (1) every petition presented under this act shall state as distinctly as the nature of the case permits, the facts on which the claim to relief is founded and shall also state that there is no collusion between the petitioner and the other party to the marriagecontents of petitions and service of summons(2) every petition under this act shall be verified by the petitioner or some other competent person in the manner required by law for the verification of plaints and shall also be supported by a duly sworn affidavit, and it may, at the hearing, be referred to as evidence45(3) the court, under this act,(a) while passing an order for proceeding ex-parte against the respondent, if duly served or if has refused service or is evading service, shall ensure that the provisions of the code of civil procedure with regard to service of summons have been strictly followed and complied with; and5(b) while the summons were returned with a report that the respondent has refused to accept or is evading service shall, before passing order for proceeding ex-parte, order the service to respondent be affected through proclamation and publication in a leading newspaper of the region5 of 190822 subject to the other provisions contained in this act and to such rules as framed under this act, all proceedings under this act shall be regulated, as far as may be, by the code of civil procedure, 190810application of code of civil procedure, 190823 (1) where—power to transfer petitions in certain cases(a) a petition under this act has been presented to a district court having jurisdiction by a party to marriage praying for a decree of divorce under section 11; and15(b) another petition under this act has been presented thereafter by the other party to the marriage praying for a decree of divorce under section 11 on any ground, whether in the same district court or in a separate district court, in the same state or in a separate state, the petitions shall be dealt with as specified in sub-section (2) (2) in a case where sub-section (1) applies,—20(a) if the petitions are presented to the same district court, both the petitions shall be tried and heard together by that district court;(b) if the petitions are presented to in separate district courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented25 30(3) in a case where clause (b) of sub-section (2) applies, the court or the government, as the case may be, competent under the code of civil procedure, to transfer any suit or proceeding from the district court in which the later petition has been presented to the district court in which the earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said code24 every petition or appeal under this act shall be tried as expeditiously as possible, and endeavour shall be made to conclude the trial within six months from the date of service of notice of the petition or appeal on the respondent, as the case may bespecial provision relating to trial and disposal of petitions under the act documentary evidence3525 notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence in any proceeding at the trial of a petition under this act on the ground that it is not duly stamped or registered4026 (1) every proceeding under this act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceedings except a judgement of the high court or of the supreme court printed or published with the previous permission of the courtproceedings to be in camera and may not be printed orpublished(2) if any person prints or publishes any matter in contravention of the provisions contained in sub-section (1), he shall be punishable with fine which may extend to twenty five thousand rupeesdecree in proceedings27 (1) in any proceeding under this act, whether defended or not, if the court is satisfied that—(a) any of the grounds for granting relief exists and the petitioner is not in anyway taking advantage of his or her own wrong or disability for the purpose of such relief, and5(b) where the ground of the petition is the ground specified in clause (1) of sub-section (1) of section 11, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty, and10(c) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and(d) the petitions is not presented or prosecuted in collusion with the respondent, and(e) there has not been any unnecessary or improper delay in instituting the proceeding, and15(f) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly20(2) before proceeding to grant any relief under this act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about a reconciliation between the parties:provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the ground specified in clause (iv), clause (v), clause (vi), clause (vii), clause (viii) or clause (ix) of sub-section (1) of section 1125(3) for the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable period and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been effected and the court shall in disposing of the proceeding have due regard for the report30(4) in every case, the court passing the judgement or decree shall give a copy thereof free of cost to each of the parties:provided that wherein the respondent was proceeded ex-parte, the copy of the judgement or the decree shall be sent to him by a registered post35relief for respondent in divorce and other proceedings4028 in any proceedings of restituion of conjugal rights or divorce, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this act on that ground; and if the petitioner's adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground29 (1) all judgements, decrees and orders made by district court in any proceeding under this act shall, subject to the provisions of sub-section (2) and (3), be appealable and every such appeal shall lie to the high courtappeals from judgement, decrees and orders(2) there shall be no appeal under this section on subject of costs only45(3) no appeal shall lie to the high court from a judgement, decree or order made by district court with the consent of the parties(4) every appeal under this section shall be preferred within a period of ninety days from the date of the judgment, decree or order:provided that the high court may entertain an appeal after the expiry of the period of ninety days, if it is satisfied that there was sufficient or reasonable cause for not filing the appeal within the prescribed time limit5enforcement of decrees and orders30 all decrees and orders made by the court in any proceeding under this act, shall be enforced in the like manner as the decrees and orders of the court made in the exercise of its original civil jurisdiction for the time being are enforced miscellaneoussavings1031 (1) a marriage solemnized between sikhs before the commencement of this act, which is otherwise valid, shall not be deemed to be invalid or ever to have been invalid by reason only of the fact that the parties thereto belonged to the same "pravara" or belonged to different religion15(2) nothing contained in this act shall be deemed to affect any right exercised before the commencement of this act to obtain the dissolution of a sikh marriage recognised by custom or usage20(3) nothing contained in this act shall affect the procedure of any proceeding pending at the commencement of this act under any law for the time being in force for declaring any marriage to be null and void or for annulling or dissolving any marriage, and any such proceeding may be continued in accordance with the procedure applicable before commencement of this actpower to make rules32 (1) the appropriate government may, by notification in the official gazette, make rules for carrying out the purposes of this act25 30(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule(3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature statement of objects and reasonssikh religion is the sixth largest religion in the world it has its own traditions and rituals in a secular system, every religion enjoys freedom to practice its beliefs sikh community, ever since independence, has the feeling that it is not being treated at par with other religious groups like hindus, muslims or christiansunder explanation ii to article 25(6), any reference to 'hindus' has been construed as including a reference to persons professing the sikh, jaina or buddhist religion this jeopardizes the independence of sikh religion being a separate religion in india, is wrong and against the spirit of genuine secularism we are proud of our unity in diversity, but are subjugating diversity to unity, with arbitrary imposition of such clauses against the wishes of sikhs which is against the spirit of our constitution alsothe need is to frame a law relating to marriage among the sikhs at par with those of other religious groups like hindus, etchence this billnew delhi;dharam vira gandhidecember 9, 2015 financial memorandumclause 6 of the bill provides for appointment of registrar and sub-registrar in each revenue district or tehsil level, as the case may be, for registration of sikh marriages the expenditure relating to states shall be borne out of the consolidated funds of the respective states however, the central government shall bear the expenditure in respect of union territories the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india though at this stage, it is difficult to state the exact expenditure, it is estimated that a sum of rupees one hundred crore would be involved as recurring expenditure per annumno non-recurring expenditure will be involved memorandum regarding delegated legislationclause 32 of the bill empowers the appropriate government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only the delegation of legislative power is, therefore, of a normal character———————— a billto amend and codify the law relating to marriage among the sikhs————(dr dharam vira gandhi, mp)gmgipmrnd—4165ls(s3)—16-02-2016

Parliament_bills

7b15d806-d636-50dc-beb1-39a3a01a742f

bill no 213 of 2016 the appropriation (no 3) bill, 2016 a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2016-17be it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 this act may be called the appropriation (no 3) act, 2016short titleissue of rs 103013,74,00,000 out of the consolidated fund of india for the financial year 2016-17appropriationthe schedule(see sections 2 and 3)| 1 | 2 | 3 ||--------------------------------|----------------------------------------------------------|----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 1 | department of agriculture, cooperation and | || farmers welfare | revenue | 1400,02,00,000 || 2 | department of agricultural research and education | revenue || 3 | department of animal husbandry, dairying and | revenue || fisheries | capital | 1,00,000 || 5 | ministry of ayurveda, yoga and naturopathy, unani, | || siddha and homoeopathy (ayush) | revenue | 1,00,000 || 6 | department of chemicals and petrochemicals | revenue || capital | 1,00,000 | || 7 | department of fertilizers | revenue || 9 | ministry of civil aviation | revenue || 11 | department of commerce | revenue || 12 | department of industrial policy and promotion | revenue || 13 | department of posts | capital || 14 | department of telecommunications | revenue || capital | 500,00,00,000 | || 15 | department of electronics and information technology | revenue || capital | 110,00,00,000 | || 16 | department of consumer affairs | revenue || 17 | department of food and public distribution | revenue || capital | 40550,00,00,000 | || 18 | ministry of corporate affairs | revenue || 19 | ministry of culture | revenue || capital | 1,00,000 | || 20 | ministry of defence (misc) | revenue || 28 | ministry of external affairs | revenue || 29 | department of economic affairs | revenue || 60,02,00,000 | | 60,02,00,000 || capital | 1672,18,00,000 | || 32 | transfers to states | revenue || capital | | 3000,00,00,000 || 34 | department of expenditure | revenue || 37 | department of revenue | revenue || 38 | direct taxes | revenue || 42 | department of health and family welfare | revenue || capital | 2,00,000 | || 44 | department of heavy industry | revenue || 48 | police | revenue || 50 | ministry of housing and urban poverty alleviation | revenue || 51 | department of school education and literacy | revenue || 52 | department of higher education | revenue || 54 | ministry of labour and employment | revenue || capital | 1,10,00,000 | || 58 | ministry of micro, small and medium enterprises | revenue || 60 | ministry of minority affairs | revenue || 61 | ministry of new and renewable energy | revenue || 64 | ministry of personnel, public grievances and pensions | revenue || rs | rs | rs ||--------------------|---------------------|---------------|| 1 | 2 | 3 ||-----------------------|--------------------------------------------------------|----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 66 | ministry of petroleum and natural gas | capital || 68 | ministry of power | revenue || 74 | ministry of road transport and highways | revenue || capital | 31972,68,00,000 | || 75 | department of rural development | revenue || capital | 1,00,00,000 | || 76 | department of land resources | revenue || 77 | department of science and technology | revenue || 81 | ministry of skill development and entrepreneurship… | revenue || 82 | department of social justice and empowerment | revenue || 84 | department of space | capital || 85 | ministry of statistics and programme implementation | revenue || 87 | ministry of textiles | revenue || capital | 98,10,00,000 | || 89 | ministry of tribal affairs | revenue || 93 | daman & diu | revenue || capital | 3,00,000 | || 94 | lakshadweep | capital || 95 | ministry of urban development | revenue || capital | 2120,00,00,000 | || 96 | ministry of water resources, river development and | || ganga rejuvenation | revenue | 18,00,00,000 || capital | 25,00,00,000 | || 97 | ministry of women and child development | revenue || 98 | ministry of youth affairs and sports | revenue || total: | 99992,21,00,000 | 3021,53,00,000 || rs | rs | rs | statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 115 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government, excluding railways, for the financial year 2016-17arun jaitley———— a billto authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the services of the financial year 2016-17————(shri arun jaitley, minister of finance and corporate affairs)

Parliament_bills

87cbd191-fefc-5127-8d1a-7e7ba72fd7a0

bill no 159 of 2016 the disaster management (amendment) bill, 2016 byshri mullappally ramachandran, mpa billto amend the disaster management act, 2005be it enacted by parliament in the sixty-seventh year of the republic of india as follows :—1 (1) this act may be called the disaster management (amendment) act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint 553 of 2005amendment of section 112 in section 11 of the disaster management act, 2005 (hereinafter referred to as the principal act), —(a) after sub-section (2), the following sub-section shall be inserted, namely:—10"(2a) while preparing the national plan, the national executive committee shall take into consideration —(i) the native and traditional knowledge, if available, regarding preparedness of the disaster plan; and(ii) the successful disaster plans of other countries"; and5(b) in sub-section (3), after clause (a), the following clause shall be inserted, namely:—"(aa) measures to identify the vulnerability of different areas of the country to different forms of disaster;"amendment of section 353 in section 35 of the principal act, in sub-section (2), after clause (h), the following clauses shall be inserted, namely:—"(ha) framing of guidelines for disaster resilient construction of buildings;10(hb) ensuring that all constructions in the seismic zones are earthquake resilient;15(he) taking such remedial measures in consultation with the concerned state government as are necessary, in regard to vulnerable buildings in the seismic zones, which shall include hospitals, hotels, schools and educational institutions, multistorey buildings and high rise residential complexes;(hd) ensuring that all buildings compulsorily comply with directions for earthquake resilience; and(he) compulsory licensing of buildings and obtaining clearance certificates before construction of new multistorey buildings" statement of objects and reasonsthe disaster management act, 2005 was enacted to provide for the effective management of disasters in the country preparedness by government and society for all eventualities that may arise due to natural disasters like earthquakes, floods etc and to work towards minimizing the death, injury and loss is still to be crystallisedthe need is to identify the areas which are vulnerable to disasters in the country it is also of utmost importance that the native and traditional knowledge about the preparedness of natural disasters be taken into considerationto ensure structural strength of constructions that are already existing or that are in the process of construction or that are proposed to be constructed, especially hospitals, hotels, schools and multistoried residential complexes, the intervention of government pertaining to disaster resilient construction of building is urgently requiredhence this billnew delhi;mullappally ramachandranapril 18, 2016 annexure extract from the disaster management act, 2005 (53 of 2005)| | | | ||------|------|------|-----|national plan11 (1) there shall be drawn up a plan for disaster management for the whole of the country to be called the national plan| | | | ||------|------|------|-----|(3) the national plan shall include—(a) measures to be taken for the prevention of disasters, or the mitigation of their effects;(b) measures to be taken for the integration of mitigation measures in the development plans;(c) measures to be taken for preparedness and capacity building to effectively respond to any threatening disaster situations or disaster;(d) roles and responsibilities of different ministries or departments of the government of india in respect of measures specified in clauses (a), (b), and (c)central government to take measures35 (1) subject to the provisions of this act, the central government shall take all such measures as it deems necessary or expedient for the purpose of disaster management (2) in particular and without prejudice to the generality of the provisions of sub-section (1), the measures which the central government may take under that sub-section include measures with respect to all or any of the following matters, namely:—(a) coordination of actions of the ministries or departments of the government of india, state governments, national authority, state authorities, governmental and nongovernmental organizations in relation to disaster management;| | | | ||------|------|------|-----|(h) establish institutions for research, training, and developmental programmes in the field of disaster management;| | | | ||------|------|------|-----| lok sabha———— a billto amend the disaster management act, 2005————(shri mullapally ramachandran, mp)gmgipmrnd—1385ls(s3)—18-07-2016

Parliament_bills

9b20be5e-a584-5963-9402-52ee41e3109e

memorandum regarding delegated legislationclause 3 of the bill provides for formulating a scheme for imparting compulsory home-guard training to all able-bodied persons the scheme has to be administered by the government of india the delegation of legislative power is of a normal character

Parliament_bills

44df60e7-f44d-5022-9cd1-a2edbcbb10d6

the lok pal bill, 2011 the lok pal bill, 2011 was introduced in parliament on 4 august 2011 a copy of the lok pal bill as introduced in lok sabha is attached from page 2 of this document prs legislative research has analysed earlier draft of the lok pal bill drafted by the government and the civil society this analysis can be found at: http://wwwprsindiaorg/pages/all-about-the-lok-pal-bill-137/ other relevant analysis on lok pal bill:| comparison of the two draft bills of the | ||--------------------------------------------|-----------------------------------------|| joint committee | || a note comparing the key features of | || the two draft bills prepared by the | || government representatives of the | || joint lokpal committee and the | || nominees of shri hazare on the | || committee | || | || | || | || background note on the lok pal bill | a detailed look at the genesis, history || of the lok pal and recommendations | || made by various committees | || | || | || | || vital stats: corruption cases against | || government officials | || | || some facts and figures about | || corruption cases against public | || officials | || | || | || | |recommendations by committees recommendations of various experts committees on the questions framed by the government on the lok pal bill the lokpal bill, 2011———— arrangement of clauses———— chapter i preliminary clauses1short title, extent and commencement2definitions chapter ii establishment of lokpal3establishment of lokpal4appointment of chairperson and members and selection committee5filling up of vacancies of chairperson and members6term of office of chairperson and members7salary, allowances and other conditions of service of chairperson and members8removal and suspension of chairperson and member of lokpal9restriction on employment by chairperson and members after ceasing to hold office10member to act as chairperson or to discharge his functions in certain circumstances11secretary, other officers and staff of lokpal chapter iii investigation wing12investigation wing13investigation officer to have powers of police14investigation officer to inquire on direction of lokpal chapter iv prosecution wing15prosecution wing and appointment of director of prosecution chapter v expenses of institution of lokpal to be charged on consolidated fund of india16expenses of lokpal to be charged on consolidated fund of india chapter vi jurisdiction in respect of inquiry clauses17jurisdiction of lokpal18matters pending before any court or committee or authority before inquirybefore lokpal not to be affected19constitution of benches of lokpal20distribution of business amongst benches21power of chairperson to transfer cases22decision to be by majority chapter vii procedure in respect of inquiry and investigation23provisions relating to complaints and inquiry and investigation24inspection of documents and furnishing copies thereof to persons against whom complaints have been made25persons likely to be prejudicially affected to be heard26lokpal may require any public servant or any other person to furnish information, etc27previous sanction not necessary for investigation and initiating prosecution by lokpal in certain cases28action on inquiry in relation to public servants not being ministers or members of parliament29action on inquiry against public servant being ministers or members of parliament chapter viii powers of lokpal30search and seizure31lokpal to have powers of civil court in certain cases32power of lokpal to utilise services of officers of central or state government33provisional attachment of assets34confirmation of attachment of assets35power of lokpal to recommend transfer or suspension of public servant connected with allegation of corruption36power of lokpal to give directions to prevent destruction of records during inquiry37power to delegate chapter ix special courts38special courts to be notified by central government39letter of request to a contracting state in certain cases chapter x complaints against chairperson, members and officials of lokpal clauses40complaints against chairperson and members not to be inquired by lokpal41complaints against officials of lokpal chapter xi assessment of loss and recovery thereof by special court42assessment of loss and recovery thereof by special court chapter xii finance, accounts and audit43budget44grants by central government45annual statement of accounts46furnishing of returns, etc, to central government chapter xiii declaration of assets47declaration of assets48presumption as to acquisition of assets by corrupt means in certain cases chapter xiv offences and penalties49prosecution for false complaint and payment of compensation, etc, to public servant50false complaint made by society or association of persons or trust chapter xv miscellaneous51protection of action taken in good faith by any public servant52protection of action taken in good faith by others53members, officers and employees of lokpal to be public servants54limitation to apply in certain cases55bar of jurisdiction56legal assistance57act to have overriding effect58provision of this act to be in addition to other laws59amendment of certain enactments60power to make rules61power of lokpal to make regulations62laying of rules and regulations63power to remove difficultiesthe first schedule the second schedule bill no 39 of 2011 the lokpal bill, 2011 a billto provide for the establishment of the institution of lokpal to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto whereas the constitution of india established a democratic republic to ensure justice for all;and whereas the country's commitment to clean and responsive governance has to be reflected in an effective institution to independently inquire into and prosecute acts of corruption;now, therefore, it is expedient to establish a strong and effective institution to contain corruptionbe it enacted by parliament in the sixty-second year of the republic of india as follows:— chapter i preliminary(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different provisions of this act and any reference in any provision to the commencement of this act shall be construed as a reference to the coming into force of that provisiondefinitions52 (1) in this act, unless the context otherwise requires,—(a) "bench" means a bench of the lokpal;(b) "chairperson" means the chairperson of the lokpal; (c) "competent authority", in relation to—(i) a member of the council of ministers, means the prime minister; (ii) a member of parliament, other than a minister, means—10(a) in the case of a member of the council of states, the chairman of that council; and(b) in the case of a member of the house of the people, the speaker of that house;15(iii) an officer in the ministry or department of the central government, means the minister in charge of the ministry or department under which such officer is serving;20(iv) a chairperson or members of any body, or board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted by an act of parliament or wholly or partly financed by the central government or controlled by it, means the minister in charge of the administrative ministry of such body, or board or corporation or authority or company or society or autonomous body;25(v) an officer of any body or board or corporation or authority or company or society or autonomous body (by whatever name called) established or constituted by an act of parliament or wholly or partly financed by the central government or controlled by it, means the head of such body or board or corporation or authority or company or society or autonomous body;(vi) any other case not falling under sub-clauses (i) to (v) above, means the central government:30provided that if any person referred to in sub-clause (iv) or sub-clause (v)is also a member of parliament, then the competent authority shall be—(a) in case such member is a member of the council of states, the chairman of that house; and35(b) in case such member is a member of the house of the people, the speaker of that house;49 of 1988(d) "complaint" means a complaint, made in such form as may be prescribed, alleging that a public servant has committed an offence punishable under the prevention of corruption act, 1988;(e) "inquiry" means an inquiry conducted under this act by the lokpal;40(f) "judicial member" means a judicial member of the lokpal appointed as such;(g) "lokpal" means the institution established under section 3; (h) "member" means a member of the lokpal; (i) "minister" means a union minister but does not include the prime minister;(j) "notification" means notification published in the official gazette and theexpression "notify" shall be construed accordingly;5(k) "prescribed" means prescribed by rules made under this act;(l) "public servant" means a person referred to in clauses (a) to (g) of subsection (1) of section 17;(m) "regulations" means regulations made under this act;10(n) "rules" means rules made under this act; (o) "schedule" means a schedule to this act;49 of 1988(p) "special court" means the court of a special judge appointed under subsection (1) of section 3 of the prevention of corruption act, 198849 of 198815(2) words and expressions used herein and not defined in this act but defined in the prevention of corruption act, 1988, shall have the meanings respectively assigned to them in that act(3) any reference in this act to any other act or provision thereof which is not in force in any area to which this act applies shall be construed to have a reference to the corresponding act or provision thereof in force in such area 20 chapter ii establishment of lokpalestablishment of lokpal3 (1) as from the commencement of this act, there shall be established, for the purpose of making inquiries in respect of complaints made under this act, an institution to be called the "lokpal"25(2) the lokpal shall consist of—(a) a chairperson, who is or has been a chief justice of india or a judge of thesupreme court; and(b) such number of members, not exceeding eight out of whom fifty per centshall be judicial members30(3) a person shall be eligible to be appointed,—(a) as a judicial member if he is or has been a judge of the supreme court or achief justice of a high court;35(b) as a member other than a judicial member, if he is a person of impeccableintegrity, outstanding ability and standing having special knowledge and expertise of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law, and management(4) the chairperson or a member shall not be a member of parliament or a member of the legislature of any state or union territory and shall not hold any office of trust or profit (other than the office as the chairperson or a member) or be connected with any political40party or carry on any business or practise any profession and accordingly, before he enters upon his office, a person appointed as the chairperson or a member, as the case may be, shall, if – (a) he holds any office of trust or profit, resign from such office; or5 (b) he is carrying on any business, sever his connection with the conduct and management of such business; or(c) he is practising any profession, cease to practise such profession10(5) the chairperson and every member shall, before entering upon his office, make and subscribe before the president an oath or affirmation in the form set out in the first schedule4 (1) the chairperson and members shall be appointed by the president after obtaining the recommendations of a selection committee consisting of—(a) the prime minister - chairperson;appointment of chairperson and members and selection committee(b) the speaker of the house of the people —member;15(c) the leader of opposition in the house of the people—member; (d) the leader of opposition in the council of states - member; (e) a union cabinet minister to be nominated by the prime minister —member; (f) one sitting judge of the supreme court to be nominated by the chief justice of india—member;20(g) one sitting chief justice of a high court to be nominated by the chief justice of india—member;(h) one eminent jurist to be nominated by the central government - member;25(i) one person of eminence in public life with wide knowledge of and experience in anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law, or management to be nominated by the central government - member (2) no appointment of a chairperson or a member shall be invalid merely by reason of any vacancy in the selection committee30 35(3) the selection committee may, if it considers necessary for the purposes of selecting the chairperson and members of the lokpal and for preparing a panel of persons to be considered for appointment as such, constitute a search committee consisting of such persons of standing and having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law, and management, or in any other matter which, in the opinion of the selection committee, may be useful in making selection of the chairperson and members of the lokpal(4) the selection committee shall regulate its own procedure for selecting the chairperson and members of the lokpal which shall be transparent(5) the term of the search committee referred to in sub-section (3), the fee and allowances payable to its members and the manner of selection of panel of names shall be such as may be prescribedfilling up of vacancies of chairperson and members5 the president shall take or cause to be taken all necessary steps for the appointment of a new chairperson and members at least three months before the expiry of the term of such chairperson or member, as the case may be, in accordance with the procedure laid down in this act5term of office of chairperson and members6 the chairperson and every member shall, on the recommendations of the selection committee, be appointed by the president by warrant under his hand and seal and hold office as such for a term not exceeding five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier:provided that he may—10(a) by writing under his hand addressed to the president, resign his office; or (b) be removed from his office in the manner provided in section 87 the salary, allowances and other conditions of service of—(i) the chairperson shall be the same as those of the chief justice of india; (ii) other members shall be the same as those of a judge of the supreme court:salary, allowances and other conditions of service of chairperson and members15provided that if the chairperson or a member is, at the time of his appointment, inreceipt of pension (other than disability pension) in respect of any previous service under the government of india or under the government of a state, his salary in respect of service as the chairperson or, as the case may be, as a member, be reduced—(a) by the amount of that pension; and20(b) if he has, before such appointment, received, in lieu of a portion of thepension due to him in respect of such previous service, the commuted value thereof, by the amount of that portion of the pension:25 provided further that the salary, allowances and pension payable to, and otherconditions of service of, the chairperson or a member shall not be varied to his disadvantage after his appointment8 (1) subject to the provisions of sub-section (3), the chairperson or any member shall be removed from his office by order of the president on the grounds of misbehaviour after the supreme court, on a reference being made to it —removal and suspension of chairperson and member of lokpal(i) by the president, or30(ii) by the president on a petition being signed by at least one hundred membersof parliament, or(iii) by the president on receipt of a petition made by a citizen of india and wherethe president is satisfied that the petition should be referred,35has, on an inquiry held in accordance with the procedure prescribed in that behalf, reported that the chairperson or such member, as the case may be, ought to be removed on such ground(2) the president may suspend from office the chairperson or any member in respect of whom a reference has been made to the supreme court under sub-section (1) until the president has passed orders on receipt of the report of the supreme court on such referencemember, as the case may be,—(a) is adjudged an insolvent; or (b) engages, during his term of office, in any paid employment outside the duties of his office; or5(c) is, in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body10(4) if the chairperson or any member is, or becomes, in any way concerned or interested in any contract or agreement made by or on behalf of the government of india or the government of a state or participates in any way in the profit thereof or in any benefit or emolument arising therefrom otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (1), be deemed to be guilty of misbehaviour9 (1) on ceasing to hold office, the chairperson and every member shall be ineligible for—15(i) reappointment as the chairperson or a member of the lokpal; (ii) any diplomatic assignment, appointment as administrator of a union territory and such other assignment or appointment which is required by law to be made by the president by warrant under his hand and seal;restriction on employment by chairperson and members after ceasing to hold office20(iii) further employment to any other office of profit under the government of india or the government of a state;(iv) contesting any election of president or vice president or member of either house of parliament or member of either house of a state legislature or municipality or panchayat within a period of five years from the date of cessation of holding the office of the chairperson or member25(2) notwithstanding anything contained in sub-section (1), a member shall be eligible to be appointed as a chairperson, if his total tenure as member and chairperson does not exceed five years3010 (1) in the event of occurrence of any vacancy in the office of the chairperson by reason of his death, resignation or otherwise, the president may, by notification, authorise the senior-most member to act as the chairperson until the appointment of a new chairperson to fill such vacancymember to act as chairperson or to discharge his functions in certain circumstances(2) when the chairperson is unable to discharge his functions owing to absence on leave or otherwise, the senior-most member available, as the president may, by notification, authorise in this behalf, shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties3511 (1) the appointment of secretary and other officers and staff of the lokpal shall be made by the chairperson or such member or officer of lokpal as the chairperson may direct:secretary, other officers and staff of lokpal40provided that the president may by rule require that the appointment in respect of any post or posts as may be specified in the rule, shall be made after consultation with the union public service commission(2) subject to the provisions of any law made by parliament, the conditions of service of secretary and other officers and staff of the lokpal shall be such as may be specified by regulations made by the lokpal for the purpose:45provided that the regulations made under this sub-section shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the president chapter iii investigation winginvestigation wing49 of 1988512 (1) notwithstanding anything contained in any law for the time being in force, the lokpal shall constitute an investigation wing for the purpose of conducting investigation of any offence alleged to have been committed by a public servant punishable under the prevention of corruption act, 1988:10provided that till such time the investigation wing is constituted by the lokpal, the central government shall make available such number of investigation officers and other staff from such of its ministries or departments, as may be required by the lokpal, for carrying out investigation under this act25 of 194615(2) the central government may, after obtaining consent of the concerned state government, by notification, extend the powers and jurisdiction of officers of the investigation wing of the lokpal in that state and the provisions of sub-sections (2) and (3) of section 5of the delhi special police establishment act, 1946, shall apply as if the members of the investigation wing were members of the police force of that state13 (1) no investigation shall be made by an investigation officer of the investigation wing below the rank of a deputy superintendent of police or by any other officer of equivalent rankinvestigation officer to have powers ofpolice2049 of 1988(2) the investigation officers of the investigation wing shall have, in relation to the investigation of such offences referred to in sub-section (1) of section 12, all the powers, duties, privileges and liabilities which police officers have in connection with the investigation of such offences under the prevention of corruption act, 198825investigation officer toinquire ondirection oflokpal14 (1) the lokpal may, before holding any inquiry under this act, by an order, require the investigation officer of its investigation wing to make, or cause to be made, a preliminary investigation in such manner as it may direct and submit a report to the lokpal, within such time as may be specified by the lokpal, to enable it to satisfy itself as to whether or not the matter requires to be inquired into by the lokpal(2) the investigation officer on receipt of an order under sub-section (1) shall complete the investigation and submit his report within the time specified under that sub-section chapter iv30 prosecution wing15 (1) the lokpal may, by notification, constitute a prosecution wing and appoint a director of prosecution and such other officers and employees to assist the director of prosecution for the purpose of prosecution of public servants in relation to any complaint by the lokpal under this act35prosecution wing and appointment of director of prosecution49 of 1988(2) the director of prosecution shall, after having been so directed by the lokpal, file a complaint before the special court, and take all necessary steps in respect of the prosecution of public servants in relation to any offence punishable under the prevention of corruption act, 1988 40 chapter v expenses of institution of lokpal to be charged on consolidated fund of india4516 the expenses of the lokpal, including all salaries, allowances and pensions payable to or in respect of the chairperson, members or secretary or other officers or staff of the lokpal, shall be charged on the consolidated fund of india and any fees or other moneys taken by the lokpal shall form part of that fundexpenses of lokpal to be charged on consolidated fund of india chapter vi jurisdiction in respect of inquiryjurisdiction of lokpal517 (1) subject to the other provisions of this act, the lokpal shall inquire into any matter involved in, or arising from, or connected with, any allegation of corruption made in a complaint in respect of the following, namely:—| ( | a | ) a prime minister, after he has demitted the office of the prime minister; ||-------------|-----|-------------------------------------------------------------------------------|| ( | b | ) any other person who is or has been a minister of the union; || ( | c | ) any person who is or has been a member of either house of parliament; || 10 | | || 49 of 1988 | | |(d) any group "a" officer or equivalent or above, from amongst the public servants defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the prevention of corruptions act, 1988 when serving or who has served, in connection with the affairs of the union;15 (e) any person who is or has been a chairperson or member or officer equivalent to group "a" officer referred to in clause (d) or equivalent or above in any body or board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an act of parliament or wholly or partly financed by the central government or controlled by it:20 25provided that in respect of such officers referred to in clause (d) who have served in connection with the affairs of the union or in any body or board or corporation or authority or company or society or trust or autonomous body referred to in this clause but are working in connection with the affairs of the state or in any body or board or corporation or authority or company or society or trust or autonomous body (by whatever name called) established by an act of the state legislature or wholly or partly financed by the state government or controlled by it, the lokpal and the officers of its investigation wing or prosecution wing shall have jurisdiction under this act in respect of such officers only after obtaining the consent of the concerned state government;30(f) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) wholly or partly financed or aided by the government and the annual income of which exceeds such amount as the central government may by notification specify;35(g) any person who is or has been a director, manager, secretary or other officer of every other society or association of persons or trust (whether registered under any law for the time being in force or not) in receipt of any donation from the public and the annual income of which exceeds such amount as the central government may by notification specify:provided that nothing in this section shall apply in relation to the prime minister, in whatever capacity he may be holding an office as a public functionary:4049 of 1988provided further that any person referred to in this clause shall be deemed to be a public servant under clause (c) of section 2 of the prevention of corruption act, 1988 and the provisions of that act shall apply accordingly:provided also that nothing in clauses (e) and (f) and this clause shall apply to any society or association of persons or trust constituted for religious purposes45(2) notwithstanding anything contained in sub-section (1), the lokpal shall not inquire into any matter involved in, or arising from, or connected with, any such allegation of corruption against any member of either house of parliament in respect of anything said or a vote given by him in parliament or any committee thereof covered under the provisions contained in clause (2) of article 105 of the constitution49 of 1988 (3) the lokpal may inquire into any act or conduct of any person other than those referred to in sub-section (1), if such person is associated with the allegation of corruption under the prevention of corruption act, 1988:5provided that, no action under this section shall be taken in case of a person serving in connection with the affairs of a state, without the consent of the state government60 of 1952(4) no matter in respect of which a complaint has been made to the lokpal under this act, shall be referred for inquiry under the commissions of inquiry act, 195210explanation—for the removal of doubts, it is hereby declared that a complaint under this act shall only relate to a period during which the public servant was holding or serving in that capacity49 of 19881518 in case any matter or proceeding related to allegation of corruption under theprevention of corruption act, 1988 has been pending before any court or committee of either house of parliament or before any other authority prior to commencement of this act or prior to commencement of any inquiry after the commencement of this act, such matter or proceeding shall be continued before such court, committee or authoritymatters pending before any court or committee or authority for inquiry before lokpal not to be affected20explanation—for the removal of doubts, it is herby declared that continuance of such matter or proceeding before any court or committee of either house of parliament or before any other authority, except for such matters as are protected under clause (2) of article 105 of the constitution or are pending before a court, shall not affect the power of the lokpal to inquire into such matter under this act19 (1) subject to the provisions of this act, —(a) the jurisdiction of the lokpal may be exercised by benches thereof;constitution of benches of lokpal(b) a bench may be constituted by the chairperson with two or more members as the chairperson may deem fit;25(c) every bench shall ordinarily consist of at least one judicial member; (d) where a bench consists of the chairperson, such bench shall be presidedover by the chairperson;(e) where a bench consists of a judicial member, and a non-judicial member, not being the chairperson, such bench shall be presided over by the judicial member;30(f) the benches of the lokpal shall ordinarily sit at new delhi and at such otherplaces as the lokpal may, by regulations, specify(2) the lokpal shall notify the areas in relation to which each bench of the lokpal may exercise jurisdiction35(3) notwithstanding anything contained in sub-section (2), the chairperson shall have the power to constitute or reconstitute benches from time to time40(4) if at any stage of the hearing of any case or matter it appears to the chairperson or a member that the case or matter is of such nature that it ought to be heard by a bench consisting of three or more members, the case or matter may be transferred by the chairperson or, as the case may be, referred to him for transfer, to such bench as the chairperson may deem fit20 where benches are constituted, the chairperson may, from time to time, by notification, make provisions as to the distribution of the business of the lokpal amongst the benches and also provide for the matters which may be dealt with by each benchdistribution of business amongst benchespower of chairperson to transfer cases21 on an application for transfer made by the complainant or the public servant, the chairperson, after giving an opportunity of being heard to the complainant or the public servant, as the case may be, may transfer any case pending before one bench for disposal to any other bench5decision to be by majority22 if the members of a bench consisting of two members differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the other members of the lokpal and such point or points shall be decided according to the opinion of the majority of the members of the lokpal who have heard the case, including those who first heard it10 chapter vii procedure in respect of inquiry and investigation1523 (1) the lokpal, on receipt of a complaint, may either make a preliminary inquiry or direct its investigation wing, to make a preliminary investigation to ascertain whether there exists a prima facie case for proceeding in the matterprovisions relating to complaints and inquiry and investigation(2) every preliminary inquiry or preliminary investigation referred to in sub-section (1)shall ordinarily be completed within a period of thirty days and for reasons to be recorded in writing, within a further period of three months from the date of receipt of the complaint20(3) upon completion of the preliminary investigation, the investigating authority shall submit its report to the lokpal(4) before the lokpal comes to the conclusion in the course of a preliminary inquiry and after submission of a report referred to in sub-section (3) that a prima facie case is made out against the public servant pursuant to such a preliminary inquiry, the lokpal shall afford the public servant an opportunity of being heard25(5) where the lokpal, after receiving the report of the investigating authority pursuant to a preliminary investigation or conclusion of the preliminary inquiries as referred to in subsection (1) is satisfied that no prima facie case is made out for proceeding further in the matter, the complaint shall be closed and the decision thereon be communicated to the complainant and the public servant30(6) where the lokpal is of the opinion that prima facie case is made out and refers the matter for investigation, upon completion of such investigation and before filing the charge sheet, the public servant against whom such investigation is being conducted shall be given an opportunity of being heard35(7) every inquiry conducted by the lokpal, upon being satisfied that a prima facie case is made out, shall be open to the public provided that in exceptional circumstances and for reasons to be recorded in writing by the lokpal, such inquiry may be conducted in camera40 (8) in case the lokpal proceeds to inquire into the complaint under sub-section (7) it shall hold such inquiry as expeditiously as possible and complete the inquiry within a period of six months from the date of receipt of the complaint which, for reasons to be recorded in writing, may be extended by a further period of six months(9) the public servant against whom an inquiry is being conducted under sub-section(8) shall be given an opportunity of being heard45(10) where in a case the lokpal is of the opinion and for reason to be recorded in writing that it is not in the interest of justice to either hold a preliminary inquiry or preliminary investigation, it may refer the matter for investigation50(11) upon completion of such investigation but before filing a charge sheet, the investigating authority shall place the records in its possession along with its prima facie conclusion before the lokpal who shall before directing that a charge sheet be filed afford the public servant concerned an opportunity of being heard(12) if the lokpal proposes to inquire into a complaint, it may, at any stage,—(a) pass appropriate orders for safe custody of the documents relevant to the inquiry as it deems fit; and5(b) forward a copy of the complaint to the public servant concerned along with all relevant material relied upon and afford him an opportunity to represent his case (13) the website of the lokpal shall, from time to time and in such manner as may be specified by regulations, display to the public, the status of number of complaints pending before it or disposed of by it10(14) the lokpal may withhold the records and evidence which are likely to impede the process of inquiry or conduct of a case by it or by the special court(15) save as otherwise provided, the manner and procedure of conducting an inquiry or investigation under this act, shall be such as may be specified by regulations1524 in cases where, an investigation or inquiry into a complaint is proposed to be initiated by the lokpal, every person against whom such inquiry or investigation is proposed to be conducted, shall be entitled to inspect any record in connection with the commission of any alleged offence and take an extract therefrom, as is considered necessary to defend his caseinspection of document and furnishing copies thereof to persons against whom complaints have been made25 if, at any stage of the proceeding, the lokpal—20(a) considers it necessary to inquire into the conduct of any person other than the prospective accused; orpersons likely to be prejudicially affected to be heard(b) is of opinion that the reputation of any person other than an accused is likely to be prejudicially affected by the inquiry, the lokpal shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence, consistent with the principles of natural justice:25 provided that nothing in this section shall apply where the credibility of a witness is being questioned3026 subject to the provisions of this act, for the purpose of any inquiry or investigation, the lokpal or the investigating authority, as the case may be, may require any public servant or any other person who, in its opinion, is able to furnish information or produce documents relevant to such inquiry or investigation, to furnish any such information or produce any such documentlokpal may require any public servant or any other person to furnish information, etc2 of 1974 49 of 19883527 (1) no sanction or approval shall be required by the lokpal or its investigation wing under section 197 of the code of criminal procedure, 1973 or section 19 of the prevention of corruption act, 1988 for the purpose of making inquiry by the lokpal or investigation by its investigation wing into any complaint against any public servant or for filing of any complaint in respect thereof before the special court under this actprevious sanction not necessary for investigation and initiating prosecution by lokpal in certain cases2 of 1974 49 of 198840(2) a special court may, notwithstanding anything contained in section 197 of thecode of criminal procedure, 1973 or section 19 of the prevention of corruption act, 1988, on a complaint filed by the lokpal or any officer authorised by it in this behalf, take cognizance of offence committed by any public servant(3) nothing contained in sub-sections (1) and (2) shall apply in respect of the persons holding the office in pursuance of the provisions of the constitution and in respect of which a procedure for removal of such person has been specified therein(4) the provisions contained in sub-sections (1), (2) and (3) shall be without prejudice to the generality of the provisions contained in article 311 and sub-clause (c) of clause (3) of article 320 of the constitution49 of 1988528 (1) where, after the conclusion of the inquiry or investigation, the findings of the lokpal disclose the commission of an offence under the prevention of corruption act, 1988 by a public servant referred to in clause (c) or clause (d) of sub-section (1) of section 17, the lokpal may—(a) file a case in the special court and send a copy of the report together with its findings to the competent authority;action on inquiry in relation to public servants not being ministers or members of parliament10(b) recommend to the competent authority the initiation of disciplinaryproceedings under the rules of disciplinary proceedings applicable to such public servant;(c) provide a copy of the report to the public servant or his representative1549 of 1988(2) the competent authority shall, within a period of thirty days of the receipt of recommendation under clause (b) of sub-section (1), initiate disciplinary proceedings against the delinquent public servant accused of committing offence under the prevention of corruption act, 1988 and forward its comments on the report, including the action taken or proposed to be taken thereon, to the lokpal ordinarily within six months of initiation of such disciplinary proceedings2049 of 198829 (1) where, after the conclusion of the inquiry or investigation, the findings of the lokpal disclose the commission of an offence under the prevention of corruption act, 1988 by a public servant referred to in clause (a) or clause (b) of sub-section (1) of section 17, the lokpal may file a case in the special court and shall send a copy of the report together with its findings to the competent authorityaction on inquiry against public servant being ministers or members of parliament25 30(2) the prime minister, in the case of the minister, the speaker in the case of a member of the house of the people, and the chairman of the council of states, in the case of a member of that council shall, as soon as may be, after the receipt of report under sub-section (1), cause the same to be laid before the house of the people or the council of states, as the case may be, while it is in session, and if the house of the people or the council of states, as the case may be, is not in session, within a period of one week from the reassembly of the said house or the council, as the case may be(3) the competent authority shall examine the report forwarded to it under sub-section(1) and communicate to the lokpal, within a period of ninety days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the report35explanation— in computing the period of ninety days referred to in this sub-section, any period during which parliament or, as the case may be, either house of parliament, is not in session, shall be excluded chapter viii powers of lokpal40search and seizure30 (1) if the lokpal has reason to believe that any document which, in its opinion, shall be useful for, or relevant to, any investigation or inquiry under this act, are secreted in any place, it may authorise any officer of the investigation wing, to search for and to seize such documents45(2) if the lokpal is satisfied that any document seized under sub-section (1) would be evidence for the purpose of any investigation or inquiry under this act and that it would be necessary to retain the document in its custody or in the custody of such officer as may be authorised, it may so retain or direct such officer authorised to retain such document till the completion of such investigation or inquiry: provided that where any document is required to be returned, the lokpal or the authorised officer may return the same after retaining copies of such document duly authenticated2 of 19745(3) the provisions of the code of criminal procedure, 1973 relating to searches shall,so far as may be, apply to searches under this section subject to the modification that subsection (5) of section 165 of the said code shall have effect as if for the word "magistrate",wherever it occurs therein, the words "lokpal or any officer authorised by it" were substituted5 of 19081031 (1) subject to the provisions of this section, for the purpose of any inquiry, thelokpal shall have all the powers of a civil court, under the code of civil procedure, 1908, while trying a suit in respect of the following matters, namely:—lokpal to have powers of civil court in certain cases(i) summoning and enforcing the attendance of any person and examining himon oath;(ii) requiring the discovery and production of any document; (iii) receiving evidence on affidavits;15(iv) requisitioning any public record or copy thereof from any court or office; (v) issuing commissions for the examination of witnesses or documents: provided that such commission, in case of a witness, shall be issued only wherethe witness, in the opinion of the lokpal, is not in a position to attend the proceeding before the lokpal; and20(vi) such other matters as may be prescribed45 of 1860(2) any proceeding before the lokpal shall be deemed to be a judicial proceedingwithin the meaning of section 193 of the indian penal code2532 (1) the lokpal may, for the purpose of conducting any inquiry, utilise the servicesof any officer or investigation agency of the central government or any state government, as the case may bepower of lokpal to utilise services of officers of central or state government(2) for the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose services are utilised under sub-section (2) may, subject to the direction and control of the lokpal,—| ( | a | ) summon and enforce the attendance of any person and examine him; ||-----|-----|----------------------------------------------------------------------|| 30 | | || ( | b | ) require the discovery and production of any document; and || ( | c | ) requisition any public record or copy thereof from any office |(3) the officer or agency whose services are utilised under sub-section (2) shallinvestigate into any matter pertaining to the inquiry and submit a report thereon to the lokpal within such period as may be specified by the lokpal in this behalf35provisional attachment of assets33 (1) where the lokpal or any investigation officer authorised by it in this behalf,has reason to believe, the reason for such belief to be recorded in writing, on the basis of material in its or his possession, that—(a) any person is in possession of any proceeds of corruption;40(b) such person is accused of having committed an offence relating to corruption;and(c) such proceeds of offence are likely to be concealed, transferred or dealt within any manner which may result in frustrating any proceedings relating to confiscation of such proceeds of offence,4543 of 1961the lokpal or such investigation officer may, by order in writing, provisionally attach such property for a period not exceeding ninety days from the date of the order, in the manner provided in the second schedule to the income-tax act, 1961 and the lokpal or such investigation officer, as the case may be, shall be deemed to be an officer under sub-rule (e)of rule 1 of that schedule5(2) the lokpal shall, immediately after attachment under sub-section (1), forward a copy of the order, along with the material in his possession, referred to in that sub-section, to the special court, in a sealed envelope, in the manner as may be prescribed and such court may extend the order of attachment and keep such material for such period as the court may deem fit(3) every order of attachment made under sub-section (1) shall cease to have effect after the expiry of the period specified in that sub-section or after the expiry of the period as directed by the special court under sub-section (2)10(4) nothing in this section shall prevent the person interested in the enjoyment of the immovable property attached under sub-section (1) or sub-section (2), from such enjoymentexplanation— for the purposes of this sub-section, "person interested", in relation to any immovable property, includes all persons claiming or entitled to claim any interest in the property15confirmation of attachment of assets34 (1) the lokpal, when it provisionally attaches any property under sub-section (1)of section 33 shall, within a period of thirty days of such attachment, direct its prosecution wing to file an application stating the facts of such attachment before the special court and make a prayer for confirmation of attachment of the property till completion of the proceedings against the public servant in the special court20(2) the special court may, if it is of the opinion that the property provisionally attached had been acquired through corrupt means, make an order for confirmation of attachment of such property till the completion of the proceedings against the public servant in the special court25(3) if the public servant is subsequently acquitted of the charges framed against him, the property, subject to the orders of the special court, shall be restored to the concerned public servant along with benefits from such property as might have accrued during the period of attachment49 of 198830(4) if the public servant is subsequently convicted of the charges of corruption, the proceeds relatable to the offence under the prevention of corruption act, 1988 shall be confiscated and vest in the central government free from any encumbrance or leasehold interest excluding any debt due to any bank or financial institution51 of 1993explanation— for the purposes of this sub-section, the expressions "bank", "debt"and "financial institution" shall have the meanings respectively assigned to them in clauses (d), (g) and (h) of section 2 of the recovery of debts due to banks and financial institutions act, 19933535 (1) where the lokpal, while making an inquiry into allegations of corruption, is prima facie satisfied, on the basis of evidence available, that—(a) the continuance of the public servant referred to in clause (c) or clause (d) of sub-section (1) of section 17 in his post while conducting the inquiry is likely to affect such inquiry adversely; or40power of lokpal to recommend transfer or suspension of public servant connected with allegation of corruption(b) the public servant referred to in clause (a) is likely to destroy or in any way tamper with the evidence or influence witnesses, then, the lokpal may recommend to the central government for transfer or suspension of such public servant from the post held by him till such period as may be specified in the order(2) the central government shall ordinarily accept the recommendation of the lokpal made under sub-section (1), except for the reasons to be recorded in writing in a case where it is not feasible for administrative reasons536 the lokpal may, in discharge of its functions under this act, issue appropriate directions to a public servant entrusted with the preparation or custody of any document or record—| ( | a | ) to protect such document or record from destruction or damage; or ||----------------|-----|-----------------------------------------------------------------------------|| power of | | || lokpal to | | || give | | || directions to | | || prevent | | || destruction of | | || records during | | || inquiry | | || ( | b | ) to prevent the public servant from altering or secreting such document or || record; or | | |10(c) to prevent the public servant from transferring or alienating any assetsallegedly acquired by him through corrupt meanspower to delegate1537 the lokpal may, by general or special order in writing, and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its members or officers or employees as may be specified in the order chapter ix special courts49 of 19882038 (1) the central government shall constitute such number of special courts, as recommended by the lokpal, to hear and decide the cases arising out of the prevention of corruption act, 1988 or under this actspecial courts to be notified by central government(2) the special courts constituted under sub-section (1) shall ensure completion of each trial within a period of one year from the date of filing of the case in the court:25provided that in case the trial cannot be completed within a period of one year, the special court shall record reasons therefor and complete the trial within a further period of not more than three months or such further periods not exceeding three months each, for reasons to be recorded in writing, before the end of each such three months period, but not exceeding a total period of two years2 of 197430letter of request to a contracting state in certain cases3539 (1) notwithstanding anything contained in this act or the code of criminal procedure, 1973 if, in the course of an inquiry or investigation into an offence or other proceeding under this act, an application is made to a special court by the investigation officer of the lokpal that any evidence is required in connection with the inquiry or investigation into an offence or proceeding under this act and he is of the opinion that such evidence may be available in any place in a contracting state, and the special court, on being satisfied that such evidence is required in connection with the inquiry or investigation into an offence or proceeding under this act, may issue a letter of request to a court or an authority in the contracting state competent to deal with such request to—(i) examine the facts and circumstances of the case; (ii) take such steps as the special court may specify in such letter of request; and (iii) forward all the evidence so taken or collected to the special court issuingsuch letter of request(2) the letter of request shall be transmitted in such manner as the central government may prescribe in this behalf(3) every statement recorded or document or thing received under sub-section (1)shall be deemed to be evidence collected during the course of the inquiry or investigation chapter x complaints against chairperson, members and officials of lokpal540 (1) the lokpal shall not inquire into any complaint made against the chairperson or any member(2) any complaint against the chairperson or member shall be made by an application by the party aggrieved, to the presidentcomplaints against chairperson and members not to be inquired by lokpal10(3) the president shall, in case there exists a prima facie case for bias or corruption, make a reference to the chief justice of india in such manner as may be prescribed for inquiring into the complaint against the chairperson or member15(4) the president shall decide the action against the chairperson or member on the basis of the opinion of the chief justice of india and in case the president is satisfied, on the basis of the said opinion that the chairperson or the member is biased or has indulged in corruption, the president shall, notwithstanding anything contained in sub-section (1) of section 8, remove such chairperson or member and also order for initiation of prosecution in case of allegation of corruption2049 of 1988complaints against officials of lokpal41 (1) every complaint of allegation or wrongdoing made against any officer or employee or investigation agency under or associated with the lokpal for offence punishable under the prevention of corruption act, 1988 shall be dealt with in accordance with the provisions of this section (2) the lokpal shall complete the inquiry into the complaint or allegation made, within a period of thirty days from the date of its receipt25 (3) while making an inquiry into the complaint against any officer or employee of the lokpal or agency engaged or associated with the lokpal, if the lokpal is prima facie satisfied on the basis of evidence available, that—(a) continuance of such officer or employee of the lokpal in his post or agency engaged or associated while conducting the inquiry is likely to affect such inquiry adversely; or30(b) an officer or employee of the lokpal or agency engaged or associated is likely to destroy or in any way tamper with the evidence or influence witnesses, then, the lokpal may, by order, suspend such officer or employee of the lokpal or divest such agency engaged or associated with the lokpal of all powers and responsibilities hereto before exercised by it 35(4) on the completion of the inquiry, if the lokpal is satisfied that there is prima facie evidence of the commission of an offence under the prevention of corruption act, 1988 or of any wrongdoing, it shall, within a period of fifteen days of the completion of such inquiry, order to prosecute such officer or employee of the lokpal or such officer or employee of agency engaged or associated with the lokpal and initiate disciplinary proceedings against the official concerned:provided that no such order shall be passed without giving such officer or employee of the lokpal or officer or employee of agency engaged or associated, a reasonable opportunity of being heard chapter xi assessment of loss and recovery thereof by special court549 of 1988assessment of loss and recovery thereof by special court42 if any public servant is convicted of an offence under the prevention of corruptionact, 1988 by the special court, notwithstanding and without prejudice to any law for the time being in force, it may make an assessment of loss, if any, caused to the public exchequer on account of the actions or decisions of such public servant not taken in good faith and for which he stands convicted, and may order recovery of such loss, if possible or quantifiable, from such public servant so convicted:10provided that if the special court, for reasons to be recorded in writing, comes to the conclusion that the loss caused was pursuant to a conspiracy with the beneficiary or beneficiaries of actions or decisions of the public servant so convicted, then such loss may, if assessed and quantifiable under this section, also be recovered from such beneficiary or beneficiaries proportionately chapter xii finance, accounts and audit15budget43 the lokpal shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the lokpal and forward the same to the central government for information20grants by central government44 without prejudice to the provisions of section 16, the central government may,after due appropriation made by parliament by law in this behalf, make to the lokpal grants of such sums of money as are required to be paid for the salaries and allowances payable to the chairperson and members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the lokpal25annual statement of accounts45 (1) the lokpal 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 lokpal shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him30 35(3) the comptroller and auditor-general of india or any person appointed by him inconnection with the audit of the accounts of the lokpal under this act shall have the same rights, privileges and authority in connection with such audit, as the comptroller and auditor-general of india generally has, in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the lokpal(4) the accounts of the lokpal, as certified by comptroller and auditor-general of india or any other person appointed by him in this behalf, together with the audit report thereon, shall be forwarded annually to the central government and the central government shall cause the same to be laid before each house of parliament40furnishing of returns, etc, to central government46 (1) the lokpal 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 request, such returns and statements and such particulars in regard to any matter under the jurisdiction of the lokpal, as the central government may, from time to time, require45(2) the lokpal shall prepare, once every year, in such form and at such time as may beprescribed, an annual report, giving a summary of its activities during the previous year and copies of the report shall be forwarded to the central government(3) a copy of the report received under sub-section (2) shall be laid by the central government, as soon as may be after it is received, before each house of parliament chapter xiii declaration of assetsdeclaration of assets47 (1) every public servant shall make a declaration of his assets and liabilities in themanner as provided by or under this act5(2) every public servant shall, within a period of thirty days from the date on which he makes and subscribes an oath or affirmation to enter upon his office, furnish to the competent authority the information relating to—| ( | a | ) the assets of which he, his spouse and his dependent children are, jointly or ||-------------------------------------|-----|-----------------------------------------------------------------------------------|| severally, owners or beneficiaries; | | || 10 | | || ( | b | ) his liabilities and that of his spouse and his dependent children |(3) every public servant holding his office as such, at the time of the commencement of this act, shall furnish information relating to such assets and liabilities, as referred to in sub-section (2) to the competent authority within thirty days of the coming into force of this act15(4) every public servant shall file with the competent authority, on or before the31st july of every year, an annual return of such assets and liabilities, as referred to in sub-section (2), as on the 31st march of that year20(5) the information under sub-section (2) or sub-section (3) and annual return under sub-section (4) shall be furnished to the competent authority in such form and in such manner as may be prescribed(6) the competent authority in respect of each office or department shall ensure that all such statements are published on the website of such office or department by 31st august of that year25explanation— for the purposes of this section, "dependent children" means sons and daughters who have no separate means of earning and are wholly dependent on the public servant for their livelihood48 if any public servant wilfully or for reasons which are not justifiable, —(a) fails to declare his assets; or30presumption as to acquisition of assets by corrupt means in certain cases(b) gives misleading information in respect of such assets and is found to be in possession of assets not disclosed or in respect of which misleading information was furnished, then such assets shall, unless otherwise proved, be presumed to belong to the public servant and shall be presumed to be assets acquired by corrupt means:35provided that the competent authority may condone or exempt the public servant from furnishing information in respect of assets not exceeding such minimum value as may be prescribed chapter xiv offences and penalties4049 (1) notwithstanding anything contained in this act, whoever makes any false and frivolous or vexatious complaint under this act shall, on conviction, be punished with imprisonment for a term which shall not be less than two years but which may extend to five years and with fine which shall not be less than twenty-five thousand rupees but which may extend to two lakh rupees prosecution for false complaint and payment of compensation, etc, to public servant45(2) no court, except a special court, shall take cognizance of an offence under sub-section (1) (3) no special court shall take cognizance of an offence under sub-section (1) except on a complaint made by a person against whom the false, frivolous or vexatious complaint was made 5(4) the prosecution in relation to an offence under sub-section (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the central government 10(5) in case of conviction of a person [being an individual or society or association of persons or trust (whether registered or not)], for having made a false complaint under this act, such person shall be liable to pay compensation to the public servant against whom he made the false complaint in addition to the legal expenses for contesting the case by such public servant, as the special court may determine15false complaint made by society or association of persons or trust50 (1) where any offence under section 49 has been committed by any society or association of persons or trust (whether registered or not), every person who, at the time the offence was committed, was directly in charge of, and was responsible to, the society or association of persons or trust, for the conduct of the business or affairs or activities of the society or association of persons or trust as well as such society or association of persons or trust shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:20provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence25(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a society or association of persons or trust (whether registered or not) 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 such society or association of persons or trust, 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 chapter xv30 miscellaneous 51 no suit, prosecution or other legal proceedings under this act shall lie against any public servant, in respect of anything which is done in good faith or intended to be done in the discharge of his official functions or in exercise of his powersprotection of action taken in good faith by any public servant35protection of action taken in good faith by others52 no suit, prosecution or other legal proceedings shall lie against the lokpal oragainst any officer, employee, agency or any person, in respect of anything which is done in good faith or intended to be done under this act or the rules or the regulations made thereunder4053 the chairperson, members, officers and other employees of the lokpal shall bedeemed, when acting or purporting to act in pursuance of any of the provisions of this act, to be public servants within the meaning of section 21 of the indian penal code45 of 1860members, officers and employees of lokpal to be public servants limitation to apply incertain cases54 the lokpal shall not inquire or investigate into any complaint, if the complaint is made after the expiry of a period of seven years from the date on which the offence mentioned in such complaint is alleged to have been committed45bar of jurisdiction55 no civil court shall have jurisdiction in respect of any matter which the lokpal isempowered by or under this act to determinelegal assistance56 the lokpal shall provide to every person against whom a complaint has been made, before it, under this act, legal assistance to defend his case before the lokpal, if such assistance is requested for5act to have overriding effect57 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any enactment other than this act or in any instrument having effect by virtue of any enactment other than this act58 the provisions of this act shall be in addition to, and not in derogation of, any other law for the time being in forceprovision of this act to be in addition to other laws10 59 the enactments specified in the second schedule shall be amended in the manner specified thereinamendment of certain enactmentspower to make rules60 (1) the central government may, by notification make rules to carry out the provisions of this act(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—15(a) the form of complaint referred to in clause (d) of sub-section (1) of section 2;(b) the term of the search committee, the fee and allowances payable to its members and the manner of selection of panel of names under sub-section (5) of section 4;20(c) the procedure of inquiry into misbehaviour for removal of the chairperson orany member under sub-section (1) of section 8;(d) the post or posts in respect of which the appointment shall be made after consultation with the union public service commission under the proviso to subsection (1) of section 11;25(e) other matters for which the lokpal shall have the powers of a civil court under clause (vi) of sub-section (1) of section 31;(f) the manner of sending the order of attachment along with the material to thespecial court under sub-section (2) of section 33;(g) the manner of transmitting the letter of request under sub-section (2) ofsection 39;30(h) the manner of making reference to the chief justice of india under subsection (3) of section 40;(i) the form and the time for preparing in each financial year the budget for the next financial year, showing the estimated receipts and expenditure of the lokpal under section 43;35(j) the form for maintaining the accounts and other relevant records and the form of annual statement of accounts under sub-section (1) of section 45;(k) the form and manner and the time for preparing the returns and statements along with particulars under sub-section (1) of section 46;40(l) the form and the time for preparing an annual report giving a summary of itsactivities during the previous year under sub-section (2) of section 46;(m) the form of annual return to be filed by a public servant under sub-section (5)of section 47;(n) the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 48;(o) any other matter which is to be or may be prescribed5 61 (1) subject to the provisions of this act and the rules made thereunder, the lokpalmay, by notification make regulations to carry out the provisions of this actpower of lokpal 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:—10(a) the conditions of service of the secretary and other officers and staff of thelokpal and the matters which in so far as they relate to salaries, allowances, leave or pensions, require the approval of the president under sub-section (2) of section 11;(b) the place of sittings of benches of the lokpal under clause (f) ofsub-section (1) of section 19;15(c) the manner for displaying on the website of the lokpal, the status of allcomplaints pending or disposed of along with records and evidence with reference thereto under sub-section (13) of section 23;(d) the manner and procedure of conducting an inquiry or investigation undersub-section (15) of section 23;(e) any other matter which is required to be, or may be, specified under this act20laying of rules and regulations2562 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, 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 regulation30power to remove difficulties63 (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 such order shall be made under this section after the expiry of a period of two years from the commencement of this act35(2) every order made under this section shall be laid, as soon as may be after it is made,before each house of parliamentthe first schedule[see section 3(5)]5i, ab……………………………, having been appointed chairperson (or a member) of the lokpal, do swear in the name of god/solemnly affirm that i will bear true faith and allegiance to the constitution of india as by law established, that i will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will the second schedule (see section 59) amendment to certain enactments part i5 amendment to the commissions of inquiry act, 1952 (60 of 1952)amendment of section 3 in section 3, in sub-section (1), for the words "the appropriate government may", the words and figures "save as otherwise provided in the lokpal act, 2011, the appropriate government may" shall be substituted part ii 10 amendments to the prevention of corruption act, 1988 (49 of 1988)amendment of section 131 in section 13, in sub-section (2), for the words "seven years", the words "ten years"shall be substituted152 in section 14, for the words "seven years", the words "ten years" shall be substitutedamendment of section 14amendment of section 193 in section 19, in sub-section (1), after the words "except with the previous sanction", the words and figures "save as otherwise provided in the lokpal act, 2011" shall be inserted part iii20 amendment to the code of criminal procedure, 1973 (2 of 1974)in section 197, after the words "except with the previous sanction", the words and figures "save as otherwise provided in the lokpal act, 2011" shall be insertedamendment of section 197 statement of objects and reasonsthe need to have a strong and effective institution of lokpal has been felt for quite sometime the administrative reforms commission, in its interim report on the "problems of redressal of citizens' grievances" submitted in 1966, inter alia, recommended the setting up of an institution of lokpal at the centre in this regard to give effect to this recommendation of the administrative reforms commission, eight bills on lokpal were introduced in the lok sabha in the past, namely in the years 1968, 1971, 1977, 1985, 1989, 1996, 1998 and 2001 however, these bills had lapsed consequent upon the dissolution of the respective lok sabha except in the case of 1985 bill which was withdrawn after its introduction2 a need has been felt to constitute a mechanism for dealing with complaints on corruption against public functionaries in high places in this regard, the central government constituted a joint drafting committee (jdc) on 8th april, 2011 to draft a lokpal bill3 based on the deliberations and having regard to the need for establishing a strong and effective institution of lokpal to inquire into allegations of corruption against certain public functionaries, it has been decided to enact a stand alone legislation, inter alia, to provide for the following matters, namely:—(i) to establish an institution of lokpal with a chairperson and eight members of which fifty per cent shall be judicial members;(ii) to set up lokpal's own investigation wing and prosecution wing with such officers and employees as felt by it to be necessary;(iii) the category of public functionaries against whom allegations of corruption are to be inquired into, namely:—(a) a prime minister, after he has demitted office; (b) a minister of the union; (c) a member of parliament; (d) any group "a" officer or equivalent; (e) a chairperson or member or officer equivalent to group "a" in any body, board, corporation, authority, company, society, trust, autonomous body established by an act of parliament or wholly or partly financed or controlled by the central government;(f) any director, manager, secretary or other officer of a society or association of persons or trust wholly or partly financed or aided by the government or in receipt of any donations from the public and whose annual income exceeds such amount as the central government may by notification specify but the organisations created for religious purposes and receiving public donations would be outside the purview of the lokpal (iv) to provide for a mechanism to ensure that no sanction or approval under section 197 of the code of criminal procedure, 1973 or section 19 of the prevention of corruption act, 1988, will be required in cases where prosecution is proposed by the lokpal;(v) to confer on the lokpal the power of search and seizures and certain powers of a civil court;(vi) to empower the lokpal or any investigation officer authorised by it in this behalf to attach property which, prima facie, has been acquired by corrupt means;(vii) to lay down a period of limitation of seven years from the date of commission of alleged offence for filing the complaints before the lokpal;(viii) to confer powers of police upon lokpal which the police officers have in connection with investigation; (ix) to charge the expenses of lokpal on the consolidated fund of india; (x) to utilise services of officers of central or state government with the consent of the state government for the purpose of conducting inquiry; (xi) to recommend transfer or suspension of public servants connected with allegation of corruption;(xii) to constitute sufficient number of special courts as may be recommended by the lokpal to hear and decide the cases arising out of the prevention of corruption act, 1988 under the proposed enactment;(xiii) to make every public servant to declare his assets and liabilities, and in case of default or furnishing misleading information, to presume that the public servant has acquired such assets by corrupt means;(xiv) to provide for prosecution of persons who make false or frivolous or vexatious complaints 4 the notes on clauses explain in detail the various provisions contained in the bill 5 the bill seeks to achieve the above objects v narayanasamynew delhi;the 1st august, 2011 ———— president's recommendation under article 117 of the constitution of india[copy of letter no 40407/44/2011-avd iv, dated the 1st august, 2011 from shri v narayanasamy, minister of state in the ministry of personnel, public grievances and pensions to the secretary-general, lok sabha]the president, having been informed of the subject matter of the lokpal bill, 2011recommends the introduction and consideration of the bill in lok sabha under article 117(1) and (3) of the constitution notes on clausesclause 1 - this clause of the bill seeks to provide for the short title, extent and commencement of the proposed lokpal legislation it provides that it shall come into force on such date as the central government may appoint by notification in the official gazette and the central government may appoint different dates for different provisions of the proposed legislationclause 2— this clause defines the various expressions used in the bill which, inter alia, include the expressions - "bench", "competent authority", "complaint", "inquiry","judicial member", "lokpal", "member", "minister", "public servant", "special court", etc the court of special judge appointed under sub-section (1) of section 3 of the prevention of corruption act, 1988 shall be the special courtsub-clause (3) of the aforesaid clause provides that any reference in the proposed legislation to any other act or provision thereof which is not in force in any area to which the proposed legislation applies shall be construed to have a reference to the corresponding act or provision thereof in force in such areaclause 3— this clause seeks to provide for the establishment of lokpal consisting of a chairperson and eight members it also provides that fifty per cent of the members shall be judicial members the chairperson shall be a person who is or has been the chief justice or a judge of the supreme court the judicial member shall be a person who is or has been, the judge of the supreme court or the chief justice of a high court the members shall be the persons who are of impeccable integrity, outstanding ability and standing having special knowledge and experience of not less than twenty-five years in the matters relating to anti-corruption policy, public administration, vigilance, finance including insurance and banking, law and management it further provides that the chairperson or a member of the lokpal shall not be a member of parliament or a member of a legislature of any state or union territory and shall not hold any office of trust or profit or be connected with any political party or carry on own business or practice any professionit further provides that the person appointed as chairperson or a member before he enters upon his office shall resign from the office of trust or profit held by him or sever his connection with the conduct and management of any business carried on by him or cease to practice if he is practicing any professionclause 4— this clause provides for appointment of chairperson and other members and constitution of a selection committee for that purpose the chairperson and members shall be appointed after obtaining the recommendations of a selection committee consisting of the prime minister, the speaker of the house of the people, the leader of opposition in the house of the people, the leader of opposition in the council of states, one union cabinet minister, one sitting judge of the supreme court, one sitting judge of a high court nominated by the chief justice of india, one eminent jurist and one person of eminence in public life with wide knowledge and experience in anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law or management to be nominated by the central government for the purpose of selecting the chairperson and other members of the lokpal and for preparing a panel of persons to be considered for appointment, the selection committee may constitute a search committee consisting of such persons of standing having special knowledge and expertise in the matters relating to anti-corruption policy, public administration, vigilance, policy making, finance including insurance and banking, law and management or in any other matter which in the opinion of the selection committee may be useful for making the selection of a chairperson and members of the lokpalclause 5 - this clause provides that all necessary steps for appointment of a new chairperson or members shall be taken at least three months before the expiry of the term of such chairperson or member, as the case may be, in accordance with the procedure laid down in the proposed legislationclause 6 - this clause deals with the terms of office of the chairperson and membersit provides that the chairperson and every member shall be appointed by the president by warrant under his hand and seal and hold office as such for a term not exceeding five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlierclause 7 - this clause deals with salary, allowances and other conditions of services of chairperson and members it provides that the salary, allowances and other conditions of services of the chairperson shall be the same as that of a chief justice of india the salary, allowances and other conditions of services of the members shall be the same as that of a judges of the supreme court further, after a person is appointed as a chairperson or a member, his conditions of service, allowances and pension payable to him shall not be varied to his disadvantageclause 8 - this clause provide for the removal and suspension of chairperson and members of the lokpal the chairperson and members may be removed from his office by an order of the president on the ground of misbehaviour after the supreme court held an inquiry in accordance with a prescribed procedure on a reference being made to it by the president suo motu, or on a petition of at least one hundred members of parliament or on a petition of a citizen referred to the supreme court by the presidentsub-clause (2) provides that the chairperson or a member in respect of whom a reference has been made to the supreme court may be suspended by the president until orders on receipt of a report from the supreme court on the reference made to it sub-clause (3) provides that the chairperson or any member may be removed from office if he is adjudged as insolvent or if, during his term of office engages in paid employment outside his duties or if in the opinion of the president, unfit to continue in office by reason of infirmity of mind or body sub-clause (4) provides certain grounds in which the chairperson or member shall be deemed to be guilty of misbehaviourclause 9 - this clause provides for restriction on employment by chairperson and members after ceasing to hold the office it provides that the chairperson or member shall not be eligible for reappointment in the lokpal or any diplomatic assignment or appointment as administrator of union territory or further employment to any other office of profit it also provides that the chairperson and members of lokpal shall be ineligible to contest any election of president or vice-president or member of either house of parliament or member of either house of a state legislature or municipality or panchayat within a period of five years from the date of relinquishing the post however, a member shall be eligible to be appointed as a chairperson if his total tenure as member and chairperson does not exceed five yearsclause 10 - this clause seeks to provide that in the event of occurrence of any vacancy in the office of chairperson, by reason of his death, resignation or otherwise, the president may authorise the senior-most member to act as the chairperson until a new chairperson is appointed to fill the vacancy and when a chairperson is unable to discharge his functions owing to absence or leave or otherwise, the president may authorise the senior-most member to discharge his functionsclause 11 - this clause seeks to provide that the secretary or other officers and staff of the lokpal shall be appointed by the chairperson or the member or officer of lokpal as the chairperson may direct the president may make rules that the appointment in respect of any post or posts shall be made after consultation with the union public service commissionclause 12 - this clause provides for setting up of an investigation wing of the lokpal for the purpose of conducting investigation of any offence alleged to have been committed by a public servant punishable under the prevention of corruption act, 1988 it further provides that till such time the investigation wing is constituted by the lokpal, the central government will make available the services of its investigation officers and other staff required by the lokpal it also provides for extension of powers and jurisdiction of officers of the investigation wing of the lokpal to the states with the consent of the concerned state government and on such extension the members of the investigation wing of the lokpal will have jurisdiction and powers under certain provisions of the delhi special police establishment act, 1946 to act as if they were members of the police force of the concerned stateclause 13 - this clause stipulates that the investigating officers shall be of the rank of deputy superintendent of police or any other officer of equivalent rankclause 14 - this clause lays down that the lokpal may require the investigating officer of its investigation wing to make a preliminary investigation and submit a report within a specified time so as to specify itself as to whether or not the matter requires to be inquired into further by the lokpalclause 15 - this clause seeks to provide that the lokpal may constitute a prosecution wing under a director of prosecution with such other officers and employees as required to assist him for the purpose of prosecution of public servants in relation to offences punishable under the prevention of corruption act, 1988, such prosecution shall be on complaints to be made by the lokpal before the special courtclause 16 - this clause lays down that the expenses of the lokpal including salaries, allowances and pensions payable to or in respect of chairperson, members, secretary or other officers or staff of the lokpal shall be charged on the consolidated fund of india it also provides that any fees or other moneys taken by the lokpal shall form part of the consolidated fund of indiaclause 17 - this clause deals with the jurisdiction of lokpal sub-clause (1) seeks to provide that the lokpal shall inquire into any matter involved in or arising from or connected with any allegation of corruption made in a complaint in respect of prime minister, after he has demitted the office of the prime minister, a minister, a member of either house of parliament, any group "a" officer or equivalent or above from against the public servants as defined in sub-clauses (i) and (ii) of clause (c) of section 2 of the prevention of corruption act, 1988 who was serving or has served in connection with the affairs of the union, and chairperson or member or officers of certain boards, corporations, authority, company, society, trust, etc established by an act of parliament or wholly or partly financed or controlled by the central government; director, manager, secretary or other officers of certain societies, association of persons etc and director, manager, secretary or other officer of every other society, etc wholly or partly financed or aided by the government and the annual income of which exceeds such amount as may be notified by the central government which are for non-religious purpose and are in receipt of public donations however, the various offices held by the prime minister shall not come within the purview of this provisionsub-clause (2) provides that the lokpal shall not inquire into any matter against any member of either house of parliament in respect of anything said or vote given by him in parliament or any committee thereof covered under the provisions of clause (2) of article 105 of the constitutionsub-clause (3) provides that the lokpal may inquire into any act or conduct of any person if such person is associated with the allegation of corruption under the prevention of corruption act, 1988sub-clause (4) seeks to provide that in the matters in respect of which a complaint has been made under the proposed legislation shall not be referred for inquiry under the commissions of inquiry act, 1952 the explanation to clause 17 clarifies that a complaint under the proposed legislation shall relate only to a period during which the public servant was holding or serving as a public servantclause 18 - this clause lays down that matters pending before any court or committee or authority prior to commencement of the proposed legislation shall be continued before such court, committee or authority, as the case may be however, such continuance of proceedings will not affect the powers of the lokpal to inquire into such matter under the proposed legislationclause 19 - this clause seeks to provide that the jurisdiction of the lokpal may be exercised by benches thereof a bench of the lokpal may be constituted by the chairperson with two or more members every bench shall ordinarily consist of at least one judicial member in it the benches of lokpal shall ordinarily be at new delhi and at such places as the lokpal may, by regulations, specifyclause 20 - this clause seeks to empower the chairperson to distribute the business of lokpal amongst its benches and also specify the matters which may be dealt with by each benchclause 21 - this clause seeks to provide that the chairperson may transfer any case pending before one bench for disposal to any other bench on receipt of an application for such transfer from the complainant or the public servantclause 22 - this clause seeks to provide that the decision of the lokpal shall be according to the opinion of the majority of the members of lokpal however, if the members of a bench consisting of two members differ in opinion on any point or points shall be referred to the chairperson the chairperson may either hear such point or points himself or refer the same for hearing by one or more other member and it shall be decided accordingly to the opinion of the majority of the members who have heard the case including those who first heard itclause 23 - this clause makes provision relating to complaint and inquiry and investigation by lokpal it provides that on receipt of a complaint, the lokpal may either make preliminary inquiry or direct its investigation wing to make a preliminary inquiry to ascertain whether there exist a prima facie case for proceeding in the matter a preliminary inquiry or preliminary investigation should ordinarily be completed within thirty days however, this period could be extended for a further period of three months from the date of receipt of the complaint after recording the reasons for extension it also provides that in cases where the lokpal is of the opinion that it is not in the interest of justice to either hold preliminary inquiry or preliminary investigation it may for reasons to be recorded in writing refer the matter for investigation sub-clause (4) provides that the lokpal before coming to a conclusion in the course of a preliminary inquiry that a prima facie case is made out against a public servant, the lokpal shall give an opportunity to the public servant of being heard it further provides that where the lokpal is of the opinion that prima facie case is made out against the public servant, the public servant against whom such investigation is being conducted shall be given an opportunity to be heard before filing the charge sheetclause 24 - this clause seeks to provide that the persons against whom any inquiry or investigation is proposed to be conducted shall be allowed to inspect any record in connection with the commission of any alleged office which are necessary for him to defend his case and take extracts therefromclause 25 - this clause provides that persons likely to be prejudicially affected are to be provided a reasonable opportunity of being heard in the inquiry and to produce evidence in his defence consistent with the principles of natural justice however, this will not apply where the credibility of a witness is being questionedclause 26 - this clause seeks to provide that lokpal may require any public servant or any other person to furnish information or produce documents relevant to inquiry or investigationclause 27 - this clause makes provision that no previous sanction or approval shall be required by the lokpal or its investigation wing under section 197 of the code of criminal procedure, 1973 or section 19 of the prevention of corruption act, 1988clause 28 - this clause makes provision for the action to be taken by the lokpal on conclusion of inquiry or investigation in relation to public servants who are not ministers or members of parliament it further provides that on conclusion of inquiry or investigation, where it is found that there is commission of offence under the prevention of corruption act, 1988 by a public servant, the lokpal may file a case in the special court and send a copy of the report and its findings to the competent authority, recommend to the competent authority initiation of disciplinary proceedings and also provide a copy of the report to the public servant or his representativeclause 29 - this clause makes provision for action to be taken by the lokpal on conclusion of inquiry or investigation against public servants being ministers or members of parliament it provides that where the commission of offence under prevention of corruption act, 1988 by such public servants has taken place, the lokpal may file a case in the special court and send a copy of the report along with its findings to the competent authority as defined in the proposed legislation it also provides that the competent authority shall examine the report and communicate to the lokpal within a period of ninety days from the date of receipt of the report, the action taken or proposed to be taken on the basis of the report however, in computing the period of ninety days, the period during which the parliament will not be in session shall be excludedclause 30 - this clause seeks to confer power of search and seizure of documents on the lokpalclause 31 - this clause provides that the lokpal shall have all the powers of a civil court in certain matters and the proceedings before the lokpal shall be deemed to be judicial proceedings within the meaning of section 193 of the indian penal codeclause 32 - this clause seeks to make provision that the lokpal may utilize the services of any officer or investigating agency of the central government or the state government, as the case may be it also enables the lokpal to confer certain powers on such officersclause 33 - this clause makes provision for provisional attachment of assets by the lokpal or any investigation officer authorised by it if such assets are any proceeds of corruptionclause 34 - this clause makes provision for confirmation of provisional attachment of assets made by the lokpal under clause 33 by the special courtclause 35 - this clause seeks to provide that the lokpal may recommend transfer or suspension of any public servant connected with allegation of corruption this clause also provides that ordinarily the recommendation of the lokpal shall be accepted by the governmentclause 36 - this clause seeks to provide that the lokpal may give directions to prevent destruction of records during inquiryclause 37 - this clause provides that the lokpal may, by general or special order in writing, and subject to such conditions and limitations as may be specified therein, direct that any administrative or financial power conferred on it may also be exercised or discharged by such of its members or officers or employees as may be specified in the orderclause 38 - this clause provides for constitution of special courts by the central government as recommended by the lokpal to hear and decide the cases arising out of the prevention of corruption act, 1988 or under the proposed legislation it also provides that the special courts shall ensure completion of each trial within a period of one year from the date of filing the case in the court however, in case the trial cannot be completed within a period of one year, the special court shall record reasons therefor and complete the trial within a further period of not more than three months or such further periods not exceeding three months each, for reasons to be recorded in writing, before the end of each such three months period, but not exceeding a total period of two yearsclause 39— this clause makes provision for issue of letter of request to a court or an authority in the contracting state in certain casesclause 40—this clause makes provisions for handling of complaints against the chairperson and members of the lokpalclause 41 - this clause provides for the provisions for dealing the complaints against officials of lokpalclause 42 - this clause provides that when a public servant has committed an offence under the prevention of corruption act, 1988, the special court may make an assessment of loss, if any, caused to the public exchequer on account of actions or decisions of such public servant not taken in good faith and for which he stands convicted, and may order recovery of such lossesclause 43 - this clause seeks to provide that the lokpal shall prepare its budget showing the estimated receipts and expenditure of the lokpal and forward the same to the central government for interventionclause 44 - this clause provides that without prejudice to the provisions of clause16, the central government may make grants of such sums of money to the lokpal as are required to be paid for salaries and allowances payable to the chairperson and members and the administrative expenses, including the salaries and allowances and pension payable to or in respect of officers and other employees of the lokpalclause 45 - this clause provides for maintaining the accounts and other relevant records and annual statement of accounts by the lokpal it further provides that accounts of the lokpal shall be audited by the comptroller and auditor general of india it also provides that the accounts of lokpal together with the audit report thereon shall be forwarded annually to the central government and the central government shall lay the same before each house of parliamentclause 46 - this clause provides that the lokpal shall furnish to the central government such returns or statements and such particulars with regard to any matter under the jurisdiction of lokpal as the central government may prescribe from time to timeclause 47 - this clause provides that the public servants shall make a declaration of their assets and liabilities in the manner as provided in this actclause 48 - this clause provides that any wilful failure on the part of a public servant to declare his assets shall amount to presumption that the assets have been acquired by corrupt meansclause 49 - this clause provides that if any person makes false or frivolous or vexatious complaint under this act, he shall be liable for prosecution and on conviction he may be punished with imprisonment for a minimum term of two years and a maximum term of five years and with fine minimum of which shall be twenty-five thousand rupees and maximum of two lakh rupeesclause 50 - this clause provides that if false complaint is made by the society or association of persons or trust, in that case every person who, at the time of commission of offence, was directly in-charge of the affairs or activities of such society etc shall be deemed to be guilty of the offence under clause 48 and liable for punishmentclause 51 - this clause provides for protection of public servant from legal proceedings, etc, for the action taken in good faithclause 52 - this clause provides for the protection of action taken in good faith by lokpal, any officer, employee, agency or any person in respect of anything done or intended to be done under the proposed legislation or the rules or regulations made thereunderclause 53 - this clause provides that the chairperson, members, officers and other employees of the lokpal shall be public servants within the meaning of section 21 of the indian penal codeclause 54 - this clause lays down the period of limitation for filing of complaints before the lokpal as seven years from the date of commission of the alleged offenceclause 55 - this clause provides that no civil court shall have jurisdiction in the matters for which lokpal is empowered under the proposed legislationclause 56 - this clause provides that legal assistance for defending a case before the lokpal shall be provided to every person against whom complaint has been made before it, if such assistance is requested forclause 57 - this clause seeks to provide that the provisions of the proposed legislation shall have overriding effectclause 58 - this clause provides that the provisions of the proposed legislation shall be in addition to any other law for the time being in forceclause 59 - this clause seeks to amend certain enactments as specified in second schedule to the proposed legislationclause 60 - this clause seeks to empower the central government to make rules for carrying out the provisions of the proposed legislation sub-clause (2) of the said clause enumerates the various matters in respect of which such rules may be madeclause 61 - this clause seeks to confer power on the lokpal to make regulations for carrying out the provisions of the proposed legislation consistent with the provisions of the proposed legislation and the rules made by the central government under clause 60 sub-clause (2) enumerates the various matters in respect of which such regulations may be madeclause 62 - this clause provides that every rule and every regulation made under the proposed legislation shall be laid before each house of parliamentclause 63 - this clause relates to the power of the central government to remove difficulties in case any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may make such provisions as may be necessary in removing the difficulties by order published in the official gazette however, no such order shall be made under this clause after the expiry of a period of two years from the commencement of the proposed legislation and every such order shall also be required to be laid before each house of parliamentthe first schedule to the proposed legislation lays down the form of oath or affirmation which may be taken by any person before entering upon the office of chairperson or member of the lokpalthe second schedule contains the details of amendments in certain enactments which are consequential to the enactment of the proposed legislation financial memorandum sub-clause (1) of clause 3 of the bill provides for the establishment of an institution to be called the lokpal for the purpose of making inquiries in respect of complaints as may be made under the proposed legislation2 sub-clause (2) of clause 3 provides for the appointment of the lokpal consisting of a chairperson and eight members clause 7 of the bill envisages that the salary, allowances and other conditions of service of, the chairperson of the lokpal shall be the same as those of the chief justice of india and the members as those of the judges of the supreme court this clause also provides that the salary payable to the chairperson and members shall be reduced by any pension and pension equivalent to other pensionary benefits to which the member may be entitled to in respect of any previous service under the government of india or under the government of a state3 clause 11of the bill provides for the appointment of a secretary and such other officers and employees for the lokpal sub-clause (2) of the said clause provides that the conditions of service of secretary and other officers and staff of the lokpal shall be such as may be specified by regulations made by the lokpal for the purpose4 sub-clause (1) of clause 12 provides that the lokpal shall constitute an investigation wing for the purpose of conducting investigation of any offence alleged to have been committed by a public servant punishable under the prevention of corruption act, 1988 sub-clause (1) of clause 15 of the bill provides that the lokpal shall constitute a prosecution wing under a director of prosecution and such other officers and staff for the purpose of prosecution of public servants in relation to any complaint by the lokpal sub-clause (1) of clause 32 empowers the lokpal to utilise the services of any officer or investigating agency of the central government or any state government for the purpose of conducting any inquiry5 clause 16 of the bill provides that the expenses of the lokpal including the salaries, allowances and pensions payable to or in respect of the chairperson, members or secretary or other officers or staff of the lokpal shall be charged on the consolidated fund of india and any fees and other moneys taken by the lokpal shall form part of that fund6 at this stage, it is not possible to give precise details of the expenditure to be incurred on the lokpal it is, however, expected that the bill, if enacted and brought into operation, would involve a non-recurring expenditure of fifty crores of rupees and a recurring expenditure of hundred crores of rupees in a financial year in case it becomes necessary to construct a building to house the establishment of the lokpal, additional expenditure of a non-recurring nature of the order four hundred crores of rupees may also be involved7 the bill, if enacted, is not likely to involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 60 of the bill empowers the central government to make rules for the purpose of carrying out the provisions of the proposed legislation sub-clause (1) of the said clause specifies the various matters in respect of which the rules may be made these matters, inter alia, relate to the form of complaint referred to in clause (d) of sub-section (1) of section 2; the term of search committee, fee and allowances payable to the members of search committee and the manner of selection of panel of names; procedure of inquiry into misbehaviour for removal of the chairperson or any member; the posts in respect of which appointments shall be made after consultation with the union public service commission; matters for which the lokpal shall have the powers of a civil court; the manner of sending an order of attachment to a special court; the manner of transmitting the letter of request under sub-section (2) of section 39; the manner of making reference to the chief justice of india; the form and the time for preparing the budget; the form for maintaining accounts and other relevant records and the form of annual statement of accounts; the form and manner and time for preparing the returns and statements under sub-section (1) of section 46; the form and the time for preparing the annual report; the form of annual return to be filed by a public servant under sub-section (5) of section 47; the minimum value for which the competent authority may condone or exempt a public servant from furnishing information in respect of assets under the proviso to section 482 clause 61 of the bill empowers the lokpal to make, by notification, 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 lokpal may make regulations, inter alia, include the conditions of service of the secretary and other officers and staff of the lokpal and the matters which in so far as relate to salaries, allowances, leave or pensions, the place of sittings of benches of the lokpal, the manner for displaying the status of all complaints pending or disposed of on the website of the lokpal, and the manner and procedure of conducting an inquiry or investigation3 the rules and regulations made under the proposed legislation shall be required to be laid before each house of parliament4 the matters in respect of which rules or regulations may be made under the proposedlegislation 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 annexure extract from the commissions of inquiry act, 1952 (60 of 1952) appointment of commission3 (1) the appropriate government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by each house of parliament or, as the case may be, the legislature of the state, by notification in the official gazette, inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the commission so appointed shall make the inquiry and perform the functions accordingly:provided that where any such commission has been appointed to inquire into any matter—(a) by the central government, no state government shall, except with the approval of the central government, appoint another commission to inquire into the same matter for so long as the commission appointed by the central government is functioning;(b) by a state government, the central government shall not appoint another commission to inquire into the same matter for so long as the commission appointed by the state government is functioning, unless the central government is of opinion that the scope of the inquiry should be extended to two or more states ________ extract from the prevention of corruption act, 1988 (49 of 1988) 13 (1) criminal misconduct by a public servant(2) any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine 14 whoever habitually commits—(a) an offence punishable under section 8 or section 9; or (b) an offence punishable under section 12, habitual committing of offence under sections 8, 9 and 12shall be punishable with imprisonment for a term which shall be not less than two years but which may extend to seven years and shall also be liable to fine chapter v sanction for prosecution and other miscellaneous provisions19 (1) no court shall take cognizance of an offence punishable under sections 7, 10,11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanctions,—previous sanction necessary for prosecution(a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government;(b) in the case of a person who is employed in connection with the affairs of a sate and is not removable from his office save by or with the sanction of the state government, of that government;(c) in the case of any other person, of the authority competent to remove him from his office _______extract from the code of criminal procedure, 1973(2 of 1974) prosecution of judges and public servants197 (1) when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction—(a) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the union, of the central government;(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a state, of the state government : provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a proclamation issued under clause (1) of article 356 of the constitution was in force in a state, clause (b) will apply as if for the expression "state government" occurring therein, the expression "central government" were substituted ————— a billto provide for the establishment of the institution of lokpal to inquire into allegations of corruption against certain public functionaries and for matters connected therewith or incidental thereto—————(shri v narayanasamy, minister of state in the ministry of personnel, public grievances and pensions)

Parliament_bills

d642b963-f19c-581e-b980-e27dfe0552f1

bill no 128 of 2014 the farmers (old age pension) bill, 2014 byshri om prakash yadav, mp a billto provide for old age pension to small and marginal farmers and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the farmers (old age pension) act, 2014(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 in this act, unless the context otherwise requires,—(i) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(ii) "farmer" means a person possessing agricultural land measuring not more than five acres and has no income from any source other than agriculture;(iii) "fund" means the farmers' old age pension fund constituted under section 3; and(iv) "prescribed" means prescribed by rules made under this act3 (1) the central government shall constitute a fund to be known as the farmers'old age pension fund for the purpose of payment of old age pension to farmers10constitution of the farmers' old agepension fund(2) the central government and the state governments shall contribute to the fundin such ratio as may be prescribedmaintenance of register of farmers154 (1) the appropriate government shall within six months from the commencement ofthis act, provide for maintenance of a register of farmers in every district with such details in such manner as may be prescribed(2) the appropriate government shall forward the details of farmers registered under sub-section (1) to the central government from time to time5 the central government shall release monies out of the fund to the appropriate government on the basis of information received under section 4release of funds to the appropriate government20entitlement of pension6 (1) every farmer who has attained the age of sixty years and registered withappropriate government shall be entitled to a monthly old age pension which shall be equivalent to thirty times the daily wages prevalent in the state in which the farmer resides(2) the old age pension shall be paid to farmers through nationalized banks7 the central government may give such directions to the state governments as itmay think necessary for the purposes of this act25directions to the state governments powers to make rules8 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the 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 form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsagriculture is the mainstay of the livelihood of our rural population and it contributes immensely towards the growth of our national economy but the living conditions of majority of small and marginal farmers have not improved over the years they live in abject poverty when they attain old age, their sufferings increase as they are not in a position to do any work the large chunk of these farmers own only a few acres of land and since the yield depends upon vagaries of weather, they always live hand to mouth therefore, it is necessary to provide some social security in the form of old age pension to the farmershence this billnew delhi;om prakash yadavnovember 3, 2014 financial memorandumclause 3 of the bill provides for constitution of a fund to be known as the farmers' old age pension fund to pay old age pension to the small and marginal farmers to which the central government and the state governments shall contribute in such ratio as may be prescribed clause 5 provides that the central government shall release monies out of the fund to the state governments for payment of old age pension to farmers clause 6 provides for monthly old age pension to every farmer who has attained the age of sixty years the bill, therefore, if enacted, will involve expenditure from the consolidated fund of indiait is likely to involve a recurring expenditure of about rupees two thousand crores per annuma non-recurring expenditure of about rupees one hundred crore is also likely to be incurred memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the bill 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 old age pension to small and marginal farmers and for matters connected therewith or incidental thereto————(shri om prakash yadav, mp)gmgipmrnd—2662ls(s-3)—01122014

Parliament_bills

339f0e54-74dd-534e-b9df-c1332b75d890

bill no 116 of 2015 the prohibition of interference with the freedom of matrimonial alliances in the name of honour and tradition bill, 2015 by shri rabindra kumar jena, mp a billto provide for, in the interests of protecting individual liberty and preventing victimisation, prohibition of unlawful assemblies and other conduct interfering with the freedom of matrimonial alliances in the name of honour and tradition 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 prohibiton of interference with the freedom of matrimonial alliances in the name of honour and tradition and act, 2015short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint:provided that different dates may be appointed for different states2 (1) for the removal of doubts, it is hereby declared that every person shall have a right to marry or stay with a person of his choicedeclaration as to rights of persons(2) any violation of the right referred to in sub-section (1) by any person or a group of persons shall be an offence under this act5(3) no person or any group of persons shall gather, assemble or congregate at any time with the view or intention of condemning any marriage, not prohibited by law, on the basis that such marriage has dishonoured the caste or community tradition or brought disrepute to all or any of the person forming part of the assembly or the family or the people of the locality concerned10(4) such gathering or assembly or congregation shall be treated as unlawful and every person convening or organizing such assembly and every member thereof participating therein, directly or indirectly, shall be punished with imprisonment for a term of not less than six months but which may extend to one year and shall also be liable to fine which may extend upto ten thousand rupeesexplanation—in this section, the expression—15(i) 'marriage' shall include a proposed or intended marriage; and (ii) 'gather', 'assemble' or 'congregate' shall include acting in concert through the use of any technological means or mediums20intent to cause endangerment of liberty253(1) the members of unlawful assembly referred in section 2, who, individually or collectively, counsel, exhort or bring pressure, openly or otherwise, upon any person or persons to prevent or disapprove the marriage, which is objected to by the said members, or to generate an environment of hostility towards the married couple or a couple who intends to marry or either of them or their relatives or supporters shall be deemed to have acted in endangerment of their liberty and such an act of endangerment shall be punished with imprisonment for a period of not less than one year but which may extend upto two years and shall also be liable to fine which may extend upto twenty thousand rupees30(2) any person, other than the members of unlawful assembly, who endangers the liberty under sub-section (1) at the instance of any member of unlawful assembly or otherwise shall be punished with imprisonment for a period of not less than one year but which may extend upto two years and shall also be liable to fine which may extend upto twenty thousand rupeesexplanation—in this section, the expression 'endangerment of liberty' shall include the acts calculated to lead to social boycott or enforcement of social sanctions and in particular the following acts,—35(i) bringing to bear pressure on the couple or their family or relatives to leave thevillage or area of residence concerned;(ii) indulging in any conduct which impedes or is likely to impede, access tomarkets, community facilities, places of worship or any other necessities of life or which imposes any social or economic sanction or social boycott on the couple or their family or anyone associated with them;40(iii) divesting or dispossessing the couple or their family of any land or propertybelonging to them;(iv) declaring the couple, who have married or intend to lawfully marry, a brotherand sister, provided that they are not children from the same natural parent and such marriages are reorganised by any law or custom for the time being in force;45(v) asking the couple who have married or intend to lawfully marry, or anyoneassociated with them or harbouring them to pay a fine;(vi) causing harm or injury to the couple or either of them or their families oranyone connected with them for harbouring them; and(vii) any other act of harassment whether physical or mental51045 of 1860(3) if any person or a group of persons, who is or are members of the family of thecouple, who has married or intends to marry, or a person or persons acting in concert with, or, at the behest of, a member of the family or a member of unlawful assembly, kills a woman of the who has married or intends to marry, or kills the person whom the woman has married or intends to marry or kills any person associating with couple or causes grievous hurt or any form of injury or persecutes the couple or either of them for exercising the rights referred to in section 2, or abets, participates or incites such an act of killing or causing grievous hurt or any form of injury or persecution, shall be guilty of an offence of murder under the indian penal code, 1860criminal intimidation154 any member or members of an unlawful assembly or any other person acting at theirinstance or otherwise who, indulges in criminal intimidation of the couple or either of them or their relatives or supporters shall be punished with imprisonment for a term which shall not be less than one year but may extend to three years and be liable to fineexplanation—the expression 'criminal intimidation' includes repeated harassment of the couple or either of them with a view to pressurising them not to meet or associate with each other or live with each other or threatening the couple or either of them or their family or anyone associated with them of retributive action of any kind whatsoever205 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceprovisions of this act not in derogation of any other law burden of proof6 where any person is prosecuted for an offence under this act, the burden of proving that he has not committed the offence shall be on the person being prosecuted25| 7 ||---------------------------------------------------------------------------------------------|| or information from any person or persons seeking protection from any assembly of persons || or from members of any family who are objecting or likely to object to any lawful marriage || power to || prohibit || certain acts || and authority || to take || preventive || measures |30(2) where the district magistrate or sub-divisional magistrate receives informationfrom any source that there is a likelihood of convening of an assembly openly or in secrecy to condemn as objectionable any marriage, proposed or solemnized, he shall, by order prohibit the convening of such assembly and doing of any act towards the commission of any offence under this act by any person in any area specified in the order35(3) the district magistrate or sub-divisional magistrate may take such steps as may be necessary to give effect to such order including giving appropriate directions to the police authorities concerned(4) the district magistrate or sub-divisional magistrate shall also take such steps as may be necessary to ensure the safety of the persons targeted pursuant to the illegal decision taken by the unlawful assembly40(5) any two persons who intend to marry or associate with each other may declaretheir age and willingness to marry or associate, orally or in writing, before any government official, who shall, on receipt of such information, inform the nearest police station(6) the district magistrate or the sub-divisional magistrate shall be in direct supervision of the protection and safety of the persons concerned45(7) every village officer and such other officers as may be designated by the districtmagistrate in relation to any area shall, if he has reason to believe or has the knowledge that any of the offences under this act are likely to be or have been committed in the area, report such fact to the nearest police station(8) every official called upon to act in terms of the above provisions shall be accountable for their lapses, omissions or failures and the state government shall provide for and take such action against them as may be deemed fit for their lapses, omissions or failures to act2 of 1974trial of offences58 (1) notwithstanding anything contained in the code of criminal procedure, 1973, alloffences under this act shall be triable by a court of sessions presided over by the district and session judge or any other sessions court presided over by a session judge or an additional sessions judge in the district concerned, as may be specified by the high court by notification10(2) the court of sessions so notified may take cognizance of any offence without theaccused being committed to it for trial upon receiving a complaint of facts which constitutes such offence, or upon a police report of such facts2 of 19749 (1) when trying any offence under this act, the notified court of sessions may alsotry any other offence with which the accused may, under the code of criminal procedure, 1973, be charged at the same trial if the offence is connected with such other offencepower of special court with respect to other offences15(2) if, in the course of any trial of any offence under this act, it is found that accusedperson has committed any other offence under this act or any other law, the notified court may convict such person also of such other offence and pass appropriate sentence authorized by that law2 of 19742010 notwithstanding anything contained in the code of criminal procedure, 1973, all offences under this act shall be cognizable, non- bailable and non-compoundableoffences to be cognizable, non-bailable and noncompoundable power to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act25(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule30 statement of objects and reasonsthere has been an increase number of crimes being incited by and committed by certain groups of persons or certain individuals, in order to interfere with otherwise completely lawful matrimonial alliances, in the name of protecting honour and tradition these groups or individuals often target 'sagotra', inter-caste and inter-religious alliances between consenting adults as a part of their prejudiced agenda there alliances are completely legal under various indian laws such as the hindu marriage disabilities removal act, 1946 and the special marriage act, 1954 however, such acts of mental and physical violence are also in direct violation of certain fundamental rights of citizens enshrined in the constitution, such as the right to life and liberty which includes the right to bodily integrity, and the right to choose whom to marry or associate withthe general provisions of the indian penal code, 1860 are invoked to book offenders in honour killing cases which do not cover the entire gamut of illegal and criminal actions perpetrated in the name of honour and traditionin august 2010, the national commission for women suggested a draft legislation to amend section 300 of the indian penal code, 1860 with a view to include honour killing as gruesome offencethe law commission of india in its report no 242 has recommended legal measures to nip the evil in the bud by preventing assemblies which take place to condemn such alliances and to prescribe moiré severe punishment for violent acts of criminal intimidation or acts imperilling the liberty of individual in the name of honour and traditionthe increase in number of such crimes has been a matter of grave concern for the society and requires to be addressed urgentlythe bill, therefore, seeks to provide for protecting individual liberty and preventing victimisation, prohibition of unlawful assemblies and other conduct interfering with the freedom of matrimonial alliances in the name of honour and traditionnew delhi ;rabindra kumar jenafebruary 23, 2015———— a billto provide for, in the interests of protecting individual liberty and preventing victimisation, prohibition of unlawful assemblies and other conduct interfering with the freedom of matrimonial alliances in the name of honour and tradition and for matters connected therewith or incidental thereto————(shri rabindra kumar jena, mp)

Parliament_bills

f2db3910-7d62-57bc-8391-47d5654c128d

biu no 53 of its! the appropriation (no2) bill, 1982 a billto authorise payment cmd appropriation of certain sums from and out of the comolidated fund of india for the seroices of the financial year 1982-83 bm it enacted by parliament in the thirty-third year of the republic of india as follows:-i this act may be called the appropriation (no2) act, 1982 short title 60t 1812 2 from and out of the consolidated fund of india there may be paid isue 5 and applied sums bot exceeding those specified in column 3 at the ot as schedule amounting in the aggregate [inclusive of the sums 'specifted 91934, in column 3 of the schedule to the appropriation (vote on account) ~~!~oo act, 1982] to the sum of ninety-one thousand nine hundred and thirtythe ·four crores, ninety lakhs and forty-seven thousand rupees towards consoll-10 defraying the several charges which will come in course of payment dated during the financial year 1982-63 in respect of the services specified in fund of column 2 of the schedule = - :year 1982-81 appro priation 3 the sums authorised to be paid and applied from and out of the consolidated fund of india by this act shall be appropriated for the 15 services and purposes expressed in the schedule in relation to the said year 4 references to ministries or departments in the schedule are to such ministries or departments 88 existing immediately before the 18th day of february, 1982, and shall, on or after that date, be construed as references to the appropriate ministries or departments as reconstituted fl'om time to time, coda tructioa otreterejlcmto jlinjstries and depart medt, lntbe schl dule - the schedule (see sections 2, 3 and 4)| services | and ||--------------------|-----------------|| ptjj'jxiiei | || sumi | not || 5 | || -------- | || total | || no | || vi | || vote | || - | || voted | || by | || chargrd on | || parliament | the collloli- || dated | || fuad | || -- | || - | || ------- | || ri | || ri | || rs | || r | || 10 | || department | || of | || airi- | || cujture | || and | co· || opemdoa | || revenue | || 3,48,55,000 | || 10,000 | || 3,48,650 | || 000 | || 8 | || acricujtun | || revenue | || 90,60,61,000 | || capital | || 1192,71,62,000 | || :/00,00/00000 | || go,sot6 | || ,000 | || ilj9jl,711,1i8,ooo | || s | || is | || piaheriet | || revenue | || 17 | || ,88't | || 3,000 | || capital | || 8,33, 9,000 | || ,,j,ooooo | || 1788, | || ~,ooo | || 978, ,000 | || 4 | || - 0 | || animal | || husbaddry | || and | || dairy devclw- | || revenue | || 1961i73 | || 2 •ooo | || idftlt | - || | || :10000 | || capital | || 0,11,05,000 | || /5,00,000 | || 1 | || 36'!l511ooo | || 8 °5000 | || 5 | || 36,37,99,000 | || 10,03,00,000 | || p- | || | || revenue | || 36,37,99000 | || capital | || 75 | || 00 | || - | || 000 | || 9:1800,000 | || 6 | || co-oporation | || revenue | || 113,09,75 | || 000 | || capital | || r | 711,110,115,000 || 6,11:15,000 | || 1i!i0975,ooo | || 17953,50,000 | || 7 | || ~ | || 7 | || 1 | || 3'::3,84000 | || 115,3 | ,13,000 || depu1ment | of || revenue | || 71 | !i,os, || 1,11,000 | || capital | || 115,37,13 | || 000 | || 1,00,000 | || b | || 80,83,000 | || ~rtmcnt | || of | || a8ri- | || tural | || rcicai'ch | and || education | || revenue | || 80,83,000 | || sa | || 113 | || 1 | || 8,!iq,ooo | || ,if | || ·paymedu | || to indian | || coun~cul- | || tural | - || revenue | || 113,18,110,000 | || 4117,07,000 | || 1i,88,!15,ooo | || 10 | || mialttry | || of | || civil | || suppliel | || revenue | || 4,117,07,000 | || capital | || 8, | '9,75,000 || 1,68,jo,ooo | || 35 | || r,io,48,ooo | || 593,597 | || 11 | || ,000 | || 10 | || 9,00,57000 | || ii | || ministry | || of | || c0m- | || merce - | || | || revenue | || 11,10,48,000 | || •• | || forelp | || trade and | || export | || production | || revenue | || 593,5972,000 | || capital | || 10 | || 9 | || 00 | || ,57,000 | || fo | || l | || i | || 68,gr,!t6,ooo | || 57,56,60,000 | || 's | || tclriiel, | handloom || 68,98 | || ,3 | || 6 | || ,000 | || and | || handicracta | || rs'educ | || i | || capital | || 47,76,60,000 | || 9,80,00,000 | || suidj | not ||---------------------|----------------|| aceedint | || no | || senicea and | || p1lriqci | || m | || vote | || total | || 5 | || voted | || by | || parliament | || cbarced on the | || consolidated | || fund | || , | || --- | || , | || ra | || lu | || ra | || i" | || ministry | || of | || commu- | || nic:atiodl | || · | || rt:'iedue | || capital | || 5,84,57 | || 000 | || | || 5775,00000 | || | || 9,!i4,57,ooo | || 5775 | || 00 | || - | || 000 | || 10 | || | || , | || 117gg | || ii | || ,000 | || g,oo,oo,ooo | || 15 | || 0vmieu | || commudi- | || cationa | || servia: | || · | || reftdtje | || capital | || 11799,r5 | || 000 | || | || 9 | || 00 | || - | || 00 | || ,000 | || | || 16 | || poiti | || and | || telegrapt- | || workilll | || expenses | - || revenue | || 1090,44,57,000 | || 1090,4357000 | || 1,00,000 | || sid | || 17 | || poe | || and | telell1'8pbi- || dividend | || to | general || revenue- | || a~- | || ation | to || puddi | || and | || reray- | || ment | || of | || loan | || om | || gederalllc:veduc:l | || revenue | || 302,88,74000 | 302,88,74,000 || | || 18 | || capital | || outlay | on || polla | and || capital | || '47,33,50,000 | || 1,00,000 | || "','f,!o,ooo | || 19 | || | mlnfmy || revenue | || capital | || 2~,92,13ooo | || 1 ,1643,000 | || 21 | || 1 | || 92 | || ,13,000 | || | || 12 ,31,72,000 | || ',84>7',000 | || 20 | || defence | servica-army || 2920,11,42000 | 2919,60,42,000 || 5',00,000 | || 21 | || defence | service-navy || 40089,91),000 | || ~,io,ooo | || 400,92,00,000 | || 1143,37,60,000 | || 3,4 | || 0 | || ,000 | || 1143,40,00,000 | || 30 | || 22 | || defbice | || servi~air | || force | || · | || · | || revenue | || 372,4 | || 1 | || ,00,000 | || ",00,000 | || 37242,00000 | || 23 | || defence | servicc_ || ~odl | || · | || revenue | || 24 | || capital outlay | on || de- | || fence servicet - | - capital || 498,50,00,000 | || 3,oo,oo,~ | || 5o1~,oo,000 | || 25 | || department | || of | edu- || catiod | || revenue | || 2,32,76,000 | || e | || 2,32,76,000 | || 35 | || 31s,~,1s00il | || 26 | || education | || · | || · | || rnoenue | || capital | || jo~47,50,ooo | || 3",56,15000 | || | || 647,50,000 | || 4,6000,000 | || 15',156,79 | || ijoo | || 4 | || 0 | || 1566 , | || ,9000 | || | || 000 | || 799,f8, | || '199,f8000 | || | || 27 | || department | || of | || cul- | || ture | || · | || reftdue | || 28 | || archaeology | || · | || revenue | || 29 | || department | of || reyedue | || capital | || 113~"l' | || 981 | ,0, || 000 | || 000 | || 1 | j38 || 7'i!'000 | || | || 981,03 | || ;000 | || | || 123,04,fs'000 | || | || 7j9;95, | 8,000 || 6,74,81,000 | || 123~, | || 726, | || ,7~, | || 000 | || 000 | 45 || ('()o' | || oro | || llio~'44,ooo | || 35,00() | || 28,2 | ,07,000 || | || h;o~,69 | || 28 | || 1>7, | || 30 | || department orpowel' | || rnoellue | || capital | || 31 | || minitry | || of | || external | || affain | || rewllue | || capital | || 32 | || miniatry | || offillance | || revellue | || capital | || 4'13191' | || 2,85,9 , | || 000 | || 000 | 50 || 4j,31 | ,72,000 || | || 35,000 | || ,8s,9j,000 | || | || 33 | || cultoldl | || | || · | || revenue | || | || i, | || capital | || ff,$,25,ooo | || 3 | || ,00,00 | || ff,q,80·ooo | || ,,5,000 | || ,00,00,000 | || | || i | |sums not exceeding no of vote 1----- ------~---- voted by par1iament ('barged on the coniojldated fund total _____ 1 ______ '_' --------- j----o---<'i~ ' -~~~ ---~~- rs ra ra 65,04,14,000 65,00,13,000 54 union &roiie dutiet - rnenue 10 69,90,21,000 1,38,000 69,88,83,000 35 taxei on idcome, "tate, duty, wealth tax and ~ tax' revenue so,ooo 33,68,j2000 2,81,00,000 - revfnue , capital 33,67,62,000 2,81,00,000 8j,19,26,f:jo ',s3,2j,000 79,6603,000 jlewnue ;7 audit 15,000 15 38 currellcy, coidqe add mim •• revenue 58,81,54,000 16,07,93,000 58,81,39000 16,0793,000 capital 100oo,oqooo 67,81,000 99,32,19,000 39 pensioill revenue 1,000 lao 41,60, jo,ooo 1,56, ,8,000 op iwn and alkaloid ractorin - revenue capital 41,60,09,000 1,56,78,000 1378,58,86,000 41 tradlf'eli to state govel'judedta 5302,2286,000 35136140,(1()() revenue capital 1931,64,00,000 15' ,v,61,4o000 38000000,000 3800,00,00,000 revenue crarosd-i," ,",u 42 other expenditure or the ministry or finance revenue ,9,29,19,000 30 capital $,,17,35,000 9,,26, ,0,000 43 loalll to government , serv~ti, etc capital craaoc-~ 'if ddi - - - capital 35 1,31,84,000 188,96,31goo ~,5665,ooo mlniatrv or health &ncllpainily welfare llevenue maii,c:&l an4 public health ' lteftdue capital 18896,31,000 72,56,65;000 40 46 funily welrare - revenue 268,0893,000 :m8,ob,93,ooo 1,00,000 capital 1,00,000 47 of home io,96,~ 10,%000 revenue 3,91,90,000 3,91,90,(1()() 48 cabinet - 45 49 de~nt of per· ionnel and admin· btrative r¥ol'jlll - 104140,000 2,oo,()o,()()o 5,000 3,00,00,000 llewn'ue capital so police 334,5912000 16,1,60000 3345782,000 i 1 ,,0,60,000 llewnue capital 23,39,07,000 revenae 1,]0,000 s,oi,do,ooo --~------------------~----------------------------sums no~ ~din,lr services ad purpciici total no fi vote --voted by parliament charged on the colllolidated fund --ra ra ra f3,81 ,30,000 46,33,50,000 115,6j • 'u0:00 ',6135,090 519ft"63 148, ,8s, 000 10 000 51 other expeddillllre of the migtry or revenue home affalra - capital , delhi · revenue capital 251,87,05,000 9:1,17,000 165,10,86,000 4,50,00,000 2527922 169,s),~ 000 clod c::baildiprb · revenue capita) 41,46,10,000 ',14,8,,000 19,5°,83,000 ''3,~,ooo 411,60,97, 20,tis,ss, 000 00015 andaman ad nicobar ialadda · rvenue capital 3854,96,000 10,000 24,75,29,000 98,55006, 000 000 24,75,19 dadra and napr haveli · revenue capital 3,90,34,000 5,5°,50,000 3,90,54, 000 110 000 55°,50 57 labbadlftep · revenue capital lo,tn,x;' 11,57, 000 ,000 io'~'~7'ooo 2,57, 5,000 4,43~3 poo 4,43,53,000 t min1atry or ind!utry · revenue g6,20,gfi,000 377,66,,,,000 36,1i0,gb, ono 115 000 377,66,77, 60 induatriej - · · revenue capital vm,e and small industriel 0 revenue capital 89,111,85,000 5,00,00,000 86,14,50,000 8s],oo,ooo 94,12,85, 000 000 g4,6',50, 6 l,li,51,000 0 1,11,51 ,000 miaiatry or information and broadcutin, 0 · revenue idf'oanatioll and publidty · revenue capital ' sil,28,1i6,000 1,110,03,000 sit,!i8'&, 000 000 35 1,io,os, 0 revenue capital 101151,47, 000 000 64,59,10, broadcutlng · 1011,5°,47,000 i 1,00,000 64,54,10,000 s,oo~ooo minijtry at irription revenue capital 8546,", ~,9$,oo, 000 dog minlltry of labour revenue 1,11,14 ,000 40 85,46,1111,000 13,00,00,000 19,95,00,000 1,11,14,000· labour and employ-revenue ment 0 0 capital 711,61'16,000 :1sooo 4, ,000 726g,~, 4, 000 pod ministry atlaw:jr:lcc and oompuy irs reon:nue capital 50,97,48,000 1,00,000 3°,91,48 ,000 000 1,00, ! 45 1,17,84,000 1~9,18,ooo ,4,,02, 000 adminbtration 01 jultic:e 0 0 · revenue 6g 1,311,47,000 to mini,try or petroleum, chemicals add fertiliren revenue 1,311,47, 000 petroleum and petro-qbemic:all indultriea revenue capital 122,79057,000 iss, i 1,55,000 1",79" issn,55 doe 000 no swm not exceedins of services and purposes vote voted by charged on the total parliament consolidated 5 jpudd ra ill lls ,i chemicals and ferti~ lillel'l iddllluin revenue 960,68,81,000 s6068,a1,otjo 10 capital 1155,31,01,000 1i"-si,oi,ooo , wiaiitry of pwinidi - rtvedue 501,000 ~i,ooo 73 statiltica · revenue 18,93,41,000 jli,0s,4i,ooo 74 planning commiion rcvenue 6,°595,000 6,05>95,000 75 miniatry of rural 15 development - revenue 45°,11,93,000 - 6,000 450a899000 capital 49,110,000 4g,ao,ooo 76 winiatry of shipping and transport revenue 391,85,000 1,00,000 jo9ii,s"ooo 77 roadi revenue 151,3roa,ooo 9,00,000 1 58,48,4t,000 ro capital 158,1 ,06,000 '8,1' ,00,000 176,li5,o6ooo ,8 parts lightbo\jsel and sbippilll revenue 7707~,4a,000 3,000 77"1,45000 capital 153,1 ,71,000 1,00,00,000 1,,1 ,,8,000 '9 road and inland r5 water transport revenue 1,19,40,000 1i::r':,ooo capital 11,99,11,000 ",,00,000 118 11,000 '80 midiatry of social welfare revenue ~,go,58,000 54go,~,ooo capital 1,33,08,000 1,3308,000 so 81 department of steel revenue 3,74,77,000 5,74,77,000 capital 549gb,75,000 1,60,10,000 551~,ooo 811 department of minea revenue 83,85,111,000 5,00,000 bs,go,8l,ooo capital 1101,05,00,000 11011,0500000 83 department of supply revenue 31,~,000 sa,6g000 35 84 suppliea and diapow revenue 10,111,811,000 25,00,000 10,47,811,000 85 department of rehabilitation revenue 16,44,00,000 125,000 a6,4sls,ooo capital 7,03,64,000 -,'25,000 is,bo,llg,ooo 40 86 minia~ of touriun and civil aviation - revenue 80,99,000 80,99000 81 meteorojqgy revenue iio,~,~,ooo ao,~'j::ooo capital 5, - ,000 50 , 000 88 aviation · revenue ~,og,1i6,ooo ~,ooo ltog,46,ooo 45 capital ,35,00,000 2,00,000 17,00000 it tourilm · revenuc 5,80,411,000 ~,4,ooo capital 11,011,50,000 ii,oa,soooo go minbtry of worb and holilidl revenue 1,60,50,000 1,60000 50 91 publicworb reenue 161,~'1i6,ooo 10,000 a61,6gs6,ooo ~opital 4" ,78,000 '5,oorpoo 4751,,'000 811 water supply and sewa-ap revoeoue 130,00,00,000 1,0,00,00000 83 hoiiiini and urban revenue 55 development - c,75,"000 1,11,",000 capital ,9909,000 21~ revenue 7795,000 77,85000 18769,78000 ';z'6g, 78,000 " i oapital iss6118,000 i ,6118,000 9 7 nuclear power sehema rew:uae 100':1:):-100,»000 capjcaj 86 ,000 sa 000 98 department of elect· rowcl 0 · 0 reveaue 16~06,ooo 16"a:ci6•000 capicaj 1 >5°,000 1 ~ooo sic) 99 dcpartjdedt r6 edyiroa-revenue iltsst36000 1iss,sg,ooo ment · , 100 department of 0ccad development 0 · reveaue 170g,s0000 1"ogsoeoo 101 department of science ~ rs and technology · rewnue 47,01,46,oao 4701,46,000 capital 166,00,000 l,fiijoo,ooo 1011 s~y of iadia 0 rcyenue _9,8s,00,gog 898500,000 capital '00,000 ,00,000 los grants to coudcil of scientific and iadul-so trial rearareb 0 revenue 876s00,ooo 87,6500,000 104 dcparudcnt of space - hwdue 61:l:058ooo 61~l:'5b000 capital 50 5,15,000 sot 5,85,000 105 lok sabba · 0 revenue 8,68,10,000 f,j1jiioo ,,,,,,,000 55 ii," 106 1ujya &abba · 0 lwyeiwo 1,9105t000 1ijtinii' 8,99,110,000 10 7 deparudcnt ofpuu •• rt:¥eoue 88,osooo aot,goo mentary main - cllaaoad-si4ff, h" wd iiiiil allowaal qf'" revenue 8197,000 40 ,,uidird 0 ",91,000 108 ·5cc:retariat of die vice-prctident · revcjlue 7,10,000 7,10,000 cll\ao&d-uilu prim;' j»iiooo 3,1,,68,000 smir commiuim re¥cnue o 45 -total 041186,ggsop)o ·tir,z11«jo 8in4go,47,000 i statement of objects and reasonsthis bill is introduced in pursuance of article 114 (1) of the constitution of india to provide for the appropriation out of the cod80lidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made by the lok sabha for expt!nditure df the central "government, excluding railways, for the flnancial year 1982-83 pranab mukherjee president's recommendation under article 117 of the constitution of india[copy of letter no f 2 (105) -b (d) /82, dated the 16th april, 1982 from shri pranab kumar mukherjee, minister of finance to the secretary, lok sabha' the president having been informed of the subject matter of the proposed bill to authorise payment and appropriation of certain sums from and out of the consolidated fund (jf india for the services of the financial year 1982-83, !'ecommends under article 117 (1) and (8) of the constitution, the introduction of the appropriation (no2) bill, 1982 in lok sabha and also the consideration of the bill 2 the bill will be introduced in lok sabha after the demands for grants for expenditure of the central government (excluding rallways) for the year 1982-83 have been voted 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 1982-83 - (shri pranob kumgrmukht!7'jee, minuter of finance)

Parliament_bills

94f32b91-a1f0-52bf-b13a-473825178093

bill no viii of 2011 the exploited, indebted and poverty stricken farmers (protection, prevention of suicides and welfare) bill, 2011 a billto provide for the protection of farmers from exploitation by moneylenders, middlemen,unscrupulous traders and others, removal of indebtedness, remunerative prices for their produce, increasing farm yield by improving farming practices by modern techniques and allied occupations, extending protective umbrella against natural calamities in which crops are lost by way of compulsory insurance of crops and livestock and provision of adequate compensation, work, food, potable water, fodder, etc during calamity, extending compulsory market intervention in case of bumper crops, old age allowance, soft loans from banks and other institutions and other welfare measures to be undertaken by the state so as to prevent the distressed farmers from committing suicide and for matters connected therewith and incidental theretobe it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the exploited, indebted and poverty stricken farmers(proection, prevention of suicides and welfare) act, 2011short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—554 of 1966(a) "agricultural produce" include paddy, wheat, coarse cereals, pulses, sugarcane, gram, cotton, oilseeds, vegetables, fruits, jute, coconut, tobacco, areca nuts and such other agricultural produces which may be notified from time to time by the central government in the official gazette and also include seed as defined in the seeds act,1966;(b) "appropriate government" means in the case of a state, the government of that state and in other cases, the central government;(c) "bumper crop" means the excess yield of any agricultural produce of a farmer when the return to the farmer is not commensurate with its cost of production;10(d) "farmer" means a person who owns land and cultivates or causes it to be cultivated for agricultural or horticulture purposes and includes small and marginal farmers as identified by the appropriate government or by the union planning commission, as the case may be;15(e) "fund" means the national farmers natural calamity and welfare fund established under section 3;20(f) "natural calamity" includes drought, flood, cyclone, hailstorm, extreme cold and frost, winterkill, sunami, storm, fire, excessive rains, snow, damages, caused by wild life, insect infestation of large scale magnitude, plant diseases and such other natural phenomenon as may be notified by the appropriate government in the official gazette, from time to time;(g) "prescribed" means prescribed by rules made under this act253 (1) the central government shall, as soon as may be, but not later than six months from the commencement of this act, establish a national farmers natural calamity and welfare fund with an initial corpus of rupees fifty thousand crore to be provided by the central government, after due appropriate made by parliament by law in this behalf for carrying out the purposes of this actestablishment of the national farmers natural calamity and welfare fund(2) after the initial stage of the establishment of the fund, moneys shall be provided to the fund by the central government and governments of the states in proportion to the population of farmers and in such manner as may be prescribed30(3) the fund shall also comprise moneys received from the general public, body corporate, financial institutions domestic as well as foreign ones, as donations or gifts as the case may be(4) the fund shall be utilized for,—35(a) paying adequate compensation to farmers affected by natural calamity by way of losing crops, livestock, movable for immovable property due to such calamity;(b) paying old age allowance to the farmers; (c) implementing special assistance package to be formulated by the appropriate government for the children, physically challenged and old farmers and others vulnerable to the fury of natural calamity;40(d) for extending educational facilities to the children of farmers and assistance for the marriage of their grown up daughters;(e) making provision for food, drinking water, fodder and other necessities of day to day life in natural calamity affected rural areas;45(f) timely and adequate supply of quality seeds, manure, fertilizers, insecticides, etc to the farmers;(g) paying the premiums of crop insurance of poverty stricken farmers; (h) providing healthcare facilities to the farmers and their families; (i) providing maternity services to the rural womenfolk;5(j) establishment of well equipped and modern veterinary hospitals in everyblock to assist farmers in animal husbandry;(k) promoting group farming for better farm management and makingagriculture economically viable;(l) providing institutional mechanism for efficient marketing and export offarm produce;10(m) such other purposes as the central government may deem necessary andexpedient for carrying out the purposes of this act(5) the fund shall be administered in such manner as may be prescribed154 (1) the central government shall, as soon as may be, in consultation with the governments of the states, formulate a long-term action plan for the protection and welfare of farmers in particular for the farmers of calamity prone areas or regions of the country as may be necessary(2) in particular and without prejudice to the generality of the provisions of subsection (1) of section 4 such action plan may include,—central government to formulate long-term action plan for the protection and welfare of farmers20(a) comprehensive crop and livestock insurance scheme to make up the lossesof farmers due to natural calamity;(b) compulsory market intervention in case of bumper crop; (c) writing off loans and interest of the farmers affected by natural calamity; (d) easy credit facility with interest free or with nominal rate of interest from thebanks and financial institutions;25(e) remunerative prices for the agricultural produces; (f) such welfare measures as may be deemed necessary to protect the exploited,indebted and poverty stricken farmers of the country;5 in order to provide protective umbrella to the distressed, exploited, indebted and poverty stricken farmers, it shall be the duty of the appropriate government to,—30protective umbrella for farmers by the appropriate government(a) compulsorily monitor the trends of production of agriculture produce ofevery sowing season so as to arrive of the estimates of likely production, local consumption, purchases by government agencies, surplus, etc;35(b) in case of bumper crop and surplus caused therefrom, make affordabletransportation arrangements to carry the surplus produce to identified areas where such produce is likely to be consumed and make marketing and yard facilities for such surplus;(c) ensure that farmers do not resort to distress sale and take appropriate measuresto rein in the unscrupulous traders who exploit the farmers by not purchasing their yield by forming cartel for this purpose;40(d) purchase the surplus produce through its agencies by extending compulsorymarket intervention;(e) fix the remunerative prices of agricultural produce from time to time; (f) compulsory remove the middlemen operating in the wholesale and other marketswho exploit the farmers;(g) study the requirements of farmers for promoting agriculture through agricultural education, research, training through modern krishi vigyan kendras, kisan call centres and agricultural universities;(h) establish well equipped modern veterinary hospitals in every block to assist farmers in animal husbandry;5(i) promote agro based industries like food processing, dairying, poultry, rearing of livestock, piggery, bee keeping, etc to enhance farm income;(j) promote cultivation of vegetables, spices, floriculture, pisciculture, sericulture, horticulture, etc;10(k) extend all the government schemes of employment generation and for self employment compulsorily in the rural areas for the benefit of farmers;(l) ensure easy institutional loans to remove indebtedness; (m) extend such other protective measures as may be prescribed156 notwithstanding anything contained in any other law for the time being in force, the central government shall formulate special provisions for the exploited, indebted and poverty stricken farmers of suicide prone region of vidarbha in maharashtra, areas of punjab, madhya pradesh, karnataka, andhra pradesh and such areas in other parts of the country which may include,—special provisions for farmers of vidarbha region and other suicide prone areas20(a) directing all the banks, including cooperative and regional rural banks and other financial institutions which give agricultural loans to stop all recovery processes and to start financial settlement process in each case where loan has been taken by a farmer and who has not been able to repay the loan due to effects of natural calamity or otherwise and settle all such cases in the following manner:—25(i) the loan amount to be segregated in two parts, namely the principal and interest separately;(ii) simple interest to be calculated on the principal amount from the date of actual drawal of loan to the date of settlement process;(iii) the amount already paid back by farmers shall first be adjusted against the principal amount and thereafter against the interest;30(iv) the balance unpaid amount shall be divided into ten equal annual instalments without charging interest and recovered every year and no legal process shall be initiated till farmers defaults in payment for three years consecutively;35(v) the interest shall be charged in such a way that it does not exceed the rate of interest given to farmers on the savings deposited with the banks and financial institutions;(vi) the final settlement of loan shall be done in such a way that the farmer is not required to pay more than forty per cent of the original principal amount by way of interest;40(vii) if farmer has repaid the loan to the extent of fifty per cent, he shall automatically be considered eligible for fresh loan; and(viii) in case of natural calamity, instalments of loan against the farmers shall be written off treating it as bad debt:45(b) reimbursement of loans and concessions given to the farmers by banks and financial institutions in case, the farmers are unable to repay the amount(c) prohibition on moneylenders in lending money to the farmers, in case any loan given by such moneylenders to any farmer shall be deemed to have been written off(d) providing public employment to one of the dependents of a farmer who loseshis life as a consequence of natural calamity irrespective of the fact that such farmer having committed suicide in such manner as may be prescribed5(e) providing adequate financial assistance to the family of the farmer havingcommitted suicide in case he has a daughter of marriageable age for her marriage, and(f) such other measures as may be necessary for carrying out the purposes of this act107 the central government shall, after due appropriation made by parliament by lawin this behalf, provide requisite funds for carrying out the purposes of this actcentral government to provide funds power to remove difficulty8 if any difficulty arises in giving effect to the provisions of this act, the central government may, make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of the difficulty15act to have over-riding effect9 the provisions of this act and the rules made thereunder shall have effectnotwithstanding anything inconsistent therewith contained in any other law for the time being in force10 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in force dealing with the subject matter of this actact to supplement other laws20power to make rules11 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsours is predominantly an agrarian country and agriculture is the backbone of our economy as it immensely contributes to gross domestic product (gdp) and generates largest number of employment opportunities the farmers sustain the country with food security and supply the largest share of raw material to industrial sector its export share is also considerable which brings precious foreign exchange in the country but, unfortunately, the farmer in our country is the most exploited, heavily indebted and poverty stricken many a time when the debt burden becomes unbearable and farmers who are unable to withstand this burden end their lives by committing suicide depsite the fact that farmers and agricultural labourers are considered to be brave by nature and the phenomenon of suicides does not go along with their psyche but economic hardships are forcing them to take the extreme step which may eventually lead to social turmoilthe national farmers commission of india had recently highlighted that nearly one lakh fifty thousand farmers have committed suicides in the country since 1990 incidentally, suicides of farmers has taken place in those states where green revolution has been a success story namely, punjab, maharashtra, madhya pradesh, kerala, tamil nadu, karnataka, andhra pradesh, chhattisgarh, etc in maharashtra and in particular in the vidarbha region alone the figure of farmers committing suicides touched one lakh thirty one thousand during 1993-2006 and the trend is still continuing in the state in fact, hardly any state has undertaken comprehensive enumeration of the suicides of farmers nevertheless the suicide of farmers is a blot on our democracy but natural calamities play major role in destroying the hopes of the farmers as they have to bear the brunt of the natural calamities their crops are damaged and farmers become penniless making them defaulters in repayment of loans taken from the institutions or from the moneylenders when they are hounded, in particular by the moneylenders, the hapless farmers resort to committing suicidesacute poverty and indebtedness is another major factor for the farmers for taking the extreme step of committing suicides according to national sample survey organisation nsso (2005) 486 per cent of the total farmer households are reported to be indebted in 2005 the incidence of indebtedness is highest in andhra pradesh where 82 per cent farmers are indebted followed by tamil nadu, punjab, kerala, etc in maharashtra 548 per cent farmers were indebted in short, nearly 50 to 53 per cent farmers in many other states are facing indebtednessthe two recent decisions of the central government namely the package of rupee 25000 crore to families of suicide victims and debt waiver of 70,000 crore rupee for farmers show that the nation has at least recognised the seriousness of the phenomenon but much more needs to be done in this regard the seriousness and dimensions of the phenomenon warrants a census survey of all those farmers who have committed suicides then various welfare measures need to be extended to the farmers a national farmers natural calamity welfare fund is required to be established all efforts should be made to remove the indebtedness and acute poverty of the farmers by releasing more packages and allocating more budgetary support to this vital sectorhence this billraj kumar dhoot financial memorandumclause 3 of the bill provides for the establishment of a national farmers natural calamity and welfare fund with initial corpus of fifty thousand crore rupee to be provided by the central government and thereafter central government will have to contribute to the fund along with the states clause 7 of the bill makes it obligatory for the central government to provide requisite funds to carry out the purposes of the bill the bill if, enacted will involve expenditure from the consolidated fund of india it is estimated that a sum of sixty thousand crore rupee may involve as recurring expenditure per annuma non-recurring expenditure to the tune of ten thousand crore rupee may also involve from the consolidated fund of india memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character———— a billto provide for the protection of farmers from exploitation by moneylenders, middlemen,unscrupulous traders and others, removal of indebtedness, remunerative prices for their produce, increasing farm yield by improving farming practices by modern techniques and allied occupations, extending protective umbrella against natural calamities in which crops are lost by way of compulsory insurance of crops and livestock and provision of adequate compensation, work, food, potable water, fodder, etc during calamity, extending compulsory market intervention in case of bumper crops, old age allowance, soft loans from banks and other institutions and other welfare measures to be undertaken by the state so as to prevent the distressed farmers from committing suicide and for matters connected therewith and incidental thereto————(shri rajkumar dhoot, mp)gmgipmrnd—3927rs(s3)—07-12-2012

Parliament_bills

452aabb9-c884-57e2-80c7-b7ee69c06714

annexureextracts from the indian post orricr act, 1898 (6 or 1898) - the first schedule(see section 7) inland postace rates lettersfor a weight not exceeding ten grams 50 paise for every ten grams or fraction thereof, exceeding ten grams 20 paise letter-cards for a jetter-card 35 paise, post cards (not being post cards containing printed communication) single ( vs as se e 15 paise reply = a = - 80 paise post cards containing printed communication for a post card : - =e by 25 paise explanation—a post card shall be deemed to contain a printed communication, if any matter (except the name and address of, and other particulars relating to, the sender and the place and date of despatch) is recorded by printing or by cyclostyling or by any other mechanical process, not being typewriting, on any part of the post card except the righthand half of the address-side thereof book, pattern and sample packetsfor the first fifty grams or fraction thereof 5s ae 30 paise for every additional twenty-five grams or fraction thereof, in excess of fifty grams 15 paise registered newspapersfor a weight not exceeding fifty grams es - 5 paise, for a weight exceeding fifty grams but not exceeding one hundred' grams me s 15 paise,for every additional one hundred grams or fraction thereof, i exceeding one hundred grams = ae -- 10 paise in the case of more than one copy of the same issue of a registered newspaper being carried in the same packet— for a weight not exceeding one hundred grams of 15 paise for every additional one hundred grams or fraction thereof, in excess of one hundred grams on + - 10 paise: provided that such packet shall not be delivered at any addressee's residence but shall be given to a recognised agent at the post office parcelsfor a weight not exceeding five hundred grams 'e rs 300 for every five hundred grams or fraction thereof, exceeding five hundred grams ire eae ae rs, 300

Parliament_bills

191de303-4949-5740-9101-dc0497169234

act, 1985 (54 of 1985) % bs 3 a 36 whoever— penalty for manufacturing, (a) makes or manufacturers, or causes to be made or manufactured (except where he is permitted under the standards act so to do), any weight or measure in accordance with any standards other than the standards established by or under the standards act, or | etc, | of ||-----------|-------|| non- | || standard | || weights | or || measures | |(b) (i) sells or otherwise transfers, or causes to be sold or otherwise transferred, or (ii) lets, or causes to be let, on hire, any weight or measure which has been manufactured in accordance with any standards other than the standards established by or under the standards act, shall be punished with imprisonment for a term which may extend to one year, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine | 37 (1) whoever— (i) counterfeits any seal specified by or under this act or the standards act, or penalty for counter feiting of seals, etc (ii) sells or otherwise disposes of any counterfeit seal, or (iti) possesses any counterfeit seal, or "ars (iv) counterfeits any stamp, specified by or under this act or the standards act or any rule made under either of those acts, or (v) removes any stamp made, whether under this act or the standards act or any rule made under either of those acts, or tampers with any stamp so made, or (co) removes any stamp made, whether under this act or the standards act or any rule made under either of those acts, and affixes the stamp so removed on, or inserts the same into, any other weight or measure, or (vii) increases or diminishes or alters in any way any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby, , shall be punished with imprisonment for a term which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine (2) whoever obtains, by unlawful means, possession of any seal specified by or under this act or the standards act and uses or causes to be used, any such seal for making any stamp on any weight or measure with a view to representing that the stamp made by such seal is authorised by or under this act or the standards act shall be punished with imprisonment for a term which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine (3) whoever, being in lawful possession of a seal specified by or under this act or the standards act uses, or causes to be used, such seal without any lawful authority for such use, shall be punished with imprisonment for a term which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine (4) whoever sells, or offers or exposes for sale or otherwise disposes of any weight or measure which, he knows or has reason to believe, bears thereon a counterfeit stamp, shall be punished with imprisonment for a term which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine penalty for sale 38 (1) except where he is permitted under the standards act so to or deli very of commodi do, whoever sells, or causes to be sold, delivers, of causes to be delivered, any commodity, article or thing by any weight, measure or number other than the standard weight or measure, 'shall >be »-punished with fine which may extend to two:thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine ties, etc, by non standard weight or measure (2) whoever renders, or causes to be rendered, any service in terms of any weight, measure or number other than the standard weight or measure, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence with imprisonment for a term which may extend to one year and also with fine ; % 2 of 1974 '63 notwithstanding any thing contained in the code of criminal procedure, 1973,— cogniz ance of offences(a) no court shall take cognizance of an offence punishable under this act except upon a complaint, in writing, made by the controller or any other officer authorised in this behalf by the controller by general or special order;

Parliament_bills

2a4aa62a-a125-5091-ba0a-ddcc2e0e37ad

bill no ,6 of 1,6s the companies (second amendment) bill, 196,5a bill further to amend the companies act, 1956 be it enacted by parliament in the sixteenth year of the republic of india as follows:-1 (1) this act may be called the companies (second amend- short title ment) act, 1965 and commence-5 (2) it shall come into force on such date as the central goverlj- ment ment may, by notification in the official gazette, appoint 2 in section 240 of the companies act, 1956 (hereinafter refer- amendred to as the principal act), in sub-section (1a), after the words ment of "authorised by him in this behalf", the words "with the previous section 240 id-approval of that government" shall be inserted 3 in section 370 of the principal act, in sub-section (2),-amend- b i (oo) d b-cl ment of (a) in clause (a), 10 su -c ause tn an su ause (iv), section 3'0 the word "or" shall be inserted at the end; ; (b) in clause (b), for sub-clause (iii), the following sub--clauses shall be substituted, namely:-is u (iii) by a banking company, or an insurance 'company, in the ordinary course of its business; or (iv) by a private company, unless it is a subsidiary of a public company; or 20 (v) by a company e5tablished with the object of financing industrial enterprises" statement of objects and reasonsthe vivian bose commis$ion of inquiry had recommended intet alia th8t inter-company loans should rank at par with intercompany investments and should be subject to the lame restrictions as the latter this recojl~ aldation was sought to be given e1fect to by amending section 370 of the companies act by section 46 of the companies (amendment) act, 1965 it has, however, beep noticed that the restrictions placed by this amendment would equally apply in respect of guarantees given and securities provided by certain classes of companies viz: financial institutions, insurance' companies and private compani£1j simpzicitor, and would, therefore, act as a serious hindrance to their normal functioning since loans given by such companies have already been ex~mpted from the scope of the restriction, it has been decided to afford similar exemption to guarantees given and securities provided by such companies 2 opportunity is also being taken to make a consequentiaj amendment to sub-section (la) of section 240 on the lines of similar amendments made to clause (a) of sub-section (1) and clause (a) of sub-section (3) of that section by the companies (amendment) act, 1965 3 the bill seeks to achieve the above objects n~· delhi; b ·r bhagat the'·12th nooember, 1965 annexure extracts )r"rom the companies act, 1956(1 of ]956) - - - - mo (1) - - - - - - - - - - - production of docu-· mentsand (la) the inspector may, with the previous approval of tlae evidence central government, require any body corporate other than a body corporate referred to in sub-section (1) to furnish such information to, or produce such books and papers before, him or any perscn authori6ed by him in this behalf 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 investi gation - - - - - 370 (1) - iii iii - - - - - - - loans, etc, to companies hi d' h f f th' t' under the (2) not ng contalne in t e oregomg provisions 0 is sec iod same shall apply tomanage-- - - - - - ment, (b) any guarantee given or any security provided-- - - - ' (iii) by a banking company in the ordina~ course of its business - - - - - bill flinher to amend the companies act, 1956(sh1j jjaii ram bhagat, minister of l~/anning)

Parliament_bills

c28b89f5-bd7c-5bb0-9f06-490f82480c75

financial memorandumclause 3 of the bill provides that appropriate government shall conduct a survey old persons and maintain a register to that effect clause 4 provides for the setting up welfare homes for old persons clause 5 provides for payment of monthly pension to th clause 6 provides for setting up a fund to implement the provisions of the act some con butions and donations are also expected nevertheless, it is estimated that an annual rect ring expenditure of about rupees two thousand crore may be involved from the conso fund of india a non-recurring expenditure of about rupees one thousand crore is also likely tol involved from the consolidated fund of india by way of setting up of old persons ho! creation of facility therein memorandum regarding delegated legislationclause 8 of the bill empowers the central government to frame rules for carrying out the provisions of the bill the delegation of legislative power is of a normal character since the rules will relate to matters of detail only

Parliament_bills

4cc2d8a4-1b14-5a21-9221-7f359b9c4a8b

bill no 15 of 2006 the constitution (one hundred and fifth amendment) bill, 2006 a billfurther to amend the constitution of indiabe it enacted by parliament in the fifty-seventh year of the republic of india as follows:— statement of objects and reasonsproviso to clause (1) of article 164 of the constitution provides that there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work in the states of bihar, madhya pradesh and orissa2 the new states of chhattisgarh and jharkhand came into being with the enactment of the madhya pradesh reorganisation act, 2000 and the bihar reorganisation act, 2000, with effect from 1st november, 2000 and 15th november, 2000, respectively consequent upon the creation of the state of chhattisgarh and jharkhand, a sizable portion of the scheduled areas of the erstwhile state of madhya pradesh stands transferred to chhattisgarh and the entire scheduled areas of the former bihar state stand transferred to the newly formed jharkhand state and the scheduled areas were redefined as per the scheduled areas (states of chhattisgarh, jharkhand and madhya pradesh) order, 2003 (co 192) further, as per census figures of 2001, the percentage of the scheduled tribes population to total population in the four states are as follows:—| name of the state | percentage of the scheduled tribes ||---------------------|--------------------------------------|| population to total | || (i) | bihar || (ii) | jharkhand || (iii) | chhattisgarh || (iv) | madhya pradesh |3 as there are no scheduled areas in bihar now and the fraction of population of the scheduled tribes is very small, it is proposed to exclude bihar from the purview of the said proviso and also proposed to extend the provisions of clause (1) of article 164 to the newly formed states of chhattisgarh and jharkhand4 this bill seeks to achieve the above objectsnew delhi;shivraj v patilthe 20th january, 2006 annexure extract from the constitution of india other provisions as to ministers164 (1) the chief minister shall be appointed by the governor and the other ministers shall be appointed by the governor on the advice of the chief minister, and the ministers shall hold office during the pleasure of the governor:provided that in the states of bihar, madhya pradesh and orissa, there shall be a minister in charge of tribal welfare who may in addition be in charge of the welfare of the scheduled castes and backward classes or any other work lok sabha—————a billfurther to amend the constitution of india—————(shri shivraj v patil, home minister)mgipmrnd—5642ls(s4)—22-02-2006

Parliament_bills

304ca6ec-4a0f-599a-8937-9c309b98d7e4

bill no 256 of 2017 the victims of terrorism (compensation and miscellaneous provisions) bill, 2017 by shri shivaji adhalrao patil, mp a billto provide for the financial compensation, relief and rehabilitation to the victims and their dependents affected by terrorist violence of naxalites, maoists and other terrorist outfits operating in various parts of the country including those supported, sponsored and financed from across the borders through employment and other means and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the victims of terrorism (compensation and miscellaneous provisions) act, 2017short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;(b) "dependent" includes spouse, children and aged parents who are, dependent on the deceased victim of terrorism violence;(c) "prescribed" means prescribed by rules made under this act;5(d) words and expressions used and not defined in this act but defined in the indian penal code, 1860, code of criminal procedure, 1973 and the unlawful activities (prevention act, 1967) shall have the meanings respectively assigned to them in those acts45 of 1860 2 of 1974 37 of 1967relief to dependent of a citizen103 notwithstanding anything contained in any other law for the time being in forcethe appropriate government shall give relief to the dependents of a citizen who is killed in terrorist violence of naxalite or maoist or by any terrorist outfit, whatever name called by,—(a) paying an ex-gratia grant of compensation of an amount which shall not beless than five lakh rupees in such manner, as may be prescribed; and15(b) giving financial assistance at the rate of two thousand rupees per mensemto the old and minor dependents of the victim for such period and in such manner as may be prescribed4 any citizen who survives the attack of terrorists but receives severe injuries thereby permanently incapacitating him or otherwise shall be given compensation by the appropriate government by,—compensation to survivors of terrorist attack20(a) bearing the entire costs of his medical treatment; and (b) paying ex-gratia grant of compensation of not less than two lakh rupees, insuch manner as may be prescribed25rehabilitation package to the victims of terrorism5 it shall be the duty of the appropriate government to formulate rehabilitationpackage for the victims of terrorism violence by way of providing employment, vocational training, self employment and such other measures as that government may deem fit and necessary for the purposes of this actcompensation for other losses6 (1) notwithstanding anything contained in any other law for the time being inforce, where a dwelling house of any citizen is destroyed or damaged due to torching, bombing or any other acts of terrorists, the appropriate government shall,—30(a) provide a dwelling house or bear the entire cost of construction, or repairor construct the house at the same place or elsewhere, as the case may be, as per the choice or preference of the victim in such manner as may be prescribed;35(b) allot a plot of appropriate size to the victim near the city free of cost andbear the cost of construction of a dwelling house thereon in such a manner as may be prescribed(2) where the livestock of a citizen is killed or the standing crop or orchard is destroyed by the terrorists violence, the appropriate government shall pay adequate and appropriate financial compensation to the owner of the livestock, crop or orchard, as the case may be, in such manner as may be prescribed40(3) where the business establishment or shop or kiosk or hawking apparatus or any such thing being used for carrying business of a citizen is destroyed or damaged in terrorist violence, the appropriate government shall pay appropriate compensation to the owner in such manner as may be prescribed457 (1) the appropriate government shall in order to protect the life and property of the citizens of the terrorism affected areas within its territorial jurisdiction compulsorily insure the life, property, livestock, crop, orchard, business establishment against terrorist violence, in such manner as may be prescribedinsurance of life and property in terrorism affected areas(2) the appropriate government may, if it deems fit, expedient and necessary to do so, promote village level security system in the villages affected by terrorism, through teams of volunteers for the protection of their village from terrorist violence and provide the volunteers with necessary weapons and ammunition from time to time in such manner as may be prescribed5central government to formulate national policy108 the central government shall, as soon as may be, in consultation with thegovernments of the states affected by violence by terrorists, formulate a national policy for those terrorists who wish to shun violence and return to the mainstream of nation for their rehabilitation through general amnesty, and by providing them with employment, financial assistance for self employment and other means as that government may deem necessary to do so in the national interest9 the central government shall, after due appropriation made by parliament by law in this behalf, provide requisite funds to the states and union territories affected by terrorist violence for carrying out the purposes of this actcentralgovernmentto provide funds15power to remove difficulties10 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by notification, make such order or give such direction, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for the removal of difficulty and any such order or direction, as the case may be, shall be final:provided that no such order or direction shall be made after the expiry of a period of four years from the commencement of this act20act to have overriding effect11 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 force25power to make rules12 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purpose of this act30(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe data, analysed by a national consortium for the study of terrorism and responses to terrorism, contracted with the us state department, reveals india is third after iraq and afghanistan in terms of terror attacksout of 11,072 terror attacks in 2016 worldwide, india bore the brunt of 927, 16 per centmore than 2015 (798) the number of deaths in india also rose 17 per cent from 289 in 2015 to 337 last year while the number of injured increased from 500 in 2015 to 636 last yearjammu and kashmir saw a surge of 93 per cent in terror attacks last year, the data saysthe annual report 2016-17, pertaining to the union home ministry, reports a 5481 per cent increase in terror incidends in the stateterrorism is one of the very serious problems of our nation various parts of the country are in the grip of terrorism let loose by naxalites, maoists, leninist-maoist, people war group (pwg) and other militant outfits either infiltrated from across the borders or remotely controlled from abroad be it north-eastern states, jammu and kashmir, chhattisgarh, jharkhand parts of odisha, andhra pradesh, maharashtra, bihar, uttar pradesh, madhya pradesh, west bengal, karnataka, tamil nadu, etc have been affected by terrorism the terrorists are ruthlessly killing hundreds of innocent people, policemen, personnel of paramilitary and armed forces, every year just to create panic and spread terror amongst the masses bomb blasts occur every now and then peaceful cities like delhi-hyderabad-jaipur- mumbai, etc are targeted through planting bombs at busy places and in the blasts many people are killed, injured and permanently crippled without any fault the naxalites and other terrorists do not even spare houses, shops which are torched or blown up even the thatched huts of the poor villagers are not spared they attack police station to loot weapons and kill the police personnel or ambush the police and para-military forces and plant blast mines on the roads used by police and para-military forces which blow up the vehicles carrying them the terrorist outfits are blackmailing the rich people, industrialists and businessmen and getting ransom from them in the terrorist affected areas people do not venture out of their houses in the evening and night in many areas, the terrorists are illegally collecting taxes from the people and running parallel government and giving instant justicethough lot of innocent citizens are killed and wounded seriously in the terrorist violence, they are not given any compensation sometimes, a meagre sum is announced as exgratia payment similar is the case of those who lose thier houses, business establishment livestock, crops, etc who have to fend for themselves state does not come forward for their rehabilitation the banks, financial institutions too do not provide credit to the affected peoplesince, it is the duty of the state to protect the life and property of every citizen and in failing to do so it is the sacred duty of the state to duly compensate the affected citizens and their dependents at the same time, if the misguided youth who have joined hands with the terrorist outfits due to frustration and variety of other reasons they need to be brought back to the mainstream of the nation by providing employment opportunities and other incentives apart from granting amnesty to them for this a national policy is requiredhence this billnew delhi;shivaji adhalrao patilnovember 27, 2017 financial memorandumclause 3 of the bill provides for compensation to the dependents of citizens killed in terrorism violence clause 4 provides for compensation to citizens wounded in terrorism violence clause 5 provides for rehabilitation package to the victims of terrorism clause 6 provides for compensation for other losses clause 7 provides for insurances of life and property in terrorism affected areas clause 9 makes it obligatory for the central government to provide requisite funds to the state governments and union territories for carrying out the purposes of the billthe bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees three thousand crore may involve as recurring expenditure per annuma sum of rupees three hundred crore may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 12 of the bill empower the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of details only the delegation of legislative power is of a normal character———— a billto provide for the financial compensation, relief and rehabilitation to the victims and their dependents affected by terrorist violence of naxalites, maoists and other terrorist outfits operating in various parts of the country including those supported, sponsored and financed from across the borders through employment and other means and for matters connected therewith or incidental thereto————(shri shivaji adhalrao patil, mp)

Parliament_bills

5e472214-34ef-5d21-b410-76727bfc06f9

bill no 258 of 2017 the illegal immigrants (identification and deportation) bill, 2017 by dr shrikant e shinde, mp a billto constitute a national commission to identify and deport illegal immigrants in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the illegal immigrants (identification and deportation)act, 2017short 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) 'illegal immigrant' means any person who comes to india without any properand valid document issued by the designated authority of the government of india; and(b) "prescribed" means prescribed by rules made under this act3 the central government shall, by notification in the official gazette, constitute a commission to be known as the national commission for identification and deportation of illegal immigrants (hereinafter referred to as the national commission) for carrying out the purposes of this actnational commission for identification and deporting illegal immigrants54 (1) the national commission shall consist of,—(i) a chairperson who shall be a retired judge of the supreme court to beappointed by the president in such manner as may be prescribed; andappointment, term and salary of the chairperson and members of the commission(ii) two other members to be appointed by the president in such manner as maybe prescribed10(2) the chairperson and other members shall hold office for a term of five years and shall be entitled to such salaries and allowances as may be determined by the central governmentstate commission5 the central government shall also set up a state commission for a state or two ormore states for identification and deportation of illegal immigrants156 (1) every state commission shall consist of,—(i) a chairperson who shall be a retired judge of the high court; and (ii) four other membersappointment, term and salary of chairperson and other members of the state commission20(2) the chairperson and other members of the state commission shall be appointed by the central government in consultation with the chairperson of the national commission in such manner as may be prescribed(3) the chairperson and the other members shall hold office for a term of five years and shall be entitled to such salaries and allowances as may be determined by the central government7 every state commission shall,—25functions of the state commission(i) carry out necessary exercise to identify illegal immigrants and their nationalityin their respective area; and(ii) prepare and send list of all illegal immigrants in their respective area to thedistrict administrationpowers of the commissions308 the national commission and every state commission shall exercise the powers ofa civil court in regard to discharge of its functions9 the national commission may direct the respective state government to:—(i) stop all assistance being enjoyed by the illegal immigrants immediately; (ii) impound the ration card in the possession of illegal immigrants;national commission to direct the state government35(iii) terminate the services of illegal immigrants, in case such immigrants areemployed in any public sector and inform persons concerned in case they are employed in private sector;(iv) take such necessary action to recover loans borrowed by illegal immigrants;(v) facilitate speedy hearing of cases against illegal immigrants; and(vi) take immediate action for deporting them to the countries of their origin4010 the state government shall take such action as directed by the national commission within three monthsstate government to take action on direction of the national commission11 (1) any person, who has any complaint against a decision of any state commission, shall be entitled to represent to the national commission, who shall hear the same and dispose it of within one monthrepresentation to the national commission5(2)every applicant, who represents to the national commission under clause (1), shall be given an opportunity of being heard before disposing of such application by the national commission12 the state commission and the district administration shall ensure that no inconvenience is caused to any bona fide citizen of the country during the enforcement of the provisions of this actno inconvenience to bona fide citizens10savings13 the provisions of this act shall be in addition to and not in derogation of any otherlaw for the time being in forcepower tomake rules14 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act1520(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions, aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have affect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe influx of immigrants created a crisis of identity among the indigenous citizens of our country their cultural survival is in jeopardy, their political control is weakened and their employment opportunities are undermined by such illegal migration it is found that though the immigrants had settled in various states of our country, most of them failed to identify themselves with the mainstreamdue to the similar language spoken by illegal migrants from bangladesh, myanmar and other neighboring countries and the indigenous language speaking citizen, it becomes difficult to identify and deport the illegal migration from indian soil illegal immigrants have increased pressure on resources of our country and the government has to increase the expenditure on education and health facilities to the immigrants illegal immigrants are not only adding number to our booming population but are indulging in anti-national activities most of the illegal immigrants have got their names enlisted in the voting list illegally, thereby claiming themselves as citizens of the country the immigrant's population act as a vote bank for the political parties the nrc (national register of citizens) has taken initiatives for the detection of illegal migrants however, success of such initiatives will depend on the strong political will the dangerous consequences of large scale illegal migration from neighboring countries required to be dealt effectively no misconceived and mistaken notions of secularism should be allowed to come in the way of doing so illegal migration from neighboring countries is no longer a regional problem which can be pushed under the carpet these migrants have now settled in several states including the states of rajasthan, delhi, madhya pradesh and maharashtrathis silent and invidious demographic invasion may result in the loss of the geo-strategic importance of several bordering districts in the state of assam, tripura, jammu & kashmir, west bengal and other states the influx of these illegal migrants is turning these regions into a specific religion majority region which was unknown till now it will then only be a matter of time when a demand for their merger with neighboring country may be made thus it is high time to solve the problems of illegal migration to save culture and identity of our people in their own land and to save the nation from the threat of immigrantsnew delhi;shrikant e shindenovember 27, 2017 financial memorandumclause 3, of the bill provides for constitution of the national commission for identification and deporting of illegal immigrants from the country clause 4 provides for salaries and allowances payable to the chairperson 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 chairperson and other members of state commissionthe bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about fifty crore per annuma non-recurring expenditure of about rupees ten crore is also likely to be involved memorandum regarding delegated legislationclause 14 of the bill empowers the central government to frame rules for carrying out the purposes of the bill since the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto constitute a national commission to identify and deport illegal immigrants in the country and for matters connected therewith or incidental thereto————(dr shrikant e shinde, mp)gmgipmrnd—2622ls(s3)—20-12-2017

Parliament_bills

502a2c59-2bd6-578a-b69c-2357b30a0dbe

bill no 209 of 2016 the constitution (amendment) bill, 2016 byshri dayakar pasunoori, mp a billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appointamendment of article 3412 in article 341 of the constitution, after clause (2), the following clauses shall be added, namely:—5"(3) notwithstanding anything in this constitution, parliament may by law provide for sub-categorization or de-sub-categorization of the castes, races or tribes or part of or group within any castes, races or tribes specified in a notification issued under clause (1) or by law made by parliament under clause (2), in respect of a state or union territory, upon receiving a resolution recommending such sub-categorization or, as the case may be, de-sub-categorization passed by the legislature of that state or, as the case may be, union territory10(4) where the scheduled castes of a state or union territory are sub-categorized by parliament by law under clause (3), it shall be lawful to treat such sub-categories as distinct identities for the purposes of reservation in services in connection with the affairs of that state or, as the case may be, union territory, under clause (4) of article 16, and in admission to educational institutions run or substantially aided by the government of that state or, as the case may be, union territory, under clause (5) of article 15" statement of objects and reasonsarticle 341 of the constitution empowers the president to add or remove castes from the lists of scheduled castes however, it is well acknowledged that the scheduled castes are not a homogeneous group some castes are more backward than others this leads to disproportionate accruing of benefits of reservations to some communitiesundivided state of andhra pradesh acutely faced this problem in 1996 and it was brought to the notice of the then government of andhra pradesh the persons belonging to certain scheduled castes such as the 'maadigas' and 'rellis' complained that they were unable to compete with the persons belonging to certain other scheduled castes that were comparatively better off this led 'maadigas' and 'rellis' losing out on the benefits of reservations they demanded that the scheduled castes be categorized into four groups so that the benefits would be distributed evenly across all castesthe government of undivided state of andhra pradesh responded favourably with a government order in 1996 which was struck down by the andhra pradesh high court therefore, the legislature of the then state of andhra pradesh enacted a law in year 2000 known as the andhra pradesh scheduled castes (rationalisation of reservation), act, 2000, which was again struck down by the supreme court in the year 2004 the court's judgment was that the state government did not have the competence to legislate on this matter the andhra pradesh assembly then passed a resolution urging the union government to subcategorize the scheduled castes of the state the central government responded by setting up of the justice usha mehra commission in 2007 to examine the matterthe commission spent an year extensively travelling across andhra pradesh and studying the issue it concluded that the grievance of the 'maadigas' and 'rellis' was true and that benefits were indeed unfairly distributed the commission, in its report submitted on 1 may, 2008, had recommended subcategorization of the scheduled castes it clarified that this would not be a national level subcategorization and that as per the constitution, state could request for state-level subcategorization that pertained only to service and educational institutions in the respective state thus, this demand should be seen on a case to case basis in each statethe bill, therefore, seeks to amend the constitution with a view to provide that the parliament may by law provide for subcategorization or de-categorization of any caste, race or tribe or part of group within any caste, race or tribe upon receipt of a resolution from legislature of a state or union territory, as the case may behence this billmay 5, 2016 financial memorandumclause 2 of the bill empowers the parliament to subcategorize or de-subcategorize the existing castes, races or tribes or parts of or groups within castes, races or tribes as the scheduled castes for the purpose of state of andhra pradesh the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india on account of benefits to be provided to the persons belonging to subcategorized castes, races or tribes under the ongoing central schemes meant for development of the scheduled castesat this stage, it is not possible to give the exact amount to be incurred on this account however, it is expected that a recurring expenditure of about five hundred crore will be involved annuallyno non-recurring expenditure is likely to be involved annexure extract from the constitution of india scheduled castes341 (1) the president may with respect to any state or union territory, and where it is a state, after consultation with the governor thereof, by public notification, specify the castes, races or tribes or parts of or groups within castes, races or tribes which shall for the purposes of this constitution be deemed to be scheduled castes in relation to that state or union territory, as the case may be(2) parliament may by law include in or exclude from the list of scheduled castes specified in a notification issued under clause (1) any caste, race or tribe or part of or group within any caste, race or tribe, but save as aforesaid a notification issued under the said clause shall not be varied by any subsequent notification lok sabha———— a billfurther to amend the constitution of india————(shri dayakar pasunoori, mp)gmgipmrnd—1045ls(s3)—28-07-2016

Parliament_bills

254b8a57-5bb4-5e22-99bc-d4a9a56d327b

bill no 103 of 2015 the girls (free and compulsory) education bill, 2015 byshri rakesh singh, mp a billto provide for free and compulsory education to every girl whose parents are living below poverty linebe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the girls (free and compulsory) education act, 2015(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(b) "education" means education from primary level to the post graduation level and includes technical and medical education;(c) "girl" means a female who has not attained the age of twenty-five years; (d) "parent" includes the adoptive or step parent and guardian of a girl;5(e) "parents living below poverty line" in relation to a girl means parents whose income from all sources does not exceed rupees three thousand per month; and(f) "prescribed" means prescribed by rules made under this act10 3 the appropriate government shall provide free and compulsory education to every girl whose parents are living below poverty line and are ordinarily residing in its territorial jurisdictionfree and compulsory education to every girlexplanation—for the purpose of this section, ''free education'' includes:—(i) supply of books, writing materials and school uniform free of cost; (ii) provision of mid-day meal and hostel facilities free of cost;15(iii) payment of monthly stipend at the rate of not less than rupees one hundred at the primary level, rupees two hundred up to the middle level and rupees five hundred up to the higher secondary level; and(iv) provision of financial assistance for pursuing higher education including technical and medical education204 the appropriate government shall establish and maintain or cause to be established or maintained adequate number of schools, universities and institutions within its territorial jurisdiction in order to ensure education of girlsestablishment of schools and universities5 (1) it shall be the duty of every parent to admit or cause to be admitted his girl child in schoolduty of parents to admit their girl child to school25(2) no parent shall withdraw his girl child from a school or an institution of higher education, as the case may be, till she completes her course6 no person shall employ a girl in any job which prevents her from receiving education upto such level, as may be determined by the central governmentprohibition on employment of girlpunishments7 any person including parents, who for any reason prevents, restrains or obstructs a girl from attending school or receiving education, shall be punished with simple imprisonment for a term which may extend to one year and shall also be liable to fine30 8 the central government shall provide adequate funds to the state governments for effective implementation of the provisions of this actcentral government to provide adequate funds to the state governments power to make rules9 (1) the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act3540(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthe ability to read and write is an essential element of human faculty literacy is the first step towards acquiring the tools of learning and opening the doors of knowledge and information education, apart from opening opportunities for girls, also empowers them to resist oppression and claim their rightsin our country, girls belong to weaker and vulnerable section of the society although many steps have been taken to improve their condition, yet nothing concrete has been done even today, girls are not treated equally and are subjected to discrimination by their parents they are kept away from school and are forced to assist their mothers in household affairs and are deprived of the joys of childhood in various states, the menace of child marriage is still rampant and parents force their daughters into child marriage as they feel that their daughters are not safe after attaining the age of ten yearsit is an opportune time to take stock of the situation and to ensure that girls belonging to poor families are given free and compulsory education free education should also include stationery items, uniform, writing materials, books, hostel facilities, transport facilities, etc free of cost to encourage the girls to get enrolled for education this will not only help in eradicating illiteracy from the country but will also enable the girls to grow and compete with their male counterparts and raise their voice against any kind of injustice or exploitationhence this billnew delhi;rakesh singhmarch 16, 2015 financial memorandumclause 3 of the bill provides that the appropriate government shall provide free and compulsory education to every girl whose parents are living below poverty line clause 4 provides that appropriate government shall establish and maintain schools and other instituions of higher learning clause 8 provides for providing adequate funds to the state governments for effective implementation of the provisions of the act the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees fifteen hundred crore would be involved as recurring expenditure per annuma non-recurring expenditure of about rupees eighteen hundred crore is also likely to be involved memorandum regarding delegated legislationclause 5 of the bill empowers the central government to make rules for carrying out the provisions of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for free and compulsory education to every girl whose parents are living below poverty line————(shri rakesh singh, mp)mgipmrnd—5591ls(s3)—16-04-2015

Parliament_bills

60fed114-9c4b-5aa0-978c-02a19d0e251f

bill no xliv of 2014 the indian penal code and other laws (amendment) bill, 2014 a billfurther to amend the indian penal code, 1860, the narcotics drugs and psychotropic substances act, 1985 and the army act, 1950be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—1 (1) this act may be called the indian penal code and other laws (amendment)act, 2014short title, extent and commencement(2) it extends to the whole of india5(3) it shall come into force with immediate effect45 of 18602 in section 53 of the indian penal code, 1860, the words "first death" shall beomittedamendment of section 53 of act61 of 19853 section 31a of the narcotics drugs and psychotropic substances act, 1985, shallbe omitted10omission of section 31a of act46 of 19504 section 34 of the army act, 1950 shall be omittedomission of section 34 of act statement of objects and reasonsthe death penalty is the ultimate denial of human rights it is pre-meditated and cold blooded killing of human being by the state this cruel, inhuman and degrading punishment is done in the name of justice it violates the right to life enshrined in the constitution as well as in the universal declaration of human rights according to the national crime records bureau, a total of 1455 convicts or an average of 132 convicts per year were given death penalty during 2001 to 2011 during the same period, sentence for 4321 convicts were commuted from death penalty to life imprisonmentsection 53 of the indian penal code provides for death sentence and life imprisonment as alternative punishment under certain circumstances this is not a single offence in the indian penal code which is punishable with mandatory death penalty in section 53 of the indian penal code death sentence sets the upper limit of punitive strategy there is no guidelines as to when capital punishment in preference to imprisonment for life or lesser sentence of life imprisonment be awarded in addition to the indian penal code other laws like the narcotics drugs and psychotropic substances act, 1985 and the army act, 1950 also have similar provisions further, in india the mode of execution of death sentence is by hanging the supreme court in attorney general of india versus lachma devi, air 1980 sc 467 held that hanging even if permitted under rule would violate article 21 of the constitution being barbaric, disgraceful and bringing shame on any civilized society so far ninety-eight countries have already abolished death penalty now, it is the time for india to follow suit by amending related lawsthe bill seeks to abolish the death penalty in all cases without exception regardless of the nature of the crime, the characteristic of the offender or the method used by the state to kill the prisonerp rajeeve annexure extracts from the narcotic drugs and psychotropic substances act, 1985 (61 of 1985)| ||----------------|| death || penalty for || certain || offences after || previous || conviction |31a (1) notwithstanding anything contained in section 31, if any person who has been convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, any of the offences punishable under section 19, section 24, section27a and for offences involving commercial quantity of any narcotic drug or psychotropic substance, is subsequently convicted of the commission of, or attempt to commit, or abetment of, or criminal conspiracy to commit, an offence relating to,—(a) engaging in the production, manufacture, possession, transportation, import into india, export from india or transhipment, of the narcotic drugs or psychotropic substances specified under column (1) of the table below and involving the quantity which is equal to or more than the quantity indicated against each such drug or substance, as specified in column (2) of the said table:| particulars of narcotic drugs/ | quantity ||------------------------------------------------|-------------------------------------------|| psychotropic substances | || (1) | (2) || (i) opium | 10 kgs || (ii) morphine | 1 kg || (iii) heroin | 1 kg || (iv) codeine | 1 kg || (v) thebaine | 1 kg || (vi) cocaine | 500 grams || (vii) hashish | 20 kgs || (viii) any mixture with or without any neutral | lesser of the quantity between || material of any of the above drugs | the quantities given against the || respective narcotic drugs or | || psychotropic substances mentioned | || above forming part of the mixure | || (ix) lsd, lsd-25(+)-n,n-diethyllysergamide | 500 grams || (d-lysergic acid diethylamide) | || (x) thc tetrahydrocannabinols, the | 500 grams || following isomers: 6a(10a), 6a(7), | || 7, 8, 9, 10, 9) and their stereo- | || chemical variants) | || (xi) methamphetamine(+)-2-methyhamine-1- | 1,500 grams || phenylpropane | || (xii) methaqualone (2-methyl-3-o-tolyl-4-(3h)- | 1,500 grams || quinazolinon) | |(1)(2)(xiii) amphetamine(+)-2-amino-1-phenylpropane 1,500 grams(xiv) salts and preparations of the psychotropic1,500 grams;substances mentioned in (ix) to (xiii)(b) financing, directly or indirectly, any of the activities specified in clause "shall be punished with punishment which shall not be less than the punishment specified in section 31 or with death" outside india under any law corresponding to the provisions of section 19, section 24 or section 27a and for offences involving commercial quantity of any narcotic drug or psychotropic substance], such person, in respect of such conviction, shall be dealt with for the purposes of sub-section (1) as if he had been convicted by a court in india extracts from the army act, 1950 (46 of 1950) 34 any person subject to this act who commits any of the following offences, that is to say,—offences in relation to the enemy and punishable with death(a) shamefully abandons or delivers up any garrison, fortress, post, place or guard, committed to his charge, or which it is his duty to defend, or uses any means to compel or induce any commanding officer or other person to commit any of the said acts; or(b) intentionally uses any means to compel or induce any person subject to military, naval or air force law to abstain from acting againt the enemy, or to discourage such person from acting against the enemy; or(c) in the presence of the enemy, shamefully casts away his arms, ammunition, tools or equipment or misbehaves in such manner as to show cowardice; or(d) treacherously holds correspondence with, or communicates intelligence to, the enemy or any person in arms against the union; or(e) directly or indirectly assists the enemy with money, arms, ammunition, stores or supplies; or(f) treacherously or through cowardice sends a flag of truce to the enemy; or (g) in time of war or during any military operation, intentionally occassions a false alarm in action, camp, garrision or quarters, or spreads reports calculated to create alarm or despondency; or(h) in time of action leves his commanding officer or his post, guard, picquet, patrol or party without being regularly relieved or without leave; or(i) having been made a prisoner of war, voluntarily serves with or aids the enemy; or(j) knowingly harbours or protects an enemy not being a prisoner; or (k) being a sentry in time of war or alarm, sleeps upon his post or is intoxicated;or(l) knowingly does any act calculated to imperil the success of the military, naval or air forces of india or any forces co-operating therewith or any part of such forces;shall, on conviction by court-martial be liable to suffer death or such less punishment as is in this act mentioned extracts from the indian penel code (45 of 1860) punishments53 the punishments to which offenders are liable under the provision of this code are—first - death; secondly—imprisonment for life; fourthly—imprisonment, which is of two descriptions, namely : —(1) regorous, that is, with hard labour; (2) simple;fifthly - forfeiture of property; sixthly—fine rajya sabha———— a billfurther to amend the indian penal code, 1860, the narcotics drugs and psychotropic substances act, 1985 and the army act, 1950————(shri p rajeeve, mp)gmgipmrnd—3808rs(s3)—18122014

Parliament_bills

bfad7e05-235a-5192-80a3-236b76d260b8

financial memorandumclause 3 of the bill provides for the setting up of the tailoring workers welfare fund for the welfare of tailoring werkers in the country it further provides that central government shall also contribute to the fund clause 4 provides for the setting up of a committee for administration of the fund the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one hundred crore per annum a non-recurring expenditure of about rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 6 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative powers is of a normal character

Parliament_bills

582f3e05-c00e-5799-a96e-2670e3564ada

--------------- arrangement of clauses -------------- chapter i preliminary clauses 1 short title and commencement 2 declaration of rajiv gandhi institute of petroleum technology as an institution of national importance 3 definitions chapter ii the institute 4 incorporation of institute 5 constitution of board of governors 6 term of office of, vacancies among, and allowances payable to, members of board 7 vesting of properties 8 effect of incorporation of institute 9 functions of institute 10 powers of board 11 institute to be open to all races, creeds and clauses 12 teaching at the institute 13 visitor 14 authorities of institute 15 establishment of general council 16 powers and functions of general council 17 senate 18 functions of senate 19 president of board 20 director 21 registrar 22 powers and duties of other authorities and officers 23 grants by central government 24 fund of institute 25 setting up of endowment fund 26 accounts and audit 27 pension and provident fund 28 appointments 29 statutes 30 statutes how made 31 ordinances 32 ordinances bow made 33 conduct of business by authorities of institute 34 tribunal of arbitration chapter iii miscellaneous35 acts and proceedings not to be invalidated by vacancies 36 grant of degrees, etc, by institute 37 sponsored schemes 38 power to remove difficulties 39 transitional provisions 40 statutes, ordinances and notifications to be published in the official gazette and to be laid before parliament a bill to declare the institution known as the rajiv gandhi institute of petroleum technology to be an institution of national importance and to provide for its incorporation and matters connected therewith be it enacted by parliament in the fifty-eighth year of the republic of india as follows:- chapter 1 preliminary short title and commencement declaration of rajiv gandhi institute of petroleum technology as an institution of national importance definitions 1 (1) this act may be called the rajiv gandhi institute of petroleum technology act, 2007 (2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint and different dates may be appointed for different provisions of this act 2 whereas the objects of the institution known as the rajiv gandhi institute of petroleum technology, jias, district - rae bareli, uttar pradesh are such as to make the institution one of national importance, it is hereby declared that the institution known as the rajiv gandhi institute of petroleum technology is an institution of national importance 3 in this act, unless the context otherwise requires:- a) "appointed day" means the date appointed under sub-section (2) of section 1 for coming into force of this act; b) "board" means the board of governors of the institute constituted under sub-section (1) of section 5; c) "chairperson" means the chairperson of the general council established under section 15; d) "director" means the director of the institute appointed under section 20; e) "fund" means the fund of the institute to be maintained under section 24; f) "institute" means the rajiv gandhi institute of petroleum technology incorporated under section 4; g) "president" means the president of the board appointed under clause (a) of the sub-section(1) of section 5; h) "registrar" means the registrar of the institute referred to in section 21; i) "general council" means the general council established under sub-section (1) of section 15; j) "senate" means the senate of the institute referred to in section 17; k) "society" means the rajiv gandhi institute of petroleum technology society, jais, district - rae bareli, uttar pradesh registered under the societies registration act, 1860; and l) "statutes" and "ordinances" mean respectively, the statutes and ordinances of the institute made under this act chapter ii the institute incorporation of institute constitution of board of governors 4 the rajiv gandhi institute of petroleum technology shall be a body corporate having perpetual succession and a common seal with power, subject to the provisions of this act, to acquire, hold and dispose of property and to contract, and shall, by that name, sue and be sued 5 (1) with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be constituted by the central government for the purpose of this act, a board to be known as the board of governors consisting of the following members, namely :- a) the president to be appointed by the central government in such manner as may be prescribed by the statutes; provided that the first president shall be appointed by the central government on such terms and conditions as it deems fit, for a period not exceeding six months from the date the first statutes comes into force b) the director of the institute, ex officio; c) two persons from the board of directors of the promoting companies to be nominated by the central government explanation:- for the purposes of this clause, promoting companies mean those companies contributing to the endowment fund referred to in section 25; d) one professor of the indian institute of technology, kanpur to be nominated by the director of that institute e) five eminent experts in the field of petroleum technology covering the entire hydrocarbon value chain having specialized knowledge or operational experience in respect of education, research, engineering and technology to be nominated by the general council, in consultation with the director of the institute; f) two professors of the institute to be nominated by the senate of the institute; and g) one representative of the graduates of the institute to be nominated by the executive committee of the alumni association (2) the registrar of the institute shall act as the secretary of the board (3) the board shall ordinarily meet four times during a calendar year terms of office of, vacancies among and allowances payable to members of board 6 (1) save as otherwise provided in this section, the term of office of the president or any other member of the board, other than ex officio member shall be three years from the date of his appointment or nomination thereto (2) an ex officio member shall cease to be a member of the board as soon as he vacates the office by virtue of which he is a member of the board (3) the term of a member nominated to fill a casual vacancy shall continue for the remainder of the term of the member in whose place he has been nominated (4) notwithstanding anything contained in this section, an out-going member shall, unless the central government otherwise directs, continue in office until another person is nominated as a member in his place (5) the members of the board shall be entitled to such allowances, if any, from the institute as may be provided for in the statutes but no member other than the members referred to in clause (f) of section 5 shall be entitled to any salary vesting of properties 7 on and from the appointed day and subject to the other provisions of this act, all properties which had vested in the society immediately before that day, shall, on and from that day, vest in the institute effect of incorporation of institute 8 on and from the appointed day, - a) any reference to the society in any contract or other instrument shall be deemed as a reference to the institute; b) all the rights and liabilities of the society shall be transferred to, and be the rights and liabilities of, the institute; and c) every person employed by the society immediately before the appointed day shall hold office or service in the institute by the same tenure, at the same remuneration and upon the same terms and conditions and with the same rights and privileges as to pension, leave, gratuity, provident fund and other matters as he would have held the same if this act had not been passed, and shall continue to be so unless and until his employment is terminated or until such tenure, remuneration and terms and conditions are duly altered by the statutes: provided that if the alteration so made is not acceptable to such employee, his employment may be terminated by the institute in accordance with the terms of the contract with the employee or, if no provision is made therein in this behalf, on payment to him by the institute of compensation equivalent to three months' remuneration in the case of permanent employees and one month's remuneration in the case of other employees functions of institute 9 the institute shall perform the following functions, namely :- (i) nurture and promote quality and excellence in education and research in the area of petroleum and hydrocarbons; (ii) provide for programmes and courses of instruction and research leading to the award of the bachelors, masters and doctoral degrees in engineering and technology, management, sciences and arts in the area of petroleum and hydrocarbons; (iii) grant, subject to such conditions as the institute may determine, degrees, diplomas, certificates or other academic distinctions or titles at various academic levels to candidates who have attained the prescribed standards of proficiency as judged on the basis of examinations or on any other basis of testing and evaluation and to withdraw any such degrees, diplomas, certificates or other academic distinctions or titles for good and sufficient reasons; (iv) confer honorary degrees or other distinctions and to institute and award fellowships, scholarships, exhibitions, prizes and medals; (v) lay down standards of admission to the institute through an examination or a viva voice or any other method of testing and evaluation; (vi) fix, demand and receive fees and other charges; (vii) manage the content, quality, design and continuous evaluation of its academic and research programmes in a manner that earns accreditation of an international stature; (viii) promote research and development for the benefit of the oil, gas and petrochemical industry through the integration of teaching and research; (ix) foster close educational and research interaction through networking with national, regional and international players in the oil, gas and petrochemical industry; (x) co-operate with educational and research institutions in any part of the world having objects wholly or partly similar to those of the institute by exchange of teachers and scholars, conduct of joint research, undertaking sponsored research and consultancy projects, etc; (xi) organize national and international symposia, seminars and conferences in the area of petroleum and hydrocarbons; (xii) establish, maintain and manage halls of residences and hostels for students; (xiii) create academic, administrative, technical and other posts and to make appointments thereto; (xiv) lay down conditions of service including a code of conduct for teachers and other categories of employees; (xv) supervise, control and regulate the discipline of all categories of employees of the institute and to make arrangements for promoting their health and general welfare; (xvi) supervise and regulate the discipline of students and to make arrangement for promoting their health, general welfare and cultural and corporate life; (xvii) frame statues and ordinances and to alter, modify or rescind the same; (xviii) deal with any property belonging to or vested in the institute in such manner as the institute may deem fit for advancing its objects; (xix) receive gifts, grants, donations or benefactions from the central and state governments and to receive bequests, donations, grants and transfers of movable or immovable properties from testators, donors, transferors, alumni, industry or any other person; (xx) borrow money for the purposes of the institute with or without security of the property of the institute; (xxi) integrate new technology in the classroom to encourage student-centric learning strategies and the development of an attitude for learning; (xxii) develop and maintain an information resource centre of print and non-print knowledge resources in the field of petroleum sector covering the entire hydrocarbon value chain as well as other related areas of science and technology; (xxiii) provide for further education to the working professionals and other employees of the institute in the advanced areas of technology relating to oil, gas and complete hydrocarbon value chain; (xxiv) do all things, not specially covered above, as may be necessary, incidental or conducive to the attainment of all or any of the objects of the institute 10 (1) subject to the provisions of this act, the board shall be responsible for the general superintendence, direction and control of the affairs of the institute and shall exercise all the powers not otherwise provided for by this act, the statutes and the ordinances, and shall have the power to review the acts of the senate (2) without prejudice to the provisions of sub-section (1), the board shall - (a) take decisions on questions of policy relating to the administration and working of the institute; (b) lay down policy regarding the duration of the courses, nomenclature of the degrees and other distinctions to be conferred by the institute; powers of board (c) institute courses of study and to lay down standards of proficiency and other academic distinctions in respect of the courses offered by the institute; (d) lay down policy regarding the cadre structure, qualification, the method of recruitment and conditions of service of the teaching and research faculty as well as other employees of the institute; (e) guide resource mobilization of the institute and to lay down policies for investment; (f) consider and approve proposals for taking loans for purposes of the institute with or without the security of the property of the institute; (g) frame statutes and to alter, modify or rescind the same; (h) consider and pass resolutions on the annual report, the annual accounts and the budget estimates of the institutes for the next financial year as it thinks fit together with a statement of its development plans; and (i) do all such things as may be necessary, incidental or conductive to the attainment of all or any of the aforesaid powers (3) the board shall have the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under this act (4) the board shall have the power to establish campuses and academic centers as at any place within or outside india: provided that no campus or academic center shall be established outside india without prior approval of the central government (5) notwithstanding anything contained in section 4, the board shall not dispose of in any manner, any immovable property of the institute without prior approval of the central government (6) the board may, through a specific resolution to this effect, delegate any of its powers and duties to the president, director, any officer or any authority of the institute subject to reserving the right to review the action that may be taken under such delegated authority 11 (1) the institute shall be open to persons of either sex and of whatever race, creed, caste or class, and no test or condition shall be imposed as to religious belief or profession in admitting or appointing members, students, teachers or employees or in any other connection whatsoever (2) no bequest, donation or transfer of any property shall be accepted by the institute which in the opinion of the board involves conditions or obligations opposed to the spirit and object of institute to be opened to all races, creeds and classes this section 12 all teaching and other academic activities at the institute shall be conducted by or in the name of the institute in accordance with the statutes and the ordinances made in this behalf 13 (1) the president of india shall be the visitor of the institute (2) the visitor may appoint one or more persons to review the work and progress of the institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may direct (3) upon receipt of any such report, the visitor may take such action and issue such directions as he considers necessary in respect of any of the matters dealt with in the report and the institute shall be bound to comply with such directions 14 the following shall be the authorities of the institute, namely:- teaching at the institute visitor authorities of the institute establishment of general council(a) the general council; (b) the board of governors; (c) the senate; (d) such other authorities as may be declared by the statutes to be the authorities of the institute 1) with effect from such date as the central government may, by notification in the official gazette, appoint, there shall be established, for the purposes of this act, a body to be known as the general council (2) the general council shall consist of the following members namely:- (a) the secretary, ministry of petroleum and natural gas in the central government, ex officio, who shall be the chairperson of the council; (b) the chairman and managing director, indian oil corporation, ex officio; (c) the chairman and managing director, hindustan petroleum corporation limited, ex-officio; (d) the chairman and managing director, bharat petroleum corporation limited, ex officio; (e) the chairman and managing director, oil and natural gas corporation, ex-officio; (f) the chairman and managing director, gas authority of india limited, ex officio; (g) the chairman and managing director, oil india limited, ex officio; (h) the director general of hydrocarbons, ex officio; (i) the advisor (energy), planning commission, ex officio; (j) the executive director, oil industry safety directorate, ex officio; (k) the director, indian institute of technology, kanpur, ex officio, (l) the dean school of chemical technology, mumbai university, ex officio; (m) the secretary, oil india development board, ex officio; (n) the president of the board, ex officio; and (o) the director of the institute, ex officio; (p) persons, not less than two but not exceeding four, representing the private entities in the field of petroleum sector operating in the country, to be nominated by the chairperson (4) the registrar of the institute shall be the ex officio secretary of the general council (5) the chairperson shall have the power to invite any person who is not a member of the council to attend its meeting of the council but such invitee shall not be entitled to vote 16 subject to the provisions of this act, the general council shall have the following powers and functions, namely:- (a) review from time to time the broad policies and programmes of the institute and to suggest measures for the improvement and development thereof; (b) consider the annual statement of accounts including a balance sheet together with the audit report thereto and the observations of the board of governors thereon and to suggest improvements in fiscal management of the institute; (c) review and evaluate overall quality and effectiveness of the institute and to advise measures for improvement of performance and for confidence- building between the institute and its stakeholders; (f) provide credibility, aura, connectivity and contacts for the institute especially with regard to student placement and resource mobilization; (g) advise the institute and its board in respect of the advanced areas of technology in the field of the petroleum sector covering the entire hydrocarbon value chain that may be desirable for the institute to pursue as well as in respect of any other matter that may be referred to it for advice by the board of governors 17 the senate of the institute shall be the principal academic body and its composition shall be such as may be prescribed by the statutes powers and functions of general council senate 18 subject to the provisions of this act, the statutes and the ordinances, the senate shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes 19 (1) the president shall ordinarily preside at the meetings of the board and at the convocations of the institute (2) it shall be the duty of the president to ensure that the decisions taken by the board are implemented (3) the president shall exercise such other powers and perform such other duties as may be assigned to him by this act or the statutes 20 (1) the director of the institute shall be appointed by the central government in such manner and on such terms and conditions as may be prescribed by the statutes: provided that the first director shall be appointed by the central government on such terms and conditions as it deems fit, for a period not exceeding six months from the date the first statutes comes in to force functions of senate president of board director registrar (2) the director shall be the principal academic and executive officer of the institute and shall be responsible for the proper administration and academic performance of the institute and for imparting of instruction and maintenance of discipline therein (3) the director shall submit annual reports and accounts to the board (4) the director shall exercise such other powers and perform such other duties as may be assigned to him by this act, the statutes or the ordinances 21 (1) the registrar of the institute shall be appointed in such manner and on such terms and conditions as may be laid down by the statutes and shall be the custodian of records, the common seal, the funds of the institute and such other property of the institute as the board shall commit to his charge (2) the registrar shall act as the secretary of the general council, the board, the senate and such committees as may be prescribed by the statutes (3) the registrar shall be responsible to the director for the proper discharge of his functions (4) the registrar shall exercise such other powers and perform such other duties as may be assigned to him by this act, the statutes or by the director 22 the powers and duties of authorities and officers, other than those hereinbefore mentioned, shall be determined by the statutes powers and duties of other authorities and officers grants by central government fund of institute setting up of endowment fund accounts and audit 23 for the purpose of enabling the institute to discharge its functions efficiently under this act, the central government may, after due appropriation made by parliament by law in this behalf, pay to the institute in each financial year such sums of money and in such manner as it may think fit 24(1) the institute shall maintain a fund to which shall be credited - (e) all moneys provided by the central government; (f) all fees and other charges; (g) all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers; and (h) all moneys received by the institute in any other manner or from any other source (4) all moneys credited to the fund shall be deposited in such banks or invested in such manner as may be decided by the board, (5) the fund shall be applied towards meeting the expenses of the institute including expenses incurred in the exercise of its powers and discharge of its duties under this act 25 notwithstanding anything contained in section 24, the institute may,- (b) set up an endowment fund and any other fund for a specified purpose; and (b) transfer money from its fund to the endowment fund or any other fund 26 (1) the institute shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, including the balance-sheet, in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india (2) the accounts of the institute shall be audited by the comptroller and auditor-general of india and any expenditure incurred by him in connection with such audit shall be payable by the institute to the comptroller and auditor-general of india (3) the comptroller and auditor-general of india and any person appointed by him in connection with the audit of the accounts of the institute shall have the same rights, privileges and authority in connection with such audit as the comptroller and auditor general of pension and provident fund appointments statutesindia has in connection with the audit of the government accounts, and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect the offices of the institute (6) the accounts of the institute as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and the central government shall cause the same to be laid before each house of parliament 27 (1) the institute shall constitute for the benefit of its employees, including the director, such as pension, insurance and provident fund scheme as it may deem fit, in such manner and subject to such conditions as may be prescribed by the statutes (2) where any such provident fund has been so constituted, the central government may declare that the provisions of the provident funds act, 1925 shall apply to such fund as if it were a government provident fund 28 all appointments of the staff of the institute, except that of the director, shall be made in accordance with the procedure laid down in the statutes,- (a) by the board, if the appointment is made on the academic staff in the post of assistant professor or above or if the appointment is made on the non-academic staff in any cadre, the maximum of the pay-scale for which is the same or higher than that of assistant professor; and (b) by the director, in any other case 29 subject to the provisions of this act, the statutes may provide for all or any of the following matters, namely:- (a) the formation of departments of teaching and other academic units; (b) the institution of fellowships, scholarships, exhibitions, medals and prizes; (c) the classification of posts, terms of office, method of appointment, powers and duties and other terms and conditions of service of the officers of the institute including the president, the director, the registrar, and such other officers as may be declared as officers of the institute by the statutes; (d) the classification, the method of appointment and the determination of the terms and conditions of service or officers, teachers and other staff of the institute; (e) the reservation of posts for the schedule castes, the schedule tribes and other categories of persons as may be determined by the central government; (f) the constitution of pension, insurance and provident funds for the benefit of the officers, teachers and other staff of the institute; (g) the constitution, powers and duties of the authorities of the institute referred in clause (d) of section 14; (h) the delegation of power; (i) the code of conduct, disciplinary actions thereto for misconduct including removal from service of employees on account of misconduct and the procedure for appeal against the actions of an officer or authority of the institute; (j) the conferment of honorary degrees; (k) the establishment and maintenance of halls, residences and hostels; (l) the authentication of the orders and decisions of the board; (m) any other matter which by this act is to be, or may be, prescribed by the statutes 30 (1) the first statutes of the institute shall be framed by the central government and a copy of the same shall be laid as soon as may be before each house of parliament (2) the board may, from time to time, make new or additional statutes or may amend or repeal the statutes in the manner hereafter in this section provided statutes how made ordinances (3) a new statute or addition to the statutes or any amendment or repeal of a statute shall require the previous approval of the general council who may assent thereto or withhold assent or remit it to the board for consideration (4) a new statute or a statute amending or repealing an existing statute shall have no validity unless it has been assented to by the general council 31 subject to the provisions of this act and the statutes, the ordinances may provide for all or any or the following matters, namely:- (a) the admission of the students to the institute; (b) the reservation for the scheduled castes, the scheduled tribes and other categories of persons; (c) the courses of study to be laid down for all degrees, diplomas ordinance how made conduct of business by authorities of institute tribunal of arbitration and certificates of the institute; (d) the conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the institute and the eligibility conditions for awarding the same; (e) the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes; (f) the conditions and manner of appointment and duties of examining bodies examiners and moderators; (g) the conduct of examinations; (h) the maintenance of discipline among the students of the institute (i) the fees to be charged for courses of study in the institute and for admission to the examinations of degrees of the institute; (j) the conditions of residence of students of the institute and the levying of the fees for residence in the halls and hostels and of other charges; and (k) any other matter which by this act or the statutes is to be, or may be, provided by the ordinances 32(1) save as otherwise provided in this section, ordinances shall be made by the senate (2) all ordinances made by the senate shall have effect from such date as it may direct, but every ordinance so made shall be submitted, as soon as may be, to the board and shall be considered by the board at its next succeeding meeting (3) the board shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be 33 the authorities of institute may have their own rules, procedure, consistent with the provisions of this act, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by this act, the statutes or the ordinances 34(1) any dispute arising out of a contract between the institute and any of its employees shall, at the request of the employee concerned or at the instance of the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitor (2) the decision of the tribunal of arbitration shall be final acts and proceedings not to be invalidated by vacancies grant of degrees, etc, by institute sponsored schemes (3) no suit or proceeding shall lie in any court in respect of any matter which is required by the sub-section (1) to be referred to the tribunal of arbitration (4) the tribunal of arbitration shall have power to regulate its own procedure (5) nothing in any law for the time being in force relating to arbitration shall apply to arbitrations under this section chapter iii miscellaneous 35 no act of the institute or council or board or senate or any other body set up under this act or the statutes, shall be invalid merely by reasons of - (a) any vacancy in, or defect in, the constitution thereof, or (b) any defect in the election, nomination or appointment, of person acting as member thereof, or (c) any irregularity in its procedure not affecting the merits of the case 36 notwithstanding anything contained in the university grants commission act, 1956 or in any other law for the time being in force, the institute shall have power to grant degrees and other academic distinctions and titles under this act 37 notwithstanding anything in this act, whenever the institute receives funds from any government, the university grants commission or any other agency including industry sponsoring a research scheme, a consultancy assignment, a teaching programme or a chaired professorship or a scholarship, etc,, to be executed or endowed at the institute; (a) the amount received shall be kept by the institute separately from the fund of the institute and utilized only for the purpose of the scheme; and (b) the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisaton: provided that any money remaining unutilised under clause (a) shall be transferred to the endowment fund created under section 25 power to remove difficulties transitional provisions statutes, ordinances regulations and notifications to be published in the official gazette and to be laid before parliament 38 (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 or give such directions not inconsistent with the provisions of this act, as appears to it be the necessary or expedient for removing the difficulty; provided that no such order shall be made after the expiry of two years from the appointed day (2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament 39 notwithstanding anything contained in this act,- (a) the board of governors of the society functioning as such immediately before the commencement of this act shall continue to so function until a new board is constituted for the institute under this act, but on the constitution of a new board under this act, the members of the board holding office before such constitution shall cease to hold office; and (b) until the first statutes and the ordinances are made under this act, the statutes and the ordinances of the rajiv gandhi institute of petroleum technology society, or notification as in force, immediately before the commencement of this act, shall continues to apply to the institute in so far as they are not inconsistent with the provisions of this act 40(1) every statute or ordinance made or notification issued under this act shall be published in the official gazette (2) every statue or ordinance made or notification issued made under this act shall be laid, as soon as may be after it is made, before each house or parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the statute, ordinance or notification or both houses agree that the statute, ordinance or notification should not be made or issued, the statute, ordinance or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that statute, ordinance or notification (3) the power to make the statutes, ordinances or notifications shall include the power to give retrospective effect from a date not earlier than the date of commence of this act, to the statues, ordinances, notifications or any of them but no retrospective effect shall be given to any statute, ordinance or notification so as to prejudicially affect the interests of any person to whom such statute, ordinance or notification may be applicable statement of objects and reasons it has become necessary to intensify exploration in the petroleum sector, with a view to achieve hundred per cent coverage of all unexplored basins in a time bound manner in this context, apart from technology, availability of adequate number of qualified personnel would be a prime requirement in the coming years it is estimated that the gap between the availability and requirement of trained manpower in the field of petroleum technology in india would be about thirty-six thousand by the year 2019 the existing institutes are not adequate to meet the increasing requirement of technical manpower and they do not have specific orientation to the requirements of the petroleum sector 2 the central government has, therefore, decided to set up rajiv gandhi institute of petroleum technology (rgipt) at jias, district - rai bareli, uttar pradesh to meet the shortfall of trained manpower in the petroleum sector the institute is designed to serve as the fountainhead for the nurturing of world class technical human resources capable of serving as the leaders and innovators of tomorrow in the field of petroleum technology and engineering covering the entire hydrocarbon value chain the bill aims to declare the rajiv gandhi institute of petroleum technology as an "institute of national importance" 3 the bill seeks to achieve the above objects murli deora new delhi; the 23rd august, 2007 notes on clauses clause 2 seeks to declare the rajiv gandhi institute of petroleum technology as an institution of national importance clause 3 defines the various expressions used in the bill clause 4 provides for the incorporation of the rajiv gandhi institute of petroleum technology clause 5 provides for the constitution of the board of governors clause 6 provide for the term of office of vacancies among and allowances payable to the members of the board clause 7 provides that on and from the appointed day, all properties which had vested in the society shall vest in the institute clause 8 provides for the effect of incorporation of the institute in respect of the rights, liabilities and employees of the institute clause 9 lays down the various functions of the institute in respect of promotion of quality and excellence in education and research in the area of petroleum and hydrocarbons and other related matters clause 10 enumerates the various powers and functions of the board of governors the powers of the board, inter alia, include the power to appoint such committees as it considers necessary for the exercise of its powers and the performance of its duties under the bill the power to establish campus and academic centers at any place within india and with the prior approval of the central government, establish any campus or academic center outside india clause 11 provides that the institute shall be open to persons of either sex and of whatever race, creed, caste or class, and no test condition shall be imposed as to religious belief or profession in admitting or appointing students, teachers or employees or in any other connection whatsoever sub-clause (2) also provides that no bequest, donation of transfer of any property shall be accepted by the institute which in the opinion of the board involves conditions or obligations opposed to the spirit and object of this clause clause 12 provides that all teaching and other academic activities at the institute shall be conducted by or in the name of the institute in accordance with the statutes and ordinances made in this behalf clause 13 provides that the president of india shall be the visitor of the institute sub-clause (2) also empowers the visitor to appoint one or more persons to review the work and progress of the institute and to hold inquiries into the affairs thereof and to report thereon in such manner as the visitor may direct clause 14 enumerates various authorities of the institute such as the general council, the board of governors, the senate, and such other authorities as may be declared by the statutes to be the authorities of the institute clause 15 provides for the establishment and composition of the general council sub-clause (2) provides that chairperson of the council shall be the secretary, ministry of petroleum and natural gas in the central government sub-clause (4) empowers the chairperson to invite any person who is not a member of the general council to attend its meeting but such invitee shall not be entitled to vote clause 16 provides for the powers and functions of the general council clause 17 provides that the senate of the institute shall be the principal academic body and its composition shall be such as may be provided by the statutes clause 18 provides that the senate of the institute shall have the control and general regulation, and be responsible for the maintenance of standards of instruction, education and examination in the institute and shall exercise such other powers and perform such other duties as may be conferred or imposed upon it by the statutes clause 19 provides for the duties, powers and functions of the president of the board clause 20 makes provision for the appointment, functions and powers of the director of the institute clause 21 makes provision for the appointment, functions and powers of the registrar clause 22 provides that the powers and duties of other authorities and officers shall be determined by the statutes clause 23 provides that the central government may, after due appropriation made by parliament by law in this regard, pay to the institute in each financial year such sums of money and in such manner as it may think fit clause 24 provides that the institute shall maintain a fund to which all moneys provided by the central government, all fees and other charges, all moneys received by the institute by way of grants, gifts, donations, benefactions, bequests or transfers and all moneys received by the institute in any other manner or from any other source shall be credited clause 25 provides for creation of an endowment fund and any other fund for a specified purpose clause 26 provides that the institute 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 and the central government shall cause the audit report to be laid before each house of parliament clause 27 requires the institute to constitute pension, insurance and provident fund schemes for the benefit of its employees clause 28 provides that all appointment of the staff of the institute, except that of the director, shall be made in accordance with the procedure as may be laid down in the statutes clause 29 provides for various matters in respect of which statutes may be framed subject to the provisions of the bill clause 30 provides that the first statutes of the institute shall be framed by the central government and a copy of the same shall be laid as soon as may be before each house of parliament sub-clause (2) provides that the board may, from time to time, make new or additional statutes or may amend or repeal the statutes with the previous approval of the general council, who may assent thereto or withhold assent or remit it to the board for consideration clause 31 provides for various matters in respect of which ordinances may be framed subject to the provisions of the bill clause 32 provides that ordinances shall be made by the senate and submitted, as soon as may be, to the board for its consideration sub-clause (2) provides that the board shall have power by resolution to modify or cancel any such ordinance and such ordinance shall from the date of such resolution stand modified accordingly or cancelled, as the case may be clause 33 provides that the authorities of institute may have their own rules and procedures consistent with the provisions of the bill, the statutes and the ordinances for the conduct of their own business and that of the committees, if any, appointed by them and not provided for by the bill, the statutes or the ordinances clause 34 provides that any dispute arising out of a contract between the institute and any of its employees shall, at the request of the employee concerned or at the instance or the institute, be referred to a tribunal of arbitration consisting of one member appointed by the institute, one member nominated by the employee, and an umpire appointed by the visitor clause 35 provides for circumstances under which the act of the institute or general council or board or senate or any other body set up under the bill or the statutes, shall not be declared invalid clause 36 empowers the institute to grant degrees and other academic distinctions and titles clause 37 provides that funds received for specific assignments or sponsored projects shall be kept separately from the fund of the institute and utilised exclusively for the purpose of such specific assignments or sponsored projects and the staff required to execute the same shall be recruited in accordance with the terms and conditions stipulated by the sponsoring organisation clause 38 empowers the central government to remove any difficulty that may arise in giving effect to the provisions of the bill, within a period of two years from the appointed day and every such order shall be laid, as soon as may be after it is made, before each house of parliament clause 39 relates to transitional provisions the clause provides that the board of governors of the society functioning as such immediately before the enactment of the bill shall continue to so function until a new board is constituted for the institute under the new enactment, but on the constitution of a new board the members of the board holding office before such constitution shall cease to hold office similarly, until the first statutes and the ordinances are made on the enactment of the proposed bill, the statutes and the ordinances of the rajiv gandhi institute of petroleum technology society, or notification as in force, immediately before such enactment, shall continue to apply to the institute in so far as they are not inconsistent with the provisions of the bill clause 40 requires all statutes, ordinances and notifications to be published in the official gazette and to be laid before each house of parliament financil memorandum the bill provides for establishment of the rajiv gandhi institute of petroleum technology (rgipt) at jias, district - rai bareli, uttar pradesh clause 23 of the bill provides for payment of grants to the institute by the central government after due appropriation made by parliament by law in this behalf the establishment of the institute involves total capital expenditure of rs 435 crores and total recurring expenditure of rs 26058 crores the capital expenditure would partially be met through budgetary support to the tune of rs 285 crores and partially through a grant from oil industries development board to the tune of rs 150 crores the recurring expenditure is proposed to be met out of the interest accruals from the endowment fund to the tune of rs 250 crores created by oil public sector undertakings plus earning from student fees and income from consultancy and research 2 the year-wise requirement of budgetary support during the 11th plan is given below:- year amount (in rs crores) 2007-08 24 2008-09 81 2009-10 69 2010-11 60 2011-12 51 total 285 3 the bill does not involve any other expenditure of a recurring or non-recurring nature memorandum regarding delegated legislation sub-clause(1) of clause 30 of the bill empowers the central government to frame the first statutes of the institute clause 29 provide for matters in respect of which statutes may be made, which inter alia, include the formation of departments of teaching and other academic units, the institution of fellowships, scholarships, exhibitions, medals and prizes, the classification of posts, terms of office, method of appointments, powers and duties and other terms and conditions of service of the officers of the institute including the president, the director and the registrar, the code of conduct, the conferment of honorary degrees, the establishment and maintenance of halls, residences and hostels and the authentication of the orders and decisions of the board sub-clause(2) of clause 30 of the bill empowers the institute, from time to time, to make new or additional statutes or amend or repeal the statutes clause 32 of the bill empowers the senate to make ordinances clause 31 provide for matters in respect of which ordinances may be made, which inter alia, include the admission of the students to the institute, the courses of study to be laid down for all degrees, diplomas and certificates of the institute, the conditions under which students shall be admitted to the degree, diploma and certificate courses and to the examinations of the institute and eligibility conditions for awarding the same, the conditions of award of the fellowships, scholarships, exhibitions, medals and prizes, the conduct of examinations, the fees to be charged for courses of study at the institute and for admission to the examinations, the conditions of residence of students of the institute and the levying of the fees for residence in the halls and hostels and of other charges clause 40 of the bill makes it mandatory for every statute or ordinance to be laid, as soon as may be after it is made, before each house of parliament 2 the matters in respect of which the statutes and ordinances may be made are matters of administrative details and procedure and, as such, the delegation of legislative power is of a normal character rajya sabha ---------------- a billto declare the institution known as the rajiv gandhi institute of petroleum technology to be an institution of national importance and to provide for its incorporation for matters connected therewith ----------------- (shri murli deora, minister of petroleum and natural gas)

Parliament_bills

406bde8d-5db1-51fd-b6b6-118501738df0

financial memorandumclause 2 of the bull provides for amendment of section 4 of the special protection group act, 1988 so as to extend the cover of proximate security under the special protection group act or any other security, on the basis of level of threat, to former plime mintster and their immediate family members even beyond the penod of ten years 2 with the proposed amendment, t 15 not intended to create any new post and the existing personnel of the special protection group or those manning alternate security will provide protection to former prime ministers and their immediate family members even beyond the period of ten years on the basis of level of threat faced by them 3 in view thereof, the provisions of the bill, if enacted and brought into operation, would not involve any additional expenditure from the consolidated fund of india memorandum explaining the modification contained in the bill to rcplace the special protection group (amendment) ordinance 1999 the special protection group (amendment) bill 1999) which sceks to teplace the special protection group (amendment) ordinance, 1999 proposes to make modification in clause 2 of the bill to enable the immediate family members of the prime minister to decline proximate security 2 the proposed modification secks to clarity that the proximate securtty may be declined by tmmediate family members of the prime minister and is in accordance with the amendment made in section 4 of the special protection group act 1988 by the special protection group (amendment) act 1991 annexure extracts from the special protection group act, 1988(34 of 1988) constitution of 4 (j) there shall be an armed force of the union called the special protection the group group for providing proximate security to— - (8) the prime minister and the members of his immediate family; and (ii) any former prime minister or to the members of his immediate family for a period of ten years from the date on which the former prime minister ceased to hold the office of the prime minister: provided that any former prime minister or any member of the immediate family of the prime minister or of a former prime minister may decline such proximate security

Parliament_bills

f4a99c5f-67ed-5e87-ac78-92330f4a3a98

bill no 84 of 2016 the national witness protection bill, 2016 by dr kirit premjibhai solanki, mp a billto provide for protection of identity of threatened witnesses in criminal cases involving serious offences and to provide for procedure and mechanism for such protection 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 national witness protection act, 2016short title, extent and commencement(2) it extends to the whole of india except the state of jammu and kashmir(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in this act, unless the context otherwise requires,—definitions5(a) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(b) "concealment of identity of witness" includes any condition prohibitingpublication or revealing, in any manner, directly or indirectly, of the name, address and other particulars relating to a witness which may lead to the identification of the witness;10(c) "competent authority" means member-secretary of the national legalservices authority or state legal services authority, as the case may be;(d) "family member" includes parents, spouse, siblings, children, and grandchildren of the witness;(e) "in-camera proceeding" means proceeding wherein the public and press arenot allowed to participate;15(f) "national legal services authority" means the national legal servicesauthority constituted under the legal services authority act, 1987;39 of 1987(g) "prescribed" means prescribed by rules made under this act;20(h) "state legal service authority" means the state legal services authorityconstituted under the legal services authority act, 198739 of 198725(i) "threat analysis report" means a detailed report prepared by designated policeofficers of the district/unit investigating the case reflecting the seriousness and credibility of the threat perception to a witness or his family members containing specific details about the nature of threats faced by the witness or his family members to their life, reputation or property;(j) "witness" means any person, who possesses information or document aboutany crime regarded by the competent authority as being material to any criminal proceeding and who has made a statement or who has given or agreed to give evidence in relation to such proceeding;30(k) "witness protection application" means an application moved by the witnessin the prescribed form before a competent authority for seeking witness protection order; and35(l) "witness protection order" means an order passed by the competent authoritydetailing the steps to be taken for ensuring the safety of life, reputation or property of witness and his family members and shall include in interim order, if any, passed during the pendency of witness protection applicationprocess of availing protection3 (1) during the course of investigation of any offence, the witness may apply for witness protection order at the court in which the proceedings are being heard or before the competent authority, as the case may be, in such manner as may be prescribed40(2) the court or the competent authority, as the case may be, shall, upon receipt of an application under sub-section (1), call for the threat analysis report and, shall, upon receipt of report, evaluate the threat to the life, reputation or property of the witness or his family members or any other person, which it deems fit, to ascertain whether there is necessity to pass a witness protection order or not(3) the threat analysis report shall be submitted within seventy-two hours of the receipt of application(4) during the course of hearing of the application, the identity of the witness shall not be revealed to any other person(5) it shall be the duty of the competent authority to provide legal aid to the applicant free of cost54 the national legal services authority shall frame policies for witness protection foreffective implementation of the provisions of this actnational legal services authority to frame policies for witness protection5 (1) it shall be the duty of the appropriate government to formulate measures for the protection of witnessmeasures for the protection of witness(2) without generality of the foregoing provision, the measures shall include—10(a) concealment of the identity of the witness; (b) avoidance of face to face contact between the witness and the accused; (c) compulsory in camera proceedings so as to protect the identity of the witness;(d) monitoring of the calls and mails of the witness and providing him with anunlisted number;15(e) installation of security devices like close circuit television (cctv) at thewitness' place of residence; and(f) undertaking any other measure issued under the witness protection order toensure safety of the witness206 the appropriate government shall, by notification in the official gazette, designatea legal services authority to perform, mutatis mutandis, the functions specified undersection 5appropriate government to designate legal service authority to perform measures to protect witness penalty7 whoever violates the provisions of this act shall be deemed to have committed the offence of contempt of court and shall be punished accordingly258 the central government shall, after due appropriation made by parliament by lawin this behalf, provide requisite sums to the appropriate governments for carrying out the purposes of this actcentral government to provide requisite fund power to remove difficulty309 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:provided that no such order shall be made after expiry of two years from the date of commencement of this act(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament3510 the provisions of this act shall be in addition to and not in derogation of any otherlaw, for the time being in forceact not in derogation of other laws power to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the 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 if anything previously done under that rule statement of objects and reasonsin recent years organized crime has grown and is becoming stronger and more diversein the course of investigation and prosecution of crime, particularly the more serious and complex forms of organized crime, it is essential that witnesses, the cornerstones for successful investigation and prosecution, have trust in criminal justice system witnesses need to have the confidence to come forward to assist law enforcement and prosecutorial authorities they need to be assured that they will receive support and protection from intimidation and the harm that criminal groups may seek to inflict upon them in attempts to discourage or punish them the supreme court as well as the law commission have emphasized on the need for legislative measures for protection of witnesseshence this billnew delhi;kirit premjibhai solankifebruary 18, 2016 financial memorandumclause 5 of the bill provides for installation of security devices like closed circuit television at witness' place of residence clause 8 provides that the central government shall provide adequate funds to the state governments for carrying out the purposes of the act the expenditure relating to states shall be borne out of the consolidated funds of respective states the expenditure relating to union territory shall be incurred from the consolidated fund of india the bill, therefore, if enacted would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees seven hundred crore per annum would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the act as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for protection of identity of threatened witnesses in criminal cases involvingserious offences and to provide for procedure and mechanism for such protectionand for matters connected therewith or incidental thereto————(dr kirit premjibhai solanki, mp)gmgipmrnd—66ls(s3)—19042016

Parliament_bills

7ed3bf92-80b1-5899-b0cf-a42755923328

bill no 70 of 2007 the competition (amendment) bill, 2007 a billto amend the competition act, 2002be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1(1) this act may be called the competition (amendment) act, 2007short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this act and any reference in any such provision to the commencement of this act shall be construed as a reference to the coming into force of that provisionamendment of section 212 of 20032 in section 2 of the competition act, 2002 (hereinafter referred to as the principalact), after clause (b), the following clause shall be inserted, namely: —'(ba) "appellate tribunal" means the competition appellate tribunal established under sub-section (1) of section 53a'3 in section 4 of the principal act,—amendment of section 4(a) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) no enterprise or group shall abuse its dominant position'';(ii) in sub-section (2),—(a) for the words, brackets and figure ''under sub-section (i), if an enterprise'', the words ''under sub-section (i), if an enterprise or a group'' shall be substituted;(b) in clause (c), after the word ''access'', the words ''in any manner''shall be inserted; (iii) after sub-section (2), in the explanation, after clause (b), the following clause shall be inserted, namely:—''(c) 'group' shall have the same meaning as assigned to it in clause (b) of the explanation to section 5''4 in section 5 of the principal act, in clause (a),—amendment of section 5(a) in sub-clause (i), for item (b), the following item shall be substituted, namely:—"(b) in india or outside india, in aggregate, the assets of the value of more than five hundred million us dollars, including at least rupees five hundred crores in india, or turnover more than fifteen hundred million us dollars, including at least rupees fifteen hundred crores in india; or" (b) in sub-clause (ii), for item (b), the following item shall be substituted, namely:—"(b) in india or outside india, in aggregate, the assets of the value of more than two billion us dollars, including at least rupees five hundred crores in india, or turnover more than six billion us dollars, including at least rupees fifteen hundred crores in india; or"5 in section 6 of the principal act, in sub-section (2),—amendment of section 6(a) for the words "may, at his or its option,", the word "shall" shall be substituted; (b) for the words "seven days", the words "thirty days" shall be substituted;(c) after sub-section (2), the following sub-section shall be inserted, namely:— "(2a) no combination shall come into effect until two hundred and ten days have passed from the day on which the notice has been given to the commission under sub-section (2) or the commission has passed orders under section 31, whichever is earlier"6 for section 8 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 8"8 (1) the commission shall consist of a chairperson and not less than two and not more than six other members to be appointed by the central governmentcomposition of commission(2) the chairperson and every other member shall be a person of ability, integrity and standing and who has special knowledge of, and such professional experience of not less than fifteen years in, international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs or competition matters, including competition law and policy, which in the opinion of the central government, may be useful to the commission(3) the chairperson and other members shall be whole-time members"7 for section 9 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 9"9 (1) the chairperson and other members of the commission shall be appointed by the central government from a panel of names recommended by a selection committee consisting of —(a) the chief justice of india or his nominee chairperson;selection committee for chairperson and members of commission(b) the secretary in the ministry of corporate affairs member; (c) the secretary in the ministry of law and justice member; (d) two experts of repute who have special knowledge of, and professionalexperience in international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs or competition matters including competition law and policymembers(2) the term of the selection committee and the manner of selection of panel of names shall be such as may be prescribed"amendment of section 108 in section 10 of the principal act, in sub-section (1), for the proviso, the following proviso shall be substituted, namely: — "provided that the chairperson or other members shall not hold office as such after he has attained the age of sixty-five years"amendment of section 129 in section 12 of the principal act, for the words "one year", the words "two years"shall be substituted10 for section 13 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 13"13 the chairperson shall have the powers of general superintendence, direction and control in respect of all administrative matters of the commission:administrative powers of chairperson provided that the chairperson may delegate such of his powers relating to administrative matters of the commission, as he may think fit, to any other member or officer of the commission"11 in section 16 of the principal act, —amendment of section 16(a) for sub-section (1), the following sub-sections shall be substituted, namely: —"(1) the central government may, by notification, appoint a director general for the purposes of assisting the commission in conducting inquiry into contravention of any of the provisions of this act and for performing such other functions as are, or may be, provided by or under this act(1a) the number of other additional, joint, deputy or assistant directors general or such officers or other employees in the office of director general and the manner of appointment of such additional, joint, deputy or assistant directors general or such officers or other employees shall be such as may be prescribed"; (b) in sub-section (2), for the words "such other advisers, consultants and officers,", the words "such officers or other employees," shall be substituted;(c) in sub-sections (3) and (4), for the words "such other advisers, consultants or officers,", the words "such officers or other employees," shall be substituted12 for section 17 of the principal act, the following section shall be substituted, namely: —substitution of new section for section 17''17 (1) the commission may appoint a secretary and such officers and other employees as it considers necessary for the efficient performance of its functions under this act(2) the salaries and allowances payable to and other terms and conditions of service of the secretary and officers and other employees of the commission and the number of such officers and other employees shall be such as may be prescribedappointment of secretary, experts, professionals and officers and other employees of commission(3) the commission may engage, in accordance with the procedure specified by regulations, such number of experts and professionals of integrity and outstanding ability, who have special knowledge of, and experience in, economics, law, business or such other disciplines related to competition, as it deems necessary to assist the commission in the discharge of its functions under this act"amendment of section 1913 in section 19 of the principal act, in sub-section (1), in clause (a), for the words"receipt of a complaint,", the words "receipt of any information, in such manner and" shall be substitutedamendment of section 2014 in section 20 of the principal act, in sub-section (2), the words, brackets and figures "or upon receipt of a reference under sub-section (1) of section 21" shall be omitted15 in section 21 of the principal act,—amendment of section 21(a) in sub-section (1), the following proviso shall be inserted, namely: — "provided that any statutory authority, may, suo motu, make such a reference to the commission"; (b) for sub-section (2), the following sub-section shall be substituted, namely: —"(2) on receipt of a reference under sub-section (1), the commission shall give its opinion, within sixty days of receipt of such reference, to such statutory authority which shall consider the opinion of the commission and thereafter, give its findings recording reasons thereof on the issues referred to in the said opinion"16 after section 21 of the principal act, the following section shall be inserted, namely:—insertion of new section21a reference by commission''21a(1) where in the course of a proceeding before the commission an issue is raised by any party that any decision which, the commission has taken during such proceeding or proposes to take, is or would be contrary to any provision of this act whose implementation is entrusted to a statutory authority, then the commission may make a reference in respect of such issue to the statutory authority: provided that the commission, may, suo motu, make such a reference to the statutory authority(2) on receipt of a reference under sub-section (1), the statutory authority shall give its opinion, within sixty days of receipt of such reference, to the commission which shall consider the opinion of the statutory authority, and thereafter give its findings recording reasons therefor on the issues referred to in the said opinion"17 for section 22 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 22meetings of commission"22(1) the commission shall meet at such times and such places, and shall observe such rules of procedure in regard to the transaction of business at its meetings as may be provided by regulations(2) the chairperson, if for any reason, is unable to attend a meeting of the commission, the senior-most member present 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 the members present and voting, and in the event of an equality of votes, the chairperson or in his absence, the member presiding, shall have a second or casting vote: provided that the quorum for such meeting shall be three members"18 sections 23, 24 and 25 of the principal act shall be omittedomission of sections 23, 24 and 2519 for section 26 of the principal act, the following section shall be substituted, namely: —substitution of new section for section 26 procedure for inquiry under section 19"26(1) on receipt of a reference from the central government or a state government or a statutory authority or on its own knowledge or information received under section 19, if the commission is of the opinion that there exists a prima facie case, it shall direct the director general to cause an investigation to be made into the matter: provided that if the subject matter of an information received is, in the opinion of the commission, substantially the same as or has been covered by any previous information received, then the new information may be clubbed with the previous information(2) where on receipt of a reference from the central government or a state government or a statutory authority or information received under section 19, the commission is of the opinion that there exists no prima facie case, it shall close the matter forthwith and pass such orders as it deems fit and send a copy of its order to the central government or the state government or the statutory authority or the parties concerned, as the case may be(3) the director general shall, on receipt of direction under sub-section (1), submit a report on his findings within such period as may be specified by the commission(4) the commission may forward a copy of the report referred to in sub-section(3) to the parties concerned: provided that in case the investigation is caused to be made based on a reference received from the central government or the state government or the statutory authority, the commission shall forward a copy of the report referred to in subsection (3) to the central government or the state government or the statutory authority, as the case may be(5) if the report of the director general referred to in sub-section (3) recommends that there is no contravention of the provisions of this act, the commission shall invite objections or suggestions from the central government or the state government or the statutory authority or the parties concerned, as the case may be, on such report of the director general(6) if, after consideration of the objections or suggestions referred to in subsection (5), if any, the commission agrees with the recommendation of the director general, it shall close the matter forthwith and pass such orders as it deems fit and communicate its order to the central government or the state government or the statutory authority or the parties concerned, as the case may be(7) if, after consideration of the objections or suggestions referred to in subsection (5), if any, the commission is of the opinion that further investigation is called for, it may direct further investigation in the matter by the director general or cause further inquiry to be made in the matter or itself proceed with further inquiry in the matter in accordance with the provisions of this act(8) if the report of the director general referred to in sub-section (3) recommends that there is contravention of any of the provisions of this act, and the commission is of the opinion that further inquiry is called for, it shall inquire into such contravention in accordance with the provisions of this act"20 in section 27 of the principal act,—amendment of section 27(i) in clause (b), for the proviso, the following proviso shall be substituted, namely:— "provided that in case any agreement referred to in section 3 has been entered into by a cartel, the commission may impose upon each producer, seller, distributor, trader or service provider included in that cartel, a penalty of up to three times of its profit for each year of the continuance of such agreement or ten per cent of its turnover for each year of the continuance of such agreement, whichever is higher"; (ii) clauses (c) and (f) shall be omitted;(iii) in clause (g), for the word "order", the words "order or issue such directions"shall be substituted;(iv) after clause (g), the following proviso shall be inserted, namely:— "provided that while passing orders under this section, if the commission comes to a finding, that an enterprise in contravention to section 3 or section 4 of the act is a member of a group as defined in clause (b) of the explanation to section 5 of the act, and other members of such a group are also responsible for, or have contributed to, such a contravention, then it may pass orders, under this section, against such members of the group"21 in section 28 of the principal act,—amendment of section 28(a) in sub-section (1), for the words, brackets, letter and figures "central government, on recommendation under clause (f) of section 27", the word "commission" shall be substituted;(b) clause (d) of sub-section (2) shall be omitted22 in section 29 of the principal act, —amendment of section 29(a) in sub-section (1), after the words "where the commission is of the", the words "prima facie" shall be inserted;(b) after sub-section (1), the following sub-section shall be inserted, namely:—"(1a) after receipt of the response of the parties to the combination under sub-section (1), the commission may call for a report from the director general and such report shall be submitted by the director general within such time as the commission may direct "; (c) in sub-section (2), after the words "parties to the combination", the words, brackets, figure and letter "or the receipt of the report from director general called under sub-section (1a), whichever is later" shall be inserted23 for section 30 of the principal act, the following section shall be substituted, namely: —substitution of new section for section 30"30 where any person or enterprise has given a notice under sub-section (2)of section 6, the commission shall examine such notice and form its prima facie opinion as provided in sub-section (1) of section 29 and proceed as per provisions contained in that section""procedure in case of notice under subsection (2) of section 624 in section 31 of the principal act, in sub-section (11),—amendment of section 31(a) for the words, brackets and figures "ninety working days from the date of publication referred to in sub-section (2) of section 29", the words, brackets and figures "two hundred and ten days from the date of notice given to the commission under sub-section (2) of section 6" shall be substituted;(b) in the explanation, for the words "ninety working", the words "two hundred and ten" shall be substituted25 in section 32 of the principal act, after clause (f), —amendment of section 32(a) after the words "have power to inquire", the words and figures "in accordance with the provisions contained in sections 19, 20, 26, 29 and 30 of the act" shall be inserted;(b) after the words "relevant market in india", occurring at the end, the words"and pass such orders as it may deem fit in accordance with the provisions of this act" shall be inserted26 for section 33 of the principal act, the following section shall be substituted, namely: —substitution of new section for section 33 power to issue interim orders"33 where during an inquiry, the commission is satisfied that an act in contravention of sub-section (1) of section 3 or sub-section (1) of section 4 or section6 has been committed and continues to be committed or that such act is about to be committed, the commission may, by order, temporarily restrain any party from carrying on such act until the conclusion of such inquiry or until further orders, without giving notice to such party, where it deems it necessary"27 section 34 of the principal act shall be omittedomission of section 34 amendment of section 3528 in section 35 of the principal act, for the words "complainant or defendant", the words "person or an enterprise" shall be substituted29 for section 36 of the principal act, the following section shall be substituted, namely: —substitution of new section for section 36"36 (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 powers to regulate its own procedurepower of commission to regulate its own procedure5 of 1908(2) the commission shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely: —(a) summoning and enforcing the attendance of any person and examininghim on oath;(b) requiring the discovery and production of documents;(c) receiving evidence on affidavit;(d) issuing commissions for the examination of witnesses or documents;1 of 1872(e) requisitioning, subject to the provisions of sections 123 and 124 of the indian evidence act, 1872, any public record or document or copy of such record or document from any office (3) the commission may call upon such experts, from the fields of economics, commerce, accountancy, international trade or from any other discipline as it deems necessary, to assist the commission in the conduct of any inquiry by it(4) the commission may direct any person —(a) to produce before the director general or the secretary or an officer authorised by it, such books or other documents in the custody or under the control of such person so directed as may be specified or described in the direction, being documents relating to any trade, the examination of which may be required for the purposes of this act;(b) to furnish to the director general or the secretary or any other officer authorised by it, as respects the trade or such other information as may be in his possession in relation to the trade carried on by such person, as may be required for the purposes of this act"30 section 37 of the principal act shall be omittedomission of section 3731 for section 39 of the principal act, the following section shall be substituted, namely: —substitution of new section for section 39"39 (1) if a person fails to pay any monetary penalty imposed on him under this act, the commission shall proceed to recover such penalty, in such manner as may be specified by the regulationsexecution of orders of commission imposing monetary penalty43 of 1961(2) in a case where the commission is of the opinion that it would be expedient to recover the penalty imposed under this act in accordance with the provisions of the income-tax act, 1961, it may make a reference to this effect to the concerned income-tax authority under that act for recovery of the penalty as tax due under the said act43 of 1961(3) where a reference has been made by the commission under sub-section (2)for recovery of penalty, the person upon whom the penalty has been imposed shall be deemed to be the assessee in default under the income-tax act, 1961 and the provisions contained in sections 221 to 227, 228a, 229, 231 and 232 of the said act and the second schedule to that act and any rules made thereunder shall, in so far as may be, apply as if the said provisions were the provisions of this act and referred to sums by way of penalty imposed under this act instead of to income-tax and sums imposed by way of penalty, fine and interest under the income-tax act, 1961 and to the commission instead of the assessing officer43 of 1961explanation 1— any reference to sub-section (2) or sub-section (6) of section220 of the income-tax act, 1961, in the said provisions of that act or the rules made thereunder shall be construed as references to sections 43 to 45 of this act43 of 1961explanation 2— the tax recovery commissioner and the tax recovery officer referred to in the income-tax act, 1961 shall be deemed to be the tax recovery commissioner and the tax recovery officer for the purposes of recovery of sums imposed by way of penalty, under this act and reference made by the commission under sub-section (2) would amount to drawing of a certificate by the tax recovery officer as far as demand relating to penalty under this act43 of 1961explanation 3— any reference to appeal in chapter xviid and the second schedule of the income-tax act, 1961, shall be construed as a reference to appeal before the competition appellate tribunal under section 53b of this act"32 section 40 of the principal act shall be omittedomission of section 40 amendment of section 4133 in section 41 of the principal act, the following explanation shall be inserted, namely:—'explanation— for the purposes of this section,—(a) the words "the central government" under section 240 of the companies act, 1956 shall be construed as "the commission";1 of 1956(b) the word "magistrate" under section 240a of the companies act,1956 shall be construed as "the chief metropolitan magistrate, delhi"1 of 195634 for section 42 of the principal act, the following section shall be substituted, namely: —substitution of new sectionfor section 42"42 (1) the commission may cause an inquiry to be made into compliance of its orders or directions made in exercise of its powers under the actcontravention of orders of commission(2) if any person, without reasonable cause, fails to comply with the orders or directions of the commission issued under sections 27, 28, 31, 32, 33, 42a and 43a of the act, he shall be punishable with fine which may extend to rupees one lakh for each day during which such non-compliance occurs, subject to a maximum of rupees ten crore, as the commission may determine(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 proceeding under section 39, be punishable with imprisonment for a term which may extend to three years, or with fine which may extend to rupees twenty-five crore, or with both, as the chief metropolitan magistrate, delhi may deem fit: provided that the chief metropolitan magistrate, delhi shall not take cognizance of any offence under this section save on a complaint filed by the commission or any of its officers authorised by it"35 after section 42 of the principal act, the following section shall be inserted, namely:—insertion of new section 42a compensation in case of contravention of orders of commission"42a without prejudice to the provisions of this act, any person may make an application to the appellate tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise violating directions issued by the commission or contravening, without any reasonable ground, any decision or order of the commission issued under sections 27, 28, 31, 32 and 33 or any condition or restriction subject to which any approval, sanction, direction or exemption in relation to any matter has been accorded, given, made or granted under this act or delaying in carrying out such orders or directions of the commission"36 for section 43 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 43"43 if any person fails to comply, without reasonable cause, with a direction given by —(a) the commission under sub-sections (2) and (4) of section 36; or (b) the director general while exercising powers referred to in sub-section(2) of section 41,penalty for failure to comply with directions of commission and director generalsuch person shall be punishable with fine which may extend to rupees one lakh for each day during which such failure continues subject to a maximum of rupees one crore, as may be determined by the commission"37 after section 43 of the principal act, the following section shall be inserted, namely:—insertion of new section 43a"43a if any person or enterprise who fails to give notice to the commission under sub-section (2) of section 6, the commission shall impose on such person or enterprise a penalty which may extend to one per cent of the total turnover or the assets, whichever is higher, of such a combination"power to impose penalty for non-furnishing of information on combinations amendment of section 4538 in section 45, of the principal act, for sub-section (1), the following sub-section shall be substituted, namely:—"(1) without prejudice to the provisions of section 44, if a person, who furnishes or is required to furnish under this act any particulars, documents or any information,–(a) makes any statement or furnishes any document which he knows or has reason to believe to be false in any material particular; or(b) omits to state any material fact knowing it to be material; or (c) wilfully alters, suppresses or destroys any document which is required to be furnished as aforesaid, such person shall be punishable with fine which may extend to rupees one crore as may be determined by the commission"39 in section 46 of the principal act, —amendment of section 46(a) for the first proviso, the following proviso shall be substituted, namely:—''provided that lesser penalty shall not be imposed by the commission in cases where the report of investigation directed under section 26 has been received before making of such disclosure:"; (b) in the second proviso, for the word "first", the word "has" shall be substituted; (c) after the second proviso, the following proviso shall be inserted, namely:— "provided also that lesser penalty shall not be imposed by the commission if the person making the disclosure does not continue to cooperate with the commission till the completion of the proceedings before the commission"40 in section 49 of the principal act,—amendment of section 49(a) for sub-section (1), the following sub-section shall be substituted, namely:—"(1) the central government may, in formulating a policy on competition(including review of laws related to competition) or on any other matter, and a state government may, in formulating a policy on competition or on any other matter, as the case may be, make a reference to the commission for its opinion on possible effect of such policy on competition and on the receipt of such a reference, the commission shall, within sixty days of making such reference, give its opinion to the central government, or the state government, as the case may be, which may thereafter take further action as it deems fit"; (b) in sub-section (2), after the words "central government", the words "or the state government, as the case may be," shall be inserted;(c) in sub-section (3), the words ", as may be prescribed," shall be omitted41 in section 51 of the principal act, in sub-section (1),—amendment of section 51(i) clause (b) shall be omitted;(ii) in clause (d), for the words, brackets and letters "clauses (a) to (c)", the words, brackets and letters "clauses (a) and (c)" shall be substitutedamendment of section 5242 in section 52 of the principal act, in sub-section (2), in the explanation, for the words "supreme court", the words "appellate tribunal or the supreme court" shall be substituted43 after chapter viii of the principal act, the following chapter shall be inserted, namely: —insertion of new chapter viii-a 'chapter viii a competition appellate tribunal53a (1) the central government shall, by notification, establish an appellate tribunal to be known as competition appellate tribunal,—establishment of appellate tribunal(a) to hear and dispose of appeals against any direction issued or decision made or order passed by the commission under sub-sections (2) and (6) of section 26, section 27, section 28, section 31, section 32, section 33, section 38, section 39, section 43, section 43a, section 44, section 45 or section 46 of this act;(b) to adjudicate on claim for compensation that may arise from the findings of the commission or the orders of the appellate tribunal in an appeal against any finding of the commission or under section 42a or under sub-section (2) of section 53q of this act, and pass orders for the recovery of compensation under section 53n of this act(2) the headquarter of the appellate tribunal shall be at such place as the central government may, by notification, specifyappeal to appellate tribunal53b(1) the central government or the state government or a local authority or enterprise or any person, aggrieved by any direction, decision or order referred to in clause (a) of section 53a may prefer an appeal to the appellate tribunal(2) every appeal under sub-section (1) shall be filed within a period of sixty days from the date on which a copy of the direction or decision or order made by the commission is received by the central government or the state government or a local authority or enterprise or any person referred to in that sub-section and it shall be in such form and be accompanied by such fee as may be prescribed: provided that the appellate tribunal may entertain an appeal after the expiry of the said period of sixty days if it is satisfied that there was sufficient cause for not filing it within that period(3) 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 direction, decision or order appealed against(4) the appellate tribunal shall send a copy of every order made by it to the commission and the parties to the appeal(5) 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 within six months from the date of receipt of the appeal53c the appellate tribunal shall consist of a chairperson and not more than two other members to be appointed by the central governmentcomposition of appellate tribunal53d(1) the chairperson of the appellate tribunal shall be a person, who is, or has been a judge of the supreme court or the chief justice of a high courtqualifications for appointment of chairperson and members of appellate tribunal(2) a member of the appellate tribunal shall be a person of ability, integrity and standing having special knowledge of, and professional experience of not less than twenty-five years in, competition matters, including competition law and policy, international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration or in any other matter which in the opinion of the central government, may be useful to the appellate tribunalselection committee53e (1) the chairperson and members of the appellate tribunal shall be appointed by the central government from a panel of names recommended by a selection committee consisting of—(a) the chief justice of india or his nominee chairperson; (b) the secretary in the ministry of corporate affairs member; (c) the secretary in the ministry of law and justice member(2) the term of the selection committee and the manner of selection of panel of names shall be such as may be prescribed53f the chairperson or a member of the appellate tribunal shall hold office as such for a term of five years from the date on which he enters upon his office, and shall be eligible for re-appointment:term of office of chairperson and members of appellate tribunal provided that no chairperson or other member of the appellate tribunal shall hold office as such after he has attained,—(a) in the case of the chairperson, the age of sixty-eight years; (b) in the case of any other member of the appellate tribunal, the age of sixty-five years 53g (1) the salaries and allowances and other terms and conditions of service of the chairperson and other members of the appellate tribunal shall be such as may be prescribed(2) the salaries, allowances and other terms and conditions of service of the chairperson and other members of the appellate tribunal shall not be varied to their disadvantage after their appointmentterms and conditions of service of chairperson and members of appellate tribunal vacancies53h if, for any reason other than temporary absence, any vacancy occurs in the office of the chairperson or a member of the appellate tribunal, the central government shall appoint another person in accordance with the provisions of this act to fill the vacancy and the proceedings may be continued before the appellate tribunal from the stage at which the vacancy is filledresignation of chairperson and members of appellate tribunal53-i the chairperson or a member of the appellate tribunal may, by notice in writing under his hand addressed to the central government, resign his office: provided that the chairperson or a member of the appellate tribunal shall, unless he is permitted by the central government to relinquish his office sooner, continue to hold office until the expiry of three months from the date of receipt of such notice or until a person duly appointed as his successor enters upon his office or until the expiry of his term of office, whichever is the earliest53-j(1) in the event of the occurrence of any vacancy in the office of the chairperson of the appellate tribunal by reason of his death or resignation, the senior-most member of the appellate tribunal shall act as the chairperson of the member of appellate tribunal to act as its chairperson in certain casesappellate tribunal until the date on which a new chairperson appointed in accordance with the provisions of this act to fill such vacancy enters upon his office(2) when the chairperson of the appellate tribunal is unable to discharge his functions owing to absence, illness or any other cause, the senior-most member or, as the case may be, such one of the member of the appellate tribunal, as the central government may, by notification, authorise in this behalf, shall discharge the functions of the chairperson until the date on which the chairperson resumes his duties53k(1) the central government may, in consultation with the chief justice of india, remove from office the chairperson or any other member of the appellate tribunal, who —(a) has been adjudged an insolvent; orremoval and suspension of chairperson and members of appellate tribunal(b) has engaged at any time, during his term of office, in any paid employment; or(c) has been convicted of an offence which, in the opinion of the central government, involves moral turpitude; or(d) has become physically or mentally incapable of acting as such chairperson or other member of the appellate tribunal; or(e) has acquired such financial or other interest as is likely to affect prejudicially his functions as such chairperson or member of the appellate tribunal; or(f) has so abused his position as to render his continuance in office prejudicial to the public interest (2) notwithstanding anything contained in sub-section (1), no chairperson or a member of the appellate tribunal shall be removed from his office on the ground specified in clause (e) or clause (f) of sub-section (1) except by an order made by the central government after an inquiry made in this behalf by a judge of the supreme court in which such chairperson or member had been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges53l the chairperson and other members of the appellate tribunal 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 enterprise which has been a party to a proceeding before the appellate tribunal under this act:restriction onemploymentof chairperson and other members of appellate tribunal in certain cases 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, state or provincial act or a government company as defined in section 617 of the companies act, 19561 of 195653m(1) the central government shall provide the appellate tribunal with such officers and other employees as it may think fitstaff of appellate tribunal(2) the officers and other employees of the appellate tribunal shall discharge their functions under the general superintendence and control of the chairperson of the appellate tribunal (3) the salaries and allowances and other conditions of service of the officers and other employees of the appellate tribunal shall be such as may be prescribedawarding compensation53n(1) without prejudice to any other provisions contained in this act, the central government or a state government or a local authority or any enterprise or any person may make an application to the appellate tribunal to adjudicate on claim for compensation that may arise from the findings of the commission or the orders of the appellate tribunal in an appeal against any finding of the commission or under section 42a or under sub-section (2) of section 53q of the act, and to pass an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by the central government or a state government or a local authority or any enterprise or any person as a result of any contravention of the provisions of chapter ii, having been committed by the enterprise(2) every application made under sub-section (1) shall be accompanied by the findings of the commission, if any, and also be accompanied with such fees as may be prescribed(3) the appellate tribunal may, after an inquiry made into the allegations mentioned in the application made under sub-section (1), pass an order directing the enterprise to make payment to the applicant, of the amount determined by it as realisable from the enterprise as compensation for the loss or damage caused to the applicant as a result of any contravention of the provisions of chapter ii having been committed by such enterprise: provided that the appellate tribunal may obtain the recommendations of the commission before passing an order of compensation5 of 1908(4) where any loss or damage referred to in sub-section (1) is caused to numerous persons having the same interest, one or more of such persons may, with the permission of the appellate tribunal, make an application under that sub-section for and on behalf of, or for the benefit of, the persons so interested, and thereupon, the provisions of rule 8 of order 1 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 the application before the appellate tribunal and the order of the appellate tribunal thereonexplanation— for the removal of doubts, it is hereby declared that –(a) an application may be made for compensation before the appellate tribunal only after either the commission or the appellate tribunal on appeal under clause (a) of sub-section (1) of section 53a of the act, has determined in a proceeding before it that violation of the provisions of the act has taken place, or if provisions of section 42a or sub-section (2) of section 53q of the act are attracted(b) enquiry to be conducted under sub-section (3) shall be for the purpose of determining the eligibility and quantum of compensation due to a person applying for the same, and not for examining afresh the findings of the commission or the appellate tribunal on whether any violation of the act has taken place5 of 1908procedure and powers of appellate tribunal53-o (1) the appellate tribunal shall not be bound by the procedure laid down in the code of civil procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules made by the central government, the appellate tribunal shall have power to regulate its own procedure including the places at which they shall have their sittings5 of 1908(2) the appellate tribunal shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908 while trying a suit in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining him on oath;(b) requiring the discovery and production of documents;(c) receiving evidence on affidavits;1 of 1872(d) subject to the provisions of sections 123 and 124 of the indianevidence act, 1872, requisitioning any public record or document or copy of such record or document from any office;(e) issuing commissions for the examination of witnesses or documents; (f) reviewing its decisions; (g) dismissing a representation for default or deciding it ex parte; (h) setting aside any order of dismissal of any representation for defaultor any order passed by it ex parte;(i) any other matter which may be prescribed45 of 1860 2 of 1974(3) every proceedings before the appellate tribunal shall be deemed to bejudicial proceedings within the meaning of sections 193 and 228, and for the purposes of section 196, of the indian penal code and the appellate tribunal shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973execution of orders of appellate tribunal53p(1) every order made by the appellate tribunal 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 appellate tribunal to send, in case of its inability to execute such order, to the court within the local limits of whose jurisdiction,—(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 (2) notwithstanding anything contained in sub-section (1), the appellate tribunal may transmit any order made by it to a civil court having local jurisdiction and such civil court shall execute the order as if it were a decree made by that courtcontravention of orders of appellate tribunal53-q(1) without prejudice to the provisions of this act, if any person contravenes, without any reasonable ground, any order of the appellate tribunal, he shall be liable for a penalty of not exceeding rupees one crore or imprisonment for a term up to three years or with both as the chief metropolitan magistrate, delhi may deem fit: provided that the chief metropolitan magistrate, delhi shall not take cognizance of any offence punishable under this sub-section, save on a complaint made by an officer authorised by the appellate tribunal(2) without prejudice to the provisions of this act, any person may make an application to the appellate tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise contravening, without any reasonable ground, any order of the appellate tribunal or delaying in carrying out such orders of the appellate tribunal53r no act or proceeding of the appellate tribunal shall be questioned or shall be invalid merely on the ground of existence of any vacancy or defect in the constitution of the appellate tribunalvacancy in appellate tribunal not to invalidate acts or proceedings right to legal representation53-s(1) a person preferring an appeal to the appellate tribunal may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to present his or its case before the appellate tribunal(2) the central government or a state government or a local authority or any enterprise preferring an appeal to the appellate tribunal may authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the appellate tribunal(3) the commission may authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of its officers to act as presenting officers and every person so authorised may present the case with respect to any appeal before the appellate tribunalexplanation— the expressions "chartered accountant" or "company secretary" or "cost accountant" or "legal practitioner" shall have the meanings respectively assigned to them in the explanation to section 35| appeal ||----------------------------------------------------------------------------------------|| supreme court || 53t the central government or any state government or the commission or || any statutory authority or any local authority or any enterprise or any person || aggrieved by any decision or order of the appellate tribunal may 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 them: | 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 after the expiry of the said period of sixty dayspower to punish for contempt70 of 197153u the appellate tribunal shall have, and exercise, the same jurisdiction,powers and authority in respect of contempt of itself as a high court has and may exercise and, for this purpose, the provisions of the contempt of courts act, 1971 shall have effect subject to modifications that, —(a) the reference therein to a high court shall be construed as includinga reference to the appellate tribunal;(b) the references to the advocate-general in section 15 of the said act shall be construed as a reference to such law officer as the central government may, by notification, specify in this behalfamendment of section 5744 in section 57 of the principal act, for the words "the commission", the words "thecommission or the appellate tribunal" shall be substituted45 for section 58 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 5845 of 1860"58 the chairperson and other members and the director general, additional, joint, deputy or assistant directors general and secretary and officers and other employees of the commission and the chairperson, members, officers and other employees of the appellate tribunal shall be deemed, while 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"chairperson, members, director general, secretary, officers and other employees, etc, to be public servantsamendment of section 5946 in section 59 of the principal act, for the words "the registrar or officers or other employees of the commission", the words "the secretary or officers or other employees of the commission or the chairperson, members, officers and other employees of the appellate tribunal" shall be substitutedamendment of section 6147 in section 61 of the principal act, for the word "commission", the words"commission or the appellate tribunal" shall be substituted48 in section 63 of the principal act, in sub-section (2), —amendment of section 63(i) for clause (a), the following clause shall be substituted, namely:—"(a) the term of the selection committee and the manner of selection of panel of names under sub-section (2) of section 9;"; (ii) clause (c) shall be omitted;(iii) after clause (d), the following clause shall be inserted, namely: —"(da) the number of additional, joint, deputy or assistant directors general or such officers or other employees in the office of director general and the manner in which such additional, joint, deputy or assistant directors general or such officers or other employees may be appointed under subsection (1a) of section 16;";(iv) in clauses (e) and (f), for the words "such other advisers, consultants or officers", the words "such officers or other employees" shall be substituted;(v) in clause (g), for the word "registrar", the word "secretary" shall be substituted;(vi) clauses (h), (i) and (j) shall be omitted;(vii) after clause (m), the following clauses shall be inserted, namely: —"(ma) the form in which an appeal may be filed before the appellate tribunal under sub-section (2) of section 53b and the fees payable in respect of such appeal;(mb) the term of the selection committee and the manner of selection of panel of names under sub-section (2) of section 53e;(mc) the salaries and allowances and other terms and conditions of service of the chairperson and other members of the appellate tribunal under subsection (1) of section 53g;(md) the salaries and allowances and other conditions of service of the officers and other employees of the appellate tribunal under sub-section (3) of section 53m;(me) the fee which shall be accompanied with every application made under sub-section (2) of section 53n;(mf) the other matters under clause (i) of sub-section (2) of section 53-oin respect of which the appellate tribunal shall have powers under the code of civil procedure, 1908 while trying a suit;";5 of 1908(viii) for clause (n), the following clause shall be substituted, namely:— "(n) the manner in which the monies transferred to the competition commission of india or the appellate tribunal shall be dealt with by the commission or the appellate tribunal, as the case may be, under the fourth proviso to sub-section (2) of section 66"amendment of section 6449 in section 64 of the principal act, in sub-section (2), for clauses (d) and (e), the following clauses shall be substituted, namely:—"(d) the procedures to be followed for engaging the experts and professionals under sub-section (3) of section 17;(e) the fee which may be determined under clause (a) of sub-section (1) of section 19;(f) the rules of procedure in regard to the transaction of business at the meetings of the commission under sub-section (1) of section 22;(g) the manner in which penalty shall be recovered under sub-section (1) of section 39;(h) any other matter in respect of which provision is to be, or may be, made by regulations"50 in section 66 of the principal act,—amendment of section 66(a) for sub-section (1), the following sub-sections shall be substituted, namely:—54 of 1969(1) the monopolies and restrictive trade practices act, 1969 is hereby repealed and the monopolies and restrictive trade practices commission established under sub-section (1) of section 5 of the said act (hereafter referred to as the repealed act) shall stand dissolved:54 of 1969 provided that, notwithstanding anything contained in this sub-section, the monopolies and restrictive trade practices commission established under sub-section (1) of section 5 of the repealed act may continue to exercise jurisdiction and power under the repealed act for a period of two years from the date of the commencement of this act in respect of all cases or proceedings (including complaints received by it or references or applications made to it) filed before the commencement of this act as if the monopolies and restrictive trade practices act, 1969 had not been repealed and all the provisions of the said act so repealed shall mutatis mutandis apply to such cases or proceedings or complaints or references or applications and to all other matters54 of 1969explanation—for the removal of doubts, it is hereby declared that nothing in this proviso shall confer any jurisdiction or power upon the monopolies and restrictive trade practices commission to decide or adjudicate any case or proceeding arising under the monopolies and restrictive trade practices act, 1969 on or after the commencement of this act54 of 1969(1a) the repeal of the monopolies and restrictive trade practices act, 1969 shall, however, not affect,—(a) the previous operation of the act so repealed or anything duly done or suffered thereunder; or(b) any right, privilege, obligation or liability acquired, accrued or incurred under the act so repealed; or(c) any penalty, confiscation or punishment incurred in respect of any contravention under the act so repealed; or(d) any proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, confiscation or punishment as aforesaid, and any such proceeding or remedy may be instituted, continued or enforced, and any such penalty, confiscation or punishment may be imposed or made as if that act had not been repealed"(b) in sub-section (2), —(i) for the second proviso, the following proviso shall be substituted, namely:— "provided further that the director general of investigation and registration, additional, joint, deputy or assistant directors general of investigation and registration or any officer or other employee who has been, immediately before the dissolution of the monopolies and restrictive trade practices commission employed on regular basis by the monopolies and restrictive trade practices commission, shall become, on and from such dissolution, the officer and employee, respectively, of the competition commission of india or the appellate tribunal, in such manner as may be specified by the central government, with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such monopolies and restrictive trade practices commission had not been transferred to, and vested in, the competition commission of india or the appellate tribunal, as the case may be, and shall continue to do so unless and until his employment in the competition commission of india or the appellate tribunal, as the case may be, is duly terminated or until his remuneration, terms and conditions of employment are duly altered by the competition commission of india or the appellate tribunal, as the case may be;"; (ii) in the third proviso, for the words "the central government", the words "the competition commission of india or the appellate tribunal, as the case may be,'' shall be substituted;(iii) in the fourth proviso,—(a) for the words "the central government shall, out of the monies standing", the words "the competition commission of india or the appellate tribunal, as the case may be, shall, out of the monies standing" shall be substituted;(b) for the portion beginning with the words "the central government and such monies" and ending with the words "as may be prescribed" the following shall be substituted, namely:—"the competition commission of india or the appellate tribunal, as the case may be, and such monies which stand so transferred shall be dealt with by the said commission or the tribunal, as the case may be, in such manner as may be prescribed";(c) for sub-section (3), the following sub-section shall be substituted, namely:—"(3) all cases pertaining to monopolistic trade practices or restrictive trade practices pending (including such cases, in which any unfair trade practice has also been alleged), before the monopolies and restrictive trade practices commission shall, after the expiry of two years referred to in the proviso to subsection (1), stand transferred to the appellate tribunal and shall be adjudicated by the appellate tribunal in accordance with the provisions of the repealed act as if that act had not been repealed" (d) in sub-section (4), for the words "on or before the commencement of this act shall, on such commencement", the words, brackets and figure "on or before the expiry of two years referred to in the proviso to sub-section (1)," shall be substituted;(e) for sub-section (5), the following sub-section shall be substituted, namely:— "(5) all cases pertaining to unfair trade practices referred to in clause (x)of sub-section (1) of section 36a of the monopolies and restrictive trade practices act, 1969 and pending before the monopolies and restrictive trade practices commission shall, after the expiry of two years referred to in the proviso to sub-section (1), stand transferred to the appellate tribunal and the appellate tribunal shall dispose of such cases as if they were cases filed under that act" statement of objects and reasonsthe competition act was enacted in 2002 keeping in view the economic developments that resulted in opening up of the indian economy, removal of controls and consequent economic liberalization which required that the indian economy be enabled to allow competition in the market from within the country and outside the competition act, 2002 (hereinafter referred to as the act) provided for the establishment of a competition commission, (the commission) to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of trade carried on by other participants in markets in india, and for matters connected therewith or incidental thereto2 the competition commission of india was established on the 14th october, 2003but could not be made functional due to filing of a writ petition before the hon'ble supreme court while disposing of the writ petition on the 20th january, 2005, the hon'ble supreme court held that if an expert body is to be created by the union government, it might be appropriate for the government to consider the creation of two separate bodies, one with expertise for advisory and regulatory functions and the other for adjudicatory functions based on the doctrine of separation of powers recognised by the constitution keeping in view the judgment of the hon'ble supreme court, the competition (amendment) bill, 2006 was introduced in lok sabha on the 9th march, 2006 and the same was referred for examination and report to the parliamentary standing committee taking into account the recommendations of the committee, the competition (amendment) bill, 2007 is being introduced3 the competition (amendment) bill, 2007, inter alia, provides for the following :—(a) the commission shall be an expert body which would function as a market regulator for preventing and regulating anti-competitive practices in the country in accordance with the act and it would also have advisory and advocacy functions in its role as a regulator;(b) for mandatory notice of merger or combination by a person or enterprise to the commission within thirty days and to empower the commission for imposing a penalty of up to one per cent of the total turnover or the assets, whichever is higher, on a person or enterprise which fails to give notice of merger or combination to the commission;(c) for establishment of the competition appellate tribunal, which shall be a three member quasi judicial body headed by a person who is or has been a judge of the supreme court or the chief justice of a high court to hear and dispose of appeals against any direction issued or decision made or order passed by the commission;(d) for adjudication by the competition appellate tribunal of claims on compensation and passing of orders for the recovery of compensation from any enterprise for any loss or damage suffered as a result of any contravention of the provisions of the act;(e) for implementation of the orders of the competition appellate tribunal as a decree of a civil court;(f) for filing of appeal against the orders of the competition appellate tribunal to the supreme court;(g) for imposition of a penalty by the commission for contravention of its orders and in certain cases of continued contravention a penalty which may extend to rupees twenty-five crores or imprisonment which may extend to three years or with both as the chief metropolitan magistrate, delhi may deem fit, may be imposed4 the bill also aims at continuation of the monopolies and restrictive trade practices commission (mrtpc) till two years after constitution of competition commission, for trying pending cases under the monopolies and restrictive trade practices act, 1969 after which it would stand dissolved the bill also provides that mrtpc would not entertain any new cases after the competition commission is duly constituted cases still remaining pending after this two year period, would be transferred to competition appellate tribunal or the national commission under the consumer protection act, 1986 depending on the nature of cases5 the bill seeks to achieve the above objectivesnew delhi;prem chand guptathe 9th august, 2007 ———— president's recommendation under article 117 of the constitution of india[copy of letter no 5/18/2006-igc, dated the 20th august, 2007 from shri prem chand gupta, minister of corporate affairs to the secretary-general, lok sabha]the president, having been informed of the subject matter of the proposed competition(amendment) bill, 2007, recommends introduction of the bill under article 117(1) of the constitution and also recommends the consideration of the bill under article 117(3) of the constitution notes on clausesclause 2 —this clause seeks to amend section 2 of the competition act, 2002 relating to definitions it is proposed to define the expression "appellate tribunal" used in the billclause 3 —this clause seeks to amend section 4 of the competition act, 2002 relating to abuse of dominant positionthe existing provisions of section 4 applies only to an enterprise and not to the group of enterprises clause (c) of sub-section (2) of section 4 states that there shall be an abuse of dominant position if an enterprise indulges in practice or practices resulting in denial of market accessit is proposed to amend the provisions of section 4 so as to make it applicable to group of enterprises also it is also proposed to amend clause (c) of sub-section (2) of said section so as to insert the words "in any manner" this amendment is clarificatory in natureclause 4 —this clause seeks to amend section 5 of the competition act, 2002 relating to combinationunder the existing provisions of section 5, there is no specific provision regarding local nexus for foreign entities which are parties to combinationsit is proposed to substitute item (b) in sub-clause (i) and item (b) in sub-clause (ii) of clause (a) of section 5 to provide for a local nexus for combinations involving foreign entity and an indian entity a threshold value of local assets and operations in terms of asset value of at least rupees 500 crores and turnover of atleast rupees 1500 crores, is proposed for operations in india in addition to the existing global asset or turnover limits provided in the actclause 5 —this clause seeks to amend section 6 of the competition act, 2002 relating to regulation of combinationsunder the existing provisions of section 6, it is voluntary for a person or enterprise to give notice of the formation of combination within seven days to the commissionit is proposed to amend sub-section (2) of section 6 so as to provide for mandatory notice of combinations to the commission within thirty days it is also proposed to add subsection (2a) providing that no combination shall come into effect until two hundred and ten days have passed from the day on which the notice has been given to the commission or the commission has passed orders under section 31, whichever is earlierclause 6 —this clause seeks to substitute section 8 of the competition act, 2002relating to composition of competition commission of indiathe new clause provides that the commission shall consist of a chairperson and not less than two and not more than six other members instead of ten members as provided for under the existing provisions of section 8, to be appointed by the central government it also proposes to remove from eligibility requirement that the person who has been or is qualified to be a judge of a high court, and to omit the special knowledge of, and professional experience of administration or in any other matter from the qualifications for appointment as chairperson or any other memberclause 7 —this clause seeks to substitute section 9 of the competition act, 2002relating to selection of chairperson and other members of the competition commission of indiaunder the existing provisions, the chairperson and other members shall be selected in the manner as may be prescribed by the rules made by the central government the competition commission of india (selection of chairperson and other members of the commission) rules, 2003 made under this section provide for selection of the chairperson and other members by a selection committee consisting of (a) a person, who has been a retired judge of the supreme court or a high court or a retired chairperson of a tribunal established or constituted under an act of parliament or a distinguished jurist or a senior advocate for five years or more - as member, (b) a person who has special knowledge of, and professional experience of twenty-five years or more in international trade, economics, business, commerce or industry - as member, (c) a person who has special knowledge of, and professional experience of twenty-five years or more in accountancy, management, finance, public affairs or administration - as member nominated by the central governmentthe new clause provides that the chairperson and other members of the competition commission of india shall be appointed by the central government from a panel of names recommended by a selection committee consisting of (a) the chief justice of india or his nominee— as chairperson, (b) the secretary in the ministry of corporate affairs - as member,(c) the secretary in the ministry of law and justice—as member and (d) two experts of repute having special knowledge in specified fields - as memberit also provides that the term of the selection committee and the manner of selection of panel of names shall be such as may be prescribedclause 8—this clause seeks to amend section 10 of the competition act, 2002 relating to term of office of chairperson and other members of the competition commission of indiaunder the existing provisions contained in section 10, no chairperson of the competition commission of india shall hold office as such after he has attained the age of sixty-seven years and no other member shall hold office as such after he has attained the age of sixty-five yearsit is proposed to amend the said section 10 to provide that the chairperson or other member shall not hold office as such after he has attained the age of sixty-five yearsclause 9—this clause seeks to amend section 12 of the competition act, 2002 relating to restriction on employment of chairperson and other members of the competition commission of india in certain casesunder the existing provisions contained in the said section, the chairperson and other members shall not, for a period of one year from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any enterprise which has been a party to a proceeding before the commission under this acthowever, this provision does not 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, state, or provincial act or a government company as defined in section 617 of the companies act, 1956it is proposed to amend the said section so as to increase the said period of restriction on employment of chairperson and other members of the competition commission of india from one year to two yearsclause 10—this clause seeks to substitute section 13 of the competition act, 2002relating to financial and administrative powers of member administrationunder the existing provisions contained in the said section, the central government is to designate any member as member administration who shall exercise such financial and administrative powers as are vested in him under the rulesit is proposed to substitute the said section 13 by a new section to provide that the chairperson shall have the powers of general superintendence, direction and control in respect of all administrative matters of the commission however, the chairperson may delegate such of his powers relating to administrative matters of the commission, as he may think fit to any other member or officer of the commissionclause 11—this clause seeks to amend section 16 of the competition act, 2002relating to appointment of director general, etcunder the existing provisions contained in the said section, the central government can appoint a director general and as many additional, joint, deputy or assistant director general or such other advisers, consultants or officers, as it may think fit, for the purposes of assisting the commission in conducting inquiry into contravention of any of the provisions of the act and for the conduct of cases before the commission and for performing such other functions as are, or may be, provided by or under the actit is proposed to amend the said section so as to, inter alia, omit the "advisers" and"consultants" from the scope of section 16 and therefore the central government would not appoint "advisers" and "consultants" in the competition commission of india the power to engage the "advisers", and "consultants" is proposed to be conferred upon the competition commission of indiaclause 12—this clause seeks to substitute section 17 of the competition act, 2002relating to registrar and officers and other employees of the competition commission of india by a new sectionunder the existing provisions contained in the said section, the commission may appoint a registrar and such officers and other employees as it considers necessary for the efficient performance of its functions under this actit is proposed to substitute said section so as to confer power upon the commission to appoint a secretary instead of registrar in addition to officers and other employees in the discharge of its functions under the said act and also proposed to confer power on the commission to engage such experts and professionals of integrity and outstanding ability who have special knowledge of, and experience in, economics, law, business or such other disciplines related to competition, as it deems necessary to assist the commissionclause 13—this clause seeks to amend section 19 of the competition act, 2002relating to inquiry into certain agreements and dominant position of enterpriseunder the existing provisions contained in clause (a) of sub-section (1) of said section, the commission may inquire into any alleged contravention of the provisions contained in sub-section (1) of section 3 or sub-section (1) of section 4 either on its own motion or on receipt of a complaintit is proposed to amend said section so as to substitute "receipt of a complaint", by the words "receipt of any information, in such manner" to enable the commission to inquire into any alleged contravention on receipt of any information instead of receipt of a complaintclause 14 —this clause seeks to amend sub-section (2) of section 20 of the competition act, 2002 relating to inquiry into combination by the commissionunder the existing provisions contained in sub-section (2) of section 20, the commission shall, upon receipt of a reference under sub-section (1) of section 21, inquire whether the combination referred to in the reference is likely to cause an appreciable adverse effect on competition in indiait is proposed to amend the said sub-section (2) so as to delete the provision of inquiry on a reference from a statutory authority as the reference has been made on an issue, which is under consideration of the statutory authorityclause 15—this clause seeks to amend sub-sections (1) and (2) of section 21 of the competition act, 2002 relating to reference by statutory authorityunder the existing provisions contained in sub-section (1) of said section where in the course of a proceeding before any statutory authority an issue is raised by any party that any decision which such statutory authority has taken or proposes to take, is or would be, contrary to any of the provisions of the act then such statutory authority may make a reference in respect of such issue to the commission under the existing sub-section (2), on receipt of a reference from a statutory authority, the commission shall, after hearing the parties to the proceedings, give its opinion to such statutory authority which shall thereafter pass such order on the issues referred to in that sub-section as it deems fitit is proposed to add a proviso to said sub-section (1) so as to provide that any statutory authority may suo motu make a reference to the commission it is also proposed to amend sub-section (2) so as to provide that the statutory authority on the opinion of the commission shall give its findings recording reasons thereforclause 16—this clause seeks to insert a new section 21a regarding reference by commissionthis new section provides for making of a reference by the commission to statutory authorities on an issue raised in any matter before it or suo motu the statutory authority shall be duty bound to give its opinion within sixty days to the commission and the commission shall consider the opinion of the statutory authority and give its findings recording reasons thereforclause 17—this clause seeks to substitute section 22 of the competition act, 2002relating to benches of the competition commission of indiaunder the existing provisions contained in the said section, the jurisdiction, powers and authority of the commission may be exercised by benches thereofit is proposed to substitute the said section for the meetings of the competition commission of india it, inter alia, provides that 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 as may be provided by the regulations it also provides that all questions which come up before any meeting of the commission shall be decided by a majority of the members present and voting, and in the event of an equality of votes, the chairperson or in his absence, the member presiding, shall have a second or casting vote it also provides that the quorum for such meeting shall be three membersclause 18 —this clause seeks to omit sections 23, 24 and 25 of the competition act,2002 relating to distribution of business of the competition commission of india amongst benches, procedure for deciding a case where members of a bench differ in opinion and jurisdiction of benchclause 19 —this clause seeks to substitute section 26 of the competition act, 2002relating to procedure for enquiry on complaints under section 19it is proposed to provide that on receipt of a reference from the central government or a state government or a statutory authority or on its own knowledge or information received under section 19, if the commission is of the opinion that there exists a prima facie case, it shall direct the director general to cause an investigation to be made into the matter it also provides that on receipt of reference under the above provision, if the commission is of the opinion that there exists no prima facie case, it shall close the matter forthwith and pass such orders as it deems fit and send a copy of its order to the central government or the state government or the statutory authority or the parties concerned, as the case may be the director general on receipt of direction under the above provision shall submit a report on his findings within such period as may be specified by the commission the commission may forward a copy of the report to the parties concerned it also provides that if the report of the director general recommends that there is no contravention of the provisions of this act, the commission shall invite objections or suggestions from the central government or the state government or the statutory authority or the parties concerned, as the case may be, on such report of the director general it provides that if the commission agrees to the recommendations of the director general, it shall close the matter and pass such order as it deems fit and communicate its order to the authorities mentioned it further provides that after consideration of the objections or suggestions referred to above, if any, the commission is of the opinion that further investigation is called for, it may direct for further investigation it further provides that if the report of the director general recommends that there is contravention of any of the provisions of the act and the commission is of the opinion that further inquiry is called for, it shall inquire into such contravention in accordance with the provisions of the act it is also proposed to provide that if the subject matter of an information received is, in the opinion of the commission, substantially the same as or has been covered by any previous information received, then the new information may be clubbed with the previous informationclause 20 —this clause seeks to amend section 27 of the competition act, 2002relating to orders by commission after inquiry into agreements or abuse of dominant positionthe existing provisions contained in the said section, inter alia, confer power upon the commission to pass orders awarding compensation to parties in accordance with the provisions contained in section 34the power to award compensation is proposed to be conferred upon the appellate tribunal by new section 53n proposed to be inserted by clause 43 of the bill it is, therefore, proposed to omit clauses (c) and (f) of section 27 which confer powers on the commission to pass orders awarding compensationit is also proposed to add a proviso to this section providing that if the commission comes to a finding that an enterprise, in contravention to section 3 or section 4 of the act, is a member of a group as defined in clause (b) of the explanation to section 5 of the act, and other members of such a group are also responsible for, or have contributed to, such a contravention, then it may pass any orders against such members of the groupclause 21 —this clause seeks to amend section 28 of the competition act, 2002relating to division of enterprise enjoying dominant positionunder the existing provisions contained in the said section the central government can, on recommendation of the commission, order division of enterprise enjoying dominant positionit is proposed to amend section 28 so as to confer said power upon the commission to order division of an enterprise instead of the central government to order the divisionclause 22 —this clause seeks to amend section 29 of the competition act, 2002relating to procedure for investigation of combinationsit is, inter alia, proposed to insert a new sub-section (1a) to provide that the commission may, after receipt of the response of the parties to the combination under subsection (1), call for a report from the director general and such report shall be submitted by the director general within such time as the commission may directclause 23 —this clause seeks to substitute section 30 of the competition act, 2002relating to inquiry into disclosures under sub-section (2) of section 6under the existing provisions contained in the said section, where any person or enterprise has given a notice under sub-section (2) of section 6, the commission shall inquire, (a) whether the disclosure made in the notice is correct, (b) whether the combination has, or is likely to have, an appreciable adverse effect on competitionit is proposed to substitute section 30 so as to provide that where any person or enterprise has given a notice under sub-section (2) of section 6, the commission shall examine such notice and form its prima facie opinion and proceed in accordance with the provisions of section 29clause 24—this clause seeks to amend sub-section (11) of section 31 of the competition act, 2002 relating to orders of commission on certain combinationsunder the existing provisions contained in the said sub-section (11) the combination is deemed to have been approved by the commission if the commission does not pass orders on expiry of a period of ninety working days from the date of publication referred to in sub-section (2) of section 29it is proposed to provide for deemed approval for the combination if the commission does not pass orders in two hundred and ten days from the date of notice given to the commission under sub-section (2) of section 6 this amendment is consequential in natureclause 25 —this clause seeks to amend section 32 of the competition act, 2002relating to acts taking place outside india but having an effect on competition in india the proposed amendment is clarificatory in natureclause 26 —this clause seeks to substitute section 33 of the competition act, 2002relating to power to grant interim reliefthe existing provisions of section 33 provides that where during an inquiry before the commission it is proved to the satisfaction of the commission that an act in contravention of sections 3, 4 and 6 has been committed, the commission may by order grant a temporary injunction restraining any party from carrying on such act it also provides that where during the inquiry before the commission, if the commission is satisfied that import of any goods is likely to contravene sections 3, 4 and 6 it may, by order, grant a temporary injunction restraining any party from importing such goods until the conclusion of such inquiry or until further orders, without giving notice to the opposite party, where it deems it necessary and a copy of such order granting temporary injunction shall be sent to the concerned authorities it further provides that the provisions of rules 2a to 5 (both inclusive) of order xxxix of the first schedule to the code of civil procedure, 1908 shall, as far as may be, apply to a temporary injunction issued by the commission under this act, as they apply to temporary injunction issued by a civil courtthe proposed section 33 provides that where during an inquiry, the commission is satisfied that an act in contravention of sections 3, 4 and 6 has been committed, the commission may, by order, temporarily restrain any party from carrying on such act until the conclusion of such inquiry or until further orders, without giving notice to such partyclause 27 —this clause seeks to omit section 34 of the competition act, 2002 relating to power to award compensationthe power to award compensation is proposed to be conferred upon the appellate tribunal by new section 53n proposed to be inserted by clause 43 of the bill it is, therefore, proposed to omit aforesaid section 34 conferring power upon the competition commission of india to award compensationclause 28 —this clause seeks to amend section 35 of the competition act, 2002relating to appearance before the competition commission of indiaunder the existing provisions contained in the said section, a complainant or defendant or the director general may either appear in person or authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of his or its officers to present his or its case before the commissionit is proposed to amend the said section so as to substitute the words "person or an enterprise", for the words "complainant or defendant" for appearance before the commissionclause 29 —this clause seeks to substitute section 36 of the competition act, 2002relating to power of commission to regulate its own procedurethe existing section 36 confer powers upon the commission, inter alia, to dismiss an application in default or deciding it ex parte or exercise power in respect of any other matter which may be prescribed it also provides that every proceeding before the commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 and for the purpose of section 196 of the indian penal code and the commission shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973it is proposed to substitute the said section so as to provide that the commission may direct any person to produce before the director general or secretary or an officer authorised by it the books or other documents, being documents relating to any trade, in the custody or under the control of such person for the purpose of examination under the act and also that the commission may direct any person to furnish to the director general or secretary or any officer authorised by it, such other information as may be in his position in relation to the trade carried on by such person as required for the purpose of this actclause 30 —this clause seeks to omit section 37 of the competition act, 2002 relating to review of orders of the competition commission of indiaclause 31 —this clause seeks to substitute section 39 of the competition act, 2002relating to execution of orders of the competition commission of indiathe existing section provides that every order passed by the commission under this act shall be enforced by the commission in the same manner as if it were a decree or order made by a high court or the principal civil court in a suit pending therein and it shall be lawful for the commission to send, in the event of its inability to execute it, such order to the high court or the principal civil court, as the case may beit is proposed to substitute said section, inter alia, to provide that if a person fails to pay any monetary penalty imposed on him under the act, the commission shall proceed to recover such penalty, in the manner as may be specified by regulations sub-section (2) of proposed section provides that in a case where the commission is of the opinion that it would be expedient to recover the penalty imposed under the competition act, 2002 in accordance with the provisions of the income-tax act, 1961, it may make a reference to this effect to the concerned income-tax authority under the income-tax act, 1961 for recovery of the penalty as tax due under the said act it is also proposed to provide that any reference made by the commission under sub-section (2) would amount to drawing of a certificate by the tax recovery officer as far as demand relating to penalty under this act and any reference to appeal in chapter xviid and the second schedule of the income-tax act, 1961, shall be construed as a reference to appeal before the competition appellate tribunal under section 53b of this actclause 32 —this clause seeks to omit section 40 of the competition act, 2002 relating to appealunder the existing provisions contained in the said section, any person aggrieved by any decision or order of the commission may file an appeal to the supreme court within sixty days from the date of communication of the decision or order of the commission to him on one or more of the grounds specified in section 100 of the code of civil procedure, 1908it is proposed to insert, by clause 43 of the bill, new sections 53b and 53t to provide filing of appeal from any direction, decision or order referred to in clause (a) of new section 53a to the appellate tribunal and filing of an appeal to the supreme court from any decision or order of the appellate tribunal omission of section 40 is therefore consequential in natureclause 33—this clause seeks to amend section 41 of the competition act, 2002relating to director general to investigate contraventionsthe existing sub-section (3) of section 41 provides that, without prejudice to the provisions of sub-section (2), sections 240 and 240a of the companies act, 1956, so far as may be, shall apply to an investigation made by the director general or any other person investigating under his authority, as they apply to an inspector appointed under that actit is proposed to add an explanation to sub-section (3) of section 41 to provide that the words "the central government" under section 240 of the companies act, 1956 shall be construed as "the commission" and the word "magistrate" under section 240a of the companies act, 1956 shall be construed as "the chief metropolitan magistrate, delhi"clause 34—this clause seeks to substitute section 42 of the competition act, 2002relating to contravention of orders of the competition commission of indiaunder the existing provisions contained in the said section if any person contravenes, without any reasonable ground, any order of the commission, or any condition or restriction subject to which any approval, sanction, direction or exemption in relation to any matter has been accorded, given, made or granted under this act or fails to pay the penalty imposed under this act, he shall be liable to be detained in civil prison for a term which may extend to one year, unless in the meantime the commission directs his release and he shall also be liable to a penalty not exceeding rupees ten lakhit is proposed to substitute the said section so as to provide that if any person, without reasonable cause fails to comply with the orders or directions issued under the sections specified therein, he shall be punishable with fine which may extend to rupees one lakh for each day subject to a maximum of rupees ten crore as the commission may determine it also provides that if any person does not comply with the orders or directions issued under this section, he shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to rupees twenty-five crore or with both as the chief metropolitan magistrate, delhi may deem fit it further provides that the chief metropolitan magistrate, delhi may pass such orders as it may deem fit on a complaint filed before it by the commission for non-compliance of its ordersclause 35—this clause seeks to insert a new section 42a regarding compensation in case of contravention of orders of commissionthe proposed new section provides that any person may make an application to the appellate tribunal for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of the said enterprise violating directions issued by the commission or contravening, without any reasonable ground, any decision or order of the commissionclause 36 —this clause seeks to substitute section 43 of the competition act, 2002relating to penalty for failure to comply with the directions of the competition commission of india and director general of the commission the new section seeks to provide that a penalty which may extend to rupees one lakh for each day subject to a maximum of rupees one crore may be imposed on the person who, without reasonable cause, fails to comply with the directions given by the commission and the director general issued under the specified sectionsclause 37—this clause seeks to insert a new section 43a regarding power to impose penalty for non-furnishing of information on combinationsthe new section seeks to empower the commission for imposing a penalty on the person or enterprise for not giving the notice to the commission about the combination under sub-section (2) of section 6 this insertion is consequential in natureclause 38—this clause seeks to substitute sub-section (1) of section 45 of the competition act, 2002 regarding penalty for offences in relation to furnishing of informationthe existing provision provides for imposition of a penalty on a person, which may extend to rupees ten lakh, for furnishing documents or making statements which he knows and has reasons to believe to be falseit is proposed to provide for imposition of a fine which may extend to rupees one crore, as the commission may determine, on a person for furnishing documents or making statements which he knows and has reason to believe to be falseclause 39—this clause seeks to amend section 46 of the competition act, 2002relating to power to impose lesser penaltyunder the existing provisions of the said section the competition commission of india has been conferred power to impose lesser penalty in the circumstances mentioned in that section the first proviso to said section provides that the commission shall not impose lesser penalty in cases where proceedings, for the violation of any of the provisions of this act or the rules or the regulations, have been instituted or any investigation has been directed to be made under section 26 before making of such disclosureit is proposed to substitute said first proviso to provide that the commission shall not impose lesser penalty in cases where the report of investigation directed under section 26 has been received before making of such disclosure it is also proposed to amend second proviso so as to provide for lesser penalty upon a person who discloses the information about a cartel it is also proposed to add a third proviso to the said section providing that lesser penalty shall not be imposed by the commission if the person making the disclosure does not continue to co-operate with the commission till the completion of the proceedings before the commissionclause 40—this clause seeks to amend section 49 of the competition act, 2002relating to competition advocacyunder the existing provisions contained in sub-section (1) of the said section the central government may, in formulating a policy on competition (including review of laws related to competition), make a reference to the commission for its opinion on possible effect of such policy on competition and on receipt of such a reference, the commission shall, within sixty days of making such reference, give its opinion to the central government, which may thereafter formulate the policy as it deems fit the existing sub-section (2) provides that the opinion given by the commission shall not be binding upon the central government in formulating such policy the existing sub-section (3) provides that the commission shall take suitable measures, for the promotion of competition advocacy, creating awareness and imparting training about competition issues in the manner as may be prescribed by rulesit is proposed to amend sub-section (1) of the said section so as to enable the central government to make reference to the commission on any other matter also apart from the existing proviso of making a reference on policy on competition (including review of laws related to competition) and also to enable the state government to make a reference to the commission in formulating a policy on competition or on any other matter it is also proposed to amend sub-section (2) of the said section to provide that the opinion of the commission shall not be binding on state government as well as the central government it is further proposed to amend sub-section (3) of the said section to provide that the commission shall take suitable measures for the promotion of competition advocacy, creating awareness and imparting training about competition issues in the manner as may be decided by the commission and not as may be prescribed by rulesclause 41 —this clause seeks to amend section 51 of the competition act, 2002relating to constitution of fundthe provisions contained in clause (b) of sub-section (1) of the said section, inter alia, provide that the monies received as costs from parties to proceedings before the commission shall be credited to the "competition fund" constituted by that sectionit is proposed to omit said clause (b)clause 42 —this clause seeks to amend section 52 of the competition act, 2002relating to accounts and auditthe explanation to the existing sub-section (2) of the said section clarified that the orders of the commission, being matters appealable to the supreme court, shall not be subject to audit under this sectionit is proposed to amend the said explanation so as to provide that the orders of the commission, being matters appealable to the competition appellate tribunal shall also not be subject to audit under this sectionclause 43 —this clause seeks to insert new chapter viiia to the competition act,2002 relating to establishment of competition appellate tribunalthe new chapter viiia contains provisions for (a) establishment of appellate tribunal,(b) appeal to appellate tribunal, (c) composition of appellate tribunal, (d) qualifications for appointment of chairperson and members of appellate tribunal, (e) selection committee, (f) term of office of chairperson and members of appellate tribunal, (g) terms and conditions of service of chairperson and members of appellate tribunal, (h) vacancies, (i) resignation of chairperson and members, (j) member of appellate tribunal to act as chairperson in certain cases, (k) removal and suspension of chairperson and members of appellate tribunal, (l) restriction on employment of chairperson and other members in certain cases, (m) staff of appellate tribunal, (n) procedure for awarding compensation, (o) procedure and powers of appellate tribunal, (p) execution of orders of appellate tribunal, (q) contravention of orders of appellate tribunal, (r) vacancy in appellate tribunal not to invalidate acts or proceedings, (s) right to legal representation, (t) appeal to the supreme court and (u) power to punish for contemptclause 44 —this clause seeks to amend section 57 of the competition act, 2002relating to restriction on disclosure of informationit is proposed to bring the appellate tribunal also within the scope of section 57 of the competition act, 2002 consequent to the proposal to insert a new chapter viii-a vide clause 43 of the bill the proposed amendment is consequential in natureclause 45—this clause seeks to amend section 58 of the competition act, 2002relating to members, director general, registrar, officers and other employees, etc, of the competition commission of indiaunder the existing provisions contained in the said section, the chairperson and other members and the director general, additional, joint, deputy or assistant directors general and registrar and officers and other employees of the commission shall be deemed, while acting or purporting to act in pursuance of any of the provisions of the competition act, 2002, to be public servants within the meaning of section 21 of the indian penal codeclause 12 of the bill proposes to confer power upon the commission to appoint a secretary instead of registrar clause 43 of the bill proposes to insert new chapter viii-a in the competition act, 2002 to establish the competition appellate tribunal hence, it is proposed to bring the secretary, officers and other employees of the commission and the chairperson, members, officers and other employees of the appellate tribunal within the scope of section 58 of the competition act, 2002 the proposed amendment is consequential in natureclause 46—this clause seeks to amend section 59 of the competition act, 2002relating to protection of action taken in good faithunder the existing provisions contained in the said section, no suit, prosecution or other legal proceedings can lie against the central government or commission or any officer of the central government or the chairperson or any member or the director general, additional, joint, deputy or assistant directors general or registrar or officers or other employees of the commission for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunderclause 12 of the bill proposes to confer power upon the commission to appoint a secretary instead of registrar clause 43 of the bill proposes to insert new chapter viii-a in the competition act, 2002 proposing to establish the competition appellate tribunal it is proposed to bring the secretary, officers and other employees of the commission and the chairperson, members, officers and other employees of the appellate tribunal within the scope of the aforesaid section the proposed amendment is consequential in natureclause 47—this clause seeks to amend section 61 of the competition act, 2002relating to exclusion of jurisdiction of civil courtsunder the existing provisions contained in the said section, no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the commission 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 actclause 43 of the bill proposes to insert new chapter viii-a in the competition act,2002 proposing to establish the competition appellate tribunal it is proposed to exclude the jurisdiction of civil courts in respect of any matter in which the commission or appellate tribunal is empowered to determine the proposed amendment is consequential in natureclause 48 —this clause seeks to amend section 63 of the competition act, 2002relating to power to make rulesit is proposed to amend said section so as to confer powers upon the central government to make rules in respect of certain matters specified in that section and to make certain other amendments which are consequential in natureclause 49—this clause seeks to amend section 64 of the competition act, 2002relating to power to make regulations by the competition commission of indiait is proposed to amend said section 64 so as to confer powers upon the competition commission of india to make regulations in respect of certain matters specified in the said sectionclause 50 —this clause seeks to amend section 66 of the competition act, 2002relating to repeal and savingunder the existing provisions, the monopolies and restrictive trade practices act,1969 is proposed to be repealed and upon such repeal, the monopolies and restrictive trade practices commission established under sub-section (1) of section 5 of the repealed act shall stand dissolved sub-sections (2) to (10) of the aforesaid section deals with the matters arising out of such repealit is proposed to amend said section 66 so as to provide that the monopolies and restrictive trade practices commission may continue to exercise jurisdiction and powers under the monopolies and restrictive trade practices act, 1969 for a period of two years from the date of bringing into force of section 66 of the competition act, 2002 only in respect of cases or proceedings filed before such commencement it further provides for the transfer of pending cases after the two years period to the appellate tribunal or the national commission under the consumer protection act, 1986 depending on the nature of cases it also provides that the staff of the monopolies and restrictive trade practices commission who has been employed on regular basis by the monopolies and restrictive trade practices commission shall, on its dissolution, become employees of the competition commission or the appellate tribunal in the manner as may be specified by the central government financial memorandumclause 43 of the bill seeks to establish a competition appellate tribunal with a chairperson and up to two members, along with associated staff, whose expenses would be paid from the consolidated fund of india however, clause 6 of the bill seeks to reduce the strength of the competition commission from ten additional members to six additional members clause 17 of the bill further provides for commission to function as a collegium and not through benches, leading to absence of need for provision of offices to these benches, and the need for branches of director general's office at these benches2 the expenditure to be incurred on creation of the competition appellate tribunal would be rupees 10961 lakh per annum however, there would be a decrease in expenditure up to an extent of rupees 22239 lakh in a year due to reduction of strength of competition commission of india from ten additional members to six additional members, and by removal of the concept of benches functioning at different locations, and their associated director general subordinate offices thus, there would be an overall saving of rupees 11278 lakh per annum3 thus, there would not be any additional financial outgo due to the changes proposed in the amendment bill memorandum regarding delegated legislationclause 48 of the bill seeks to amend section 63 of the competition act, 2002 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 to, inter alia, provide for (a) the term of the selection committee and the manner of selection of panel of names under sub-section (2) of section 9; (b) the number of additional, joint, deputy or assistant directors general or such officers or other employees in the office of director general and the manner in which such additional, joint, deputy or assistant directors general or such officers or other employees may be appointed under sub-section (1a) of section 16; (c) the salary, allowances and other terms and conditions of service of the director general, additional, joint, deputy or assistant directors general or such officers or other employees under sub-section (3) of section 16; (d) the qualifications for appointment of the director general, additional, joint, deputy or assistant directors general or such officers or other employees under subsection (4) of section 16; (e) the salaries and allowances payable to, and other terms and conditions of service of, the secretary and officers and other employees of the commission and the number of such officers and other employees under sub-section (2) of section 17; (f) the form in which an appeal may be filed before the appellate tribunal under sub-section (2) of section 53b and the fees payable in respect of such appeal; (g) the term of the selection committee and the manner of selection of panel of names under sub-section (2) of section 53e; (h) the salaries and allowances and other terms and conditions of service of the chairperson and other members of the appellate tribunal under sub-section (1) of section 53g; (i) the salaries and allowances and other conditions of service of the officers and other employees of the appellate tribunal under sub-section (3) of section 53m; (j ) the fee which shall be accompanied with every application made under sub-section (2) of section 53n; (k) the other matters under clause (i) of sub-section (2) of section 53-o in respect of which the appellate tribunal shall have powers under the code of civil procedure while trying a suit; (l) the manner in which the monies transferred to the competition commission of india or the appellate tribunal, as the case may be, shall be dealt with by the commission or the appellate tribunal under the fourth proviso to sub-section (2) of section 662 clause 49 of the bill seeks to amend section 64 of the competition act, 2002 this clause empowers the competition commission of india to make regulations, by notification, to carry out the purposes of the proposed legislation the matters in respect of which such regulations may be made are specified therein these matters relate to, inter alia, (a) the procedure to be followed for engaging the experts and professionals under sub-section (3) of section 17; (b) the manner and fee which may be determined under clause (a) of subsection (1) of section 19; (c) the rules of procedure in regard to the transaction of business at the meetings of the commission under sub-section (1) of section 22; (d) the manner in which penalty shall be recovered under sub-section (1) of section 39; (e) any other matter in respect of which provision is to be, or may be, made by regulations3 the rules made by the central government and the regulations made by the competition commission of india 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 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 involved is of a normal character extracts from the competition act, 2002definitions 2 in this act, unless the context otherwise requires,— prohibition of abuse of dominant position4 (1) no enterprise shall abuse its dominant positionabuse of dominant position(2) there shall be an abuse of dominant position under sub-section (1), if an enterprise,—(a) directly or indirectly, imposes unfair or discriminatory—(i) condition in purchase or sale of goods or service; or (ii) price in purchase or sale (including predatory price) of goods or serviceexplanation—for the purposes of this clause, the unfair or discriminatory condition in purchase or sale of goods or service referred to in sub-clause (i) and unfair or discriminatory price in purchase or sale of goods (including predatory price) or service referred to in sub-clause (ii) shall not include such discriminatory condition or price which may be adopted to meet the competition; or (b) limits or restricts—(i) production of goods or provision or services or market therefor; or (ii) technical or scientific development relating to goods or services to the prejudice of consumers; or (c) indulges in practice or practices resulting in denial of market access; or (d) makes conclusion of contracts subject to accepteance by other parties of supplementary obligations which, by their nature or according to commercial usage, have no connection withthe subject of such contracts; or(e) uses its dominant position in one relevant market to enter into, or protect, other relevant market explanation—for the purposes of this section, the expression—(a) "dominant position" means a position of strength, enjoyed by an enterprise, in the relevant market, in india, which enables it to—(i) operate independently of competitive forces prevailing in the relevant market; or(ii) affect its competitors or consumer or the relevant market in its favour;(b) "predatory price" means the sale of goods or provision of services, at a price which is below the cost, as may be determined by regulations, or production of the goods or provision of services, with a view to reduce competition or eliminate the competitors regulation of combinationscombination5 the acquisition of one or more enterprises by one or more persons or merget or amalgamation of enterprises shall be a combination of such enterprises and persons or enterprises, if—(a) any acquisition where—(i) the parties to the acquisition, being the acquirer and the enterprise, whose control, shares, voting rights or assets have been acquired or are being acquired jointly have,—(a) either, in india, the assets of the value of more than rupees one thousand crores or turnover more than rupees three thousand crores; or(b) in india or outside india, in aggregate, the assets of the value of more than five hundred million us dollars or turnover more than fifteen hundred million us dollars; or(ii) the group, to which the enterprise whose control, shares, assets or voting rights have been acquired or are being acquired, would belong after the acquisition, jointly have a would jointly have,—(a) either in india, the assets of the value of more than rupees four thousand crores or turnover more than rupees twelve thousand crores; or(b) in india or outside india, in aggregate, the assets of the value of more than two billion us dollars or turnover more than six billion us dollars; orregulation of combinatons6 (1) no person or enterprise shall enter into a combination which causes or is likely to cause an appreciable adverse effect on competition with in the relevant market in india and such a combination shall be void(2) subject to the provisions contained in sub-section (1), any person or enterprise, who or which proposes to enter into a combination, may, at his or its option, give notice to the commission, in the form as may be specified, and the fee which may be determined, by regulations, disclosing the details of the proposed combination, within seven days of—(a) approval of the proposal relating to merger or amalgamation, referred to in clause (c) approval of the proposal relating to merger or amalgamation, referred to in clause (c) of section 5, by the board of directors of the enterprises concerned with such merger or amalgamation, as the case may be;(b) execution of any agreement or other document for acquisition referred to in clause (a) of section 5 or acquiring of control referred to in clause (b) of that sectioncomposition of commission8 (1) the commission shall consist of a chairperson and not less than two and not more than ten other members to be appointed by the central government:provided that the central government shall appoint the chairperson and a member during the first year of the establishment of the commission (2) the chairperson and every other member shall be a person of ability, integrity and standing and who, has been, or is qualified to be, a judge of a high court, or, has special knowledge of, and professional experience of not less than fifteen years in international trade, economics, business, commerce, law, finance, accountancy, management, industry, public affairs, administration or in any other matter which, in the opinion of the central government, may be useful to the commission(3) the chairperson and other members shall be whole-time members9 the chairperson and other members shall be selected in the manner as may be prescribedselection of chairperson and other members10 (1) the chairperson and every other member shall hold office as such for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment:terms of office of chairperson and other membersprovided that no chairperson or other member shall hold office as such after he has attained,—(a) in the case of the chairperson, the age of sixty-seven years; (b) in the case of any other member, the age of sixty-five years 12 the chairperson and other members shall not, for a period of one year from the date on which they cease to hold office, accept any employment in, or connected with the management or administration of, any enterprise which has been a party to a proceeding before the commission under this act:restriction on employment of chairpersonand othermembers in certain cases1 of 1956provided 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, state or provincial act or a government company as defined in section 617 of the companies act, 195613 the central government shall designate any member as member administration who shall exercise such financial and administrative powers as may be vested in him under the rules made by the central government:financial and administrative powers of member administrationprovided that the member administration shall have authority to delegate such of his financial and administrative powers as he may think fit to any other officer of the commission subject to the condition that such officer shall, while exercising such delegated powers continue to act under the direction, superintendence and control of the member administrationappointment of director- general, etc16 (1) the central government may, by notification, appoint a director-general and as many additional, joint, deputy or assistant directors general or such other advisers, consultants or officers, as it may think fit, for the purposes of assisting the commission in conducting inquiry into contravention of any of the provisions of this act and for the conduct of cases before the commission and for performing such other functions as are, or may be, provided by or under this act(2) every additional, joint, deputy and assistant directors general or such other advisers, consultants and officers, shall exercise his powers, and discharge his functions, subject to the general control, supervision and direction of the director general(3) the salary, allowances and other terms and conditions of service of the director general and additional, joint, deputy and assistant directors general or such other advisers, consultants or officers, shall be such as may be prescribed(4) the director general and additional, joint, deputy and assistant directors general or such other advisers, consultants or officers shall be appointed from amongst persons of integrity and outstanding ability and who have experience in investigation, and knowledge of accountancy, management, business, public administration, international trade, law or economics and such other qualifications as may be prescribedregistrar and officers and other employees of commission17 (1) the commission may appoint a registrar and such officers and other employees as it considers necessary for the efficient performance of its functions under this act(2) the salaries and allowances payable to and other terms and conditions of service of the registrar and officers and other employees of the commission and the number of such officers and other employees shall be such as may be prescribed 19 (1) the commission may inquire into any alleged contravention of the provisions contained in sub-section (1) of section 3 or sub-section (1) of section 4 either on its own motion or on—inquiry into certain agreements and dominant position of enterprise(a) receipt of a complaint, accompanied by such fee as may be determined by regulations, from any person, consumer or their association or trade association; or 20 (1) inquiry into combination by commission(2) the commission shall, on receipt of a notice uner sub-section (2) of section 6 or upon receipt of a reference under sub-section (1) of section 21, inquire whether a combination referred to in that notice or reference has caused or is likely to cause an appreciable adverse effect on competition in india reference by statutory authority 21 (1) where in the course of a proceeding before any statutory authority an issue is raised by any party that any decision which such statutory authority has taken or proposes to take, is or would be, contrary to any of the provisions of this act, then such statutory authority may make a reference in respect of such issue to the commission(2) on receipt of a reference under sub-section (1), the commission shall, after hearing the parties to the proceedings, give its opinion to such statutory authority which shall thereafter pass such order on the issues referred to in that sub-section as it deems fit:provided that the commission shall give its opinion under this section within sixty days of receipt of such referencebenches of commission22 (1) the jurisdiction, powers and authority of the commission may be exercised by benches thereof (2) the benches shall be constituted by the chairperson and each bench shall consist of not less than two members (3) every bench shall consist of at least one judicial member explanation—for the purposes of this sub-section, "judicial member" means a member who is, or has been, or is qualified to be, a judge of a high court (4) the bench over which the chairperson presides shall be the principal bench and the other benches shall be known as the additional benches (5) there shall be constituted by the chairperson one or more benches to be called the mergers bench or mergers benches, as the case may be, exclusively to deal with matters referred to in sections 5 and 6 (6) the places at which the principal bench, other additional bench or mergers bench shall ordinarily sit, shall be such as the central government may, by notification, specify23 (1) where any benches are constituted, the chairperson may, from time to time, by order, make provisions as to the distribution of the business of the commission amongst the benches and specify the matters, which may be dealt with by each benchdistribution of business of commission amongst benches(2) if any question arises as to whether any matter falls within the purview of the business allocated to a bench, the decision of the chairperson thereon shall be final(3) the chairperson may—(i) transfer a member from one bench to another bench; or (ii) authorise the members of one bench to discharge also the functions of the members of other bench:provided that the chairperson shall transfer, with the prior approval of the central government, a member from one bench situated in one city to another bench situated in another city(4) the chairperson may, for the purpose of securing that any case or matter which, having regard to the nature of the questions involved, requires or is required in his opinion or under the rules made by the central government in this behalf, to be decided by a bench composed of more than two members, issue such general or special orders as he may deem fitprocedure for deciding a case where members of a bench differin opinion24 if the members of a bench differ in opinion on any point, they shall state the point or points on which they differ, and make a reference to the chairperson who shall either hear the point or points himself or refer the case for hearing on such point or points by one or more of the 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 itjurisdiction of bench25 an inquiry shall be initiated or a complaint be instituted or a reference be made under this act before a bench within the local limits of whose jurisdiction—(a) the respondent, or each of the respondents, where there are more than one, at the time of the initiation of inquiry or institution of the complaint or making of reference, as the case may be, actually and voluntarily resides, or carries on business, or personally works for gain; or(b) any of the respondents, where there are more than one, at the time of the initiation of the inquiry or institution of complaint or making of reference, as the case may be, actually and voluntarily resides or carries on business or personally works for gain provided that in such case either the leave of the bench is given, or the respondents who do not reside, or carry on business, or personally work for gain, as aforesaid, acquiesce in such institution; or(c) the cause of action, wholly or in part, arises explanation—a respondent, being a person referred to in sub-clause (iii) or subclause (vi) or sub-clause (vii) or sub-clause (viii) of clause (l) of section 2, shall be deemed to carry on business at its sole or principal place of business in india or at its registered office in india or where it has also a subordinate office at such placeprocedure for inquiry on complaints under section 1926 (1) on receipt of a complaint or a reference from the central government or a state government or a statutory authority or on its own knowledge or information, under section 19, if the commission is of the opinion that there exists a prima facie case, it shall direct the director general to cause an investigation to be made into the matter(2) the director general shall, on receipt of direction under sub-section (1), submit a report on his findings within such period as may be specified by the commission(3) where on receipt of a complaint under clause (a) of sub-section (1) of section19, the commission is of the opinion that there exists no prima facie case, it shall dismiss the complaint and may pass such orders as it deems fit, including imposition of costs, if necessary(4) the commission shall forward a copy of the report referred to in sub-section (2)to the parties concerned or to the central government or the state government or the statutory authority, as the case may be(5) if the report of the director general relates on a complaint and such report recommends that there is no contravention of any of the provisions of this act, the complainant shall be given an opportunity to rebut the findings of the director general(6) if, after hearing the complainant, the commission agrees with the recommendation of the director general, it shall dismiss the complaint(7) if, after hearing the complainant, the commission is of the opinion that further inquiry is called for, it shall direct the complainant to proceed with the complaint(8) if the report of the director general relates on a reference made under subsection (1) and such report recommends that there is no contravention of the provisions of this act, the commission shall invite comments of the central government or the state government or the statutory authority, as the case may be, on such report and on receipt of such comments, the commission shall return the reference if there is no prima facie case or proceed with the reference as a complaint if there is a prima facie case(9) if the report of the director general referred to in sub-section (2) recommends that there is contravention of any of the provisions of this act, and the commission is of the opinion that further inquiry is called for, it shall inquire into such contravention in accordance with the provisions of this act27 where after inquiry the commission finds that any agreement referred to in section 3 or action of an enterprise in a dominant position, is in contravention of section 3 or section 4, as the case may be, it may pass all or any of the following orders, namely:— orders by commission after inquiry into agreements or abuse of dominant position(b) impose such penalty, as it may deem fit which shall be not more than ten per cent, of the average of the turnover for the last three preceding financial years, upon each of such person or enterprises which are parties to such agreements or abuse:provided that in case any agreement referred to in section 3 has been entered into by any cartel, the commission shall impose upon each producer, seller, distributor, trader or service provider included in that cartel, a penalty equivalent to three times of the amount of profits made out of such agreement by the cartel or ten per cent of the average of the turnover of the cartel for the last preceding three financial years, whichever is higher;(c) award compensation to parties in accordance with the provisions contained in section 34; (f) recommend to the central government for the division of an enterprise enjoying dominant position;(g) pass such other order as it may deem fit28 (1) the central government, on recommendation under clause (f) of section 27, may, notwithstanding anything contained in any other law for the time being in force, by order in writing, direct division of an enterprise enjoying dominant position to ensure that such enterprise does not abuse its dominant positiondivision of enterprise enjoying dominant position(2) in particular, and without prejudice to the generality of the foregoing powers, the order referred to in sub-section (1) may provide for all or any of the following matters, namely:— (d) the payment of compensation to any person who suffered any loss due to dominant position of such enterprise; procedure for investigation of combinations29 (1) where the commission is of the opinion that a combination is likely to cause, or has caused an appreciable adverse effect on competition within the relevant market in india, it shall issue a notice to show cause to the parties to combination calling upon them to respond within thirty days of the receipt of the notice, as to why investigation in respect of such combination should not be conducted(2) the commission, if it is prima facie of the opinion that the combination has, or is likely to have, an appreciable adverse effect on competition, it shall, within seven working days from the date of receipt of the response of the parties to the combination, direct the parties to the said combination to publish details of the combination within ten working days of such direction, in such manner, as it thinks appropriate, for bringing the combination to the knowledge or information of the public and persons affected or likely to be affected by such combination30 where any person or enterprise has given a notice under sub-section (2) of section6, the commission shall inquire—(a) whether the disclosure made in the notice is correct;inquiry into disclosures under subsection (2) of section 6(b) whether the combination has, or is likely to have, an appreciable adverse effect on competition31 (1) orders of commission on certain combinations(11) if the commission does not, on the expiry of a period of ninety working days from the date of publication referred to in sub-section (2) of section 29, pass an order or issue direction in accordance with the provision of sub-section (1) or sub-section (2) or subsection (7), the combination shall be deemed to have been approved by the commissionexplanation—for the purposes of determining the period of ninety working days specified in this sub-section, the period of thirty working days specified in sub-section (6)and a further period of thirty working days specified in sub-section (8) shal be excludedacts taking place outside india but having an effect on competition in india32 the commission shall, notwithstanding that,—(a) an agreement referred to in section 3 has been entered into outside india;or(b) any party to such agreement is outside india; or (c) any enterprise abusing the dominant position is outside india; or(d) a combination has taken place outside india; or (e) any party to combination is outside india; or (f) any other matter or practice or action arising out of such agreement or dominant position or combination is outside india, have power to inquire into such agreement or abuse of dominant position or combination if such agreement or dominant position or combination has, or is likely to have, an appreciable adverse effect on competition in the relevant market in indiapower to grant interim relief33 (1) where during an inquiry before the commission, it is proved to the satisfaction of the commission, by affidavit or otherwise, that an act in contravention of sub-section (1) of section 3 or sub-section (1) of section 4 or section 6 has been committed and continues to be committed or that such act is about to be committed, the commission may, by order, grant a temporary injunction restraining any party from carrying on such act until the conclusion of such inquiry or until further orders, without giving notice to the opposite party, where it deems it necessary(2) where during the inquiry before the commission it is proved to the satisfaction of the commission by affidavit or otherwise that import of any goods is likely to contravene sub-section (1) of section 3 or sub-section (1) of section 4 or section 6, it may, by order, grant a temporary injunction restraining any party from importing such goods until the conclusion of such inquiry or until further orders, without giving notice to the opposite party, where it deems it necessary and a copy of such order granting temporary injunction shall be sent to the concerned authorities(3) the provisions of rules 2a to 5 (both inclusive) of order xxxix of the first schedule to the code of civil procedure, 1908 shall, as far as may be, apply to a temporary injunction issued by the commission under this act, as they apply to temporary injunction issued by a civil court, and any reference in any such rule to a suit shall be construed as a reference to any inquiry before the commissionpower to award compensation34 (1) without prejudice to any other provisions contained in this act, any person may make an application to the commission for an order for the recovery of compensation from any enterprise for any loss or damage shown to have been suffered, by such person as a result of any contravention of the provisions of chapter ii, having been committed by such enterprise(2) the commission may, after an inquiry made into the allegations mentioned in the application made under sub-section (1), pass an order directing the enterprise to make payment to the applicant, of the amount determined by it as realisable from the enterprise as compensation for the loss or damage caused to the applicant as a result of any contravention of the provisions of chapter ii having been committed by such enterprise5 of 1908 (3) where any loss or damage referred to in sub-section (1) is caused to numerous persons having the same interest, one or more of such persons may, with the permission of the commission, make an application under that sub-section for and on behalf of, or for the benefit of, the persons so interested, and thereupon, the provisions of rule 8 of order 1 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 the application before the commission and the order of the commission thereonappearance before commission35 a complainant or defendant or the director general may either appear in personor authorise one or more chartered accountants or company secretaries or cost accountants or legal practitioners or any of his or its officers to present his or its case before the commissionexplanation—for the purposes of this section,—38 of 1949(a) "chartered accountant" means a chartered accountant as defined in clause(b) of sub-section (1) of section 2 of the chartered accountants act, 1949 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act;56 of 1980(b) "company secretary" means a company secretary as defined in clause (c) of sub-section (1) of section 2 of the company secretaries act, 1980 and who has obtained a certificate of practice under sub-section (1) of section 6 of that act;23 of 1959(c) "cost accountant" means a cost accountant as defined in clause (b) of subsection (1) of section 2 of the cost and works accountants act, 1959 and who 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 highcourt, and includes a pleader in practice5 of 1908power of commission to regulate its own procedure36 (1) the commission shall not be bound by the procedure laid down by the code of civil procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this act and of any rules made by the central government, the commission shall have powers to regulate its own procedure including the places at which they shall have their sittings, duration of oral hearings when granted, and times of its inquiry5 of 1908(2) the commission shall have, for the purposes of discharging its functions under this act, the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:—(a) summoning and enforcing the attendance of any person and examining him on oath;(b) requiring the discovery and production of documents; (c) receiving evidence on affidavits;(d) issuing commissions for the examination of witnesses or documents;1 of 1872(e) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872, requisitioning any public record or document or copy of such record or document from any office;(f) dismissing an application in default or deciding it ex parte; (g) any other matter which may be prescribed45 of 18602 of 1974(3) every proceeding before the commission 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 and the commission shall be deemed to be a civil court for the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973(4) the commission may call upon such experts, from the fields of economics, commerce, accountancy, international trade or from any other discipline as it deems necessary, to assist the commission in the conduct of any inquiry or proceeding before it(5) the commission may direct any person—(a) to produce before the director general or the registrar or an officer authorised by it, such books, accounts or other documents in the custody or under the control of such person so directed as may be specified or described in the direction, being documents relating to any trade, the examination of which may be required for the purposes of this act;(b) to furnish to the director general or the registrar or any officer authorised by it, as respects the trade or such other information as may be in his possession in relation to the trade carried on by such person, as may be required for the purposes of this act (6) if the commission is of the opinion that any agreement referred to in section 3 or abuse of dominant position referred to in section 4 or the combination referred to in section 5 has caused or is likely to cause an appreciable adverse effect on competition in the relevant market in india and it is necessary to protect, without further delay, the interests of consumers and other market participants in india, it may conduct an inquiry or adjudicate upon any matter under this act after giving a reasonable oral hearing to the parties concernedreview of orders of commission37 any person aggrieved by an order of the commission from which an appeal is allowed by this act but no appeal has been preferred, may, within thirty days from the date of the order, apply to the commission for review of its order and the commission may make such order thereon as it thinks fit:provided that the commission may entertain a review application after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from preferring the application in time:provided further that no order shall be modified or set aside without giving an opportunity of being heard to the person in whose favour the order is given and the director general where he was a party to the proceedingsexecution of orders of commission 39 every order passed by the commission under this act shall be enforced by the commission in the same manner as if it were a decree or order made by a high court or the principal civil court in a suit pending therein and it shall be lawful for the commission to send, in the event of its inability to execute it, such order to the high court or the principal civil court, as the case may be, within the local limits of whose jurisdiction,—(a) in the case of an order against a person referred to in sub-clause (iii) or subclause (vi) or sub-clause (vii) of clause (1) of section 2, the registered office or the sole or principal place of business of the person in india or where the person has also a subordinate office, that subordinate office, is situated;(b) in the case of an order against any other person, the place, where the person concerned voluntarily resides or carries on business or personally works for gain, is situated, and thereupon the court to which the order is so sent shall execute the order as if it were a decree or order sent to it for executionappeal5 of 190840 any person aggrieved by any decision or order of the commission may file an appeal to the supreme court within sixty days from the date of communication of the decision or order of the commission to him on one or more of the grounds specified in section 100 of the code of civil procedure, 1908: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:provided further that no appeal shall lie against any decision or order of the commission made with the consent of the parties chapter vi penaltiescontravention of orders of commission42 (1) without prejudice to the provisions of this act, if any person contravenes, without any reasonable ground, any order of the commission, or any condition or restriction subject to which any approval, sanction direction or exemption in relation to any matter has been accorded, given, made or granted under this act or fails to pay the penalty imposed under this act, he shall be liable to be detained in civil prison for a term which may extend to one year, unless in the meantime the commission directs his release and he shall also be liable to a penalty not exceeding rupees ten lakhs(2) the commission may, while making an order under this act, issue such directions to any person or authority, not inconsistent with this act, as it thinks necessary or desirable, for the proper implementation or execution of the order, and any person who commits breach of, or fails to comply with, any obligation imposed on him under such direction, may be ordered by the commission to be detained in civil prison for a term not exceeding one year unless in the meantime the commission directs his release and he shall also be liable to a penalty not exceeding rupees ten lakhs43 if any person fails to comply with a direction given by—(a) the commission under sub-section (5) of section 36; or(b)the director general while exercising powers referred to in subsection (2) of section 41,penalty for failure to comply with directions of commission and director generalthe commission shall impose on such person a penalty of rupees one lakh for each day during which such failure continues 45 (1) without prejudice to the provisions of section 44, if any person, who furnishes or is required to furnish under this act any particulars, documents or any information,—| penalty | for ||---------------|-------|| offences | in || relation | to || furnishing of | || information | |(a) makes any statement or furnishes any document which he knows or has reason to believe to be false in any material particular; or(b) omits to state any material fact knowing it to be material; or (c) willfully alters, suppresses or destroyes any document which is required to be furnished as aforesaid, the commission shall impose on such person a penalty which may extend to rupees ten lakhs power to impose lesser penalty 46 the commission may, if it is satisfied that any producer, seller, distributor, trader or service provider included in any cartel, which is alleged to have violated section 3, has made a full and true disclosure in respect of the alleged violations and such disclosure is vital, impose upon such producer, seller, distributor, trader or service provider a lesser penalty as it may deem fit, than leviable under this act or the rules or the regulations:provided that lesser penalty shall not be imposed by the commission in cases where proceedings for the violation of any of the provisions of this act or the rules or the regulations have been instituted or any investigation has been directed to be made under section 26 before making of such disclosure:provided further that lesser penalty shall be imposed by the commission only in respect of a producer, seller, distributor, trader or service provider included in the cartel, who first made the full, true and vital disclosures under this section:provided also that the commission may, if it satisfied that such producer, seller, distributor, trader or service provider included in the cartel had in the course of proceedings,—(a) not compiled with the condition on which the lesser penalty was imposed by the commission; or(b) had given false evidence; or (c) the disclosure made is not vital,and thereupon such producer, seller, distributor, trader or service provider may be tried for the offence with respect to which the lesser penalty was imposed and shall also be liable to the imposition of penalty to which such person has been liable, had lesser penalty not been imposed chapter vii competiton advocacycompetition advocacy49 (1) in formulating a policy on competition (including review of laws related to competition), the central government may make a reference to the commission for its opinion on possible effect of such policy on competition and on receipt of such a reference, the commission shall within sixty days of making such reference, give its opinion to the central government, which may thereafter formulate the policy as it deems fit(2) the opinion given by the commission under sub-section (1) shall not be binding upon the central government in formulating such policy(3) the commission shall take suitable measures, as may be prescribed, for the promotion of competition advocacy, creating awareness and imparting training about competition issues constitution of fund51 (1) there shall be constituted a fund to be called the "competition fund" and there shall be credited thereto— (b) the monies received as costs from parties to proceedings before the commission; (d) the interest accrued on the amounts referred to in clauses (a) to (c) 52(1) accounts and audit(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 indiaexplanation—for the removal of doubts, it is hereby declared that the orders of the commission, being matters appealable to the supreme court, shall not be subject to audit under this section restriction on disclosure of information57 no information relating to any enterprise, being an information which has been obtained by or on behalf of the commission for the purposes of this act, shall, without the previous permission in writing of the enterprise, be disclosed otherwise than in compliance with or for the purposes of this act or any other law for the time being in force45 of 186058 the chairperson and other members and the director general, additional, joint, deputy or assistant directors general and registrar and officers and other employees of the commission shall be deemed, while 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, director general, registrar, officers and other employees, etc, of commission to be public servantsprotection ofaction taken in good faith59 no suit, prosecution or other legal proceedings shall lie against the central government or commission or any officer of the central government or the chairperson or any member or the director general, additional, joint, deputy or assistant directors general or registrar or officers or other employees of the commission for anything which is in good faith done or intended to be done under this act or the rules or regulations made thereunderexclusion of jurisdiction of civil courts61 no civil court shall have jurisdiction to entertain any suit or proceeding in respect of any matter which the commission is empowered by or under this act to determine and no injunction shall be granted by a 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 63 (1) power to make rules (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the manner in which the chairperson and other members shall be selected under secion 9; (c) the financial and administrative powers which may be vested in the member administration under section 13; (e) the salary, allowances and other terms and conditions of service of the director general, additional, joint, deputy or assistant directors general or such other advisers, consultants or officers under sub-section (3) of section 16;(f) the qualifications for appointment of the director general, additional, joint, deputy or assistant directors general or such other advisers, consultants or officers under sub-section (4) of section 16;(g) the salaries and allowances and other terms and conditions of service of the registrar and officers and other employees payable, and the number of such officers and employees under sub-section (2) of section 17;(h) for securing any case or matter which requires to be decided by a bench composed of more than two members under sub-section (4) of section 23;(i) any other matter in respect of which the commission shall have power under clause (g) of sub-section (2) of section 36;(j) the promotion of competition advocacy, creating awareness and imparting training about competition issues under sub-section (3) of section 49; (n) the manner in which the monies transferred to the central government shall be dealt with by that government under the fourth proviso to sub-section (2) of section 66;64 (1) power to make regulations(2) in particular, and without prejudice to the generality of the foregoing provisions, such regulations may provide for all or any of the following matters, namely:— (d) the fee which may be determined under clause (a) of sub-section (1) of section 19;(e) any other matter in respect of which provision is to be, or may be, made by regulationsrepeal and saving54 of 196966 (1) the monopolies and restrictive trade practices act, 1969 is hereby repealed and the monopolies and restrictive trade practices commission established under subsection (1) of section 5 of the said act (hereinafter referred to as the repealed act) shall stand dissolved(2) on the dissolution of the monopolies and restrictive trade practices commission, the person appointed as the chairman of the monopolies and restrictive trade practices commission and every other person appointed as member and director general of investigation and registration, additional, joint, deputy or assistant directors general of investigation and registration and any officer and other employee of that commission and holding office as such immediately before such dissolution shall vacate their respective offices and such chairman and other members shall be entitled to claim compensation not exceeding three months' pay and allowances for the premature termination of term of their office or of any contract of service:provided that the director general of investigation and registration, additional, joint, deputy or assisstant directors general of investigation and registration or any officer or other employee who has been, immediately before the dissolution of the monopolies and restrictive trade practices commission appointed on deputation basis to the monopolies and restrictive trade practices commission, shall, on such dissolution, stand reverted to his parent cadre, ministry or department, as the case may be:provided further that the director general of investigation and registration, additional, joint, deputy or assistant director general of investigation and registration or any officer or other employee who has been, immediately before the dissolution of the monopolies and restrictive trade practices commission, employed on regular basis by the monopolies and restrictive trade practices commission, shall become, on and from such dissolution, the officer and employee, respectively, of the central government with the same rights and privileges as to pension, gratuity and other like matters as would have been admissible to him if the rights in relation to such monopolies and restrictive trade practices commission had not been transferred to, and vested in, the central government and shall continue to do so unless and until his employment in the central government is duly terminated or until his remuneration, terms and conditions of employment are duly altered by that government:14 of 1947provided also that notwithstanding anything contained in the industrial disputes act,1947, or in any other law for the time being in force, the transfer of the services of any director general of investigation and registration, additional, joint, deputy or assistant directors general of investigation and registration or any officer or other employee, employed in the monopolies and restrictive trade practices commission, to the central government shall not entitle such director general of investigation and registration, additional, joint, deputy or assistant directors general of investigation and registration or any officer or other employee any compensation under this act or any other law for thetime being in force and no such claim shall be entertained by any court, tribunal or other authority:provided also that where the monopolies and restrictive trade practices commission has established a provident fund, superannuation, welfare or other fund for the benefit of the director general of investigation and registration, additional, joint, deputy or assistant directors general of investigation and registration or the officers and other employees employed in the monopolies and restrictive trade practices commission, the monies relatable to the officers and other employee whose services have been transferred by or under this act to the central government shall, out of the monies standing, on the dissolution of the monopolies and restrictive trade practices commission to the credit of such provident fund, superannuation, welfare or other fund, stand transferred to, and vest in, the central government and such monies which stand so transferred shall be dealt with by the said government in such manner as may be prescribed(3) all cases pertaining to monopolistic trade practices or restrictive trade practices pending before the monopolies and restrictive trade practices commission on or before the commencement of this act, including such cases, in which any unfair trade practice has also been alleged, shall, on such commencement, stand transferred to the competition commission of india and shall be adjudicated by that commission in accordance with the provisions of the repealed act as if that act had not been repealed54 of 196968 of 1986(4) subject to the provisions of sub-section (3), all cases pertaining to unfair trade practices other than those referred to in clause (x) of sub-section (1) of section 36a of the monopolies and restricive trade practices act, 1969 and pending before the monopolies and restrictive trade practices commission on or before the commencement of this act shall, on such commencement, stand transferred to the national commission constituted under the consumer protection act, 1986 and the national commission shall dispose of such cases as if they were cases filed under that act:68 of 1986provided that the national commission may, if it considers appropriate, transfer any case transferred to it under this sub-section, to the concerned state commission established under section 9 of the consumer protection act, 1986 and that state commission shall dispose of such case as if it was filed under that act54 of 1969(5) all cases pertaining to unfair trade practices referred to in clause (x) of subsection (1) of section 36a of the monopolies and restrictive trade practices act, 1969 and pending before the monopolies and restrictive trade practices commission on or before the commencement of this act shall, on such commencement, stand transferred to the competition commission of india, and the competition commission of india shall dispose of such cases as if they were cases filed under that act lok sabha———— a billto amend the competition act, 2002————(shri prem chand gupta, minister of corporate affairs)

Parliament_bills

296ab2f1-f8e9-5766-a93f-e4521736b147

bill no 118 01 1185 me terrorist and dlsruptjve activit1es (prevention) bill, 1985 a hillto 17uike spec1ill provisions for the prevention of and for coping with terrorf8t and disruptt1'e adi~b and for matt~3 cormedted there with or inctdentol thereto be it enacted by parliament in the l'hlrty-sixtb year of &be republic gf india as follows:- part 1 - paellmina\{y5 1 (1) this act idjy be cafied the terrorist and disruptive activities (prevention) aci, 191(5 - (2) it extends to the whole of india, and it ·applies al!fo-(0) to citizens of india outside india: 10 (b) to personc; in the service of the government, wherever ·they may be; and short title extent, applica_ lion, commence ment duration and savin,s (e) to persons on ships and aircraft registered in inclia wherever tbey may be: provided that ~o much of this act as relates to terrorist acts shall not apply to the state of jammu :lnd kashmir '5 (3) it shall come into forqc on such date as the central govol1ddoll1' may, by notjfication in the official gazctjte, appoint and shall remain in force for a period of two years from the date of its oommencement, but its expiry under the opera riod of this stjbsection shall not aff~ 20 (a) the provious operation of, or anything dujy done or suffered under, thi'l act or any rule mede thereunder "'r any order made under any such rule,or (b) any risht, privilege, obligation or liability acquired, accrued or incurred under itibis act or any rule made thereunder or any order made under any such ~, or , (c) any penalty, forfeiture or punisbinent incurred in respect of any offence under this act or any contravention of any rule made under this 5 act or of any order made under any suoh rule, or (d) any investigation, jegalproceeding or remedy in respect of any such right, privilege, obligation, liability penalty, forfeiture or punishment as aforesaid, and any such· investigation,' legal proceeding' or 'remedy may be' instituted, con- 10 tinued or enfon:ed and any such penalty, forleitllre or punishment may be imposed as if this act bad not! expired z (1) in this act, unless the context otherwise requires,-de8di dons (a) '~" means the code of criminal procedure, 1973; 20f 1974 (b) "designated court" means a designated court constituted under '5 section 7; (c) "dismptive activity' has the meaning assigned to it 'in sectiion 4, and the expression "disruptionist" shall be 't'ioll'itrued a~ingly; " , " (d) "h~b court"', in relation to a designated court, means the high i court wihin the- territorial limits of whose jurisdiction such designated court '~o is proposed to be, or is, com1ituted; (e) , public prosecutor" means a public prosecutor or an additional public prosocutor or a special public prosecutor appointed under section ii, ' ,and includes any person acting ullder the directions of the, public ~tor; - j •• - (f> ''terrorist act" has the meaning assigned to i~ in sub-section (j) 25 of section 3 and the expression "terrorist" shall· be- construed accordingly: ' (g) words iu1:d expressions used but not defined: in this aot and ddlned in the code- shaii have the meanings respectively assigned to them in the code - ' (2) any reference in tbls act to any enactment or any provision thereof 30 shall, in relation to an area in which such enactment or such provision is not in foroe, be construed as a referem:e to the corre~ponding law or the relevant provision of the corresp0nd4ng 1~, if any, in force in that area part it punishments for, and measures for coping with, terrorist and disruptive activities3 (1) whoever with intent to overawe the government as by law established ,or to strike tettqr, in the people or any section of the people or to alienate any section cf the people or to adversely affect the ~ny 8ipoogst plujiibment for ten'orist acta ~ffercdt &eeu0d5 of the people does any act or thing by using bombs, 40 dynajdite or ~e"plosive substances or inf1emmable substances or fire-arms ,)(" other lethal weap<ln!l or poisons or noxious gases or other chemicals or any , ' other substances (whether biological or otherwi'se) of a hazardous na~ in such am,nnoras to cause, or as is likely to cause, death of, 'or injuries to, any penon pr ,~ or damage to ,or destruction of, property 'or ~ of any supplies 45 or sorvices ~1l1 fo the nfe of the community, commits a·terrorist act (2) whoever commits a terrorist act sball,- (;) if sudt act has resulted in the deadl of any penon, be punisfwble with deatil; , (il) in any other case, be puwsbable with'imprisonment for a term 5 which shall not be lessilianfive yean but which may extend to term of life and sba1i also be liable to fine (3) whoevor coosp:res or attempts to commit, or advocates, abets, advises or ;ncites or knowingly facllitll;tes the commission of, a terrorist ,act arany ect pre-pi'j'atory to ,a terrorist act, shall be punibhable with ~sonment for a term which 10 shalnot be less than three ye;ars but whioh may exrend to term of life and shall nisobe liable to fine punishment for diarup, tive activitioi 4~ (i) whoever commits or conspires or attempts to commit or abets, advorates, advises, incites 'if knowingly facilitates the commission of, any disruptive activity or any act preparatory to a disruptive activity shall be puriisbable wijth 15 imprisonment for a tern? which shall not be less than three yew's but which may extend to term of life and shell also be hable to fine (2) for the purposes of mb-section (1), "disruptive activity" means any action taken, whether by act or by speech or song or ballad or verse or words or by any book,pamphlet, paper, writing, record, tape video c8s1ctte, drawing, 20 painting, representation or in any other mann~ wbatsoever,- (i) which questions, disrupts or is intended to disrupt, whether directly or indireotly, the sovereignty and territoria:1 integrity af india; or (ii) which is interuted to bring about or suppotts any claim, wbetjlet directly or indiret11y, for the cession of any part of india or the secession of any part of india from the union el1planation-for the pmposes of this sub-5ection,-(a) "oession" includes d1e adn;lissiod of ilny claim of any foreign country to any part of india, and (b) "secession" iooludes tjbe assertion c:-f any claim to determine whether a paitof india will remain within the union 30 (3) willhout prejudice to itihe generality of the provisions of sub-section (2), it v: hereby declared that any action taken, ~hether by act or by speech or song or ballad or vel1'c or words or by any book, pamphlet, paper, writing, record, tape videocassett'e, drawing, painting, representation or in any other manner s5vhetsoe~ which- < (a) advocates, advises, suggests or incites; or (b) predicts, pcophesies or pronounces or otherwise expresses, in such mannec as to inc!te, advise, suggest or prompt, the killing or 1ihe destruction of any, persons bound by oath under the conititutiod to unhold thesevetcignty and integrity of india ot any j!liblic servants shall be ·40 deemed to ~e a jisruptive activi,ty within the ~ing of 'this section ' s (l) the central government m~, by notuication in tf1e 01ficia1 oazdtc, power 10 make such rules as appear to i~ neocssary or expedient for the prevention of, make and fo[' coping with, terrorist acts and ~ve activities l'uici (2) without prejudice to the aencrality of thepowm ooufaortd by subsection (1), 1iberulcs may provide for, and may empower any authority to make orden provididl tor il'll or aay of the following matters with· mipect to the puc-~mentioned in ·that sub-section, i1'ilmely:-(0) proventing or probibjling anything likely to fadlitatje 1he oommission 5 of terrorist aots 01 disruptive edivities or prejudice thosucoenlul conduct of operations ag:lin<;t terrorists or disruptjoniets inciuding-(i) coij¥l}ufliqa~·wirh persons (whether wjulio or outside india) idstipting or abeuina terrorist a£:ts or dilnptiyc aotiwios or iliitisudg i,n aay manner terrorist& or disruptionists; 10 (ii) acquisition, possession or publication, without lawful authority or excuse of infonnatjion likely to as~lst terrorists or disruptioni&ts; <iii) ~ or any ilbii1jtance, whether financial or otherwise, 10 leltorist& or disruptionittli; (b) preventing, with a· view to coping with terror~st, ~cts or 15 ' dibruptlve activities, the spreed without lawful authority or ex-wio, ex reports or 1he ,prosecution of ,any purpose likely to cause c:usaffection or alarm or to prejudice maintenance of peaceful conditions in any area or part of india or to promote feelings of ill-will, enmity or hatred between diilerent ~ of the peope of india; 20 (c) l'cgulating the conduct of persons in respect of areas the control of whkh is considered necessary or expedient and the removal of such persons from such areas; (<:i) requiring ~~y pel'ljon or class of persons to comply with any scheme for the prevention of, or for' coping with, terr01ist acts or:25 disruptive activities; (e) ensuring the safety of persons and property; (f) the demolition, destruction or rendering useless, in case of necessity, of ary building or othe'r premises or anr "ther property; (r) prt'ihibitir~ or regulatjng in any area traffic and the use of any 30' vehicles or ve"" 15 orsignajs or any apperatus whatsoever; (h), the control of movements within india of persons atriving in india from gutside india; (i) prohibiting or regulating the use of postal telcaraphic ex tej phonic ~rviccs" ind~ng t~ing possession of such services, and 35 the delaymg, ,selzing mtercepting or interrupting of po:itnl articles or telegraphic ")r telephonic messages; (j) regulating the delivery, otherwise than by poatal or telegraphic service, of, postal articles and t~egrams; (k) regulatht~ supplies and ·servioes essential to the life of the 40 community; (i) tao ~uiiit4odlng otservicec of ~ for maintaining suppueliabd st'!"vl<'es enential to the life of the community; , (m) the provllllon, constructi<?n, maintenance or alteration of buildings, premises or' other structur or excavations required for the conduct of operations against terrorists or disruptioijists; 5 (n) prohj biting or reguiating the possession, use or disposal of-- (i) explosives, in1lammable substances, correstve and dangerous articles, arms and ammunitions; (ii) v~hicles- and vessels; , (iii) wireless telegraphic apparatus; 10 (iv) photographic and signalling apparatus, of any means of recording l't communicating information; (n) pleventing the disclosure of official' secrets; (p) prohibiting or regulating meetings, assemblies, fairs and processions ; 15 (q) pj'("veuth'g or controlling any use of uniforms, ;hether official or otherwise, flags, official decorations like 'medal~ badges and other insignia and anything similar thereto, where such use is cal, culated tt) deceive; (r) ensuring the accuracy of any report or declal'lltion legally 20 required of any person; (8) preventing anything likely to cause mtsapprehenslon jn respect of the identity of any official person,oflicial docum:ent or 'official property or in respect of, the identity of any person,' document or property purported' to be or resembling an official person, official document or official property; (t) the entry into, and search of, any place whatsoever reasonabjy suspe<'ted of being used for harbouring terrorists or cfisrup- tionists or for manufacturing or storing anything for use for' purpose of terrorist acts or disruptive activities 30 (3) the rules made under sub:section (1) may ,further-(a) provide for the arrest and trial of persons contravening any of the rules or any order issued thereunder; (b) provide that any «)otraveotion of, or any attempt to contravene, or any abetment of or eny attempt to abet the contravention of any ex the 35 proyirions of the rules or any orc:ler issued under any suchprovisioo; silali be punishable with imprisonment for atenn wh~h ~y extend to seven years or for a tenn which may not be less than six months but whicb may extend to seven years or with fine or willi imprisonment' as aforesaid and fine; (c) provide for the seizure, detention and forfeiture of any property in respect of whieh aoh ~ attempt or abetment as is cefcr:red to in clause (b) bas been comnbued and for the adjudication of such aei&urc' and forfeiture, whether by any court or by any other authority; (d) confer powers and impose duties as respects aj1jmatter upon the central g<mrnment or officers and a(jtborttiea of the central· govenrmeat or upou anv state government or officers and authoriti~ of the state government;' (e) ~be the duties and pbwers of public servants and other per- 5 sods as regarcjs prevcdting the codtraveation of, ~ securing the observance of, the ruies or any order made thereunder; , (i) provide for ,preventing contravention, obstroction and deception of, add <ijsobedience to, any person acring, and interference with any notice issued, in pursuance of the rules or any omer made thereunder; 10 (g) prohibit attempts by any penon to screen from puni&hmedtany one, other th:tn the husband or wife of such person, coil'invening any of the rules or any order made 1bereunder; (h) empower or direct any authority to1bke such action 'as may be' specified in the rules or as may seem ~o such authority necessary fot the pur- 15 pose of ensuring ~e safety of persons and of property , 6 (1) if any person contravenes, in any area nodfied in this behalf by a state government, any such provision of, or any such rule made under, the arms act, 1959, the explosives act, 1884, the 'explosive substances act, 1908, or the inftam: s4 of 1959 mabie substances act, 1952, as may be notified in this behalf by ,the centrm 4 of 104 governmedt or by g state goverdmedt, be shab, notwithstanding anything con- 20 5 of 1908 taincd in any ~ the aforesaid acts or the rules made tbereundcr, be punishab1e 20 of 1952, with imprijonment for a term which may extend to tea yean or, if his intention is to aid any 1emxi\t or disrupti~ with death or imprisot:uedt for' a term which 'shall dot -be less thm three years but wbkb may extend to term of life, and shall 25 also ,be liable !o fine (2) for jte purposes of this section, any perscn who attempts to codt:ravene or abets, or attempts to abet, or does any act preparatory to the contravention of ,jl11y~on of any law, rule oronler shaube deemed to have cootravened that pr~ part iii designated courts7 (1) the state govenuneat may for the whole or any part of the state iiconstitute one or more designated courts (2) a designated co~ shall be presided over by judge to' be 35 ,appointed by the state govemmeht with the eodeurrene~ of the chief j1istiee of the mp !com1' (3) 'l'b8 state govemment may also appoint, with the e~eurreilee of the cuef· justice of the bia'h court, addition! judges to exercise jurisdietiod in a designated court: , (4) a person shall not be quatifted for appeintmeat as a judge or an 49 '8dditloaal judge of a desipated court unte he is, jmmediately before 'sikh appointment, a ilebsiods judp or an aaduional ,jobi ju4lpi~ any state (5) for the removal of doulns, itb ~ provtclecl ftiat the attaid ~nt by a persoii appointed ,a judge or an additional judge of a dee!g-dated court ·of the age 01 superannuation under the rules applicable to ilia in the service to which he belongs, shad dot affect his continuance s 8ssucb' judpol' additional judee (6) where' aily additional judge' or additionai judges i!l or are appointed in a desirnated court, the judge of the designated court may, from time to tbne, by pneral or special order, in wrlting, provide for the dis tribution of business of the designated court among himsel{ud the 10 additional judge or additional ~udges and also for the disposal of urgent business in the event of his absence or the absence of any additional ju~e 8 a designated court may, if it considers it expedient or desirable so to do, place of sitting sit for any of its prooeediogs at any place, ot-her than the ordinary phce ot its ,15 sitting, in the state in which it is constituted: provided that if the public prosecutor certifies to :the i)esignated court that it is in ·his opinion necessary for the protection of the accused or any witness or ~herwise expedient in the interests of jusllice that the whole or any part of the trial should be held at some place other than theordinal1y place r4 its sitting, the 20 designa~ court may, after hearing the accused make an order to that effect unless, for reasons to be recorded in writing, the designated court thinks fit to make any other order 9 (1) notwithstanding anythlngcontained in the code, every ,offence punishable under any provision of this act or any rule made jurisdiction of desienated courts 25 thereunder shall be triable only by the designated court within whose local jurisdiction it was committed (2) the centra,l government may, if satisfied on the recommendation of the state government or otherwise that it is necessary or expedient in the public interest so to do, transfer with the concurrence of the chief 30 justice of india (such concurrence to be obtained on a motion moved in that behelf by the attomey-general of i~dia) any case pending befort" a designated court in that state to a designated court in any other state (3) where the whole or any part of the area within the local limits of the jurisdiction of a l)esjgnated court has been declared to»e, or 35 forms part of, any area which· has been declared to be a dist~'bed area under any enactment for the ti~ being in force making ,provision for the suppr~ion of disorder and restoration and mainterylculce of public order, and the central government is of opinion whetd~r on receipt of a report received from the government of the state in~hich such court 40 is located or otherwise, that the situation prevailing in the state is not conducive to fair, impartial or speedy trial within the state, of offence's under this act or the rules made thereunder which such court is compatent to try, the central government m~y, with the concurrence of the chief justice of india, specify, by nowlcation in the oftlclal guette, in relation to such court (hereafter in this aub-8ection refenoed to ash local court) a designated court outside the state (hereafter in thib section referred to 1m the specified court), and tbereupon-5 (a) it shall not be competent, at ~y time during the t¥iod of operation of such notification, for such local court, to exercise any' jurisdiction jn respect of, or try, any offence under this act or the rules thereunder; , , ,10 (b) the jurisdiction' which would have been_ but for the issue of such notification,' exercisable by such local c'ourt in respect ot such offences conunitted during the period of operation of such notification shall be exercisable by' the specified court; , (e) all cases relating to such offences pending immediately before the date of issue of such notification before such local court 15 shall stand transferred on that date to the pecified court; (d) all cues taken cognizance of by or transferred to, the specified court under clause (b) or clause (c) shall be dealt with and tried in accordance' with this act (wh~er during the period 20 of operation of such notification or thereafter) as if such oft'ences had been committed within the local limits of the jurisdiction of the specified court or, as the case may be, transferred for trial to it 'under sub-section (2) erplcmation-a notification islmed under this section in relation to , any local court shall cease to operate on the date on' which the "thole 25 or, as the case may be; the aforementioned 'part of the area within tlie local limits of its jurisdiction, ceases to be a disturbed area 10 (1) when trymg any offellc;!1i d~signaled court may i1lso try any 'ither offence witi'! which the accused may under the code be cha'rged at the - ' 30 same trial of the nt'fclice is connected with such other offence (2) if, in the col'lse of any trial under this act of any offence, it is found l!bat tbe accused pcrsofl h::~ committed any other offence' under this act or any rule power of designated courts with respect to other offences " thereunder or under any other i'aw the desipated court may convict such person ~ ,'1' other offence rnd ,pass any ~ence authoriled by this act or such rule e8 35 ) 'l'iiase dlay he !lluich other law, fontre punishment" thereof 'et~ every de~ated court, the state government shad ap-public proaecutors _, _:~o be the public prosecutor and may ~t one 01' mere e additional public prosecutor lor additional public 40 provided that he state government may also poidt few any cue or elass of eases a s~cial pub,ic ~oseeutor \ (~,a("ptiinod; 1i> be'eltpble to be a ointed· as a public prosecuter or ad addjt~l public prosecutor er a special public prosecutor under thill section only if he has been in practice as an advocate for not less than ljevell years or·has held any, post, for 'a period 0( not less than seven 5 years, udder the uu:on or ii state, requiring special kn9w1edge of law (3) every person appointed as a public prosecutor or an additional puhue ptds8etlt~r or, a special public prosecutor under this scetion shall be d~ tb be a 'pidllic 'pre!jecutor within the meaning of clause (u) of ii!ittigilz ef the code, and the provisions of the code shall have effed 10 aeeordingly 12r (1) a designated court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence or upon a poj,ice report of such facts procedure and powers of designated courts 15 (2) , where an offence 'triable by a designated court is punishable with imprisonment for a term not exceeding three years, or with fine or with botk, the d&signated court may, notwithstanding anything contained in sub-section (1) of section 260 or section 262 of the code, try the tlffence in a summary way in accordance with the procedure prescribed in the 20 code and the provisions of sections 263 to 265 of the code shall, so far gs may be, apply to such trial: provided that when in the course of a summary trial under this subsection, it appears to the designated court that the nature of the case is such that 'it is undesirable to try it in a summary way, the designated 25 court shall recall any witnesses who may have been examined and pmceed to re-heat: the cl;lse in the manner proyided bv the provisions of tlie code for the trial of such offence and the said provisions shall applv to and in relation to a designated court as they apply to and in relation u: a magistrate: go provided further that in the case of any conviction in a summary trial under this section, it shal~ be lawful for a designated court to pass a sentence of imprisonment for a term not exceeding two years (3) a designated court may with a view to obtaining the evidence of any person supposed to have been directly or in-directly concerned in, or privy to, an offence, tender a pardon to such person on condition of 35 his making a full and true disclosure of the-whole circumstances within his knowledge relative to the offence and to every other persbn con~ c~rned· whether as principal or abettor in the commission thereof, and any pardon 'so tendered shall, for the purposes of section 308 of the code, be deemed to have been tendered under s~ction 307 thereof ~ , (4) subject to the other provisions of this act, -a designated coutt fball, for the purp~ of trial of ,any offence, have gill the powers of a court of session and shall try such offen~e as if it were a court of spssion so far as may be in accordance with the procedure prescribed in the code 45 for the trial before a court ~ session; (5) subject to the other provisions of this act, every case trapsferred to a designated court under sub-section (2) of section 9 shall be dealt with as if such case had been transferred under section 406 of the code to such designated court 13 (1) notwithstanding anything contained in the code, all proceedings before a designated court shall be conducted in camera: protection of witnessos provided that where the public prosecutor so applies, any proceedings or part thereof may be held in open court (2) a designated court may, on an application made by a witness in 5 any proceedings before it or by the public prosecutor in relation to such witness or on its own motion, take such measures as it deems fit for keeping the identity and address of the witness secret (3) tn particular and without prejudice to the generality of the provisions of sub-section (2), the measures which a designated court 10 may take under that sub-section may include-(a) the holding of the proceedings nt n protected place; (b) the avoiding of the mention of the names and addresses of the witnesses in its orders or judgments or in nny records of the case accessible to public; 15 (c) the issuing of any directions for securing that the identity and addresses of the witnesses are not disclosed (4) any person who contravenes any direction issued under subsection (3) shall be punishable with imprisonment for a term which may extend to one year and with fine which may extend to one thousand :lo rupees trial by de9anawd 14 the trial under this act of any offence by a designated court shall have precedence over the trial of any other case against the accused in any other court (not being a designated court) and shall be concluded in preference to the trial of such other case and accordingly the trial li5 of such other case shall remain in abeyance ~urta to uve preeedence 15 where after taking cognizance of any offence, a designated court is of opinion that the offence is not triable by it it shall notwithstand-power to transfer cues to re,u-jar courts in~ that it has no jurisdiction to try such offence transfer the case for trial of such offence to any court having jurisdiction 30 under the cod-e and the court to which the case is transferrea may pr eed with the trial of the offence as if it had taken cognizance of tlie o:fence appeal 16 (1) notwithstanding anything contained in the code, an appeal shall lie as a matter of right from any' judgment, sentence or order, not 85 being an interlocutory order, of a designated court to the s'upreme court both on facts and on law i (2) except as aforesaid, no appeal or revision shall lie to anv court from any judgment, sentence or order of a designated court (3) every appeal under this section sh~ll be preferred within a 40 period of thirty days from the, date of the judgm~nt sentp,n~e or order appealed frqm: ' , ", provided that the supreme court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellart had sufficient cause for not preferring the appeal within the period of thirty days 5 part iv miscellaneous17 (1) notwithstanding anything contained in the code or any other law, every offence punishable under this act or any rule made thereunder shall be deemed to be a cognizable offence within the meaning 10 of clause (c) of section 2 of the code and "cognizable case" as defined in that clause shall be construed accordingly modified application of certain provisions of the code (2) section 167 of the code shall apply in relation to a case involving an offence punishable under this act or any rule made thereunder subject to the modifications that-(a) the reference in sub-section (1) thereof to "judicial magistrate" shall be construed as a reference to "judicial magistrate or executive magistrate"; 20 (b) the references in sub-section (2) thereof to "fifteen days", "ninety days" and "sixty days", wherever they occur, shall be construed as references to "sixty days", "one year" and "one year", respectively; and (c) sub-section (2a) thereof shall be deemea to have been" omitted (3) sections 366 to 371 and section 392 of the code shall appjy in 25 relation to a case involving an offence triable by a designated court subject to the modifications that the references to "court of session" and "high court", wherever occurring therein, shall be construed as references to "designated court" and "supreme court", respectively (4) nothing in section 438 of the code shall apply in relation to any 30 case involving the arrest of any person on an accusation 0i having committed an offence punishable under this act or any rule made thereunder (5) notwithstanding anything contained in the code, no person accused of an offence punishable under this act or any rule made therc-35 under shall, if in custody', be released on bail or on his own bond unless-(4) the public prosecutor has been given an opportunity to oppose the application for such release, and (b) where the public prosecutor opposes the application, the 40 court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to cqmmit any offence while on bail (6) the limitations on granting 'of bail specified ·tn sub-section (5) are in addition to the limitations under the code or any other law for the 45 time being in force on granting of bail 18 (1) any power exercisable by a state govejl!udelnt uncler this act may be exefcised by the central government wlul the uju' elect as if such powe,r had heen 'conferred curectly on the ceatfal govemdl8dt and had been delegated by that government to such state government (2) the central government 'rpay, qy notification in the oftkial 5 gazette, direct that any power or duty which by this act or by any rule made under this act is conferred or imposed on the central government shall, in such circumstances and under s\1ch conditions, if any, as may be 'specified in the direction, be exercised or discharged also-competence or central government to exercise powers of state government and dele gation of powers (a) by any ofj\cer or authority subordinate to the central 10 govemment, 0,1' (b) by any state government or by any officer or a\1thority subordinate to the state government, or (c) iby any other authority (3) the state government may, by notification in the oftlejal 15 gazette, direct that any power which by this act or by any il"ule made under ihis act is conferred or imposed on the state government or which being by this act or any such rule conferred or imposed on the central government has been directed underlu~tion (2) to be exercised or discharged by the state government shall, in such cil'c\lldltanelea and 20 under such conditions, if any, as may be specified in the directlort, be exercised or discharged by any officer or authority subofdinate to the state government 19 the supreme court may, by notificl\tion in the ~ g , make such rules, if any, as it may deem n~ssary for carrying out tlae 15 provisions of this act relating to designated courts power of the supreme court to make rules saving 20 (1) nothing in this act shall affect the jurisdiction ex cfsule by, or the procedure applicable to, any' court or other autbarity u1i¥ier any law relating to the naval, military or air forces or other armed forces of the union 30 rules to be laid before houses of parliament (2) for the removal of doubts, it is hereby declared that fol' the 1»11'-poses of any such law as is referred to in subsection (1), a desllnw court shall be deemed to be a court of ordinary criminal j1ljtfce - 21 every rule made by the central government under this act shall be laid, as soon as may be after it is made, before each ho1188 of 'parlia-ment, while it is in session, for a total peried ·of thirty days whiehmay 35 be comprised in one session or in two or m~ &uccesslve aessioas and if, before the' expiry of the session immediately following tjae or the successive sessions aforesaid, both houses agree in makine iul1 modifk\ltion in the rule or both houses agree that the ruleahou;lci· not 'be 40 made, the rule shall thereafter have effect only in such modifted tqrm or be of no effect, as the case may be; so, however, that any suc~ jdodification or annulment shall be without prejudice to the validity of anything previously done under that rule --~ overridill, effect u the provisions of this act or any rule made thereunder or any order made under any such rule shall have effect notwithstandfng anything inconsistent therewith contained in any enactment oth~ than this act or in any instrument having effect by virtue of any enactment other 5 than ithis act savin, as to orders 1 of 18'12 &3 where an order purports to have been made andaign«l by any authority in ejcerdse of any power confc\tred by or ~ this act, a couftljbau, w~ihintbe zneauing of the indian e~ded<le act 1872, pre8\1im! that swlb order was so made by tbat authority protection of action tak~ under the act 10 ~ no suit, prosecution or other legal proceeding shall li& against the central government or a state government or any oftlcer or authority ot the central government or state government or any other authority to whom powers have been deleiated under this act for anything which is in good faith 40ne or intended to be done dn pursuance of this act at' 15 any rules made thereunder or any order issued under any such ~le statement of objects and reasonsterrorists had been indulging in wanton killings, arson, looting of properties and other heinous crimes mostly in punjab and chandigarh since the 10th may, 1985, the terrorists have expanded their activities to other parts of the country, ie, delhi, haryana, uttar pradesh and rajasthan as a result of which several innocent lives have been lost and many suffered serious injuries in planting of explosive devices in trains, buses and public places, the object to terrorise, to create fear and panic in the minds of citizens and to disrupt communal peace and harmony is clearly discernible thi~ is a new and overt phase of terrorism whic:h requires to be taken serious note of and dealt with effectively and expeditiously the alanning increase in chsruptive activities is also a matter of serious concern 2 the bill seeks to make provision for combating the menace of terrorists and disruptionists it seeks, inter alia, to-(a) provide for deterrent punishments for terrorist acts and disruptive activities; (b) confer on the central government adequate powers to make such rules as may be necessary or expedient for the prevention of, and for coping with, terrorist acts and disruptive activities; and (c) provide for the constitution of designated courts for the speedy and expeditious trial of offerees under the proposed legislation 3 the bill seeks to achieve the above objects a k sen new delhi; the 17th may, 1985 clause 7 of the bill provjdes for the constitution of designated courts by the state governments and also for the appointments of the rudges and additional judges of those courts clause 11 of the bill provides for the appointments of the public prosecutors, additional public prosecutors and special public prosecutors by the state governments 2 the expenditures towards setting up of the designated courts and towards salaries and allowances of the judges, public prosecutors and staff will be defrayed out of the consolidated funds of the states the ex'penditure towards setting up of the designated courts in the union territories will be defrayed out of the consolidated fund of india the likely expenditure for each designated court and on the salaries and allowances of the judges, public prosecutors, additional public prosecutors, staff, etc, over a period of six months is expected to be about rupees 357 lakhs, out of which rupees 172 lakhs will be of a recurring nature and rupees 185 lakhs of a non-recurring nature as it is not possible at this stage to visualise the number of such courts that may have to be established, it is not possible to gjve an estimate of the actual expenditure that may have to be incurred in this behalf clause 5 of the bill seeks to empower the central government to make such rules as appear to it necessary or expedient for the prevention of and for coping with terrorist and disruptive activities the particular matters in respect of which such rules may be made have been specified in sub-clause (2) of the clause the rule making power under the clause is of sufficient amplitude to enable the central government to provide for stringent punishment within the limits s'pecifit!d in subclause (3) of clause 5 for contraventions of the rules and for other matters connected with such contraventions the situations which arise as a result of terrorist and disruptive activities are of a very grave nature further, it is not possible to visualise the various types of situations which terrorists and disruptionists may create 2 sub-clause (2) of clause 18 of the bill provides for the delegation by the central government of its powers and duties under the legislation to officers and the authorities subordinate to the central government and to state governments and officers or authorities subordinate to state governments as also to other authorities sub-clause (3) of clause 18 seeks to confer power on a state government to delegate the powers cqnferred on it by the legislation to its officers and authorities the sub-clause also provides for sub-delegation by a state government to its officers and authorities of the powers delegated to it by the central government provisions for delegation and sub-delegation on the lines provided in sub-clause (2) of clause 18 are necessary for securing effective administration of the legislation 3 clause 19 of the bill s':!eks to empower the supreme court to frame such rules, if any, as it may deem necessary for carrying out the purposes of the bill relating to designated courts the matters in respect of which the supreme court can make rules would relate to matters of detail or procedure the power is sought to be conferred on the supreme court to enable it to provide for contingencies which it is not practicable to visualise and thereby secure the effective functioning of the designated court 4 in the context of the circumstances as explained above, the delegation of legislative pnwer involved is of a normal character a billto make special provlsions for the prevention of, ao,d for coping with, terrorist and disruptive activities and for mattera connected therewith or incidental thereto

Parliament_bills

c1a15694-ebd8-56cb-bab0-df6d29a9d7f3

bill no 145 of 2019 the public premises (eviction of unauthorised occupants) amendment bill, 2019 a billfurther to amend the public premises (eviction of unauthorised occupants) act, 1971be it enacted by parliament in the seventieth year of the republic of india as follows:—short title and commencement1 (1) this act may be called the public premises (eviction of unauthorised occupants)amendment act, 20195(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint40 of 1971amendment of section 22 in the public premises (eviction of unauthorised occupants) act, 1971 (hereinafterreferred to as the principal act), in section 2, clause (fa) and clause (fb) shall be renumberedas clause (fb) and (fc) respectively, and before clause (fb) as so renumbered, the following clause shall be inserted, namely:—10 15'(fa) "residential accommodation occupation" in relation to any public premisesmeans occupation by any person on grant of licence to him to occupy such premises on the basis of an order of allotment for a fixed tenure or for a period he holds office, in accordance with the rules and instructions issued in this regard, made under the authority of the central government, a state government, a union territory administration or a statutory authority, as the case may be;'3 in the principal act, after section 3a, the following section shall be inserted, namely:—insertion of new section 3beviction from residential accommodation5"3b (1) notwithstanding anything contained in section 4 or section 5, if the estate officer has information that any person, who was granted residential accommodation occupation, is in unauthorised occupation of the said residential accommodation, he shall—(a) forthwith issue notice in writing calling upon such person to show cause within a period of three working days why an order of eviction should not be made;10(b) cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the said residential accommodation, and in such other manner as may be prescribed, whereupon the notice shall be deemed to have been served upon such person15(2) the estate officer shall, after considering the cause, if any, shown by the person on whom the notice is served under sub-section (1) and after making such inquiry as it deems expedient in the circumstances of the case, for reasons to be recorded in writing, make an order of eviction of such person20(3) if the person in unauthorised occupation refuses or fails to comply with the order of eviction referred to in sub-section (2), the estate officer may evict such person from the residential accommodation and take possession thereof and may, for that purpose, use such force as may be necessary"amendment of section 74 in section 7 of the principal act, after sub-section (3), the following sub-section shall be inserted, namely:—25"(3a) if the person in unauthorised occupation of residential accommodation challenges the eviction order passed by the estate officer under sub-section (2) of section 3b in any court, he shall pay damages for every month for the residential accommodation held by him" statement of objects and reasonsthe public premises (eviction of unauthorised occupants) act, 1971 (the said act), was enacted to provide for eviction of unauthorised occupants from public premises and for certain incidental matters2 government of india provides residential accommodation to its employees, members of parliament and other dignitaries while they are in service or till the term of their office on licence basis as per the existing allotment rules, after the expiry of the terms and conditions of the licence, the occupants of such residential accommodations become unauthorised for staying in such accommodation and should vacate the same the said act confers powers upon the estate officers to evict such unauthorised occupants from "public premises" in a smooth, speedy and time-bound manner under the existing provisions, the eviction proceedings of unauthorised occupants from "public premises" take around five to seven weeks time it may take around four more weeks if the unauthorised occupants file appeal under the said act however, eviction proceedings take much longer period than the timeline prescribed in the said act sometimes, it takes years to evict the unauthorised occupants3 there are provisions for summary eviction proceedings under section 3a of the said act in case of persons occupying "public premises" temporarily, that is, less than thirty days under the summary proceedings, the estate officer does not have to follow elaborate procedure prescribed, for serving notice, show cause, inquiry and hearing as per sections 4 and 5 of the act, before passing eviction order however, these summary proceedings are not applicable to the occupants of residential accommodations given on licence basis it is, therefore, proposed to apply summary eviction procedure to residential accommodation given on licence basis with a short show cause notice of three days to the unauthorised occupants by inserting new section 3b it is also proposed to define the expression "residential accommodation occupation" by amending section 24 it is often seen that the unauthorised occupants do not vacate the government accommodation on expiry of the terms and conditions of the licence as per the rules and uses dilatory tactics to withhold the accommodation, by challenging the eviction order before an appellate officer or before the high court and by obtaining stay of the eviction order in order to check this delay, it is also proposed to insert a new sub-section (3a) in section 7 of the act to the effect that if the person challenges the eviction order passed by the estate officer in any court, he has to pay the damages for every month for the residential accommodation held by him5these amendments would facilitate smooth and speedy eviction of unauthorised occupants from residential accommodations, and ensure retrieval of the residential accommodation from the unauthorised occupants without requiring elaborate procedures under sections 4 and 5 of the said act this will further increase availability of residential accommodations to new incumbents and improve the overall satisfaction level6 it may be recalled that the public premises (eviction of unauthorised occupants)amendment bill, 2017, for the aforementioned purpose, which was introduced and pending consideration and passing in the lok sabha lapsed on dissolution of the sixteenth lok sabha hence, the public premises (eviction of unauthorised occupants) amendment bill, 20197the bill seeks to achieve the above objectivesnew delhi;hardeep singh purithe 2nd july, 2019 lok sabha———— a billfurther to amend the public premises (eviction of unauthorised occupants) act, 1971————(shri hardeep singh puri, minister of housing and urban affairs)mgipmrnd—1219ls(s3)—04-07-2019 the public premises (eviction of unauthorised occupants) amendment bill, 2019 [to be/as introduced in lok sabha]1page 3, line 20,–for "of the act"read "of the said act"2page 3, line 31,–for "the act to"read "the said act to" new delhi;july 5, 2019 ______ ashadha 14, 1941 (saka)

Parliament_bills

cc8bfa33-c351-5910-8688-18ee6696c086

bill no 133 of 2010 the banana growers (protection and welfare ) bill, 2010 byshri at nana patil, mp a billto provide for protection and welfare of banana growers, payment of remunerative price to them and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-first year of the republic of india as follows:—1 (1) this act may be called the banana growers (protection and welfare) act, 2010 (2) it extends to the whole of indiashort title, extent and commencement definitions2 in this act, unless the context otherwise requires,—(a) "authority" means banana export and processing development authority established under section 8;(b) "banana grower" means any person who cultivates banana; (c) "fund" means the banana growers protection fund constituted under section 6; and(d) "prescribed" means prescribed by rules made under this act53 (1) it shall be the duty of the central government to procure the banana crop produced in the country through such agency, as it may deem fitprocurement of banana and fixation of remunerative price(2) the central government shall fix remunerative price of banana every year after taking into consideration—(i) the increase in the price of pesticides, fertilizers and other inputs;10(ii) total investment of the banana growers; and (iii) such other factors as may be prescribedexport of surplus banana4 the central government shall take all necessary steps to export the surplus banana produced during a year in the countrycompulsory insurance155 the entire banana crop produced by the banana growers shall be compulsorily insured free of cost by the central government against natural calamities, fall in the yield of banana, fall in the prices of banana and such other eventualities as may be prescribed6 (1) the central government shall set up a fund to be known as the banana growers protection fund with a view to safeguard the interests of the banana growersbanana growers protection fund20(2) the central government and the state governments shall contribute to the fund in such ratio as may be prescribedutilization of the fund7 the banana growers protection fund shall be used for the following purposes, namely:—(a) to provide financial assistance to banana growers—(i) for purchasing fine quality seeds, pesticides and fertilizers; and25(ii) in case of low yields of bananas or loss of their crops due to rains, storms, floods, hailstorms and drought; (b) to provide compensation in the event of death or accident of banana growers or labourers engaged in the production of bananas and other related work;(c) to pay life insurance premium on behalf of the banana growers; (d) to provide free health facilities to banana growers and their families; and30(e) such other purposes as may be prescribed by the central government8 (1) the central government shall, by notification, establish an authority to be known as the banana export and processing development authority for promoting the export and processing of bananaauthority(2) the head office of the authority shall be at jalgaon in the state of maharashtra35(3) the banana export and processing development authority shall consist of the following:—40(i) a chairperson, who shall be a person having knowledge and not less than fifteen years of experience in the agricultural sector, to be appointed by the central government;(ii) two members, who shall be persons having not less than fifteen years experience of research in banana processing industry, to be appointed by the central government(4) the chairperson and the members of the authority shall be appointed for a period of three years or till they attain the age of sixty-five years, whichever is earlier5(5) the salary and allowances payable to, and other terms and conditions of the service of chairperson and the members of the authority shall be such as may be prescribed by the central government(6) the central government shall provide to the authority such officers and staff as it deems necessary for the efficient functioning of the authority9 the authority shall perform the following functions:—functions of the authority10(a) disseminate information among banana growers about reasonably priced seeds, fertilizers and pesticides needed for growing bananas;(b) recommend to the central government the building of cold storages atstrategic places for the storage of bananas;(c) provide financial assistance to banana growers for availing cold storagefacility;15(d) aid and encourage research in banana processing industry and set up researchinstitutes in this regard;(e) recommend to the central government the measures for increasing banana export and for revitalizing banana processing industry20power to remove difficulty10 if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act as may appear 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 act2511 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 forceact not to be in derogation of other laws power to make rules12 (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 section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsbanana is a commercial crop it is cultivated in many states of the country the banana growers are facing problems as they are not getting remunerative price of their produce to grow their crop, they are forced to take loans the banana growers are in distress as the prices of banana crops are not increasing in proportion to those of seeds, fertilizers and pesticidesas banana is a highly perishable crop, the banana growers have to sell their produce within a short period they do not have the technology to preserve the bananas for a long duration in the absence of any cold storage facility, the banana growers are forced to sell off their produce at a throw-away prices the banana growers have to resort to distress sale as there is no institutional mechanism on the part of the government to ensure that banana growers get remunerative price of their produce as a result, the banana growers are getting trapped in debt by encouraging banana processing industry, avenues of employment generation can be ensured along with the prosperity of the banana growersgovernment should provide remunerative price and also prompt relief to banana growers in the event of natural calamities like storm, heavy rains, hailstorm and floods so that banana growers can prosper setting up of a fund for banana growers and provision of insurance scheme for them will certainly prove beneficial to them therefore, there is an urgent need to enact a law which ensures government assistance for the protection and welfare of the banana growers in the countryhence this billnew delhi;at nana patiloctober 21, 2010 financial memorandumclause 5 of the bill provides for compulsory insurance of banana crop clause 6provides for the setting up of banana growers protection fund clause 8 provides for the setting up of a banana export and processing development authority the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring annual expenditure of rupees five hundred crorea non-recurring expenditure of about rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 12 of the bill empowers the central government to make rules for carrying out the 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 protection and welfare of banana growers, payment of remunerative price to them and for matters connected therewith or incidental thereto————(shri at nana patil, mp)gmgipmrnd—4974ls(s3)—16-11-2010

Parliament_bills

f589f626-4c6b-51b2-b463-ff64a7f5bb9a

bill no '$ of 1!j68 the delhi high court (amendment) bill, 1968 a bill to amend the delhi high cart act, 1166be it enacted by parliament in the nineteenth year of the republic of india as fo11ow8:-1 (1) this act may be called the delhi high court (amend- short titl~ ment) act, 1968 and commence-s (2) it shall come into force on such date as the central govem- ment ment may, by notification in the oftlcial gazette, appoint 26 of 1966 2 in the delhi high court act, 1966 (hereinafter referred to as insertion the principal act), after section 3, the following section shall be in- of new serted, namely: - i section 3a 10 "3a expenditure in respect of the salaries anti allowances salaries of judges of the high court of delhi shall be expenditure and allowcharged on the consolidated fund of india" ances of judges to be expenditure charged on consolidated l'und of india amendment of section 5 3 in sub-section (2) of section '5 of the principal act, for the words "twenty-five thousand rupees", the wortls "fifty thousand rupees" shall be substituted amendment of section 17 4 in sub-section (3) of section 17 of the principal act, in clause 5 (b), for the words "twenty-five thousand rupees", the words "fifty thousand rupees" shall be substituted punjab act vi of 1911 5 (1) in section 25 of the punjab courts act, 1918, as in for-:-e in the union territory of delhi, for the words "twenty-five thousand rupees", the words "fifty thousand rupees" shall be substituted amendmemof certain laws (2) in the himachal pradesh (courts) order, 1948, in paragraph 1) 20, for the words "twenty-five thousand rupees'" the words "fifty thousand rupees" shall be substituted 6 the chief justice of the high court of delhi may transfer anl' suit qr other proceedings which is or are pending in the high cowi imiaec:liately before the commencement of this act and in 15 wl1ich no "nun have been examined~f,ore ~ch co«lrmdc_~t to such subordinate court in the union territory of delhi or, as the case may be, himachal pradesh as:;would have jurisdiction to entertain such suit or proceedings had such suit or proceedings been in- 20 stituted or filed for the first time dter i\jch cq1:djlwlcedlent ' power of chief justice to transfer pending suits and proceedings to subordinate courts statement of objacts and reasonsunder se6n 5{1) of ihe delhi high courtaet iq66,ute high court of delhi has ordinary ~al c1i""il jurisdiction in every suit the value of which exceeds ri 25,000 it has been found that this limit in civil suits is too low for a metropolitan place like delhi and leads to accumulation of arrears in the intereat of speedy tiispolal of work in the high court, it is proposed to raise the limit specified in'aectlon 5(2) "frondts 25,eoo tors 50,000 it is pro~ to make stmiiar aineftdm~ 'in seetion 1'1(3)' of the aet udder whieh, the' high court of delhi has ~'origtdal jurisdicticm in respe<:tof the union territory at hbnaehaj·pradeh; , , 2 opportunity is being taken to include a provision in the act that the salaries anti allowances of the judges of the high court of delhi shall be expenditure charged on the consolidated fund of india on the lines of the corresponding provision relating to the judges of the state high courts ul 8rti~le 202(3) (d) of tl1e con5titution clause (3) of article 112 of the conatuution does not expres ly provide for the salaries and allowances of judges of the high court for a union territory being charged on the consolidated fund of india and it "is therefore necessary to make such a pro'vision undt>r sub-clause (g) of that clause which empowers parliament to declare any expenditure to be so chai-ged 3 the bill ij intended tq give eftect to the above objects new delhi;, vidya charan shukla the 17th october, 1968 president's recommendation under article 117 of the constitution of india[copy of letter no 16129/67-judl iiiii, dated the 4th november 1981 from shri vidya ~an shukla kinister of state in the ministry of hojile afra11's to the secretary lok sadha} the president having been informed of the subject matter of the delhi high court (amendment) bill, 1988, recommends t~ introduction of the bill in the lok sabha under article 117(1) of the constitution of india ,'annexure extracts from the delhi high covrt act, 1966 (26 of 1986)'" '" - - - 5 (1) - - - - - jurisdiction of high court (2) notwithstanding anything contained in any law for the time of delhi being in f~cet 'the high court of delhi _hall also have id respect of the said territories ordinary original civil jurisdi~d in every suit the value of which exceeds twenty-five thousand rupees 17 (1) - - - extension of the jurladic-- - - - - - - - - - - - ~:h ~o:~ (3) 'the high court 0'£ delhishall have, in respect of the temtoof delhi ries, for the time being included in the union territory of himachal' pradesh,-- - - - - (b) ortiinary original civil jurisdiction in every suit the value o£ which exceeds twenty-five thousand rupees, notwithstanding anything contained in any law for the time' being in force - - - - - ex'ri!act from the punjab courts act, 1918- (vi of 1918) - - '" - original 25 except as otherwise provided by any enactment for the time jurlsdi~tioi being in force, the court of the district judge shall have jurisdicof distr~ct tion in evf!!rj original civil suit the value of which does not exceed judges in ' suits twenty-five thouaand rupees - - - iii - - - - - chapi'er iiisubordinate courts - - - - -20 save as otherwise provided by any other law for the time being ?riginal in force, the court of the district judge shall have original jurisdic- j~rgidj:lon tion in every civil suit the value of which does not exceed twenty-~ou;'<i five thousand rupees ) : a bill to amend the delhi high court act, 1966(shri vidya chm-an shukla, minuter of r state in the ministry of home affairs)

Parliament_bills

c1e273f4-67ff-5121-8ec7-3498d157c1bf

the appropriation (no3) bill, 1970 bill,tq,aa~hor"e pau~ ~ ~i9n ot certain lut-tber sjlma ·from qnd · ouv of the consol~ted fund oj india for the service" qj thefi,nan,ciaz year 1970-u " ~ -' ' ; bs it ~nacted by parliament in th~ twenty-first year ~ the repliblic "lpdia as follows: - 1 this act may be ealled the appropriation (no3) aet, 1910 short title z from and out of the consolidated fwld of inclla thel-e may be paid issue of ,s~ applied sums not exceedfdg those specified in columns of the sche- rs 2,15,57, dule am~ting in the aggregate to the sum </ill two hunc!lred and fifteen ::,::!out cf~_, fi~ty-seven lakhs and twenty-fout' thousand rupees towards de- conlolifraying the several charges which will come in course of peymeat ~urihg dated fund · tibe ananeial yea!' 197d-71,tn respect of the services speeffied in column 2 of india 10 of the schedule for the ' ;year 1970-71 t 'jibe sums authorised to 'be paid and applied from and out of the appro · eortsolidated li'urid of india by this act shall be appropriated for the priationl services and purposes expressed in the schedule in relation to the said year (8" sectiona 2 and 3)i 2 3 voted by parliament total 5 sums not exceeding no of vote services and purposes charaed on the consolidated fund ra ra ri 5 defence services, non-effective 9 survey of india 1000 1000 1160,000 10 22 kolar go ld mines 1160,000 1,000 25 other revenue expenditure of the ministry of finance - 1,000 1000 1,000 30 alticulture is 9,20,00,000 9,20,00,000 33 other revenue expenditure of the mini,tryof food, agriculture, community development and c0-operation •• - 4,01,000 25,00,000 20 j! porci&ll trade ,a induatriel •• 60 other revenue bxpenditure of the miaistry of industrial development, internal trade and comp3ny affairs 100000 1,000 1,000 69 llbour and employment 70 exp:nditure on displaced perlons 300,00,000 25 79 mercantile marine - 9300,000 lsooo is] suppliel and diapoaal - :436,000 100_ other revenue ej:penditure of the deparunent of iocial welfare - 15,00;000 30 108 capital outlay on currency and coin ••• commut,ed value of pensions iii 112 other capital outlay of the miniltly of f idid()e - - - - loans and advancea by the central government - - - - 117 clpital outlay of the ministry of fo~ijn trade , - '0,00,000 50,00000 statement olf 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 appropria- tion out of the consolidated fund of india of the moneys required to meet the supplementary expenditure charged ~n the consolidated fund of india and the grants made by the lok sabha for expenditure (]£ the : central government, excluding railways, fo'r the financial year 1970-71 y b chavan ~", «»py' of wier no f5~) bi'lo, da~d the loth a14iust, 1970 ~0jil :8bri y b· chavm1, minister of finance to tile secretary ·fak saiaqa) , 'the president \laving been informed of the subject matter of the proposed bill to authorise payment imd appropriation of certain' ~fot­;~,~ from and out of the consolidated fund of india for the services of the year ending on the 31st day of march, 1971, recommends the introduction of the appropriation (no3) bill, 1970 in the lok sabha and also recommends to the sabha the consideration of the bill under article 117(1) and (3) of the constitution read with article 113 thereof 2 the bill will be introduced in the lok sabha after all the supplementary demandlil for grants for 1970-71 have been voted a bill to authorise p&yment !ind appropriation of certain further swns from and out of the consolidated fund of india for the services of the financial year if)70--7i (shri y b chafjati, minister of finance)

Parliament_bills

770776bf-85d7-5ef6-9fdd-e76db59d986f

i i i the bankn~ g laws cal'1ei'jdmenx) bill, h"<t'78·· \' ' (lb'be/as in traduced in ipk s;3bha)l 1 page 6, 'g$st line 3, in sert the! marginal ci tat1on,-"10 of 11)49" 2 page 6, line 34,-" 1qr "c 1)" ~ "(1)" 3 page 12, aeainst line 48, in the marginal ci tation,-4 page 13, line 14,-:41 fo r " se c tjon " re ad " se c tions " 4a page ,-,:r,- line 2" for ~gist"'3tel ~ 'hagi te"' 5 page 1f), line 3,- -of fq:r h( 4) " ~ n( 2)'1 , page 18,-(1) aiainst line 5, losert tile marginal citat1on,-"21 of 1976" (ii) against line 7, omit tl-}e marginal citation,-"2 of 1976" 7 page 22, against l~e 38, insert the marginal citiation,-"23 of 1965" 8 page 28, line 33,-fq1: "it" ~ "its" 9 page 32, again st line 44, in the marginal ci tetion,-£qr "1940" ~ "1949" 10 page 38, l:1ne 11,-!q1: "se tcion " ~ "sa c tion " 11 page 43, line 27,~ fqr "the c 1 au se " ttaq "thi sci au se " 12 page 54, agadnst line 11) omit the marginal'citation,-" 1 of 1956" 13 page 55, against line 14, insert the marginal ci tation,-"14 of 1947" -14 page 55, in the margina~ heading to section 45,-fo r"re con s ti tu- " rs"ad "re con s ti tu tion ii 15 page 60, against line 2 from bottom, insert the marginal citation,-' "(z)" "1 of 1956" 1 &: cpa~ ~, line 1;-t ls2l "(x)" mad 17 page 67, line 15, -se ss,~(;m" !9r "succe ssi ve 18 page 67, line 19,-~ "succe s siva se ssion s" - "form" for "from" ~ new delhi, december 12, 1978 agrabayana 28, 1900 ( saka) tile banking laws (amendment) bill 1978 arrangement of clauses chapter i p'reliminouy clausm1 short title chapter ii amendments to the bankers' books evidence act, 18912 amendment of act 18 of 1891 chapter iii amendments to the reserve bank of hroia act, 19m3 amendment of section 45 4 amendment of section 45 i 5 insertion of new chapter after chapter iub 6 amendment of section 46b 7 amendment of section 58b 8 amendment of section 5se chapter iv amendments to the banking regulation act, 19499 amendment of section 5 io substitution of "corresponding new bank" for "corresponding new bank constituted under section 3 of the :banking companies (acquisition and transfer of undertakings) act, 10'70" 11 change of name of "agricultural refinance corporation" 12 amendment of section 7 13 amendment of section 8 14 amendment of section lob 15 insertion of new section 10bb 16 substitution of new section for section loc 17 substitution of new section for section 18 18 amendment of section 19 19 amendment of section 20 20 amendment of sectio'l 22 clauses21 amendment of sections 24, 34a and 36ad 22 amendment of section 29 23 amendment of section 35b ,> ~2" aiileaclmen1 of section 36ab 25 amendment of section 42 26 amendment of section 45 27 amendment of section 45a 28 amendment of section 45j 29 amendment of section 458 30 insertion of new part iiib -31 amendment of section 46 32 amendment of section 47 33 amendment of section 51 34 amendment of section 52 35 amendment of section 56 chapter v amendments to the state bank of india aer, 195536 insertion of new section 3sa 37 amendment of section 40 38 amendment of section 42 39 amendment of section 43 40 amendment of section 49 41 amendment of section 50 chapter vi amendments to the state bank of india (subsmiary ;ba1id) acr,: 1_42 insertion of new section 3sa 43 amendment of section 43 44 amendment of section 44 45 amendment of section 53 46 amendment of section 62 4'1 amemimentofsection 63 chapter vii amendments to the deposit insurance and cridrr guaranti& corporation acr, 196148 amendment of section 2 49 amendment of section 6 so amendment of section 11 51 amendment of section 13 52 amendment of section 32 53 amendment of· section 50 chapter viii aioandments to the banking companies (acquisition and transfd of undertakings) act, 1970 tiuusii54 amendment of section 3 55 insertion of new section 5a 56 amendment of section 9 57 amendment of section 10 58 amendment of section 19 chapter ix amamments to the regional rural banks act, 197859 amendment of section 19 60 amendment of section 20 61 amendment of section 30 a billfunhe?' to amend the bankers' books evidence act, 1891, the rese"" bank of india act, 1934, the banking regulation act, 1949, the state bank of india act, 1955, the state bank of india {subsidiary banks) act, 1959, the deposit insu'rance and oredvt guarrantee corporation act, 1961, the banking companies (acquisition and tran·<;fer of undertakings) act, 1970 and the regional rural banks act, 1976 be it enacted by parliament in the twenty-ninth yeqfl' of the republic of india as follows:- chapter i plmliminarys 1 this act may be called the banking laws (aroendmlllt) act, 1978 shert title i 1 chapter ii ambndmbnts to the bankers' books evidencb a~, 1891z in the bankers' books evidence act, 1891,-(a) in section 2,-10 amend~ men1, at act 18 of 1891 (i) for clause (4), the following clause shall be substituted, namely:-, (4) "legal proceeding" means,-(i) any proceeding or inquiry in which evidence il or may be given i , , 1 (ii) an arbitration; and (iii) any investigation or inquiry under the code of criminal procedure, 1973, or under any other law for the time being in force for the collection of evidence, cod-ducted by a police officer or by any other person (not s being a magistrate) authorised in this behalf by a malistrate or by any law for the time being in force;'; (ii) in clause (8) the following shall be inserted at the end, namely:-"and where the copy was obtained by a mechanical or 10 other process which in itself ensured the accuracy of the copy a further certificate to that effect, but where the book from which such copy was prepared has been destroyed in the usual course of the bank's business after the date on which the copy had been so prepared, a further certificate to that is effect"; (b) after section 7, the following section shall be inserted, namely:-'s in the application of sections 5, 6 and 7 to investigation or inquitjlreferred to in sub-clause (iii) of clause (4) of section 2 20 the order of a court or a judge referred to in the said sections shall be' construed as referring to an order made by an officer' of a rank not lower than a superintendent of police as may be specified in this behalf by the appropriate government ~r ot court to be eon-trued to be order made by apecifled oflleer expzanation-in this section, "appropriate government" 25 means the government by which the police officer or any other person conducting the investigation or inquiry is employed' chapter iii ammdmen'l's to the reserve bank of india act, 1934amendmentof metlon 46 3 in section 45 of the reserve bank of india act, 1934 (hereafter in 30 2 of 1934 this chapter referred to as "the reserve bank act"), after sub-section (2) and before the explanation, the following sub-section shall be inserted, namely:- (3) if the bank appoints the state bank or any other bank a its agent, any payment required to be made into the bank or any billa 35 hundis or other securities required to be delivered into the bank, under any law or rule, ,regulation or other instrument having the force of law, may be delivered to or paid into the agency bank" 4 in section 451 of the reserve bank act,-(i) for clause (bb), the following clause shallbe 8ubstitutei, 40 namely:-amend_ 1mdt0f mc$lon 4it '(bb) "deposit" includes and shall be deemed always to have included any receipt of money by way or deposit or loan or in any other form, but does not include,-(i) amounts raised by wayof sure capital; 45 (ii) amounts contributed as capital by partners of a ftrm; i 10 of 1'&4os1 (iii) amounts received from a scheduled bank or a c0-operative bank or any other ba1\king company 81 tleftned in ' 'iection 5 of the banking regulation act" ,1949; (iv) any amount received from,-(4) the development bank; s 8a of 1951 (b) a state financial corporation eltabli&hed under the state financial corporations act, 1951; (c) any financial institution specified in or under 18 of 1964 10 section 6a of the industrial development bank of india act, 1964; or (d) ·any other financial institution that may be specified by the bank in this behalf; (v) amounts received, in the ordinary eourse of business, by way of security deposit or dealership deposit; is (vi) any amount received from an individual or a finn or an association of individuals not being a body corperate, registered under any enactment relating to money lending which is, for the time being in force in any state; and (vii) any amount received by way of subscriptions in 20 r~ct of a conventional chit e:rplanation-"conventional chit" means a transaction, whether called a chit, chit fund, kuri or by any other name, by or under which a foreman en ters into an agreement with a specified number of subscribers that everyone of them hall 1s subscribe a certain sum of money in periodical instalments over a definite period and everyone of such subscribers shall, in turn, as determined by lot or by auction or by tender or in such other manner as may de provided for in the chit agreement, be entitled to the prize amount, that is to say, the 30 amount arrived at by deduction from 'out of the total amount subscribed at each instalment by all subscribers, the amount :which the subscriber has agreed to forego, and which is set apart under the chit agreement for payment of commission charged by the foreman or for rateable distribution among 35 the subscribers in terms of the chit agreement or for ,both;'; (ii) in clause (d), the words ", of which the capital subscribed by its partners exceeds one lakh of rupees" shall be omitted; (iii) in clause (e), lor the words "co-operative society or ftrm", the words "or co-operative society" shall be substituted 40 5 after chapter ilib of the reserve bank act, the following chapter shall be inserted, namely:- "chapter iilcintertion of new chapter after chapter iiib interpretation 45 prohibition of acceptance of deposits by unincorporated bodies 45r the words and expressions used in this chapter and defined in chapter iiib shall have the meaninss respectively assigped to them therein 455 (1) no person, being an individual or a firm or an wdncorporated 8ss(iciation of individuals, shall, at any time, have deposit from more than the nwnber of depositors specified against each, in the table below:-deposits not to be accepted ih certain cases (i) individual -not more than ten depositors (ii) fill"m i f'· -not more than ten depositors ,per partner and not more than forty depositon 10 in all \ (iio association of individuals -not more than ten depositors per indiviaual and not more than forty depositors in all t s (~) where at the commencement of the banking laws (amend- ment) act, 1978 the deposits held by any such person are not in accordance with sub-section (1), he shall repay such of the deposits ; as shall fall due for repayment immediately after the commencement of that act so as to bring the number of depositors within tlie relative 20 limit specified in that sub-section explanation-where a deposit has been made by two or more persons, it shall, for the purposes of this section, be deemed to have it? been made by as many depositors as there aife number of persons '1 making such deposit 25 power to issue search-wiiirrants 45t (1) any court having jurisdiction to issue a search-warrant under the code of criminal procedure, 1973 may, on an application 2 of 1874: by an dfficer of the bank or of the state government authorised in this behalf stating his belief that certain documents relating to acceptance ~f deposits in contravention of the provisions of section 458 are 30 secreted in any place within the local limits of the jurisdiction of luch court, issue a warrant to search for such documents ·(2) such warrant shall be executed in the same way and shall hav,", the same effect as a search-warrant issued under the code of criminal procedure, 1973" 3s 2 of 1"' 6 in section 46b of the reserve bank act,-(i) in sub-section (2)-amendment of section f6d (a) for the word "five", the word "seven" shallqe subatituted; (b) the provisos shall be omitted; 40 (ii) after sub-section (2), the following sub-sections shall be inserted, namely:-"(3) loans and advances may be made under sub-section (2) only for the purpose of enabling a state co-operatlve bank' or a regional rural bank,-45 (a) to pay any dues it) ' and promissory notes ~ect of bills of exchangt b ok pure ased or rediscounted by tbe a d under claus«! (2) of section 17 or loans and advances sr: e t~/tf by th~ bank under clauses (3b) and (4) of ion i or agricultural operations; &r 5 10 (b) to make to central co-operative banks or pri agncult~rijl credit societies loans or advances repayab~ the expiry of fixed periods not being less than fifteen months and not exceeding seven years from the date of making such loan or advance, by way of reimbursement of loans and ad~ances made by such co-operative banks or societies for agricultural operations or reimbursement of loans or advances granted for agricultural operations which have been con~erted into loans or advances repayable on expiry of fixe~ penods not bemg less than fifteeri months and not exceedmg seven years from the date of conversion (4) loans and advances may not be made under sub-section (2) unless the bank fonns an opinion, that owing to drought, i' farrune or other natural calamities or owing to military operations ,or enemy actions-20 '(a) the state co-operative bank or the regional rural bank is unable to pay the said dues in time; or (b) making of the said loans or advances to central cooperative banks or primary agricultural credit societies it rendered necessary (5) no loan or advance shall be made under sub-section (2) unless such loan or advance is fully guaranteoo as to the repayment of the principal and payment of interest- (4) in the case of loans and advances to state cooperative banks, by the state government; and 30 (b) in the case of loans and advan<:es to regional rural banks by the sponsor bank" ''f~ 'in section 58b of the reserve bank act, after sub-seation (5) i the following sub-section shall be inserted, namely:-amendmentol section 58b 3s "(sa) if any person contravenes any provision of section 455, ~e shall be punishable with imprisonment for a term which may extend to two years, ,or with fine which may exltend to twice the aj'niltunt of deposit received by such person in coilitraventionof that section or rupees two thousand, whichever is more, or with both" "provided that in respect of any offence punishable under subsection (sa) of section 58b, a complaint in wrtting may also be ftled by an officer of the state government, generally or specially authorised in writing in this behalf by the state goverddlent," 9 in the banking regulation act, 1949 (hereafter in this chapter referred to as "the banking regulation act"), in section 5,-!t , amendmentof aeetlon 5 (i) for clause (til), the following clauses shall be substi!hlted, s namely:-('\ , (a) "approved securities" means,-(i) securities in which a trustee may invest money under clause (0), clause (b), clause (bb), clause (c) or clause cd) of section 20 of the indian trusts act, 1882; 102 of 1882 (ii) such of the securities authorised by the central government under clause (f) of section 20 of the indian trusts act, 1882, 86 may be prescribed; 2 of 1882 (oa) "agricultural refinance and develqpijlent corporation" means the agricultural refinance and development corporation is constituted under section 3 of the agricultural refinance and development corporation act, 1963;'; 10 of 1963 (n) after clause (d), the following clause shall be inserted, namely: - '(dd) "corresponding new bank" means a corresponding new 20 bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970;'; 5 of 1970 (iii) clause (gg) shall be re-iettered as clause (gb), and before clause (gb) as 80 re-iettered, the follawing clause shall be inserted, namely:-2s '(ga) "industrial development bank of india" means the industrial development bank of india constituted undet1 section 3 of the industrial development bank of india act, 1964;'; 18 of 1964 , ,' (iv) after clause (j), the following clause shall be inserted, ,"" jlamely:-30 '(k) "regional rural bank" means a regional rural bank established under section 3 of the regional rural banks act, 1976;'; 21 of 1976 (v) for clause (1), the following clause shau be substituted, namely:-35 2 of 1934 '(1) "reserve bank" means the reserve bank of india constituted 'under section 3 of the reserve bank of india act, 1934;'; 230t 1955 (vi) clause (nb) and clause (nc) shall be re-iettered as clause (nc) and clause (nd) respectively, and before clause (nc) as 80-re-lettered, the following clause shall be inserted, namely:-40 '(nb) "state bank of india'" means the state bank of india constituted under section 3 of the state bank of india act, 1955;' 5 of 1970 10 in the banking regulation act, for the words figures and brackets "corresponding new bank constituted under sectio~ 3 of the banking companlies (acquisition and transfer of undertakings) act, 1970", wherever they occur, except in section 51, the words "corresponding new 5 bank" shall be substituted 11 in the banking regulation act, for the words "agri~tural refinance corporatiql'l", wherever 'they occur, the words "agricultural refinance and development corporation" shall be substituted substitution of "corresponding new bank" for "corres_ ponding, new bank constituted under section 3 at the banking companies (acquuition and transfer of undertakings) act, 1970" change of nameot "agricultural refinance corporation" - amendment of section 7 , 12 in section 7 of the banking regul8ition act, in sub--section (1), after 10 the words "shall use as part of its name", the words "or in connection with its business" shall be inserted amendment of section 8, is 13 in section 8 of the banking regulation act, for the proviso, the following proviso shall be sub$tuuted, namely:-"provided that this section shall not apply tq any such business as is specified in pursuance of clause (0) of sub--section (1) of section 6" 14 in section lob of the banking regulation act, in sub-section (1),-amendmertt of section· lob 20 2s 30 (i) for the words "shall have a chairman of its board of directors", the words "shall have one of its directors as chairman of its board of directors" shall be substituted; (ii) for the second proviso, the following proviso shall be substituted, namely: -' "provided further that nothing in /this sub-section shall apply to a banking company until the expiry of a period of three months from the date on which the aggregate of the outstanding deposits of such banking company becomes, at any time after the commencement 01 the act aforesaid, 'ten crores of rupees or more, and where the provisions of rt:his sub-section have become applicable to a banking company, such provisions shall continue to apply to such banking company, notwithstanding that the aggregate of the outstanding deposits of such ban1dng company has, at any time thereafter, fallen bejow ten crores of rupees"; (iii) in sub-section (5), 'the words "but shall continue in o1ftce until his successor assumes office" shall be omitted; (iv) after sub-seation (5), the following sub-~ction shall ~ :inserted, namely:-"(&a;) a chail1nan whose u,m of office has come to ,an~, either by reason of his resignation or by reuqp of expiry pfjbe period of his office;' shall, subjec't to !the apprqval of the reserve s bank, continue in office until his successor assumes office" 15 after section lob of the banking regulation act, the following sectiqll shall be inserted, namely:-i~ertlon of new section 10bb "lobb (1) where the office of the chairman of a banking company is vacant, the reserve bank may, if it is of opinion that the continua- 10 tion of such vacancy is likely to adversely affect the interests of the banking company, appoint a person, eligible under sub-section (4) of section lob to be so appointed, to be the chairman of the banking company and where the person so appointed is not a director :>f such banking company, he shall, so long as he holds such :lppointment, be is deemed to be a director of the banking company power of reserve bank to appoldt wtoletime chairman of banjdn« eompany (2) the chairman so appointed by the reserve bank shall be in ithe whole-time employment of the bankli,ng company and shall hold ofbee for sucl\"period not exceeding three years, as the reserve bank may specify, b~t shall, svbjectto the other provisions of this' act,be 20 eligible for reappointmel'l't (3) the chairman so appointed by the reserve bank shall draw hqn 'the banking company such pay and allowances as the reserve bank may determine and shall be removed from office only b'y the reserve bank :l 5 (4) save as otherwise provided in this section, the provisions ,pf section lob shall, as far as may be, apply to the chairman appointed by the reserve bank under sub·section (1) as they apply to a chairman appointed by the ba1lking company" 16 for section 10c of the banking regulation act, the following sec' 30 tion shall be s~tituted, namely:-"loc a chairman of a banking company (by whomsoev~r appointed) and a director of a banking company (appointed by the reserve bank under sectioo loa) shall ddt be required· to hold qualification shares in the banking company 35 substitution of new eection for lon loc chairjdan and certai directors not to be required to hold qualification shares 11 for sec~ion 18 of the banking reg\llation act,· the foll,o;wing section shall be substituted, namely:-substitution of new section for lection 18 cuh reserve '18 every banking company, not being a scheduled bank, shall mai~ in india by way of cslh reserve wiltb' ,itself or by way of balance in a current aqtount with the reserve bank, or by way of net 40 s26 of 1881 b411ance in current accounts ex in one ()r more of the said three ways, a sum equivalent to at least three per cent of the total of its demand and time liabilities in india and shall submit to >the reserve bank before the fifteenth day of every month a return showing the amount so held on friday of each week of the preceding month with particulars of its demand and time liabilities in india on each such friday, or if any such friday is a public holiday under the negotiable instruments act, 1881, at the close of business on the preceding working day explana:i<>n-in this section, and in section 24-jo (a) "liabilities in india" shall not include-(i) the paid-up capital or the reserves or any credit balance in the profit and loss account of the banking company; (ii) any advance taken from the reserve bank or from the industrial development bank of !ndia or frmn the agricultural refinance and development corporation; 20 (b) the aggregate of liahilities of a banking company to the sltate bank of india, a subsidiary bank, a corresponding new bank or a regional rural bank or another banking company or a co-operative bank or any other financial institution notified by the central government in this behalf, shall be reduced by the aggregate of the liabilities of all such banks and institutions to the banking company; (c) "net balance in current accounts" shall, in relation to a banking company, mean the excess, if any, of the aggregate of the credit balances in current account maintained by tha1 banking company wi th the state bank of inrlia or a 9ubs'idiary bank or a corresponding new bank over the aggregate cd the credit balances in current accoun't held by the z;aid banks with such banking company' 30 18 in section 19 of the banking re~lation act, for sub-section (1), the following sub-section shall be substituted, namely:-amendment of section 19 u (1) a banking company shall not form any suibsidiary company except a subsidiary company fonned foil' one or more of the following purposes, namely:·-35 (a) the undertaking of any' business which, under subgection (1) of !lection 6, it is pennissible for a banking comprmy to undertake, or (b) with the previous permission in writing of the reserve bank, the carryjng on of the business of banking exclusively outside india, or (c) fqf undertaking such other b~cqness, which the reserve bank may with the prior approval of the central government consider t~ be conducive to the spread of banking in india or to be otherwise useful or necessary in the public interest exp14naibiot1-for the purposes of section 8, a banking company shall not be deemed, by reason of its forming or having a subsidiary company, to be engaged indirectly in the business carried on by 8uchsubsidiary company" amendment of section 20 1, in section 20 of the banking regulation act, in sub-section (1), in s clause (b), for sub-clause (iii), the following sub-clause shall be substituted, namely:- (iii) any company (not being a subsidiary of the banking company or a company registered under section 25 of the companies act, 1956 or a government company) of which or the subsidiary or 10 1 of 1956 the holding company of which any of the directors of the banking company is a director, managing agent, manager, employee or guarantor or in which he holds substantial interest, or" zo in section 22 of the banking regulation act, in sub-section (l) ,-amendment of section 22 (i) after clause (b), the following clauses shall be inserted, 15 namely:- (bl) that the general character of the proposed management of the company will not be prejudicial to the public interest or the interests of its depositors; (b2) that the company has adequate capital structure and 20 earning prospects; (b3) that the public interest will be served by the grant of a licence to the company to carry on banking business in india;"; (ii) after clause (c), the following clause shall be inserted, namely:-2s "(d) any other condition, the fulfilment of which would, in the opinion of the reserve bank, be necessary to ensure that the carrying on of banking business in india by the company will not be prejudicial to the public interest or the interests of the depositors" 30 21 in the banking regulation act,-(1) in section 24,-amendment ·of sections 24 34aand 36ad (a) in sub-section (1), for the words "time and demand liabilities", the words "demand and time liabilities" shall be substituted; 3s (b) in sub-section (2a) ,-(i) in clause (a), after the figures and words 1125 per cent", the words and figures ", or such other percentage not exceeding 40 per cent as the reserve bank may, by notification in the official gazette, specify," shall be inserted; 40 (ii) for, clause (b), the following clause shall be substituted, namely:-ii (b) in computing the amount for the purposes of clause (4),-(i) the deposit required under sub-section (2) of 45 section 11 to be made with the reserve bank by a banking company incorporated outside indiaj 5 (ill) any cash or balances maintained in india by - banking company other than a: scheduled bank with itself or with the reserve bank or by way of net balance in current account in excess of the aggregate of the cash or balance or net balance required to be maintained under section 18; (iii) any balances maintained by a scw;duled bank with the reserve bank in ejreess of the balance required to be maintained by it under section 42 qf the reserve bank of india act, 1934; 10 2 of 1934 (iv) the net balance in current accounts maintained in india by a scheduled bank; (v) any balances maintained by a region81 raral bank in call or fixed deposit with its sponsor bank, shall be deemed to be cash maintained in india· · , , 21 of 1976 (c) in sub-section (2b) , the words and figures "established under section 3 of the regional rural banks act, 1976" !\hau be omitted; (d) in sub-section (3),-20 (i) for the words "time and demand liabilities", the words "demand and time liabilities" shall be substituted; and 26 of 1881 (ii) the words and figures "under the negotiable' instruments act, 1881," shall be omitted; (e) after sub-section (3), the following sub-sections shall be inserted namely:-2s '}o - (4) (a) if on any friday during a month or, if such friday is a public holiday, on the preceding working day the amount maintained by a banking company at the close of business on that day falls below the minimum prescribed by or under clause (a) of sub-section (2a), such banking company shall be liable to pay to the reserve bank in respect of that day's i default, penal interest for that day at the rate of three pel' cent per annum above the bank rate on the amount by which the amount actually maintained falls short of the prescribed minimum on that day 35 40 (b) if the default occurs again on the next succee4ini friday or, if such friday is a public holiday, on the precediiij( working day, and continues on succeeding fridays or preceding working days, as the case may be, the rate oi penal· interest shall be increased to a rate of five per cent above the bank rate on each such shortfall in respect of that friday and each succeeding friday or preceding working day, if such friday is a public hotidayon which the default continues 45 (5) (a) without prejudice to the provisions of sub-section (3), the reserve bank may require a banking com~any ~o fu~­nish to it a return in the form and manner specified by it showing particulars of its assets maintain~ in accordance with this section and its demand and time liabilities in india, as at the close of business on each day during a month (b) without prejudice to the provisions of sub-section (4), 00 the taijure of a ban&ing company to maintain as on any day, 5 the amount so required to be mamtamed by or under sub-sect1on (2a) the reserve bank may, m respect 01 such de~u1t, requll'e the banking company to pay penal interest for that day as provided in clause ('11) of sub-section (4) and 1f the default cont1-nues on the next succeeding working day the penal interest 10 may be increased as provided in clause (b) of sub-section (4) for the concemed days (6) (a) the penalty payable under sub-section (4) and subsection (5) shall be paid within a period of fourteen days from the date on which a notice issued by the reserve bank demand-j 5 ing payment of, the same is served on the banking company and in the event of failure of the banking company to pay the same within such period, the penalty may be lev!ed by a direction of the principal civil court having jurisdiction in the area where an office of the defaultng banking company is situated, such 2 direction to be made only upon an application made by the 0 reserve bank in this behalf to the court (b) when the court makes a direction under clause (a), it shall issue a certificate specifying the sum payable by the banking company and every such certificate shall be enforceable 25 in the same manner as if it were a decree made by the court in a suit (7) when under the provisions of clause (b) of su~section (4) penal interest at the increased rate of five per cent above the bank rate has become payable by a banking company, if 30 thereafter the amount required to be maintained on the next succeeding friday, or if such friday is a public holiday, the next preceding working day, is still below the prescribed minimum every director, manager or secretary of the banking company, who is knowingly and wilfully a party to the default, shall be 3s punishable with fine which may extend to five hundred rupees and with a further fine which may extend to five hundred rupees for each subsequent friday or the preceding working day, as the case may be, on whreh the default continues (8) notwithstanding anything contained in this section, if 40 the reserve bank is satisfied, on an application in writing by the defaulting banking company that the banking company had sufficient cause for its failure to· comply with the provisions of tub-section (2a) , the reserve bank may not demand the payment of the penal interest 45 24 of 1881 ~lanation-ln this section the expressjon "public holiday" means a day which is a public holiday under the negotiable instruments act, 1881'; (2) in sub-section (3) of section 34a and in sub-section (3) of section 36ad, the words and fi~res "established under section 3 of 50 the regional rural banks act 1976" shall be omitted 21 of 1976 lallllll a la aectiod 28 of the banking regii]atton ad, after sub-section (3), the following sub-section shall be inserted, namely:--amendment of section 21 1 '1" "(3~ notwttbatandiltg anything to the goiltrary contained in ';" " bilp a,action ("'~ of _tion 210 of the companies act ·1956 the ::5 fi18riod to which tile profit ad leas account relates ahell in the' case of a banking company, be the period ending with the iast working day of the, year immediately preceding the year in which the nual g~al mee~g is held" (' d 1 10 23 in section 35b of the banking regulation act,-amend-;(t) in su~section (1) , in clause (a), after the words clany ment of proviiio~,relating· to", the words "the maximum permissible numaection her ,afcurectors, or" shall be inserted; 3gb (ii) in sub-section (2), for the words and figures ('provisions of section 310", the words and figures "provisions o,f sections 269, 310" shall be substituted; is (iii) after sub-section (2), the following sub-section shall be mtlerted', namely:-10119l5e 20 (81) nothinr containtri in section 198 of the companies act, 1956 shall apply to a banking company and the provisions er sub-section (1) gtsection - and of hection 387 of that act shall, in so far as' they are applicable to a banking c01d@&dy, have effect as if no reference to section 198 aforesaid had been !!lade in' the said provisions it 24 in:aeotion 3mb of, the banking regulation act, in sub-section 2s the provis~shall be omitted <n , amea4,,, m_ at,~: sec:tiiiw :' hab "i • tn sec'tion 42 o~ the banking regulation act,-'(i) for the words and figures "sections 460, 464 and 465", the word and figures "section 460" shall be substitute?; ,,' '; ,(ii) , the words "or with the appointment of a committee of 30 t, i "inspection" shall be omitted 26 in section 45 of the banking regulation act,-(a) in sub-section (5), ill clause (i) ,--amendment of sediea& 3s : (i) in the ftrst proviso; for the words "as ate applicable": in the two places where they occur, the words "as arc, at the time of such pay~ent 01' grant, applicable" shall be substituted; (ii) atter the' second proviso, the following proviso shall be inserted, namely:-4" "provided also that any slu:h doubt or d,iiference shall be referred to the reserve bank before the expiry of a period of three years from the date of the payment or grant referred to in the first proviso·;"; (b) in sub-section (8), the following shall be inserted at the end, namely:-"including the trustees or other persons managing, or connected in any other manner with, any provident fund or other fund maintained by any such company or the transferee bank"; s (c) in sub-section (9), for the words "on and from such date as may be specified by the central government in this behalf", the words "on and from the date of the coming into operation of the scheme" shall be substituted; (d) in sub-section (15), for the words and figures "any other 1'0 banking institution notified by the central government under section 51", the words "a subsidiary bank or a corresponding new bank" shall be substituted; (e) after sub-section (15), the following expl~tion shall be inserted, namely:-'s "erplanation-references in this secti'on to the terms and conditions of service of an employee shall not be construed u extending to) the rank and rstatus of such employees" 2'1 in section 45a of the banking regulation act, for the fli1jn "1898", the figures "1973" shall be substituted 20 amendmf!ll1tof st'ction 45a 28 in section 45j of the banking regulation act, for the ftlul'll "1'898,", wherever they occur, the figures "1973," shall be substit':lted amendmc;tlt of section 45j 29 in section 455 of the banking regulation act, for the woro aajendmelbt of aectjen 468 "chief presidency magistrate or the district magistrate", wherever they occur the words "chief metropolitan magistrate or the chief judicial 25 magistrate shall be substituted 30 after section 45x of the banking regulation act, the following part shall be inserted, namely:-insertion of new part fiib "part liib provisions relating to certain opbrations or banking companiib30 45y the central government may, a1iter consultation with the reserve bank and by notification in the official gazette, make rules specifying the periods for which-(a) a banking company shall preserve its books, accounts and other documents; and 35 power of central government to make rules far the preaervatlon of recorda (b) a banking company shall preserve and keep with ltalf different instruments paid by it s retum of paid instru; menta 1;0-customers ez (1) where a banking company is required by its customer to return to him a paid instrument before the expiry of the period specifted by rules made under section 45y, the banking eompany shan not return the instrument except after makjing and keeping in its possession true copies of all relevant parts of such instrument, such copies being made by mechanical processes which in themselves ensure the accuracy of the copy (z) the banking company shall be entitled to recover from the lh customer the cost of making such copies of the instrument 10 explanation-in this section, "customer" includes a government department and a corporation incorporated by or under any law payment of depositors' money 45za (1) where a deposit is held by a banking company to the credit of ooe or more persons, the depositor or, as the case may be, 15" all the depositors together, may nominate, in the prescribed manner, one person to whom in the event of the death of the sole depos:tor ·or the death of all the depositors, the amount of deposit may be returned by the banking ·company 20 25 (2) notwithstanding anything contained in any other law for the time being in force or in any disposition, whether testamentary or otherwise, in respect of such deposit, where a nomination made in the prescribed manner purports to confer on any person the right to receive the amount of deposit from the banking company, the nominee shall on the death of the sole depositor or, as the case may be, on the death of all the depositors, become entitled to all the rights of the sole depositor or, as the case may be, of the depositors, in re--- lation :to such deposit to the exclusion of all other persons, unless the nomination is varied or cancelled in the prescribed manner 30 35 (3) where the nominee is a minor, it shall be lawful for the depositor making the nomination to appoint in the prescribed manner any person to receive the amount of deposit in the event of his death during the minority of the nominee (4) payment by a banking company in accordance with the provisions of this section shall constitute a full discharge to the banking company of its liability in respect of the deposit: provided that nothing contained in this sub-section shall affect the right or claim which any person may have against the person to whom any payment is made under this section 45zb no notice of the claim of any person, other than the person ar persons in whose name a deposit is held by a banking notice of claim of other persons regardine deposits not receivable 45 ~ompany, shall be receivable by the banking company, nor shall _ ~e banking company be bound by any such notice even though '~sly given to it: provided that where any decree, order, certificate or other authority from a court of competent jurisdiction relating to such deposit is produced before a banking company, the banking com-' ,pany shall take ~e note of such decree, order, certificate or other authority 45zc (1) where any person leaves any article in safe custody 50 1 wttha banking company, such person may nominate, in the pres- ,crib!ec!' manner, one person to whom, in the event cyf the death of return of articleskept in safe \ the person leaving the artiic1$: 4n sale cus~, suc;h ~ may be returned by the banking company (4~ where the nglllinee is ,a mulql', it :smhbe ~w~6tr the person making thenojlllitl,auon to appoint in tbe prescribe4 jmiuler any person to rectnv8 the· ~le ~posiw io ~ e"{ent qf death ~ dur~ the minotity qf the nq~ett 1 (3) the bankillg ·company sball, bellore t'etui'dbl • a" 'deles under this section to the noro,inee or the ,pei'sq~ apjil0inted ~der subsection (2), prepare, in ~uch manner ~ dlay b~ ~~~e4qy' the reserve bank from time to time, an inventory of the ~~ articles 10 which shall be signed by such nolj1inee or person and shan deliver a copy of the inventory so prepared to such nominee or pel"ioli (4) notwithstanding anything contained in any other law for the ,time being in foree or bl any diapoait4on, whe~ taitamentary oro~ise, in respect of such vtiele, wlbne ·a damjaatloa made 15 m tlw prescribed dulilqef ~pol'ta t9 codfer on ad)' )mdi01l the rigbtto recei~ ute ar~le from ~ bsmkjqg ,»q>aqy, th~ -omi-~ litball, on the death ot the penon leaving ~ ami~o il\,ssfe custody, become entitled to th~ mujal at be ,",ucle to ·'~l_clu­sion of all other persons, unless the nomination is varied 01' cancelled 20 in the prescribed manner: provided that notllmg con~e<;l in this section shall ~~t the notice of claims of other persons regarding articles not receivable release of cod-tent of safety lockers ~igpt «;u' claim which any j)9rbod may have ~~t tbepellklq to whom the artiqle is ratumad in pu,r~uanoe) ot this su~n, 45zd no notice of the claim ,of any ,pemollotber than the lper- 25 son or persons in whose name any article is held br a ~jng compady in safe custody, sh~ be ~vable by ~he nnking com-'pany, nor shall the banking company be 'bound by anylbucbddtice even though expj'essly giyen to it: proviqed that where any decree order~ certificate or other 30 authority from a court of competent juriadi~ relating to auch article is woduced before a b~ing comp~y', tae ba~ng ~any shall take due note of such d~ee,ordar, ~tibte or f:)u1er authority 45ze (1) where an individuaj is th~' sale hirer of a l~k~ from a 35 banking company, whether such loc1~er is located in the ~afe de~t ,' vault crf such banking company ·or elsewhere, such individual'may , nominate one person to whom, id' the event of the death of such individual, the banking c()mpany may give access to the leek·and liberty to remove the contents of the locker 40 (2) where my such locker is hired from a banking company t, ~ two or more individuals joifttly, and, under the eon act of hire, the locker is to be operated· under, the joint signatures of· two or diiil"e of such hirers, su,eh bkers may nomtnate one or more persons to whom, in the event of the death of such joint 'hire!- or 4s bir'tf$,the· banking company play live, joidt1y, with the nrviving ~~ hirer 0: joint pjrera, as thec4ie ~ be 8caesa:to the lcdckat)ed t ub~ torexuove the ~~,ot suw11~ (3) every nomination under sub-eection (1) or su~tion :(2) shall be made in the prescribed manner " so <') tme banking company abell;' 'before· permittmg the -r~va1 of qte mn,tents of &l\y locker· by arrynomillee or jomtly"by any d~ee and ~vor 88 afoirelaid,prepue, ill luck 1n'8ftfter:h' mq i ,," ·dk~~ :by the re$ervt bank from time to time, an inventory ,~ ij)ecoqtents qf the locker w~h , • 11 be sigp,ed by 'iuchnominee ,<9l" pnt~ by tjuchnomijlee ~d survivors and shall ~¥efi a copy ,qf",tqe mventory 80 pfep~red ~ such nominee or ~ee and 5 !, '~ivoj!" j i ' (5) on the llemcwal gf dle·lcontents of any looker :by any nomi-nee or jointly by any nominee and survivors as atbresaidthe liability of the banking dompany in relation to ithe oomeb_ of the locker shall stand discharged 10 ,(6) no suit, prosecution or ,other legal proceedulg shall lie agltilst' a b,ankmg company for' any damage caused, or likely to be caused, for stlowing access to any locker, and liberty to remove the ,cl>~~·of such lockttr, in p~rsual'1ce of the provisions of sub-section (1), or sub-section (2), as the case may be 45~ no notice of the claim of any ;persoll other than hirer or 1$ ""hw!~ % " l~~ke;r ahali be rece~vab1e by a ban~g company nor ~: ,shall ~}je: pfu,lking cf>ll1paoype boluld by;,~ ~ch notice even ~~ e~px'essly ~ven to it: , notice of claims 01 other persons regarding aafel7 lockers not receivable r] rzlwi4eci tilat wbere any decree, order, certificate or other ~ from a court of competent jurisdiction, i, relating to the 2,ol,s)qiier 01' its, oontents is produced ·,before the banking company, the banking company shal:l ~ake due note of such,decree, order, certificate or~thr au&hority!' 31 in section 46 of the banking regulation act, for sub-section (4), tjite fotlowtng sub-section shall be substituted, namely:-amendment of eection 48 2$ "(4) if any other provision of this act is contravened or if any default is made' in-, (i) complying with any requirement of this act or of any order, rule or direction made or condition imposed thereunder, or 30 (ii) complying with any term, or any other provision conkmtd in,lldy such order, rule or (lirection, or 'i) c:arryjng out the terms of, or the obligations under, at liqbqle sanctioned under su~tion (7)' of section 45, , 'penen guilty of such contravention or' ·default shall be punish-35 a~ w~t4 fine which mb3 extend to two thousand l~' adci where a contravention or default is a continlling one, with al' ~,flde which may extend to one hundred rupees for every day '8fter"the ~t, dul4ng '!which the eonll'avelmioll or defalllt, oontinues" ~ ill, section 47 of the bankini~tion act, f~" the'~w,ords "no 4~ ~~~)pie~ :to ~t of a presicl~nc¥ magistrate or a ma~w at the amendmentof section 47 ftj:st~aa,s",tbe werds "ng court other than that of ~ ~~litan magistrate' or a judicial magistrate of the first class or,ajly ~1j1i superiqr thereto" shall be svb~tuwd, 33 section 51 of the bankijlg ~ul~un act ,hall t~e ~num~ered 81 4~ ;su,~~~n i (l~ of t~at se(:tiop, andt ,;~ (4) in sub-section (1) as so re-numbered,-'''' i j " ,,,)!~r,,, r)! ~o?tot ·tbe~res"aqd word "4' to _,~",tbe ,a,undj letters {,tl ' ' "{if{ to 4wi 46 to 48!' ahan ,be subttuted, (ii) for the words, ftgures and brackets "or any eorresponding new bank constituted under section 3 of the banking com- patties (acquisition and transfer of undertakings) act, 19'10 or a regional rural bank estabjished under section 3 of the regional rural banks act, 1976, or any other banking institution ftotlfted s by the central government in this behalf", the woi'ds ,"or any corresponding new bank or a regional rural bank or any subsidiary bank" shall be substituted; (iii) in the proviso,-(a) in clause (0), for the words "general manaaer", the 10 words "managing director" shall be substituted; (8) for clauses (b) and (c), the following clauses shall be substituted, namely:-"(b) ngthing contained in sub-clause (iii) of clauae (b) at sub-section (1) of sec~ion 20 shall apply to any 15 bank referred to in sub-section (1), in so far as the said sub-clause (iii) of clause (b) precludes that bank from entering into any c()lj)mitment for grilhting oy loan or j advance to or on behalf of a company (not being a gov- ernment company) in which not less than forty per cent 20 of the paid-up capital is held (whether singly or taken together) by the central government or the reserve bank or a corporation owned by that bank; and (c) nothing contained in section 46 or in section 47a shall apply to,-2 (i) an officer of the central government or the 5 reserve bank, nominated or appointed as director of the state bank of india or any corresponding new bank or a regional rural bank or any subsidiary bank or banking company, or (ii) an officer of the state bank of india or a 30 corresponding new bank or a regiobal ruril bank or a subsidiary bank nominated or appointed as director of any of the said banks, not being the bank of which he is an officer, or of a banking company"; (b) after sub-section (1) as so re-numbered, the following sub- 35 section shall be inserted, namely:-f:j" i 'i, ;,1 "(2) references to a banking company in any nue or direction relating to any provision of this act referred to in jubsection (1) shall, except where such rule or direction provided otherwise, be construed as referring also to the state bank (1)40 india, a corresponding new bank, a regional rural bank and e" subsidiary bank" u in section 52 of the banking regulation act,-(a) sub-aection (3) shall be omitted; !,' ji (b) after sub-section (4), the following sub-sectton shall be 45 inserted, namely:-ii (5) every rule made by the central government under this act shall be laid, as loon as may be after it u!made, before each house of parliament, while it is in btiiiclll,'" a total i"~ 5 ~od of thirty days which may be comprised 'in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the ,validity of anything previously done under that rule" 10 ii 'in" section 56 of the banking regulation act,-amelbdment of ( f section ') or clause (f), the following clause shall be substituted, i ~ name y:-'(f) for section 7, the following section shall be substituted, iwnely:-use of word "bank", "'banker" or "banking" 20 ' "7 (1) no co-operative society other than a co-operative bank shall use as part of its name or in connection with its business any of the words "bank", "banker" or "banking" and no co-operative society shall carry on the business of banking in india unless it uses as part of its name at least one of such words (2) nothing in this section shall apply to--(a) a primary credit society, or (b) a co-operative society formed for the protection of the mutual interests of co-operative banks or cooperative land mortgage banks, or (c) any co-operative society, not being a primary credit society, formed by the employees of-(!) a banking company or the state bank of india or a correspnndin8 new bank or a subsidiary bank of such banking company, state bank of india or corresponding new bank, or ' , 35 (ii) a co-operative bank or a primary credit society or a co-operative land mortgage bank, in so far as the word "bank", "banker" or "banking" appears as part of the name of the employer bank, or as the case may be, of the bank, whose subsidiary the employer bank is" "; (ti) after clause (f), the following clause shall be inserted namely:-40 '(ti) in section 8, for the proviso, the fiollowing proviso shall ,be substituted, namely:-"provided that this section shall not apply-4s (a) to any such business as aforesaid which was ld the course of being transacted on the commencement of the banking laws (amendment) act, 1978 so however that the said business shall be completed befnl'lt the ~xpfry of one year from such commencement or ')' \ ,;,~'l ' , ,(iii) efter c~ (ii), the following clauaeshall be inserted, ~y:- '(fii) in section 9, for the seeond pr:ovis1t, the fbuowing pro-5 ·/;tl~ shaij be aubstituted; namely::--"provided farther that j '1nthe case' of a primary 6-edit society whieh 'beeomes' a:' cptinutry·t 'c~tive bank after the commaacement of ~ ;badking 1iiaw5(~dialent)/ am, 1978, the period of seven years shall commence from the 10 day it so becomes a primary do-operative bank: provided also that the reserve bank may ii1 any particular ease, extend' the' aforeeaid r}lft'iod of· ~ years by such period as it may consider necessary where it is satisfied tha,t ,su~h extension would be in the interests of the deposi- is to,rs of the co-operative b~"'~ (i~' in'~lbuge (g)', for the figures >ami 1~··'tob, ioc", the ft~~ aria letters "1~, lobb; loc" shall be stlbst1tti~t1; (t1> for clause (j), the following clause shell jle substituted, namely:-20 '(j) for section 18, the following sec~qjl shall be sub6tituted, namely::-cae reserve i " "18 e\l"ery ~pt"rative bank; not bettlgi a' state co-operative bank for the time beb\gflk'lu&d in ,the 'semftd schedule to the reserve bank of india act, 1984 (hereinafter referred to as a 2s 2 ot 193 "scheduled state co-operative bank"), shalt maintain in india, by way of cash reserve with itself or in current aceount opened with the rserveballk or the state c()ooperatlve bank of the state c:oncemed or by way of net balance in ~urrent accounts, 0,1", in the ease of·al'rima~ ~opera1ivebailk, with the central co-opera-~ tive bank of the district ,(-odcer,~ ·or in, one or more or such ways, a sum equivalent to at least three pe'r cent of the total of its"demand ilnd"titne liabilities in irtdib, and shall submi!t to the retjenre"lmnk b~;:lt'e th" flfteenth day of every month a return showing the amount so held on friday of each week of the pre- 35 eeding month wtth particulars of its demand and time liabilities, in india on eben slxhfriday, or, if any such friday is a public holiday under the negotiable instruments act, 1881, at the close 28 of 1881 of business on the pre~edin~ working day e3:planation-in this section, and in sedtion ~--40 , (a)' "liabilttte~ in ltl8ia" shall nbt inalu&;-(i) the paid-up capital or the reserves' or any credit belanee in, the , profit and 1088 iccount,of the co-operative bank; ', (ii) any advance taken from a state government, 45 tile ~serve bank the indll~tria1 development bank of ~ or' the aericuttural l\efblance and development cal'porationj 5 (iii) in the case o£ a state or central co-operative bank, also any deposit of money with it representing the reserve fund or any part thereof maintained with it by any other co-operative society within its area of operation, and in the case of a central co-operative bank, also an advance taken by it from the state co-operative bank of the state concerned; 10 :u" (iv) in the case of a primary co-operative bank, also any advance taken by it from the state cq-operative bank of the state conce-rned or the central co-operative banja of the district concerned; i '" (v) in the case of any co-operative bank, which has granted an advance against any balance maintained with it, such balance to the extent of the amount outstanding 1n respect of such advance; and (vi) in the case of any co-operative bank, the amount of any advance or other credit arrangement drawn and availed of against approved securities; 20 30 (b) the aggregate of the liabilities of a co-operative bank to the state bank of india, a subsidiary bank, a corresponding new bank or a regional rural bank or a banking company or any other financial institution notified by the central government in this behalf shall be reduced by the aggregate of the liabilities of all such banks and institutions to the co-operative bank; (c) any cash with a co-operative bank or any balance held by a co-operative bank with another bank, shall not, to the extent such cash or such balance represents the balance in, or investment of, agricultural credit stabilisation fund of such co-operative bank, be deemed to be cash maintained in india; 35 (d) "net balance in current accounts" shall, in relation to a co-operative bank, mean the excess, if any, of the aggregate of the credit balances in current account maintained by that co-operative bank with the state bank of india or a subsidiary bank or a corresponding new bank, over the aggregate of the credit balances in current account held by the said banks t ' b ks'" with such co-opera lve an ; ; (tji) for clause (m), the following clause shall be substituted, namely:-i (m) in section 20a, in sub-section (1),-- of 1958 (i) the words and figures unotwithstanding anything to the contrary contained in section 293 of the companies act, 1956" shall be omitted; 45 (ii) in clause (a), for the words "any of its directorb", the words "any of its past or present directors" shall be sub-~tuted;'; , " " (vii) for clause (0), the following clause shall be subs,tituted, diidely:-'(0) in section 22,-(i) for bub-section (2), the following sub-section shall be substituted, namely~-5 "(2) every co-operative society carrying on business as a c~peratjve bank at the commencement of the banking laws (application to co-operative societies) act, 1965 shall before the expiry of three montbs from such 23 of ~ commencement, every co-operative bank which comes 10 into existence as a result of tbe division of any other c0-operative society, or the amalgamation of two or more cooperative societies carrying on business in either case sa a co-operative bank or banks - the commencement of the b8i"kfng laws (application to co-operative societies) 15 act, 1965 or at any time thereafter shall before the expiry of three months from its so coming into existence, every primary credit society which becomes a primary co-operative bank after such commencement shall before the expiry of three illdnths frqlll the date on which it so zo becomes a primary co-operative bank and every c0-operative society other than a primary credit society shall before commeneing banking business in india, apply in writing to the reserve bank for a licence under this aection: 25 provided that nothing in clause (b) of sub-section (1) shall be deemed to prohilhit-(i) a co-operative society carrying on business as a co-operative tank at the commencement of the banking laws (application to co-operauve societies) 30 act 1965' or 23 of 1966 , , (ii) a co-operative bank which has come into existence as a re'sult of the division of any other cooperative society, or the amalgamation ofi two or more co-operative societlies carrying on business, in 35 either case, as a co-operative bank or banks at the commencement of the banking laws (application to co-operative societies) act, 1965 or at any time thereafter; or (iii') a primary credit society which becomes a 40 primary co-operative bank after such commencement, from carrying on banking business until it is gran,ted a licence in pursuance of this section or is, by a notice fnl writing, notified by the reserve bank that the licence 45 cannot be granted to it"; ,, i (ii) in sub-section (3) clause (c) shall be omitted;'; '(17iii) for elallse (q), ~he following clause shall be substituted; namel,:-'(q) in section 24,-5 (i) in sub-section (1), the words "after the expiry of two years from the commencement of this act" shall be omitted; ,(ii) for sub-sections (2) and (2a) , the following subsecbons shall be substituted, namely;-"(2) in computing the amoun,t for the purposes of sub-section (1) ,-10 2 of 1930& (a) any balances maintained in india by a ~ operative bank in current account with the reserve bank or by way of net balance in current account", and in the case of a scheduled state co-operative bank, also the balance required under section 42 of the reserve bank of india act, 1934, to be so maintained; (b') any balances maintained by a central cooperative bank with the state co-operative bank of the state concerned, and 20 (c) any balances maintained by a primary cooperative bank with the central co-operative bank of the district concerned or with the state co-operative bank of the state concerned, shall be deemed to b~ cash maintained in india 2s 23 of 1963 30 " i jv (4::a) (a) notwithstanding anything contained in subsection (1) or in sub-section (2), after the expiry of two years frqlil the commencement of the banking laws (application to co-operative societies) 'act, 1965, or ot such further period not exceeding one year as the reserve bank, having regard to the interests of the co-operative bank concerned, may think fit in any particular case to al1)w-(' (i) a scheduled state co-operative bank, in addi" tiqn to the average daily balance which it is, or may be, required to maintain under section 42 of the reserve bank of india act, 1934, and 3s 2 of 1934 40 4s (ii) every other co-operative bank, in addi,tion to the cash reserve ~hich it is reqlrired to maintaid under section 18, shall maintain in india in· cash, gold or unencumbered approved securities, valued at a price not exceeding the current market price, an amount which shall-not at the close of business on any day be less ~han twenty-five per cent, or such other percentage not exceeding forty per cent, as the reserve bank may, by notification in the official gazette, specify of the total of its demand and time liabilities in 1ndia; (h) in computing the amount for the purpose ot clause (a), the following shall be deemed to be cash maintained in india, namely:-(i) any cash or balances maintained in india by a c\;roperati ve bank, other than a scheduled state co- s operative bank, with itself or in current account with the reserve bank or with the state co-operwtive bank of the state concerned, or by way of net balance in current accounts and, in the case of a primary co--operative bank, also any balances maintained with 10 the central co-operative -bank of the district concerned, in excess of the aggregate of the cash or balances required to be maintained under section 18; (ii) any balance maintained by a scheduled state co-operative bank with the reserve bank in excess 15 of the balance required to be maintained by it under section 42 of, the reserve bank of india act, 1934; 20t 1934-(iii) any net balance in current accounts erplanation-for the purposes of this sub-section-(a) approved securities, or a portion thereof, 20 representing investment of agricultural credit stabilization fund of a co-operative bank shall not be , deemed to be unencumbered approved securities; (0) in case a co-operative bank has taken an advance against any balance maintained with the 25 state co-operative bank of the state concerned or with the central co-operative bank of the district concerned, such balance to the extent to which it has been drawn against or availed of shall not be deemed to be cash maintained in india"; 30 (iii) in sub-section (6), in clause (a), for the words "fourteen days", the words "thirty tlays" shall be bub~t:u~t~d·': - "0-(i%) after clause (q), the following clause shall be inserted, 1ullj1ely: -'(qq) after section 24, the following section shall be inserted, 35 namely:-power to exempt "24a without prejudice to the provisions oil section 53, the reserve bank may, by notification in the ofticial gazette, declare that, for such period and subject to such conditions as may be specified in such notification, the whole or any 40 part of the provisions of section 18 or section 24, as may be specified therein, shall not apply to any co-operative bank or class of co-operative banks, with reference to all or any of the omees of such cp~operative bank or banks, or with reference to the whole qr any part of the assets and liabilities of such co-operative bajnk or banks"'; 4s (x) in clause (w) relating to the modincation ot section 15- , ,(a) in sub-clause (i), for item (b), the following item shall be substituted, namely: _ ' , , (b) the following ,proviso shall be insetted at the end, namely:-s 10 "provided that the reserve bank may, jf it considers it necessary or expedient so to do, cause an inspection to be made of a primary co-operative bank under this sub-section by one or more officers of a state co-operative bank in the state in which such primary co-operative bank is registered" '; (b) sub-clause (iii) shall be re-numberei as sub-clause (w), and before sub-clause (iv) as so re-numbered, the following subclause shall be inserted~ namely:-'(iii) after sub-section (4), the following sub-section shall be inserted, namely:-20 "(4a~ without prejudice to 'the provisions of subsection (4), the reserve bank may, if it considers it necessary and expedient so to do, supply a copy of the report on any inspection to the state co-operative bank and the registrar of co-operative societies of the state in which the inspected bank is registered" 'j (xi) for clause (z), the following clause shall be substituted, namely:-'(z) in section 36, in sub-section (1), clause (b) shall be omitted, and for clause (d), the follqwing clause shall be substituted, namely:-, (d) at any time, if it is satisfied that for the re-organisa-~ ' ¥o~ or expansion of, co-operative credit on sound lines it is necessiil'y so to do, by an order in wrijting and on such terms atrdconditions as may be specified therein,-3s (i) depute one or more of its officers to watch the proceedings at any meeting of the board of directors of the co-operative bank or of any other body constituted by it require the co-operative bank to give an opportunity to the officers so deputed to be heard at such meetings and offer such advice on such matter as such officers may consider necessary or proper for the reorganisation and expansion of co-operative credit 01' sound lines, and also require such officer to send a rep"t of such proceedings to the reserve bank; i (ii) appoint one or more of its oftlcers to 0 the manner in which the a1f8lirs of the co-operatiw 011' its offices or branches ~are being cooducted ajji1 ' ' ' report thereon"';; r:' (:ni) for clause (zc), the following clauae shall be substttuted, namely:-'(zc) in section 46,-(i) clause (iii) of sub-section (4) shall be omitted; (ii) in clause (4) of the erplanation" after the wofds 5 "includes a", the words "co-operajtive society" shall be inserted;' chapter v amendments to the state bank of india ac:r, 195536 in the state bank of india act, 1955 (hereafter in this chapter ro 23 c1f 1955 referred to as "the state bank act"), after sectiolll 35, the following section shall be inserted, namely:-inlertion 01 new sectioil 8m arrangement with the state bank on appointmentol directors to prevail "35a (1) where any arrangement entered into by the state bank with a company provides for the appointment by the state bank of one or more directors of such company, such provision and is any appointment of directors made in pursuance thereof shall be valid and effective notwithstanding anything to the contrary contained in the companies act, 1956, or in any other law for the time being in force or in the memorandum, adicles of association or any other instrument relating to the company, and any provision regard- 20 ing share qualification, age limit, number of directorships, removal from office of directors and such like conditions contained in any such law or instrument aforesaid, shall not apply to any director appointed by the state bank in pursuance of the arrangement as aforesaid (2) any direetor appointed as aforesaid shall-(4) hold office during the pleasure of the state bank and may be il"emoved or substituted by any person by order in writing of the state bank; (b) not incur any obligation or liabilitv'l}l·b· b t' "t\j~u,s , 'to ,ijha e su ~ ', - pi'· - his being a director or for anything don, -'~ l" ,_" ~~ in good faith in the discharge of hi'~ jties as a director 01 anything in relation thereto; h -, it (c) not be liable to retiremen' ~ rotation and shall not be taken into account for computtnp /dumber of directors hable 35 to sueh retirement" ' 3'7 in section 40 of the state bank' amend mentot lit!dion 40 " ~ (i) fot sub-section (1), the fol ig sub-section shall be lubstt· tuted, namely:-\ "(1) the state bank shall furnish to the central govern- 40 , ment and to the reserve bank its balance-sheet, together with \the profit and loss account anel the auditor8~ report and a report by the central board orr the working and aetlvtties of the state bank durina the period clvered bytheaecouna"; (ii) after sub-section (3), the following sub-sec:tion shall be inserted, namely:-"(4) the central government shall cause the auditors' report and the report on the working and activities of the state s bank to be laid, as soon 8s may be after they are received, 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 sessionsu - 38 in section 42 of the state bank act, in sub-section (2), after the 10 word "working", the words "and activities" shall be inserted amendmentol section 42 39 in section 43 of the state bank act, in sub-section (2), for the words "as may be", the words "as may, by general or special order, be" shall be substituted amendmentol section 403 40 in section 49 of the state bank act, after sub-section (2), the i s following sub-section shall be inserted, namely:-amendment of section 4e "(3) every rule made by the central government unqer 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 ofi thirty days which may be comprised in one session or in two or more 20 successive sessions, and if, before the expjry 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 fonn or be of no effect, amendmentof section 50 25 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" '1 in section 50 of the state bank act, after sub-section {3), the following sub-section shall be inserted, namely:-30 "(4) every regulation shall, as soon as may be after it is made under ,this act by the central board, be forwarded to the central r: teec~~ and that government shall cause a copy of the same to be ·~;;-ea~h house of parliament while it is in session for a total period of thirty days, which may be comprised in one session or 3! in two~'-l&vre~essive sessions, and if, before the expiry of the sesslon immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the regulation or both houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form 40 or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validiy of anything previously done under that regulation" chapter vi amlalbmjdmi'to 'i'ri: statj: bank of india (subsidiaj(y banks) a t, 1"938 of 1l1li 45 a in the state bank of india (subsidiary banks) act, 1959 jlereafter in thia chapter referred to as uthe subsidiary banks act"), in ,:bapter vi, insertiod 01 new aection 31a, after section 38, the following section shall be inserted, namely:-ci38a (1) where any arrangement entered into by a subsidiary bank with a company provides for the appointment by the subsidiary bank of one or more directors of such company such provision and any appointment of directors made in pursuance thereof shall 5 be valid and effective notwithstanding anything to the contrary contained in the companies act, 1956, or in any other law far the 1 of 1956 arranpment with subsidiary banks on appoint mentof directtors to prevail time being in force or in the memorandum, articles of association or any other instrument relating to the company, and any provision regarding share qualification, age limit, number of directorships, 10 removal from office of directors and" such like conditions contained in any such law or instrument aforesaid shall not apply to any director appointed by the subsidiary bank in pursuance of the arrangement as aforesaid (2) any director appointed as aforesaid shall-is (a) hold office during the pleasure of the subsidiary bank and may be removed or substituted by any person by order in writing of the subsidiary bank; (b) not incur any obligation or liability by reason only of his being a director or for anything done or omitted to be done 20 in good faith in the di&charge of his duties as a director or any thing in relation thereto; (e) not be liable to retirement by rotation and shall not be taken into account for computing the number of directors liable to such retirement" 25 43 in section 43 of the subsidiary banks act,-amendmentof 1ecti0ll :i (i) in sub-section (1) ,-(a) in the opening paragraph, for the words "and the reserve bank", the words , the reserve bank al"d !h: ~entral government" shall be substituted; " 30 (b) for clause (a), the following clause shall be substituted, namely: -, '\ ' '-\ " ci (a) it balan<:e-sheet, together with the profit and loss account and the auditor's report, and a report by the board of directors on the working and activities of the subsidiary 3s bank during the period covered by the accounts; and"; ' '," (ii) after sub-section (2) - the following subeeti-cm shan be ;" inserted, namely:-" "(3) the central government shall cause the auditor' re-: port and the report on the working and activities of the subsi 40 :~iary bank to be laid, as soon as may be after they are received, ~ore each house of parliament while it is in session fora total petiod of thirty days which may be comprised in one dsilod or hi two or more successive sessions" f4 in section 44 of the subsidiary banks act, in sub-section (2) amendafter the word "working" the words "and activities" shall be inserted ment of lection 44 45 in section 53 of the subeidiary banks act, after sub-section (2) the following sub-section shall be inserted namely:-amendment of section 53 5 (3) where the state bank nominates any of its ofdcers as director of a subsidiary bank, such director shall not incur any obligation ,of liability by reason only of his being a dire<:tor or for anything done or omitted to be done in good faith in the discharge of his duties as director or anything in relation thereto ic) in section 62 of the subsidiary banks act, for sub1ection (3) the following sub-section shall be substituted, namely:-amendmentol section 62 is 20 " (3) :every rule made under' this section shall be laid, as soon as 'may be a1ter it is made, before each house of parliament, while it is in sesson, for a total period of thirty days which may be comprised in one session or in two or m:>re successive sessions, and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any' modification in the rule or both houses agree that the rule should not be made the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule " - , in section 63 of the subsidiary banks act, after sub-section (3), the following sub-section shall be inserted, namely:-amendmentof section 68 25 , (4) every !l'egulation shall, as soon as may be after it is made under this act by the state bank, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament while it is in session for a total r, ,35 perj~d 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 ~ ~(~~~:~ following the session or the su'ccessi~e sessions afo~esaid, " '~~ree in making any modification 10 the regulation or ~ houses agree that the regulation should not be made, the regulation shall thereafter have effect only in such modified form or be 91 aoeftet!t, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that regulation '"j" chapter vii aiondudfts to the ~ insurance and credit guarawr' corporation act 1961amend mentof sectiori 2 &'1 of 1981 48 in ection 2 of the deposit insurance and credit gu~tee cor- poratlo1lact, 1961 ~hereaf~~ i~ this chapter referred to 8~the deposit ':+·lnit1tat1ee corporation aet ) ,-)jl " (i) 'in clause (b), fo!l' the ~ords ~ tlgw-es c~:c-=cl~o:':! 45 and any other banking institution notified undersub ·d· b k" banking regulation act, 11,_" e wor an 1un th cis t d· si lary an 10 of 1948 shan be,substituted; (ii) in clause (i),-(a) after the words "banking company", the words "or a corresponding dew banko, "shall be inserted and shaube deemed to have been inserted with effect from the 1st day of july, 1971; s (b) for sub-clause (i), the following sub-clauses shall be substituted, and shall be deemed to have been substituted with effect from the 1st day of july, 1971, name1y:- (i) a banking company referred to in clause (4) or clause (b) of sub-section (1) of section 13, or 10 (ia) a corresponding new bank to which the provisioo8 of clause (a) of sub-section (1) of section 13 apply, ol'''; (i1i) in clause (k), the words and figures co, and includes any banking institution notified under section 51 at the said act after such commencement" shall be omitted is 49 in section 6 of the deposit insurance corporation act-(a) in sub-section (2), after the word, brackets and letter ''clause (d) ", the words, brackets and letter "or clause (e)" shall be inserted; amendment of section 6 (b) in sub-iection (3), in the opening paragrapn alter the word" braekets and letter "clause (d) ", the words, brackets and le~r "or 20 clause (e)" shall be inserted; (c) after sub-section (4), the following sub-section shall be inserted, namely:-"(5) if a director nominated under clause (e) of subsection (1)-2s (a) becomes subject 1x>t any of the disqualiftcations mentioned in clauses (a) to (d) of sub-section (3); or (b) is absent without leave of the board for more than three consecutive meetings thereof, his seat shall thereupon become vacant" 50 in section 11 of the deposit insurance corporation act, the words ipd bgures "or as the case may be, after it is notified under section 51 of _ said act" shall be omitted amendment of section 11 ~, in section 13 of the dreplsit insurance corporatioll ad, in subsection, (2), the brackets and letter" (b)" shall be omitted , 35 amendment of lection 13 amendment of beetlod 32 52 in -:tion 32 of the deposit insurance corporatiob act, id ~b­section (2), lor the words "for not less than thirty ~1lhdol'e each houie 01 parliament as soon as may be after each such report is received 1»7 the central government", tbe words "as soon as may be after they are ; i : received, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session er in two or more successive seslions" shall be substituted 53 in section 50 of the deposit insurance corporation act, after sub-s seotien (a" the following sub-seetion slwl be inserted, namely:-amendmentot section: 10 15 "(4) every regulation shall, as soon as may be after it is made under this act by the board, be forwarded to the central government and that government shall cause a copy of the same to be laid before each house of parliament while it is in session for a total period of thirty days which may be comprised in one sesmn or in two or more successivp sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houles agree in makin~ any modification in the regulation, or both houses agree that the regulation should not be made, the regulation shall thereafter have eft'ed only in such modified form or be o~ no eft'ect, as the case may be: so, however, that any sue!! modifteation or annulment shall be without prejudice to t~e vaudity of anything previously done under that regulation" chapter viii 20 amendments to the banking companim (acquismon and transfer of undertakings) acr, 19705011970 amendmentof section 3 h in the banking companies (acquisition and transfer of undertakinfnj) act, uno (hereafter in this chapter referred to as ''the bank nmionalilation act"), in section 3, in sub-section (5), for the words "one 25 or mare forms of business", the w:ords "one or more of the other forms of husiftess" shall be substituted 55 in the bank nationalisation act, after section 5, the following section shall be inserted namely:-"5a (1) where any arran~ement entered into by a corresponding new bank with a companv provides for the appointment by the cor-30 insertion of new section 5a arrangement with correspond_ __ ·~$a 35 in~ bank onap-p4'int-1lent of directors to prevail 40 respondin~ new bank of one or more directors (1f <'11ch company such pro~~ an~ ap'l:k1int~ent of di~ectors ~ade in pursuance theretec!il ;, ,~:,;jiiidtl!'and effective notwlthstanomg a,,,,thine: to ~he con-~ontained in the companies act 1956 or in anv other law for the time bein(! in force or in the memorandum articles of association (1r any other instrument relatincr to the company and any provi-~egailk mare qualification aile limit number n' c:hrectorship~ removal from officp of director!: aoo such like conditions contained m any such law or instrument aforesaid shall not apply to at"" dkeet-or appointed bv the et)nesp')nding new bank ill pursuance' of the arrangement as aforesaid (2) my director appointed a9 aforesaid shall-(a) hold oftice durin£! the pleasure of the corresponrlng new bank and may be rem(1ved or substituted bv any perso' by order in writing of the correspondin!! new bank; 45 (6) not incur any obligation ol" liability b~,:;1oft onlv of bis beine: a directnr or for anythin~ done or omhr- be done in "eod faitn in the discharge of his duties as r or or anything in relation theretoi (c) not be liable to retirement by rotatiod and shall not be taken into account for computing the number of directors liable to such retirement" amedclmeat 01 mdion 956 in the bank nationalisation act, in section 9, sub ection (5) shall be re-numbered as sub-section (6) and before sub-section (6) as so 5 re-numbered, the following sub-section and ezplgft4tion shall be inserted, namely:-'(5) on and from the date of coming into operation of a scheme made under sub-section (l) ,-(a) the scheme shall be binding on the corresponding new 10 bank or corporation or corporations or banking institutions, and also on the members, if any, the depositors, and other creddtors and employees of each of them and on any other person having any right or liability in relation to any of them including the trustees or other persons, managing or in any other ~er is connected with, any provident fund or other fund maintaided by any of them; (b) the properties and assets of the corresponding new bank or, as the case may be, of the banking institution shall, by virtue of and to the extent provided in the scheme, stand transferred 20 to, and vested in, and the liabilities of the corresponding new bank or, as the case may be, of the banking institution shall, by virtue of, and to the extent provided in the scheme, stand transferred to, and become the liabilities of, the corporation or cor- 2 porations brought into existence by reconstitution of the bank-5 ing institution or the corresponding new bank, as the case may be -e%pzanation-in this section, "banking institution" means a banking eompany and includes the state bank of india and a subsidiary bank' 30 57 in section 10 of the bank nationalisation act,- -,w " amendment of ~on'lo(i) after sub-section (4), the fcllowing explanations shall be inserted, namely:-\ "explanation i-for the purposes ofi this act,- \ "\ "\ \, (a) the balance-sheet shall not be treated ai· not di~clos- 35 tng a true and fair view of' the affairs of the corresponding new bank, and (b) the' proftt and loss account shall not be treated as not showing a true balance of profit or loss for the period vered by such account, 40 mere! by reason of the fact that the balance-sheet or, as the case m be the proftt and loss account, :does not disclose any matters ch are, by the provisions of the banking regulation act, 1949, ad with the relevant provisions of this act 'or any 10 of 1940, other act, required to be disclosed , 45 explanation ii-for the pu'l"poses of this act, the accounts of the corresponding new bank shall not be deemed as having not been properly drawn up on the ground merely that they do not disclose certain matters if- (i) those matters are such as the corresponding new bank is, by virtue of any provision contained in the banking regulation act, 1949, read witfi the 'l'e1evant provisions of this act, or any other act, not required to disclose; and (ii) the provisions referred to in clause (i) are specified 10 in the balance-sheet and profit and loss account of the corresponding new bank or in the auditor's report"; (ii) after sub-section (7), the following sub-section shall be inserted, namely:-"(7 a) every corrt-sponding new bank shall furnish to the 15 central government the annual balance-sheet, the profit and loss account, and the auditor's report and a report by its board of directors on the working and activities of the bank during the period covered by the accounts"; (iii) in sub-section (8), for the words "for not less than thirty days 20 before each house of parliament as soon as may be after each such report is received by the central government", the words "as soon as may be after they are received 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" shall· 25 be substituted; (iv) after sub-section (r), the following sub-section shall be in~ serted, namely:-ii (9) without prejudice to the foregoing provisions, the central government may, at any time, appoint such number of audf-30 tors as it th:nks fit to examine and report on the accounts of a corresponding new bank and the auditors so appointed shall h~ve';a?:r~· • "1js ~ts, privileges and authority in relation to the ~ ~~~counts of the corresponli~ng new bllnk which an a'i:jw]yf' appointed by the corresponding new bank has under 35 this section" - \ /1, \ \ i ',i ' j& in ~lfiiftro'hhe bank nationalisation act, after sub-section (3), tbe following sub-section shall be inserted, namely:-amend-ment ot section 19 45 "(if) every re~laflon shall as soon as may be after it is made under this act by the board of directors of a correstlonding new bank, be forwarded to the central government and that government s1aa11 cause a copy of the same to be laid before each house 01 parlia-,ment, while it is in session, for a total period of thirty days which maybe 'comprised in one session or in two or more successive sessions, and if,before the expiry of the session immediatelv following the session or the successive sessions aforesaid, both housrs agree in making any modification in the re~latfon or both houses ali{l'ee that the regulation should not be made the regulation sjl1jj thereafter have effect only in such modified form or be of no erect, as the case may be; so, however, that any such modification or andulment shall be without prejudice to tbe validity of ~thing previous1y done under that regulation&> chapter ix akmidmdts to nu: rbmenal ruiw banks ar:r, 1976 s21 of 19'16 5 • in section 19 of the regional rural banks act, 1978,-am~d­ment of iectioo 19 (i) in sub-section (1), for the words "central government", the words and figures c'reserve bank of india constituted under section 3 of the reserve bank of india act, 1934," shall 'tie substituted; 201 1934 (ii) in sub-section (2) for the words c'regionalrural bank may 10 fix with the approval of the central government" the words ''reserve bulk may, in consultation with the central government, flx" shall be substituted; - (iii) tn sub-section (4),-(a) in the openin~ para~aph, after the words c'shall make is 8 l'enorl to that bank", the words "and the central government" shall be fnserted; (b) in cllulle (e) after the wol'ds cto the notice of the re-2ional rural bank" the wol!ds cland the central government" shall be inserted 20 21 of 1976 6ft tn i':f>~tion 20 of thf' 're~onal rural banks act, 1976 the followfdl! proviso shall be inserted at the end, namely:-amendment of section 20 "provided that the central government mav, if it conslifers it necessarv so to do in any case extend, the saiet j)erfoet of slxtv days for the fumishine; of the renort by such further period or periods not 2s 21 of 1976 exceedfn~ sixty days in the aggregate" --81 section 30 of thp rellional 'rut'al bank!; art 1976 shalt be re-numbered lis sub-r~ction (1) thereof !'met rfter !rub-i':el'tion en as so re-numbered, the following inth-sedion !;hall be inserted, namelv:-amendment of lection 30 cc (z) everv rel1u1ation shllll as soon as may be after it i!ll ",ade 30 under thir act bv the bnard he forwarded to the central government and, thrt government shall ca11:'qe " cnmr of the same tf)bp lrid before each house of parliament whhe it i8 in session for a total ~od of thirty culys ",latch may be comprised in one session or in twoot' more ~ccessfve sessions and if before the expiry of the session immeff'at,]v 3s follow\nf! the !l!e!!rinn or thf' ~lcc9mive 8emtons afo1"esrff! both "oua-es agree in making any moduication in the rejtwation or both hourpi': agree that the resmlatjon sho~ld not be- made the rectulation· shan thereafter have effec:t onlv in such modhi@d fonn ot be of no effect as the ~se may be: so however that aftv such mnmfteatfon or an- 40 nulment, shall be without 1jreju~e to the valtdity of ~nyft\fnti· -previously do~ under tbat regulauoft" sta±ement of objects and reasonsthe bill seeks to amend the bankers' books evidence act 1891 the reserve 'baftk 'of india act, 1934, the banking regulation act: 1949: the state bank of kldia act, 1955, the state bank of, india (subsidiary banks) act, 1959, the deposit insurance and credit guarantee corporation act, lt61, the banking companies (acquisition and trander of undertakings) act, 1970 and the regional rural banks act, 1m, in purswlllce of the recommendations of the banking commission and of the committee on subordinate legislation and also in the light of the experlenee gaibed in the administration of those ads the following are the !l'lol'ie important of amendments proposed in the biu:-(i) it is proposed to provide for the facility ~ nomination to a 'deposi'to'!", to nominate a person who could be paid, on the depoliter' death, the amount to the credit of the depositor's accounts likewise, the ilominee ~f a person who has kept articles in safe custody with the bankers or has hired a lockler will be able to get the articles kept in the bank's safe custody or locker in the event ofi the death of such a person the banks wi'n be required to keep an inventory of the articles returned to the persons concerned in the jii8lidier as may be directed by the reaerve bark flom time to time (ti) '!be scope of the purposes for which banks can form subsidiaries is being widened (iii) it is proposed to authorise the reserve bank of india to increase the liquidity ratio to be maintained in india by banks from 25 per cent up to a maximum of 40 per cent of the total demand and time liabilities of banks in india and also to empower the reserve bank to impose a penalty on banks which do not comply with 'the liquidity requirements of section 24 ofi the banking regulation act, 1949, on the lines of similar provision regarding mam'tedalloe of ,cashreaerves contained in section 42 of the reserve buk of iadia act, it34 (w) seetlons 45r, 45s and 45t of new chapter iilc, sought to be fn8~ ;tr\eacs~rve bank of india act, 1934, provide that f' jio'1i1d!vidu!lt ar "bffii or ';m unincorporated association of individuals shan at any tiihe, have deposits from more than the specified iud!lber of deposrtbrs mentioned therein the officers <sf the reserve dank or the state governments, authorised in this behalf will have ~w:j'';'11 search warrant from a court so as to enable tnem to· enter into and search any premises suspected to be used for purpose» connected with the receipt of deposits in contravention of the provisions of the act and also to inspec:t and seize registers, books of accounts and other documents ~) provision is being made to empower the reserve bank to grant medium term loans from the national agricultural credit (stabillbation) fund to state co-operative banks by way of reimbursement of medium term conversion loans granted by the latter owing to drought, famine or other natural calamities, if the state co-opera:tive bank concerned has no due'3 in respect of the bllla of, exchange and promissory notes outstanding to the reserve sank " tbestabiliution fund is also proposed to be utilised for giving relief wherever crops are damaged on account of war or military operations with another country the period o~ repayment 'is proposed to be extended from five years to seven years (vi) it is proposed to amend the state bank of india act, 1955 and the state bank of india (subsichary banks) act, 1959 for laymg before each house of par~iament, as in the case of natonaliaed banks, the auditors' report and the annual report on the working of the activities of the banks (vii) the banking regulation act, 1949 is being amended-(a) to empower the central government to frame rules specifying the periods of the preservation of the various types of records, such as, books of accounts and documents required to be maintained as also of the different instruments paid by it; all (b) to provide that banks may return at the request of a customer a paid instrument before the prescribed preservation - period, only after making and keeping' in the bank's possession a true copy thereof made by mechanical processes ,(viii) the bankers' books evidence act, 1891 is being amended-(a) to provide that during police investigations it would be sufficient for a bank to produce before police authorities certified copies of relevant extracts from its books unless the production of copies is considered not adequate by an officer of a rank not lower than a superintendent of police; (b) to make it clear that if, the original documents are destroyed by a bank in the usual course of its business and documents have been microfilmed before such destruction, the positives of the films shall be admissible as evidence provided they are properly produced and proved in court (iz) it is further proposed to amend the state bank of india act, 1955, the state bank of india (subsidiary banks) act, 1959 and the banking companies (acquisition and transfer of undertakings) act, 1970 so as to provide a certain me~~1,ll'~, of protection to th~ directors nominated by such banks on i~ boarda of ~ompanies assisted by them against prosecution as a result of non-compliance with provisions, like, share qualification, age limit, n~ of directorships, removal from office, retirement by rotation, etc, contained in the companies act, 1956 or any other law or the memorandum or articles of association of the concerned unit (::) it is further proposed to include the usual provision for laying of rules and regulations made under acts before parliament in the banking regulation act, 1949, the state bank of india act, , ,)950, the st\lte bank o£ india (subsidiary banks) act, ;1969, the ~i!posit insurance and credit guarantee corporation act, 1961, the banking companies (acquisition and transfer of undertakings) am, 1970 and the regional rural banks act, 1976 2:' the ,notes on clauses explain in detail the various provisions cont:~ined in t'tje bill new dam; h 'm~ patel the 15th december, 1978 cztwse 2-this clause seeks to substitute clause (4) of aection 2 of the bankers' books evidence act, 1891 so as to amplify the deftnition of t4e term "legal proceeding" by including therein any investigation or inquiry under the code of criminal procedure, 1973, or under any other law for the time being in force for the collection of evidence conducted by a police officer ~r by any other person (not ~g a magistrate) autilq-psed in this behalf by a magistrate or by any law for the time being in force this clause also seeks to amend clause (8) of the said aection so as·to provide that a copy made from the original document by mechanical or other process insuring the accuracy of such copy, together with a certificate to that effect, as also a copy prepared from the origlnal docu· ment prior to the destruction of the original by a bank in the usual course of its business, together with a certificate to that effect, shall be admissible in 'evidence these amendments are based on the recommendations cd! the banking commission this clause further seeks to mcorporate a new section in the bankers' books evidence act, 1891, 10 88 to provide that the order of a court or judge for production and inspectiod of boob of the bank shall be construed as referring to an order made by an ojbcer of a rank not lower than a superintendent of police as may be apecifte4 ill ,this behalf by the government by which the police officer or any other person conducting the investigation or inquiry is employed cla1tse 3-under section 45 of the reserve bank of india act, 1934, the reserve bank may appoint any other bank, except the state b8dk or a subsidiary bank, as its agent only under the direction of the central government this clause seeks to amend this section permitting any payments required to be made into the reserve bank or in any bills, hudcii8 or other securities, required to be delivered into the reserve bank udder any law, to be delivered to, or paid into, the agency bank clause 4-this clause· seeks to amend section 451' of the reserve bank ()f,i\,\'liia p~~ so as to revise the existing definition of the terms ··dep tee\ i¥ • ~, ~d make consequential amendments as a result ot the rr:s~ of' n~section 45s in the act vide clause 5 clause 5-this clause seeks to insert new sections 45r, 45s and 45t under new chapter iiie of the reserve bank of india act, 1934, 80 88 to prqvide th~t liq~dual or firm or ~ unincorporated association ot indivi~uals shall, at any time, have deposits from more, than the number at depositors mentioned therein it also seeks to vest m the oftlcers of the reserve bank or the state governments, authorised in this behalf, the power to obtain search warrants from a court so as to enable them to enter in to and sea~ch any premises suspected to be used for the purpoml ~onnected with the receipt of deposits in contravention of these provisiodl, as also to j'nspect and seize any registers, books of accounts and docu· ments or any literature found therein such warrants shall be exeeu~ in the same way and shall have the same effect as a search warrant iiil1 tmder the code of criminal proce,dure i cz 6 ouse-thl' clause seeks to amend section 46b of the reserve bank s mew term loana from 1be at india act so as to empower it to grant um national agricultural credit (stabilisation) fund to state c()-()perativa banks by way of reimbursement of medium term conversion loans granted by the latter owing to drought" famine -or other natural: calamities, it the state co-operative bank: concerned has no dues in respect 0' the bill ~ f'-e""imbe' and pi'o!rilildrr notes outstanding to the reserve bank the ~ stiiimliaitibn)1\m4 js also plioposed to, be utilised for giving relief whei'--(8vw c:ropa' are <lamased on account of military ~tions with ailother, -,:eotmtry: tile ,period 'of repayment of medjmn term loans sanctioaed to b' state "co-operatlve" banks is proposed to be extended from five ye8!l' io en yeara' , ~ ,:, l, i 1·,,;gjaw~'7 gad 8~th,ese clauses seek to amend respectively smdon •• _d sectioll sse of the reserve bank of india act with a view to 1~:tor penalties for· contravening the provision ot new section 45s , qf iha~,act; n ';,,' :~~¥se 9-th;if ,cia" seeks to amplify the existing definitions ,in sectioq'~ ~f the banking ,regulaiion act, 1949 of the term "approved 'iee\l ,ritieaf',lt;·a4o seeks to incorporate in that sectilon the c:leftaitions otthe ~ "agric~tural refinanoe and development corporation", "corne-1p9~g ~,bank", "iddwltrial development bank of india", "regional ~:~" ",~ bank", and "state bank of india" j-"<~, i" ; cl4~ jo-tlua clause js consequeatial to the inclusicm in seetiod' & g! the :s8nkingiwlgwation act, 1949, of a deftnition of the tend "con __ ponding new bank" ~1' i', ;~~ 11~~ clause i consequential to the' amendment made bj ~o1i '5' of th'e xgrl~fural' reft11ance corporation (ajnenamen~ act, '11m by' wtrlt-h'agrkditul-aj ~ftnanc'e corporation has been renamed sa ~tura1 'ftefininice and development corporation i r~: ,'~ '\ ' ,'\," - clause 12-'rif1k clause 'seen to amend section 7 of the b~ begu-~ act, 1t49,so, as ,to clarifytberein that no, ~ otha': thm a :ntawng ,~~ shall ;use bl!ly of the words, piz "ba:&~,', ~ba~ or ~h~'''l'u'pari of itaname, or even in ~ wltn da busineae ,czause,13-:tbis clause seeks to amend section 8 of the banking beau-:bluod: act/f9d~in pumurnce q1 the reconunendatlon of the banktdg com· ~oll' to"proviae'~al the provisions of the said section do not' btt the b~~which the 'central gov-emment may sp~1fy under section ",(t)(o) ~'iu; a'fortb''of busfuess'in which it is lawful tor a banlting compant f61-j~tli· '" , ',)ii ~ilo ,~ ~" cuz~·l4-this c18use'seeks:'to amend section lob of ' the banldbf ~~~~n, act;' r~; ~ as to ~ inapp1i~able' to' banks witli',depos1-r: 9f""lts 10 erores or less, the'mandatory provision' of tbts sectlatx'that eftl'j: ti~n~,,,c~~y ~~a~'have a ~hoie-tjme chairman this cla~'''' w pro~4~ that once the deposits of a bank have aggregated lb it crorei or'mo~e, it 'sha11always have such a w'hol~t1m'e chaitman eved" though its deposits may, rater, go below rs 10 crol'es this clarlj'furtliet' seeu to ppo'ritte 'that a chairman whose term at oftice bas coide" to- lid cd iacitertatn dlwll1s'la1lcea shall, aubject to the approval of the' b - ve bank, continue in office until his iuc~ 8yum81 omce : " -!-,,,i , - i ~e 15-t~ elauee seeks to insert a new section lq~b, in :~ b~kin8' re~ation act, 1949,80 as to empower the reserve, ~d,k to, aq)_ pomt, pending agreement between the reserve bank and the' banking -company concerned, any person as the chairman of that bankiqgcpdij)any when the offlce of its chairman remains vacant fora,long ~ -an~ ,w~~, tnthe op~on of the reserve bank, the interests oi the,said'lj~,cswl­pany are likely to be adversely affected hy ~the smd office $0' iemar~418' vacant , r, (' cl4u1e 16-this clause seeks to substitute section' loe of ~e ,b~g regulation act, 1949, so as to provide that a chairn)an, ,of a bim~ cq~­rpany whether appointe~ by the banking company jtseu or br' thej~~~i:ve bank, shall not be required to bold any ;qualifi,catipn sbar:es in ~~e ~wt-1", company , - ~ ! i clause 17-this clause seeks to substitute section 18 'of the j~~ilkful regulation act, 1949, so as to provide, in accordance with the ~mmen dations of the banking commission in this behalf, tha,t the cash "serve which t!very nlon-scheduled banking company is required to l1)atn~l3fn in india shall be maintained by it only with )e reserve b~k a~4' not, with the reserve bank or the state bank or tndfa or ;my otlt~r ~abk notified by the central government in this behalf at the"s~llle tfm~: it , -, ( ' i( seeks to introduce the concept of "net balance" for tbe purpose of atjrv ing at the amount of "balance in current account" whicq ,is to be ~reated a! liquid asset in terms of this provision, each bank will be requi1"e'd to work out the difference between the balance1l held by, it i~,\~ent aecount with the public sector banks and the balances whicry ,ther p~p,1fc sector banks mav have in current account with it and include in its liquid 9ss~ts only the ·~xcess if an:v of the former o,'er the latte~ th~ cllf\'l"le further seeks to modlfv the definition of tile tf'rm "liabilities in rn~na" ot'alrring in the "e:rplanati01l" below existing' section 18 dr n~e afo:~e­said act in respe~t of which minimum ('ash balances ,are' t, b~~atn­tained by everv banking comp~ny, not peint:r a scheduled bank !~ the ease of a bankin~ company not being" a scheduled bank, only ~he"eet ljl:lbflitv of that bank to th!' entir? ban~7in~ system, that is, after decftl(,-flon ~f tt\i ~r~~es 1ntained by it :"ith all ~th~r b~nks ~r~m it~ l!t'os~ in ', __ ~,:~' er hanks ~mn he deemed ~ be its !ni"'~llo/ to tors of'{'ftnks, 1 rposes of sections 18 and 24 of the s9f~ act hirers of safety " the manner lau1le seeks to amenrl !'!edion 1!l of the tia!!kfl1lr under the said so as to ampur", in pursuance of the 'recomh:ten~li-,c~~~! the p ~ commission the sec"", of the gaid 1leot'llon "rfth a view t, enahl nt! t ~ 'banks to form lnlbm<li;)ri~~ for ~ar'1':vin'st ono"p',o!' mo~e' kinds of hu'line!>s which the'v tire permitted to enra~ \hi; ot' ~h1ch mliv be ('on-:1urive to, the 1lprnir'! (if bn"ki,,!! in tnrliq at present, -the l'o~er of the banks ir connncrl ot\h, to ""ormtion, elf subsidiartes for undertakinq; and executin~ tmlstc; ooministratio" r (')f 'ec:tates as ~tltor tru!':tees or· otherwise, the providin~ of sa"c rl('posit vault!':, ctr clcrtte 19-this clause seeks to pm~,a s(>cti~n 20(1) (h) nm~"'f thp bankin(! re!!ulation art, lr149 l'lo as to provl~e that a banjdn!{f·c9pm~iny ig pre~luded from ~antjn!:! nnv lo"lns ~r ~dvano:'e~,to ~sp~lij,i;llary or hnmln~ eompnnv eve''' when the b~nkin~ c(')mp~t1:v s dli1'ctt)t ,is only 4mter~ted in th; hclldjng compam"s ~\lb~ldiar;v qr ~ h~e bolding-hmpttny 'of the subsidiary as director, managing agent, manager, employee or guarantor or in which he holds substantial interests clmire 2o-this clause seeks to amend sub-s~tion (3) of section 22 ~ the banking regulation arl, 1949 so as to widen the scope of the matters which the reserve bank may consider before granting a licence to a company 'to carry on banking business in india ' , clauae 21-th'is clause seeks to amend section 24 of the banking ~atton act, 1949, so as to em-power the reserve bank to incr~ase the llquid,ity ratio which the scheduled and non-scheduled banks nre required to tnaintain in india" from the present statutory minimum limit of 251 per cent to a maximum o~ 40 per cent of their total demand and time uabuites in india the cl~use also includes amendments consequehtial to the amendments proposed to section 18 of the act; vide clause 17 of the bill cl4use 22-this clause seeks to amend sectiop 29 of the banking ~lation act 1940, so as to clarify that the period soccified in subeect:lon (3) of section 210 of the companies act, 1956 relating to preparation of the balance-sheet and profit and loss account shall in the case ~ a banking company, be the period ending with 'the jast working day 01 the year immediately preceding the year in which its annual general m~ting is held cl4uae 23-this clause seeks to amend section 35b of the ;bjlnking regulation act, 1949 90 as to make the reserve bank's approval neccssny for any change in the maximum permissible number of directors of a banking company it a1s> seeks to remove the existing' dual control in regard to the managerial remuneration in the case of a banking c~m­'pany, one bv the reserve bank under section 35b of th rankin[! re(l'il-jation act, 1949 and the other by the government of india in the cil"'cumstances mentioned in sub-section (4) of section 198 of the companies act,1956 cicmse 24-this clause seeks to amend secfl~i36ab of the bankiii~ regulation act, ,1949 so as to remove the limit on the number of adcli tiona! directors which the reserve bank can appoint under that section ('lause 25-under section 464 of the companief act, h}56 as amend-- in 1980, the high court may' digpense with the appo1ntment f)f a committee of inspection thi,~ clause seek!': to " mdkl" t'nnsequential amendments to section 42 of the banking pegula~ion act, 1949 - clatme 2s-in additfon to making some textual changes in section:' 45 of the banking regulation act, 1949, this clause seeks to amend:' (i) sub-section (8) clf the aforesaid sectif)n !;o as to makr- it ('1(',, that the scheme of amalgamation of one banking company with any 1?ankfng institution shall also be binding on the tnlstces or other per-iods managing, or in any other manner connected with any ,provident fund or other fund maintained by any such company or the transf~ dank' , '"'" , j '(ii) sub·section (15) of the said section with a view to confldjda th@ scope of the definition of the tenn ''banking institution" to ail1 bankin,e!: company, state bank of india, a subsidiary bank or a corresponding new bank; and (iii) the said section by adding an e;rpozanation thereto 10 as to avoid a claim by an employee of the transferor bank that he should be ¢ven in the transferee bank the same "rank or status" as he had in the transferor bank at the time of amalgamation clatl8e's 27 and 28-these clauses seek to amend respectively section 45a and section 45j of the banking regulation act, 1949, 10 as to replace c the reference to code of criminal procedure, 1898, by a reference to the code of criminal procedure, 1973 clause 29-this clause seeks to amend section 45s of the ban1cidr regulation act, 1949 so as to replace the reference to chief presidency magistrate or the district magistrate by a reference to chief metrooolftan magistrate or the chief judicial magistrate respectively these ame'ndments are necesflitated by file corning into force of the code of criminal procedure, 1973 clause 30-this clause seek~ to insert new sections 45y, 46z 45za, 45zb 45zc, 45zd 45ze and 45zf in the" bankin'! re~tion act, int, based on the recommendations of the banking commission, so as-(i) to empower the central government to frame rules speelfyfn~ the periods of preservation of various types of records such as books, accounts and documents required to be maintained by a bankinc! company as also of the different instruments paid by it (sec-tion 45y); '(ii) to enable a bnnk to return at the request of ii customer "(including government departments and ~atutory co~tiljns) a paid instrument, before the" prescribed preservation period, only after eout~kin--; and keeping in the bank's p:>ssession a true copy thereot in ~h~k" i processes (section 45z); tors'~s', pe er a bank to make' payment 'to the nominee of - hirers of safety 10 ount to his credit, in the event of the latter's death, !(;he manner presc under the said a celled in the pre ct a bank against any claim of the third party to the _'~y _1 deposit (sec ion '45zb); i (v) to enable a bank to return the articles kept by a person in the bank's safe custody to the nominee" or the person appointtid under sub-section (2) of new section 45zc in the event of the death of the person leavin~ the articl~ in safe custody after maldng inventory of th(' articles in the manner directed by th~ t~aer;e bank, the inventory being signed by the person rcccl': g ,e ar -cles (section 45zc); (vi) to protect a bank against any claim, to any articles, made ~ ther than the person who placed the article in l81e any person o· , ti custody with the banking company (sec on 45zd) - , (wi) to enable a bank to release the contents of a safety locker to the nominee or survivor of the hirer of such locker in the, event of -the 'death of the hirer, by making an inventory of the contents of a safety locker in the manner directed by the reserve bank, the inventory being signed by the nominee or the survivor as also to ~protect the bank against any liability for so releasing the contents ; of the loeker (section 45ze); (~ii) to protect a bank against any claim to the conten,ts of safety locker, made by any person other than the hirer (or his nomi~ nee) of such locker who placed the articles in the safe custody with the baaking company (section 45zf) clause 31-this clause seeks to substitute sub-section (4) of section 46 of the banking regulation act, 1949, so as to make a failure to comply wtth any term eontained in, or condition imposed by any order rule or direction, and a failure to carry out the terms of an amalgamation sanc~ tioned, under section 45, as offences punishable under section 46 ' clause 32-this clause seeks to amend section 47 of the banking'regu-iation act 1949 eonsequent on the coming into force of the code of criminal procedure, 1973 clmue 33~tbis clause seeks to amend section 51 of the banking regutilubn act 80 as: (i) to make the prohibition contained in seetion 20 thereof against making advances to companies having acommon diredtor, inapplicable to advances by the public sector banks to companies in which the central government or the reserve bank or a corporation owned by ,tluatbadkholds 40 per cent or more of the paid-up capital; (ii) to extend the statutory protection given by clause (c) of the proviso to sedion 51 thereof also to an officer who may be nominated on the board of a conesponding new bank 01' a regional rural bank or'of a' banking company an,l also to an officer of a corresponding ,!'lew bank or a regional rural bank or a subsidiary bank who ma~ be nominated on the board of another bal"y~_"~i, _ " ),'" '(iii) to provide that a nlle or direction made under the act shan also apply to the state bank of india any corresponding new bank, a regional rural bank and a subsidiary bank ouler amendments proposed to be made by this clause are of a con-sequential nature ,c14ue 34-this clause seeks to amend section 52 of the bankin~ regu-:1atlcn act, 1949, so as to provide fc"!r layinr, of rules made by 'the central -govemment under the aforesaid act before each house of parliament the ·ra:deftdment41lso'seeks to dispense with the ('on~ition of previous pubuca-·1jan ot the niles to be framed under this section clame 3'i-section5ft of the bankinj! regulation act, 1949, specifie! the modifications to certain sections of the act in their application to ·~rative ·banks this dause deals with the modifications of the tejevant sections as a result of the proposed amendments to the ~l1kjng htj1llatiqn mt ~ jm~t mocu1\clltion/j ~~~: (i) the, proviso' proposed to be substituted for the ex:istin"j'ft'o-viio to section 8 (relating to prohibition of trading), providea thatl ~ period for completing any business referred to in that sectioll '\yiu de extended only up to the expiry of one year from the commencement of the amending legislation (ii) the proviso proposed to be substituted for the second pm--i viso to section 9 empowers the reserve bank to ex:tebd the period' of seven years for disposal of non-banking assets of a co-operative bank, if the reserve bank is satisfied that such extension wouldbe in the interests of the depositors of the co-operative bank (iii) a new section--section 24a-is proposed to be inaertacl' empowering the reserve bank to exempt, by notification, my eo , operative bank or class ot co-operative banks from· the appu~ , of the whole or any part of the provisions of section 18 or,section,'~ of the act with reference to all or any of the offices of such co-opera tive bank or co-operative banks or with reference to the whole' ,o~ any part of the assets and liabilities of such co-operative bad&-«! co-operative banks and for such period and subject to such condi;tilqal as may be specified in the notification (iv) clause (d) of sub-section (1) of section 36 isproposecl to be substituted by a new clause which would enable the reserve ~ to depute one or more of its officers to watch the prcx:eedfugs at,~, meeting of the board of directors of a co-operative bank or to' appoint its officers to observe the manner in which the affairs of the co-operative bank or its offices or branches are conducted and make a report thereon clause 36-the clause seeks to insert a new section 35a in the state bank of india act, 1955, with a view to providin, certain pmtectmm\ to directors appointed by the state bank on the boards of companiea ~~ g1 it against prosecution as a result of noircomp~e withtbepro~ , ~ii'~,ad in the codl~ act, 1956, or any other law or the memorall4udi or articles ot assoe~n further seeks to provide that such a ~tor iihall ~ld office during the pleasure of the state bank and may be jivdloved by it :i-itrther, such a director will not incur any, obligation or ~bruty b7 reason only of his being a director or for anything done or onutted to be cio:i1e in good faith in the discharge of his duty as a director cl""~"" ~7~"""'inadditjon to rnakingsornetelttya!' changes m:lic'tiow-e of the state bank ollnaia act, 1955, this cllmse'seeb toamf!lmi't)~~ ~ 80 as: (i) to disperuiewithtbe period within which the accounts ofthe bank are to be submitt«ho the central government and the reierm bank'i and 1 (to to provide ,for laying before each house of p,liament tlw, auditais' report add the report on the woll'jqng and ~vi~ ot the state ,bank of india, as is done in the case of the nationalised hanks c101aose 38-the amendment to section 42 of the state bank of ~ act 1955 is consequential to the amendmenf prop0a4 te' 1ctioil- 4ft;! , , " " 11m ae$ bf clauae 87 g -czau,u 39-this clause seeks to amend section 43 of the state bank ciiilddia act, 1955, so as to empower the central board of the bank to delegate by general or special order the powers to the officers of the bank clauses 40 and 41-these clauses seek to amend section 49 and section 50 respectively of the state bank of india act, 1955, so as to provide for layidg of rules and regulations made under the aforesaid act before each howie of parliament ciase 42-this clause seeks to insert a new section 38a in the state - hank of india (subsidiary banks) act, 1959 (on the lines of new section 35a proposed to be inserted in the state bank of india act, 1955, by clause 36) with a view to providing certain protection to directors appointed bya subsidiary' bank on the boards of companies assisted by it against prosecution as a result of non-compliance with the provisions contained in the companies act, 1956 or any other law or the memorandum or articles of association it further seeks to provide that such a director shall hold office during the pleasure of the subsidiary bank and may be removed by it further, such a director will not incur any obligation or liabilliy by reason only of his being a director or for anything done or omitted to be done in good faith in the discharge of his duty as a director clause 43-this clause seeks to make some verbal amendments to section 43 of the state bank of india (sub~diary banks) act, 1959 and also to pro\?ide for the auditors' report and the report on ,the working and activities of 8 subsidiary bank being laid bef~re each house of parliament clcute 44-the amendment to section 44 of the state bank of india (subsidiary banks) act, 1959 is consequential to clause 43 ciguie 45-1'his clause seeks to amend section 53 of the state bank of india (sublidiary banks) act, 1959, with a view to providing that the ofbcer nominated by the state bank 8s a director of its subsidiary bank iiha1l not incur any obligation or liability iby t'e~~y of hi~ hpiug 'a director or for anything done or omitted to be dol 10 good faith in the discbarge of his duty 88 a director ~ ~) , ~ (;taube, 46 crnd 47-these clauses seek to amend section 62 and section 63 respectively of the state bank of india (subsidiary banks) act, 1959, ao as ~ pl'ovide for laying of rules and regulations made ud'det ~~n<?re-i mid act before each howle of parliament clause 4b-this clause seeks to amend the definition of the term "blajring company" in clause (b) of section 2 of the deposit insurance iijd credit guarantee corporation act, 1961 by omitting the expression "and any other banking institution notified under section 51 of the banking regulation act, 1949" this clause also seeks to amend the definition of the term '"insured bank" in clause (i) of that section so as to include therein h8 corresponding new bank", with retrospective effect from the 1st july, 1971, since clause (1) of section 2, as substituted by t~e deposit \juurance corporation (amendment) act, 1968 which came m~o force from tbe 1st jwy, 1971 did not include a reference to correspondmg new »anki thii clause also mu,s 'amiitndmenta consequent on claus~ 33:~ c&cuse 49 this clause seeks to amend sub-section (2) of section 6 4»f the, d~t lnsura,nceand credit guarantee corporation act, 1961 mpi~ a vlew to providing that the additional directors appointed under ~iiqd &(1) (e) of the act shall hold office for a t~rm not exceeding four yeu;a as may be ~ecified by the central government further, it seeks kio amend iaub-section (3) of section 6 of the act so as to provide that - 4kecto,r nominated by central government under clause (e) of bub-mctiol) ~1,) ()f ~ction 6 shall not be capable of being nominated as a ,dir~tol' in the circumstances indicated in sub-section (3) it further seeks ~ insert a new sub-section (5) so as to provide that the seat of a direc- nominated under sub-section (1) (e) of section 6 shall become vacant in, ,speeided circumstances ,c1ause 5o-the amendment is consequential to clause 33 clause 51-this clause seeks to amend section 13 (2) of the deposit iuurauce and credit guarantee corporation act, 1961 so as to omit tqe nf,reqoe ~ clause (b) in that section on the ground that the proviaiolls of section 22 of the banking regulation act, 194e, are not appli-(_ie to the corresponding new bank vide section 51 of that act clause 52-this clause seeks to make textual changes in sub-section (,2) of sec,tion 32 of the deposit insurance and credit guarantee cor-,pqiation act, 1961 ciause sa-this clause seeks to amend section 50 of the deposit 1n8urance and credit guarantee corporation act, 1961, so as to provide ~r~1ng of regulations made under the aforesaid act before each house of parliament cla~e m-this clause seeks to make textual changes in sedtion 3 of the ~ companies (acquisition and transfer of undertakings) act, 1970 cwu3e 55-'i'his elause seeks to insert a new section sa in the banking companies (acquisition and transfer of undertakings) act, 1970 (on "rtlje_~esof new; sec~on 35a proposed, to be inserted in the state bank pf"lndiaact, 1955, by clause 36) with a view to providing certain pro-' tectiolli to~: ;"~'rppointed by a nat~onalised bank ail the ~ of ~~kg ~ by it against prosecution as a result of non-compliance with,f provisions contained in the companies act, 1956 or any other 1a~~ the memorandum or articles of associati~n it further seeks to pr tlde that such a director shall hold office dunng the pleasure of the nationalised ~d may be removed by it further, such a director will ~ • ----ty obligation 01' liability by reason only of his being a ci ~orrnything done or omitted to be done in good faith in the ause to e of his duty as a director 'h co-~ clause 56-this clause seeks to insert a new sub-section in section 9 o! the banking companies (acquisition and trallsfer of unde~akings) act 1970 so as to specifically provide that a scheme made under section 9 (2) () f that act shall be binding on the creditors, depositors, emleo d ther persons affected by it this clause further seeks t;q ~ oyees ~ °definition of the term "banking institution" in the said ~rpora tha lines of definition in sub-section (15) of section 45 of the i7c'\iwon on e b 1ri n l tion act 1949 as proposed to be amended by clause 26 ~ni~"'-" clause 57-this clause seeks to introduce two "explanations" in section 10 of the banking companies (acquisition and transfer of undertakings) act, 1970 on the lines of the corresponding provisions in the companies act, 1956 dealing with the scope of the auditors' reports in the matter of certifying that the balance-sheet exhibits a true and fair view of the affairs of the nationalised bank concerned this clause further seeks to insert new sub-section (7a) in section 10 so as 'to rationalise the existing arrangements regarding the furnishing of ita 'annual balance-sheet and accounts together with the auditors' report and the annual report on its working and activities by each nationalised bank to the central government and to make textual changes in sub-seetion (8) of the said section it also seeks to insert new sub-section (9) in section 10 of the act so as to empower the central government to appoint, at any time, such number of auditors as it thinks fit to examine and report on the accounts of a nationalised ba~k clause sa-this clause seeks to amend section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970 80 88 to provide for the laying of regulations made by the board of directbrs of a corresponding new bank under the aforesaid ac,t before each heuse of parliament cla1l8e 59-this clause seeks to amend sub-sections (1) and (2) of section 19 of the regional rural banks act, 1976 so as to vest, the power of approving the appointment of auditors of a regional rural bank and fixation of their remuneration, in the reserve bank instead of in the central government it further seeks to amend sub-section (4) of section 19 so as to provide that every auditor shall make a report also to the central government clause 60-this clause seeks to amend section 20 of the regional rural banks act, 1976, so as to empower the central government to grant extension up to a maximum of sixty days for furnishing the annual report and the balance-sheet, etc, to each shareholder of a regional rural bank clduse 61-this clause seeks to amend sectfon 30 of the 'beifonll aural banks act, 1976, so as to provide that regulae:~~~"'~~ under - aforesaid act shall be placed before each house of parn;; ~ clause 9 of the bill seeks to amend the definition of "approved se<!urltles" in section 5 of the banking regulation act, 1949, as meaning, inter alia, such of the securities authorised by the central government under clause <f) of section 20 01 the indian trusts act, 1882 as may be preserlbedby rules made by the central government under the banking regulation act, 1949 this is a matter of detail necessary for the effective administration of the statutory provisions relating 'to maintenance by banks of the requisite percentage of assets at present, every bank is required to maintain the liquidity ratio of not less than 25 per cent of the total of its demand and time liabilities under section 24 (2a) (a) of the banking regulation act, 1949 clause 21 vf the bill and clause 35, as applicable to co-operative societies, seek to amend that section so as to empower the reserve bank to increase the said raltio from the present statutory minimum limit of 25 per cent up to a limit not exceeding 40 per cent as may be '?ecified by the reserve bank in the notification clause 30 of the bill seeks to~' '-a new section 45y in the banking regulation act, 1949, which emr ers the central government, after consultation with the reserve b( ,to make rules specifying ·the periods for which banks shall pf--" !~r':;lnd keep their books of accounts and other documents as well ~ ,erent instruments paid by them different periods may lyt,y4ilpt,p ,l~d for different types of records, depending upon the nature of each record, and keeping in view the needs and practical difficulties of the banks, and usefulness in connection with tax and other regulatory proceedings it is not possible to visualise at this stage as to what should be the various minimum periods for preservation of various records this clause further seeks to insert new sections 45za, 45zc and 45ze in the banking regulation act, 1949, in pursuance whereof, the depositors of banks, persons leaving articles i in safe custody with banks, ami hirers of safety lockers from bnnk, are given the rip,'ht of nominaf'ion in the manner prescribed under rules made by the central government under the said act the nomination so made can also be varied or cancelled in the prescribed manner clause 35 of the bill seeks to insert a new section 24a as applicable to co-operative societies for empowering the reserve bank to exempt by notification, any co-operative bank or class of co-operative banks from the applicability of the whole or any part of the provisions of section 18 or section 24 of the act, with reference to all or any of 'the offices of such co-operative bank or co-operative banks or with reference to the whole or any part of the assets and liabilities of such c(\-operative bank or cooperative banks, and for such period and subject to such conditions as may be specified in the notification this is a matter relating to implementation of policy, in suitable cases clause 39 of the bill seeks to amend section 43 of the state bank of india act, 1955 so as to provide for delegation of powers to 'the ofticers of the ~ alae ,by ge~ or ~ial or4erama(ie by tm cen~,j39ard of the bank 1" i r ,,, the matters in respect of which an authority is eb\powered io ~ any autbm'ieation, notification or order or to mallie rulei, rejlaq, wi matters of procedure and administrative detail it is ngtpfa_able" provide for them in the relevant enactment the delegation d mew'" tive power is, therefore, of a normal character (18 01' 1891) - - - - - deflnl· tiona z in this act, unless there is something repugnant in the subject or context-- - - - - (4) "legal proceeding" means any proceeding or inquiry in which evidence is or may be given, and includes an arbitration; - - - •• (8) "certifted copy" means a copy of any entry in the books of a bank together with a certificate written at the 'fodt of such copy t~t it is a true copy of such entry, that such entry is contained in one of the ordinary books of the bank and was made in the usual and ordlinary course of business, and that such book is still in the custody of the bank, such certificate being dated and subscribed by the principal accountant or manager qf the bank with his name and oftlclal title - - - - - errracts from the reserve{~an1t of india act, 1934 (2 of 19m) - • - • •9 of 1932 m in this chapter, unless the ~xt otherwise requires,-de1lni - - - ft!· - tiona - 't)i (bb) "deposit" shall includ "d shali be deemed always to have included, any money rece~by a non-banking institution by way of deposit • qir'roml at in any other form, but shall not include almn:11its raised, by way of share capital, or contributed as capital by partners ot a firm; - - - - - (d) "firm" means a firm as defined in the indian parlnerslkip act, 1932, of which the capital subscribed by its partners exceeds one lath of rupees; (e) cellon-banking institution" means a company, cort>oration, co-operative society or firm - - - •• national agricul· tural credit (stablll aation) fund (8b (1) - - - - (2) the amount in the said fund shall be applied by the bank only to the making to state co-operative banks or regional rural banks of loans and advances repayable on the expiry of fixed periods not being less than fifteen months and not exceedin!! five year~ from the date of maldllg such loan or advanee and on such terms and condftlons as may be specified in this behalf by the bank: provideii that no such loans or advances shall be made-(a) except for the purpose of enabling the state co-operatlve banks to pay any dues in respect of bills of exchange and promissory notes put'cha~~ or rediscounted by the bank under clause (2) of section 17 or loans or l1dvances millie to them bv thp bank undm' c}ute (4) of section 17, and unless fn the opfnlon of the bank, the state cooperative banks ate unable to pay such dues in tfme owing to drought, famine or other dlltural calamitfes; and (b) unless such loans and advances are fully guaranteed as to the repayment of the principal and payment of interest by the state government: provided further that no such loans or advances shall be made-' (a) e~ept f()r the purpose of enabling the regional rural banks to pay any dues in respect of bills of exchange and promissory notes purchased or re-discounted by the bank or loans and advances made to them by the bank under section 17 and unless, in the opinion of the bank, the regional rural banks are unable to pay such dues in time owing to drought, famine or other natural calamities, and cognizance of offences ('b) unless such loans and advances are fully guaranteed 88 to repayment of the principal and payment of interest by the sponsor bank - - - - 58e (1) no court shall take cognizance of any offence punishable under this act except upon a complaint in writing made by an officer of the bank, generally or specially ~uthorised in writing in this behalf by the bank, and no court other than that of a metropolitan magistrate or a judicial magistrate of the- firlt class or a court superior thereto shall try any such offence - - - - - interpretation extracts from the bankin"g regulation act, 1949 - - (10 of 1¥9) - - - 5 in this act, unless there is anything repugnant in the subjert or context,-(4) "approved securities" means securities in which a trustee may invest mone-y under clause (4), clause (b), clause (bb), clause (c) or clause (d) of section 20 ot the indian trusts act, 1882; 2 of 1882 - - - - - (1) "reserve bank" means the reserve bank of india; - - - - - '1 (1) no company other th:m a banking company shall use as part of its name any of the words "bank", "banker" or "banking" and ~o company shall carry on the businessl of banking in india unless it \lsef; as part of its name at least one of such words - - - - - use of words "bank", "banker", "banking" or "banking company" prohibition of trading • notwithstanding anything contained in section 6 or in any contract, no banking company shall directly or indirectly deal in the buying or selling or bartering of goods, except in connection \\jth the realisation of security given to or held by it, or" engage in any trade, or buy, sell or barter goods for others otherwise than in connerlion with bills of exchange received for collection or negotiation or with such of its business as is referred to in clause (i) of sub-section (1) of section 6: provided lhat this section shall mt apply to any such business as aforesaid which was in the course of being transacted on the (lommencement of this act,· so however, th~ the sa~d business shall be completed before the expiry o~ one year fro)1l such commencempnt explanotion-for the purposes of this section, "goods" means every kind of movable property, other than acconable claims, stocks, shares, money, bullion and specie, and all instruments referred to in clause (a) of sub section (1) of section 6 - 18 of 1988banjua, compaoy to be managed by wholetime chairman lob (1) nothwithstanding anything contained in any law for the time being in force or in any contract to the contrary, every banking company in existence on the commencement of section 3 of the banking laws (amendment) act, 1968, or which comes into existence thereafter shall have a chairman of its board of directors who shall be entrusted with the management of the whole of the affairs of the banking company: provided that the chairman shall exercise his powers subject to the superintendence, control and direction of the board of directors: provided further that nothing in this sub-section shall apply to a banking company in existence on the commencement of the said section for a period at three months from such commencement - (5) a chairman of the board of directors of a banking company may, by writing under his hand addressed to the company resign his office but shall continue in office until his successor asswnes office loc any director or chairman apf>oi~ted by the reserve bank under section loa or section lob, as the calie may be, shall not be required to hold qualification shares in the ba,'king company chairman or director appointed by the reserve bank,not to be required to hold quallftcation sharel 18 every banking company, not being a scheduled bank, shall main-cash tain in india, by way of cash reserve with itself or in current account rebel've 2f of 1881~ned with the reserve bank or the ~tate bank of india or' any other bank notified by the central government in this behalf or partly in cash with itselt and partiy in such account or accounts, a sum equivalent to at least three per cent of the total of its time and demand uabilities in india, and shall subm!'t to the reserve bank before the fifteenth day of every month a return showing the amount so held on friday of each week of the preceding month with particular~ of its time and demand liabilities in india on each such friday, w, if any such friday is a public hollday under the negotiable instruments act, 1881, at the close of business on the preceding working day expltmation-in this section and in seetion 24, "liabilities in india" shall not include-(0) the paid-up capital or the reserves or any credit balance in the profit and loss account of the banking company; (b) any advance taken from the reserve bank or from the state bank of india or from the industrial development bank of india or from the agricultural refinance corporation or from any bank notified by the central government under clause (c) of the ezplaaatioa to sub-section (1) of section 42 of, the reserve bank of lnella act, 1934 2 of 1934 restriction on nature of subsidiary --panles 1 of 1958 restrictions on loana and advances 19 (1) a banking company shall not form any bubsidiary oqiiipuly except a subsidiary company formed for one or more 01 the foljt>wmg purposes, namely, the undertaking and executing of trusts, the undertaking of the administration of estates aspecutor, trustee or oleerwise, the providing of £ale deposit vaults or, with the prev~ous permisaioa:in :writing qf the reserve bank the carrying on of the buaioesa of baalwjg exclusively outside india, or such other purposes as are incidental to the busin~s of banking - - - - - • (1) notwitbatanding anything to the ccmtrary contained'in section 77 of·tale companies act, 1956, no bankingcompafty shall,-- - - - - (b) enter into y commitment for granting ·my loan or advance to or on behalf of-- - - - - (iiijaay compd1 ,(got being a subsidiary of 'rtke 'banking company or a oompady ltefi8te1'ed unciersecti:cijr 25 of the companies act, 1'956, w • gwenuraent oompany) ,of which any of 1 of 1956 the directors of the banking company is a director, managing agent, manager, employee or guarantor or in which he holds substantial interest, or · ' 2z (1)· - - - - llcensin" otbank-in cold-p~ • (3) before granting any licence under this section, the reserve bank may require to be satisfied by an inspection of the books of the company or otherwise that all or any of the following conditions are fulfuled, namely:-• - - - - (b) that the a1fairs of the company are not being, or are not likely to be conducted in a manner detrimental to the interests of its present or future deposited; - - - - - a (1) after the expiry mi two years troll} ,the comdl8lleement of tt1is -1, every bant:idgc~ aball maintain in lddia in cash, gold :or i1jdeilculdbered appr,ewd securities, valuec1 at ,a plioe not ejlleeedibg the ,c!1imei1t ijilarut price, an amoant wlaich s1:aan not at the ,close of ftaiaess main tenance of a rer-centage of anets 'oil any day be leis thad 29 per cent of the mtal of its time ad demand jiebll:ities in lndda e:rplanati<m-for the purposes of this section, "1,ulencumbel1!d approved securities" of a banking company shall include its a~v~d seeurities lodged 'with another institution for an advance or any o~her credit arrangement to the extent to which such securities have not been aawn against or availed of - - - - •• ~a) (41) notwithstandmg anything eematned m sll"~n (1) or in sub-section (2), after the upky of twog yean kom tbe cornence-88 of 1982 ~ent of the banking companies (amendment) act, 1962,--(i) a scheduled bank, in ·additi~n to the average «ally balance which it is, or m~ be, req~ to maintain under se<::1ion 4zaf the reserve bank of indi,8 act 193',and (u) every other banking company, in addition to the cash reserve which it is required to maintain under s~ion 18, ~au maintain in india in cash, gold or unencumbered approved securities valued at a price not exceeding the current market price, an amount which shall not at the close of business on any day be less than 25 per cent of the total of its demand add time liabilities in india; (b) in computing the amount for the purposes of clause (a),-(i) the deposit required under sub-section (2) of section 11 to be made with the reserve bank by a banking company incorporated outside india, and (ii) any cash or balances maintained in india by a banking company other than a scheduled bank with itself ot' in current account with the reserve bank or the state bank of india or with any other bank which may be notified in this behalf by the central government, in excess of the aggregate of the cash or balance or both required to be maintained ·~nder gec1tion 18, and 2 of 1934 (iii) any balances maintain i by a'scheauled bank with the reserve bank in excess of t~';'alance required to be maintained by it under section 42 of the serve bank of india act, 1934, and any balances in current accou t maintained in india bya scheduled bank with the state ban~ '0 india or with any other ballk whi~ may be notified in this behalf by the central government, shall be deemed to be cash maintained in india - - 26 of 1881 (3) for the purpose of, ensuring compliance with the provisions of this section every banking company shall, not later than fifteen days after the end of, the month to which it relates, furnish to the reserve bank in the prescribed form and manner a monthly return showing particulars of its assets maintained in accordance with this section, and its time and demand liabilities in india at the close of busines5 on each friday during the month, or if any friday is a public holiday under the negotiable instruments act, 1881, at the close of business on the p!'e-ceding working day - - - ma (1) - - - - produetion of docu-ments of conftdential nature & ot 1970 21 of 19'16 (,!) for the purposes of this section, "banking company" includes the ijldustrial development bank of india, the reserve bank, the state bank of india a corresponding new bank constituted under section 3 of the ba,pking companies (acqutbltion and transfer of undertakings) ad, 1970, a regional rural bank established under section 3 of the regional rural banks act, 1976, and any subsidiary bank - - - 358 (1) in the case of a banking company-(0) no amendment o~ any provision relating to the appointment or re-appointment or termination of appointment or remuneration of a ehairman, a managing director or any other director, wholetime or otherwise or of a manager 01' a chief execuilive officei' by whatever name called, whether that provision be contained til the company's memorandum or articles of association or in an agreement entered into by it, or in any resolution passed by the company in general meeti"lg or by its board of directors shall have effect unless approved by' the reserve bank; - ' - - - amendmentl of provi-_ionlrelating to appointments ofmanaging director', etc, lobe lubject to prevlou approval of the reierve bank ezplanotion-for the purposes of this sub-section any provision conferring any benefit or providing any amenity or perquisite, in whatever fonn whether during ofl' after the termination of the term of office of the chairman or the manager or the chief executive oftlcer by whatever name called or the managing director, or any other director, whole-time or otherwise, shall be deemed to be ,a provision relating to his remuneration ir - ~e (2) nothing contained in secti, , 1s 268 and 269, the proviso to subsection (3) of section 309, sectionl ·310 and 311 the proviso to section 387, and section 388 (in so far as ~tion 388 makes the provisions of aections 310 and 311 apply in relati 'to the manager of a company) of the companies act 1956, shall appl~? any matter in respect of ~hich the approval of the reserve bank has 1;(, be obtained under sub-1 of 1958, section (1) ~ " - - - - - power of relerve bank lo appoint addlttorial direeton mab (1) if the reserve bank is of opinion that in the interest of banking policy or in the public interest or in the interest's of the banking company or its depositors it is necessary so to do, it may, from time to time by order in writing, appoint with effect from such da~ as may be specified in the order; one or more persons to hold office as additional directors of the banking company: provided that the number of additional directors so appointed shrill not at any time exceed five or one-third of the maximum strength fixed for the board by the articles, whichever is less - punishments for cert81n ac· tivitiel in relation to banking companjea mad (1)' - - - - - (3) for the purposes of this section, "banking company" includes th, reserve bank, the industrial development bank of india the state bank of· india, a corresponding new bank constituted under section 3 of the bapkmgcompanies (acquisition and transfer of undertakings) act, 1970 a regional rural bank established under section 3 of the regional rural banks act, 1976, and any subsidiary bank - - - - powerte dispenm with meetin •• of creditors, etc c notwithstanding anything to the contrary contained in sections 460, 464 and 465 of the companies act, 1956, the high court may, in the proceedings for winding-up a banking company, dispense with any meetings of creditors or contributories or with the appointment o~ a committee of inspection if it considers that no object will be secured thereby sufiicient to justify the delay and expense - - - - - 45 (1) - - - - - (5) the scheme aforesaid may contain provisions for all or any of the following matters, namely:- [10] m c(i) the continuance of the services of all the employees o~ the banking company (excepting such of them as not being workmen within the meaning of the industrial disputes act 1947 are specifically mentioned in the scheme) in the banking company itself on its reconstruction or, as the case may be, in the transferee bank at the same remuneration and on ~he same terms and conditions of service, which they were gettin!1or as the case may be, by which they were being governed, imm~ately before the da1e of ',he qrder power of relerve bank to apply to central government tor buapension ot business by bankin company and to prepare acheme ot recoutituor ama18a mation o~ moratorium: ' _,(errrj provided that th~;;i a--- shall contain a provision that-i ' (-i) thibanking company shall payor grant not later than the expiry of the period of three years from the date on which the scheme is sanctioned by the central government, to the said employees the same remuneration and the same terms and conditions of service as are applicable to employees of corresponding rank or status of a comparable banking company to be determined for this purpose by the reserve bank (whose determination in this respect shall be final); (ij) the transferee bank shall payor grant not later than the expiry of the aforesaid period of three years, to the sajd emplo-·yees the same remuneration and the same terms and conditions of service as are applicable to the other employees of corresponding rank or status of the transferee bank subject to the qualifications and experience of the said employees being the same as or equivalent to those of such other employees of the transferee bank: provided fiurthet that if in any case under clause (ii) of the first proviso any doubt or difference arises as to whether the qualification and experience of any of the said employees are the same as or equivalent to the qualifications and experience of the other employees of corresponding rank or status of the transferee bank the doubt or <jifference shall be referred to the reserve bank whose decision thereon shall be final; (8) on and from the date 01 the coming into operation of the bcbt!rne or any provision thereof, tile zteheme or such provision shall be binding or! the banking company or, 'as the case may be, on the transferee baj'lk and any other banking company concerned in the amaigamatio!) add also on all the members, depositors and other creditors and employees of each of those companies and of the transferee bank, and on any other person having any right or liability in relation to any of those companies or the transferee bank (9) on and from such date as may be specified by the central government in this behalf, the properties and assets of the banking company shall, by virtue of and to the extent provided in the scheme, stand transferred to, and vest in, and the liabilities of the banking company shall, by virtue of and to the extent provided in the scheme, stand transferred to, and become the liabilities of, the transferee bank [10] m c(15) in thi£ section, "banking }nstitution" means any banking company and includes the state bank "~f india or any other banking institution notified by the central gover~ment under section 51 [10] m c gonzalez-garcia, m c gonzalez-garcia, mpart ilia to override other laws lof 1956 , 5 of 1908 5 of 189b 4sa the provisions of this part and are = 338 made thecuruder shall have effect notwithstanding anything inconsistent therewith contained in the companies act, 1958 or the code of civil procedure, 1908 or the code of criminal procedure, 1898, or any other law for the time being in force or any instrument having effect by virtue of any such law; but the provisions of any such law or instrument in so far as the same are not varied by, or inconsistent with, the provisions of this part or rules made thecuruder shall apply to all proceedings under this partw (1) the high court may, if it thinks fit, take cognizance of and try in a summary way any offence alleged to have been committed by any person who has taken part in the promotion or formation of the banking company which is being wound up or by any director, manager or ;officer thereof: provided that the otjence is one punishable under this act or under the companies act, 1956 1 of 1956 special provisions for t punillhing offences in relation to banking companies being wound up (2) when trying any such offence as aforesaid, the high court may also try any other offen{!e not referred to in subo66!ction ,(1) whfch i an offence with which the accused may, under the code of criminal procedure, 1898, be charged at the same trial (9) in any case tried summarily under sub-section (1), the high court-(a) need not summon any witness, if it is satisfied that the evidence of such witness will not 'be material; (b) shall not be bound to adjourn a trial for any pwrpose \u\lesi such adjournment is, in the opinion of the high court necessary m the interests of justice; ' 1898 (c) shall, before passing any sentence, record judgij?ellt embodying the substance of the evidence and also the parucuirrs speci-fied in section 263 ;of the code of criminal procedure, 1890, 80 far u that section may be applicable; and nothing contained in sub-section (2) of section 262 of the code of criminal procedure, 1898, shall apply to any such trial f 1898 ,956 1898 (4) all offences in relation to winding up alleged to have been committed by any person specified in sub-sectton (1) which are punishable under this act or under the companies act, 1956, and which are not tried in a summary way under sub-section (1) shall, notwithstanding anything to the contrary contained in that act or the code of criminal procedure, 1898 or in any other law for the time being in force, be taken cognizance of and tried by a judge of the high court other than the judge for the time being dealing with the proceedings for the winding up of the banking company if 1898 i (5) notwithstanding anything to the contrary contained in the code of criminal procedure, 1898, the h~~h court may take cognizan~e of any offence under this section ~itho~the accused being committed to it for trial nnd all such trials ~ __ be without the aid of a jury " - -;" ~ - - - - - 45s (1) for the purpose of enabling the official liquidator or the special officer appointed under sub-section (3) of section 37 to ~e into his custody or under his control, all property, effects and actionable claims to which a banking company, is or appears to be entitled, the official liquidator 'or the special officer, as the case may be, may request in writing the chief presidency magiltrate or the distriqi mllilstnte, within whose jurisdiction any property, books of account ,orotl docu--me!lts of such battjting company may be situate or be found, to 1akepossession thereof, and the chief presidency magistrate or the district magistrat~, as the case may be, shall, on such request being made to him,-chief presldency magistrate and district magistrate to assist omcial uqul datorin takinl charltof property of'b8t1ting compan)' ~ wwntt''p; (a) take possession of such property, books ofaccouftu or other docurnents and ' (b) forward them to the official liquidator or the special ofbcer· (2) where any such property and effects are in the possession of the chief presidency magistrate or the district magistrate, as the' oase may be iluch magistrate shrill, on request in writing beitlg made to 'bim by the official liquidator or the speclahnbcer referred to in !ll})aedion (l), sell such property snd effects and forward the net proceeds of the 181ello the official liquidator or the special officer: provided that such sale shall, as far as practicable, be effected by public auction (3) for the purpose of securing compliance with the provisions of stib-section (1), the chief presidency magistrate or the district magistrate may take or cause to be taken such steps and use or cause to be used such force as may, in his opinion, be necessary penalties (4) no act of the chief presidency magistrate or the district magistrate done in pursuance of this section shall be called in question in any court or before any authority - - - - - \ 46 (1) - - i - - (4) if any other provision of tl¥s act is contravened or if any default is made in complying with any ~uirement of this act or of any order, rule or direction made or condition, imposed thereunder, any person guilty of such c:mtravention or default sllan be punishable with fine which may extend to two thousand rupees, add where a contravention or default is a continuing one, with a further fine which may extend to one hundred rupees for every day during which the contravention or default continues - - - - - , cogni zanceot offences 47 no court shall take cognizance of any ofi'enl'e punishable under sub-section (5) of section 36aa or section 46 except upon complaint in writing made by an officer of the reserve bank generally or specially authorised in writing in this behalf by the reserve bank, and no court inferior to that of a pre9idency magtstrate or a magistrate of the first class shall try any such offence - - - - - 51 without prejudice to the provisions of the state bank of india appu-cation of certalr proviaiodb to the state bankot india and otherdotlftedbadd act, 1955, or any other enactment, the provisions of sections 10, 13 to 15, 23 ot 19t1tl 17, 19 to 21, 23 to 28, 29 [excluding sub-section (3)], 31, 34, 35, 35a, 36 [excluding clause (d) of sub-section (1)], 46 to 48, 50, 52 and 53 shall also applyi so far as may be, to and in relation to the state bank of india or any corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970, or a 5 of 1970 regional rural bank established under section 3 of the regional rural banks act, 1976, or any other banking institution notified by the central 21 ot 1976 government in this behalf as they apply to and in relation to banking companies: provided that-(4) nothing contained in clause (c) of sub-section (1) of section 10 shall apply to the chairman of, the state bank of india or to a general manager of any subsidiary bank in so far as the said clause precludes him from being a director of, or holding an office in, any institution approved by the reserve bank; (b) nothing contained in section 19 shall apply to the holding by the state bank of india of shares in the capital of any such subsidiary bank; and (c) nothing contained in section 46 or in section 47a shall apply to any officer of the central government or the reserve bank or the state bank of india, nominated or appointed as director of the state bank of india, or any f>uch subsidiary bank or any other banking institution notified by the central government under this section sz, (1) - - - - - 181'1| power ||----------|| central || qovern- || ment || to || make || rules |(3) all rules made under this s~tion shall be subject to the condition of previous publication, and the date to be specified under clause (3) of section 23 of the general clauses act, 1897, shall not be less than six months from the date on which the draft of the proposed rules was published: provided that in respect of the first occasion on which rules are made under this section (including the rules made for the first time on matters specified in secti'ons loa and 47a), the provisions of this sub-section shall not apply 56 the pro~~_~'f - act, as in force for the time being, shall apply to, or,,,~' dllon to, co-operative societies as they apply to, or in relati'?l'l to, banking companies subject to the following modifications, -1i'iame1y:-- - - act to apply to cooperative 80cieties 8ubject to modification (f) for section 7, the following section shall be substituted, namely:-ule of word "bank", "banker" er "banking" <7 (1) no co-operative society other than a co-operative bank shall use as part of its name any of the words "bank", "banker" or "banking" and no co-operative society shall ciu'i'j' on the business of banking in india unless it uses as part of its name at least one of such words (2) nothing in this section shall apply to-(ei) a primary credit society, or (b) a co-operative society formed for the protection of the mutual interests of co-operat~ve banks or co-operative' land mortgage banks; (e) any co-operative society, not being a primary credit society, formed by the employees of a banking company or the state bank of india or any other banking institution notified by the central government under section 51 or the employees of a subsidiary of such banking company or the state bank of india or, as the case may be, such banking institution'; (g) sections 10, loa, lob, loc and ion shall be omitted; - - - - - • (1), fo;r retion 18, tlle ff9uowing section shall de substituted, ~ely:-cash reserve 2 of i 26 of '18 every co-operative bank, not being a state co-operative bank for the wne being included in the second schedule to the reserve bank, of india act, 1984, shall maintain in india, by way of cash reserve with itself or in current account opened with the reserve bank or the state bank of india or the state cooperative bank of the state concerned or with any other bank notified by the central government in this behalf or, in the case of a primary co-operative bank, with the central co-operative bank of the district concerned or partly in cash with itself and partly in such account or accounts, a sum equivalent to at least three per cent of the total of its time and demand iiabwties in india, and shan submit to the reserve bank before the 15th day of every month it return showing the amount so held on friday of each week of' the preceding month with particulars o~ its time and demand liabilities in india on each such friday, or, i'f any such friday is a public holiday under the negotiable instruments act, 1881, at the ::lose of business on the preceding working day i exp14nat'ion-in this section and section 24, "liabilities in india" shall not include,-(a) the paid-up ca~tql or the reserves or any credit balance in the profit and loss accm'~ the co-operative bank; '"'" 2 of 1934 (b) any advance taken from a state government, the' reserve bank, the state bank of india, the industrial development bank of india, the agricultural refinance corporation or any 'bank notified by the central government under clause (c) of the explanation to sub-section (1) of section 42 of the reserve bank of india act, 1934; " (~) in the case of a state or central co-operative bank, also any deposit of money with it representing the reserve fund or any part thereof required to be maintained with it by any other co-operative society within its area of operation, and in the case of a central co-operative bank, also an advance taken by it from the state co-ope~ative bank of the state concerned; (d) in the case of a primary co-operative bank, a110 any advance taken by it from the state co-operative bank o~ the state concerned or the central co-operative bank of the district concerned;'; - - - - - (m) "in section 20a, in sub-section (1), the words and figures ·'notwtthstanding anything to the contrary contained in section 293 of the companies act, 1956," shall be omitted; :1-• - - - {~) in section 22- (i) for sub-sections (1) and (2), the following 8ub-lmctiom ,hall be substituted, narne1y:-" (l) save as hereinafter provided, no co-operativa society shall carryon banking business in india unleu-'i " (a) it is a primary credit society, or '('/' ~~ i' , (b) it is a co-operative bank and holds a licence issued in that behalf by the reserve bank, subject to such conditions, if any , as the reserve bank may deem fit to impose: " ~98s provided that nothing in this sub-section shall apply to a co-operative society, not being a primary credit society or a co-operative bank carrying on banking business at the commencement of the banking laws (application to co-operative societies) act, 1965, for a period of one year from such eommedcement i i ~ ), ,r 1986 ,\ (2) every co-operative society carrying on business as a co-operative bank at the commencement of the banking laws (application to co-operative societies) act, 1963, shall before the expiry of three months from such commencement, every primary cret;!it society which becomes a primary co-operative bank pfter such commencement shall before the expiry of t,biee months from the date on which it so beco~, a 'primary ,co-operative bank and every co-~vr-8ociety other than a primary cltedit society shall < - ' before commencing banking business in india, apply tn writ-: ,t<' lng to the reserve bank for a licence under this section: provided that nothing in clause (b) of sub-section (1) 'shall be deemed to prohibit-,at i"" (i) a co-operative society carrying on business a8 a co-operative bank at the commencement oil the banking laws (application to co-operative societies) act, 1965 or (ii) a ccroperative bank which has come into existence as a result of the division of any other cooperative society or the amalgamation of other cooperative societies <,arrying on business in either case as a co-operative bank or banks at such commencement or (iii) a primary credit society which becomes a primary co-operative hank after such commencement, from carrying on banking business until it is granted a licence in pursuance of this section or is, by a notice in writing, notified by the reserve bank that the licence cannot be granted to it"; (u) in sub-section (3), clause (c) shall be omitted; - - - - - (fi) in section 24-(i) in subsection (1), the words "after the expiry of two jurs from thecommeacl!ementof this act," shall be omitted; (ii) for au:1>sections (2) and (2a), the following sub-sections shall be substituted, name1y:-" (2) in computing the amount for the purposes of sub-88clion (1),-2 ot (4) any balances maintained in india by a co-operative bank in current account with the reserve bank or the state bank of india or with any other bank which may be notifted in this behalf by the central government, including in the cue of a sta,te co-operative bank, the balance required under section 42 of the reserve bank of india act, '1934, to be so maintained, (b) any balances maintained by a central co-operative bank with the state co-operative bank of the state concerned, and (e) any balances maintained by a primary co-operative bank with the central co-operative bank of the district concerned or with the state co-operative bank of the state concerned, ihall be deemed to be cash maintained in india i (2a) (a) notwithstar~ding anything contained in sub-section (1) or in sub-section (2), \after the expiry of two years from the commencement of the ban);ing laws (application to co-operative societies) act, 1965, or of stich further' period not exceeding one 23 of 1" year as the reserve bank, having regartl to the interests of the eo-op,eratlve bank concerned, may think fit in a :> particulat case to allow,-(i) a state co-operative bank, in addition to the average daily balance which it is, or may be, required to maintain under section 42 of the reserve bank of india act, 1934, and 2 of , (ii) every other co-operative bank, in addition to the cash reserve which it is requited to maintain under section 18, shall maintain in india in cash, gold or unencumbered approved securities, valued at a price not exceeding the current market price, an amount which shall not at the close of business on any day be less than twenty-five per cent of the total' of its demand and time liabilities in india; (b) in computing the amount for the purpose of clause (a),-(i) any cash or balances maintained in india by a eooperative bank, other than a scheduled state co-operative bank, with itself or in current account with the reeerve bank or the state bank of india or with any otller bank which may be notified in this behalf by the central government and also any balances maintained with the state cooperative bank of the state concerned and, in the case of a primary co-operative bank, also any balances maintained with the central co-operative bank of the district concerned or with the state ~rative bank of the state concerned in excess of the aggregate of the cash or balances or both required to be maintained under section 18; and (it) arty balance maintaided by a scheduled state cooper'ative bank with the reserve bank in excess of the balance required to be maintained by it under section 42 of the reserve bank of india act, 1934, and any balances in current account maintained in india by a scheduled state co-operative bank with the state bank of india or with any other bank which may be notified by the central government, ihall be deemed to be cash maintained in india erpzanation-for the purposes of this sub-section,-(q) approved securities, or a portion thereof, representing investment of agricultural credit stabilization fund of a co'-opjerative bank shall not be deemed to be unencwd-bered approved securities; (b) balance with the state co-operative bank of the state concerned or with the central co-operative bank of the district concerned, or a portion thereof, representing investment of agricultural credtt stabilization fund of a c0-operative bank shall not be deemed to be cash maintained in india; }i (c) in case a co-ope~ e bank has taken an advance against any balance main, , ed with the state bank of india or with any other bank t, ,ell may be notifted in this behalf by the centralgp~nment or with the state co-operative bank q~ 'state concerned or with the central co-opjera-,,~ of the district concerned, such balance to the ,,,~,,"i , extent to which it has been drawn against or availed of shall not be deemed to be cash maintained in india"; - - - - - (w) in section 35,-(i) in sub-section (1),-- - - - - (b) the following proviso shall be inserted at the end namely:-"provided that the reserve bank may, if it considers necessary or expedient 10 to do, cause an inspection to be made of a primary co-operative bank under this sub-section by one or more officers of a state co-opetative bank in the state in which such primary co-operative bank carries on business and may, if it considers it necessary and expedient 90 to do, suwly a copy of the said report to the state co-operative bank or the regtatrar of co-operative societies of the state in which the impected bank is registered"; - - - - - (iii) the expl4nation shall be omitted; - - - - - teaj (~) in section", in sub·_uoft (1) clauses (b) and (d) shall b omit - - - '" - (zc) in section 46, in clallse (a) of the ea"pla~ion, at~r the words ''in· cl1,ldes a", the words "co-operative society," shall be inserted; - - - - - '" extracts from the state bank of india act, 1955 (23 of 1955) - '" - •return • balltncesheet, 6:1c:, of state bank maybe discussed at general meetinj 4g (1) the state bank shall furnish to the centrjll government and to the reserve bank within three months from the 31st day of december, as on which its books are closed and balanced its balance-sheet, together with the profit and loss account and the auditors' repprt on the working of the state bank during the period covered by the accounts: -provided that the central government may, after consultation with the reserve bank, extend the said period of three months by such further period, not exceeding three months, as it may think fit - '" '" '" '" 42 (1) '" '" '" - (2) th-: shareholders presem at an annual general meeting shall be entitled to discuss the balance-sheet and the profit and 10es account of the state bank made up to the previous m&tday of december, the repori of the central board on the working of the st~te-bank for the pterlod c0-vered by the accounts and the auditors' report on the balimce-sheet and accounts - - - - 43 (1) - '" '" (2) the officers, advisers and employees of the state bank shall exercise such powers and perform such duties as may ~ entrusted or delegated to them by the centtal board - - - '" - state bank mayappoint oftlcera and othfitr employ-~ e~cts from me state bank of india (subsd)iaily banks) act, 1_ (38 of 1959) , - - - ' - c (1) a supsidiary bank shall furnish to the state b~nk ~d the beserver~- returns to be turniahe4 bya nblidiary ltank (a) within three months from the 31~t day of december u on which its books are closed and balanced, its balance-sheet, together with the profit and lolls account alld the audi~r's report, ~ a report by the board of directors on the working of the subsidiary badt during the period covereq by the accounts; and ' - - - - , - '" '" - ' (2) the shareholders pi'eserit lit an annualgeneral meeting shall be e~tj~ed to discuss the balance-sh~t and profit and loss account of the bank concerned, made up to the previous 31st day of decc!luber, the report of the board of directors oq the working of that bank for the period covered by the accounts and the uditors' report on the balance-sheet and accounts i - - 12 (1) '" (3) all rules made under this thirty days before each house of are made, and shall be subject t power of central govern-dlent to mate rulee ction shall be laid for not less than rliament as soon as may be after they uch modifications as parliament may ey are so laid or the se~iqll iminema~(t d~ring the session in whi~ diately following extllacts from 1'he deposit invrancz coitl!oitatlon act, 1961 (47 o~i)'" '" '" io '" '" ~; 2 in this act, unless the contex~therwise requires,-delhlitiom 9 '" '" --'" '" , ,i!?1 w~ki~~ company" means any company which transacts the """,j:njioe&6 of banking in india and incll,ldes the state ban~, a sub- sidiary banll and any other banking institution notifiefl under section 51 of the banking regulation act, 1949, but does not include the tamil nadu industrial investment corporation limited; exp~ion-any company which is eng~ged in the manufacture of gpods or c~rries on any trade and which accepts de~ita of money from the public mtitfely for the pu~ of flnlulcidg u bulin("ss as such manufacturer or trader shall not be deetned to tradl8ct the business of banking within the meaning of this clause; '" '" '" '" '" (i) "~, 'red 'bank" mean s a banking company or a regional rural ·~n eligible co-opel'btive bank for the time being registered derthe pil'ovisions of this act and includes for the purposes of sections 16, 17, 18 and 21,-(i) a banking company referred to in clause (a) or clause ( b) of section 13, or (ii) a co-operativle blank referred to in clauae (a) or cla~ <,,> of secttan 1i3c, the registrat~op whereof has ~q cance~led under aection 13, or as the case may ~, under section 1ic; '" '" (k) "new banking company" means a benking company which begins to transact the business of banking after the commencement ot this act under a licence' ii'an~ to it under section 22 of the, banking regulation act, 1949, and includes any banking institution noufted: under iection 51 of the said act a£fr such commencement; - - - - - 6 (1) - - - - - board of cilrecton (2) a director nominated under clause (b) or clause (c) of subsection (1) shall hold office during ~e pleasure of the authority nominating him and a director nominatedjtnder cl~ (d) of sub-section (1) shall hold office for such period rft exceeding four years as may be specified by the central governmellf (3) a person shall not be capa\fe of being nominated as a director under clause (d) of sub-section (l)iif-(a) he has been removed 0 dismissed from the service of government or of a local authorit'! or of a corporation or company in which not less than ftfity~:)de ,r cent of the paid-up share capjtal is held by government; or (b) he is or at any time hs been adjudicated as insolvent or has suspended payment of his t'!bts or has compounded with his creditors; or (c) he is of unsound mind and stan\!i,,~:, declared by a competent court; or (d) he has been convicted of any offence which, in the oprl~n of the centl'1l1 government, involves moral turpitude - - 11 the corporation shall re-giater every new banking company 88 an insured bank as loon u may ·beafter it is granted a1ieence under section 22 of the banking regulation act, 1949, or, as the use may be, after it is notified under section 51 of the said act reliltntiod of new badkine companiea '" 13 (1) - '" - canceuatlonof registration (2) the provisions 01 clauaes (ei) (b), (c), (cl) mid (h) o~ aub-iiectioij (1) shall apply to a corresponding new bank as they ifj1ply to a bapldng company 32 (1) (2) the central government shall cause every author's report and report of the working of the corporation to be ledi for not less than thirty days before each house of parilament as soon as may be after each such report is received by the central government, 10f indestabliah_ milnt of correspondin, new banks -andbusi ness thereof, undertakings) act, 1970 (5 of 1970) (5) every corresponding new bank shall carryon and transact the business of'banking as deftned in clause (b) of section 5 of the banking regulation act, 1949, and may engage in one or more f()rms of business specified in sub-section (1) of seetion 6 of that act power of central govern-· mentto make schern!! (5) every scheme made by the cent government under this act shall be laid, as soon as may be after it s made, before each house of parliament while it is in session for a period of thirty days which may be comprised in one session or i two successive session, and if, before the expiry of the session in w 'ch it is so laid or the session immediately following, both houses agree in making any modiftcation in the scheme or both houses agree that the scheme should not be made, the scheme shall thereafter have efect only in such modified from or be of no effect, as the case may be; sf however, that any such modification or annulment shall be without pr+dice to the validity of anything previously done under that scherj\,r'· (4) every auditor of a corresponding new bank shall make a report to the central govern~ent upon the" annual balance-sheet and accounts and in every such report shall statet:losure of ae· counts ,lod dis· posalor profits (4) whether, in his opinion, the balance-sheet is a full and fair balance-sheet containing all the necessary particulars and is properly drawn up so as to exhibit a true and fair view of the affairs ilf the corresponding new bank, and in case he had called for any explanation or infornation, whether it has been given and whether it is 'i wl!ether or not the transactions of the corresponding new have come to his notice, have been within the powers " , \, whether or not the returns received from the offices and 'ancmts of the corresponding new bank have been found adequate for the purpose of his audit; (d) whether the profit and loss account shows a true balance of profit or loss for the period covered by such account; and (e) any other matter which he considers should be bro~ght to the notice of the central government '" '" - t (8) the central government shall cause every auditor's report and "report on the working and activ;ties of each corresponding new bank to ~ laid for not less than thirty days before each house of parliament as 1 800n as may be after each such report is received by itl'll! central government - - - - - extracts from the regional rural banks act, 1976(21 of 1976) - - - - - ciolw'eof areounta it (1) every regional kural bank shall cauaeits books to be olgfed and balanced as on the 31st day of december of each year and mall ap-point with the approval of the central government auditors for the audit of its accounts 1 of 1958 (2) every auditor of a regional rural bank shall be a person who is qualified to act as an auditor of a company under section 226 of the companies act, 1956, and mall receive such remuneration ali th~ regional rural bank may fix with the approval of the central government - - (4) every auditor of a ~l rural bank shall make a l'eport to that baak upon the annual balan~e-sheet and accounts and in every such report shall state,- 'l - - \ - - (e) any other n1atter which ,he considers should be brought to the notice of the regional rural baya:k~ 20 every regional rural bank shall, within sixty' tiayi:":irom the date of closure of its accounting year, send to ea~h of its shareh~ffit1"s a 'report as to its working and activities during the accounting year iirt\~7"'" diately preceding together with a copy of its balance-sheet, profit and loss account and the auditor's report in relation to the accounts of the said accounting year annual report to be furnished to the shareholden: t· a bill -i •••further to amend the bankers' books evidence act, 1891, he reserve bank of india act, 1934, the banking regu~cttionact, 19~, the state bank of india act, 19551,the state bank of india (subsi<arybanks) act, 1959, the deposit insurance and credit guaranteec:orporation act, 1961, the banking companies (acquisition and i'ransjer of undertakings) act, 1970 and the regional rural bank act, 1976minister finance)- (shri hid patel,

Parliament_bills

4a6120a7-a49f-5e09-a639-5afd6d3ceb5a

bill no 269 of 2017 the goods and services tax (compensation to states) amendment bill, 2017 a billto amend the goods and services tax (compensation to states) act, 2017 be 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 goods and services tax (compensation to states)amendment act, 2017(2) it shall be deemed to have come into force on the 2nd day of september, 201752 in the goods and services tax (compensation to states) act, 2017, in the schedule,—amendment to schedule15 of 2017(i) after serial number 4 and the entries relating thereto, the following serial number and entries shall be inserted, namely:—| (1) | (2) | (3) | (4) ||--------------------------------------------------------------------------------|--------------------|-----------|-------------|| "4a | motor vehicles for | 8702 10, | twenty-five || the transport of not | 8702 20, | per cent | || ad | | | || more than thirteen | 8702 30 or | | || valorem | | | || "; | | | || persons, including | 8702 90 | | || 5 | | | || the driver | | | || ( | | | || ii | | | || ) against serial number 5, for the entry in column (4), the entry "twenty-five | | | || per cent | | | || ad valorem" | | | || shall be substituted | | | || repeal and | | | || savings | | | || ord 5 of | | | || 2017 | | | || 3 | | | || ( | | | || 1 | | | || ) the goods and services tax (compensation to states) amendment | | | || ordinance, 2017 is hereby repealed | | | || 10 | | | || 15 of 2017 | | | |(2) notwithstanding such repeal, anything done or any action taken under the goods and services tax (compensation to states) act, 2017, as amended by the said ordinance, shall be deemed to have been done or taken under the said act as amended by this act statement of objects and reasonsthe goods and services tax (compensation to states) act, 2017 (15 of 2017) was enacted, with a view to provide for compensation to the states for the loss of revenue arising on account of implementation of goods and services tax the said act, inter alia, provides for imposition of compensation cess on intra-state as well as inter-state supplies of goods and services specified in the schedule to the said act at the rate, not exceeding the rate specified in the said schedule2 the goods and services tax council, in its 20th meeting held on 5th august, 2017has recommended an increase of 10% (that is from 15% to 25%) in the maximum rate (at which compensation cess may be collected) on the entry relating to motor vehicles falling under heading 8702 and 87033 the maximum rates for the said entries were to be increased immediately by amending the goods and service tax (compensation to states) act, 2017 before the next meeting of the goods and services tax council, which was to be held on 9th september, 2017, so as to ensure that the cushion in maximum rate for compensation cess for such motor vehicles was available at the said meeting4 as parliament was not in session, considering the extraordinary urgency of the situation, the hon'ble president of india promulgated the goods and services tax (compensation to states) amendment ordinance, 2017, on 2nd september, 20175 the bill seeks to replace the said ordinancenew delhi;arun jaitleythe 20th december, 2017 ———— president's recommendation under article 117 and 274 of the constitution of india ————[copy of do no 354/159/2017-tru dated 20 december, 2017 from shri arun jaitley, minister of finance to the secretary general, lok sabha]the president, having been informed of the subject matter of the goods and services tax (compensation to states) amendment bill, 2017, recommends under clause (1) and (3) of article 117 read with clause (1) of article 274 of the constitution, the introduction of the goods and services tax (compensation to states) amendment bill, 2017, in lok sabha and also recommends the consideration of the bill financial memorandumthe proposed goods and services tax (compensation to states) amendment bill, 2017 does not involve any recurring or non-recurring expenditure from the consolidated fund of india annexure extract from the goods and services tax (compensation to states) act, 2017 (15 of 2017)| | | | | ||------|------|------|------|-----| the schedule[see section 8(2)]| | | | | ||------|------|------|------|-----|2 the rules for the interpretation of the first schedule to the customs tariff act, 1975(51 of 1975), the section and chapter notes and the general explanatory notes of the first schedule shall, so far as may be, apply to the interpretation of this schedule| s no description of supply of | tarrif item, heading, | the maximum rate at which ||-----------------------------------|----------------------------|-----------------------------|| goods or services | sub-heading, chapter, | goods and services tax || or supply of goods or | compensation cess may be | || services, as the case | collected | || may be | | || (1) | (2) | (3) || | | || 4 | aerated waters | 2202 10 10 || ad valorem | | || 5 | motor cars and other motor | 8703 || ad valorem | | || vehicles principally designed | | || for the transport of persons | | || (other than motor vehicles for | | || the transport of ten or more | | || persons, including the driver), | | || including station wagons and | | || racing cars | | || | | |———— a billto amend the goods and services tax (compensation to states) act, 2017————(shri arun jaitley, minister of finance)gmgipmrnd—3043ls—20-12-2017

Parliament_bills

e158cb0b-733d-559b-a4a7-c3fd4d56f29a

financial memorandumat present, the banking companies (acquisition and transfer of undertakings) act, 1970 and the banking companieg (acquisition transfer of undertakings) act, 1980 provide that paid-up capital every corresponding new bank as are specified in cohumn 2 of the 'irst schedule to the aforesaid act may be increased by the central government, from time to time, provided that the paid-up capital of any such bank shall in no case be in excess of rupees five hundred through t above ceiling of rupees five hundred crores was provided through t amendments made to the acts in 1988 the government has been contributing to the paid-up capital of the said banks in the last few years with a view to enable them to achieve over a period internationally accepted capital adequacy norms as a result, in the case of one bank, the paid-up capital has already reached the present statutory limit of rupees five hundred crores some more banks are likely to reach the maximum limit in the near futare further contribution ae respect of these banks would be possible only if the present limit is revised upwards 2 the bill therefore proposes to enhance the existing ceiling from rupees five hundred crores to rupees one thousand five hundred crores, 3 a sum of rs 70) crores has been provided for this purpose in the budget estimates of the current year as investment in the equity capital - of the nationalised banks, the expenditure will be met from out of ' the consolidated fund of india this investment will be simultaneously re-invested by the said banks in interest bearing special securities to be issued by government of india and there would therefore be no net cash outgo from government funds 4 the provisions of the bill do not involve any other expenditure - of a recurring or non-recurring nature except for payment of interest on special securities , annexureexrracts from the banking companies (acquisition and transfer of undertakings) act, 1970 chapter ii transfer of the undertakings of existing banks(2a) notwithstanding anything contained in suibssection (2), the paid-up capital of every corresponding new bank constituted under sub-section (1) may from time to time be increased by— (a) such amounts as the board of directors of the corresponding new bank may, after consultation with the reserve bank and with the previous sanction of the central government, transfer from the reserve fund established by such bank to such paid-up capital (b) such amounts as the central government may, in consuitation with the reserve bank, contribute to such paid-up capital: provided that the paid-up capital of any such bank shall in no case be in excess of rupees five hundred crores os % se 9 (1) s (2) in particular, and without prejudice to the generality of the foregoing power, the said scheme may provide for all or any of the following matters, namely: - (a) the capital structure of the corresponding new bank, so however that the paid-up capital of any such bank shall not be in excess of rupees five hundred crores; : ax % extracts from the banking companigs (acquisition and transfer of unpertaxines) act, 1980 transfer of the undertakings of existinc banks(2a) notwithstanding anything contained in sub-section (2), the paid-up capital of every corresponding new bank constituted under sub-section (1) may frorn time to time be jnereased by— (a) such amounts as the board of directors of the corresponding new bank may, after consultation with the reserve bank and with establish ment of corres ponding new banks and business thereofthe previous sanction of the central government, transfer fror reserve fund established by such bank to such paid-up capital; (6) such amounts as the centra] government may, in consulte tion with the reserve bank, contribute to such paid-up capital: provided that the paid-up capital of any such bank shall in no be in excess of rupees five hundred crores (2) in particular, and without prejudice to the generality of the fo: going power, the said scheme may provide for all or any of the following matters, namely: - ' ever that the paidup capital of any such bank shall not be in exc of rupees five hundred crores;

Parliament_bills

6d5ff77b-f48e-56a8-b02e-790ff8bd19e2

financial memorandumclause 3 of the bill provides for maintenance of accounts by panchayats at various levels it further provides for auditing of such accounts by comptroller and auditor-general of india more auditors have to be appointed for this purpose this will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees twenty crore from the consolidated fund of india a non-recurring expenditure of about rupees ten crore is also likely to be involved annexure extract from the constitution of india243c(1) (2) (3) (4) (5) + 5(a) (5) (b) a panchayat at the intermediate level or district level shall be elected composition of panchayats by, and from amongst, the elected members thereof 2433 the legislature of a state may, by law, make provisions with respect to the maintenance of accounts by the panchayats and the auditing of such accounts audit of accounts of panchayats

Parliament_bills

99e7ce72-5927-58d1-b6ca-fe576c47e8c2

bill no 182 of 2018 the prevention of acid attacks and rehabilitation of acid attack victims bill, 2018 by dr kakoli ghosh dastidar, mp a billto provide for prevention of acid attacks by surveillance over sale, supply and use of acidor other such corrosive agents and rehabilitation of victims of acid attack and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:— chapter i preliminaryshort title, extent and commencement(2) it extends to the whole of indiain the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "acid" means any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability;5(b) "acid attack victim" means a woman on whom acid has been poured or sprinkled with the intention of causing bodily injury or disfigurement and who, as a consequence of such act, has suffered any bodily injury or disfigurement effected by chemical action of the acid(c) "appropriate government" means,—(i) in relation to a union territory, the central government; and10(ii) in relation to a state, the government of that state; and(d) "prescribed" means prescribed by rules made under this act chapter ii regulation of trade, sale, supply and use of acid153 (1) every person engaged in the business or trade of acid shall maintain records of sale, purchase and supply of acid and its quantity, concentration and chemical compositionregulation of sale, purchase, trade, orsupply of acid(2) no person shall sell or otherwise deliver to a person an acid of higher concentration than the prescribed degree for the intended use by such person20(3) no person shall sell or otherwise deliver acid to a person without keeping a record of his identity, the quantity of acid and the purpose for which the acid is to be used(4) every person who sells or delivers acid to a person shall install cctv for recording and monitoring of sale process of acid4 the central government shall, by notification in the official gazette, specify the kinds and degrees of concentration of acid to be used for different purposesclassification of acid concentration for different purposes25 chapter iii constitution of boardconstitution of board5 (1) the central government shall, by notification in the official gazette, constitute a board to promote and undertake such rehabilitation and welfare measures, as it may think fit, for the victims of acid attack throughout the country30(2) without prejudice to the generality of the provisions of sub-section (1), the rehabilitation and welfare measures may provide for—(a) assessing the incidents of acid attacks in the country; (b) payment of such compensation to victims of acid attack as may be prescribed;35(c) rehabilitation measures including employment in government or its organizations or providing facilities of self employment, through vocational training; and(d) such other facilities as may be prescribed(3) the board shall consist of—(a) a retired judge of the high court as chairperson; and40(b) five other members having such experience as may be prescribed, to be appointed by the central government in such manner as may be prescribed: provided that at least two members of the board shall be women(4) 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 prescribed chapter iv rehabilitation of acid attack victims5| acid | attack ||----------------|----------|| victims to be | || treated | as || persons with | || disability in | || certain cases | |106 where an acid attack has caused substantial bodily harm to or resulted indisfigurement of the victim, such victim shall be deemed to be person with disability for the purposes of availing benefits under various schemes, including employment under the central government, any state government, any local body, autonomous bodies under any government or any public sector undertakings depending on percentage of burn or bodily harm or disfigurement of the victim:provided that if the victim is incapable of employment, reimbursement of expenditure incurred on her medical treatment and compensation for rehabilitation shall be determined by degree of burn or disability as prescribed by the board chapter v15 offences and penaltiesoffences and penalties7 any person who contravenes the provisions of section 3 shall be punished with simple imprisonment for a term which may extend upto six months or with fine which may extend upto five lakh rupees or with both chapter vi20 amendment of the indian penal code45 of 1860amendment of section326a8 in section 326a of the indian penal code, 1860 (hereinafter referred to as the code),for the words "and with fine", the words "and with fine, which shall not be less than rupees ten lakh" shall be substituted25amendment of section326b9 in section 326b of the code, for the words "seven years, and shall also be liable tofine", the words "ten years, and shall also be liable to fine which shall not be less than rupees three lakhs" shall be substituted chapter vii amendment of the code of criminal procedure2 of 19743010 in section 357c of the code of criminal procedure, 1973 the following explanationshall be inserted at the end namely:—amendment of section357a"explanation— for the purposes of this section, any reconstructive procedures andsurgeries required shall be treated as medical treatment"amendment of the first schedule3511 in the first schedule to the code of criminal procedure, 1973, under the heading"i- offences under the indian penal code", in the entry relating to section 326b, in column 3, for the words and number "which may extend to 7 years and with fine", the words and number "which may extend to 10 years and shall also be liable to fine which shall not be less than rupees three lakh" shall be substituted chapter viii miscellaneous40power to remove difficulties12 if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appear to it to be necessary or expedient for removing the difficulty:45provided that no such order shall be made under this section after the expiry of three years from the commencement of this actact to have overriding effect13 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act14 (1) the central government may, by notification in the gazette of india, make rules for carrying out the purpose of this actpower to make rules510(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit is perturbing that there are certain forms of violence against women which emanate from the medieval mindset of subjugation of women and still continues one manifestation of this mindset is incidents of acid attacks on womenthough acid attack is a crime which can be committed against any man or women, it has a specific gender dimension in india most of the reported acid attacks have been committed on women, particularly young women for spurning suitors, for rejecting proposals of marriage recently, there was a report in media of acid attack by husband on his wifeuntil 2013, there was no clear mechanism to ascertain the number of cases involving acid attacks since the indian penal code, 1860 did not recognise it as a separate offence the offence of acid attack was being dealt with under various sections of the indian penal code (ipc) and only estimates of figures of such attacks were available the criminal law (amendment) act, 2013 inserted new sections 326a and 326b in the indian penal code and made specific offences of hurt by use of acidthough cases of acid attacks on women have been witnessed for decades, the need to address the legislative framework underlying the offence of acid attack was emphasised by the supreme court in laxmi versus union of india in this case, the court issued directions inter alia regarding compensation to acid attack victims, effective regulation of sale of acid, and free treatment of victims some of these guidelines have been incorporated in law still, there is little clarity on issues such as penal provisions against dealers making unregulated sales of acid, adequacy of the amount of compensation of victims, their status as persons with disabilities, etcthe bill, with a view to facilitate rehabilitation of victims of acid attack inter aliaprovides for—(i)classification of acid on the basis of its intensity and concentration and toprevent sale of acid of higher concentration for day-to-day purposes;(ii)prohibition of sale of acid without verifying identity of the buyer and thepurpose of its use;(iii) maintenance of proper records of stock, sales, supply, etc of acid by dealers; (iv) making unregulated sale of acid an offence punishable with six monthsimprisonment and fine;(v)treatment of acid attack victims as persons with disabilities for the purposesof extending benefits under various schemes of the governments, including employment under the central government, state governments or bodies thereunder;(vi) increasing the maximum quantum of punishment for acid attack under section326b of the indian penal code, 1860 to imprisonment for ten years;(vii) stipulating the minimum amount of compensation for acid attack victims asten lakh in cases of grievous hurt and three lakh in other cases or such higher amount as may be specified;(viii) constitution of a board to take rehabilitation and welfare measures for thevictims of acid attack; and(ix) inclusion of reconstructive cosmetic surgeries and psychological counselingto victims as part of medical treatment in case of acid attackthe bill seeks to achieve the above objectives hence this bill financial memorandumclause 5 of the bill provides for constitution of a board to take appropriate and various other rehabilitation and welfare measures for the victims of acid attack including payment of compensation to the victims clause 6 provides for employment or facilities for self-employment to the victims of acid attack the bill, therefore, if enacted will involve expenditure from the consolidated fund of india at this stage, it is not possible to give an estimate of recurring or non-recurring expenditure involved since it would depend upon the number of eligible acid attack victims however, it is estimated that a recurring expenditure of one hundred crore is likely to be involved per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 14 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the matters in respect of which rules may be made are matters of procedure and details only and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extract from the indian penal code, 1860 (45 of 1860) voluntarily causing grievous hurt by use of acid, etc326awhoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt, shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim:provided further that any fine imposed under this section shall be paid to the victim voluntarily throwing or attempting to throw acid326bwhoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine extracts from the code of criminal procedure, 1973 (2 of 1974) treatment of victims357c all hospitals, public or private, whether run by the central government, the state government, local bodies or any other person, shall immediately, provide the firstaid or medical treatment, free of cost, to the victims of any offence covered under section 326a, 376, 376a, 376b, 376c, 376d or section 376e of the indian penal code, and shall immediately inform the police of such incident the first schedule classification of offences i offences under the indian penal code| section | offence | punishment | cognizable or | bailable or | by what court ||--------------------------|--------------|-------------------------|-----------------|------------------|-----------------|| non- | non-bailable | triable | | | || cognizable | | | | | || 1 | 2 | 3 | 4 | 5 | 6 || 326b | voluntarily | imprisonment cognizable | non-bailable | court of session | || throwing or | for 5 years | but bailabale | | | || attempting | which may | session | | | || to throw acid extend to | | | | | || 7 years and | | | | | || with fine | | | | | || | | | | | |———— a billto provide for prevention of acid attacks by surveillance over sale, supply and use of acid or other such corrosive agents and rehabilitation of victims of acid attack and matter connected therewith or incidental thereto————(dr kakoli ghosh dastidar, mp)

Parliament_bills

bb8314e8-47d4-5bc8-adce-bbc40ec2997d

bill no 163 of 2018 the national agricultural policy commission bill, 2018 by shri nihal chand chauhan, mp a billto provide for establishment of a national agricultural policy commission to formulatepolicies on improvement and development of agriculture in the country andfor matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called national agricultural policy commission act, 2018short title and commencement(2) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—(b) "agricultural produce" includes paddy, wheat, coarse cereals, pulses, vegetables, fruits and flowers and such other agricultural produce as may be notified by the central government, from time to time;5(c) "commission" means the national agriculture policy commission constituted under section 3;(d) "farmer" means any person who cultivates land or causes it to be cultivated for agricultural or horticultural purposes;(e) "fund" means the agriculture development fund constituted under section 6; and10(f) "prescribed" means prescribed by rules made under this act3 (1) the central government shall, by notification in the official gazette, establish a commission to be known as the national agriculture policy commission for carrying out the purposes of this actestablishment of national agriculture policy commission(2) the commission shall consist of—(a) a chairperson, having special knowledge in the field of agriculture; and15(b) four members including agricultural producers and experts in matters related to the agriculture and agricultural research, to be appointed by the central government in such manner as may be prescribed20(3) the central government shall provide such number of experts, officers and staff to commission, as may be required for its efficient functioning(4) the salary and allowances payable to and other terms and conditions of service of the chairperson, members, experts and officers and staff of the commission shall be such as may be prescribed4 it shall be the responsibility of every state government to furnish the following information to the commission:—25(a) total area under agriculture under its jurisdiction; (b) total production in agriculture;responsibility of the state government to furnish information to the commission(c) annual demand of agricultural products; (d) potential for increase in export of agricultural products; and30(e) potential for establishment of industries based on agriculturefunctions of the commission5 (1) the commission shall, on receipt of information from the state governments under section 4, formulate such policies, as it may deem appropriate, for the development of agriculture in the country35(2) without prejudice to the generality of the foregoing provision, the policies shall include:—(a) appointment of experts to study the situation of agriculture, from time to time;(b) formulating measures to improve production and quality of agricultural produce by reducing the cost of agricultural inputs;(c) taking steps related to storage and marketing of agricultural produce;40(d) undertaking study of capacity and weaknesses of farmers in agriculture; (e) analysing the reasons for reduction in income from agriculture and suggestionsfor increasing the income of farmers;(f) framing scheme to increase productivity, profitability and stability of agricultural systems in states;(g) suggestions to maximise the agricultural production with the use of availablesurface water and minimum use of underground water;5(h) measures for prevention of crop damage due to climate change, maintainenvironmental balance and increase the soil fertility;(i) formulation of short-term and long-term policies for agricultural produce; (j) providing funds to states for establishment of industries based on agriculturalproducts and development of agriculture; and10(k) formulate such other policies, from time to time, as it may deem appropriatefor carrying out the purposes of this act6 the central government shall, by notification in the official gazette, constitute a fund to be known as the agriculture development fund for carrying out the purposes of this actconstitution of the agriculture development fund157 the central government shall, after due appropriation made by parliament by lawin this behalf, provide necessary requisite funds, from time to time, for carrying out the purposes of this actcentral government to provide requisite funds8 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any othcr law for the time being in forceact to have overriding effect20power to make rules9 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purpose of this act25(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 the rule statement of objects and reasonsfarmers and agriculture can survive only when farmers are given due priority and respect former prime minister late shri lal bahadur shastri had given a slogan 'jai jawan jai kisan' to safeguard the interests of farmers and encourage sustainable practice of agriculture however, the incidence of suicide by farmers and agricultural crisis are not less than any national disaster intensive agriculture based on high external grants has seriously affected our soil, water, biodiversity and climate therefore, concrete steps should be taken to make the livelihood of farmers stable, respectable and self-reliantafter seventy years of independence there is a need for constituting a national agriculture policy commission for the welfare of farmers to ensure income of farmers and minimize risks related to productivity so that farmers are not forced to leave farming resources like land, water, jungle, seed and knowledge are required to be protected there is a need to review the agricultural policy based on increased consumption of water supply, energy and chemicals to reduce the cost of agriculture infrastructure development be encouraged at village level for storage, processing, marketing of agricultural produce through cooperative institutions so that farmers can prosperthe bill, therefore, seeks to establish a national agriculture policy commission for improvement and development of agriculture and also to increase the productivity and quality of agricultural produce in the countrythe bill seeks to achieve the above objectivesnew delhi;nihal chand chauhanjuly 9, 2018 financial memorandumclause 3 of the bill provides for the constitution of a national agriculture policy commission it also provides that the central government shall make available necessary experts, officers and staff for the efficient functioning of the commission clause 6 provides for the constitution of an agriculture development fund clause 7 provides that the central government shall provide requisite funds to the commission for carrying out the provisions of this act the bill, therefore, if enacted, is likely to involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about rupees five hundred crore would be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees hundred crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the 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 establishment of a national agricultural policy commission to formulate policies on improvement and development of agriculture in the country and for matters connected therewith or incidental thereto—————(shri nihal chand chauhan, mp)mgipmrnd—1840ls(s3)—01-11-2018

Parliament_bills

b4be6a18-7140-522b-b0b3-2217b56e9e12

bill no 244 of 2018 the suicide prevention in youth bill, 2018 by shri anurag singh thakur, mp abillto address the increasing prevalence of suicide especially amongst the youth of the country with a community-based approach focusing on timely intervention and removal of stigma associated with reporting of mental illness and increasing lines of communication and for matters connected therewithwhereas the convention on rights of persons with disabilities and its optional protocol was adopted on the 13th december, 2006 at united nations headquarters in new york and came into force on the 3rd may, 2018;and whereas india has signed and ratified the said convention on the 1st day of october, 2007;and whereas it is necessary to align and harmonize the existing laws with the said conventionbe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—1 (1) this act may be called the suicide prevention in youth act, 2018short title, extent and commencement(2) it extends to whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "agency" means the youth mental health agency established under section 4; (b) "annual report" means a report giving the details of developmental activities taken up over the year by the agency and detailing about targets set and achieved;5(c) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;10(d) "counseling" means the application of mental health, psychological or human development principles through cognitive, effective, behavioral or systemic interventions and strategies to address wellness, personal growth, or career development as well as pathology;(e) "educational institution" means —15(i) a middle or a secondary or a senior secondary level school imparting education to children, or any college owned by the appropriate government, local authority or non-governmental organization, institute or university imparting higher education recognized by the government or established under an act of the central government or a state government or run by a non- governmental organization, by whatever name such institution is called; and(ii) schools and colleges managed by a private entity, society or a trust which impart education at secondary, senior secondary level and university level;20 25(f) "employee" means a person employed at a workplace for any work on regular, temporary, ad hoc or daily wage basis, either directly or through an agent, including a contractor with or without the knowledge of the principal employer, whether for remuneration or not, or working on a voluntary basis or otherwise, whether the terms of employment are express or implied and includes a co-worker, a contract worker, probationer, trainee, apprentice or called by any other such name but does not include domestic worker working at home;(g) "mental health promotion" refers to activities that optimize the creation of individual, social and environmental conditions that enable optimal psychological and psycho physiological development of a person;30(h) "media" includes print, electronic, online and digital platforms for communication;(i) "prescribed" means prescribed by rules made under this act;35 3 of 1956 102 of 1956 102 of 1956 40(j) "psychiatrist" means a medical practitioner possessing a post-graduate degree or diploma in psychiatry awarded by an university recognized by the university grants commission established under the university grants commission act, 1956, or awarded or recognised by the national board of examinations and included in the first schedule to the indian medical council act, 1956, or recognised by the medical council of india, constituted under the indian medical council act, 1956 and includes, in relation to any state, any medical officer who having regard to his knowledge and experience in psychiatry, has been declared by the government of that to be a psychiatrist for the purposes of this act;(k) "workplace" includes —45(i) office of any department, organization, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the appropriate government or the local authority or a government company or a corporation or a co-operative society;5(ii) office of any private sector organization or a private venture, undertaking, enterprise, institution, establishment, society, trust, nongovernmental organization, unit or service provider carrying on commercial, professional, vocational, educational, entertainment, industrial, health services or financial activities including production, supply, sale, distribution or service; and(iii) hospitals or nursing homes(l) "youth" means a person who has attained the age of fifteen years but below the age of thirty years103 the appropriate government shall, within one year of the commencement of this act, by notification in the official gazette, formulate a comprehensive national suicide prevention strategy for prevention of suicides particularly among youth in the countryformulation of national suicide prevention strategy154 the central government shall, as soon as may be, but within one year of the commencement of this act, by notification in the official gazette, constitute an agency to be known as the youth mental health agency to monitor, advise and supervise the provisions of this actconstitution a youth mental health agency5 the agency shall,—functions of the agency(a) develop the coordination and cooperation between concerned ministries of the appropriate government and stakeholders based on the guidelines of the national suicide prevention strategy formulated under section 3;20(b) compile and disseminate knowledge and guidance in collaboration with relevant agencies and stakeholders;25(c) strengthen knowledge-building and develop new knowledge in collaboration with agencies and relevant stakeholders and provide support to such development work;(d) develop monitoring of the suicide preventative activities in collaboration with relevant agencies and stakeholders; and(e) publish annual reports on the development of the area based on its role as a coordinating agency30setting up of counselling centres6 the appropriate government shall ensure that counselling centres consisting ofprofessionally trained counsellors are set up in every state to provide services to students, research scholars and faculties including non-teaching staff in such manner as may be prescribed357 the appropriate government shall direct all educational institutions and workplaces to constitute a mental health committee for carrying out the purposes of this actconstitution of mental health committees in all educational institutions and work places8 the mental health committees constituted under section 7 shall,—functions of the mental health committee(a) undertake mental health promotion through creating awareness about mental health issues and stress management in the educational institution through regular talks, seminars, discussions on a routine basis;40(b) ensure that every educational institution set up a counselling cell wherestudents, faculty, non-teaching staff and employees including faculty members mayaccess a professionally trained psychological counsellor free of cost in case of any mental distress;(c) ensure that there is at least one psychiatrist to provide mental healthcare counselling in every counselling cell; and5(d) submit an annual report stating the year-round activities undertaken by it to the agency 9 (1) the appropriate government shall provide mental healthcare counselling in every government school in such manner as may be prescribed10mental healthcare counselling in government schools(2) the appropriate government shall appoint adequate number of psychiatrists to provide mental healthcare counselling in government schools in such manner, as may be prescribed10 (1) the appropriate government shall ensure that every educational institution and workplace disseminate and provide opportunities to discuss suicide prevention awareness information to all employees and studentsinformation dissemination and awareness building15(2) the information dissemination and suicide prevention information under subsection (1) shall include but not limited to the following:—(a) providing information on all crises intervention tools such as national and local helpline numbers, self-help groups, availability of psychologists; and(b) providing information about depression and suicide prevention resources available to students20(3) the information provided to students under sub-section (2) shall pertain to mental health services and other support services, including student-run organizations for individuals at risk of or affected by tendencies of suicide2511 (1) the appropriate government shall ensure that teaching and non-teaching staff in educational institutions undergo training focused on measures to be taken for prevention of suicide, identify possible signs and patterns of depression, suicide and self-harmmandatory suicide preventive training in educational institutions and workplaces(2) the appropriate government shall ensure that all employees at workplaces undergone training for taking preventive measures and checking tendencies of suicide among their family members and colleagues30(3) the training under sub-section (1) and (2) shall be undertaken by experienced psychiatrists, counsellors and medical practitioners at least once a year 12 the appropriate government shall set up a toll-free 24/7 national suicide prevention lifeline numbercreation of a toll-free national suicide prevention lifeline number13 the appropriate government shall take necessary measures to ensure—35(a) restriction on access to information on the internet and other sources for availing unauthorized psychological services;appropriate government to take measures to curb spread of harmful online material(b) promotion of methods to check tendencies of suicide and self-harm and prevention of indulging in online games that endorse harmful behaviour;40(c) development of a system of alert and restriction on online sites that endorse harmful behaviour such as self-harm; and(d) improve parental control on online sites that advertise content which actively encourages or glorifies suicides or self-harm14 the appropriate government shall take measures to ensure that media reporting of mental health issues is carried out in an appropriate manner with cautionmedia reporting on mental health issues15 the appropriate government shall take all measures to ensure that,—creating awareness about mental health illness(a) the provisions of this act are given wide publicity through public media including television, radio, print and online media at regular intervals;5(b) to reduce stigma associated with mental illness are planned, designed, funded and implemented in an effective manner; and(c) the appropriate government officials including police officers and other officers of the appropriate government are given periodic sensitization and awareness training on the issues under this act10power to remove difficulties16 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act, as appears to it to be necessary or expedient for removing the difficulty:15provided that no such order shall be made after expiry of two years from the date of commencement of this act(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament17 the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in force20act not in derogation of any other lawpower to make rules18 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act25(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions, aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have affect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule30 statement of objects and reasonssuicide is the second leading cause of death among fifteen to twenty-nine years old youth globally albeit, it is often cited as the most preventive form of death according to data from the national health profile, 2018, the rates of suicide in india have increased in the last ten years the internationally acclaimed medical journal lancet has reported that in the year 2016 alone, an estimated 230,300 indians committed suicide, a forty per cent increase from the year 1990 further, india accounted for thirty per cent of all suicides reported globally for women and twenty-six per cent for menat risk for suicide are generally the adolescents and young adults according to national mental health survey 2016, nearly 98 million of young indians aged between 13-17 years are in need of active interventions of mental healthcare due to some form of mental disorder the student suicide rate in the country has also seen a rise in the last three years stigma associated with reporting of mental health disorders may mean that the number is much higherin a technological saturated world there is a plethora of harmful content that can influence young minds the age bracket has additional pressures to excel in school and workplaces additionally, hormonal and bodily changes in adolescents can further put pressure on the young mind shift towards nuclear family structures often result in reduction of interaction time with parents and family members while acknowledging that suicide is a complex phenomenon that occurs due to a multitude of factors, rather than a specific cause, timely intervention can save millions of lives the first step in reduction of suicide in the country is through reducing the stigma attached to mental health issues stigma contributes to the huge burden of mental morbidity, being a road-block to treatment seeking a communitybased response has been recommended by the world health organization as a way to open lines of communications and reduce stigma the school becomes an important place of intervention as adolescents and young adults spend a majority of their time there suicide prevention training for faculty and teachers can help in early identification of signs of mental distressthe high suicide rate in india warrant a swift and serious policy response this mental health intervention may help to provide a ray of hope towards a dignified life for millions of adolescent and young adultshence this billnew delhi;anurag singh thakurnovember 19, 2018 financial memorandumclause 4 of the bill provides that the central government shall establish a youth mental health agency clause 6 provides that the appropriate government shall establish counselling centres in every state clause 7 provides that the educational institutions and workplaces shall establish mental health committees clause 8 provides for the functions of the mental health committee clause 9 provides for mental healthcare counselling in every government school it also provides for appointment of adequate number of psychiatrists clause 12 provides that the appropriate government shall create a national suicide prevention 24/7 toll-free help-line number clause 15 provides for wide publicity through public media including television, radio, print and online media at regular intervals about the provisions of this act 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 one 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 18 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 address the increasing prevalence of suicide especially amongst the youth of thecountry with a community-based approach focusing on timely intervention andremoval of stigma associated with reporting of mental illness and increasinglines of communication and for matters connected therewith————(shri anurag singh thakur, mp)mgipmrnd—2076ls(s-3)—20-12-2018

Parliament_bills

cf05af7f-891d-5882-b539-48a26b1ae878

bill no 80 of 2018 the appropriation (no 2) bill, 2018 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 2018-19 be it enacted by parliament in the sixty-ninth year of the republic of india as follows:—short title1 this act may be called the appropriation ( no 2) act, 20185issue of rs 9461524,08,00,000 out of theconsolidated fund of india for the financial year 2018-192 from and out of the consolidated fund of india there may be paid and applied sums not exceeding those specified in column 3 of the schedule amounting in the aggregate to the sum of ninety-four lakh sixty-one thousand five hundred twenty-four crore and eight lakh rupees towards defraying the several charges which will come in course of payment during the financial year 2018-19 in respect of the services specified in column 2 of the schedule10appropriation3 the sums authorised to be paid and applied from and out of the consolidatedfund of india by this act shall be appropriated for the services and purposes expressed in the schedule in relation to the said year154 references to ministries or departments in the schedule are to such ministriesor departments as existing immediately before the 13th september, 2017 and shall, on or after that date, be construed as references to the appropriate ministries or departments as reconstituted from time to timeconstruction of references to ministries or departments in the schedulethe schedule(see sections 2, 3 and 4)123sums not exceedingno of voteservices and purposesvotedchargedby parliamenton thetotalconsolidatedfund1department of agriculture,cooperation and farmers'welfarerevenue46586,30,00,00046586,30,00,000capital113,70,00,000113,70,00,0002department of agricultural research and educationrevenue7800,00,00,000 7800,00,00,0003department of animal husbandry, dairying andfisheries revenue3536,11,00,000 3536,11,00,000capital43,89,00,000 43,89,00,0004department of atomic energy revenue13928,15,00,0001,00,00,00013929,15,00,000capital7588,73,00,00050,00,0007589,23,00,0005ministry of ayurveda, yoga and naturopathy, unani,siddha and homoeopathy (ayush)… revenue2107,10,00,000 2107,10,00,000capital23,70,00,000 23,70,00,0006department of chemicals andpetrochemicals revenue199,65,00,000 199,65,00,0007department of fertilisers revenue73485,35,00,000 73485,35,00,000capital4,00,000 4,00,0008department of pharmaceuticals revenue261,47,00,000 261,47,00,000capital6,00,000 6,00,0009ministry of civil aviation revenue5881,86,00,000 5881,86,00,000capital721,00,00,000 721,00,00,00010ministry of coal revenue770,91,00,000 770,91,00,00011department of commerce revenue4741,70,00,000 4741,70,00,000capital510,00,00,000 510,00,00,00012department of industrial policy and promotion revenue5430,56,00,000 5430,56,00,000capital709,67,00,000 709,67,00,00013department of posts revenue28514,24,00,00080,00,00028515,04,00,000capital757,52,00,000 757,52,00,00014department of telecommunications revenue33052,53,00,000 33052,53,00,000capital5002,75,00,000 5002,75,00,00015department of consumer affairs revenue1755,93,00,000 1755,93,00,000capital48,59,00,000 48,59,00,00016department of food and public distribution revenue173735,00,00,000 173735,00,00,000capital50424,10,00,000 50424,10,00,00017ministry of corporate affairs revenue567,65,00,000 567,65,00,000capital26,50,00,000 26,50,00,00018ministry of culture revenue2764,28,00,000 2764,28,00,000capital79,04,00,000 79,04,00,00019ministry of defence (misc) revenue28457,28,00,00076,00,00028458,04,00,000capital6616,73,00,00035,00,00,0006651,73,00,00020defence services (revenue) revenue205018,34,00,000107,46,00,000 205125,80,00,00021capital outlay on defence servicescapital93897,78,00,00084,35,00,00093982,13,00,00022defence pensions revenue108850,84,00,0002,46,00,000 108853,30,00,00023ministry of development of north eastern regionrevenue2326,00,00,000 2326,00,00,000capital734,00,00,000 734,00,00,00024ministry of drinking water and sanitation revenue22356,60,00,000 22356,60,00,00025ministry of earth sciences revenue1704,28,00,000 1704,28,00,000capital100,00,00,000 100,00,00,00026ministry of electronics and information technology revenue5675,00,00,000 5675,00,00,000capital325,00,00,000 325,00,00,00027ministry of environment, forests and climate changerevenue2594,67,00,000 2594,67,00,000capital88,75,00,000 88,75,00,00028ministry of external affairs revenue13374,47,00,0003,00,00013374,50,00,000capital1636,50,00,000 1636,50,00,00029department of economic affairs revenue4871,23,00,000 4871,23,00,000capital13458,23,00,000 13458,23,00,00030department of expenditure revenue413,33,00,000 413,33,00,000| rs | rs | rs ||------------|----------------|---------------|| 1 | 2 | 3 ||--------------------------|----------------------------------------------------|--------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 31 | department of financial services | revenue || | | || 1739,05,00,000 | | || capital | 69838,01,00,000 | || | | || 69838,01,00,000 | | || 32 | department of investment and public asset | || management (dipam) | revenue | 44,00,00,000 || 33 | department of revenue | revenue || 2,00,000 | | || 180941,26,00,000 | | || capital | 8,44,00,000 | || | | || 8,44,00,000 | | || 34 | direct taxes | revenue || | | || 6728,00,00,000 | | || capital | 254,00,00,000 | || | | || 254,00,00,000 | | || 35 | indirect taxes | revenue || 50,00,000 | | || 7418,50,00,000 | | || capital | 407,00,00,000 | || | | || 407,00,00,000 | | || 36 | indian audit and accounts department | revenue || 160,53,00,000 | | || 4614,12,00,000 | | || capital | 16,00,00,000 | || | | || 16,00,00,000 | | || c | | || harged | | || | | || ——interest payments | | || revenue | | || 590794,95,00,000 | | || 590794,95,00,000 | | || c | | || harged | | || | | || ——repayment of debt | | || capital | | || 6084973,37,00,000 | | || 6084973,37,00,000 | | || 39 | pensions | revenue || 260,00,00,000 | | || 47430,00,00,000 | | || 40 | transfers to states | revenue || 109373,50,00,000 | | || 141873,50,00,000 | | || capital | | || 20100,00,00,000 | | || 20100,00,00,000 | | || 41 | ministry of food processing industries | revenue || | | || 1400,00,00,000 | | || 42 | department of health and family welfare | revenue || | | || 74349,45,00,000 | | || capital | 2720,40,00,000 | || | | || 2720,40,00,000 | | || 43 | department of health research | revenue || | | || 3216,00,00,000 | | || 44 | department of heavy industry | revenue || | | || 739,24,00,000 | | || capital | 386,49,00,000 | || | | || 386,49,00,000 | | || 45 | department of public enterprises | revenue || | | || 20,44,00,000 | | || 46 | ministry of home affairs | revenue || 2,00,000 | | || 4468,91,00,000 | | || capital | 324,45,00,000 | || | | || 324,45,00,000 | | || 47 | cabinet | revenue || | | || 770,00,00,000 | | || 48 | police | revenue || 9,56,00,000 | | || 77314,80,00,000 | | || capital | 11057,35,00,000 | || 6,10,00,000 | | || 11063,45,00,000 | | || 49 | andaman and nicobar island | revenue || 1,00,000 | | || 3993,00,00,000 | | || capital | 600,86,00,000 | || | | || 600,86,00,000 | | || 50 | chandigarh | revenue || 44,41,00,000 | | || 4006,88,00,000 | | || capital | 430,03,00,000 | || 75,00,00,000 | | || 505,03,00,000 | | || 51 | dadra and nagar haveli | revenue || 1,00,000 | | || 803,00,00,000 | | || capital | 318,34,00,000 | || | | || 318,34,00,000 | | || 52 | daman and diu | revenue || 2,00,000 | | || 1364,08,00,000 | | || capital | 311,41,00,000 | || | | || 311,41,00,000 | | || 53 | lakshadweep | revenue || | | || 1130,61,00,000 | | || capital | 266,70,00,000 | || | | || 266,70,00,000 | | || 54 | transfer to delhi | revenue || | | || 790,00,00,000 | | || 55 | transfer to puducherry | revenue || | | || 1476,00,00,000 | | || 56 | ministry of housing and urban affairs | revenue || 88,22,00,000 | | || 25598,15,00,000 | | || capital | 16314,69,00,000 | || 101,16,00,000 | | || 16415,85,00,000 | | || 57 | department of school education and literacy | revenue || | | || 82516,30,00,000 | | || 58 | department of higher education | revenue || | | || 46778,08,00,000 | | || capital | 2752,00,00,000 | || | | || 2752,00,00,000 | | || 59 | ministry of information and broadcasting | revenue || | | || 4065,58,00,000 | | || capital | 23,40,00,000 | || | | || 23,40,00,000 | | || 60 | ministry of labour and employment | revenue || | | || 7677,75,00,000 | | || capital | 22,25,00,000 | || | | || 22,25,00,000 | | || 61 | ministry of law and justice | revenue || | | || 2586,33,00,000 | | || capital | | || 1800,00,00,000 | | || | | || 1800,00,00,000 | | || 62 | election commission | revenue || | | || 248,66,00,000 | | || capital | 19,30,00,000 | || | | || 19,30,00,000 | | || c | | || harged | | || | | || ——supreme court of india | | || revenue | | || 251,06,00,000 | | || 251,06,00,000 | | || 64 | ministry of micro, small and medium enterprises | revenue || | | || 6540,04,00,000 | | || capital | 12,57,00,000 | || | | || 12,57,00,000 | | || 65 | ministry of mine | revenue || 5,00,000 | | || 1899,30,00,000 | | || capital | 170,22,00,000 | || | | || 170,22,00,000 | | || 66 | ministry of minority affairs | revenue || | | || 4534,96,00,000 | | || capital | 165,04,00,000 | || | | || 165,04,00,000 | | || rs | rs | rs || 1 | 2 | 3 ||-----------------------------------|--------------------------------------------------------|----------------|| sums not exceeding | | || no | | || of | | || vote | | || services and purposes | voted | charged || by parliament | on the | total || consolidated | | || fund | | || 67 | ministry of new and renewable energy | revenue || | | || 5106,23,00,000 | | || capital | 40,40,00,000 | || | | || 40,40,00,000 | | || 68 | ministry of panchayati raj | revenue || | | || 825,17,00,000 | | || 69 | ministry of parliamentary affairs | revenue || | | || 18,86,00,000 | | || 70 | ministry of personnel, public grievances and pensions | revenue || 4,29,00,000 | | || 1442,97,00,000 | | || capital | 81,88,00,000 | || 2,15,00,000 | | || 84,03,00,000 | | || c | | || harged | | || | | || ——central vigilance commission | | || revenue | | || 32,61,00,000 | | || 32,61,00,000 | | || 72 | ministry of petroleum and natural gas | revenue || | | || 27391,55,00,000 | | || capital | 3709,00,00,000 | || | | || 3709,00,00,000 | | || 73 | ministry of planning | revenue || | | || 338,97,00,000 | | || capital | 68,00,000 | || | | || 68,00,000 | | || 74 | ministry of power | revenue || | | || 13434,97,00,000 | | || capital | 2334,95,00,000 | || | | || 2334,95,00,000 | | || c | | || harged | | || | | || ——staff, household and | | || allowances of the president | | || revenue | | || 60,05,00,000 | | || 60,05,00,000 | | || 76 | lok sabha | revenue || 1,15,00,000 | | || 774,97,00,000 | | || 77 | rajya sabha | revenue || 1,22,00,000 | | || 387,94,00,000 | | || 78 | secretariat of the vice-president | revenue || | | || 5,57,00,000 | | || c | | || harged | | || | | || ——union public service commission | | || revenue | | || 297,61,00,000 | | || 297,61,00,000 | | || 80 | ministry of railways | revenue || 395,93,00,000 | | || 253099,01,00,000 | | || capital | 193103,31,00,000 | || 167,46,00,000 | | || 193270,77,00,000 | | || 81 | ministry of road transport and highways | revenue || | | || 23153,10,00,000 | | || capital | 118170,50,00,000 | || 10,00,00,000 | | || 118180,50,00,000 | | || 82 | department of rural development | revenue || | | || 183393,17,00,000 | | || capital | 5,25,00,000 | || | | || 5,25,00,000 | | || 83 | department of land resources | revenue || | | || 2511,40,00,000 | | || 84 | department of science and technology | revenue || 2,00,000 | | || 5067,38,00,000 | | || capital | 67,50,00,000 | || | | || 67,50,00,000 | | || 85 | department of biotechnology | revenue || | | || 2411,53,00,000 | | || 86 | department of scientific and industrial research | revenue || | | || 4786,97,00,000 | | || capital | 9,00,00,000 | || | | || 9,00,00,000 | | || 87 | ministry of shipping | revenue || | | || 1839,47,00,000 | | || capital | 421,66,00,000 | || | | || 421,66,00,000 | | || 88 | ministry of skill development and entrepreneurship | revenue || | | || 3141,00,00,000 | | || capital | 259,00,00,000 | || | | || 259,00,00,000 | | || 89 | department of social justice and empowerment | revenue || | | || 7342,60,00,000 | | || capital | 407,40,00,000 | || | | || 407,40,00,000 | | || 90 | department of empowerment of persons with disabilities | revenue || | | || 1031,52,00,000 | | || capital | 38,48,00,000 | || | | || 38,48,00,000 | | || 91 | department of space | revenue || 60,00,000 | | || 5496,18,00,000 | | || capital | 5286,84,00,000 | || 40,00,000 | | || 5287,24,00,000 | | || 92 | ministry of statistics and programme implementation | revenue || | | || 4844,00,00,000 | | || capital | 15,00,00,000 | || | | || 15,00,00,000 | | || 93 | ministry of steel | revenue || | | || 47,90,00,000 | | || 94 | ministry of textiles | revenue || | | || 7109,84,00,000 | | || capital | 37,89,00,000 | || | | || 37,89,00,000 | | || 95 | ministry of tourism | revenue || | | || 2149,99,00,000 | | || capital | 1,00,000 | || | | || 1,00,000 | | || 96 | ministry of tribal affairs | revenue || 4935,92,00,000 | | || 5935,00,00,000 | | || capital | 65,00,00,000 | || | | || 65,00,00,000 | | || 97 | ministry of water resources, river development and | || ganga rejuvenation | revenue | 8188,51,00,000 || 1,00,00,000 | | || 8189,51,00,000 | | || capital | 730,87,00,000 | || 1,00,000 | | || 730,88,00,000 | | || 98 | ministry of women and child development | revenue || | | || 25199,99,00,000 | | || capital | 1,00,000 | || | | || 1,00,000 | | || 99 | ministry of youth affairs and sports | revenue || | | || 2138,31,00,000 | | || capital | 58,04,00,000 | || | | || 58,04,00,000 | | || t | | || otal | | || : | 2649142,81,00,000 | || 6812381,27,00,000 | | || 9461524,08,00,000 | | || rs | rs | rs | statement of objects and reasonsthis bill is introduced in pursuance of article 114(1) of the constitution of india to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund and the grants made by lok sabha for expenditure of the central government, including railways, for the financial year 2018-2019arun jaitley————— president's recommendation under article 117 of the constitution of india[copy of do no 2(12)-b(d)/2018, dated 532018 from shri arun jaitley, minister of finance to the secretary general, lok sabha]the president, having been informed of the subject matter of the appropriation (no 2)bill, 2018 to authorise payment and appropriation of certain sums from and out of the consolidated fund of india for the services of the financial year 2018-19, recommends under article 117(1) and (3) of the constitution, the introduction of the appropriation (no 2) bill, 2018 in lok sabha and also the consideration of the 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 2018-19—————(shri arun jaitley, minister of finance and corporate affairs)mgipmrnd—4392ls(s3)—05-03-2018

Parliament_bills

ae088f9e-720a-5dab-89e5-a241d62f6cc5

as introduced in the rajya sabha bill no xxxv of 2011 the border security force (amendment) bill, 2011 a billfurther to amend the border security force act, 1968be it enacted by parliament in the sixty-second year of the republic of india as follows:—1 (1) this act may be called the border security force (amendment) act, 2011short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appoint47 of 19685amendment of long title2 in the border security force act, 1968 (hereinafter referred to as the principal act),in the long title, after the words "borders of india", the words "or of any part of the territory thereof" shall be insertedamendment of section 23 in section 2 of the principal act, in sub-section (1), in clause (a), in sub-clause (ii), after the words "borders of india", the words "or in any part of the territory thereof" shall be inserted10amendment of section 44 in section 4 of the principal act, in sub-section (1), after the words "borders of india", the words "or of such part of the territory thereof, as the central government may, by notification, specify" shall be inserted5 in section 139 of the principal act, in sub-section (1),—amendment of section 1395(a) in the opening portion, the words "adjoining the borders of india," shall be omitted; (b) in clause (i), for the words and figures "the central excises and salt act,1944, the foreigners act, 1946, the foreign exchange regulation act, 1947", the words and figures "the central excise act, 1944, the foreigners act, 1946, the foreign exchange management act, 1999" shall be substituted1 of 1944 31 of 1946 7 of 1947 1 of 1944 31 of 1946 42 of 199910 statement of objects and reasonsthe border security force act, 1968 has been enacted to provide for the constitution and regulation of an armed force of the union for ensuring the security of the borders of india and for matters connected therewith2 the long title and section 4 of the aforesaid act provide that the border security force shall be for ensuring the security of the borders of india section 139 of the aforesaid act contains provisions relating to powers and duties that may be conferred or imposed on the members of the border security force within the local limits of areas adjoining the borders of india3 however, the border security force is also deployed in areas other than the borders of india due to various exigencies certain exigencies during which the border security force is so deployed are,—(a) to counter insurgency operations and anti-naxal operations; (b) for internal security duties, (including duties during elections, communal riots, maintenance of law and order);(c) to assist during natural calamities4 in view of the necessity of deploying the border security force in areas other than the borders of india or its adjoining areas for the exigencies specified in the preceding paragraph, it has become necessary to amend the long title, sections 4 and 139 of the border security force act, 1968 to enable the central government to deploy the said force in areas other than the borders of india or its adjoining areas5 the bill seeks to achieve the above objectivesnew delhi;p chidambaramthe 8th august, 2011 financial memorandumclause 4 of the bill proposes to amend section 4 of the border security force act, 1968and clause 5 thereof proposes to amend section 139 of the said act the proposed amendments only involve extending the areas of operation of the border security force from the existing border areas to the areas other than border of india or its adjoining areas and to confer on the members of the said force powers and duties in those areas under various central laws specified in the act as the said force has already been constituted and functioning, no financial implications are involved in the proposed bill memorandum regarding delegated legislationclause 4 of the bill proposes to amend sub-section (1) of section 4 so as to widen its scope by providing that the border security force shall ensure security not only in the border areas but also in other parts of the territory of india for that purpose, it is proposed to empower the central government to notify the territories in which the border security force shall ensure security2 the matter in respect of which the said notification may be issued is a matter of procedure and administrative detail, and as such, it is not practicable to provide for it in the proposed bill itself3 the delegation of legislative power is, therefore, of a normal character annexure extracts from the border security force act, 1968 (47 of 1968)an act to provide for the constitution and regulation of an armed force of the union for ensuring the security of the borders of india and for matters connected therewith definitions2 (1) in this act, unless the context otherwise requires,—(a) "active duty", in relation to a person subject to this act, means any duty as a member of the force during the period in which such person is attached to, or forms part of, a unit of the force—(i) which is engaged in operations against an enemy, or (ii) which is operating at a picket or engaged on patrol or other guard duty along the borders of india, and includes duty by such person during any period declared by the central government by notification in the official gazette as a period of active duty with reference to any area in which any person or class of persons subject to this act may be serving; chapter ii constitution of the force and conditions of service of the members of the forceconstitution of the force4 (1) there shall be an armed force of the union called the border security force for ensuring the security of the borders of india chapter x miscellaneous139 (1) the central government may, by general or special order published in the official gazette direct that, subject to such conditions and limitations, and within the local limits of such area adjoining the borders of india, as may be specified in the order, any member of the force may,—powers and duties conferable and imposab1e on members of the force(i) for the purpose of prevention of any offence punishable under the passport(entry into india) act, 1920, the registration of foreigners act, 1939, the central excises and salt act, 1944, the foreigners act, 1946, the foreign exchange regulation act, 1947, the customs act, 1962 or the passports act, 1967 or of any cognizable offence punishable under any other central act; or34 of 1920 16 of 1939 1 of 1944 31 of 1946 7 of 1947 52 of 1962 15 of 1967 ———— a billfurther to amend the border security force act, 1968————(shri p chidambaram, minister of home affairs)gmgipmrnd—1180rs(s3)—12-08-2011

Parliament_bills

0ef9e7b9-6046-568e-826f-9c1005ff0143

bill no xxxi of 2013 the wild life (protection) amendment bill, 2013 a billfurther to amend the wild life (protection) act, 1972be it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the wild life (protection) amendment act, 2013short title and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint553 of 1972amendment of section 22 in the wild life (protection) act, 1972 (hereinafter referred to as the principal act), in section 2,—(a) after clause (2), the following clause shall be inserted, namely:—10 '(2a) "animal trap" means any device designed to restrain or capture an animal and includes a leg hold trap device which usually works by means of jaws which close tightly upon one or more of the animal's limbs, thereby preventing withdrawal of the limb or limbs from the trap;'; (b) after clause (14), the following clause shall be inserted, namely:—'(14a) ''gram sabha'' means the gram sabha as defined in clause (b) of article 243 of the constitution;';(c) in clause (15), after the words "wild animal", the words "or specified plant"shall be inserted;(d) in clause (16), in sub-clause (b), after the word "trapping", the word"electrocuting" shall be inserted;(e) after clause (22), the following clause shall be inserted, namely:—5'(22a) ''panchayat'' means the panchayat as defined in clause (d) of article243 of the constitution;'; (f) for clause (24), the following clause shall be substituted, namely:—'(24) "person" shall include any firm or company or any authority or association or body of individuals whether incorporated or not;';10(g) after clause (26), the following clauses shall be inserted, namely:—'(26a) "schedule" means a schedule annexed to this act; (26b) ''scheduled areas'' means the scheduled areas referred to in sub-paragraph (1) of paragraph 6 of part c of the fifth schedule to the constitution;15(26c) "scientific research" means an activity carried out only for the purpose of research on any animal or plant specified in schedules i to vii (except schedule v) or discovered in the wild or its habitats;'; (h) in clause (31), in sub-clause (b), after the word "nests", the words "live nests" shall be inserted;20(i) in clause (35), after the word ''firearms", the words "chainsaw firearms, catapult"shall be inserted;(j) in clause (36), for the words "and found wild in nature", the words "or found wild in nature" shall be substituted;25(k) in clause (39), for the words "a circus", the words "conservation and breeding centres" shall be substituteda m e n d m e n t of section 5b3 in section 5b of the principal act, in sub-section (3), for the words "functions assigned to it", the words "functions assigned to it under the act on such terms and conditions as may be prescribed'' shall be substituted4 after section 9 of the principal act, the following section shall be inserted, namely:—30insertion of new section9a prohibition on animal traps"9a (1) no person shall manufacture, sell, purchase, keep, transport or use any animal trap except with prior permission in writing of the chief wild life warden given for educational and scientific purposes35(2) every person, having on the date of commencement of the wild life(protection) amendment act, 2013, the possession of any animal trap, shall within sixty days from such commencement, declare to the chief wild life warden, the number of animal traps and their description in his possession and the place or places where such traps have been stored40(3) the chief wild life warden may, if he is satisfied that a person shall use an animal trap in his possession only for educational or scientific purposes, issue to such person, a written permission to possess such trap subject to such conditions as may be specified in such permission45(4) all animal traps, declared under sub-section (2) and in respect of which permission has not been granted in writing by the chief wild life warden under sub-section (3), shall become the property of the state government(5) in the prosecution for any offence under this section, it shall be presumed that a person in possession of animal trap is in unlawful possession of such trap, unless the contrary is proved by the accused:5provided that in certain exceptional circumstances, to be determined by the chief wild life warden, use of animal traps, except leg hold traps may be permitted by the chief wild life warden for safeguarding the agricultural crops and property of farmers'' 5 after section 12 of the principal act, the following section shall be inserted, namely:—insertion of new section 12a10"12a (1) notwithstanding anything contained in this act, the chief wild life warden, shall on an application, grant a permit, by an order in writing to any person, to conduct scientific researchgrant of permit for scientific research(2) without prejudice to any law for the time being in force, the chief wild life warden shall ensure that all permits for scientific research have been processed and granted subject to such conditions and in such manner as may be prescribed (3) the central government may prescribe the following, namely:—15(a) the areas for conduct of scientific research; (b) the person who shall be eligible for the grant of permits; (c) the time frame in which proposals for scientific research shall be disposed of, which shall in no case exceed one hundred twenty days;20amendment of section 18(d) the conditions subject to which permits for scientific research may be granted"6 in section 18 of the principal act, in sub-section (1), the following proviso shall be inserted, namely:—''provided that the state government shall declare its intention to constitute any area which falls under the scheduled areas as a sanctuary in consultation with the gram sabha concerned''25amendment of section 227 in section 22 of the principal act, for the words "the records of the state government and the evidence of any person acquainted with the same", the words "the records of the state government and of the gram sabha and the panchayat and the evidence of any person acquainted with the same" shall be substituted30amendment of section 288 in section 28 of the principal act, in sub-section (1), in clause (b), after the word"photography", the words "and documentary film-making without making any change in the habitat or causing any adverse impact to the habitat or wild life" shall be insertedamendment of section 299 in section 29 of the principal act, for the explanation, the following explanation shall be substituted, namely:—35 40"explanation—for the purposes of this section, grazing or movement oflivestock permitted under clause (d) of section 33, or hunting of wild animals under apermit granted under section 11 or hunting without violating the conditions of permit granted under section 12, or the exercise of any rights permitted to continue under clause (c) of sub-section (2) of section 24, or the bona fide use of drinking andhousehold water by local communities, shall not be deemed to be an act prohibited under this section"amendment of section 3210 in section 32 of the principal act, for the words "other substances", the words"other substances or equipment" shall be substituted11 in section 33 of the principal act,—amendment of section 3345(i) in the opening portion, after the words "manage and maintain all sanctuaries",the words "in accordance with such management plans prepared by it as per the guidelines issued by the central government and in case the sanctuary also falls under the scheduled areas, in consultation with the gram sabha concerned,'' shall be inserted;50(ii) in the proviso to clause (a), for the words "tourist lodges", the words"tourist or government lodges" shall be substituted12 in section 35 of the principal act,—amendment of section 35(i) in sub-section (1), after the proviso, the following proviso shall be inserted, namely:—5 "provided further that the state government shall declare its intention to constitute any area which falls under the scheduled areas as a national park in consultation with the gram sabha concerned''; (ii) after sub-section (2), the following sub-section shall be inserted, namely:—10 "(2a) the notification referred to in sub-section (1) shall, wherever available, include relevant details of forests (including forest compartment number) and revenue records pertaining to the area proposed to be declared as a national park"; (iii) in sub-section (8), for the words and figures "sections 27 and 28", the words, figures and letter "sections 18a, 27 and 28," shall be substituted 13 in section 36d of the principal act, in sub-section (2),—amendment of section 36d15(i) for the words "five representatives", the words "not less than three representatives" shall be substituted;(ii) after sub-section (2), the following sub-section shall be inserted, namely:—20"(2a) where a community reserve is declared on private land under sub-section (1) of section 36c, the community reserve management committee shall consist of the owner of the land along with a representative of the state forests or wild life department under whose jurisdiction the community reserve is located and also the representative of the panchayat concerned or the tribal community, as the case may be"amendment of section 382514 in section 38 of the principal act, in sub-section (2), the following proviso shall be inserted, namely:—a m e n d m e n t of section 38c30a m e n d m e n t of section 38j35a m e n d m e n t of section 38l40''provided that the state government shall declare any area which falls under the scheduled areas to be a national park in consultation with the gram sabha concerned'' 15 in section 38c of the principal act, after clause (a), the following clause shall be inserted, namely:—"(aa) supervise the overall functioning of the zoo and authorise the concerned chief wild life warden to supervise the zoo;" 16 section 38j of the principal act shall be renumbered as sub-section (1) the roof, and after sub-section (1) as so renumbered, the following sub-section shall be inserted, namely:—''(2) the central zoo authority shall issue guidelines for the purposes of this section'' 17 in section 38l of the principal act, in sub-section (2), for clauses (l) and (m), the following clauses shall be substituted, namely:—"(l) chairperson, national commission for the scheduled tribes or an officer authorised by him;(m) chairperson, national commission for the scheduled castes or an officer authorised by him;"18 in section 38-o of the principal act, in sub-section (1), in clause (a), after the words"of this act", the words "and make grants to it for such plan" shall be insertedamendment of section 38-o19 after section 38x of the principal act, the following section shall be inserted, namely:—insertion of new section 38xa"38xa the provisions contained in this chapter shall be in addition to, and not in derogation of, the provisions relating to the sanctuaries and national parks (whether included and declared, or are in the process of being so declared) included in a tiger reserve under this act"provisions of this chapter shall be in addition to provisions relating to sanctuaries and national parksamendment of chapter ivc20 in chapter ivc of the principal act, in the heading, for the words "tiger andother endangered species", the words "wild life" shall be substituted21 for section 38y of the principal act, the following section shall be substituted, namely:—substitution of new section for section 38y5"38y the central government may, for the purpose of this act, by order published in the official gazette, constitute a wild life crime control bureau consisting of—constitution of wild life crime control bureau(a) the director of wild life preservation—director ex officio; (b) the inspector-general of police—additional director; (c) the deputy inspector-general of police—joint director;10(d) the deputy inspector-general of forests—joint director; (e) the additional commissioner (customs and central excise)—jointdirector; and(f) such other officers as may be appointed from amongst the officers referred to in sections 3 and 4 of this act"22 in section 39 of the principal act,—15amendment of section 39(i) in sub-section (1), in clause (a), after the words "bred in captivity or hunted", the words, figures and letter "or specified plant picked, uprooted, kept, damaged or destroyed, dealt with or sold under section 17a" shall be inserted; (ii) after sub-section (3), the following sub-section shall be inserted, namely:—20"(4) where any such government property is a live animal, the state government shall ensure that it is housed and cared for by a recognised zoo or rescue centre when it cannot be released to its natural habitat"23 after chapter va of the principal act, the following chapter shall be inserted, namely:—insertion of new chapter vb 25 'chapter vb regulation of international trade in endangered species of wild fauna and flora as per convention on international trade in endangered species of wild fauna and flora30definitionsfor the purposes of this chapter35 40 4549d in this chapter, unless the context otherwise requires,—(a) "artificially propagated" means plants which have been grown under controlled conditions from plant materials grown under similar conditions;(b) "bred in captivity" means produced from parents in captivity; (c) "convention" means the convention on international trade in endangered species of wild fauna and flora signed at washington, dc, in the united states of america on the 3rd of march, 1973, and amended at bonn on the 22nd of june, 1979, its appendices, decisions, resolutions and notifications made thereunder and its amendments, to the extent binding on india;(d) "exotic species" means species of animals and plants not found in wild in india and not listed in the appendices to the convention but notified as such by the management authority under sub-section (3) of section 49f for the reasons mentioned in clause (b) of section 49e;(e) "export" means export from india to any other country of animal, animal article, meat, trophy, specimen, exotic species or of any of them;(f) "import" means import into india from any other country of animal, animal article, meat, trophy, specimen, exotic species or of any of them;(g) "management authority" means the management authority designated under section 49f;(h) "plant" means any member, alive or dead, of the plants listed in schedule vii including seeds, roots and other parts thereof;(i) "readily recognisable part or derivative" includes any specimen which appears from an accompanying document, the packaging or a mark or label, or from any other circumstances, to be a part or derivative of an animal or plant of species listed in schedule vii;5(j) "re-export" means export of any specimen that has previously been imported;(k) "scientific authority" means a scientific authority designated under section 49h;10(l) "scheduled specimen" means any specimen of species listed in appendices i, ii and iii of the convention and incorporated as such in schedule vii;(m) "specimen" means—(i) any animal or plant, whether alive or dead; (ii) in the case of an animal,—15(a) for species included in appendices i and ii, any readily recognisable part or derivative thereof;(b) for species included in appendix iii, any readily recognisable part or derivative thereof specified in appendix iii of schedule vii in relation to the species; and (iii) in the case of a plant,—20(a) for species included in appendix i, any readily recognisable part or derivative thereof;(b) for species included in appendices ii and iii, any readily recognisable part or derivative thereof specified in appendices ii and iii of schedule vii in relation to the species;(n) "trade" means export, re-export, import and introduction from the sea2549e the provisions of this chapter shall apply to,—(a) specimens of animal and plant species listed in schedule vii; and (b) exotic species of animals and plants specimens not covered by schedule viiwhich require regulation,—(i) to protect the indigenous gene pool of the wild life found in india; or30provisions of this chapter to apply to animal and plant species listed in schedule vii and exotic species(ii) such species as it may be invasive in nature and may pose a threat to the wild life or ecosystems of india; or(iii) as such species are, in the opinion of the scientific authority, critically endangered in the habitats in which they occur naturally3549f (1) the central government may, by notification, designate an officer not below the rank of an additional director general of forests as the management authority for discharging the functions and exercising the powers under this actdesignation of management authority and other officers52 of 196240(2)without prejudice to the customs act, 1962 or rules made or notifications issued thereunder or any law for the time being in force, the management authority shall be responsible for issuance of permits and certificates regulating the import, export and reexport of any scheduled specimen, submission of reports and other functions as required under this chapter(3) the management authority shall, by notification, and on the advice of the scientific authority, notify the exotic species of animals and plants not covered by the convention45(4) the management authority shall prepare and submit annual and biennial reports to the central government(5) the central government may appoint such officers and employees as may be necessary to assist the management authority in discharging its functions or exercising its powers under this chapter, on such terms and conditions of service including salaries and allowances as may be prescribed5(6) the management authority may, with the prior approval of the central government,delegate its functions or powers [except the power to notify exotic species under subsection (3)], to such officers not below the rank of assistant inspector general of forests, as it may consider necessary for the purposes of this chapter49g the management authority shall, while discharging its functions or exercising its powers under the provisions of this chapter, be guided by the following principles, namely:—10general principles to be followed by management authority(i) the export or re-export or import of a specimen under schedule vii is inaccordance with the provisions of this chapter;(ii) specimens for export or import are not obtained in contravention of anylaws, for the time being in force relating to protection of fauna and flora;15(iii) export or re-export of any living specimen is so arranged and shipped as tominimise the risk of injury, damage to health or cruel treatment;(iv) the import of any specimen listed in appendix i of schedule vii is not usedfor primarily commercial purposes;20(v) the re-export of living specimen of species listed in appendix i or appendix iiof schedule vii shall require the prior grant and submission of a re-export certificate issued as per the provisions of the convention;(vi) the proposed recipient of a living specimen is suitably equipped to houseand take care of it;25(vii) the import of any specimen of a species included in appendix i or appendix iiof schedule vii shall require the submission of either an export permit or a re-export certificate under this act in addition to the requirement of export permit or re-export certificate under any other law for the time being in force;30(viii) the introduction from the sea of any specimen of a species included inappendix i or appendix ii of schedule vii shall require the grant of a certificate from the management authority of the country of introduction issued under the provision of the convention;(ix) the export of any specimen of a species included in appendix iii of schedulevii from any country which has included that species in appendix iii shall require grant and submission of an export permit which shall only be granted when conditions (ii) and (iii) have been fulfilled;35(x) the import of any specimen of a species included in appendix iii of schedule vii shall require,—(a) the submission of certificate of origin; and (b) where the import is from a country which has included that species in appendix iii, an export permit; or40(c) in the case of re-export, a certificate granted by the management authority of the country of re-export that the specimen was processed in that country or is being re-exported, may be accepted by the country of import as evidence that the provisions of the convention have been complied with in respect of the specimen concerned45explanation—in clause (viii), the expression "introduction from the sea"means transportation into india of specimens of any species which were taken from the marine environment not under the jurisdiction of indiadesignation of scientific authorities49h (1) the central government may, by notification, designate one or more institutes established by it and engaged in research in wild life, as the scientific authority for the purposes of this chapter5(2) the designated scientific authority shall advise the management authority in such matters as may be referred to it by the management authority10(3) whenever the scientific authority is of the opinion that the export of specimens of any such species be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in appendix i of schedule vii, it shall advise the management authority to take such appropriate measures to limit the grant of export permits for specimens of that species as the scientific authority may deem necessary for said purpose(4) the scientific authority, while advising the management authority shall be guided by the following principles, namely:—15(a) that such export or import referred to in section 49g shall not be detrimental to the survival of that species; and(b) proposed recipient of a living specimen is suitably equipped to house and take care for it20(5) the scientific authority shall monitor the export permits granted by the management authority for specimens of species included in appendix ii of schedule vii(6) it shall be the duty of the scientific authority to identify and inform the management authority of exotic species of animals and plants which are not covered by schedule vii and require regulation thereof—(i) to protect the indigenous gene pool of the wild life found in india; or25(ii) to avoid threat to the wild life or ecosystems of india as such species are invasive in nature; or (iii) to protect such species as they, in the opinion of the scientific authority, are critically endangered in the habitats in which they occur naturally30 49-i the management authority and the scientific authority, shall, while performing their duties and exercising powers by or under this chapter, be subject to such general or special directions, as the central government may, from time to time, give in writingpower of central government to issue directions35constitution of co-ordination committee49j (1) the central government may, by notification, constitute a co-ordination committee, for the purpose of ensuring co-ordination between the management authority and scientific authority, state chief wild life wardens and other enforcement authorities or agencies dealing with trade in wild life(2) the co-ordination committee referred to in sub-section (1) shall meet at such time and place and shall observe such rules of procedure in regard to the transaction of business at its meetings, including the quorum at its meetings, as may be prescribed4049k (1) no person shall enter into any trade in scheduled specimens included in appendix i of schedule vii:international trade in scheduled specimens and restriction in respect thereof45provided that the scheduled specimens included in appendix i of schedule vii bred in captivity for commercial purposes, (except those which cannot be released in the wild), or of a plant species included in the said appendix i and artificially propagated for commercial purposes shall be deemed to be scheduled specimen included in appendix ii of schedule vii(2) subject to the provisions contained in sub-section (1), no person shall enter into any trade in any scheduled specimen except in accordance with the certificate granted by the management authority or the officer authorised by it in such manner as may be prescribed(3) every person trading in any scheduled specimen shall report the details of the scheduled specimen and the transaction to the management authority or the officer authorised by it in such manner as may be prescribed5(4) every person, desirous of trading in a scheduled specimen, shall present it for clearance to the management authority or the officer authorised by it or a customs officer only at the ports of exit and entry specified thereof49l (1) every person possessing an exotic species or scheduled specimen shall report the details of such specimen or specimens to the management authority or the officer authorised by it within such period and in such manner as may be prescribed10possession, breeding and domestic trade of exotic species or scheduled specimens(2) the management authority or the officer authorised by it may, on being satisfied that any exotic species or scheduled specimen was in possession of a person being the owner prior to the date of coming into force of the wild life (protection) amendment act,2013 and the rules made thereunder, or was obtained, in conformity with the convention, register the details of such scheduled specimen or exotic species and issue a registration certificate in the prescribed manner allowing the owner to retain such specimen15(3) any person who transfers possession, by any means whatsoever, of any scheduled specimen or exotic species shall report the details of such transfer to the management authority or the officer authorised by it in such form and within such period and in such manner as may be prescribed20(4) the management authority or the officer authorised by it shall register all transfers of scheduled specimens or exotic species and issue the transferee with a registration certificate in such manner as may be prescribed25(5) any person in possession of any live scheduled specimen or exotic species which bears any offspring shall report the birth of such offspring to the management authority or the officer authorised by it in such form and within such period and in such manner as may be prescribed(6) the management authority or the officer authorised by it shall on receipt of the report under sub-section (5) register any offspring born to any scheduled specimen or exotic species and issue the owner with a registration certificate in such manner as may be prescribed30(7) no person shall possess, transfer or breed any scheduled specimen or exotic species except in conformity with this section and such rules as may be prescribed (8) the owner of an exotic species or scheduled specimen shall take all necessary precautions to ensure that it does not contaminate the indigenous gene pool of the wild life found in the country in any manner3549m (1) every person who is engaged in the breeding in captivity or artificiallypropagating any scheduled specimen listed in appendix i of schedule vii shall make, within a period of ninety days of the commencement of the wild life (protection) amendment act,2013, an application for registration to the conservator of forest (wild life)40registration of persons engaged in breeding or artificially propagating scheduled specimen(2)the form of application to be made to the conservator of forest (wild life) under sub-section (1), the particulars to be contained in such application form, the manner in which such application shall be made, the fee payable on such application, the form of certificate of registration, the procedure to be followed in granting or cancelling the certificate of registration shall be such as may be prescribed49n (1) on receipt of application under sub-section (1) of section 49m, the conservator of forest (wild life) shall, if—45registration and issue of certificate of registration(a) the application is in the prescribed form; and (b) satisfied that the provisions of the act and rules made thereunder have been duly complied with, record an entry of the statement in a register and register the applicant and grant him a certificate of registration5(2) if the conservator of forest (wild life) is not satisfied that the provisions of the act and rules made thereunder are complied with or if a false particular is furnished, he may refuse or cancel the registration, as the case may be:provided that an opportunity of being heard shall be given to the applicant before the registration is refused or as the case may be, the registration is cancelled(3)the certificate of registration under sub-section (1) shall be issued for a period of two years and may be renewed after two years on payment of such fee as may be prescribed10(4) any person aggrieved by the refusal of the conservator of forest (wild life) or cancellation of registration under sub-section (2) may prefer an appeal to the chief wild life warden49-o no person shall alter, deface, erase or remove a mark of identification affixed upon the exotic species or scheduled specimen or its packageprohibition of erasing of a mark of identification1549p (1) every exotic species or scheduled specimen, in respect of which any offence against this act or rules made thereunder has been committed, shall become the property of the central governmentexotic species of scheduled specimen to be government property20(2) the provisions of section 39 shall, so far as may be, apply in relation to the exotic species or scheduled specimen as they apply in relation to wild animals and animals articles referred to in sub-section (1) of that section(3) where specimen referred to in sub-section (2) is a live animal, the state government shall ensure that it is housed and cared for by a recognised zoo or rescue centre in case it cannot be released to its natural habitat'24 in section 50 of the principal act,—amendment of section 50(a) in sub-section (1),—25(i) after the words "any forest officer", the words "or any officer authorised by the management authority" shall be inserted;(ii) after the words "a sub-inspector", the words "or any customs officer not below the rank of an inspector or any officer of the coast guard not below the rank of an assistant commandant" shall be inserted;30(b ) after sub-section (9), the following sub-section shall be inserted, namely:—352 of 1974 "(10) during any inquiry or trial of an offence under this act, where it appears to the judge or magistrate that there is prima facie case that any property including vehicles and vessels, seized under clause (c) of sub-section (1) was involved in any way in the commission of an offence under this act, the judge or magistrate shall not order for the return of such property to its rightful owner until the conclusion of the trial of the offence notwithstanding anything contained in section 451 of the code of criminal procedure, 1973"4025 after section 50 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 50a and 50b power to undertake delivery"50a the director of wild life crime control bureau constituted under section 38yor any other officer authorised by him in this behalf, may, notwithstanding anything contained in this act, undertake control of delivery of any consignment to—(a) any destination in india, in such manner as may be prescribed;(b) a foreign country, in consultation with the competent authority of such foreign country to which a consignment is destined, in such manner as may be prescribed5police to take charge of article seized and delivered50b (1) an officer-in-charge of a police station as and when so requested in writing by an officer mentioned in sub-section (1) of section 50, shall take charge of and keep in safe custody, pending the order of the magistrate, all articles seized and delivered under this act10(2) the officer-in-charge may allow any officer to accompany such articles to the police station or who may be deputed, to affix his seal to such articles or to take samples of and from them and all samples so taken shall also be sealed with a seal of the officer-in-charge of the police station2 of 197415(3) without prejudice to the provisions contained in the code of criminal procedure, 1973, or any other law for the time being in force, the central government may, by rules, specify the manner of dealing with the articles forwarded to the police officer under sub-section (1)" 26 for sections 51 and 51a of the principal act, the following sections shall be substituted, namely:—substitution of new sections for section 51 and 51apenalties20 "51 (1) any person who contravenes any provision of this act or any rule or order made thereunder, or terms and conditions of any licence or permit granted under this act, shall be guilty of an offence against this act, and shall, on conviction, be liable to be punished in the manner specified under sub-sections (2) to (7)25(2) where the offence relates to any animal specified in schedule i or part ii of schedule ii or the meat of such animal or animal article, trophy, or uncured trophy derived from such animal, such offence shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to seven years and also with fine which shall not be less than one lakh rupees but which may extend to twenty-five lakh rupees:30provided that in the case of a second or subsequent offence, of the nature mentioned in this sub-section, the term of imprisonment shall not be less than seven years and also with fine which shall not be less than five lakh rupees but which may extend to fifty lakh rupees35(3) where the offence relates to the sale or purchase or transfer or offer for sale or trade of any animal specified in schedule i or part ii of schedule ii or the meat of such animal or animal article, trophy, or uncured trophy derived from such animal or any violation of chapter va, shall be punishable with imprisonment for a term which shall not be less than seven years and also with fine which shall not be less than fifteen lakh rupees:provided that in the case of a second or subsequent offence, of the nature mentioned in this sub-section, the term of imprisonment shall not be less than seven years and also with fine which shall not be less than thirty lakh rupees40(4) where the offence relates to the sale or purchase or transfer or offer for sale or trade of any animal specified in part i of schedule ii, schedule iii and schedule iv, or the meat of such animal or animal article, trophy, or uncured trophy derived from such animal, such offence shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees or with both: provided that in case of a second or subsequent offence of the nature mentioned in this sub-section, the term of imprisonment which may extend to five years or with fine which may extend to three lakh rupees or with both5(5) where the offence relates to hunting in a sanctuary or a national park or altering the boundaries of a sanctuary or a national park, such offence shall be punishable with imprisonment for a term which shall not be less than five years but which may extend to seven years and also with fine which shall not be less than five lakh rupees but which may extend to twenty-five lakh rupees:10provided that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of imprisonment shall not be less than seven years and also with fine which shall not be less than thirty lakh rupees15(6) where the offence relates to hunting in a tiger reserve or altering the boundaries of a tiger reserve, such offence shall be punishable with imprisonment for a term which shall not be less than seven years and also with fine which shall not be less than five lakh rupees but which may extend to thirty lakh rupees:20 provided that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of imprisonment shall not be less than seven years and also with fine which shall not be less than fifty lakh rupees(7) where the offence relates to contravention of the provisions of section 38j, shall be punishable with imprisonment for a term which may extend to six months or with a fine which may extend to five thousand rupees or with both:25provided that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of imprisonment may extend to one year or with fine which may extend to ten thousand rupees or with bothother offences3051a (1) where the offence relates to contravention of any other provision of this actor any rule or order made thereunder, or the breach of any of the terms and conditions of any licence or permit granted under this act, such offence shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to twentyfive thousand rupees:provided that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of imprisonment shall not be less than three years but which may extend to five years and also with fine which shall not be less than fifty thousand rupees35 40(2) when any person is convicted of an offence against this act, the court trying the offence may order that any captive animal, wild animal, animal article, trophy, uncured trophy, meat, ivory imported into india or an article made from such ivory, any specified plant, or part or derivative thereof in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the state government and that any licence or permit, held by such person under the provisions of this act, be cancelled(3) such cancellation of licence or permit or such forfeiture shall be in addition to any punishment that may be awarded for such offence54 of 19595(4) where any person is convicted of an offence against this act, the court may direct that the licence, if any, granted to such person under the arms act, 1959, for possession of any arm with which an offence against this act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the arms act, 1959 for a period of five years from the date of conviction2 of 197420 of 1958(5) nothing contained in section 360 of the code of criminal procedure, 1973 or in the probation of offenders act, 1958 shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a national park or of an offence against any provision of chapter va unless such person is under eighteen years of age102 of 197451b notwithstanding anything contained in the code of criminal procedure,1973,—certain conditions to apply while granting bail(a) every offence punishable with a term of imprisonment for three yearsor more under this act shall be cognizable offence;15(b) no person accused of an offence under sub-sections (1), (2), (3), (5)and (6) of section 51 shall be released on bail or on his own bond unless the public prosecutor has been given the opportunity to oppose the application for such release"27 in section 55 of the principal act,—amendment of section 55(a) after clause (ac), the following clause shall be inserted, namely:—20"(ad) the management authority or any officer, including an officer of thewild life crime control bureau, authorised in this behalf by the central government; or";(b) the following proviso shall be inserted, namely:—252 of 1974"provided that a court may also take cognizance of any offence under thisact without the accused being committed to trial, upon perusal of a police report under section 173 of the code of criminal procedure, 1973, of the facts constituting an offence under this act"28 in section 61 of the principal act,—amendment of section 6130(a) in sub-section (1), after the words "one schedule to another", the words"except schedule vii" shall be inserted;(b) after sub-section (1), the following sub-section shall be inserted, namely:—"(2) the central government may, in consultation with concerned state governments by notification, add or omit or amend the entries in any of the schedules to respond to area or site specific requirements of each state"; (c) after sub-section (3), the following sub-sections shall be inserted, namely:—35"(4) the central government may, by notification, and in consultation with the management authority and the scientific authority, amend, vary or modify schedule vii40(5) nothing contained in this chapter and schedule vii, shall affect anything contained in other provisions of the act and the schedules i to vi (both inclusive)45(6) notwithstanding anything contained in this act, where a particular species is listed under schedules i, ii, iii, iv, v, or vi and schedule vii, the provisions of this act relevant to schedules i to vi shall apply to such species(7) every notification issued under this section shall be laid, as soon as may be it is issued, before each house of parliament"29 in section 63 of the principal act, in sub-section (1),—amendment of section 63(a) after clause (ai), the following clauses shall be inserted, namely:—"(aii) the rules, standards or procedures and any other matter pertaining to scientific research;5(aiii) any matter relating to animal traps; (aiv) terms and conditions of the committee, sub-committees or study groups under sub-section (3) of section 5b;(av) terms and conditions of the committees under section 8a;'';(b) after clause (j), the following clauses shall be inserted, namely:—10"(ji) the terms and conditions of service including salaries and allowances of the officers and employees of the management authority under sub-section (5) of section 49f;(jii) the rules of procedure for transaction of business at meetings of the co-ordination committee including quorum under sub-section (2) of section 49j;15 (jiii) the manner of granting permits for possessing or trading in scheduled specimens under sub-section (2) of section 49k; and the manner of furnishing reports of such specimens to the management authority under sub-section (3) of section 49k;20(jiv) the period within which and the manner in which the details of exotic species or scheduled specimen to be reported under sub-section (1) of section 49l;(jv) the period within which and the manner in which the details of transfer of exotic species or scheduled specimen under sub-section (3) of section 49l;(jvi) the manner of registration certificate under sub-section (4) of section 49l;25(jvii) the form, period and the manner in which the birth of offspring of exotic species or scheduled specimen to be reputed under sub-section (5) of section 49l;(jviii) the manner in which a registration certificate to be issued to the owner under sub section (6) of section 49m;(jix) the rules to regulate possession, transfer or breeding under subsection (7) of section 49l;30(jx) the form, particulars, manner, fee payable on the application and the form of certificate of registration and the procedure in granting or cancelling the certificate of registration under sub-section (2) of section 49m;(jxi) the fee payable under sub-section (3) of section 49n;35(jxii) the manner of delivery of any consignment to any destination in india and to a foreign country under section 50a;"; (c) after clause (l), the following clause shall be inserted, namely:— "(m) any other matter which has to be, or may be, prescribed''30 for section 65 of the principal act, the following section shall be substituted, namely:—40substitution of new section for section 65"65 nothing in this act shall affect the hunting rights of the scheduled tribes of the andaman islands and the nicobar islands in the union tterritory of andaman and nicobar islands, as notified by the andaman and nicobar administration from time to time''rights of scheduled tribes in andaman and nicobar islands to be protected4531 after schedusle vi of the principal act, the following schedule shall be inserted, namely:—insertion of new schedule vii5 fauna (animals) phylum chordata class mammalia (mammals) artiodactyla antilocapridae: pronghorn101 antilocapra americanabovidae: antelopes, cattle, duikers, gazelles, goats, sheep etc2 addax nasomaculatus 3 bos gaurus 4 bos mutus 5 bos sauveli156 bubalus depressicornis 7 bubalus mindorensis 8 bubalus quarlesi 9 capra falconeri10 capricornis milneedwardsii2011 capricornis rubidus 12 capricornis sumatraensis 13 capricornis thar 14 cephalophus jentinki2515 gazella cuvieri 16 gazella leptoceros 17 hippotragus niger variani 18 naemorhedus baileyi 19 naemorhedus caudatus 20 naemorhedus goral3021 naemorhedus griseus 22 nanger dama 23 oryx dammah 24 oryx leucoryx3525 ovis ammon hodgsonii 26 ovis ammon nigrimontana 27 ovis orientalis ophion 28 ovis vignei vignei 29 pantholops hodgsonii30 pseudoryx nghetinhensis31 rupicapra pyrenaica ornatecamelidae: guanaco, vicuna32 vicugna vicugnacervidae: deer, guemals, muntjacs, pudus533 axis calamianensis34 axis kuhlii 35 axis porcinus annamiticus36 blastocerus dichotomus 37 cervus elaphus hanglu1038 dama dama mesopotamica 39 hippocamelus spp 40 muntiacus crinifrons 41 muntiacus vuquangensis 42 ozotoceros bezoarticus1543 padu puda 44 rucervus duvaucelii 45 rucervus eldiimoschidae: musk deer2046 moschus spp (only the populations of afghanistan, bhutan, india, myanmar, nepaland pakistan; all other populations are included in appendix ii)suidae: babirusa, pygmy hog47 babyrousa babyrussa 48 babyrousa bolabatuensis babyrousa celebensis49 babyrousa togeanensis2550 sus salvaniustayassuidae: peccaries51 catagonus wagnericarnivora ailuridae: red panda3052 ailurus fulgenscanidae: bush dog, foxes, wolves53 canis lupus (only the populations of bhutan, india, nepal and pakistan; all otherpopulations are included in appendix ii excludes the domesticated form and the dingo which are referenced as canis lupus familiaris and canis lupus dingo)3554 speothos venaticusfelidae: cats55 acinanyx jubatus 56 caracal caracal (only the population of asia; all other populations are included inappendix ii)4057 catopuma temminckii 58 felis nigripes 59 leopardus geoffroyi 60 leopardus jacobitus 61 leopardus pardalis 62 leopardus tigrinus 63 leopardus wiedii564 lynx pardinus 65 neofelis nebulosa 66 panthera leo persica 67 panthera onca1068 panthera pardus 69 panthera tigris 70 pardofelis marmorata 71 prionailurus bengalensis bengalensis (only the populations of the bangladesh, indiaand thailand; all other populations are included in appendix ii)1572 prionailurus planiceps 73 prionailurus rubiginosus (only the population of india; all other populations areincluded in appendix ii)74 puma concolor coryi 75 puma concolor costaricensis 76 puma concolor couguar2077 puma yagouaroundi (only the populations of central and north america; all otherpopulations are included in appendix ii)78 uncia uncialutrinae: otters2579 aonyx capensis microdon (only the population of cameroon and nigeria; all otherpopulations are included in appendix ii)80 enhydra lutris nereis 81 lontra felina 82 lontra longicaudis 83 lontra provocax3084 lutra lutra 85 lutra nippon 86 pteronura brasiliensismustelinae: grisons, honey badger, martens, tayra, weasels3587 mustela nigripesotariidae: fur seals, sealions88 arctocephalus townsendiphocidae: seals89 manochus spp40ursidae: bears, giant panda90 ailuropoda melanoleuca 91 helarctos malayanus 92 melursus ursinus 93 tremarctos ornatus 94 ursus arctos (only the populations of bhutan, china, mexico and mongolia; allother populations are included in appendix ii)95 ursus arctos isabellinus96 ursus thibetanus5viverridae: binturong, civets, linsangs, otter-civet, palm civets97 prionodon pardicolorcetacea: dolphins, porpoises, whales balaenidae: bowhead whale, right whales1098 balaena mysticetus 99 eubalaena sppbalaenopteridae: humpback whale, rorquals100 balaenoptera acutorostrata (except the population of west greenland, which isincluded in appendix ii)101 balaenoptera bonaerensis15102 balaenoptera borealis 103 balaenoptera edeni 104 balaenoptera musculus 105 balaenoptera omurai 106 balaenoptera physalus20107 megaptera novaeangliaedelphinidae: dolphins108 orcaella brevirostris 109 orcaella heinsohni 110 sotalia spp25111 sousa sppeschrichtiidae: grey whale112 eschrichtius robustusiniidae: river dolphins30113 lipotes vexilliferneobalaenidae: pygmy right whale114 caperea marginataphocoenidae: porpoises115 neophocaena phocaenoides 116 phocoena sinus35physeteridae: sperm whales117 physeter macrocephalusplatanistidae: river dolphins118 platanista spp 119 ziphiidae: beaked whales, bottle-nosed whales40120 berardius spp 121 hyperoodon spp chiroptera pteropodidae: fruit bats, flying foxes122 acerodon jubatus 123 pteropus insularis5124 pteropus loochoensis 125 pteropus mariannus 126 pteropus molossinus 127 pteropus pelewensis 128 pteropus pilosus 129 pteropus samoensis10130 pteropus tonganus 131 pteropus ualanus 132 pteropus yapensis cingulatadasypodidae: armadillos15133 priodontes maximus dasyuromorphia dasyuridae: dunnarts134 sminthopsis longicaudata 135 sminthopsis psammophila20thylacinidae: tasmanian wolf, thylacine136 thylacinus cynocephalus(possibly extinct) diprotodontiamacropodidae: kangaroos, wallabies25137 lagorchestes hirsutus 138 lagostrophus fasciatus 139 onychogalea fraenata 140 onychogalea lunata30141 phalangeridae cuscusespotoroidae: rat-kangaroos142 bettongia spp 143 caloprymnus campestris(possibly extinct) vombatidae: northern hairy-nosed wombat35144 lasiorhinus krefftiilagomorpha leporidae: hispid hare, volcano rabbit145 caprolagus hispidus 146 romerolagus diazi40peramelemorphia chaeropodidae: pig-footed bandicoots147 chaeropus ecaudatus(possibly extinct)peramelidae: bandicoots, echymiperas148 perameles bougainvillethylacomyidae: bilbies149 macrotis lagotis 150 macrotis leucura5perissodactyla equidae: horses, wild asses, zebras151 equus africanus 152 equus grevyi10153 equus hemionous hemionus 154 equus hemionus khur 155 equus przewalskii 156 equus zebra zebrarhinocerotidae: rhinoceroses15157 rhinocerotidae spp (except the subspecies included in appendix ii)tapiridae: tapirs158 tapiridae spp (except the species included in appendix ii)primates: apes, monkeys atelidae: howler and prehensile-tailed monkeys159 alouatta coibensis20160 alouatta palliata 161 alouatta pigra162 ateles geoffroyi frontatus 163 ateles geoffroyi panamensis25164 brachyteles arachnoides 165 brachyteles hyposanthus 166 oreonax flavicauda 167 cebidae new world monkeys 168 callimico goeldii169 callithrix aurita30170 callithrix flaviceps 171 leontopithecus spp 172 saguinus bicolor 173 saguinus geoffroyi35174 sauginus leucopus 175 saguinus martinsi 176 saguinus oedipus 177 saimiri oerstediicercopithecidae: old world monkeys178 cercocebus galritus40179 cercopithecus diana 180 cercopithecus roloway 181 macaca silenus182 mandrillus leucophaeus 183 mandrillus sphinx 184 nasalis larvatus 185 piliocolobus kirkii5186 piliocolobus rufomitratus 187 presbytis potenziani 188 pygathrix spp 189 rhinopithecus spp 190 semnopithecus ajax 191 semnopithecus dussumieri10192 semnopithecus entellus193 semnopithecus hector 194 semnopithecus hypoleucos 195 semnopithecus priam 196 semnopithecus schistaceus15197 simias concolor 198 trachypithecus geei 199 trachypithecus pileatus 200 trachypithecus shortridgei20cheirogaleidae: dwarf lemurs201 cheirogaleidae sppdaubentoniidae: aye-aye202 daubentoni madagascariensishominidae: chimpanzees, gorilla, orang-utan203 gorilla beringei25204 gorilla gorilla 205 pan spp 206 pongo abelii 207 pongo pygmaeus30208 hylobatidae gibbons 209 hylobatidae sppindriidae: avahi, indris, sifakas, woolly lemurs210 indriidae spplemuridae: large lemurs211 lemuridae spp35lepilemuridae: sportive lemurs212 lepilemuridae spplorisidae: lorises213 nycticebus spp40pithecidae: sakis and uakaris214 cacajao spp 215 chiropotes albinasus proboscidea elephantidae: elephants216 elephas maximus5217 laxodonta africana (except the populations of botswana, namibia, south africa andzimbabwe, which are included in appendix-ii) rodentia chinehillidae: chinehillas218 chinchilla spp (specimens of the domesticated form are not subject to the provisionsof the convention)10muridae: mice, rats219 leporillus conditor 220 pseudomys fieldi praeconis 221 xeromys myoides222 zyzomys pedunculatus15sciuridae: ground squirrels, tree squirrels223 cynomys mexicanus sirenia dugongidae: dugong224 dugong dugontrichechidae: manatees20225 trichechus inunguis 226 trichechus manatus class aves (birds)25 anseriformes anatidae: ducks, geese, swans, etc227 anas aucklandica228 anas chlorotis 229 anas laysanensis30230 anas nesiotis231 asarcornis scutulata 232 branta canadensis leucopareia 233 branta sandvicensis 234 rhodonessa caryophyllacea35(possibly extinct) apodiformes trochilidae: hummingbirds235 glaucis dohrnii charadriiformes laridae: gull40236 larus relictusscolopacidae: curlews, greenshanks237 numenius borealis 238 numenius tenuirostris 239 tringa guttifer ciconiiformes ciconiidae: storks240 ciconia boyciana5241 jabiru mycteria242 mycteria cinereathreskiornithidae: ibises, spoonbills243 geronticus eremita 244 nipponia nippon10 columbiformes columbidae: doves, pigeons245 caloenas nicobarica 246 ducula mindorensis coraciiformes bucerotida: hornbills15247 aceros nipalensis 248 buceros bicornis 249 rhinoplax vigil 250 rhyticeros subruficollis20 falconiformes: eagles, falcons, hawks, vultures accipitridae: hawks, eagles251 aquila adalberti 252 aquila heliaca 253 chondrohierax uncinatus wilsonii25254 haliaeetus albicilla 255 harpia harpyja 256 pithecophaga jefferyicathartidae: new world vultures257 gymnogyps californianus 258 vultur gryphus30falconidae: falcons259 falco araeus 260 falco jugger 261 falco newtoni 262 falco pelegrinoides3540263 falco peregrinus 264 falco punctatus 265 falco rusticolusgalliformes cracidae: chachalacas, currassows, guans266 crax blumenbachii 267 mitu mitu 268 oreophasis derbianus 269 penelope albipennis270 pipile jacutinga 271 pipile pipilemegapodiidae: megapodes, scrubfowl272 macrocephalon maleo5phasianida: grouse, guineafowl, partridges, pheasants, tragopans273 catreus wallichii 274 colinus virginiamus ridgwayi 275 crossoptilon crossoptilon 276 crossoptilon mantchuricum 277 lophophorus impejanus10278 lophophorus lhuysii 279 lophophorus sclateri 280 lophura edwardsi 281 lophura imperialis282 lophura swinhoii15283 polyplectron napoleonis 284 rheinardia ocellata 285 syrmaticus ellioti286 syrmaticus humiae20287 syrmaticus mikado288 tetraogallus caspius 289 tetraogallus tibetanus 290 tragopan blythii 291 tragopan caboti292 tragopan melanocephalus25293 tympanuchus cupido attwateri gruiformes gruidae: cranes294 grus americana30295 grus canadensis nesiotes 296 grus canadensis pulla297 grus japonensis 298 grus leucogeranus299 grus monacha 300 grus nigricollis35301 grus vipiootididae: bustards302 ardeotis nigriceps 303 chlamydotis macqueenii 304 chlamydotis undulata40305 houbaropsis bengalensis rallidae: rail306 gallirallus sylvestrisrhynochetidae: kagu307 rhynochetos jubatus5passeriformes atrichornithidae: scrub-bird308 atrichornis clamosuscotingidae: cotingas309 cotinga maculata10310 xipholena atropurpureafringillidae: finches311 carduelis cucullatahirundinidae: martin15312 pseudochelidon sirintaraeicteridae: blackbird313 xanthopsar flavusmeliphagidae: honeyeater314 lichenostomus melanops cassidixmuscicapidae: old world flycatchers20315 dasyornis broadbenti litoralis(possibly extinct)316 dasyornis longirostris 317 picathartes gymnocephalus 318 picathartes areas25pittidae: pittas319 pitta gurneyi 320 pitta kochistrunidae: mynahs (starlings)30321 leucopsar rothschildizosteropidae: white-eye322 zosterops albogularispelecaniformes fregatidae: frigatebird323 fregata andreswsipelecanidae: pelican35324 pelecanus crispussulidae: booby325 papasula abbottipiciformes picidae: woodpeckers40326 campephilus imperialis 327 dryocopus javensis richardsipodicipediformes podicipedida: grebe45328 podilymbus gigas procellariiformes diomedeidae: albatross329 phoebastria albatrus psittaciformes cacatuidae: cockatoos5330 cacatua goffiniana 331 cacatua haematuropygia 332 cacatua moluccensis 333 cacatua sulphurea10334 probosciger aterrimuslorridae: lories, lorikeets335 eos histrio 336 vini ultramarinapsittacidae: amazons, macaws, parakeets, parrots337 amazona arausiaca15338 amazona auropalliata 339 amazona barbadensis 340 amazona brasiliensis 341 amazona finschi 342 amazona guildingii20343 amazona imperialis 344 amazona leucocephala 345 amazona oratrix 346 amazona pretrei25347 amazona rhodocorytha 348 amazona tucumana 349 amazona versicolor 350 amazona vinacea 351 amazona viridigenalis 352 amazona vittata30353 anodorhynchus spp 354 ara ambiguus 355 ara glaucogularis 356 ara macao 357 ara militaris35358 ara rubrogenys 359 cyanopsitta spixii 360 cyanoramphus cookii 361 cyanoramphus forbesi 362 cyanoramphus novaezelandiae40363 cyanoramphus saisseti 364 cyclopsitta diophthalma coxeni365 eunymphicus cornutus 366 guarouba guarouba 367 neophema chrysogaster 368 ognorhynchus icterotis5369 pezoporus occidentalis(possibly extinct)370 pezoporus wallicus 371 pionopsitta pileata 372 primolius couloni 373 primolius maracana10374 psephotus chrysopterygius 375 psephotus dissimilis 376 psephotus pulcherrimus(possibly extinct)377 psittacula echo15378 pyrrhura cruentata 379 rhynchopsitta spp 380 strigops habroptilus20 rheiformes rheidae: rheas381 pterocnemia pennata (except pterocnemia pennata pennata which is included inappendix ii) sphenisciformes spheniscidae: penguins25382 spheniscus humboldti strigiformes: owls383 heteroglaux blewitti 384 mimizuku gurneyi 385 ninox natalis 386 ninox novaeseelandiae undulata30tytonidae: barn owls387 tyto soumagnei struthioniformes struthionidae: ostrich388 struthio camelus35 tinamiformes tinamidae: tinamous389 tinamus solitarius trogoniformes trogonidae: quetzals40390 pharomachrus mocinno class reptilia (reptiles)crocodylia: alligators, caimans, crocodiles391 crocodylia spp (except the species included in appendix i)5alligatoridae: alligators, caimans392 alligator sinensis 393 caiman crocodilus apaporiensis 394 caiman latirostris (except the population of argentina, which is included inappendix ii)10395 melanosuchus nigercrocodylidae: crocodiles396 crocodylus acutus 397 crocodylus cataphractus 398 crocodylus intermedius 399 crocodylus mindorensis15400 crocodylus moreletii 401 crocodylus niloticus niloticus 402 crocodylus palustris 403 crocodylus porosus 404 crocodylus rhombifer20405 crocodylus siamensis 406 osteolaemus tetraspis 407 tomistoma schlegelii 408 gavialidae: gavial25gavialis gangeticus rhynchocephalia sphenodontidae: tuatara409 sphenodon sppsauria chamaeleonidae: chameleons30410 brookesia perarmatahelodermatidae: beaded lizard, gila monster411 heloderma horridum charlesbogertiiguanidae: iguanas412 brachylophus spp35413 cyclura spp 414 sauromalus variuslacertidae: lizards415 gallotia simonyivaranidae: monitor lizards40416 varanus bengalensis 417 varanus flavescens 418 varanus griseus419 varanus komodoensis 420 varanus nebulosusserpentes : snakes boidae : boas421 acrantophis spp5422 boa constrictor occidentalis 423 epicrates inornatus 424 epicrates monensis 425 epicrates subflavus 426 sanzinia madagascariensis10bolyeriidae : round island boas427 bolyeria multocarinata 428 casarea dussumieriloxocemidae : mexican dwarf boa15429 python molurus molurustropidophiidae : wood boas430 vipera ursiniitestudines chelidae : austro-american side-necked turtles20431 pseudemydura umbrinacheloniidae : marine turtles432 cheloniidae sppemydidae : box turtles, freshwater turtles433 glyptemys muhlenbergii25434 terrapene coahuilageoemydidae : box turtles, freshwater turtles435 batagur affinis 436 batagur baska 437 geoclemys hamiltonii30438 melanochelys tricarinata 439 morenia ocellata 440 pangshura tectatestudinidae : tortoises35441 astrochelys radiata 442 astrochelys yniphora 443 chelonoidis nigra 444 gopherus flavomarginatus 445 psammobates geometricus 446 pyxis arachnoides40447 pyxis planicauda 448 testudo kleinmannitrionychidae : softshell turtles, terrapins449 apalone spinifera atra 450 aspideretes gangeticus 451 aspideretes hurum 452 aspideretes nigricans5 class amphibia (amphibians)anura bufonidae : toads453 altiphrynoides spp 454 atelopus zeteki 455 bugo periglenes10456 bufo superciliaris 457 nectophrynoides spp458 nimbaphrynoides spp459 spinophrynoides sppmicrohylidae : red rain frog, tomato frog15460 dyscophus antongiliicryptobranchidae : giant salamanders461 andrains sppsalamandridae : newts and salamanders20462 neurergus kaiseri class elasmobranchii (sharks) rajiformes pristidae : sawfishes463 pristidae spp (except the species included in appendix ii)25acipenseriformes : paddlefishes, sturgeons acipenseridae : sturgeons464 acipenser brevirostrum 465 acipenser sturio30cypriniformes catostomidae : cui-ui466 chasmistes cujuscyprinidae : blind carps, plaeesok467 probarbus jullieni35osteoglossiformes osteoglossidae : arapaima, bonytongue468 scleropages formosusperciformes sciaenidae : totoaba40469 totoaba macdonaldisiluriformes pangasiidae : pangasid catfish470 pangasianodon gigas class sarcopterygii (lungfishes) coelacanthiformes latimeriidae : coelacanths5471 latimeria spp phylum arthropoda lepidoptera papilionidae : birdwing butterflies, swallowtail butterflies472 ornithoptera alexandrae 473 papilio chikae10474 papilio homerus 475 papilio hospiton phylum mollusca15 class bivalvia (clams and mussels) unionoida unionidae : freshwater mussles, pearly mussels476 conradilla caelata 477 dromus dromas 478 epioblasma curtisi20479 epioblasma florentina 480 epioblasma sampsonii 481 epioblasma sulcata perobliqua 482 epioblasma torulosa gubernaculum 483 epioblasma torulosa torulosa25484 epioblasma turgidula 485 epioblasma walkeri 486 fusconaia cuneolus 487 fusconaia edgariana30488 lampsilis higginsii 489 lampsilis orbiculata orbiculata 490 lampsilis satur 491 lampsilis virescens 492 plethobasus cicatricosus 493 plethobasus cooperianus35494 pleurobema plenum 495 potamilus capax 496 quadrula intermedia 497 quadrula sparsa 498 toxolasma cylindrella40499 unio nickliniana 500 unio tampicoensis tecomatensis 501 villosa trabalis stylommatophoraachatinellidae: agate snails, oahu tree snails502 achatinella spp flora (plants)5agavaceae: agaves503 agave parvifloraapocynaceae: elephant trunks, hoodias504 pachypodium ambongense 505 pachypodium baronii 506 pachpodium decaryi10 507 araucariaceae: monkey-puzzle tree508 araucaria araucanacactaceae: cacti509 ariocarpus spp15510 astrophytum asterias 511 aztekium ritteri512 coryphantha werdermannii513 discocactus spp 514 echinocereus ferreirianus ssp lindsayi20515 echinocereus schmollii 516 escobaria minima 517 escobaria sneedii 518 mammillaria pectinifera 519 mammillaria solisioides 520 melocactus conoideos25521 melocactus deinacanthus 522 melocactus glaucescens 523 melocactus paucispinus 524 obregonia denegrii 525 pachycereus militaris30526 pediocactus bradyi 527 pediocactus knowltonii 528 pediocactus paradinei 529 pediocactus peeblesianus35530 pediocactus sileri 531 pelecyphora spp 532 sclerocactus brevihamatus ssp tobuschii 533 sclerocactus erectocentrus 534 sclerocactus glaucus 535 sclerocactus mariposensis40536 sclerocactus mesae-verdae 537 sclerocactus nyensis538 sclerocactus papyracanthus 539 sclerocactus pubispinus 540 sclerocatus wrightiae 541 strombocactus spp 542 turbinicarpus spp5543 uebelmannia sppcomposite: (asteraceae) kuth544 saussurea costuscupressaceae: alerce, cypresses545 fitzroya cupressoides10546 pilgerodendron uviferumcycadaceae: cycads547 cycas beddomeieuphorbiaceae: spurges15548 euphorbia ambovombensis 549 euphorbia capsaintemariensis 550 euphorbia cremersil (includes the forma viridifolia and the var rakotozafyi) 551 euphorbia cylindrifolia (includes the ssp tuberifera) 552 euphyorbia decaryi (includes the vars ampanihyensis, robinsonii and spirosticha)20553 euphorbia francoisii 554 euphorbia moratti (includes the vars antsigiensis, bemarahensis and multiflora) 555 euporbia parvicyathophora 556 euphorbia quartziticola 557 euphorbia tulearensis25 fouquieriaceae: ocotillos558 fouquieria fasiculata 559 fouquieria purpusii leguminosae (fabaceae): afrormosia, cristobal, rosewood, sandalwood560 dalbergia nigra30 liliaceae: aloes561 aloe albida 562 aloe albiflora 563 aloe alfredii 564 aloe bakeri35565 aloe bellatuala 566 aloe calcairphila 567 aloe compressa (includes the vars paucituberculata, rugousquamosa andschistophila)568 aloe delphinensis40569 aloe descoingsii 570 aloe fragilis 571 aloe haworthioides (includes the var aurantiaca) 572 aloe helenae 573 aloe laeta (includes the var maniaensis) 574 aloe parallelifolia 575 aloe parvula5576 aloe pillansii 577 aloe polyphylla 578 aloe rauhii 579 aloe suzannae 580 aloe versicolor10581 aloe vossiinepenthaceae: pitcher-plants (old world)582 nepenthes khasiana 583 nepenthes rajahorchidaceae: orchids584 aerangis ellisii15585 dendrobium cruentum 586 laelia jongheana 587 laelia lobata 588 paphipedilum spp20589 peristeria elata 590 phargmipedium spp591 renanthera imschootianapalmae (arecaceae): palms592 chrysalidocarpus decipienspinaceae: firs and pines25593 abies guatemalensispodocarpaceae: podocarps594 podocarpus parlatoreirubiaceae: ayugue595 balmea stormiae30sarraceniaceae: pitcher-plants (new world)596 sarracenia oreophila597 sarracenia rubra 598 ssp alabamensis599 sarracenia rubra ssp jonesii35stangeriaceae: stangerias600 stangeria eriopuszamiaceae: cycads601 ceratozamia spp40602 chigua spp603 encephalartos spp 604 microcycas calacoma fauna (animals) phylumchordata class mammalia (mammals)5 artiodactyla bovidae: antelopes, cattle, duikers, gazellers, goats, sheep, etc1 ammotragus lervia 2 biscon bison athabascae 3 budorcas taxicolor104 cephalophus brookei 5 cephalophus dorsalis 6 cephalophus ogilbyi 7 cephalophus silvicultor 8 cephalophus zebra159 damaliscus pygargus pygargus10 kobus leche 11 ovis ammon (except the subsepecies included in appendix i) 12 ovis canadensis 13 ovis vignei (except the subspecies included in appendix i)2014 philantomba monticola 15 saiga borealis 16 saiga tataricacamelidae: guanaco, vicuna2517 lama guanicoe 18 vicugna vicugnacervidae deer: guemals, muntjacs, pudus19 cervus elaphus bactrianus 20 pudu mephistophile30 hippopotamidae: hippopotamuses21 hexaprotodon liberiensis 22 hippopotamus amphibiousmoschidae: musk deer23 moschus spp (except which are included in appendix i)35tayassuidae: peccaries24 tayassuidae spp (except the species included in appendix i) carnivoracanidae: bush dog, foxes, wolves25 canis lupus (except which are included in appendix i)4026 cerdocyon thous 27 chrysocyon brachyurus28 cuon alpinus 29 lycalopex fulvipes 30 lycalopex fulvipes 31 lycalopex griseus532 lycalopex gymnocercus 33 vulpes cana 34 vulpes zerdaeupleridae: fossa, falanouc, malagasy civet35 cryptoprocta ferox 36 eupleres goudotii1037 fossa fossanafelidae: cats38 felidae spp (except the species included in appendix i)mephitidae: hog-nosed skunk1539 conepatus humboldtiilutrinae: otters40 lutrinae spp (except the species included in appendix i)otariiae: fur seals, sealions41 arctocephalus spp (except the species included in appendix i)20phocidae: seals42 mirounga leonineursidae: bears, giant panda43 ursidae spp (except the species included in appendix i)viverridae: binturong, civets, linsangs, otter-civet, palm civets44 cynogale bennettii2545 hemigalus derbyanus 46 prionodon linsangcetacea: dolphins, porpoises, whales47 cetacea spp (except the species included in appendix i)pteropodidae: fruit bats, flying foxes3048 acerodon spp (except the species included in appendix i) 49 pteropus spp (except the species included in appendix i)cingulata dasypodidae: armadillos50 chaetophractus nationi35diprotodontia macropodidae: kangaroos, wallabies51 dendrolagus inustus 52 dendrolagus ursinusphalangeridae: cuscuses53 phalanger intercastellanus4054 phalanger mimicus55 phalanger orientalis 56 spilocuscus kraemeri 57 spilocuscus maculatus 58 spilocuscus papuensis5 monotremata tachyglossidae: echidnas, spiny anteaters59 zaglossus spp perissodactyla equidae: horses, wild asses, zebras1060 equus hemionus (except the subsepecies included in appendix i) 61 equus kiang 62 equus zebra hartmannaerhinocerotidae: rhinoceroses63 ceratotherium simum simumtapiridae: tapirs1564 tapirus terrestrispholidota manidae: pangolins65 manis spp20 pilosa bradypodidae: three-toed sloth66 bradypus variegatesmyrmecophagidae: american anteaters67 myrmecophaga tridactylaprimates: apes, monkeys2568 primate spp (except the species included in appendix i) proboscideaelephantidae: elephants69 loxodonta africana rodentia30sciuridae: ground squirrels, tree squirrels70 ratufa sppscandentia: tree shrews71 scandentia spp sirenia35trichechidae: manatees72 trichechus senegalensis class aves (birds)40 anseriformesanatidae: ducks, geese, swans, etc73 anas bernieri 74 anas formosa 75 branta ruficollis 76 coscoroba coscoroba 77 cygnus melancoryphus 78 dendrocygna arborea579 oxyura leucocephala 80 sarkidiornis melanotosapodiformes trochilidae: hummingbirds81 trochilidae spp (except the species included in appendix i)10ciconiformes balaenicipitidae: shoebill, whale-headed stork82 balaeniceps rexciconiidae: storks83 ciconia nigra15phoenicopteridae: flamingos84 phoenicopteridae sppthreskiornithidae: ibises, spoonbills85 eudocimus ruber 86 geronticus calvus 87 platalea leucorodia20columbiformes columbidae: doves, pigeons88 gallicolumba luzonica 89 goura spp25coraciiformes bucerotidae: hornbills90 aceros spp (except the species included in appendix i) 91 anorrhinus spp 92 anthracoceros spp3093 berenicornis spp 94 buceros spp (except the species included in appendix i) 95 penelopides spp 96 rhyticeros spp (except the species included in appendix i)cuculiformes musophagidae: turacos3597 tauraco sppfalconiformes eagles, falcons, hawks, vultures98 falconiformes spp (except the species included in appendices i and iii and thespecies of the family cathartidae)40galliformes phasianidae: grouse, guineafowl, partridges, pheasants, tragopans99 argusianus argus100 gallus sonneratii 101 ithaginis cruentus 102 pavo muticus 103 polyplectron bicalcaratum 104 polyplectron germaini5105 polyplectron malacense 106 polyplectron schleiermacherigruiformes gruidae: cranes107 gruidae spp (except the species included in appendix i)10otididae: bustards108 otididae sppcotingidae: cotingas109 rupicola sppemberizidae: cardinals, tanagers110 gubernatrix cristata15111 paroaria capitata 112 paroaria coronata 113 tangara fastuosaestrildidae: mannikins, waxbills20114 amandava formosa 115 lonchura oryzivora 116 poephila cincta cinctafringillidae: finches117 carduelis yarrelliimuscicapidae: old world flycatchers25118 cyornis ruckii 119 garrulax canorus 120 garrulax taewanus 121 leiothrix argentauris30122 leiothrix lutea 123 liocichla omeiensisparadisaeidae: birds of paradise124 paradisaeidae spppittidae: pittas125 pitta guajana35126 pitta nymphapycnonotidae: bulbul127 pycnonotus zeylanicussturnidae: (mynahs (starlings)40128 gracula religiosaramphastidae: toucans129 pteroglossus aracari 130 pteroglossus viridis 131 ramphastos sulfuratus 132 ramphastos toco 133 ramphastos tucanus5134 ramphastos vitellinuspsittachiformes135 psittaciformes spp (except the species included in appendix i and agapornisroseicollis, melopsittacus undulatus, nymphicus hollandicus and psittacula krameri, which are not included in the appendices)10rheiformes rheidae: rheas136 pterocnemia pennata pennata 137 rhea americanasphenisciformes spheniscidae: penguins15138 spheniscus demersusstrigiformes owls139 stragiformes spp (except the species included in appendix i) class reptilia (reptiles)20crocodylia alligators, caimans, crocodiles140 crocodilia spp (except the species included in appendix i)sauria agamidae: agamas, mastigures141 uromastyx spp25chamaeleonidae: chameleons142 bradypodion spp 143 brookesia spp (except the species included in appendix i)144 calumma spp30145 chamaeleo spp 146 furcifer sppcordylidae: spiny-tailed lizards147 cordylus sppgekkonidae: geckos148 cyrtodactylus serpensinsula35149 phelsuma spp 150 uroplatus spphelodermatidae: beaded lizard, gila monster151 heloderma spp (except the subspecies included in appendix i)iguanidae: iguanas40152 amblyrhynchus cristatus153 conolophus spp 154 ctenosaura bakeri155 ctenosaura oedirhina 156 ctenosaura melanosterna 157 ctenosaura palearis 158 iguana spp5159 phrynosoma blainvillii 160 phrynosoma cerroense 161 phrynosoma coronatum 162 phrynosoma wigginsilacertidae: lizards10163 podarcis lilfordi 164 podarcis pityusensisscincidae skinks165 corucia zebratateiidae: caiman lizards, tegu lizards166 crocodilurus amazonicus15167 dracaena spp 168 tupinambis sppvaranidae: monitor lizards169 varanus spp (except the species included in appendix i)20xenosauridae: chinese crocodile lizard170 shinisaurus crocodilurusserpentes: snakes boidae: boas171 boidae spp (except the species included in appendix i)25bolyeriidae: round island boas172 bolyeriidae spp (except the species included in appendix i)colubridae: typical snakes, water snakes, whipsnakes173 clelia clelia 174 cyclagras gigas 175 elachistodon westermanni30176 ptyas mucosuselapidae: cobras, coral snakes177 hoplocephalus bungaroides 178 naja atra 179 naja kaouthia35180 naja mandalayensis 181 naja naja 182 naja oxiana 183 naja philippinensis40184 naja sagittifera 185 naja samarensis 186 naja siamensis 187 naja sputatrix 188 naja sumatrana 189 ophiophagus hannahloxocemidae: mexican dwarf boa5190 loxocemidae spppythonidae: pythons191 pythonidae spp (except the species included in appendix i)tropidophiidae: wood boas192 tropidophiidae sppviperidae: vipers10193 vipera wagneritestudines carettochelyidae: pig-nosed turtles194 carettochelys insculptachelidae: austro-american side-necked turtles15195 chelodina maccordidermatemydidae: central american river turtle196 dermatemys mawiiemydidae: box turtles, freshwater turtles20197 glyptemys insculpta198 terrapene spp (except the species included in appendix i)geoemydidae: box turtles, freshwater turtles199 batagur spp (except the species included in appendix i) 200 cuora spp201 heosemys annandalii25202 heosemys depressa 203 heosemys grandis204 heosemys spinosa 205 leucocephalon yuwonoi30206 malayemys macrocephala 207 malayemys subtrijuga 208 mauremys annamensis 209 mauremys mutica 210 notochelys platynota 211 orlitia borneensis35212 pangshura spp (except the species included in appendix i)213 siebenrockiella crassicollis 214 siebenrockiella leytensisplatysternidae: big-headed turtle40215 platysternon megacephalumpodocnemididae: afro-american side-necked turtles216 erymnochelys madagascariensis 217 peltocephalus dumerilianus 218 podocnemis spptestudinidae: tortoises219 testudinidae spp (except the species included in appendix i)5trionychidae: softshell turtles, terrapins220 amyda cartilaginea 221 chitra spp 222 lissemys punctata 223 lissemys scutata 224 pelochelys spp10 class amphibia (amphibians) anura dendrobatidae: poison frogs225 allobates femoralis15226 allobates zaparo 227 cryptophyllobates azureiventris 228 dendrobates spp 229 epipedobates spp 230 phyllobates spp20hylidae: tree frogs231 agalychnis spp232 mantellidae mantellas233 mantella spp25microhylidae: red rain frog, tomato frog234 scaphiophryne gottlebeiranidae: frogs235 euphlyctis hexadactylus 236 hoplobatrachus tigerinusrheobatrachidae: gastric-brooding frogs30237 rheobatrachus spp caudata ambystomatidae: axolotls238 ambystoma dumerilii 239 ambystoma mexicanum35 class elasmobranchii (sharks) lamniforms cetorhinidae: basking shark40240 cetorhinus maximuslamnidae: great white shark241 carcharodon carcharias orectolobiformes rhincodontidae: whale shark242 rhincodon typusrajiformes pristidae: sawfishes5243 pristis microdon class actinopterygii (fishes)acipenseriformes paddlefishes, sturgeons244 acipenseriformes spp (except the species included in appendix i)10anguilliformes anguillidae: freshwater eels245 anguilla anguillacyprinidae: blind carps, plaeesok246 caecobarbus geertsi15osteoglossiformes osteoglossidae: arapaime, bonytongue247 arapaima gigas perciformes labridae: wrasses20248 cheilinus undulates class sarcopterygii (lungfishes) ceratodontiformes ceratodontidae: australian lungfish25249 neoceratodus forsteri phylum arthropoda class arachnida (scorpions and spiders)30araneae theraphosidae: red-kneed tarantulas, tarantulas250 aphonopelma albiceps 251 aphonopelma pallidum 252 brachypelma spp35scorpiones scorpionidae: scorpions253 pandinus dictator 254 pandinus gambiensis 255 pandinus imperator40 class insecta (insects) coleoptera scarabaeidae: scarab beetles256 dynastes satanas papilionidae: birdwing butterflies, swallowtail butterflies257 atrophaneura jophon 258 atrophaneura pandiyana 259 bhutanitis spp5260 ornithoptera spp (except the species included in appendix i) 261 parnassius apollo 262 teinopalpus spp 263 trogonoptera spp 264 troides spp10 phylum annelida class hirudinoidea (leeches) arhynchobdellida hirudinida: medicinal leeches265 hirudo medicinalis15266 hirudo verbena phylum mollusca clalss bivalvia (clams and mullels)20 mytiloida mytilidae: marine mussels267 lithophaga lithophaga unionoida unionidae: freshwater mussels, pearly mussels268 cyprogenia aberti25269 epioblasma torulosa rangina 270 pleurobema clava veneroidatridacnidae: giant clams30271 tridacnidae spp class gastropoda (snails and conches) mesogastropoda strombidae: queen conch35272 strombus gigas stylommatophora camaenidae: green tree snail273 papustyla pulcherrima40 phylum cnidaria class anthozoa (corals and sea anemones) antipatharia: black corals274 antipatheria spp helioporacea helioporidae: black corals275 helioporidae spp (includes only species heliopora coerulea fossils are not subjectto the provisions of the convention)scleractinia: stony corals5276 scleractinia spp (fossils are not subject to the provisions of the convention)stolonifera tubiporidae: organ-pipe corals277 tubiporidae spp (fossils are not subject to the provisions of the convention)10 class hydrozoa (sea ferns, fire corals and stinging medusae)milleporina milleporidae: fire corals278 milleporidae spp (fossils are not subject to the provisions of the convention)15stylasterina stylasteridae lace corals279 stylasteridae spp (fossils are not suject to the provisions of the convention)flora (plants) agavaceaf: agaves280 agave victoriae-reginae20281 nolina interrataamaryllidaceae: snowdrops, sternbergias282 galanthus spp 283 sternbergias sppanacadiaceae: cashews25284 operculicarya hyphaenoides 285 operculicarya pachypusapocynaceae: elephant trunks, hoodias286 hoodia spp 287 pachypodium spp (except the species included in apendix i )30288 rauvolfia serpentinearaliaceae: ginseng289 panax ginseng 290 panax quinque foliusberberidaceae: may-apple35291 podophyllum hexandrumbromeliaceae: air plants, bromelias292 tillandsia harrisii 293 tillandsia kammii 294 tillandsia kautskyi40295 tillandsia mauryana 296 tillandsia sprengeliana 297 tillandsia sucrei 298 tillandsia xerographicacactaceae: cacti299 cactaceae spp (except the species included in appendix i and except pereskia spppereskiopsis spp and quiabentia spp) caryocaraceae: ajo300 caryocar costaricense5crassulaceae: dudleyas301 dudleya stolonifera 302 dudleya traskiaecucurbitaceae: melons, gourds, cucurbits10303 zygosicyos pubescens 304 zygosicyos tripartituscyatheaceae: tree-ferns305 cyathea sppcycadaceae: cycads15306 cycadaceae spp (except the species included in appendix i)dicksoniaceae: tree-ferns307 cibotium barometz 308 dicksonia sppdidiereaceae: alluaudias, didiereas309 didiereaceae spp20dioscoreaceae: elephant's foot, kniss310 dioscorea deltoideadroseraceae: venus' flytrap311 dionaea muscipula25euphorbiaceae: spurges312 euphorbia sppfouquieriaceae: ocotillos313 fouquieria columnarisjuglandaceae: gavilan314 oreomunnea pterocarpa30lauraceae: laurels315 aniba rosaeodoraleguminosae (fabaceae): afrormosia, cristobal, rosewood, sandalwood316 caesalpinia echinata35317 pericopsis elata 318 platymiscium pleiostachyum 319 pterocarpus santalinusliliaceae: aloes40320 aloe sppmeliaceae: mahoganies, spanish cedar321 swietenia humilis322 swietenia macrophylla 323 swietenia mahagoninepenthaceae: pitcher-plants (old world)324 nepenthes spp5orchidaceae: orchids325 orchidaceae spporobanchaceae: broomrape326 cistanche deserticolapalmae (arecaceae): palms10327 beccariophoenix madagascariensis 328 lemurophoenix halleuxii 329 marojejya darianii 330 neodypsis decaryi 331 ravenea lauveli 332 ravenea rivularis15333 satranala decussilvae 334 voanioala gerardiipassifloraceae: passion-flowers335 adenia olaboensis20portulacaceae: lewisias, portulacas, purslanes336 anacampseros spp 337 avonia spp338 lewisia serrataprimulaceae: cyclamens339 cyclamen spp25ranunculaceae: golden seals, yellow adonis, yellow root340 adonis vernalis 341 hydrastis canadensisrosaceae: african cherry, stinkwood342 prunus africana30rubiaceae: ayugue343 sarracenia spp (except the species included in appendix i)scrophulariaceae: kutki344 picrorhiza kurrooa (excludes picrorhiza scrophulariiflora)35stangeriaceae: stangerias345 bowenia spptaxaceae: himalayan yew346 taxus chinesis and infraspecific taxa of this species 347 taxus cuspidata and infraspecific taxa of this species 348 taxus fuana and infraspecific taxa of this species40349 taxus sumatrana and infraspecific taxa of this species 350 taxus wallichiana thymelaeaceae (aquilariaceae): agarwood, ramin351 aquilaria spp 352 gonystylus spp 353 gyrinops spp valerianaceae: himalayan spikenard5354 nardostachys grandifloravitaceae: grapes355 cyphostemma elephantopus 356 cyphostemma montagnacii10 welwitschiaceae: welwitschia357 welwitschia mirabiliszamiaceae: cycads358 zamiaceae spp (except the species included in appendix i)zingiberaceae: giner lily15359 hedychium philippinense zygophyllaceae: lignum-vitae360 bulnesia sarmientoi 361 guaiacum spp fauna (animals) phylum chordata class mammalia (mammals)5artiodactyla bovidae: antelopes, cattle, duikers, gazelles, goats, sheep, etc1 antilope cervicapra 2 bubalus arnee (excludes the domesticated form, which is referenced as bubalusbubalis)103 gazella dorcas 4 tetracerus quadricorniscervidae: deer, guemals, muntjacs, pudus5 cervus elaphus barbarus 6 mazama temama cerasina157 odocoileus virginianus mayensiscarnivora canidae: bush dog, foxes, wolves8 canis aureus 9 vulpes bengalensis2010 vulpes vulpes griffithi 11 vulpes vulpes montana 12 vulpes vulpes pusillaherpestidae: mongooses13 herpestes edwardsi2514 herpestes fuscus 15 herpestes javanicus 16 auropunctatus 17 herpestes smithii3018 herpestes urva 19 herpestes vitticollishyaenidae: aardwolf20 proteles cristatamustelinae: grisons, honey badger, martens, tayra, weasels3521 eira barbara 22 galictis vittata 23 martes flavigula 24 martes foina intermedia 25 martes gwatkinsii 26 mellivora capensis4027 mustela altaica 28 mustela erminea ferghanae29 mustela kathiah 30 mustela sibiricaodobenidae: walrus31 odobenus rosmarusprocyonidae: coatis, kinkajou, olingos532 bassaricyon gabbii 33 bassariscus sumichrasti 34 nasua narica 35 nasua nasua solitaria1036 potos flavusviverridae: binturong, civets, linsangs, otter-civet, palm civets37 arctictis binturong 38 civettictis civetta 39 paguma larvata1540 paradoxurus hermaphroditus 41 paradoxurus jerdoni 42 viverra civettina 43 viverra zibetha 44 viverricula indica20chiroptera phyllostomidae: broad-nosed bat45 platyrrhinus lineatuscingulata dasypodidae: armadillos46 cabassous centralis2547 cabassous tatouaypilosa megalonychidae: two-toed sloth48 choloepus hoffmannimyrmecophagidae: american anteaters3049 tamandua mexicanarodentia cuniculidae: paca50 cuniculus pacadasyproctidae: agouti3551 dasyprocta punctataerethizontidae: new world porcupines52 sphiggurus mexicanus 53 sphiggurus spinosus40sciuridae: ground squirrels, tree squirrels54 marmota caudata 55 marmota himalayana 56 sciurus deppei class aves (birds)anseriformes anatidae: ducks, geese, swans, etc557 cairina moschata 58 dendrocygna autumnalis 59 dendrocygna bicolorcharadriiformes burhinidae: thick-knee60 burhinus bistriatus10columbiformes columbidae: doves, pigeons61 nesoenas mayericuculiformes cathartidae: new world vultures1562 sarcoramphus papagalliformes cracidae: chachalacas, currassows, guans63 crax alberti2064 crax daubentoni65 crax globulosa 66 crax rubra 67 ortalis vetula 68 pauxi pauxi69 penelope purpurascens2570 penelopina nigraphasianidae: grouse, guineafowl, partridges, pheasants, tragopans71 meleagris ocellata 72 tragopan satyra30passeriformes cotingidae: cotingas73 cephalopterus ornatus 74 cephalopterus penduligermuscicapidae: old world flycatchers75 acrocephalus rodericanus3576 terpsiphone bourbonnensispiciformes capitonidae: barbet77 semnornis ramphastinusramphastidae: toucans4078 baillonius bailloni 79 pteroglossus castanotis80 ramphastos dicolorus 81 selenidera maculirostris class reptilia (reptiles) sauria gekkonidae: geckos582 hoplodactylus spp 83 naultinus sppserpentes: snakes colubridae typical snakes, water snakes, whip snakes84 atretium schistosum 85 cerberus rynchops1086 xenochrophis piscatorelapidae: cobras, coral snakes87 micrurus diastema 88 micrurus nigrocinctusviperidae: vipers1589 crotalus durissus 90 daboia russelii testudines chelydridae: snapping turtles2091 macrochelys temminckiiemydidae: box turtles, freshwater turtles92 graptemys sppgeoemydidae: box turtles, freshwater turtles93 geoemyda spengleri 94 mauremys iversoni2595 mauremys megalocephala 96 mauremys nigricans 97 mauremys pritchardi 98 mauremys reevesii3099 mauremys sinensis100 ocadia glyphistoma 101 ocadia philippeni 102 sacalia bealei 103 sacalia pseudocellata 104 sacalia quadriocellata35trionychidae: softshell turtles, terrapins105 palea steindachneri 106 pelodiscus axenaria 107 pelodiscus maackii 108 pelodiscus parviformis40109 rafetus swinhoei phylum echinodermata class holothuroidea (sea cucumbers)aspidochirotida stichopodidae sea cucumbers110 isostichopus fuscusclass insecta(insects)coleoptera lucanidae: cape stag beetles111 colophon supplepidoptera nymphalidae: brush-footed butterflies112 agrias amydon boliviensis 113 morpho godartii lachaumei 114 prepona praeneste buckleyanaphylum cnidariaclass anthozoa(corals and sea anemones)gorgonaceae coralliidae115 corallium elatius 116 corallium japonicum 117 corallium konjoi 118 corallium secundumflora (plants)gnetaceae: gnetums119 gnetum montanumleguminosae (fabaceae): afrormosia, cristobal, rosewood, sandalwood120 dalbergia retusa 121 dalbergia stevensonii 122 dipteryx panamensismagnoliaceae: magnolia123 magnolia liliifera var obovatameliaceae mahoganies, spanish cedar124 cedrela fissilis 125 cedrela lilloi 126 cedrela odoratapalmae (arecaceae): palms127 lodoicea maldivicapapaveraceae: poppy128 meconopsis regiapinaceae: firs and pines129 abies guatemalensis 130 pinus koraiensispodocarpaceae: podocarps131 podocarpus neriifoliustrochodendraceae: (tetracentraceae) tetracentron132 tetracentron sinense statement of objects and reasonsthe wild life (protection) act, 1972 provides for the protection and conservation of wild animals, birds and plants the said act, provides inter alia, for the management of their habitats and regulation and control of trade or commerce thereof2 taking into consideration the increase in wild life crime, the central government had constituted a tiger task force the tiger task force, in its report, had recommended for amending the wild life (protection) act, 1972 so as to increase the punishments for violating provisions of the act consequent upon the recommendations the task force, a committee was constituted for examining the recommendations made by the tiger task force relating to amendments in the act and the provisions for enforcement of the convention on international trade in endangered species of wild fauna and flora (cites) in the country, and suggesting other necessary amendments india is a party to the said convention and it is obligatory for the country to bring in necessary legislative changes to facilitate implementation of cites3 the committee, inter alia, recommended to insert a new chapter vb, in the act consistent with the provisions of the cites the terms, phrases and definitions etc in the chapter would have the same meaning as given in the cites4 the wild life (protection) amendment bill, 2013, inter alia, proposes to—(a) insert new definitions in view of the amendments proposed in the act; (b) provide for prohibition on use of animal traps except under certain circumstances;(c) provide for grant of permit for scientific research; (d) make provisions relating to cites so as to control illegal international trade in wild life;(e) increase the punishment for offences under the act; (f) make provision considering certain activities as non prohibitive under section29 of the act, such as, grazing or movement of livestock, bona fide use of drinking and household water by local communities, etc;(g) provide for protection of hunting rights of the scheduled tribes in the union territory of andaman and nicobar islands;(h) insert a new schedule vii to the act so as to include the appendices listing out flora and fauna for purposes of regulation of international trade under cites;(i) make certain consequential and other amendments to the act5 the notes on clauses explain in detail various provisions contained in the bill 6 the bill seeks to achieve the above objectivesnew delhi;the 31st january, 2013clause 2—this clause seeks to amend section 2 of the wild life (protection) act,1972 (hereinafter referred to as the principal act) which relates to definitionsclause 3—this clause seeks to amend sub-section (3) of section 5b of the act which relates to standing committee of the national board for wildlifeit is proposed to provide that rules may be made prescribing the terms and conditions of committees, sub-committees or study groups to be constituted, by the national board in discharge of functions assigned to itclause 4—this clause seeks to insert new section 9a which relates to prohibition on animal trapsit provides that no person shall manufacture, sell, purchase, keep, transport or use any animal trap except with prior permission given in writing by the chief wild life warden for educational and scientific purposesit further provides that every person, who possesses any animal trap on the date of commencement of the proposed legislation, shall within sixty days from such commencement, shall make declarations to that effectit also provides that the chief wild life warden may purposes, then person to possess such trap subject to conditionsit also provides that all declared animal traps, of which permission has not been granted shall become the property of the state government in the prosecution for any offence under the proposed section, it shall be presumed that a person in possession of animal trap is in unlawful possession of such trapclause 5—this clause seeks to insert a new section 12a which relates to grant of permit for scientific researchit provides that notwithstanding anything contained in the act, the chief wildlife warden, shall grant a permit to any person to conduct scientific research subject to such conditions and in suchit further provides for the central government to prescribe in respect of certain matters clause 6—this clause seeks to amend section 18 of the act relating to declaration of sanctuaryit provides that the state government shall declare its intention to constitute any area which falls under the scheduled areas as a sanctuary in consultation with the gram sabha concernedclause 7—this clause seeks to amend section 22 of the principal act which relates to inquiry by the collectorit provides that the collector claims and rights shall ascertain the same from the records of the state government and of the gram sabha and the evidence of any person acquainted with such rightsclause 8— this clause seeks to amend section 28 of the principal act which relates to grant of permitit proposes to grant permit for documentary film-making also without making any change in habitat or causing any adverse impact to it or wildlife"clause 9—this clause seeks to substitute the existing explanation to section 29 of the principal act which relates to destruction, etc, in sanctuary prohibited without a permitit proposes to include the reference of section 11, 12 and clause (c) of sub-section (2)of section 24 for the purposes enhancing the scope of the explanationclause 10—this clause seeks to amend section 32 of the principal act which relates to ban on use of injurious substancesit proposes to include other substances or equipment with a view to ban carrying of injurious equipments inside the sanctuaryclause 11—this clause seeks to amend section 33 of the principal act which relates to control of sanctuariesit proposes that the chief wild life warden shall control, manage and maintain all sanctuaries in accordance with the management plan prepared as per guidelines issued by the central government and also to include government lodges within the purview of clause (a) thereofclause 12—this clause seeks to amend section 35 of the principal act which relates to declaration of national parksit proposes to insert a new proviso to sub-section (1) of the aforesaid section to provide that the state government shall declare its intention to constitute any area which falls under the scheduled areas as a national park in consultation with the gram sabha concernedit further proposes to insert a new sub-section (2a) to provide that the notification under sub-section (1) shall include relevant details of forests (including forest compartment number) and revenue records pertaining to the area proposed to be declared as a national parkclause 13—this clause seeks to amend section 36d of the principal act which relates to community reserve management committeeit proposes to reduce the representatives from five to three to be nominated by the village panchayats, etcit further proposes to insert a new sub-section (2a) which provides that where a community reserve is declared on private land under sub-section (1) of section 36c, the community reserve management committee shall consist of the owner of the land along with a representative of the state forests or wildlife department under whose jurisdiction the community reserve is locatedclause 14—this clause seeks to amend section 38 of the principal act which relates to power of the central government to declare areas as sanctuaries or national parksit proposes to insert a new proviso to sub-section (2) of the aforesaid section to provide that the state government shall declare its intention to constitute any area which falls under the scheduled areas as a national park in consultation with the gram sabha concernedclause 15—this clause seeks to amend section 38c of the principal act which relates to functions of the central zoo authorityit proposes to insert a new clause (aa) which enables the authority to supervise the overall functioning of the zoos and authorise the concerned chief wild life warden to supervise the zooclause 16—this clause seeks to amend section 38j of the principal act which relates to prohibition of teasing, etc, in a zooit proposes to confer power upon the central zoo authority to issue guidelines in this regardclause 17—this clause seeks to amend section 38l of the principal act which relates to constitution of national tiger conservation authorityit proposes to substitute clauses (1) and (m) of sub-section (2) include officers of the national commission of scheduled tribes and national commission for the scheduled castes of officers authorised by themclause 18—this clause seeks to amend section 38-o of the principal act which relates to powers and functions of tiger conservation authorityit proposes to enable the authority to make grants to the state government for implementation of tiger conservation plansclause 19—this clause seeks to insert a new section 38xa which provides that the provisions contained in chapter ivb shall be in addition to, and not in derogation of, the provisions relating to the sanctuaries and national parks (whether included and declared, or are in the process of being so declared) included in a tiger reserve under the principal actclause 20—this clause seeks to amend the heading of chapter ivc of the principal act with respect to the nomination of the wild life crime control bureauclause 21—this clause seeks to substitute section 38y of the principal act which relates to constitution of wild life crime control bureau and also to the change of name of the wild life crime control bureauclause 22—this clause seeks to amend section 39 of the principal act relating to wild animals, etc, to be government propertyit proposes to amend sub-section (1) of the aforesaid section so as to include specified plant picked, uprooted, kept, damaged or destroyed, dealt with or sold under section 17a within the scope of the said sub-section (1)it further proposes to insert a new sub-section (4) to provide that where government property is alive animal and it cannot be released to its natural habitat, the state government shall ensure that it is housed and cared for by a recognised zoo or rescue centreclause 23—this clause seeks to insert new chapter vb in the principal act for regulation of international trade in endangered species of wild fauna and florathe proposed new section 49d seeks to inter alia, define the words and expression for the purposes of the proposed new chapterthe proposed new section 49e provides for application of the provisions of the proposed chapter to animal and plant species listed in schedule vii and exotic speciesthe proposed new section 49f makes provision of management authority and other officersit further provides that the central government may designate an officer not below the rank of additional director general of forests as the management authority for discharging functions and exercising powers under the proposed legislationit also provides that the management authority shall be responsible for issuance of permits and certificates regulating the import, export and re-export of any scheduled specimen, submission of reports and other functions as required under the proposed chapter and he shall, on the advice of the scientific authority, notify the exotic species of animals and plants not covered by the convention and prepare and submit annual and biennial reports to the central governmentit also provides that the central government may appoint officers and employees to assist the management authority in discharging his functions or exercising powersit also enables the management authority to delegate the functions or powers [except the power to notify exotic species under sub-section (3)], to the officers not below the rank of assistant inspector general of foreststhe proposed new section 49g provides for powers of management authority it provides that the management authority shall, while discharging the functions or exercising powers ensure certain matters specified thereinthe proposed new section 49h provides for scientific authorities it provides that the central government may designate one or more institutes established by it and engaged in research in wildlife, as the scientific authority for the purposes of the proposed chapterit further provides that the designated scientific authority shall advise the management authority in such matters as may be referred to it by the management authorityit also provides that the scientific authority, while advising the management authority shall be guided by the principles specified therein and the scientific authority shall monitor the export permits granted by the management authority for specimens of species included in appendix ii to schedule viiit also provides that it shall be the duty of the scientific authority to identify and inform the management authority of exotic species of animals and plants which are not covered by schedule vii and require regulation thereof (i) to protect the indigenous gene pool of the wildlife found in india; (ii) to avoid threat to the wildlife or ecosystems of india as such species are invasive in nature; (iii) to protect such species as they, in the opinion of the scientific authority, are critically endangered in the habitats in which they occur naturallythe proposed new section 49-i provides that the management authority and the scientific authority, while performing their duties and exercising powers, shall be subject to such general or special directions, as the central government may, from time to time, give in writingthe proposed new section 49j provides for constitution of a co-ordination committee for the purpose of ensuring co-ordination between the management authority and scientific authority, state chief wildlife wardens and other enforcement authorities or agencies dealing with trade in wild lifethe proposed new section 49k provides that no person shall enter into any international trade in scheduled specimens included in appendix i to schedule viiit further provides that no person shall enter into any trade in any scheduled specimen except in accordance with the certificate granted by the management authority or the officer authorised by him in such manner as may be prescribedit also provides that every person trading in any scheduled specimen shall report the details of the scheduled specimen and the transaction to the management authority or the officer authorised by him in such manner as may be prescribedit also provides that every person, desirous of trading in a scheduled specimen, shall present it for clearance to the management authority or the officer authorised by him or a customs officer only at the ports of exit and entry specified thereofthe proposed new section 49l provides that every person possessing an exotic species or scheduled specimen shall report the details of such specimen or specimens to the management authority or the officer authorised by him within such period and in such manner as may be prescribedit further provides that the management authority or the officer authorised by him may, on being satisfied that any exotic species or scheduled specimen was in possession of a person being the owner prior to the date of coming into force of the proposed legislation and the rules made thereunder, or was obtained, in conformity with the convention, register the details of such scheduled specimen or exotic species and issue a registration certificate in the prescribed manner allowing the owner to retain such specimenit also provides that any person who transfers possession of any scheduled specimen or exotic species shall report the details of such transfer to the management authority or the officer authorised by it in such form and within such period and in such manner as may be prescribed and the management authority or the officer authorised by him shall register all transfers of scheduled specimens or exotic species and issue the transferee with a registration certificate in such manner as may be prescribedit also provides that any person in possession of any live scheduled specimen or exotic species which bears any offspring shall report the birth of such offspring to the management authority or the officer authorised by him in such form and within such period and in such manner as may be prescribedit also provides that the management authority or the officer authorised by it shall on receipt of the report, register any offspring born to any scheduled specimen or exotic species and issue the owner with a registration certificate in such manner as may be prescribedit also provides that no person shall possess, transfer or breed any scheduled specimen or exotic species except in conformity with this section and the rules made thereunder; and the owner of an exotic species or scheduled specimen shall take all necessary precautions to ensure that it does not contaminate the indigenous gene pool of the wildlife found in the country in any mannerthe proposed new section 49m provides for registration of persons engaged in breeding or artificially propagating specimen of schedule vii it provides that every person who is engaged in the breeding in captivity or artificially propagating any scheduled specimen listed in appendix i of schedule vii shall make an application for registration to the conservator of forest (wildlife) within a period of ninety days of the commencement of the proposed legislationit further provides that the form of application to be made to the conservator of forest(wildlife) under sub-section (1), the particulars to be contained in such application form, the manner in which such application shall be made, the fee payable thereon, the form of certificate of registration, the procedure to be followed in granting or cancelling the certificate of registration shall be such as may be prescribedthe proposed new section 49n provides for registration and issue of certificate of registrationit further provides that if the conservator of forest (wildlife) is not satisfied that the provisions of the act and rules made thereunder are complied with or if a false particular is furnished, he may refuse or cancel the registration as the case may beit also provides that the certificate of registration shall be issued for a period of two years and may be renewed after two years on payment of such fee as may be prescribedit also provides that any person aggrieved by the refusal of the conservator of forest(wildlife) or cancellation of registration may prefer an appeal to the chief wildlife wardenthe proposed new section 49-o provides for prohibition of erasing of a mark of identification it provides that no person shall alter, deface, erase or remove a mark of identification affixed upon the exotic species or scheduled specimen or its packagethe proposed new section 49p provides that exotic species of scheduled specimen to be government propertyit further provides that the provisions of section 39 shall, so far as may be, apply in relation to the exotic species or scheduled specimen as they apply in relation to wild animals and animals articles referred to in sub-section (1) of that sectionit also provides that where specimen referred to in sub-section (2) is a live animal, the state government shall ensure that it is housed and cared for by a recognised zoo or rescue centre in case it cannot be released to its natural habitatclause 24—this clause seeks to amend section 50 of the principal act which relate to power of entry, search, arrest and detention it seeks to confer power of entry, search, arrest and detention on any officer authorised by the management authority or any customs officer not below the rank of an inspector or any officer of the coast guard not below the rank of an assistant commandantit further seeks to insert a new sub-section (10) which provides that during any inquiry or trial of an offence under the act, where it appears to the judge or magistrate that there is prima facie case that any property including vehicles and vessels, seized under clause (c) of sub-section (1) was involved in any way in the commission of an offence under the act, the judge or magistrate shall not order for the return of such property to its rightful owner until the conclusion of the trial of the offence notwithstanding anything contained in section 451 of the code of criminal procedureclause 25—this clause seeks to insert new section 50a and 50b the proposed new section 50a provides for power to undertake delivery it provides that the director wildlife crime control bureau or any other officer authorised by him, may, undertake control of delivery of any consignment to—(a) any destination in india, (b) a foreign country, in consultation with the competent authority of such foreign country to which a consignment is destined, in such manner as may be prescribedthe proposed new section 50b provides that the police to take charge of articles seized and delivered it provides that an officer-in-charge of a police station as and when so requested in writing by an officer mentioned in sub-section (1) of section 50, shall take charge of and keep in safe custody, pending the order of the magistrate, all articles seized under the actit further provides that the officer-in-charge may allow any officer to accompany such articles to the police station or who may be deputed, to affix his seal to such articles or to take samples of and from them and all samples so taken shall also be sealed with a seal of the officer-in-charge of the police stationit also provides that without prejudice to the provisions contained in the code of criminal procedure, 1973 or any other law for the time being in force, the central government may, by rules, specify the manner of dealing with the articles forwarded to the police officer under sub-section (1)clause 26—this clause seeks to substitute sections 51 and 51a of the principal act relating to penalties and certain conditions to apply while granting bail it provides that any person who contravenes any provision of the act or any rule or order made thereunder, or terms and conditions of any licence or permit granted under the act, shall be guilty of an offence and shall, on conviction, be liable to be punished in the manner specified under sub-sections (2) to (7)it further provides that where the offence relates to any animal specified in schedule ior part ii of schedule ii or the meat of such animal or animal article, trophy, or uncured trophy derived from such animal, such offence shall be punishable with imprisonment for a term which shall not be less than five years but may extend to seven years and also with fine which shall not be less than one lakh rupees but may extend to twenty-five lakh rupees and in the case of a second or subsequent offence, of the nature mentioned in this sub-section, the term of imprisonment shall not be less than seven years and also with fine which shall not be less than five lakh rupees but may extend to fifty lakh rupeesit also provides that where the offence relates to the sale or purchase or transfer or offer for sale or trade of any animal specified in schedule i or part ii of schedule ii or the meat of such animal or animal article, trophy, or uncured trophy derived from such animal or any violation of chapter va, shall be punishable with imprisonment for a term which shall not be less than seven years and also with fine which shall not be less than fifteen lakh rupees and in the case of a second or subsequent offence, of the nature mentioned in this sub-section, the term of imprisonment shall not be less than seven years and also with fine which shall not be less than thirty lakh rupeesit also provides that where the offence relates to the sale or purchase or transfer or offer for sale or trade of any animal specified in part i of schedule ii, schedule iii and schedule iv, or the meat of such animal or animal article, trophy, or uncured trophy derived from such animal, such offence shall be punishable with imprisonment for a term which may extend to three years or with fine which may extend to one lakh rupees or with both and in case of a second or subsequent offence of the nature mentioned in this sub-section, the term of imprisonment which may extend to five years or with fine which may extend to three lakh rupees or with bothit also provides that where the offence relates to hunting in a sanctuary or a national park or altering the boundaries of a sanctuary or a national park, such offence shall be punishable with imprisonment for a term which shall not be less than five years but may extend to seven years and also with fine which shall not be less than five lakh rupees but may extend to twenty-five lakh rupees and in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of imprisonment shall not be less than seven years and also with fine which shall not be less than thirty lakh rupeesit also provides that where the offence relates to hunting in a tiger reserve or altering the boundaries of a tiger reserve, such offence shall be punishable with imprisonment for a term which shall not be less than seven years and also with fine which shall not be less than five lakh rupees but may extend to thirty lakh rupees and in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of imprisonment shall not be less than seven years and also with fine which shall not be less than fifty lakh rupeesit also provides that where the offence relates to contravention of the provisions of section 38j, such offence shall be punishable with imprisonment for a term which may extend to six months or with a fine which may extend to five thousand rupees or with both and in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of imprisonment may extend to one year or with fine which may extend to ten thousand rupees or with boththe proposed new section 51a provides for other offences it provides that where the offence relates to contravention of any other provision of the act or any rule or order made thereunder, or the breach of any of the terms and conditions of any licence or permit granted under this act, such offence shall be punishable with imprisonment for a term which may extend to three years and also with fine which may extend to twenty-five thousand rupees and in the case of a second or subsequent offence of the nature mentioned in this subsection, the term of imprisonment shall not be less than three years but may extend to five years and also with fine which shall not be less than fifty thousand rupeesit further provides that when any person is convicted of an offence against this act, the court trying the offence may order that any captive animal, wild animal, animal article, trophy, uncured trophy, meat, ivory imported into india or an article made from such ivory, any specified plant, or part or derivative thereof in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the state government and that any licence or permit, held by such person under this act, be cancelled and such cancellation of licence or permit or forfeiture shall be in addition to any punishment that may be awarded for such offenceit also provides that where any person is convicted of an offence under the act, the court may direct that the licence, if any, granted to such person under the arms act, 1959, for possession of any arm with which an offence under the act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the arms act, 1959 for a period of five years from the date of convictionit also provides that nothing contained in section 360 of the code of criminal procedure,1973 or in the probation of offenders act, 1958 shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a national park or of an offence against any provision of chapter va unless such person is under eighteen years of agethe proposed new section 51b provides for certain conditions to apply while granting bail it provides that every offence punishable with a term of imprisonment for three years or more under the act shall be cognizable offence and no person accused of an offence under sub-sections (1), (2), (3), (5) and (6) of section 51 shall be released on bail or on his own bond unless the public prosecutor has been given the opportunity to oppose the application for such releaseclause 27—this clause seeks to amend section 55 of the principal act which relates to cognizance of offenceit proposes to insert a new clause (ad) so as to include the management authority or any officer, including an officer of the wildlife crime control bureau, authorised in this behalf by the central government within the scope of the aforesaid section for the purpose of making complaint of any offence under the actit further proposes to insert a proviso to provide that a court may also take cognizance of any offence under this act without the accused being committed to trial, upon perusal of a police report under section 173 of the code of criminal procedure, 1973 of the facts constituting an offence under the actclause 28—this clause seeks to amend section 61 of the principal act which relates to power to alter entries in scheduleit proposes to amend sub-section (1) so as to exclude schedule vii from the purview of the said sub-sectionit further proposes to insert a new sub-section to confer power upon the central government to add or omit or amend the entries in any of the schedules to respond to area or site specific requirements of each state in consultation with concerned state governmentit also provides that the central government may amend, vary or modify schedule viiin consultation with the management authority and the scientific authorityit also provides that nothing contained in this chapter and schedule vii, shall affect anything contained in other provisions of the act and the schedules i to vi (both inclusive)it also provides that every notification issued under this section shall be laid, as soon as may be after it is issued, before each house of parliamentclause 29—this clause seeks to amend section 63 of the principal act which relates to power of central government to make rulesit proposes to include the matters under the proposed legislation in respect of which the central government may make rulesclause 30—this clause seeks to substitute section 65 of the principal act which relates to right of scheduled tribes to be protectedit provides that nothing in the act shall affect the right of any scheduled tribes of the andaman islands and the nicobar islands in the union territory of andaman and nicobar islands as notified by the andaman and nicobar administrationclause 31—this clause seeks to insert a new schedule vii to include the species as listed in the appendices of convention on international trade in endangered species of wild fauna and flora financial memorandumclause 23 of the bill seeks to insert a new chapter vb in the wild life (protection) act,1972 so as to provide for the provisions under the convention on international trade in endangered species of wild fauna and flora the proposed new section 49f provides that the central government may designate an officer not below the rank of additional director general of forests as the management authority for discharging functions and exercising powers under the act sub-section (5) thereof provides that the central government may appoint such officers and employees as may be necessary to assist the management authority in discharging its functions or exercising the powers under the proposed new chapter, on such terms and conditions of service including salaries and allowances as may be prescribed the salaries and allowances of the officers and employees to be appointed shall be met from the sanctioned budget of the central government under the plan scheme "strengthening of wild life division consultancies for special tasks"2 the bill, if enacted and brought into operation, is not likely to involve any other expenditure of recurring or non-recurring nature from and out of the consolidated fund of india memorandum regarding delegated legislationclause 30 of the bill seeks to amend section 63 of the wild life (protection) act, 1972which confers power upon the central government to make rules the matters on which rules may be made, inter alia, relate to— (a) the rules, standards or procedures and any other matter pertaining to scientific research; (b) any matter relating to animal traps; (c) terms and conditions of the committee, sub-committees or study groups under sub-section (3) of section 5b; (d) terms and conditions of the committees under section 8a; (e) the terms and conditions of service including salaries and allowances of the officers and employees of the management authority under sub-section (5) of section 49f; (f) the rules of procedure for transaction of business at meetings of the co-ordination committee including quorum under sub-section (2) of section 49j; (g) the manner of granting permits for possessing or trading in scheduled specimens under sub-section (2) of section 49k; and the manner of furnishing reports of such specimens to the management authority under sub-section (3) of section 49k; (h) the rules to regulate breeding in captivity or artificially propagating specimens listed in appendix i of schedule vii; (i) any matter referred to in section 49l; (j) any other matter relating to scheduled specimens or exotic species; (k) rules on any matter not specifically specified2 the rules made by the central government under section 63 of the act, shall have to be laid, as soon as they are made, before each house of parliament3 the matters in respect of which rules may be made are matters of procedure or administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the wild life (protection) act, 1972 (53 of 1972) definitions2 in this act, unless the context otherwise requires,— (15) "habitat" includes land, water or vegetation which is the natural home of any wild animal;(16) "hunting" with its grammatical variations and cognate expressions, includes,— (b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive animal and every attempt to do so; (24) "person" includes a firm; (31) "trophy" means the whole or any part of any captive animal or wild animal, other than vermin, which has been kept or preserved by any means, whether artificial or natural, and includes— (b) antler, bone, carapace, shell, horn rhinoceros horn, hair, feather, nail, tooth, tusk, musk, eggs, nests and honeycomb; (35) "weapon" includes ammunition, bows and arrows, explosives, firearms, hooks, knives, nets, poison, snares and traps and any instrument or apparatus capable of anaesthetizing, decoying, destroying, injuring or killing an animal;(36) "wild animal" means any animal specified in schedules i to iv and found wild in nature; (39) "zoo" means an establishment, whether stationary or mobile, where captive animals are kept for exhibition to the public and includes a circus and rescue centres but does not include an establishment of a licensed dealer in captive animals 5b (1) standing committee of the national board(3) the national board may constitute committees, sub-committees or study groups, as may be necessary, from time to time in proper discharge of the functions assigned to it inquiry by collector22 the collector shall, after service of the prescribed notice upon the claimant, expeditiously inquire into—(a) the claim preferred before him under clause (b) of section 21, and(b) the existence of any right mentioned in section 19 and not claimed under clause (b) of section 21, so far as the same may be ascertainable from the records of the state government and the evidence of any person acquainted with the same| | | | | ||------|------|------|------|-----|grant of permit28 (1) the chief wild life warden may, on application, grant to any person a permit to enter or reside in a sanctuary for all or any of the following purposes, namely:—| | | | | ||------|------|------|------|-----|(b) photography;| ||--------------|| destruction, || etc, in a || sanctuary || prohibited || without a || permit |29 no person shall destroy, exploit or remove any wild life including forest produce from a sanctuary or destroy or damage or divert the habitat of any wild animal by any act whatsoever or divert, stop or enhance the flow of water into or outside the sanctuary, except under and in accordance with a permit granted by the chief wild life warden, and no such permit shall be granted unless the state government being satisfied in consultation with the board that such removal of wild life from the sanctuary or the change in the flow of water into or outside the sanctuary is necessary for the improvement and better management of wild life therein, authorises the issue of such permit:provided that where the forest produce is removed from a sanctuary the same may be used for meeting the personal bona fide needs of the people living in and around the sanctuary and shall not be used for any commercial purposeexplanation—for the purposes of this section, grazing or movement of livestock permitted under clause (d) of section 33 shall not be deemed to be an act prohibited under this section| | | | | ||------|------|------|------|-----|32 no person shall use, in a sanctuary, chemicals, explosives or any other substances which may cause injury to, or endanger, any wild life in such sanctuaryban on use of injurious substancescontrol of sanctuaries33 the chief wild life warden shall be the authority who shall control, manage and maintain all sanctuaries and for that purpose, within the limits of any sanctuary,—(a) may construct such roads, bridges, buildings, fences or barrier gates, and carry out such other works as he may consider necessary for the purposes of such sanctuary: provided that no construction of commercial tourist lodges, hotels, zoos and safari parks shall be undertaken inside a sanctuary except with the prior approval of the national board| | | | | ||------|------|------|------|-----| national parksdeclaration of national parks35 (1) whenever it appears to the state government that an area, whether within a sanctuary or not, is, by reason of its ecological, faunal, floral, geomorphological or zoological association or importance, needed to be constituted as a national park for the purpose of protecting, propagating or developing wild life therein or its environment, it may, by notification, declare its intention to constitute such area as a national park:provided that where any part of the territorial waters is proposed to be included in such national park, the provisions of section 26a shall, as far as may be, apply in relation to the declaration of a national park as they apply in relation to the declaration of a sanctuary(2) the notification referred to in sub-section (1) shall define the limits of the area which is intended to be declared as a national park| | | | | ||------|------|------|------|-----|(8) the provisions of sections 27 and 28, sections 30 to 32 (both inclusive), and clauses (a), (b) and (c) of section 33, section 33a and section 34 shall, as far as may be apply in relation to a national park as they apply in relation to a sanctuaryexplanation—for the purposes of this section, in case of an area, where within a sancutary or not, where the rights have been extinguished and the land has become vested in the state government under any act or otherwise such area may be notified by it, by a notification, as a national park and the proceedings under sections 19 to 26 (both inclusive) and the provisions of sub-sections (3) and (4) of this section shall not apply 36d (1) community reserve management committee(2) the committee shall consist of five representatives nominated by the village panchayat or where such panchayat does not exist by the members of the gram sabha and one representative of the state forests or wild life department under whose jurisdiction the community reserve is located 38l (1) (2) the tiger conservation authority shall consist of the following members, namely:—constitution of national tiger conservation authority (l) chairperson, national commission for the scheduled tribes; (m) chairperson, national commission for the scheduled castes; 38-o (1) the tiger conservation authority shall have the following powers and perform the following functions, namely:—powers and functions of tiger conservation authority(a) to approve the tiger conservation plan prepared by the state government under sub-section (3) of section 38v of this act; chapter ivc tiger and other endangered species crime control bureau38y the central government may, for the purposes of this act, by order published in the official gazette, constitute a tiger and other endangered species crime control bureau to be known as the wildlife crime control bureau consisting of—(a) the director of wildlife preservation—director ex officio;constitution of tiger and other endangered species crime control bureau(b) the inspector-general of police—additional director; (c) the deputy inspector-general of police—joint director; (d) the deputy inspector-general of forests—joint director; (e) the additional commissioner (customs and central excise)—joint director;and(f) such other officers as may be appointed from amongst the officers covered under sections 3 and 4 of this act chapter v trade or commerce in wild animals, animal articles and trophies39 (1) every—wild animals, etc, to be government property(a) wild animal, other than vermin, which is hunted under section 11 or subsection (1) of section 29 or sub-section (6) of section 35 or kept or bred in captivity or hunted in contravention of any provision of this act or any rule or order made thereunder or found dead, or killed by mistake; and chapter vi prevention and detection of offencespower of entry, search arrest and detention50 (1) nothwithstanding anything contained in any other law for the time being in force, the director or any other officer authorised by him in this behalf or the chief wild life warden or the authorised officer or any forest officer or any police officer not below the rank of a sub-inspector, may, if he has reasonable grounds for believing that any person has committed an offence against this act,—(a) require any such person to produce for inspection any captive animal, wild animal, animal article, meat, trophy, uncured trophy, specified plant or part or derivative thereof in his control, custody or possession, or any licence, permit or other document granted to him or required to be kept by him under the provisions of this act;(b) stop any vehicle or vessel in order to conduct search or inquiry or enter upon and search any premises, land, vehicle or vessel, in the occupation of such person, and open and search any baggage or other things in his possession;(c) seize any captive animal, wild animal, animal article, meat, trophy or uncured trophy, or any specified plant or part or derivative thereof, in respect of which an offence against this act appears to have been committed, in the possession of any person together with any trap, tool, vehicle, vessel or weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any charge which may be preferred against him, arrest him without warrant, and detain him: provided that where a fisherman, residing within ten kilometres of a sanctuary or national park, inadvertently enters on a boat, not used for commercial fishing, in the territorial waters in that sanctuary or national park, a fishing tackle or net on such boat shall not be seized penalties51 (1) any person who contravenes any provision of this act except chapter va andsection 38j or any rule or order made thereunder or who commits a breach of any of the conditions of any licence or permit granted under this act, shall be guilty of an offence against this act, and shall, on conviction, be punishable with imprisonment for a term which may extend to three years or with fine which may extend to twenty-five thousand rupees or with both:provided that where the offence committed is in relation to any animal specified inschedule i or part ii of schedule ii or meat of any such animal or animal article, trophy or uncured trophy derived from such animal or where the offence relates to hunting in a sanctuary or a national park or altering the boundaries of a sanctuary or a national park, such offence shall be punishable with imprisonment for a term which shall not be less than three years but may extend to seven years and also with fine which shall not be less than ten thousand rupees:provided further that in the case of a second or subsequent offence of the nature mentioned in this sub-section, the term of imprisonment shall not be less than three years but may extend to seven years and also with fine which shall not be less than twenty-five thousand rupees(1a) any person who contravenes any provisions of chapter va, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to seven years and also with fine which shall not be less than ten thousand rupees(1b) any person who contravenes the provisions of section 38j shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both:provided that in the case of a second or subsequent offence, the term of imprisonment may extend to one year or the fine which may extend to five thousand rupees(1c) any person, who commits an offence in relation to the core area of a tiger reserve or where the offence relate to hunting in the tiger reserve or altering the boundaries of the tiger reserve, such offence shall be punishable on first conviction with imprisonment for a term which shall not be less than three years but may extend to seven years, and also with fine which shall not be less than fifty thousand rupees but may extend to two lakh rupees; and in the event of a second or subsequent conviction with imprisonment for a term of not less than seven years and also with fine which shall not be less than five lakh rupees but may extend to fifty lakh rupees(1d) whoever, abets any offence punishable under sub-section (1c) shall, if the act abetted is committed in consequence of the abetment, be punishable with the punishment provided for that offence(2) when any person is convicted of an offence against this act, the court trying the offence may order that any captive animal, wild animal, animal article, trophy, uncured trophy, meat, ivory imported into india or an article made from such ivory, any specified plant, or part or derivative thereof in respect of which the offence has been committed, and any trap, tool, vehicle, vessel or weapon, used in the commission of the said offence be forfeited to the state government and that any licence or permit, held by such person under the provisions of this act, be cancelled(3) such cancellation of licence or permit or such forfeiture shall be in addition to any other punishment that may be awarded for such offence54 of 1959(4) where any person is convicted of an offence against this act, the court may direct that the licence, if any, granted to such person under the arms act, 1959, for possession of any arm with which an offence against this act has been committed, shall be cancelled and that such person shall not be eligible for a licence under the arms act, 1959, for a period of five years from the date of conviction2 of 1974 20 of 1958(5) nothing contained in section 360 of the code of criminal procedure, 1973 or in theprobation of offenders act, 1958 shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a national park or of an offence against any provision of chapter va unless such person is under eighteen years of agecertain conditions to apply while granting bail2 of 197451a when any person accused of, the commission of any offence relating toschedule i or part ii of schedule ii or offences relating to hunting inside the boundaries of national park or wild life sanctuary or altering the boundaries of such parks and sanctuaries, is arrested under the provisions of the act, then notwithstanding anything contained in the code of criminal procedure, 1973 no such person who had been previously convicted of an offence under this act shall, be released on bail unless—(a) the public prosecutor has been given an opportunity of opposing the release on bail; and(b) where the public procecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail cognizance of offences55 no court shall take cognizance of any offence against this act on the complaint of any person other than—(a) the director of wild life preservation or any other officer authorised in this behalf by the central government; or(aa) the member-secretary, central zoo authority in matters relating to violation of the provisions of chapter iva; or(ab) member-secretary, tiger conservation authority; or (ac) director of the concerned tiger reserve; or (b) the chief wild life warden, or any other officer authorised in this behalf by the state government subject to such conditions as may be specified by that government; or(bb) the officer-in-charge of the zoo in respect of violation of provisions of section 38j; or(c) any person who has given notice of not less than sixty days, in the manner prescribed, of the alleged offence and of his intention to make a complaint to the central government or the state government or the officer authorised as aforesaid| | | | | ||------|------|------|------|-----|power to alter entries in schedules61 (1) the central government may, if it is of opinion that it is expedient so to do, by notification, add or delete any entry to or from any schedule or transfer any entry from one part of a schedule to another part of the same schedule or from one schedule to another| | | | | ||------|------|------|------|-----|rights of scheduled tribes to be protected65 nothing in this act shall affect the hunting rights conferred on the scheduled tribes of the nicobar islands in the union territory of andaman and nicobar islands by notification of the andaman and nicobar administration, no 40/67/f, no g 635, vol iii, dated the 28th april, 1967, published at pages 1 to 5 of the extraordinary issue of the andaman and nicobar gazette, dated the 28th april, 1967| | | | | ||------|------|------|------|-----| rajya sabha———— a billfurther to amend the wild life (protection) act, 1972————[shrimati jayanthi natarajan, minister of state (independent charge)in the ministry of environment and forests]

Parliament_bills

f15ea33f-698f-5350-959a-85401cbcc46f

the estate duty (amendment) bill, 1958(as introduced in lox samia) the estatelduty(amendment) bill, 1958 (as introduced in lok sabhta) a bill further to amend the estate duty act, 1953be it enacted by parliament in the ninth year of the republic of india as follows:-1 (1) this act may be called th'e estate duty (amendment) act, short title 1958 ::n: s (2) it shall come into force on the 1st day of april, 1958 34 or 19'3· 2 in section 2 of the estate duty act, 1953 (hereinafter referred amendmedt to as the principal act),-ollec'tioil a (a) after clause (1), the following clauses shall be inserted, namely:-10 '(1a) "appellate controller" means a person appointed ii of 1922 ,15 to be an appellate controller of est~te duty under section 4; (1b) "appellate tribunal" means the appellate tribunal appointed under section 5a of the indian income-tax act, 1~22;'; (b) after clause (12), the following clause shall be inserted, namely:-'(12a) "person accountable" or "accountable person" means the person accountable for estate duty within the meaing of this act;'; (c) after clause (14), the following clause shall be inserted, namely:--'(14a) "principal officer", in relation to a company or a corporation established by a central, state or provincial amendment of eection 4· act, means the manager, m 'naging direclor, managing agent or secretary, and includes any person connected with the management of the company or corporation upon whom the controller has served a notice of his intention of treating him as the principal officer for the purposes of this 5 act;' 3 in section 4 of the principal act,-(a) in sub-section (1), after clause (b), the following clause shall be inserted, namely:-"(bb) appellate controllers of estate duty,"; 10 (b) after sub-section (2), the following sub-section shall be inserted, namely:-"(2a) the central government may appoint as many appellate controllers of estate duty as it thinks fit and they shall, subject to the control of the board, perform their is functions in respect of such estates or classes of estates or such areas as the board may direct, and where such directions have assigned to two or more appellate controllers the same estate or classes of, estate or the same area, they shall perform their functions in accordance with any orders 20 which the board may make for the distribution and allocation of the work to be performed"; ,(c) to sub-section (5), the following proviso shall be added, namely:-"provided that no such orders, instructions or directions 2s shall be given by the board so as to interfere with the discretion of the appellate controller of estate duty in the exercise of his appellate functions" t in section 9 of the principal act,- amendment of section 9(a) in sub-section (1), for the words "two years", the words 30 "five years" shall ,be substituted; (b) for sub-section (2), the following sub-section shall be substituted, namely:-"(2) the provisions of sub-section (1) shall not apply to-35 (a) gifts made in consideration ot marriage, subject to a maximum of,rupees ten thousand in value; (b) gifts which are proved to the satisfaction of the controller to have been part of the normal expenditure of the deceased, subject to a maximum of rupees ten 40 thousand in value" •• in section 10 of the principal act, in the proviso, for the worda amen~ent of seetlod "two years", the words "five years" shall be substituted 10 6 in section 11 of the principal act, in sub-section (2), for the amendment words "two years", in both the places where they occur, the words ~~aectiod 5 "five years" shall be substituted 7 in section 12 of the principal act, in the proviso to sub-section amen~ent (1), for the words "two years", the words "five years" shall be ~ seetlon substituted 8 in section 16 of the prmcipal act, in clause (a) of sub-section amendment 10 (2), for the words "otherwise than for full consideration", the ~i secdod words "notwithstanding that the disposition was made for full consideration" shall be substituted 9 in section 17 of the principal act, in clause (vi) of sub-section amenlf:medt of sec:non (4), for the word "even", the word "event" shall be substltuted 17 15 10 in section 18 of the principal act, the explanation shall be amendment omitted of section 18 20 11 in section 19 of the principal act,-amendment (a) in sub-section (2), for the words "outside the territories ~~8ection to which this act extends", the words "outside india" shall be substituted; 1 ::if 1956 i of r956 (b) in sub-section (4), for the words and figures "section 230 of the indian companies act, 1913 (vii of 1913),' and "section 129 of the indian companies act, 1913,", the following words and figures shall respectively be substituted, namely:-"section 530 of the companies act, 1956" and "section 123 of the companies act, 1956," 12 in part ii, after section 20 of, the principal act, the following insertion, of section shall be inserted, namely:-~: sect10n 30 if of 19zz 35 40 "20a where a company incorporated outside india which duty add carries on busil!ess in india has beea treated for the purposes ~~=i:af of the indian income-tax t\ct, 1922, as resident for two out of inco!pod ri·!~ f h ed' i outll e the three completed assessments or t e years imm late y in certain preceding the date of death of any member of or debenture case • holder in the company, the company shall, within three months of the receipt of intimation of the death of the member or debenture holder, as the case may be, furnish to the controller such particulars as may be prescribed in respect of the interest of the deceased in the company, and the company shall be accountable for the estate duty which shall be levied at the rates mentioned in part ii of the second schedule on the principal value of the shares or debentures held by the deceased in amendment df aection 21 the company except in cases where the deceased was a pefsofl domiciled in india and the person accountable under any of the other provisions of this act has obtained a certificate from the controher showing that either the estate duty in respect thereof has been paid or will be paid or that none is due, as the 5 'case maybe" n in section 21 of the principal act, in sub-"section (1), for the words "outside the territories to which this act extends)' and "the said territories", wherever they occur, the words "outside india" and "india" shall respectively be substituted 10 14 in section 22 of the principal act,-amendmedt rillectiod 22 (a) for the words "two years", the words "five years" shall be substituted; and (b) the proviso shall be omitted amendmedt of icction 37· 15 in section 27 of the principal act, for the word and figure 15 "section 9" in both the p~aces where they occur, the words "this act" shall be substituted 16 in section 33 of the principal act, in sub-section (1),-amendment of lection 33· (a) in clause (a), for the words "under a gift", the words "under one or more gifts" shall be substituted; 20 (b) in clause (b), for th'e words "under a gift" and "two years", the words "under one or more gifts" and "five years" shall respectively be substituted; (c) in clause (k), for the words "rupees five thousand", the words "rupees ten thousand" shall be substituted 25 substitution 17 for section 34 of the principal act, the following section of dew lee- shall be substituted, nan:ely:-tioii·for 1ecti00 u aureadod "34 (1) for the purpose of determining the estate duty to ·be paid on any propertypassing on the death of the deceased,-(a) iii property so passing other than property exempt- 30 ed from estate duty under clauses (c), (d), (e), (i) and, (j) of sub-section (1) of section 33; (b) agricultural land so 'passing, if any, situate in any state not specified in the first schedule; and (c) in the case of property so passing which consists of 35 a coparcenary interest in the joint family property of a hindu family governed by the mitakshara, maromakkattayam or aliyasantana law, also the interests in the joint family property of all the lineal descendants of the deceased member; shall be aggregated so as to form one estate and estate duty' shall be levied thereon at the rate or rates applicable in respect of the principal value thereof (2) where any such estate as is referred to in sub-sectiool (1) includes any property exempt from estate duty, the- estate-10 duty leviable on the property not so ex'empt shall be an amount bearing to the total amount of duty whic~ would have been payable on the whole estate had no part of it been so exempt the same proportion as the value of the property not so exempt bears to the value of the whole estate 15 expzanation-for the purposes of this sub-sectiol1, "property exempt from estate duty" means any property-(i) which is exempt from estate duty under section 33; (ii) any agricultural land situate in any state not specified in the first schedule; 20 (iii) the interests of all coparceners other than the deceased in the joint family property of a hindu family governed by the mitakshara, marumakkattayam or aliyalantana law (3) notwithstanding anythin2 contained in sub-section (1, 25 or sub-section (2), any property passing in which the deceased never had an interest not bein2 a ri2ht or debt or benefit that is treated as property by virtue of the explanations to clause (15) of section 2 shall not be aggregated with any property, but shall be an estate by itself and tpe estate duty shall be 30 levied at the rate or rates applicable in respect of the principal value thereat (4) every estate shall include _all income accrued upon the property included therein down to and outstan4ing at the date of the death of the deceased 35 (5) for the purposes of this section, no property shall be' aggregated more than once nor shall estate duty in respect thereof be levied mot:e than once on the same death" 18 in section 35 of the principal act,-amendment ()f section 35· (a) for sub-section (1), the following sub-section shall be substituted, namely:-"(1) the rates of estate duty shall be as mentioned in the second schedule"; 5 (b) sub-section (2) shall be omitted amendment of section 47· 19 in section 47 of the principal act, for the words "out of the territories to which this act extends" and the words "the said territories" wherever taey occur, the words "out of india" and "india" shall respectively be substituted 10 amendment of sect:on 48 20 in section 48 of the principal act, for the words "out of the territories tn which this act extends", the words "out of india" shall be substituted amendment of section so 21 in section 50 of the principal act, for the words "an amount which is equal to", the words "an amount which is equal to one-hal! 15 of" shall be substituted 22 in part vi, after section 50 of the principll act, the following section shall be inserted, namely:-| insertion ||--------------|| new section || soa || rei:ef from || estate || duly || where gift- || tax || has || been || paid |u50a where tax has been paid under the gift-tax act, 1958, in respect of a gift of any property and the property is also 20 included in the estate of the donor as property passing under this act, then, notwithstandmg anything contained in this act, no duty shall be levied under this act on any such property" 23 in section 53 of the principal act, for sub-section (3), the following sub-section shall be substituted, namely:-25 amendment of section 53· "(3) every person accountable for estate duty under this section shall, within six months of the death of the deceased, deliver to the controller an account in the prescribed form and verified in the prescribed manner of all the prop~rties in respect of which estate duty is payabl,e: 30 provided that the controller may extend the period of six months aforesaid on such terms which may incluae payment ~f interest as may be prescribed," 24 for sections 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65 of the 8fubatitution 0 new secprincipal act, the following sections shall be substituted, namely: -tions for sectiodss6 t065 "56 (1) in all cases in which a grant of representation applied for-5 7 of 1870 is grant of representation, etc, - ~m~ (a) the executor of the deceased shall, to the best of made unless his knowledge and belief, specify in an appropriate account ~r:~~hed annexed to the affidavit of valuation filed in court under to the con-11 troller section 19-1 of the court-fees act, 1870, a the property m respect of which estate duty is payable upon the death of the deceased and shall deliver a copy of the affidavit with the account to the controller, and (b) no order entitling the applicant to the grant of representation shall be made upon his application until he has delivered the account prescribed in clause (a) and has produced a certificate from the controller under sub-section (2) of section 57 or section 67 that the estate duty payable in respect of the property included in the account has been or will be paid, or that none is due, a!'; the case may be (2) in all cases in which a grant of a succession certificate is ~o applied for, a copy of the application shall be furnished by the applicant to the controller and no order entitling the applicant to the grant of such a certificate shall be made upon his application until he has produced a certificate from the controller under sub-section (2) of section 57 or section 67 that the estate duty zs payable in respect of the property mentioned in the application has been or will be paid, or that none is due, as the case may be 30 3s 57 (1) estate duty shall be due from the date of ·the death power t make proof the deceased and the controller may, at any time after the visional receipt of account delivered under section 53 ot section 56, :s~d:~~! proceed to make in a summary manner a provisional assessment of regular of the estate duty payable by the person delivering the account assess:neoi on the basis of the account so delivered (2) upon delivery of the account under section 53 or section 56, the person delivering it shall pay to the controller, or furnish security to the satisfaction of the controller for the payment of, the estate duty if any, payable on th? provisional assessment made under sub-section (1), and the contro'ler shall thereupon f!rant him a certificate that such duty has been or will be paid or that none is due, as the case may be in respect of the property mentioned in the certificate (3) after regular assessment has been made under section 58 any amount paid towards the provisional assessment made under sub-section (1) shall be deemed to have been paid towards ~ the regular assessment (4) no appeal shall lie against a provisional assessment made s under sub-section (1), but nothing done or suffered by reason or in consequence of any such provisional assessment shall prejudice the determination on the merits of any issue which may arise in the course of the regular assessment under section 58 aslesament 58 (1) if the controller is satisfied without requiring the 10 'presence of the person accountable that an account delivered under section 53 or section 56 is correct and complete, he shall assess the principal value of the estate of the deceased and shall determine the amount payable as estate duty (2) if the controller is not so satisfied he shall serve a notice j 5 on the person accountable either to attend in person at his office on a date to be specified in the notice or to produce, or cause to be produced on that date, any evidence on which the person accountable may rely in support of his account (3) the controller, after hearin~ such evidence as the person 20 accountable may produce and s'lch other evidence as he may require on any specified points, shall, by order in writing, asses; the' principal value of the estate of the deceased and determinc' the amount payable as estate duty (4) in any case where no account has been delivered as re- 25 quired by section 53 or section 56, or the person accountable faile; to comply with the terms of the notice served under sub-section (2), the controller shall make the assessment to the best of hie; judgment and determine the amount payable as estate duty 59 if the controller,-property olc8piugu--ment '(a) has reason to believe that by reason of the omission or failure on the part of the person accountable to submit an account of the estate of the deceased under section 53 or section 56 or to disclose fully and truly all material facts necessary for assessment, any property chargeable to estate 35 duty has escaped assessment by reason of under-valuation of the property included in theaccount or of omission to include therein any property which ought tl') have been included ot of assessment at too iowa rate or otherwise or s (b) has, in consequence of any information in his possession, reason to believe notwithstanding that there has not been such omission or failure as is referred to in clause (0) that any property chargeable to estate duty has escaped assessment, whether by reason of undervaluation of the property included in the account or of omission to include therein any property which ought to have been included, or of assessment at too iowa rate or otherwise, 10 he may at any time require the person accountable to submit an account as required under section 53 and may proceed to assess or re-assess such property as if the provisions of section 58 applied thereto is 60 (1) if ijle controller, the appellate controller or the penalty rm appellate tribunal, in the course of any proceedings under this coocealmad act, is satisfied that any person-20 (a) has without reasonable cause failed to furnish the account of the property of the deceased which he is required to furnish under section 53, section 55, section 56 or section 5~ or has without reasonable cause failed to furnish it within the time allowed and in the manner required; or (b) has without reasonable cause failed to comply with a notice under sub-section (2) of section 58; or (c) has concealed the particulars of the property of the deceased or deliberately furnished inaccurate particulars thereof; or (d) being a company referred to in section 20a, fails without reasonable cause, to pay the amount of estate duty due from the company under that section within the time specified in this behalf, 30 he or it may, by order in writin" direct that-such person shall pay by way of penalty-35 (i) in the case referred to in clause (a) or clause (d), in addition to the amount of the estate duty payable by him, a sum of rupees one thousand or a sum equal to double the amount of such duty, whichever is greater; and (ii) in the case referred to in clause (b) or clause (c), in addition to the amount of estate duty payable by him, a sum equal to double the amount of the estate duty, if ar,y, which would havebeen avoided if the principal value shown in the account of such person had been accepted as correct (2) no order shall be made under sub-section (1) unless the person concerned has been given a reasonable opportunity of 5 being heard rectification of mistakes 61 at any time within five years from the date of any order passed by him or it, the controller, the appellate controller, or the appellate tribunal may, on his or its own motion rectify any mistake apparent from the record and shall, within a like period 10 rectify any such mistake which has been brought to the notic;e of the controller, the appellate controller or the appellate tri~ bunal, as the case may be, by the person accfountable: provided that no such rectification shall be made which has the effect of enhancing the estate duty payable unless the person 15 accountable has been given a reasonable opportunity of being heard in the matter 62 (1) any person-(a) objecting-:= orders of controller (i) to any valuation made by the controller, or 20 (ii) to any order made by the controller determining the estate duty payable under section 58 or section 59, or (iii) to any penalty levied by the controller under section 60 or section 84, or 25 (b) denying his liability to the amount of estate duty payable in respect of any property, may, within thirty days of the date of the receipt of the notice' of demand under section 73, appeal to the appellate controller in the prescribed form which shall be verified in the prescribed 30 manner (2) the appellate controller may admit an appeal after the expiry oflthe thirty days referred to in sub-section (1) if he is satisfied that there was sufficient cause for not presenting it within that period' 35 (3) the appellate controller shall fix a day and place fot the hearing of the appeal and may from time to time adjourn the hearing (4) the appellate controller may-(a) at the hearing of an appeal, allow an appellant to go into any ground of appeal not specified in the grounds of appeal; - s (b) before disposing of an appeal, make such further inquiry as he thinks fit or cause further inquiry to be made by the controller (5) in disposing of an appeal, the appellate controller may pass such order as he thinks fit which may include an order 10 enhancing the estate duty or penalty: provided that no order enhancing the estate duty payable or penalty shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause against sucll enhancement 15 (6) the appellate controller shall, on the conclusion of the appeal, communicate the order passed by him to the appellant and to the controller 63 (1) any person accountable objecting to any order passed ~pjf:d by an appellate controller under section 62, may appeal to the late ~bu­appellate tribunal within sixty days of the date on which he:! =rer is served with notice of such order of the appellate cod-(2) the controller may, if he is not satisfied as to the correct- troller ness of any order passed by the appellate controller under section 62, appeal to the appellate tribunal against such order and 25 such appeal may be made at any time before the expiry of sixty days of the date on which the order is communicated to the controller (3) the tribunal may adrrit an appeal after the expiry of the sixty days referred to in sub-sections (1) and (2) if it is 30 satisfied that there was sufficient cause for not presentinq it within that period (4) an appeal to the appellate tribunal shall be in the prescribed form and shall be verified in the prescribed manner aj'ld shall, except in the case of an appeal under sub-section (2) - - 3s be accompanied by a fee of rupees one hundred (5) the appellate tribunal may, after giving the parties to the appeal an opportunity of being heard, pass such order thereocn as it thinks fit, and any such orders may include an order enhancing the estate duty payable or penalty: provided that no order enhancing the estate duty payable or penalty shall be made unless the person affected thereby has been given a reasonable opportunity of showing cause againc;t 5 such enhancement (6) where the appellant objects to the valuation of any property, the appellate tribunal may, and if the appellant so requires, shall refer the question of disputed value to the arbitration of two valuers, one of whom shall be nominated by the 10 appellant and the other by the respondent, and the tribunal shall, so far as that question is concerned, pass its orders under tub-section (5) conformably to the decision of the valuers: provided that if there is a difference of opinion betwet:n the two valuers, the matter shall be referred to a third valuer ncmi- is nated by agreement, or failing agreement, by the appellate tribunal, and the decision of that valuer on the question of valuation shall be final (7) the costs of any arbitration proceeding under sub-c;ection (6) shall be borne by the central government or the pt'rson 20 accountable, as the case may be, at whose instance the question was referred to the valuers: provided that where the person accountable has been wholly or partially successful in any reference made at his instance, the extent to which the costs shall be borne by him shall be' at ~he 25 discretion of the appellate tribunal (8) the valuers may, in disposing of any matter referred to them for arbitration under sub-~ection (6), hold or caus(' to be held such inquiry as they think fit, and after giving the appellant and the respondent an opportunity of being heard, phc;s s1tch 30 orders thereon as they think fit and shall send a copy ~f such order to the appellate tribunal (9) a copy of every order passed by the appellate tribunal under this section shall be forwarded to the person accountable and to the controller 35 (10) save as provided in section 64 any order passe::j by the appellate tribunal on appeal shall be final (11) the provisions of sub-sedions (5), (7) and (8) of section 5a of the indian income-tax act, 1922, shall apply tc the' appel-ii of i9:lz late tribunal in the discharge of its functions under this act as 40 they apply to it in the discharge of its functions under thlt act 64 (1) within ninety days of the date upon which he is reference bl to the hilh served with an order under section 63, the person accounta ~ or court 5 the controller may present an application in the prescribed form and, where the application is by the person accountjble accompanied by a fee of one hundred rupees to the appellate tribunal requiring the appellate tribunal to refer to the high court any question of law arising out of such order, and the appellate 10 tribunal shall, if in its opinion a question of law arises out of such order, state the case for the opinion of the high court (2) an application under sub-section (1) may be admitted after the expiry of the period of ninety days aforesaid if the appellate tribunal is satisfied that there was suffcient cause is for not presenting it within the said period (3) if, on an application made under sub-section (1), tbe appellate tribunal,-(a) refuses to state a case on the ground that no question of law arises; or 20 (b) rejects it on the ground that it is time-barred; the applicant may, within three months from the date on which he is served with a notice of refusal or rejection 'ls the case may be, apply to the high court, and the high colrt nay, if it is not satisfied with the correctness of the decision of the ~s appellate tribunal, require the appellate tribunal to state the case to the high court, and on receipt of such requisition the appellate tribunal shall state the case: provided that if in any case where the appellate tribunal has been required by a person accountable to stale a case the 30 appellate tribunal refuses to do so on the ground tnat no question of law arises, the person accountable may, within thirty days from the date on which he receives notice of refusal to state the case, withdraw the application, and if he does so, the fee paid by him under sub-section (1) shall be refunded to him 35 (4) the statement to the high court shall set forth the facts, the determination of the appellate tribunal and the question of law which arises out of the case (5) if the high court is not satisfied that the case as stated is sufficient to enable it to determine the question of law raised thereby, it may require the appellate tribun:ij, to make such modifications therein as it may direct (6) the high court upon hearing any 5uch case, shall decide the question of law raised thereby and in doing so, may, if it thinks fit, alter the form of the question of law and shall de'iver judgment thereon colltaining the ground on which such decision is founded and shall send a copy of the judgment uj'1der the l:it'al 5 of the court and the signature of the registrar to the appellate tribunal and the appellate tribunal shall pass such orders 3s are necessary to dispose of the case conformably to such judgment (7) where the amount of any assessment is reduced as a 10 result of any reference to the high court, the amount, if any, over-paid as estate duty shall be refunded with such interest as the controller may allow, unless the high court, on intimation being given by the controller within thirty day: of the receipt of the result of such reference that he intends to ask for 15 leave to appeal to the supreme court, makes an order authoric;-ing the controller to postpone payment of such refund until the disposal of the appeal in the supreme court (8) the costs of any reference to the high co~rt shall be 20 in the discretion of the high court (9) section 5 of the indian limitation act, 1908, :hdll apply 9 of 1908 to an application to the high court under this sectioll (10) when a case has been stated to the high court und"r this section, it shall be heard by a bench of not le;s than two judges of the high court and shall be decided in accordance 25 with the opinion of such judges or of the majority (if any) of such judges: provided that where there is no such majority, the judges shall state the point of law upon which they differ, and the case shall then b~ heard upon that point only by one or more of the 30 other judges of the high court, and such point shall be decided according to the opinion of the majority of the judges who have heard the case, including those who first heard it 65 (1) an appeal shall lie to the supreme court from any judgm~nt of the high court de1iv~red on a case stated under 35 section 64 in any case which the high court certifies as a fit case for appeal to the supreme court (2) where the judgment of tne high court is varied or reverr-ed on appeal under this section, effect shall be given to tile order of the supreme court in the manner provided in sub-section (6) 40 of section 64 (3) the high court may, on application made to it for the execution of any order of the supreme court in respect of any costs awarded by it, transmit the order for execution to any court subordinate to the high court" s 25 for section 67 of the principal act, the following section shall s':!bstitutiol at new becbe substituted, namely:-, tion for section 67 "67 where the amount of estate duty determined by the certificate of paytnent of controller as payable on an assessment made under section 58 estate duty has been paid by the person accountable, the controller shall, 10 on application by that person, grant to him a certificate to that effect" 26 in section 70 of the principal act, in sub-section (2), for the amen~ent words "eight" and "sixteen" the words "three" and "six" shall of section , 7q· respec,tively be substituted 15 27 for section 73 of the principal act, the following sections substitutioc of new' 20 shall be substituted, namely: -sections for - section 73 "73 (1) when any estate duty, penalty or interest is due notice of d d d h' a h c 11 demand and 10 consequence of any or er passe un er t is ct, t e ontro er recovery of shall serve upon the person accountable or other person liable dnatuty, pety, etc to pay such duty, penalty or interest a notice of demand in the prescribed form specifying the sum so payable and the time within which it shall be payable (2) any amount specified as payable in a notice of demand issued under sub-section (1) shall be paid within the time, at the place and to the person mentioned in the notice, or if no time is so mentioned, then on or before the first day of the second month following the date of service of the notice and any person accountable failing so to pay shall be deemed to be in default 30 35 (3) where a person accountable has been assessed in respect of assets located in a country outside india, the laws of which prohibit or restrict the remittance of money to india, the controller shall not treat the person accountable as in default in respect of that part of the estate duty which is attributable to the assets in that country, and shall continue to treat the person accountable as not in default in respect of that part of the duty until the prohibition or restriction of remittance is removed 5 (4) notwithstanding anything contained in this section, where the person accountable has presented an appeal under section 62 the controller may in his discretion treat the person accountable as not being in default as long as such appeal has not been disposed of 11 of 1922 (5) the provisions of sub-sections (1), (la), (2), (3), (4), (5), (sa), (6) and (7) of section 46 and section 47 of the indian income-tax act, 1922, shall apply as if the said provisions were provisions of this act and referred to estate duty (including estate duty provisionally assessed) and sums imposed by way 10 of penalty or interest under this act instead of to income-tax and sums imposed by way of penalty or interest under that act and to controller of estate duty instead of to income-tax officer 73a no proceedings for the levy of any estate duty under 15 this act shall be commenced-limitation for commencing procecdidgs for assessment or reassessment (a) in the cast! of 0 first assessment, after the expiration of five years from the date of death of the deceased in respect of whose property estate duty became payable; and (b) in the case of a re-assessment, after the expiration 20 ,of three years from the date of assessment of such property to estate duty under this act", amendmedt 28 in section 83 of the principal act, for clause (b) of the of section explanation, the following clause shall be substituted, namely:-83· '(b) "legal practitioner" means an advocate, vakil or 2~ attorney of any high court and includes a pleader in practice' substitution 29 for section 84 of the principal act, the following section shall of dew sec- be substituted, namely:-tion for section 84-companies to furnish particulars of deceased persons to the controller "84 (1) where a company within the meaning of the i of 1956 companies act, 1956, has knowledge through any of its principal 30 officers of the death of any member of or debenture-holder in the company,-it shall, within three months of receipt of intimation of the death, furnish to the controller such particulars as may be prescribed in respect of th~ interest of the deceased in the company; and it shall not be lawful for the company to register 3 the transfer of any shares or debentures standing in the name 5 of the deceased unless the transferee has acquired such shares or debentures for valuable consideration or a certificate from the controller is produced before the company to the effect that, the estate duty in respect of such shares or debentures has been paid or will be paid or that none is due, as the case may be 5 (2) ·where a corporation established by a central, state or provincial act has knowledge through any of its principal officers of the death of any person who is a registered holder of stocks, shares or other securities in the corporation, it shall, within three months of the receipt of intimation of the death, furnish to the controller such particulars as may be prescribed in respect of the interest of the deceased in the corporation 10 (3) any company or corporation which without reasonable cause fails to comply with the provisions of this section shall be liable to pay a penalty of rupees one thousand" schedule 30 in the principal act, for the second schedule, the following amendmeot shd ed of the c e ule shall be subsbtut ,namely: -second "the second schedule (see sections 5, 20a and 35) rates of estate duty part iin the case of any property which passes or is deemed to pass 20 on the death of the deceased-rate of duty (i) on the first rs 50,000 of the principal value of the 35 estate nil (2) on the next rs 50,000 of the principal·value of the estate 6 per cent (3) on the next rs 50,000 of the principal value of the estate 8 per cent (4fon the next rs 50,000 of the principar""value of the estate - 10 per cent (s) on the next rs 1,00,000 of the principal value of the estate 12 per cent (6) on the next rs 2,00,000 of the principal value of the estate 15 per cent (7) on the next rs 5,00,000 of the principal value of the estate 20 per cent (8) on the next rs 10,00,000 of the principal value of the estate 25 per cent (9) on the next rs 10,00,000 of the principal value of the estate 30 per cent (10) on the next rs 20,00,000 of the principal value of the - estate 35 per cent (ii) on the balance of the principal value of the estate 40 per cent: part ii in the case of shares or debentures held by the deceased in any such company as is referred to in section 20a-| rate | of | duty ||---------------|---------------|------------------|| 5 | | || (i) | | || if | | || the principal | value | of the shares or || bentures does | not | exceed rs 5,000 || nil | | || (2) | | || if | the principal | value || debent~ | | || exceeds | rb | || 5,000 | | || 71 | | || per | | || cent" | | |sa1':lap 31 nothing contained in section 24 shall affect-10 (a) any appeal pending before the board in respect of any order made by the controller before the commencement of this act; or (b) any right or remedy by way of appeal which has accrued to any person in respect of any order made by the controller before such commencement; and any such appeal may be disposed of and further proceedings taken in relation thereto and any such right or remedy may be enforced as if this act had not been passed statement of objects and reasonsthe object of the bill is to make certain amendments to the estate duty act, 1953 (;34 of 1953) in the l~ht of the experience gained in the working of that act since its coming into force on 15th oetober, 1953 the main amendments are intended to restrict some of the concessions which in the light of subsequent experience do not appear to be justified other amendments have been proposed to clarify assessment procedure, to facilitate collection of duty and also to provide for two appellate authorities these latter amendments seek to bring the provisions of the estate duty act, 1953, into line with those of the indian income-tax act, 1922, the wealth-tax act, 1957, and the expenditure-tax act, 1957 2 the notes on clauses explain the object underlying each of the important amendments proposed in the bill new delhi; j nehru the 28th february 1958 clause 2 defines "appellate controller", "appellate tribunal", "person accountable" and "principal officer" clause 3 provides for inclusion of appellate controller of estate duty amongst the estate duty authorities and for his functions c'lause 4 amends section 9 by increasing-(a) from two years to five years the period before death during which gifts inter vivos become liable to estate duty, as recommended by the taxation enquiry commission, and (b) the extent of relief admissible in the case of gifts in consideration of marriage or of gifts which are part of the normal expenditure clauses 5 to 7 are consequential upon the amendment proposed in clause 4 clause 8 contains a clarificatory amendment clause 9 corrects a printing mistake clause 10 deletes the explanation to section 18 defining "principal officer" as it is no longer necessary in view of the amendment proposed in clause 2 clause 11 substitutes "india" for the words "territories to which the act extends" as the act now extends to the whole of india clause 12 substantially reproduces the provisions of sub-section (1) of section 84 of the act relating to companies incorporated outside india which carry on business in india and at the same time extends the liability for estate duty to debentures held by deceased persons in such companies clause 13 makes amendments similar to those in ~lause 11 clause 14 contains an amendment similar to those in clauses 4(a) 5, 6 and 7 the proviso is omitted as being redundant clause 15 contains a clarificatory amendment clause 16 contains amendments which are either consequential upon the amendment proposed in clause 4 (a), or are clarificatory clause 17 redrafts the provisions relating to aggregation for determining the rate of estate duty so as to bring under aggregation the interests in the joint family property of the lineal descendants of the deceased member as well clause 18 amends section 35 of the act to do away with the provision for different exemption limits for the value of the deceased's interest in coparcenary property and for property of any other kind clauses 19 and 20 contain amendments similar to those in clause 11 clause 21 seeks to restrict the relief admissible under section 50 of the act to one half of the court-fees paid clause 22 provides that no estate duty shall be paid in respect of property on which gift-tax has been levied clause 23 amends section 53 to provide for the levy of interest on the estate duty payable for non-submission of accounts within the time allowed clause 24 effects the following amendments:-(i) the new section 56 makes grant of succession certificate also conditional on production of controller's certificate as to payment of estate duty; (ii) the new section 57 provides for "provisional assessment"; (iii) the new section 58 provides for regular assessment; (iv) the new section 59 provides for assessment or re-assessment of property escaping assessment in the first instance; (v) the new section 60 incorporates the provisions of section 56 of the act and also provides for penalty for concealment generally; (vi) the new section 61 corresponds to section 62 of the act; (vii) the new section 62 amends section 63 of the act and provides for appeals being filed in the first instance to the appellate controller of estate duty instead of to the board as at present; (viii) the new section 63 provides for an appeal from the orders of the appellate controller to the appellate tribunal the appellate tribunal is·-alsq empowered to refer questions of disputed valuation to the arbitration of valuers; (ix) the new section 64, redrafts section 64 of the act and pr0-vides for the appellate tribunal to refer questions of law to the, high court at the instance of the person accountable or the controller; \ (x) the new section 65 corresponds to section 65 of the act clause 25 amends section 67 so as to confine it to certificates of payment of estate duty clause 26 reduces the number of permissible instalments for payment of estate duty in respect of immovable property from eight yearly or sixteen half-yearly instalments to three yearly or six halfyearly ins~alments clause 27 makes th:? following amendments:-(1) the new section 73 incorporates the provisions of subsection (2) of section 58 and also makes provisions for recovery of duty, penalty, etc, on lines similar to those in the indian income-tax act, 1922; (2) the new section 73a reproduces section 59 of the act with the modification that no assessment shall be commenced after the expiration of five years from the date of death of the deceased and no re-assessment proceedings shall be commenced after the expiry of three years from the completion of the original assessment clause 28 contains a clarificat,ory amendment clause 29 corresponds to sub-sections (2) and (3) of section 84 of the act and also brings statutory corporations under its purview clause 30 amends the second schedule providing for uniformity in the exemption limit and in the rates applicable in all cases whether the estate consists of coparcenary property or property of any other kind clause 31 is a "saving'~ clause preserving the rights and remedies available to accountable persons under the existing provisions relating to appeals and the procedure regulating appeals the bill seeks to amend the estate duty act, 1953 the estate duty act is being administered by the officers of the income-tax department and only a few officers are employed exclusively on estate duty assessments with the reduction of the exemption limit the assessment work is bound to increase and it will be necessary to employ larger number of officers exclusively on estate duty work appeals against assessments, which under the existing act, have to be filed before the central board of revenue will hereafter be heard by the appellate controllers it is therefore necessary to appoint appellate controllers as well the increase of personnel, along with incidental expenses of administration, including payment of remuneration of valuers is estimated to cost rs 5 lakhs i volume of work by the reduction of the exemption limit to rupees fifty thousand it is estimated that there will roughly be another 10,000 estates in a year which would become liable to estate duty more assistant controllers have therefore to be appointed to deal with appellate work it is proposed to appoint only one appellate controller for the present additional staff will be appointed as and when it is found really necessary ii requirement of personnel and finance a officers no cost rs i i x 2,000 x 12 = 20 no of appellate controllers no: of assistant controllers taking the average disposal per assistant controller per annum at 500 20 x 500 x 12 1,20,000 10 21 42 21 10 x 250 x 12 30,000 21 x 250 x 12 63,000 42 x 150 x 12 75,600 21 x 120 x 12 30,240 i b staff no of inspectors no of head-clerks no of u d cs no of l d cs no of stenographers no of steno-typists 21 i x 150 x 12 1,800 21 x 140 x 12 -= 35,280 3,79,920 say 3,75,000 c incidental expensesincidental expenses including class iv staff, contingencies and payment of remuneration to valuers estimated at total - 5,00,000 a billfurther to amend the estate duty act, 1953 the president has, in pursuance of clauses (1) and (3) of article ii7 and clause (1) of article 274 of the constitution of india, reconunended to the lok sabha, the introduction and consideration of the bill secretary (shri j(jfjjahar lal nehru, minister of finance)

Parliament_bills

94f2b9cc-90a8-5e50-a1df-568d85946e4e

bill no 290 of 2015 the protection of refugees and asylum seekers bill, 2015 byshri rabindra kumar jena, mp a billto provide for, in the interest of upholding the values of international human rights, an appropriate legal framework to process matters relating to forced migration in respect of determination of refugee status, protection from refoulement and treatment during staybe it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the protection of refugees and asylum seekers bill, 2015(2) it extends to the whole of india except the state of jammu and kashmirshort title, extent and commencementdeclaration2 for the removal of doubts, it is hereby declared that the main objects of this act are:—(a) to establish an appropriate legal framework to process matters relating to forced migration in respect of determination of refugee status, protection from refoulement and treatment during stay;5(b) to do the same in a way that:(i) it is in adherence with articles 37 and 253 of the constitution of india, which provide an administrative system free from arbitrariness and guarantee equality, fairness and due process of law;10(ii) it maintains india's commitment to upholding international human rights principles through accession to all major human rights treaties, and adoption of appropriate legislative steps to implement them; and(iii) to ensure that the grant of refugee status shall be considered a peaceful and humanitarian act and will not imply any judgment on the country of origin of the refugee15definitions3 in this act, unless the context otherwise requires:(a) 'asylum seeker' means a person who seeks recognition and protection as a refugee;20(b) 'commissioner' means the commissioner of refugees appointed under section 7;(c) 'country of origin' means the refugee's country of nationality or if he or she has no nationality, his or her country of former habitual residence;(d) 'prescribed' means prescribed by rules under this act (e) 'refugee' means—25(i) any person who is outside his or her country of origin, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country because of a well-founded fear of persecution on account of race, religion, sex, nationality, ethnic identity, membership or particular social group or political opinion; or30(ii) any person who owing to external aggression, occupation, foreign domination, serious violation of human rights or other events seriously disrupting public order in either part or whole of his or her country of origin, is compelled to leave his or her place of habitual residence in order to seek refuge in another place out his or her country or origin35explanation—in the case of a person who has several nationalities, the term "his or her country of origin" shall mean each of the countries of which he or she is a national, and a person shall not be deemed to be lacking the protection of the country of which he or she is a national, if without any valid reason based on well-founded fear, he or she has not availed himself of the protection of one or more of the countries of which he or she is a national(f) 'refugee committee' means the committee referred to in section 7 as an appellate board; and(g) 'refugee children' means children below the age of eighteen years who are seeking refuge or where protection is extended by the state to children under article 22 of the convention on the rights of the child, 19894 a person shall be excluded from refugee status for the purpose of this act if:persons who shall be excluded from refugee status5(a) there are serious reasons to believe that he or she has committed acts of acrime against peace, a war crime or a crime against humanity, in accordance with the applicable principles and rules of international law and conventions, including the saarc regional convention on suppression of terrorism, 1987; or(b) there are serious reasons to believe that he or she has committed a seriousnon-political crime contrary to the applicable principles and rules of the saarc regional convention on suppression of terrorism, 1987, prior to his or her admission into india as a refugee10principle of non- refoulement5 (1) no refugeee or asylum seeker shall be expelled or returned in any mannerwhatsoever to a place in which there are sufficient reasons or well-founded fears to believe that his or her life or freedom would be under threat on account of any of the reasons set out in clause (e) of section 315(2) where an asylum seeker or refugee has been convicted by a final judgement of a crime against peace, a war crime or a crime against humanity and constitutes a danger to the community, or there are reasonable grounds to believe that an asylum seeker or refugee is a threat to the sovereignty and integrity of india, such an asylum seeker or refugee shall be excluded from the protection provided under this act20application for recognition of refugee6 (1) where an application is made by or on behalf of, or in relation to an asylum seeker, for the recognition of the said asylum seeker as a refugee, either at the point of entry or subsequently, the applicant shall, in accordance with the principle laid down in section 5 be directed and assisted to apply to the commissioner of refugees25(2) where an application is made by or on behalf of, or in relation to an asylum seeker, for the the determination of refugee status, pending determination of such status, certain restrictions shall be imposed on the asylum seeker as are considered necessaryin the interests of sovereignty and integrity or public order of india, or as may be prescribed(3) application under this section may be made within such reasonable time, as may be prescribed30(4) where an application for refugee status is made by or on behalf of, or in relation to a child, or where a refugee child is found within the territory of india; he or she shall receive immediate and appropriate protection and humanitarian assistance in accordance with the existing policy and legal framework of the state35(5) the requirement of filing an application form on behalf of a child may be entrusted to a local legal service authority or their representatives or any other recognised non- governmental organisation involved in the welfare of children7 (1) in order to implement the provisions of this act, the president shall appoint—constitution of the authorities(a) the commissioner of refugees and deputy commissioners of refugees asmay be necessary on the basis of the eligibility requirements and procedures laid down in section 8;40(b) other officers as may be necessary after consultation with the commissionerof refugees; and(c) the chairperson and members of the refugee committee(2) the chairperson of the refugee committee shall appoint the staff of the committee45(3) the salary, allowances payable to and other terms and conditions of service of the commissioner, deputy commissioner, chairperson, members and secretarial staff of the refugee committee shall be such as may be prescribed8 (1) the commissioner of refugees shall be a sitting or retired high court judge and shall be appointed after consultation with the chief justice of india, for a period of three yearsappointment and functions of the authorities5(2) the deputy commissioner shall be appointed from amongst persons who is qualified to be appointed as a high court judge, and shall be appointed after consultation with the chief justice of india, for a period of three years(3) the chairperson of the refugee committee shall be a retired supreme court judge and shall be appointed by the president in consultation with the chief justice of india for a period of three years10(4) the refugee committee shall consist of a sitting or retired high court judge, appointed by the president in consultation with the chief justice of india, and two independent members with knowledge and experience of refugee issues and refugee law, who shall hold office for a period of three years from the date of their appointment15(5) the decision of the commissioner of refugees shall be final and any appeal against such decision shall lie only with the refugee committee, as the appellate board for reconsideration of the decision(6) the functions of the commissioner of refugees and the refugee committee shall be as laid down in sections 9 and 1120(7) the commissioner of refugees may assign such of his functions as may be necessary to the deputy commissioner of refugees appointed under this act9 (1) an asylum seeker who wishes to claim refugee status shall be heard by the commissioner of refugees before the determination of his or her statusdetermination of the refugee status25(2) during the refugee determination interview, the asylum seeker shall be provided necessary facilities by the commissioner of refugees, including the service of a competent interpreter where required, and a reasonable opportunity to present evidence in support of his or her case(3) the asylum seeker, if he or she wishes, shall be given an opportunity, of which he or she should be duly informed, to contact a representative of united nations high commission for refugees (unhcr), as facilitated by the commissioner of refugees30(4) the asylum seeker, if he or she wishes, shall be entitled to be assisted in the determination of the status by a person of his or her choice, including a legal practitioner(5) a list of competent legal practitioners, who are conversant with refugee law, shall be provided by the government to the asylum seeker35(6) if the asylum seeker is not recognised as a refugee, he or she shall be given such reasonable time as may be prescribed, to appeal to the refugee committee(7) where an application by the asylum seeker is rejected, the commissioner of refugees shall give reasons for the order in writing and furnish a copy of it to the asylum seeker(8) if the asylum seeker is recognised as a refugee, he shall be informed accordingly and issued with documentation, certifying his refugee status40publication of findings and decision 10 (1) the findings as well as the orders of the commissioner of refugees, the refugee committee and other authorities established under this act shall be published by them periodically45(2) the commissioner of refugees and the refugee committee shall publish, every year, a report of their work which shall be made publicappellate procedure11 (1) the refugee committee shall receive and consider appeals made by asylum seekers against the decision of the commissioner of refugees(2) the committee may also consider applications for the refugee status suo motto 12 a person shall cease to be a refugee if—persons who shall cease to be refugees5(a) he voluntarily re-avails himself of the protection of the country of his origin;or(b) he becomes a citizens of india; or (c) he has acquires the nationality of some other country and enjoys the protectionof that country; or10(d) he has voluntarily re-established himself in the country which he left, oroutside which he remained owing to fear of persecution; or(e) he can no longer, because the circumstances in connection with which hewas regcognised as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality15exception:—a person shall not cease to be a refugee for the purpose of this act if heshows compelling reasons, arising out of previous persecution, for refusing to avail himself of the protection of the country of his nationality, such as incidences of previous persecution by any individual or groups, state or non-state actors20rights and duties of refugees13 (1) every refugee and asylum-seeker, so long as he remains within india, shall havethe right to fair and due treatment without discrimination on grounds of race, religion, sex, nationality, ethnic identity, membership of a particular social group or political group(2) every refugee, so long as he remains within india, shall have the right to:—| ( | a | ) receive the same treatment as is generally accorded under the constitution or ||---------------------------------------------------------------------------------------|-----|-----------------------------------------------------------------------------------|| any other laws and privileges as may be granted; | | || 25 | | || ( | b | ) be provided means to seek a livelihood for himself, and for those dependent || on them; | | || ( | c | ) in the case of refugee women and children, be given special consideration to || ensure their protection and material well being; | | || ( | d | ) choose his place of residence and move freely within the territory of india, || subject to any regulation applicable to refugees generally in the same circumstances; | | || 30 | | || ( | e | ) be issued identity documents; || ( | f | ) be issued travel documents for the purpose of travel outside and back to the || territory of india unless compelling reasons of national security or public order | | || otherwise require; and | | || 35 | | || ( | g | ) access to education, health and other related services || situations | | || of mass influx | | |4014 (1) the central government may, in appropriate cases where there is large-scale influx of asylum seekers, issue an order permitting them to reside in india without requiring their individual status to be determined under section 11 until such time as the reasons for departure from the country of origin have ceased to exist, or the government decides that their status should be determined on an individual basis under this act(2) asylum seekers who have been permitted to reside in india under this provisionmay be subject to reasonable restrictions with respect to their location and movement, in the interests of public health and order, so, however, they shall normally have the same rights as refugees under this act(3) women and children asylum seekers in mass influx shall be given special consideration as to their protection and material well beingrefugees unlawfully in india515 the central government shall not impose penalties on refugees who, comingdirectly from a place where their life or freedom was threatened, enter or are present in india without authorisation, provided they present themselves without delay to the authorities and are able to show good cause for their illegal entry or presencevoluntary repatriation16 (1) the repatriation of refugees shall take place at their free volition expressed inwriting or other appropriate means, before the commissioner of refugees10(2) the voluntary and individual character of repatriation of refugees shall be carriedout under conditions of transparency and safety to the country of origin(3) the voluntary repatriation of refugees shall take place in accordance with such guidelines, as may be prescribed17 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the refugee committee for carrying out the purposes of this act15central government to provide adequate funds18 the provisions of this act shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect power to make rules19 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act20 25(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsarticles 37 and 253 of the constitution provide an administrative system free from arbitrariness and guarantee equality, fairness and due process of law moreover, india is also committed to upholding international human rights principles through accession to all major human rights treaties, and adoption of appropriate legislative steps to implement themwhile india is still not a signatory to the united nations convention relating to the status of refugees, 1951 or the 1967 protocol relating to the status of refugees but india does provide protection to a steady influx of refugees every year as per the records of the government of india, about 10340 afghan refugees, 4621 refugees from myanmar, 80806 refugees from sri lanka and 1,01,148 stateless refugees including tibetan refugees are staying in indiahence, in light of the current global scenario and the european refugee crisis, it is believed that india needs its own legal framework in the form of a uniform law in order to process matters relating to forced migration in respect of determination of refugee status, protection from refoulement and treatment during stay of refugeesthe bill seeks to address the above issues by establishing the posts of the commissioner of refugees, the deputy commissioners of refugees and the refugee committee the bill also assigns roles and responsibilities to the above-mentioned authorities in order to ensure that refugees in india are meted out uniform rights and privileges during their stay and are justly repatriatednew delhi;rabindra kumar jenanovember 13, 2015 financial memorandumclause 7 of the bill seeks to provide for the appointment of refugee committee it also provides for the appointment of officers and staff for the committee clause 10 provides for periodical publication of findings of the commission of the refugees and refugee committee clause 17 provides that central government shall provide adquate funds to the refugee committee for carrying out the purposes of this actthe 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 will be incurred from the consolidated fund of indiaa non-recurring expenditure of about rupees one hundred crore would also be involved memorandum regarding delegated legislationclause 19 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 normal character———— a billto provide for, in the interest of upholding the values of international human rights, an appropriate legal framework to process matters relating to forced migration in respect of determination of refugee status, protection from refoulement and treatment during stay————(shri rabindra kumar jena, mp)gmgipmrnd—3024ls(s3)—04122015

Parliament_bills

79716fd7-c800-59af-9800-1b2eef667d83

bill no 179 of 2015 the rainwater (compulsory harvesting) bill, 2015by dr udit raj, mp abillto provide for compulsory harvesting of rainwater by every household, business establishment and government building, in order to ensure availability of water 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 rainwater (compulsory harvesting) act, 2015short title and extent(2) it extends to the union territories onlydeclaration definitions3 in this act, unless the context otherwise requires,—(a) ''business establishment'' includes any building which is used as an office or a factory in connection with any trade or business;(b) ''government'' means the central government or the union territory administration, as the case may be;(c) ''government building'' includes the offices of the ministries, departments, public sector enterprises, statutory bodies or bodies owned or administered by the government and autonomous bodies, local self government bodies and residential areas of government employees provided by the government;5(d) ''household'' means a dwelling unit of any description; and (e) ''prescribed'' means prescribed by rules made under this act 4 it shall be the duty of the government to ensure provision of necessary infrastructure and implement such measures, as it may deem necessary, to harvest rainwater in government buildings within such time as may be prescribedcompulsory rainwater harvesting in government buildings105 (1) every household and business establishment shall adopt such measures, as may be notified by the government, for rooftop rainwater harvesting within such time, as may be specified in the notificationcompulsory rainwater harvesting by households and business establishments15(2) the responsibility to ensure compliance of the provisions of sub-section (1) shall lie, in the case of household, on the head or karta of that household, and in the case of a business establishment, on the person, by whatever name called, who is primarily responsible for the affairs of that establishment6 it shall be the duty of the government to ensure construction and repair of conventional water bodies such as wells, tanks, ponds, creeks and watersheds to preserve the rainwater so as to recharge the levels of ground waterduty of government to protect water bodies207 (1) the government shall, as soon as possible, prepare an action plan to educate the masses about the technology and the benefits of rooftop rainwater harvestingaction plan to educate the masses about rainwater harvesting(2) for the purpose of sub-section (1), the government shall also associate non-governmental organisations and such other agencies or institutions, as it may deem fit, in such manner as may be prescribedpunishment258 any person violating the provisions of this act shall be punished with simpleimprisonment for a term which may extend to one year or with a fine which may extend to rupees one lakh or with bothact to have overriding effect9 the provisions of this act and rules made thereunder, shall have effect,notwithstanding anything inconsistent therewith contained in any other law for the time being in force3010 the provisions of this act shall be in addition to and not in derogation of any other law for the time being in forceact not in derogation of other lawspower to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act35 40(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit is estimated that our country receives rainfall of about four thousand billion cubic metres every year and major part of this rainwater goes waste as it falls into the sea through the rivers of our country this huge wastage of rainwater is taking place inspite of the fact that there is severe shortage of drinking water throughout the country water is a scare resource and its availability for drinking and other household purposes in the country as a whole is hardly as per requirement-more so in the desert and drought prone areas the only way to overcome this problem is to prevent the wastage of rainwater by conserving it through harvesting and recharging the groundwater levelsidentification of the areas not receiving normal rainfall with the help of reconnaissance of each and every hamlet of the country, for success of this programme is the need of the hour the private sector as well as the non-governmental organisations have to play a major role in physical and financial terms, in order to achieve the goal of rainwater harvesting to save the planet earth, we have to make rooftop rainwater harvesting a movement of the masses, in which, the government, corporates and every household would participate and preserve the rainwater which is the purest form of water this will increase the level of ground water which can be used for drinking and other purposes hence, it has become necessary to make rooftop rainwater harvesting mandatory throughout the country to overcome the water scarcity which otherwise will worsen further in near future if we do not act nowas water is a state subject, initiative has to come from state governments but in the first instance the initiative has to come from the central government by making rainwater harvesting compulsory in the areas governed by it the states can follow the central government and make it compulsory in the stateshence this billnew delhi;udit rajjuly 7, 2015 financial memorandumclause 4 of the bill provides for creating infrastructure for compulsory rainwater harvesting in government buildings clause 6 provides that the central government shall ensure construction and repair of water bodies to preserve rainwater clause 7 provides that the central government shall prepare an action plan to educate the masses about the technology and the benefits of rooftop rainwater harvesting and associate non-governmental organisations and private sector for the purpose the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one thousand crore is likely to be involved as a recurring expenditure per annuma non-recurring expenditure to the tune of rupees five thousand crore is also likely to be incurred from the consolidated fund of india memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character————— a billto provide for compulsory harvesting of rainwater by every household, business establishment and government building, in order to ensure availability of water and for matters connected therewith or incidental thereto————(dr udit raj, mp)

Parliament_bills

6959711e-38b9-5fe2-9f71-138614b3dc70

'th~ appropriation (rail" :ays) ~'10 3 :3ill, 1967 (to belas introd~1jl lok dabha)1 - p ag e 1, lin e 9,-~ "vote on account" rw "vote on ~eeount" 2 page 1, ag'ainst line 9, insert in the margin,-"4 of 1 96 7 " 3 in the docket page,-tqr ii seri vee" ~ "service" new dlnhl; june 20, ~67 jyaistha, 1889 (saka) 811l no 81 of i", the appropriation (railways) no 3 bill, 1967 a billto authorise payment and appropriation of certain sum! from and oot of the consolidated fund of india for the ,ervice c1f the financial year 1967-68 for the purposes of railways bs it enacted by parliament in the eighteenth year of the republic of india as follows:-1 this act may be called the appropriation (railways) no3 shol't act, 1967 title s z from and out of the consolidated' fund of india there may be issue of paid and applied sums not exceeding those specified in column 3 of & 1,81, the schedwe amounting in the aggregate [inclusive of the sums ape- 73,51,000 cified in column 3 of the schedule to the appropriation (railways) th°ut col e on-vote on account act, 1967] to the sum of one thousand four hundred solidated 10 and ninety-five crores, seventy-three lakhsand fifty-one thousand fund at rupees towards defraying the several charges which will come in india for course of payment during the financial year 1967-68, in respect of the the services relating to railways specified in column 2 of the schedule financlar yeu 1087-" ~_ 3 the sums authorised to be paid and applied: from and out of the ti conaolidated fund of india by this act shall be appropriated for the lervicel!l and purposes expressed in the schedule in relation to the ,aid year the schedule (see sections 2 and 3)i 2 3 ---no sums not elwcedina ,< of services and purposes voted by charged on vote parliament the consoli-total dated fund ---rs ri ri 10 i railway board 1,28,97,000 , 1,28,97,000 2 miscellaneous expenditure 4,59,39,000 3,00,000 4,62,39,000 3 pa~tl to worked and otherl 37>45,000 37>45,000 woddlll bxpcnaea-administration , 65,72,05,000 51,000 65,72,56,000 is , working bxpenaca-repain and maintcdance 2,09,31,07,000 'z,ooo 2,09,3 1,29,000 6 working expensesoperatina staff 1,34,71,82,000 '1,000 i,34,72p3,ooo 20 7 workina bxpensea-operation (fuel) 1,31,20,91,000 1,31,20,91,000 8 working ezpenses-operation other than 38,33,85,000 staff and fuel, 37,77,20,000 56,65,000 2s 9 working e~ miecelladeoua ea 32p3,79,000 u,41,ooo 32,16,26,000 10 workinl expcnsel-staft" welfare 22,77,12,000 22,77,i2,(xf:j ii worklng bxpeillcl-app~priatiod to deprec:iadon reserve fund ' l,os,oopo,ooo ips,oo,oo,ooo 30 u-a workins bxpensell-appropriation to pension fund 1505,00,000 15p500,ooo 35 12 dividend to' general revenue ' 141,55,86,000 141,55,86,000 131 open line works (reve- i 11,25,00,000 11,25,00,000 nue) ~ ilot exc:eedina no of services and purpoaea voted by cha~don vote parliament the naoli-·total datrd fund ra ri ra 14 atruc:tlon of naw line, 38,05,08,000 8,83,000 38,13,90,000 15 opea line wow-capital depreciation reserve fund ii11d developmt/nt fund 5,36,24,14,000 9,j3,000 5,36,33,46,000 16 pensionary charges-pension fund 4,13,07,000 jjo700q 17 reroyment of loans om general revemae and interest thereon -development fund 41,15,000 4lol',ooq 18 appropriation to development fund 1,27,75,000 " 1a775:1>fo 20 20 withdrawal from revenue reserve fund 2,0549,000 2,05041,000 total 1494jbjj~ 9" io,ogt) j~1jsiooo - statement of objects and reasonsthe bill is introduced in pursuance of article 114 (1) of the constitution of india, read with article 116 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the expenditure charged on the consolidated fund of india and the grants made in advance by the lok sabha in respect of the estimated expenditure of the centraj government on railway£; for the financial year 1967-68 c m poonacha president's recommendation under article 117 of the constitution of india[copy of letter no 67-b-4017/1, dated the 27th may, 1967 from shri c m poonacha, minister of railways to the secretary, lok sabha] the president having been informed of the subject matter of the proposed appropriation bill providing for the withdrawal from and out of the consolidated fund of india of the moneys required to meet the expenditure charged on the fund and the grants made by the parliament for the financial year, 1967-68, recommends under clauses (1) and (3) of article 117 of the constitution to the introduction in and consideration by the 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 serivcc of the financial year 1967-68 for the purposes of rail\\'8ys minister of railways)

Parliament_bills

feb66140-2f4b-596b-82e9-05721a67b66f

bill no 32 of 2017 the constitution (amendment) bill, 2017 byshrimati darshana vikram jardosh, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—commencement2 in article 51a of the constitution, after clause (k), the following clause shall be inserted, namely:—amendment of article 51a"(l) to maintain cleanliness and hygienic conditions at public places" statement of objects and reasonsit is observed that in most of the public places and tourist points, people are spitting, throwing garbage and using public places for natural calls making most of our public places extremely dirty and unhygienic these unhygienic acts adversely impact on human health the government is using huge money to maintain cleanliness and hygienic conditions at public places various foreign governments like the british have passed laws to punish persons who are found spitting in public placesthe bill, therefore, seeks to amend article 51a of the constitution with a view to make it a fundamental duty of every citizen to maintain cleanliness and hygienic conditions at public placeshence this billnew delhi;darshana vikram jardoshfebruary 1, 2017 annexure extract from the constitution of india51a it shall be the duty of every citizen of india—fundamental duties(a) to abide by the constitution and respect its ideals and institutions, the national flag and the national anthem; (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years lok sabha———— a billfurther to amend the constitution of india————(shrimati darshana vikram jardosh, mp)gmgipmrnd—4485ls(s3)—17-02-2017

Parliament_bills

fa3133be-9a44-50e9-b3f6-9efef8e09fb4

diu no 74 of 1970 the salaries and allowances of officers of parliament (amendment) bill, 1970 a billto amend the salaries and allowances of o(jicers of parliament act, 1953 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 salaries and allowances of ofhcers short title of parliament (amendment) act, 1970 commence-5 and ment (2) it shall be deemed to have come into force on the 1st day of november, 1969 20 of 1953 z section 4: of the salaries and allowances of officers of parliament amend act, 1953 shall be re-numbered as sub-section' (1) thereof andment of section 4 (i) in sub-section (1) as so re-numbered, for the words "fifteen 10 days", the words "one month" shall be substituted; and (ii) after sub-section (1) as so re-numbered and before the explanation, the following sub-section shall be inserted, namely:-"(2) in the event of the death of an officer of parliament, his family shall be entitled to the use of the furnished residence occupied by the officer of parliament-15 (a) for a period of one month immediately after his death, without payment of rent and no charge shall fall on the family of the officer of parliament in respect of the maintenance of such residenel, and (b) for a further period of one month, on payment 01 rent at such rates as may be prescribed by rules made in this behalf under section 11 and also charges in respect of electricity and water consumed in that residence during such further period" 5 statement of objects and reasonsunder section 4 of the salaries and allowances of officers of parliament act, 1953, an officer of parliam~nt (namely, the chairman or the deputy chairman of the council of states or the speaker or the deputy speaker of the house of the people) is entitled, without payment of rent, to the use of furnished residence throughout his term of oftlce and for a period of fifteen days immediately thereafter this period of fifteen days is considered short when an officer of patliament vacates office and is even more so when his family has to' vacate the residence in the event of his death, considering that this is the period which would, in most cases, be taken up in completing the funeral rites 2 it is, therefore, proposed to increase the aforesaid period of fifteen days to one month when an officer of parliament vacates office in the event of the death of an officer cf parliament it is proposed to provide that his family shall be entitled to the use of the furnished residence occupied by the officer of parliament for a period of two months immediately after his death for the first month his family will not be liable for payment of rent or maintenance cbargesbut during the second month, his family will have to pay rent at the pl'esc:ribed rates and charges for electricity and water consumed during that month 3 it is also proposed to give retrospective effect to the above proposals from 1st november, 1969 new delhi; k raghu ramaiah the 6th july, 1970 president's recommendation under article 117 of the constitution of india[copy of letter no 160(l)/67-70/pa, dated the 18th july, 1970 from shri k raghu ramaiah, minister of parliamentary mairs, and shipping and transport to the secretary, lok sabha] the president having been informed of the subject matter of the pro· posed bill further to amend the salaries and allowances of oftlcers of parliament act, 1953, recommends the introduction of the bill under article 117 (1) and its consideration by lok sabha under article 117 (3) of the constitution financial memorandumunder section 4 of the salaries and allowances of officers of parliament act, 1953, an officer of parliament (which term means the chairman or the deputy chairman of the council of states or the speaker or the deputy speaker of the house of the people) is entitled, without payment of rent, to the use of a furnished residence throughout his term of office and a periw of fifteen days immediately thereafter the proposed provision in clause 2 of the bill is to increase this period to one month when the officer of parliament vacates office and to two months in the event of his death (the intention being that his family may retain the residence for a period of one month after his death without payment of rent and fql' a further period of ohe month on payment of rent at prescribed rates) "if the period of retention is increased to one month or two months, as the case may be, instead of fifteen days as at present, the additional financial expenditure likely to be involved out of the consolidated fund of india will be about rs 1,200 or, as the case may be, rs 2,100 per annum however, as the expenditure is of an uncertain and unpredictable nature, it would not be possible to make an exact assessment of the amount likely to be involved but it is not expected to be large annexure extract from the salaries and allowances of officers of parliament act, 1953(20 of 1953) - - - - - 4 each officer of parliament shall be entitled without payment of residence rent to' the use of a furnished residence throughout his term of office for officers of parliaand for a period of fifteen days immediately thereafter, and no charge manto shall fallon the officer personally in respect of the maintenance of such residence - - - - expl4nation-for the purposes of this section, "residence" includes the staft quarters and other buildings appurtenant thereto and the garden thereof, and "maintenance" in relation to a residence includes the pay· ment of local rates and taxes and the provision of electricity and water - a bill co amend the salaries and auowances of ofbcers of parliament act 1953 (shri k rtlfhu rtjlfuriall, minuter uf p",'iamsruary alairs, tjrrd sm""" artd trqltsport) ;

Parliament_bills

07764554-7913-5a72-ab21-a402a61c073e

the tuberculosis (prevention and control) bill, 2017 bydr kirit premjibhai solanki, mp——————arrangement of clauses——————clauses chapter i preliminary1 short title, extent and commencement 2 definitions chapter ii prohibition of discrimination3 prohibition of discrimination chapter iii molecular testing and daily dosage treatment4central and state governments to take measures5molecular testing and daily dose of multi-drug resistant (mdr-tb)tuberculosis6availability of latest anti-tuberculosis drugs7guidelines for testing centres chapter iv digital database and tracking of tuberculosis treatment and care8mandatory notification of tuberculosis patients9enrolment under aadhaar for tuberculosis patients seeking treatment chapter v identification of vulnerable sections of the population10 identification of vulnerable section of the population 11 state government to present list of vulnerable sections to the central government chapter vi welfare measures by central and state government12 nutritional, financial and psycho-social support for tuberculosis patients 13 tuberculosis related awareness programs 14 guidelines for care, etc of children and hiv-positive persons affected bytuberculosisclauses chapter vii national and state tuberculosis elimination boards15 constitution of the national tuberculosis elimination board 16 functions of the national board 17 constitution of state tuberculosis elimination board chapter viii appointment of ombudsman18 appointment of ombudsman 19 powers of ombudsman 20 procedure of complaint 21 reasonable opportunity of being heard 22 authorities to assist ombudsman 23 report to state government chapter ix penalties24 penalty for failure to comply with orders of ombudsman 25 prohibition of victimization 26 court to try offences chapter x miscellaneous27 act to have overriding effect 28 protection of action taken in good faith29 delegation of powers 30 central government to make guidelines 31 power of central government to make rules 32 power of state governments to make rules 33 power to remove difficulties bill no 230 of 2017 the tuberculosis (prevention and control) bill, 2017 bydr kirit premjibhai solanki, mpa billto provide for the prevention, diagnosis, treatment and control of the spread of tuberculosis and for the protection of the rights of patients affected by the tuberculosis disease and for matters connected therewith or incidental theretowhereas the continued spread of tuberculosis is a matter of grave concern to all and there is an urgent need for the prevention and control of the said disease;and whereas there is a need to protect and secure the rights of persons who are affected with tuberculosis and vulnerable to the said disease;and whereas there is a necessity for effective care, support and treatment for tuberculosis;and whereas the general assembly of the united nations has adopted the sustainable development goals, which call for a reduction in tuberculosis-related deaths and the world health organization has adopted the end tb strategy for a reduction in the incidence of tuberculosis by 2035 through collective global efforts;and whereas the republic of india, being a signatory to the aforementioned goals and strategy, it is expedient to give effect to the said goals and strategybe it enacted by parliament in the sixty-eighth year of the republic of india as follows:— chapter i preliminary51 (1) this act may be called the tuberculosis (prevention and control) act, 2017(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government, may, by notification in the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—1018 of 2016(a) "aadhaar" means aadhaar number issued by the unique identificationauthority of india under sub-section (3) of section 3 of the aadhaar (targeted deliveryof financial and other subsidies benefits and services) act, 2016;(b) "discrimination" means any act or omission which directly or indirectly, expressly or by effect, immediately or over a period of time,—15(i) imposes any burden, obligation, liability, disability ordisadvantage on any person or category of persons, based on one or more tuberculosis-related grounds; or20(ii) denies or withholds any benefit, opportunity or advantage from anyperson or category of persons, based on one or more tuberculosis-related grounds,and the expression "discriminate" to be construed accordingly;25(c) "guidelines" means any statement or any other document issued by thecentral government indicating policy or procedure or course of action relating to tuberculosis to be followed by the central government, state governments, governmental and non-governmental organisations and establishments and individuals dealing with prevention, control and treatment of tuberculosis;(d) "hiv-positive person" means a person whose hiv test has been confirmedpositive;30(e) "multi-drug resistant tuberculosis (mdr-tb)" means a strain of thetuberculosis bacteria resistant to two of the most effective anti-tuberculosis drugs available, isoniazid and rifampicin;(f) "notification" means a notification published in the official gazette; (g) "nikshay" means a web based solution for monitoring of tuberculosis patients developed by the national informatics centre;35 40(h) "person" includes an individual, a hindu undivided family, a company, a firm, an association of persons or a body of individuals, whether incorporated or not, in india or outside india, any corporation established by or under any central or state act or any company including a government company incorporated under the companies act, 1956, any limited liability partnership under the limited liability partnership act, 2008, any body corporate incorporated by or under the laws of a country outside india, a co-operative society registered under any law relating to cooperative societies, a local authority and every other artificial juridical person;(i) "prescribed" means prescribed by rules made by the central government orthe state government, as the case may be;5(j) "revised national tuberculosis control program (rntcp)" means theprogram launched by the ministry of health and family welfare in 1997;(k) "state government" in relation to a union territory, means the administratorof that union territory appointed by the president under article 239 of the constitution;10(l) "tuberculosis" means an infectious disease caused by a bacterium,mycobacterium tuberculosis that is spread through the air; and(m) "tuberculosis-affected person" means an individual who is suffering fromany strain of the tuberculosis disease chapter ii prohibition of discrimination15prohibition of discrimination3 no person shall discriminate against the tuberculosis-affected person on any ground including any of the following, namely:—(a) the unfair treatment in, or in relation to employment or occupation; (b) the denial or discontinuation of, or unfair treatment in, healthcare services;20(c) the denial or discontinuation of, or unfair treatment in educationalestablishments and services thereof;(d) the denial or discontinuation of, or unfair treatment with regard to, the rightof movement;(e) the denial or discontinuation of, or unfair treatment with regard to the rightto reside, purchase, rent or otherwise occupy, any property;25(f) the denial of access to, removal from, or unfair treatment in, government orprivate establishment in whose care or custody a person may be;(g) the isolation or segregation of a tuberculosis-affected person chapter iii molecular testing and daily dosage treatment304 the central government and every state government, as the case may be, shalltake all measures as it deems necessary and expedient for the prevention of spread of tuberculosis, in accordance with the guidelinescentral and state governments to take measures355 (1) the measures to be taken by the central government or the state governmentunder section 4 shall include the measures for providing, as far as possible, molecular testing methods for diagnosis and daily dosage treatment for those living with multi-drug resistant (mdr-tb) tuberculosis, in particularmolecular testing and daily dose of multi-drug resistant (mdr-tb) tuberculosis(2) the central government shall issue necessary guidelines in respect of protocolsfor tuberculosis relating to molecular testing and daily dosage treatment, which shall be applicable to all persons and shall ensure their wide dissemination406 the central government shall take steps to ensure the introduction andavailability of the latest anti-tuberculosis drugs in all public hospitals and governmentrun pharmaciesavailability of latest antituberculosis drugsguidelines for testing centres7 no diagnostic centre or laboratory shall conduct a diagnostic test for tuberculosisor multi-drug resistant tuberculosis except in accordance with the guidelines laid down for such test under this act chapter iv5 digital database and tracking of tuberculosis treatment and care8 every public and private hospitals and clinics shall notify tuberculosis patients under their treatment and care on the web-based nikshay platform under the revised national tuberculosis control programme to facilitate real time tracking of treatment and care such patientsmandatory notification of tuberculosis patients109 the central government and every state government shall take measures to ensure that every tuberculosis-affected person is enrolled under aadhaar to ensure unique identification of patients seeking care and facilitate direct benefit transfers under the welfare measures mentioned under chapter vi of this actenrolmentunder aadhaarfor tuberculosis patients seeking treatment chapter v15 identification of vulnerable sections of the population10 (1) every state government shall, with the assistance from the central government, carry out identification of the poor and vulnerable sections of the population within the jurisdiction of each tuberculosis program in such manner as may be prescribedidentification of vulnerable sections of the population20(2) the identification under sub-section (1) shall include, but shall not be limited to women, children, below poverty line households and hiv-positive persons11 every state government shall, within six months of the act coming into force, present the central government with a list of vulnerable sections within every tuberculosis program and formulate a plan to create awareness and initiate preventive measures about disease among such vulnerable sectionsstate government to present list of vulnerable sections to the central government25 chapter vi welfare meaures by central and state government12 (1) the central government and every state government shall take measures to facilitate better access to welfare, access to persons infected or affected by tuberculosis, which shall include but will not be limited to:30nutritional, financial and psycho-social support for tuberculosis patients(a) nutritional support, if malnutrition or undernourishment is detected, underthe public distribution scheme or any other related food security scheme;(b) financial support, under a health insurance or coverage scheme, for belowpoverty line patients to reduce out of pocket expenditure;35(c) psychological and social support, through free counseling, for patients andtheir families(2) without prejudice to the provisions of sub-section (1), the central and state governments shall frame schemes to address the needs of tuberculosis-affected women and children as well those from vulnerable sections of society, including those who are hiv positive4013 the central government and state government shall formulate tuberculosis related information, education and communication programmes which are non-discriminatorytuberculosis related awareness programs14 the central government shall lay down guidelines for care, support and treatment of children affected with tuberculosis and hiv-positive persons affected by tuberculosisguidelines for care, etc of children and hiv-persons affected by tuberculosis chapter vii 5 national and state tuberculosis elimination boards15 (1) the central government shall, by notification in the official gazette, constitute a national tuberculosis elimination board, to facilitate the eradication of tuberculosis in the country(2) the national board shall include,—constitution of the national tuberculosis eliminationboard10(a) the union minister of health and family welfare— chairperson; (b) the secretary, union ministry of health and family welfare— member; (c) representatives from the indian council of medical research to be nominatedby the central government in such manner as may be prescribed— member;(d) representatives from health departments of every state government to benominated by the central government in such manner as may be prescribed— member;15(e) medical practitioners from private medical hospitals and clinics to benominated by the central government in such manner as may be prescribed— member;(f) members from affected communities to be nominated by the centralgovernment in such manner as may be prescribed— member; and20(g) representatives from non-governmental organisations working in the fieldof prevention, control and treatment of tuberculosis to be nominated by the central government in such manner as may be prescribed— member(3) the salary and allowance payable to and other terms and conditions of service of members of the national board shall be such as may be prescribed2516 the national board shall,—functions of the national board(a) formulate a comprehensive strategy to ensure the elimination of the disease,with an aim to achieving national and international commitments;(b) keep track of new medical diagnostic technologies and anti-tuberculosisdrugs and ensuring their easy availability;30(c) provide incentives to the private sector to assist in the elimination oftuberculosis;(d) create awareness and prevention strategies on the basis of the mapping andidentification conducted by every state government under section 10;(e) track the activities of the ombudsman appointed under section 18;35(f) receive quarterly reports from the state tuberculosis elimination boards; (g) ensure that adequate financial, nutritional and psycho-social support isprovided to tuberculosis-affected patients under a variety of government schemes; and(h) take decisions regarding any other policy or scheme related to tuberculosisand the rights of the patients seeking treatment and care for the said disease4017 (1) every state government shall, by notification in the official gazette, constitute a state tuberculosis elimination board to carry out the functions of this actconstitution of state tuberculosis elimination boards5(2) the state tuberculosis elimination boards shall consist of a chairperson andsuch other number of members as may be determined by the state government in consultation with the national board(3) the salary and allowance payable to chairperson and other member of the state tuberculosis elimination board shall be such as may be prescribed appointment of ombudsman1018 (1) every state government shall appoint one or more ombudsman—(a) possessing such qualification and experience as may be prescribed, orappointmentofombudsman(b) designate such number of officers not below the rank of district magistrate,to exercise such powers and discharge such functions, as may be conferred on ombudsman under this act15(2) the terms and conditions of the service of an ombudsman appointed underclause (a) of sub-section (a) shall be such as may be prescribed by the state government(3) the ombudsman appointed under sub-section (1) shall have such jurisdiction inrespect of such are or areas as the state government may, by notification, specifypowers of ombudsman2019 (1) the ombudsman shall, upon a complaint made by any person, inquire into theviolation of the provisions of this act, in relation to healthcare services by any person, in such manner as may be prescribed by the state government(2) the ombudsman shall maintain records of complaints in such manner as may beprescribedprocedure of complaint20 the complaints shall be made to the ombudsman in such manner, as may beprescribed2521 the ombudsman shall, after giving an opportunity of being heard to the parties,pass such order, as he deems fit, giving reasons thereforreasonable opportunity of being heard authorities to assist ombudsman3022 all authorities including the civil authorities functioning in the area for which theombudsman has been appointed under section 18 shall assist in execution of orders passed by the ombudsmanreport to state government23 the ombudsman shall, after every six months, report to the state government, thenumber and nature of complaints received, the action taken and orders passed in relation to such complaints and such report shall be published on the website of the ombudsman and a copy thereof be forwarded to the central government penalties24 whoever fails to comply with any order given by an ombudsman within such time as may be specified in such order shall be liable to pay a fine which may extend upto ten thousand rupees and in case the failure continues, with an additional fine which may extend to five thousand rupees for every day during which the failure continuespenalty for failure to comply with orders of ombudsman25 no person shall subject any other person or persons to any detriment on the ground that such person or persons have taken any of the following actions namely:—prohibition of victimization(a) made complaint under this act;(b) brought proceedings under this act against any person; (c) furnished any information or produced any document to a person exercisingor performing any power or function under this act; or(d) appeared as a witness in a proceeding under this act5court to try offences26 no court other than the court of judicial magistrate first class shall take cognizanceof an offence under this act chapter x miscellaneous10act to have overridingeffect27 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith contained in any other law for the time in force or in any instrument having effect by virtue of any law other than this actprotection of action taken in good faith1528 no suit, prosecution or other legal proceeding shall lie against the centralgovernment, the state government, the ombudsman or any member thereof or any officer or other employee or person acting under the direction either of the central government, the state government, or ombudsman in respect of anything which is in good faith done or intended to be done in pursuance of this act or any rules or guidelines made thereunder or in respect of the publication by or under the authority of the central government, the state government or ombudsmandelegation of powers2029 the central government or the state government, as the case may be, may, bygeneral or special order, direct that any power exercisable by it under this act shall, in such circumstances and under such conditions, if any, as may be mentioned in the order, be exercisable also by an officer subordinate to that government or the local authority30 the central government may, by notification, make guidelines consistent withthis act and any rules thereunder, generally to carry out the provisions of this actcentral government to make guidelines25power to remove difficulties31 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions, notinconsistent with the provisions of this act, as may appear to be necessary for removing the difficulty:30provided that no order shall be made under this section after the expiry of the periodof 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 ismade, before each house of parliament32 (1) the central government may, by notification, make rules to carry out theprovisions of this act35power of central government to make rules40(2) every rule made under this act shall be laid, as soon as may be after it is made,before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule33 (1) the state government may, by notification, make rules for carrying out theprovisions of this actpower of state governments to make rules45(2) every rule made by the state government under this act shall be laid, as soon asmay be, after it is made before the legislature of that state statement of objects and reasonsalthough tuberculosis is a preventable and treatable disease, yet it continues to be a serious public health epidemic in india india bears the highest tuberculosis burden in the world, accounting for 23 per cent of the global incidence of active tuberculosis patients it is estimated that 1,400 indians die every day due to tuberculosis since india is a signatory to the world health organization's 'end tb strategy' and the united nations' sustainable development goals, the ministry of health and family welfare has formulated the national strategic plan to eliminate tuberculosis by 2025to supplement the strategies outlined within this plan, the bill aims to address all aspects of the diagnosis, treatment, prevention and control of the spread of tuberculosis as well as the rights of the patients seeking care it mandates the creation of a national tuberculosis elimination board, which will be the apex body directing all efforts to combat the disease along with state-level boards it also provides for appointment of an ombudsman to address the grievances of patients and related stakeholdersthe bill prohibits certain discriminatory acts that stigmatize patients and their families and mandates the central government and state governments to undertake welfare measures to provide financial, nutritional and psycho-social support to patients from vulnerable sections of the population to facilitate the tracking of tuberculosis treatment and care, the bill makes it mandatory for both public and private hospitals and clinics to notify tuberculosis patients under their care on the web-based nikshay portal and encourage all patients seeking care to enroll under aadhaartuberculosis is india's most severe public health crisis and combating it will require the collective and sustained effort of all stakeholders the bill aims to ensure that india will achieve its goal to eliminate tuberculosis by 2025 and it seeks to achieve the above objectshence this billnew delhi;kirit premjibhai solankinovember 27, 2017 financial memorandumclause 4 of the bill provides that the central government and every state government, as the case may be, shall take all measures as it deems necessary and expedient for the prevention of spread of tuberculosis, in accordance with the guidelines clause 5 provides for measures to be taken by the central government or the state government for providing molecular testing methods for diagnosis and daily dosage treatment for those living with multi-drug resistant (mdr-tb) tuberculosis clause 10 provides for every state government to carry out identification of the poor and vulnerable sections of the population within the jurisdiction of each tuberculosis program clause 12 provides that the central government and every state government to take measures to facilitate better access to welfare, access to persons infected or affected by tuberculosis including nutritional support, financial support and social support clause 15 provides that the central government shall constitute a board to be known as the national tuberculosis elimination board clause 17 provides for constitution of the state tuberculosis elimination boards clause 18 provides for appointment of ombudsman the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve an annual recurring expenditure of about rupees one hundred crore from the consolidated fund of indiaa non-recurring expenditure of about rupees fifty crore is also likely to be involved memorandum regarding delegated legislationclause 4 of the bill empowers the central government to make guidelines consistent with the proposed legislation and rules thereunder to carry out its provisions clause 32 of the bill empowers the central government to make rules for carrying out the provisions of this act as matters in respect of which rules may be made under the aforesaid provisions are matters of procedure and administrative detail only, the delegation of legislative power is, therefore, of a normal character———— a billto provide for the prevention, diagnosis, treatment and control of the spread of tuberculosisand for the protection of the rights of patients affected by the tuberculosis disease and for matters connected therewith or incidental thereto————(dr kirit premjibhai solanki, mp)gmgipmrnd—2721ls(s3)—15-12-2017

Parliament_bills

eb6d8d0a-0f50-537f-8dd9-957bb0c5863c

bill no 21 of 2007 the persons living below poverty line (identification) bill, 2007 by shri adhalrao shivaji patil, mp a billto provide for the identification of persons living below poverty line and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-eighth year of the republic of india as follows:—short title and extent1 (1) this act may be called the persons living below poverty line (identification)act, 2007(2) it extends to the whole of indiadefinitions52 in this act, unless the context otherwise requires,—(i) "appropriate government" means in the case of a state, the government ofthat state and in all other cases, the central government;(ii) "board" means the board for identification of persons living below thepoverty line set up under section 3;10(iii) "list" means list of persons living below poverty line published by thenodal authority under section 7;(iv) "nodal authority" in relation to a district means the district collector of thatdistrict;(v) "person living below poverty line" means any person whose name has been published in the list by the nodal authority under section 10; and(vi) "prescribed" means prescribed by rules made under this act5 3 (1) the central government shall set up a board to be known as the board for identification of persons living below poverty line(2) the prime minister shall be the ex-officio chairman of the board(3) the board shall consist of the following members—setting up of a board for identification of persons living below poverty line(i) the union minister of finance; (ii) the union minister of planning and statistics;10(iii) the union minister of rural development; (iv) the deputy chairman, planning commission; and (v) the ministers-in-charge of the government of states dealing with matters relating to planning15(4) for the effective implementation of this act, the board may engage the services of such consultants or specialists, as it may deem fit4 (1) it shall be duty of the board to fix the criteria to be applied for determining the persons living below poverty line(2) for the purposes of sub-section (1), the board shall take into consideration the following factors, namely:—fixing of criteria to determine persons living below poverty line by the board20(i) the total income of the person; (ii) his family size; (iii) his monthly food consumption;(iv) the area of land holding, if any, held by him;(v) his indebtedness; (vi) such other factors, as the board may deem fit:25provided that the board may fix different criteria for the purpose of determining persons living below poverty line for different states and regions 5 the central government shall give wide publicity to the criteria fixed by the board to determine persons living below the poverty linepublicity to crtieria fixed by the board6 the board shall review the criteria fixed under section 4 once in every five years30review of criteria fixed by the board7 it shall be the duty of the nodal authority in every district to identify the persons living below the poverty line and publish the list, in such form and manner, as may be prescribed, of such personsnodal authority to identify and publish the list of persons living below poverty line8 (1) any person who meets the criteria fixed by the board under section 4 may apply, in such form and manner, as may be prescribed, to the nodal authority for inclusion of his name in the list of persons living below poverty lineapplication for inclusion of a name in the list5(2) on receipt of an application made under sub-section (1), the nodal authority shallcause an enquiry to be made, in such manner, as may be prescribed, within a period of thirty days(3) the nodal authority shall, if satisfied from the enquiry report, include the name of such person in the list of persons living below poverty line109 (1) any person, who objects to the inclusion or omission of any name in the list,may file a complaint with the nodal authority in such form and manner as may be prescribedcomplaint against inclusion or omission of aname in thelist(2) on receipt of a complaint made under sub-section (1), the nodal authority shall, after giving the complainant and the affected person an opportunity of being heard, dispose off the complaint in such manner as may be prescribed, within a period of thirty days from the date of receipt of such complaint1510 the nodal authority shall review and revise the list of persons living below povertyline in its jurisdiction from time to timereview and revision of the list11 notwithstanding anything contained in any other law for the time being in force, all persons whose names have been included in the list published by the nodal authority, shall be eligible to avail of the benefits of any welfare scheme or programme initiated by the appropriate government in the area under the jurisdiction of the nodal authority20welfare schemes or programmes initiated by the appropriate governmentpower to make rules12 the central government may, by notification in the official gazette, make rules for carrying out the provisions of this act statement of objects and reasonsdetermining the criteria for identification of persons living below the poverty line has always been a bone of contention, as no proper guideline has been issued by the government in this regard consequently, welfare schemes initiated by the government run into rough weather as these schemes do not reach the targeted sections of the societytherefore, it is necessary to identify the persons living below the poverty line and to extend the benefits of welfare schemes to them the bill seeks to provide for setting up of a board to be known as the board for identification of persons living below poverty line to fix the criteria for identification of persons living below the poverty line the criteria fixed by board can be used by the appropriate authority while extending the benefits of welfare schemes for poor persons launched by the appropriate governmentshence this billnew delhi;adhalrao shivaji patilnovember 8, 2006 financial memorandumclause 3 of the bill provides for setting up of a board to be known as the board for identification of persons living below poverty line to fix the criteria for identification of persons living below poverty line in the country clause 5 provides for wide publicity of the criteria fix by the board clause 7 provides, inter alia, for the publication of the list of persons living below poverty line by the nodal authority 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 one hundred crores is likely to be involved from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crores is also likely to be involved memorandum regarding delegated legislationclause12 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 identification of persons living below poverty line and for matters connected therewith or incidental thereto————(shri adhalrao shivaji patil, mp)mgipmrnd—265ls(s5)—20022007

Parliament_bills

1c345ea0-2163-5fdf-9d0f-4691c386bd5e

10th november, 1966 ddi no 75 of 19" a billto continue the pteventive detention act, 1950, tor a- furthef- period be it enacted by parliament in the seventeenth year of the republic of india as follows:-1 this act may be called the preventive detention (conti- short nuance) act, 1966 title ,",' ·s 2 in sub-section (3) of section 1 of the preentive detentiod amend ', act 1950, for the figures, letters and words "31st my of december, ment tif:~ 1966" the fi· prtii letters and words "31st day of december 1969" of sec-: ' , &---, , , tion 1 r:~: shall be substituted ~~:': '::: ', statement of objects and reasons', ··:i ,1 ,) the preventive detention act, 1950, is due to expire on the 31st december,l966 the primary reason for the enactment of this legislation was to provide for detention with a view to preventing persons from acting in a manner prejudicial to the defence of india, the relations of india with foreign powers, the security of india or a state the maintenance of public order or the maintenance of supplies and services essential to the community experience jn the working of the act has shown that this legislation has proved to be an effective instrument specially in the maintenance of law and order in these circumstances, it is considered essential that the powers conferred by the preventive detention act, 1950, should be continued it is accordingly proposed to extend the duration of the act for a further period of three years vidya charan shukla president's recommendation under article 117 of the constitution of india[copy of letter no f22/5/66-poll(i), dated the 2nd november, 1966 from sbri gulzarilal nanda, minister of home affairs to the secretary, lok sabha] " :~ t' 'i" -;: ~: the president, having been informed of the subject matter o'f the preventive detention (continuance) bill, 1966, recommends consideration of the' bul in the lok sabha under article i17(3) of tbe constitution of india :'~ "~ financial memorandumunder section 8 of the preventive detention act, 1950, which il sought to be continued for a period of 3 years till 31st december, 1969, !by the preventive detention (continuance) bill, 1966, the central government and the state governments are required to appoint advisory boards there is no provision in the act requiring the payment of any salary, allowances, etc, to the members of the ad~o1'y 13oards the central government may, h~wevq, have to incut some expenditure in connection with the functionfd, of the advisory boards it is not possible to make an 'i-cc~te estudjte ,of ,th& expenditure which may be involved annu~ -~ " the amount is -not likejy to exceed rs: 5,000 '''" ,, annexure extract from the ,prbventlve dbrum:on al::r, 1950 (4 of 1950) - • - • •short title, extent tnd duration 1;' (1j - - - - , ", (3) it shall ~eas~: to have effect on the :jl~t day of oecember, '" "'1' ,' ,'~66, save· as res~t8ililnis done or omitted to be doji~ b~for~ that date - - - - - ) a bill to continue the preventive detention act, 1950, for a further period (shri vulya charan shukla, depuly minister in 1m ministry of home a//airs)

Parliament_bills

cb0ed531-164d-5fec-a346-ae9982f929c4

bill no 3 of 2010 the prevention of insults to national honour (amendment) bill, 2010 byshri l rajagopal, mp a billfurther to amend the prevention of insults to national honour act, 1971be it enacted by parliament in the sixty-first year of the republic of india as follows:—short title1 this act may be called the prevention of insults to national honour (amendment)act, 2010"2a whoever in any public place or in any other place within public view burns, mutilates, defaces, defiles, disfigures, destroys, tramples upon or otherwise shows insult to the father of the nationdisrespect to or brings into contempt whether by words, either spoken or written or by acts or through audio or video content, the photograph, image, or statue of mahatma gandhi, the father of the nation, shall be punished with imprisonment for a term which may extend to three years, or with fine, or with both5explanation—in this section, the word "disrespect" includes using the photograph, image or statue or audio or video content, as the case may be, of the father of the nation—(a) on costume, uniform, wardrobe or accessories of any description which is worn below the waist by any person; or(b) by embroidering or printing it on cushions, handkerchiefs, napkins, undergarments or any dress material; or10(c) to promote any product, commercial or otherwise; or(d) as a covering for a statue or a monument or a speaker's desk or a speaker's platform; or15(e) as a drapery over the hood, top and sides or back or on a vehicle, train, boat or an aircraft or any other similar object; or(f) by allowing it to touch the ground or the floor or trail in water intentionally; or (g) by wrongly depicting the picture, painting or drawing; or (h) in such other form of false depiction as may be notified by the government of india, from time to time" statement of objects and reasonsmohandas karamchand gandhi popularly known as mahatma gandhi, stood as the supreme symbol of relentless and uncompromising struggle to achieve independence for india during its freedom struggle he was the pioneer of principles like satyagraha and ahimsa or non-violence to achieve his noble objectives the principle of non-violence used by gandhiji has inspired movements for civil rights and freedom all over the world recognising his philosophy and strategy of non-violence, the united nations organization vide its general assembly resolution a/res/61/271 dated 15 june, 2007, has marked 2nd october, the birthday of mahatma gandhi, as international day of non-violencein recent past, the cases involving showing of disrespect to mahatma gandhi have come to the notice there have also been attempts, time and again, to malign the image of gandhiji, a national symbol of communal and caste harmony it has also been observed, quite often, that the honour of the man, to whom we owe our freedom and who spent a lifetime for protecting and uplifting the down-trodden is at stake these incidents, be it in political circles or otherwise, against gandhiji have to be stoppedit is the duty of the state and every citizen of the country, who have faith in his principles, to prevent any kind of insult or disrespect to photograph, image or statue of the father of the nationin view of the above, it is proposed to amend the prevention of insults to national honour act, 1971 to prevent any act of disrespect to the picture, photograph, image or statue of mahatma gandhihence this billnew delhi;december 9, 2009l rajagopal lok sabha————— a billfurther to amend the prevention of insults to national honour act, 1971—————(shri l rajagopal, mp)gmgipmrnd—302ls(s5)—24-02-2010

Parliament_bills

92a29c5b-6010-5d15-bcf6-de12df5fcaf4

bill no 60 of 1966 thb delhi municii>al corporation (validation of electricity tax) bill, 1966a :, \ billto validate the imposition and collection of certain taxes on tht consumption or sate of electricity by the delhi municipal corporation be it enacted by parliament in the seventeenth year of the republic of india as follows:-1 this act may be called the delhi municipal corporation (vali- short title dation of electricity tax) act 1966 , 2 (1) notwithstanding ~mything contained in section 150 read validation ~ with su'b-section (2) of section 109 of the delhi municipal corpora- of levy tion act 1957 the resolution of the delhi municipal corporation collection, ~ dated the 24th june, 1959, passed under sub-section (3) of section tete • of ~m !"" 150 aforesaid, in so far as the said resolution relates to the deterconsump_ tion or sale of electricity mination of the rates &t which tax sl,all be leviable on the co"'-sumption or sale of eleetricitv shall be of'!'med to have bf'en passed in nc"clrdancf:' with 1;1\'' ;1!1rl th" ratf'~ ~df'('ifi('d i" the s~id r('<;olution in respect of tax on th'? consumption or sale of el"ctricity shall bp deemed to hi?, and to 1,:\\'(-' hpen the a('tual rat"s of the til';" under s th" sain act with piffle! on ann frnm the l:;t de'!\" f)f tu!v hj~9 r)~d lip to and inclusive of thr :3 1"t na\' of ~larch 19f1fl (2) notwithshnainq :,'l\,th;n r1 c()ll!:>;n,d in anv ;udgme"t, decrp£, or order of any court to the cnntrary all taxes on the consumption or s~ ie of electricity lpvjf'd or cl"ll1ect"d or purportinp, to have been to levipd 'or collected in ntjr"'tlance of thp resolution referred to in sub-section (1) shall fn r all '1l1tpos'?s be deemed to be, and to have always been validly lev'ed or colleeted and accordingly-(a) all acts, prl"lceeding!'= or things done or taken bv the delhi municipal cornoration or by any other authority in con- ts nection with the lev\' or collection of such taxes shall for all purposes be deemed to be, and to have always been, done or taken in accordance with law; ('b) no suit or other proceeding shall be maintained or continued in any court again~t the government, the delhi muni- 20 eipal corporation or any person or nuthority whatsoever for the refund of any taxes so paid; and (c) no court shall ell force any decree or order directing the refund of any taxes so paid statement of objects and reasonsby its resolution dated the 9th february, 19;)!1, till' delhi municipal corporation decided to levy a tax on the consumption and sale of electricity under sections 113(2) (d) and 150(1) of the delhi municipal corporation act this resolution was submitted under section 150 (2) of that act to the central government for its sanction and in conve'ying its sanction on the ,20th june, 1959, the government made certain modifications in the rates of tax on the assumption that its power to grant sanction to the proposals carried with it the power to make such modifications under ~,ection 150 (3) of the said act, the corporation passed a second resolution on the 24th june, 1959, to the effect that the rates of tax as sanctioned by government, should be the actual rates at which the tax would be , leviable with effect from the 1st july, 1959 the levy (if the electril\ city tax in terms of the second resolution was set aside by the punjab ,dli~h c()uft·, tb~ co~,t held that in according sanction to the ~rst , rcso}ution ,of the corporation, the government had no power (, " ' to modify or enhance the rates proposed by the corporation in that resolution and that the corporation in its second resolution could not adopt rates in excess of the rates detennined in the first resolution the court also held that the liability to pay the tax could commence only from the 1st april, 1960 ,2, the bill proposes to validate the levy of the tax by the cor-~<d01~atlion on the consumption or sale of electricity, in accordance ute rates specified in the afore-mentioned second resolution of ", corporation, with effect from the 1st july, 1959 and until the , of such rates in accordance with the provisions of the municipal corporation act these rates have been altered with effect from the 1st april, 1966 jaisukhlal hatlfi a billt~ validate the imposition and collection of certain taxes on the conswnption or sale of electricity by the delhimuni cipal corporation ) " \' r;j " , ~ ;: (shrijai sukh la! hathi, minister of state in the ministry of home affairs)~

Parliament_bills

091158e0-ca10-5f21-a3a3-513dae8a62eb

bill no viii of 2013 the ban on obscene advertisements bill, 2013 a billto provide for a ban on obscene advertisements in any form in the country and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fourth year of the republic of india as follows:—1 (1) this act may be called the ban on obscene advertisements act, 2013(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires,—510(a) "advertisement" means any pamphlet, writing, drawing, painting, photograph, bill, circular, notice, label, poster, hoarding, banner or other document and also includes any communication by means of recorded telephone messages or transmitted on radio, television, the internet, or similar communication media, including film strips, motion pictures, videos, slides by means of light, and gas published, disseminated, circulated, or placed directly to the public;(b) "agency" means the banning of obscene advertisement agency established under section 4 of this act15(c) "complaint" means an objection filed by any indian citizen or institution to the agency;(d) "obscene advertisement" means depiction of women body in nude or semi-nude postures, and is considered objectionable, double-entendre and may reasonably be construed immoral and against decency; and(e) "prescribed" means prescribed by rules made under this act5banning of obscene advertisements3 notwithstanding anything contained in any other law for the time being in force, allobscene advertisements are hereby banned in the country even if no objection certificate has been obtained from any authority4 (1) for the purposes of this act, the central government shall establish an agency to be known as banning of obscene advertisement agency10establishment of banning of obscene advertisement agency(2) subject to the provisions of this act, the agency shall be constituted in such manner as may be prescribed and the terms and conditions of service of persons employed in the agency shall be such as may be prescribed(3) the headquarters of this agency shall be at such place as may be prescribed5 (1) the agency shall perform the following functions:—functions of the agency15(a) hearing public grievances and registering complaints with regard to obsceneadvertisements;(b) conducting inquiry on the basis of a complaint lodged; (c) imposing a ban on the advertisement on the basis of the findings of theinquiry; and20(d) derecognising the advertisement agency/agencies making obsceneadvertisementspenalty6 whoever contravenes the provisions of section 3 shall be punishable withimprisonment for a term that shall not be less than two years but may extend to five years and with fine which shall not be less than rupees one lakh but may extend to rupees three lakh257 the central government shall provide, from time to time, after due appropriation made by parliament by law in this behalf, requisite funds for carrying out the purposes of this actcentral government to provide funds8 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceact to have overriding effect30power to make rules9 the central government may, by notification in the official gazette, make rules forcarrying out the purposes of this act statement of objects and reasonsdue to rapidly growing consumerism several types of perversities are taking root in the indian society as a result, the cultural values of the indian society are eroding and the safety of dignity of women is also under threat in metropolitan cities and even in the small towns, the number of crimes arising out of the degradation of our culture is increasing rapidly obscene advertisements broadcasted or brought out by the different media have contributed nothing less in this regard there is a rat race in depicting obscenity in the country in the name of advertisements the government has so far done a mere formality to check or ban obscene advertisementskeeping in view the gravity of the problem, it is imperative that a new legislation be enacted to impose a complete ban on the obscene advertisements and for this purpose a new agency be put in place so as to stop broadcasting or publication of obscene advertisements in the countryhence this billprabhat jha financial memorandumclause 4 of the bill provides for the establishment of banning of obscene advertisement agency and appointment of officers and staff of the agency clause 7 provides that central government shall provide funds to the agency after due appropriation the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees two hundred crore per annum from the consolidated fund of india a non-recurring expenditure of rupees four hundred crore is also likely to be involved memorandum regarding delegated legislationclause 9 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of details only, the delegation of legislative power is of a normal character———— a billto provide for a ban on obscene advertisements in any form in the country and for matters connected therewith or incidental thereto————(shri prabhat jha, mp)gmgipmrnd—5529rs(s4)—8032013

Parliament_bills

1f95ed71-308e-58bc-a526-34fb72f0570e

bill no 145 of 2017 the compulsory military training in schools and colleges bill, 2017 by shri shrirang appa barne, mp a billto provide for compulsory military training to all the students in schools and colleges in the countrybe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—(2) it extends to the whole of india (3) it shall come into force with immediate effectdefinitions2 in this act, unless the context otherwise requires—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government; and(b) "prescribed" means prescribed by rules made under this act; and5(c) "schools and colleges" means—(i) a school or college established, owned or controlled by the appropriategovernment or a local authority or a non-governmental organisation; or10(ii) an aided school or college receiving aid or grants to meet whole or part of its expenses from the appropriate government or the local authority or a non- governmental organisation; or(iii) an educational institution managed by a private entity, society or a trust, which imparts education elementary, secondary, senior secondary or higher education, as the case may be15 3 the central government shall provide military training to all physically and mentally sound students for a period of not less than three yearsproviding mandatory military training to students4 (1) the appropriate government shall include compulsory military training in theory and practical of the curriculum from class eighth to the graduation level20(2) the appropriate government shall evaluate the curriculum regarding military training, from time to time, and also issue necessary directions to schools and colleges within its jurisdictionappropriate government to issue directions for compulsory military training in schools and colleges 5 the central government shall issue certificates to all students who successfully complete military training provided under section 3certificate of military training employment256 the appropriate government shall employ students who have successfully completedmilitary training in defence service, paramilitary forces and such other institutions as it maydeem fit for proper utilization of talent:provided that all such students who, after successful completion of military training, remain unemployed shall assist the armed forces in rendering help during natural calamities and given appropriate remuneration in such manner as may be prescribed30power to make rules7 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of the act35(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsthere has been an increase in extremist and naxalite activities in almost all the areas of the country for the last several years and the incidents of murder, loot and dacoity are also on the rise alongwith this, there is a sense of insecurity in the present world where the neighbouring countries are always creating an adverse environment for use the government has been making efforts to provide security in the country but it is not possible without the cooperation and effort of each and every citizen all the developing nations of the world are providing compulsory military training to their citizens but there is no provision for compulsory military training for citizens and students in our country military training shall inculcate patriotism and a sense of brotherhood alongwith discipline in every student military training shall also pave way for their overall development and welfare of nationmilitary training should be imparted to students alongwith education so that more and more students can be prepared for armed forces and paramilitary forces in view of this, a provision has been made for compulsory military training in schools and collegeshence this billnew delhi;shrirang appa barnejune 30, 2017 financial memorandumclause 3 of the bill provides that the central government shall provide compulsory military training to all students for at least three years clause 5 provides for issuing certificates to all students who have successfully completed military training clause 6 provides for giving appropriate remuneration to students for assisting armed forces during natural calamities the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees eight thousand crore per annuma non-recurring expenditure of about rupees six thousand crore is also likely to be involved memorandum regarding delegated legislationclause 7 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative powers is of a normal character lok sabha———— a billto provide for compulsory military training to all the students in schools and colleges in the country————(shri shrirang appa barne, mp)gmgipmrnd—1020ls(s3)—24072017

Parliament_bills

4ab9970b-2d15-57a2-b98e-6a696dd18ac8

bill no xiii of 2015 the indian penal code (amendment) bill, 2015 a bill further 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) act, 2015(2) it shall come into force at onceshort title and commencement45 of 186052 in the indian penal code, 1860 for section 304a, the following section shall be substituted namely:—amendment of section 304a"304a whoever causes the death of any person by doing any rash or negligent act causing death by negligence not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to five years or with fine which shall not be less than fifty thousand rupees or with both:10provided that by doing any rash or negligent driving if any person causes injuryto another person and rushes that person so injured to a nearby hospital or assists the person in getting immediate medical attention but, the person so injured subsequently dies, the punishment shall be reduced and shall be decided on case to case basis1559 of 1988explanation: for the purpose of this section, the term "motor vehicle" shall have the same meaning as assigned in the motor vehicles act, 1988" statement of objects and reasonsin our country over a lakh people die every year as a result of road accidents this problem has compounded in the metropolitan cities where violation of traffic rules are blatant rash driving is a regular nuisance and is responsible for fatal accidents which take place daily it is sometimes seen that many people especially, young boys drive vehicles without caring for their own or anybody else's life not a single day passes when we do not hear of some accident on road after accident of a vehicle, it is a routine feature where the driver of a vehicle speeds away in such a manner that nobody can even take note of the number of the vehicle, leaving the injured unattended or to die on the road the govt is carrying out awareness campagains that if the injured be shifted to hospital but, impact if the driver who shifted the injured to the hospital is given some relief, then the life of so many people could be saved if timely medical assistance in nearby hospital is provided to the injured by the driver or the owner of the vehicle, his life could be saved there is considerable anger in public about the rising number of casualties in road accidents presently such offences are tried as general crime under indian penal code and punishment provide for such act is not proportionate to the gravity of the offence committed in the absence of any stringent legal framework, the persons responsible for rash and negligent driving are let off easily therefore, it is proposed that section 304a may be amended suitably so that drivers be given some relief in punishment for shifting the injured to the hospital besides preventing cases of rash and negligent drivinghence, this billavinash rai khanna annexureextracts from the indian penal code, 1860 304a causing death by negligence—whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both rajya sabha———— a billfurther to amend the indian penal code, 1860————(shri avinash rai khanna, mp)gmgipmrnd—563rs(s3)—27-04-2015

Parliament_bills

b5d1899a-b84a-53bb-b157-db883001b8f1

bill no 277 of 2015 the widows' welfare bill, 2015 byshri sunil kumar singh, mp a billto provide for the protection and welfare of widows 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 called the widows' welfare act, 2015short title and extent(2) it extends to the whole of indiadefinitions2 in this act, unless the context otherwise requires,—(ii) 'prescribed' means prescribed by rules made under the act; and (iii) 'widow' means any legally married woman whose husband has expired and who has not remarried and has no source of income or livelihoodwidows' welfare fund53 (1) the central government shall constitute a fund to be known as the widows'welfare fund(2) the central government and the state governments shall contribute to the fund in such proportion as may be prescribed(3) the fund shall also consist of contributions made by voluntary organizations and donations or contributions received from other organizations or individuals10(4) the fund shall be managed by a board consisting of—(i) the union minister of social justice and empowerment who shall be its ex-officio chairperson;(ii) one representative of the union ministry of finance; (iii) one representative of every state government;15(iv) one representative of the voluntary organizations working in the field of widows' welfare to be appointed by the appropriate government; and(v) the secretary of the union ministry of social justice and empowerment, shall be the ex-officio secretary to the board 4 (1) the central government shall formulate a scheme for the protection and welfare of widows20(2) the scheme shall provide for—(i) payment of monthly subsistence allowance to every widow;formulation of a scheme for the protection and welfare of widows(ii) free health care facilities to the widows and their dependents; (iii) free educational facilities for the dependent/minor children of widows;25(iv) setting up of widows' homes in every district; (v) insurance facility for widows; (vi) financial assistance for marriage of children of the widows; (vii) loan facilities for self-employment of widows; and (viii) any other matter deemed necessary or expedient by the appropriate government305 (1) the appropriate government shall implement the scheme formulated under section 4 of this actimplementation of widows welfare scheme(2) the expenditure for implementation of the scheme shall be met out of the widows'welfare fund constituted under section 3356 the central government shall make provision for suitable employment to every widow as per her qualifications and experience in services under the central governmentprovision for suitable employment for widows7 the appropriate government shall maintain a register of widows, in such form and manner, as may be prescribedmaintenance of a register for widows power to make rules8 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act40(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total5period 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 condition of widows in the country is very pathetic there is no scheme for their protection and welfare they are left to fend for themselves and nobody takes care of them they die of hunger and diseasesmajority of the widows do not have any source of income even their children do not take care of themin these circumstances, it is the responsibility of the state to come forward to undertake welfare schemes for widows it is, therefore, proposed in the bill to set up a widows' welfare fund for their protection and welfarethe bill seeks to achieve the above objectivesnew delhi;sunil kumar singhnovember 17, 2015 financial memorandumclause 3 of the bill provides for constitution of the widows' welfare fund the central government has to contribute to the fund clause 4 provides for payment of monthly subsistence allowance, free health care and other facilities to be provided to the widows clause 5 provides that the appropriate government shall implement welfare scheme for the widows clause 6 provides that the central government shall make provision for suitable employment for widows the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of rupees three thousand crore will be involved from the consolidated fund of indiaa non-recurring expenditure of rupees one thousand crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the protection and welfare of widows and for matters connected therewith or incidental thereto————(shri sunil kumar singh, mp)gmgipmrnd—2834ls(s3)—02-12-2015

Parliament_bills

7e70cd98-d6a2-5a47-a4ff-ffbd4dcade92

bill no 61 of 2008 the science and engineering research board bill, 2008 a billto provide for the constitution of a board for promoting basic research in science and engineering and to provide financial assistance to persons engaged in such research, academic institutions, research and development laboratories, industrial concerns and other agencies for such research and for matters connected therewith or incidental theretobe it enacted by parliament in the fifty-ninth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the science and engineering research board 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, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "board" means the science and engineering research board constituted under sub-section (1) of section 3;(b) "chairperson" means the chairperson of the board; (c) "fund" means the fund for science and engineering research constitutedunder sub-section (1) of section 10;(d) "member" means a member of the board and includes the chairperson; (e) "oversight committee" means the oversight committee of expertsconstituted under sub-section (1) of section 5;( f ) "prescribed" means prescribed by rules made under this act; (g) "secretary" means the secretary of the board appointed under sub-section(1) of section 4 chapter ii science and engineering research board3 (1) the central government shall by notification in the official gazette, constitute, for the purposes of this act, a board to be called the science and engineering research boardconstitution and incorporation of board(2) the board 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 contract and shall, by the said name, sue and be sued(3) the board shall consist of the following persons, namely:—(a)secretary to the government of india in the department of science andtechnology, ex officio—chairperson;(b)member-secretary, planning commission, ex officio—member;(c)secretary to the government of india in the department of biotechnology,ex officio—member;(d)secretary to the government of india in the department of scientific andindustrial research, ex officio—member;(e)secretary to the government of india in the ministry of earth sciences,ex officio—member;(f)secretary to the government of india in the department of expenditure,ministry of finance or his nominee, ex officio—member;(g)secretary to the government of india in the department of health research,ex officio—member;(h)not more than three members to be appointed by the central governmentfrom amongst persons having experience in scientific research in different disciplines in academic institutions;(i)not more than three members to be appointed by the central governmentfrom amongst persons having experience in scientific research in different disciplines in government research laboratories;(j )not more than four members to be appointed by the central governmentfrom amongst persons having experience in scientific research in different disciplines in the industry, international projects on science and technology, socio-economic sectors and other government research laboratories (4) the head office of the board shall be at delhi or in the national capital region(5) the qualifications and experience, term of office and allowances of the members specified in clauses (f) to (h) of sub-section (3) shall be such as may be prescribed(6) the chairperson shall, in addition to presiding over the meetings of the board, exercise and discharge such powers and duties, as may be prescribed or delegated to him by the board(7) no act or proceeding of the board shall be invalidated merely by reason of—(a) any vacancy in, or any defect in the constitution of, the board;(b) any defect in the appointment of a person acting as a member of the board;(c) any irregularity in the procedure of the board not affecting the merits of the case4 (1) the board may appoint an eminent scientist not below the rank of additional secretary to the government of india as the secretary of the board, in consultation with the central governmentsecretary and other officers and employees of board(2) the board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this act (3) the qualifications and experience, terms and conditions of service including salary and allowances of the secretary and other officers and employees of the board shall be such as may be specified in the regulations made by the board(4) the board may engage the services of personnel, both from within and outside the country as consultants, visiting scientists on such terms and conditions and remunerations as may be specified in the regulations made by the board and shall facilitate their operations within the countryoversight committee of experts5 (1) subject to the rules made in this behalf, the board shall constitute an oversight committee of experts consisting of experts, eminent scientists and academics to advise and assist the board(2) the oversight committee shall consist of the following persons, namely:—(i) a scientist of eminence and international repute— chairperson; (ii) secretary to the government of india in the department of science and technology, ex officio—vice-chairperson;(iii) presidents of indian national science academy, indian academy of sciences and indian national academy of engineering, ex officio—members;(iv) not more than three members to be appointed by the central government from amongst distinguished experts in different areas of science and technology; and(v) secretary to the board, ex officio—membercommittees of board6 (1) subject to the rules made in this behalf, the board may appoint such committees as may be necessary for the efficient discharge of its duties and performance of its functions under this act(2) the board shall have the power to co-opt as members of any committee appointed under sub-section (1), such number of persons who are not members of the board as it may think fit, and the person so co-opted shall have the right to attend the meetings of the committee, and take part in the proceedings of the committee7 (1) the board shall serve as a premier multi-disciplinary research funding agency for planning, promoting and funding basic research in the emerging areas of science and engineeringpowers and functions of board(2) the powers and functions of the board shall, inter alia, include—(i) serving as a premier multi-disciplinary research agency for planning, promoting and funding of internationally competitive research in emerging areas;(ii) considering and taking decisions on the recommendations and suggestions made by the oversight committee;(iii) identifying major inter-disciplinary research areas, and individuals, groups or institutions and funding them for undertaking research;(iv) evolving nationally coordinated programmes in various identified areas involving institutions that will have a multiplier effect in promoting research;(v) assisting in setting up infrastructure and environment for scientific pursuit; (vi) achieving synergy between academic institutions, research and development laboratories and industry for promoting basic research in science and engineering;(vii) evolving a management system to speedily provide for funding research, including monitoring and evaluation, by adopting modern management practices;(viii) evolving participatory in international collaborative projects, wherever necessary or desirable; and(ix) taking over and continuance of the basic research projects and programmes undertaken or funded by the central government under the existing science and engineering research council scheme(3) the board may provide financial assistance for the purposes specified in subsection (2), in the form of grants and loans to individuals, academic institutions, research and development laboratories, industries and other organisations chapter iii application for sanction of financial assistance8 (1) an application for availing of financial assistance for the purposes specified in sub-section (1) of section 7 shall be made to the board in such form as may be prescribedapplication for availing of financial assistance(2) the board may, after examining the application and after making such enquiries or seeking such clarifications as it considers necessary, by order in writing, either sanction the financial assistance or refuse the same chapter iv finance, accounts and audit9 the central government may, after due appropriation made by parliament by law, in this behalf, make to the board grants and loans of such sums of money as that government may consider necessarygrants and loans by central government10 (1) there shall be constituted a fund to be called the fund for science and engineering research and there shall be credited to the fund—fund for science and engineering research(a) any grants and loans made to the board by the central government under section 9;(b) all sums received by the board including donations from any other source; (c) recoveries made of the amounts granted from the fund; and (d) any income from investment of the amount of the fund(2) the fund shall be applied for meeting—(a) expenses on the object and for the purposes authorised by this act; (b) salaries, allowances and other expenses of the members, officers and other employees of the board;(c) remunerations of the consultants and visiting scientists; and (d) expenses of the board in the discharge of its functions under this actbudget11 the board shall prepare, in such form and at such time in each financial year, as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the board and forward the same to the central governmentannual report12 the board shall prepare, in such form and at such time in each financial year, asmay be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the central governmentaccounts and audit13 (1) the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india(2) the comptroller and auditor-general of india or any other person appointed by him in connection with the auditing of the accounts of the board under this act shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditor-general of india has in connection with the auditing 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 office of the board under this act(3) the accounts of the board shall be audited by the comptroller and auditor-general of india annually and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditor-general(4) the board shall furnish to the central government, before such date as may be prescribed, its audited copy of accounts together with auditor's report14 the central government shall cause the annual report and auditor's report to be laid, as soon as may be after they are received, before each house of parliament chapter vannual report and auditor's report to be laid before parliament miscellaneousreturns to be furnished to board15 (1) an industrial concern or an institution receiving financial assistance from the board shall furnish return to the board in such form and at such time as may be specified by regulations(2) the board may authorise an officer to visit any industrial concern or institution referred to in sub-section (1) at any time to verify the accuracy of any return made under this section16 (1) without prejudice to the foregoing provisions of this act, the board 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:provided that the board 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 the policy or not, shall be final17 (1) if at any time the central government is of the opinion—(a) that on account of grave emergency, the board is unable to discharge the functions and the duties imposed on it by or under the provisions of this act; or(b) that the board has persistently made default in complying with any direction issued by the central government under this act or in the discharge of the functions and duties imposed on it by or under the provisions of this act and as a result of such default the financial position of the board or the administration of the board has deteriorated; or(c) that circumstances exist which render it necessary in the public interest so to do, the central government may, by notification in the official gazette, supersede the board 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 board,—(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 board shall, until the board 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 board shall, until the board is reconstituted under sub-section (3), vest in the central government(3) on the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government may reconstitute the board by a 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 to be disqualified for 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 earliestdelegation18 the board may, by general or special order in writing, delegate to the chairpersonor any other member or to any officer of the board subject to such conditions and limitations, if any, as may be specified in the order, such of its powers and functions under this act (except the power under section 21) as it may deem necessaryprotection of action taken in good faith19 no prosecution or other legal proceeding shall lie against the central governmentor the board or any committee appointed by it or any member of the board or such committee, or any officer or employee of the government or the board or any other person authorisedby the central government or the board for anything which is in good faith done or intended to be done under this act or the rules or regulation made thereunder20 (1) the central government may, by notification in the official gazette, make rules to carry out the provisions of this actpower of central government to make rules(2) without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the qualifications and experience, term of office and other allowances of the members of the board, under sub-section (5) of section 3;(b) the powers and duties of the chairperson under sub-section (6) of section 3; (c) the constitution of oversight committee under section 5; (d) the constitution of committees under sub-section (1) of section 6; (e) the form of application under sub-section (1) of section 8; (f) the form in which, and the time at which the board shall prepare its budget under section 11 and its annual report under section 12;(g) the form of annual statement of accounts under sub-section (1) of section13 and the date before which audited copy of the accounts may be furnished to the central government under sub-section (4) of that section;(h) 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 rules21 (1) the board may, with the previous approval of the central government, by notification in the official gazette, make regulations consistent with this act and the rules generally to carry out the provisions of this actpower of board 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 qualifications and experience, terms and conditions of service including salaries and allowances of the secretary and other officers and employees of the board under sub-section (2) of section 4;(b) the form in which and the time at which the returns may be furnished to the board under sub-section (1) of section 15rules and regulations to be laid before parliament22 every rule and every regulation made under this act shall be laid, as soon as may 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 statement of objects and reasonsindia, with her large and young human resource and tradition of search for knowledge finds herself at the vista of an opportunity in the changing knowledge-based global economy to emerge as a major economic power in the least possible time there are indicative successes in the areas of information and communication technology, biotechnology and drugs and pharmaceutical sectors india is slated to become a global research and development hub2 in order to achieve such pre-eminence position, india needs to sustain and increase its strength in basic research in science and engineering as it provides the fertile ground on which innovation thrives and grows india's relative position in basic research among nations has slowed down in recent times due to a variety of factors which require immediate attention if the country is to maintain its pace and edge in the evolving knowledge-based economy3 the science and engineering research board bill, 2008, therefore, seeks to create an autonomous board with necessary administrative and financial powers and operational flexibility for promoting basic research in science and engineering in order to achieve higher levles of excellence in internationally-competitive basic research the functions hitherto handled by the department of science and technology under the advice of a science and engineering research council are proposed to be transferred to this new entity4 the science and engineering research board shall serve as a premier multi-disciplinary research funding agency for planning, promoting and funding basic research in every emerging area of science and engineering5 the bill seeks to achieve the above objectivesnew delhi;kapil sibalthe 4th august, 2008 financial memorandumclause 3 of the bill seeks to establish science and engineering research board to serve as multi-disciplinary research funding agency for planning, promoting and funding basic research in the emerging science and engineering sub-clause (5) of clause 3 makes provision for allowances of members of the board sub-clause (3) of clause 4 provides for salary and allowances of the secretary and other officials and employees of the board subclause (3) of clause (7) provides that the board may provide for financial assistance in form of grants and loans to individuals, academic institutions, research and development laboratories, industries and other organisations2 clause 9 provides that after due appropriation made by parliament, by law, the central government may make to the board by way of grants and loans, of such sums of money as that government may consider necessary, for being utilised for the purposes of the bill3 presently, an amount of two hundred crore rupees have been allocated for the year2008-09 as part of the research and development support budget head of the department of science and technology for board related activities the board on its establishment shall be supported out of this budgetary provision4 the bill does not involve any other expenditure of a recurring or non-recurring nature memorandum regarding delegated legislationclause 20 of the bill empowers the central government to make rules to carry out the purposes of the bill such rules may, inter alia, provide for:—(i) the qualifications and experience, term of office and other allowances of the members of the board under subclause (5); the powers and duties of the chairperson of the board under sub-clause (6) of clause 3; (ii) the constitution of oversight committee of experts under clause 5; (iii) the constitution of committees under sub-clause (1) of clause 6; (iv) the form of application under sub-clause (1) of clause 8; (v) the form in which and time at which the board shall prepare its budget under clause 11 and its annual report under clause 12; and (vi) form of annual statement of accounts under sub-clause (1) and the date before which a copy of the accounts may be furnished to the central government under sub-clause (4) of clause 132 clause 21 of the bill empowers the board to make regulations, consistent with the provisions of the bill and the rules made thereunder, to carry out the purposes of the bill such regulations may, inter alia, provide for :— (i) the qualifications and experience, terms and conditions of service including salaries and allowances of the secretary and other officers and employees of the board under sub-clause (2) of clause 4; and (ii) the form in which and the time at which the returns may be furnished to the board under sub-clause (1) of clause 153 the rules and regulations made under the bill are also required under clause 22 to be laid before each house of parliament4 the matters in respect of which rules and regulations may be made under the aforesaid provisions are matter of procedure and administrative details and it is not practical to provide for them in the bill the delegation of legislative power is, therefore, of a normal character———— a billto provide for the constitution of a board for promoting basic research in science and engineering and to provide financial assistance to persons engaged in such research, academic institutions, research and development laboratories, industrial concerns and other agencies for such research and for matters connected therewith or incidental thereto————(shri kapil sibal, minister of science and technology and earth sciences)gmgipmrnd—3495ls(s5)—21102008

Parliament_bills

93cbd6aa-980c-59d4-a9c7-30d3ea4573c2

the punjab reorganisation bill, 1966 arrangement of clauses part i prelimilfary clauses1 short title 2 deftnitions partu reorganisation of the state of punjab3 formation of haryana state 4 formation of union territory of chandigarh 5 transfer of terri tory from punjab to himachal pradesh 6 state of punjab and territorial divisions thereof 7 amendment of the first schedule to the constitution 8 saving powers of government partm representation in the lbmslaturesthe council of states 9 amendment of the fourth schedule to the constitution 10 allocation of sitting members 11 filling up of vacancies the h otlse of the people 12 provision as to existing house the legislative a$semblies 13 provisions as to legislative assemblies 14 amendment of delimitbtion orders 15 allocation of sitting members 16 transitional provisions with respect to certain members of the legislative assembly of haryana 1137 (b) ls-i ~ 17 duration of legislative assemblies 18 speakers and deputy speakers 19 rules of procedure the legisla~ive council20 legislative council of punjab 21 council constituencies 22 provision as to certain sitting members delimitation of constituencies23 allocation of seats in the hous~ of the people 24 allocation of seats in the legislative assembly 25 delimitation of constituencies 26 amendment of article 371 of the constitution 27 amendment of scheduled castes orders 28 amendment of scheduled tribes orders part iv iiigh court29 common high court for punjab, haryana and chandigarh 30 jurisdiction of the common high court 31 special provision relating to bar council and advocates 32 practice and procedure in common high court 33 custody of sefi' of common high court 34 form of writs and other processes 35 powers of judges 36 principal seat and other places of sitting of the common high court 37 procedure as to appeals to supreme court 38 extension of jurisdiction of the court of judicia1 commissioner for himachal pradesh 39 transfer of pending proceedings 40 interpretation 41 savings part v authorisation of expenditurb and dlsrr'bution of revenues42 authorisation of expenditure" of the state of haryana (iii)43 appropriation of moneys for expenditure in transferred territory 44 reports relating to the accounts of the existing state of punjab 45 allowances and privileges of governor of haryana 46 distribution of revenues part vi apportionment of assbts and liabilities47 application of part 48 land and goods 49 treasury and bank balances 50 arrears of taxes 51 right to recover loans and advances 52 investments and credits in certain funda 53 assets and liabilities of state undertakings 54 public debt 55 refund of taxes collected in excess 56 deposits, etc 57 provident fund 58 pensions 59 contracts 60 liability in respect of actionable wrong 6! liability as guarantor 62 i terns in suspense 63 residuary provision 64 apportionment of assets or liabilities by agreement 65 power of central government to order allocation or adjustment in certain cases 66 certain expenditure to be charged on the consolidated fund part vii provisions as to certain corporations67 provisions as to certain corporations 68 continuance of arrangements in regard to generation and supply of electric power and supply of water 69 provisions as to punjab state financial corporation 70 amendment of act 6 of 1942 71 provision as to co-operative banks 72 general provisions as to statutory corporations 73 provision as to certain companies 74 temporary provisions as to continuance of certain existing road transport permits 75 special provision relating to retrenchment compensation in certain cases 76 special provision as to income-tax 77 continuance of facilities in certain state institutions part viii bhakra-n angal and beas projects78 rights and liabilities in regard to bhakra-nangal and beas !>rojects ~ 79 bhakra management board 80 construction of beas project part ix provisions as to services81 provisions relating to all-india services 82 provisions relating to other services 83 provisions as to continuance of officers in the same posts 84 power of central government to give directions 85 provisions as to punjab public service commission part x legal and miscellaneous provisions86 amendment of act 37 of 1956 87 power to extend enactments to chandigarh 88 territorial extent of laws 89 power to adapt laws 90 power to construe laws 91 power to name authorities, etc, for exercising statutory functions 92 legal proceedings 93· transfer of pending proceedings 94 right of pleaders to practise in certain cases 95· effect of provisions of the act inconsistent with other laws 96 power to remove difficulties 97 power to make rules the first schedule the second schedule the third schedule the fourth schedule the fifth schedule the sixth schedule the seventh schedule the eighth schedule the ninth schedule the tenth schedule the eleventh schedule the twelfth schedule the thirteenth schedule the fourteenth schedule the fifteenth schedule the sixteenth schedule to the ~unjab reorganisation bill; 1966 (to ' oo'i~' 'ititroducsci 'in lbk· sabhs)1 page 5, line ~,-?1!,' !q! "section' '(i)i' ~ '~sqction (i)" 2 pa~e 7, line 25,-, " !" :',, : ': ',,' r' , ', , aftpt "sixty-twol!insert "n'" ,--- , " ''" '" 3 page 7, line -al,-tor u6~t read "62'1 --4 \' page 7, in the marginal heading to clamie''''14,-'·: - tor 'rneliminati~n~~ r~'ad ~~l:imitatloj", --"!'''-~- 5 page 8, line 18,-after "state", ~ ",j! 6 page 9, line 26,-t,"\ ~ - i after "thereof", ~ ,!' it 7 page 9, line 33,-~", ' r' ,::\' ( ~; :· ""'r 1 after r 611 i, ~ r l'':'';: ~~ 8 page 10, line 28,-!: ; -" ,~~ "tfr) ' , atter nauthoritle8u~ ~ "" 9 page 11,-(i) in line 7 for nauthoritles,n_i '"authorities'" , -, (ii) in line 18, for ¥';·'ll" read" •• i i' :; lo~', page 13" line 1·::- ,' • tor up 9r" re ad '~part" --11 p:lg~ 13" line 19,-for nrders" read, "orders'~ , --12 p,age 15, line 26,-;' "'';-i' fi , ' ~ _l for "cu -tod~' read '''custody" pto 13 page 18, line 2,-for "fo" read "for" --14 page 18, in the marginal heading to clause 41,-for "sl3v ngs it ~ "savings " , 15 page i8~ idle 18,-for itrevenue" read "revenues" 16 page 21, 11ne s,-f2!: iiexisting state" read "existing state" 17 page 21, line 36,-for "rna e" read "made" -l~ pag~ 24, lin~ 11,-nu , after "day" for " i, read " -, 19 page 24, line 33,· for "states" read "state" --20 page 24, line 39,· after "account" , add ii " 21 page 24, line 40,-,- for "expendiure" read ilexpendi ture" , ' 22 page 2', line 2,-, , ' for "liabilities" read "liabilities" ~ :' -- 23 page 29, line a4, omi t "as" - oj -r-0~ ~t ' , 24 page 31, iine 19,· " to'· for "re organis atlon" read 'lreorganleat'lon" --25 page 31, line 33,-for "corporations" read ,"corporations" -- 26 page 32, line 11,-for "fifteenth sehedule" read "fu'teenth schedule" --pxo 27 page 33, line 2,- ~fte r if ''-~)i~, inse l:t " ii , ,- -28 pag~ 33'~-ltn~'3i,-~ for ii such ,ii read 1 such'! f --29 page 35, line 26,-!q! lid" read "day" 3 o page 37, lines 23 and 24,-111 tlo, •••• _ •• ~ 'm 0 _ ' ~ - -z4 '-3~_ p~~---11 ~!i,- __!q!: "provlsso~~'-read "provis1oos" - - 32:~ page:~~l¥:':li~~ ~3,~", : ';:~ ~~~~~~ - i~1 ~::' for' '''may be" read umay b··" _ _ 3 ) add " " , 33 • page 39, line 17,- - after "reservoir" , - ,e' 34 ,page 39; line 28,:~:'"' (' ;, ,~ , :f "': ~~, '" ' !m: rubhakra projectll f ~ r"bhakrajlfang&1 ~~n' • 35 page 39, line 29,·, £: l2! "bhakra-nangal dam" ~ "bhakra_d~" - 36·' 'page 41;' ~'~,~~,s; 34 and 35, -":"-': i ' :', ~ ', ~ ,!: ~ ' , {or h-onstruc-tion; it ~ itconstruc~'" n, it " ,'"'~:" 'i," r' " i , _i 37 page 43, line z"", , ", , • ' ' after nrajasthan" , insert n" it , , : t • !," ',', 38 • page 45, line 19,· " after ii daylt, l'nsert ~, t~ r; -39 ,page' 47·,: ~n; the jil8,fg~n4!l headl~ to ~ja;~~ ~5, ~ - i, - __ - , - j ,~ ro~ "pro~:tafbnll read, ""pt'ov181oae"': f:' - l '-""'" ",,,'-, ~ ';" 40 :~flg~5~,- r "; ' ' -, :::: iij·!n· line 3'2~ for·tt ()~: r:ead "(h)t, : (11) aftar "13oard~for it ,rriad "';'" -- 41 pag~ 54,-( (1) 1n! 11ne 34, nfter "1951·'~ om'1 t "c~!tl ~~m ii) in 11n6 35, for "1053-53/llll1 " reaa - -nc-i058-53!tiii,r--, 42 • page 56, line 13,- -, for "dulahar" re1d "dlllehrjr" --43 page 61, line 36,-after "sangrur", omit it, if - i":~'r"i ~r:~ "',~!-'~: "~' -:- ,'~ - - ";,' ': ' :! ini line 2, for "teachers" read ":reachers 'u 44 page 62,-(1) (il) (111) i~! l~ne 7, mer "411 ror ft; ii r'ead n if • '' t 1n, 1fiitj~ '1~ and"'ll, aiiinst "ttiiiundur distriots", 45 '"'"insert n 1" - (1v) in' i1ne 14 omit itam" (v) lq 11ne 17; arrer "substftote", 1nsert "the"· (vi) in! line ia7 por· " 23" read n 22" - ,--page 65, l1ne 9,- ':'~" for "'taferene" rqad "referencell page 66~11n?~o~'- -arter~;its~rk1band" add , n t - • i · • o' ~~; - ~ j:gt ?966" ~ 'i~~?:page 73, "line 26,-49 ' f' ! for lifac lities" read ";'actlitxes" -- ~ ~ ' pa-ge 74; <iii • , 50 (i) ih llds :; for "public" read ,ipunjab" ,' (11) 1n 1ino 2~, tor "j bttrainlng ce~t:e1n" iw - iitra1nlng-eum-product1on centr~ and j b~ trainlng centre," ' (11i) in' 11'ne 30 gfter!'rasearch~, insert "," (lv) lr( line· "'33:" :if'eer ,natchlteo~ureh, ihsert '," 5l page 76, line 10 !'rom botto~-for "kunungon read "kanungort --52 page 78, line 7 from bottom, for "ofterll ~"after" 5~ pag~ 85, line 8,-after "it is'', omit iinot" 54 page 87, 11ne 9,-for ii provides it read "providan -~ 55 page 88, i1ne 2,-!j]! ijdetem1ned" ~ itdetermlned1f:;; 56 page 90, line 4 from bottodlt-'!sa' ':representationslj ~ flrefl£'es~nttf1on" 5?, f>age 9j line 19, "~i;-m "chandlgahu read ucham 19arb''~- • -~:~::'~:' and ii· \~ page 91 ,11ru,j lo/trom bottan ~ t:, tor "spec1f1edi read dsp9c1f1es" --59~ (1) 1n 11ne 14, atter "tahsil" t insert "ot" (11) in 11ne 17, !2!: ·kulu'· ~ ku1u~, i)it page 100,'- line 9,-~; l~,~,'~,~' " ~\ " for llpartwarn read "patwar' -~ page 102, 11ne 24,-61 for "tehsil" read "tahs1l" --62 page 103, lines 28 am 2a for "dhand a-rui , it ~ itdhandui" ; 63 page los, 11ne 10 trom bottp, i " for unagokea" read ijnagoke" --64 page los, l1nes 14 and 15, -tor '"{ air-rowa!" read "v wowal rr -pt 0 " 65 page 106, line 5 fro~ bottom,-- ' •• i tor "gurdas pu1r" read ng~as pur" 66 page ll3, line 10 trqm bottam,~ fo~ nc;ouncitt ~ "council" 67 page 118, line 17,-! ' - foji "follwolng/' ~ "followingu , , \ 68 page 118, line 2q,-"(pudjab)1f ,a rtine 2t:r , , 69~ tt'pradeshh'~, r!ad npradesti" - 70 l1ne numbets on:page,s 2134,36~3,47 to 50,54,55, ~62 to 64t6b and 'ru bill to promrle jor the reorganisation of the existing state of pu"1jat and for matters connected therewith be it enacted by parliament in the seventef'nth year of the republic of india as follows:- part ipreliminary 5 1 this act may be called the punjab reorganisation act, short title definitions 1966 z in this act, unless the context otherwise reqllires,-" 10 (0) "administrator" means the administrator of a union territory appointed by the president under article 239 of the constitution; (b) "appointed day" means the 1st day of november, 1966; (c) '·article" means an article of the constitution; 15 (d) "assembly constituency", "council constituency" and "parliamentary constituencj/l have the same meanings as in the representation of the people at't, 1950: 1950• (e) "delimitation conunission" means the delimitation commission constituted under section 3 of the delimitation commission act, 1962; 61 01 1962 20 (f) "existing state of punjab" means the state 01 punjab as existing immediately before the appuinted day; 25 (p) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appoi!lt£;d day, the force of law in the whole or in any palt of the existing state of punjab; (h) "notified order" means an order published in the official gazette; (i) "population ratio", in relation to the states of haryana and punjab and the union, means the l·atio of 37·38 to 54·84 to 7·78; (j) "prescribed" means prescribed by rules made under this act; 5 (k) "sitting member", in relation to either house of parliament or of the legislature of the existing state of funja b, means a person who immediately before the appointed day is a member of that house; (0 "state of punjab" means the state with the 10 s1me name, comprising the territories referred to in arub-section (1) of section 6; (m) "successor state", in relation to the existina , state of punjab, means the state of punjab or haryana, and includes also the union in relation to the union territory of 15 chandigarh and the transferred tertitory ; tn) "transferred territory" means the territory which on the appointed day is transferred from the ('xisting state of punjab to the union territory of himachal pradesh; 20 (0) "treasury" includes a sub-treasury; and (p) any reference to a district, tahsil or oth'~r t(;rritorial division of the existing state of punjab shall be construed as a reference to the area ~ompl"ised within that territorial division on the 1st 25 day of july, 1966 part ii reorganisation of the state of punjabpormation or haryma state 3 (1) on and from the appointed day, there shall he formed a new state to be known as the state of haryana 30 comprising the" following territories of the existing state of punjab, namely:-(a) hissar, roh tak, gurgaon, karnal and mahendragarh districts; (b) narwana and jind tahsils of sangrur district; 3s (d ambala, jagadhri and naraingal'h tahsils of ambala district; (d) pinjore kanungo circle of kharar t'lhsil of ambala district; and (e) the territories in manimajra kanungo circle of kharar tahsil of ambala district specified in the first 5 schedule, and thereupon the said territories shall cease to form part of tht' existin'! state of punjnb (2) 'the territories referred to in clause (b) of su~ section (1) shall form a separate district known as the jind f district in the state of haryana (3) the territories referred to in clauses (c) (d) and (e) of sub-sectinn (1) shall fonn a separate district to be known as ambala district in the state of haryana and in tha t dist rict--'5 (i) the territories referred to in clauses (d) and (e) of sub·section (1) shall be included in, and form part of, the naraingarh tahsil, and (ii) the territories rderred to in clause (e) of subsec~ion (1) shall be included in and form part of, pinjore kanungo circle in the naraingarh tahsil 20 4 on and from the appointed day, there shall be formed fornlatiol1 of union a new union territory to be known as the union territory territory of chandjprh comprising such of the terrltoriet of manl- :r?-ndimaira ad mauauu kanuogo drcles of kjuuv tawl of 25 ambela dietri~ in the ezistlag state of punjab as are specifted in , second sclaedule and thereupon the torritortes so specified shall ceas~ to form part of the esisring state of punjab so (i) on and from the appointed day, there shall be tr~rer of - terntory 10 added to the udlon territory of himachal pradeth the terri- from punjab tories in the exisdng state of punjab compri_ in-;>~i1l1 ~a) simla, kangra, kwu and labaul and splti districts ; (b) nalagarh tahsil of ambala district i (c) lopa, aid" and una kanungo circles of una ii of boalafarpur district; 537 (b) l~-2 (d) the territories in santokhgarh bnungo circle of una tahdl of hoshiarpur district specified in part i of the third schedule; (e) the territories in una tahsil of hoshiarpm' district specified in part ii of the third schedule; and 5 - (f) the territorles of dhar kalan kanungo circle of" pathankot tahui of gurdljspur district speclft~d in part m of the third schedule, and thereupon the said territories shall cease to form part of the existing state of punjab 10 (2) the territories referred to in clause (1:» of subsection (1) shall be included in, and form part of, simla district (3) the territories referred to in clauses (c), (d) and (e) of sub-section (1) shall be included in, and form part of, 15 kangra dis1rict, and (i) the territories referred to in clauses (e) and (d) 3hall form a separate tahsil known as una tahsil in that district and in that tahsil the territories referred to in clause (d) shall form a separate kanungo rircle 20 known as the santokbgarh kanungo circle; and (ii) the territories referred to in clause (e) shall form part of the hamirpur tahsil in the said district (4) the tertitorles referred to in clause (f) of subsection (1) shall be included in, and form part of, the 2~ bhattiyat tahsil of chamba district in the union territory -of himachal pradesh and in that tahsil, the village dalhousie and balun shall be included in, and form part of, banikhet kanungo circle and the village bakloh shall form part of chowari kanungo circle 30 state of 6 (1) on and from the appointed day, the state of ~:j~~rri-punjab shall comprise the territories of the existing state t~da1 diviof punjab other than those specified in sub-section (1) !lions thereof of section 3, section 4 and sub-section (1) of section 5 (2) the territories which immediately before the appoi~ted day were part of ambala district in the existing 35 state of punjab but are not transferred by virtue of sections 3, 4 and 5, shall t'jgether with the territorie, which immediately before that day were part of the una tahsil of hm:hiarpur district in the existing state of punjab but bre not transferred by virtue of section 5, form a separate district known as the rupar district in the state of punjab 5 and in that district-, 10 (i) the territories which immediately before the appointed day were part of manimajra kanungo circle of kharar tahsil of ambala district but are not transferred by virtue of !:ectic os 3 and 4, shall fo m in that tahsil a separate kanungo circle called the mullanpur ~un~o circle; 15 (ii) the territories which immediately before the appointed day were part of una tahsil of hoshiarpur district but are not transferred by virtue of section 5, shall form a separate tahsil known as nanga! tahsil, and in that tahsil, the territories which immediately before the appointed day were part of santokhgarh kanungo circle of una tahsil of hoshiarpur district but are not transferred by virtue of section 5, shall be included in, and form part of nurpur bedi kanungo circle 7 on and from the appointed day, in·thtfirst schedule amen:lment to the constitution - of the first , sdxdwe to the constitution (a) under the heading "i the states"ij~ 25 (i) in the paragraph relating to the territories of the state of punjab, the following shall be added at the end, namely:-30 "and the territories ~pec:fied in ~ub­section (1) of section 3, section 4 add subsection (1) of section 5 of the punjab reorganisation act, 1966; (ii) after entry 16, the following entry shall be inserted, namely:-"17· haryana : the territorie'· !:pec!ficd in subsection (i) of section 3 of the pwlj,lh reorganisation act, 1966"; (b) under the heading "ii the union terri-tories",-(i) in the paragraph relating to the extent of the union territory of himachal pradesh, the following shall be added at the end, namely: -5 "and the terri tories specified in sub-section (1) of section 5 of the punjab reorganisation act, 1966"; (ii) after entry 9, the following entry shall be inserted, namely: -i () "10 chandigarh the territories specified in section 4 of the punjab reorganisation act, 1966" = of 8 nothing in the foregoing provisions of this part shall government be deemed to affect the power of the government of punjab 15 or haryana o"r the administrator of the union territory of himachal pradesh to alter, dter the appointed day, the name, area or boundaries of any district or other territorial division in the state or union territory, as the case may be part iii20 representation in the lecislatuili's the council of states9 on and from the appointed day, in the fourth schedule to the constitution, in the table -amendment of the fourth schedule to the constitution (a) entries s to 3i shad be re-numbered as entries 25 6 to 22 respectively ; (b) after entry 4, the fonowing entry shall he inserted, namely r-"s haryana s" ; (c) in entry iz as so re-numbcred, for the figures)o "lin, the figure "7" shall be substituted ; (d) in entry 19 as so re-nujdbered, for the figure "z,t, the figure "3" shad be substituted; and th fi "6" th fi ,, __ 'u, shad l_ (e) for e gores u , e gures -0 ps llibacituted 35 10 (1) onand from the appointed day, the eleven sitting a11~~on b h c i s h , of slttldl mem ers of t e ounei of tates representmg t e exlstmg members state of punjab shall be deemed to have been elected to fill the seats allotted to the states of haryana and punjab and 5 the union territory of himachal pradesh, as specified in the fourth schedule - (2) the term of office of such sitting members shall remain unaltered 11 (1) as soon as may be after the appointed day, bye- ~p~~eb i () elections shall be held to fill the vacancies existing on the appointed day in the seats allotted to the states of haryana and punjab (2) the term of office of the member so elected from the state of haryana shall expire on the 2nd day of april, 1972, 15 and that of the member so elected from the state of punjab shall expire on the 2nd day of april, 1968 'fi;(' house of the people 12 nothing in part [i shall be deemed to aftect the provisi<?a 1 to exl!1tli11 constitution or duration of the existing house of the people houlle 20 or the extent of the constituency of any sitting member of that house the legislative assemblies13 (1) the number of seats as on the appointed day in the ~~o~~o:_ u legislative assemhlies of the state3 of haryana and punjab and li,!e alsem-25 the union territory of himachal pradesh shall be sixty-two eighty- bites seven and fifty-six respectively (2) in the second schedule to the representation of the people act, 1950-1950 - (a) after entry 4, the following entry shall be w inserted, namely:-"4a haryana 60"; (b) in entry 11, for the figures "154", the figures "87" shall be substituted; and (c) in entry 16, for the figures "40", the figures "54" shall be substituted 35 14 on and from the appointed day, part b of schedule amendment xi to the delimitution of parliamentary and assembly ~:,u:-constituencies order, 1961, and the schedule to the delimitation of territorial council constituencies (himachal pradesh) order, 1962, shall stand amended as directed in the fifth schedule to this act allocation of sitting memben 15 (1) every sitting member of the legislative assembly of punjab elected to fill a seat in that assembly from 5 a constituency which on the appointed day by virtue of the provisions of section 14 stands allotted, with or without alteration of boundaries, to the state of haryana or to the· union territory of himachal pradesh, shall, on and fr~ that day, cease to be a member of the legislative 10 altsembly of punjab and shall be deemed to have been elected to fill a seat in the legislative assembly of haryana or in the legislative assembly of himachal pjiade~h, as the case may be, from that constituency as so allotted 15 (2) all other sitting members of the legislative assembly of punjab shall continue to be members of the legislative assembly of that state, and any such sitting member representing a constituency the extent, or the name and extent, 'of which are altered by virtue of the provisions 20 of section 14 shall be deemed to have been elected to the legislative assembly of punjab by that constituency as so altered (3) notwithstanding anything contained in any other law for the time being in force, the legislative 25 assemblies of haryana, punjab and himachal wpradesh ihall be· deemed to be duly constituted on the appointed day transitional 16 the eight persons specified in part a of the sevent~ p~ohvlsions schedule who are members of the legislative council 30 wit respect 10 certain chosen by tne local authorities', graduates' and teachers' ~~~:s: constituencies of the existing state of punjab shall, on and live ~ssem- from the appointed day, become members of the legislative bty ot haryana assembly of the state of haryana as if they were members chosen by dircctelection to that assembly from the terri- 35 torial constituencies within that state 17 (1) the period of five years referred to in c1auae ~:wof (1) of article 172 shall, in the case of the legislative aasembliet assembly of haryana, be deemed to have commen~ed on tbt- ute on which it actually commenced in the case of tm legislative assembly of punjab ~ the changes in the composition of the legislative asp!nblies of punjab and himachal pradesh shall not 5 a~ the duration of either of those assemblies it (1) the person who immediately before the ap- speakers and deputy poined day is the speaker of the legislative assembly of speakers plldjib shall continue to be the speaker of that assembly oil from that day 10 m as soon as may be after the appointed day the legblative assembly of haryana shall choose a member of assembly to be speaker of that assembly cj, the person who immediately before the appointed day i the deputy speaker of the legislative assembjy 15 of pmiab shall be the deputy speaker of the legislative assenbly of haryana (4; as soon as may be after the appointed day, the legislltive assembly of punjab shall choose a member of that kisembly to be deputy speaker of that assembly 20 11 the rules of procedure and conduct of business of rulesd of the i4slative assembly of punjab as in force immediately prace ure before the appointed day shall, until rules are made under clause u) of article 208, be the rules of procedure and conduc! of busines; of the legislative assembly of haryana, ' ~5 subject to such modifications and adaptations as may be made ~!erein by the speaker thereof the legislative council20 '_ '- and from the appointed day, there shall be forty legislative seats ji" -:1,' lpgislative council of punjab, and in the third =~ of 30 schedu:' :,0 the representation of the people act, 1950, for the exl;o:,1 tntry 7, the following entry shall be substitute:d, namely'-"7· punjab 40 14 3 3 i4 6" o ' 21 oll: and from the appointed day, the delimitation of council 3s council cc'llstituencies (punjab) order, 1951, shall stand :r:tituenamended as direct~ in the ~:xth ~chedu1e prov ilion as to certain litting members 22 (1) on the appointed· day, the sitting members of the legislative council of punjab specified in the seventh schedule shall cease to be members of that council (2) on and from the appointed day, all sitting members of the legisjative council of punjab, other than those refer-5 red to in sub-section (1), shall continue to be members of that council (3) any of the sitting members continuing as afore"ai representing a council constituency the extent of which is altered by virtue of the provisions of section 21 shall be 10 deemed to have been elected to the legislative c:>uncil of punjab b~r that constituency as so altered (4) every sitting member of the said council represent- ing immediately before the appointed day any of the council constituencies specified in column (1) of the table below is shall be deemed to have been elected to the said council by the council constituency specified against that constituency in column (2) of the said table:-punjab central graduates punjab west central graduates punjab south graduates: punjab east central graduates punjah west central teachers punj"lh central teachers 25 punjab east central teachers punjab south teachers patiala l')cal authorities pariala-cum-f{upar local authorities (5) the term of office of the members referred to in su bsection (2) shall remain unaltered 30 (6) as soen as may be after the appointed day, elections shall be held to fill the vacancies existing on the appointed day in the seat~ allotted to the several council constituencies by the delimitation of council constituenci~s (punjab) order, 1951, as amended by this act and to fill the 3s vacancy existing on that day in the seats to he filled hy person<; ejected by the members of the legislative assemhly (7) the term of office of the three members so elected from l'erozepur l'lcji autht")rities' co:lstituency, jullundur local authorities' con'itituency and ludhiana local authorities 5 comtituency and of the member so elected by the members of the l ~gis1ative assembly shall expire on the 26th day of april, 1968, and the 'erm of office of the member m elected from patialac:lm-ruplr loclli authorities, constituency shall expire on the 26th day of april, 1973 10 (8) the person who immediately before the appointed day is the chairman of the legislative council of punjab shall continl:c to be the chairman of that council on and (rom that day (9) as soon as may be after the appointed day, ihe legislative council of punjab shall choose one of its member~ to 15 be the deputy chairman thereof delimitation of constituencies 23 in the house of the people to be constituted after auocatio~ - of seats in the commencement of this act, there sail be allotted,- the house 20 (a) nine seats to the state of baryana of which two pof th1c cope seats shall be reserved for the scheduled castes; (b) thirteen seats to the state of punjab of which three seats shall be reserved for the scheduled castes; 25 (c) sii seats to the union territory of idmachal pradesh of which one seat shall be reserved for the scheduled castes ; and (d) one seat to the union territory of chancugarh which shall form one parliamentary constituency 2-1 (1) the total number of seats in the legislative alle ocat~ o seats in assembly of haryana to be constituted at anx time after [he legisla-30 the app,)in:ed day, to be filled by persons chosen by direct ~~:embiy electill11 from territorial constituencies, shall be e;ghty-one of which fiftl·cn scats shall be reserved for the scheduled ca<;te:s, (2) the total number of seats in the legislative assembly 35 of punjab to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be one hundred and four of wh;ch twenty-three seats shall be reserved for the scheduled castes 40 (3) the total number of seats in the legislative assem-t ! bly of himalhal pradesh to be constituted at any time after tr:' the :~ppol1te'd day, to be filled by persons chosen by direct election from territorial constituencies, shall be fifty-four of which twelve seats shall be reserved for the ~cheduled castes and two seats shall be reserved for the scheduled ~ibcs oelimitation of coiutitljencies25 (i) the delimitation commission shan, in the manner herein provided, distribute the seats in the house of the people allotted to haryana, punjab and himachal pradesh under section 23 and the seats assigned to the legislative assembly of each of them under section 24 to single-member 10 territorial constituencies and delimit them on the basis of the latest census figures, having regard to the provisions of the constitution and to the following provisions) namely:-(a) all constituencies shall as far as practicable 15 be geographically compact areas, and in del1miting them regard shall be had to physical features, existing boundaries of administrative units facilities of communication and public convenience; (b) every assembly constituency shall be so 20 delimited as to fall wholly within one parliamentary constituency; (c) constituencies in which seats are reserved for the scheduled castes shall be distributed in different parts of the state or union territory, as the case muy 25 be, and lccated, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large; and (:/) constituencies in "'hich seats are reserved for the scheduled tribes shall, as far as practicable, be 30 locaced in areas where the proportion of ~heir population to the total population is the largest (2) for the purpose of assisting it in the performance of its funl :lons under sub-section (1), the delimi tatiol1 commission shall associate with itself in respect of each state 35 and union territory such six persons as the central government may by order specify, being persons who are members either of the house of the people or of the legislativ(l assembly of haryana, punjab or himachal pradesh: provided that such persons shall be chosen, as far as 40 practicjbl~ from among those members who were associated before the cummencement of this act with the delimibtion c('mmi~sion in delimiting constituencies of punjab or i-limolchal pradesh: 5 provided further that none of fie associate members shall have a right to vote or to sign any decision of the delimitation commission (3) th~> delimitation commission shall,by one or lilore ord'~rs determine the delimitation of the parliamentary and 10 assemuy coll~tituencies referred to in sub-section (1) (4) the proyisions of sections 7, 10 and 11 of the delimi tation commission act, 1962, shall apply in relation· to the dclinubtbn of parliamentary and assembly constituencies under this par _ as they apply in relatiml to the delimita-i5 tion of parliamentary and a~,sembly constituencies under the said act (5) upon i1ublication in the gazette of india of the order or orders of the delimitation commission made under subsection (3), the "'\'ders previously made by it delimiting the 20 parlhment3j'y and assembly constituencies of punjab and himach31 pradesh shall stand cancelled 26 on and from the appointed day, in :lrticle 3'11 of amendment the constitutiol1, in clause (i), the words "or punjab" shall ~i~~ be omitted constitution 25 27 (1) on and from the appointed day, the c(jnstitution amendment (scheduled c(tstes) order, 1950 shall stand amended as ~~qtc direct'2d in the eighth schedule orders (2) on lind from the appointed day, the constitution (sdlf'duled c'astcs) (union territories) order, 1951, shall 30 3tanci ~in:l'nd('d as directed in the ninth schedule 28 (1) on and from the appointed day, the constitution amcndmcnt of sc:be-(scheduled tribes) order 1950, shall stand amended as dulcd tribes directed in the tenth schedule orden (2) on and from the appointed day, the constitution 35 (schedul!d tribes) (union territories) order, 1951, shall stand amended as directed in the eleventh schedule (2) any person who immediately before the appointed day \:i an advocate entitled to practise inathe high court (\t' punjab shall be entitled to practise as an advocate in the \,\immon high court 5 (3) ,·\11 persons who immediately before the appointed day are ~dvocates on the roll of the bar council of punjab shall, a~ from that day, become advocates on the roll of the bar council of punjab and haryana (4) the right of audience in the common high court 10 shall bp regulated in accordance with the like prine iplcs as iml1wdiately before the appointed day are in force with r{'~llect to the right of audience in the high court of punjab: pro\·"led that as between the advocate-general of 15 punja b ~nd the advocate-general of haryana, the right of audi~"ce shall be determined with reference to their date3 or enrolment as advocates p $\lbjeet to the provisions of this part, the law in practice and force intlnediately before the appointed' day with respect r;~:!~~n 20 to pral'llce and procedure in the high court oc punjab high court shall wllh the nece'ssary modifications, apply in relation to the l'iiulmon high court 33 ti,' law in force immediat2ly before the appointed custody of seal of cia \' w ii" respect to thf' custody of the seal of the high common 25 co·li:-t d punjab shall, with the neressary modifications, high court apply \\' 1 t h respect to the eu ~tody of the seal of the commoll high court 34- the lalv in force immediately before the appointej form of day with respect to thp form of writs and other pro- 'ov[rhitli and - er pro-:0 cesses \trted, issued or awarded by the high court of <:esses punjab pjhall, with the necessary modifications, apply with respect ~o the form of writs and other processes used, ibsued 0" awarded by the coptmon high court powers of judge~ 35 the law in force immediately before the appointed day with respect to the powers of the chief justice, single judges and division courts,f the high court uf punjab and with respect to all matters ancillary to the exercise of those powers shall, with the necessary modi-5 fications, apply in relation to the common high court principal seat and other places of sitting of the common high court ~6 (l) the principal seat of the common high court shall unless otherwise determined bv the president ' after consultation with the chief justice of that high court and the governors of punjal:l and haryana, be at 10 the same place as the principal seat of the high court of punjab immediately before the appointed day 20 (2) the president may, after consultation with the chief ju<;tic'e of the common hi~h court and the gover-!'lors of the state<; of puniab and haryana, by notified 15 order, provide for the establishment of a permanent bench or benches of lhat high court at one or more places within th~ territorie<; to which the jurisdiction of the high court extends, other than the principal seat of the high court and for any matters connected therewith (1) notwithstanding anything contained in subsection (1) or sub-section (2), the judges and division courts of the common high court may also sit at such other place or places in the states of puniab and haryana as the chief justice may, with the approval of the 25 governors of the states of punjab and haryana, appoint procedure as to appeals to sup~eme court ~' 37 the law in force' immediately before the apo'1intcd day relating to appeals to the -~upremecourt from the hi~h court of punjab and the judges and division courts tne'te"-of, shan, with the necessary modific~t :on", ;lrrly in relation 30 to the common high court eli:tcl~si~jll of 38 on and from the apoointed day the jurisdiction of jurisdiction of the court (if the court of the judicial commissioner for himachal pra-judicial j h h 11 d commislips s a f'xten to the" transferred terfltory sioner for himachal pradesh transfer of pending proceedings 39 (1) all procced;n~s pending in the high court of 35 punjab immediatelv before the appointed day shall, on that day, stand tranc:ferred to the common high court (2) such pror:eedings which stand transferred to the common high court under sub-section (1) as are certi,ficd by the chief justice of the common high court, havi 11g regard to the place of ac('rual of the cause of action and ethel' circumstances to be proceedings which ought to be hearci and decided by the court of the judicial commissioner for 5 himachal pradesh shall, as soon as may be after such certification, be transferred to the court of the judicial commissioner for himachal pradesh (1) notwithstanding anything contained in the fof('going provisions of this part, but save as hereinafter pro-10 vided, the con~mon high court shall have, and the court of the judicial commissioppr for himachal pradesh shall not have, jurisdict~on to entertain, hear or dispose of appeals, applications for leave to appeal to the supreme court, ~pplications for review and other proceedings where any 15 such proceedings seek any relief in respect of any order passed by the high court of punjab before the appointc'd day: p-ovided that if, after any such procecd:ngs have:: been entertained by the common high court, it appears to the chic: 20 justice of that high court that they ought to be ~(ans· ferred to the court of the judicial commissioner for himachal pradesh, he shall order that they shall be so transferred, and such proceedings shall thereupon be transferred accordingly 25 (4) any order-(a) made by the high court of punjab befote the appointed day, in any proceeding transferred to the court of the judicial commissioner for himachal pr(,tdesh by virtue of sub-section (2), or 30 (b) made by th(~ common high court in any plo-cceding \\;ith respect to which that high court has jurisdiction by virtue of sub-section (3), shall for all purposes have effect not only as an order of the high court of punj b or, as the case may be d the 35 common high court but also as an order made t,y the court of the judicial commissioner for himachal ?radt'sh 40 for ~he purposes of this part,-interpretation (a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues between the parties inc1uding any issues with respect to - the taxation of the costs of the proceedings and ~hall include appeals, applicat:ons fof leave to appeal to the supreme court, applications for review, petitions for revision and petitions for writs; and (h) references to a high court shall be constru~d 5 as including references to a 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 10 41 nothing in this part shall affect the application to the common high court of any provisions of the constitution, and this part shall have effect subject to any provision that may be made on or after the appointed day with respect to that high court by any legislature or other alltho- 15 rity having power to make such provision part v autilorisation of expenditure and distribution of revenuesauthorisation of expenjiture of the state of ha~yan:l 42l'he governor of the existing state of punjab may, at any time, before the appointed day, authorise such e,x- 20 penditure from the consolidated fund of the state of haryana as he deems necessary for any period not extending beyond the 31st day of march, 1967, pending the sanction of such expenditure by the legislative assembly of haryana: 25 provided that the governor of haryana may, -ifter the appointed day, authorise such further expenditure from the consolidated fund of the state as he deems necessary for the said period pending such sanction appropriation of moneys for expenditure in transferr ed territory 43 (1) on aui from the appointed day, any act passed by 30 the legislative assembly of the union territory of himachal pradesh before that day for the appropriation of any muncy out of the consolidated fund of that union territory to meet any expenditure in respect of any part of the financial year 1966-67 shall have effect also in relation to the trans- 35 ferred territory and it shall be lawful for the government qf! wm~~l,~ad~"u! s~d any amount in the transf", ~ ,:, +--1"t'ftm"v out of the ainoudt authorised by 'such act (2) the administrator of him-:-chal pradesh may, after the appointed day, authorise such expenditure from the consolidated fund of the union territory as he deems necessary for any purpose or service in the transferred 5 territory for any period not extending beyond the' 31st day of march, 196"7, pending the sanction of such expenditure by the legislative assembly of himachal pradesh « (1) the reports of the comptroller and auditor- re~rts relating to general of india referred to in clause (2) of article 151 the accou;llta 10 relating to the accounts of the existing state of punjab in ~t~~:ust­respect of any period prior to the appointed day, shall be of punjab submitted to the governor of each of the states of punjab and haryana and the administrator of himachal pradesh who shall cause them to be laid before the legislature of is that state or union territory, as the case may be (2) the president may by order 20 (41) declare any expenditure incurred out of the consolidated fund of punjab on any service in respect of any period prior to the appointed day during the financial year 1966-67 or in respect of any earlier financial year in excess of the amount granted for that service and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised, and 25 (b) 'provide for any action to be taken on gny matter arising out of the said reports '\ 45 the allowances and privileges of the' governor of allow~ i h b h if d b and prlvl-h:tryana shall, unti provlsion in t at e a is ma e y leges of parliament by law under clause (3) of anicle 158, be such ~oh!:;'~ 30 as the president may, by order, determine 3 of 19<)2 58 of 1957· : 9 of 19<)2 46 the constitution (distribution of revenues) order, distribution 1965, the union duties of excise (distribution) act, 1962, of revenues the additional duties of excise (goods of special importance) act, 1957, and the e~tate duty (distribution) 35 act, 1962, shall on and from the appointed day, stand amended as <lirecte4 in the twelfth schedule part vi apportionment op assets and liabilitiesapplication of part 47 the provisions of this part shall apply in relation to the apportionment of the assets and liabilities of the existing state of punjab immediately before the appointed day 5 land and ,ooos 48 (1) subject to the other provisions of this part, all land and all stores, articles and other goods belonging to the existing state of punjab shali,-(a) if within that state, pass to the successor state in whose territories they are situated; or jo (b) if outside that state, pass to the st{!te of punjab: provided that where the central government is of the opinion that any goods or class of goods should be' distributed among the successor states otherwise than accord- is ing to the: situation of the goods, the central government may issue such directions as it thinks fit for a just and eauitable distribution of the goods and the goods ~hal1 pass to the successor states acc:>rdingty (2) store's held for specific purposes, such as use or 20 utilisation in particular institutions workshops or undertakings or on particular works under construction, shan pass to the successor state in whose territories such institutions, workshops, undertakings or works are located (?) stores relating to the secretariat and offices of hepd, i5 of o~olrtrn~i'l"s havinj;! jurisdiction over the whole of the existing state of punjab shall be divided between the successor states in accordance with such directions as the central government may think fit to issue for a just ami equitable distribution of such stores 30 (4) anv other unissued stores of any class in the i'~xistinj;! state of punjab shall be divided between the succes!;c,r states in proportion to the total stores of that class purchased in the' period of three years endinf! with the 31st day of march 1966 for the territories of the existinl! 35 state of punjab included respectively in each of th~ ,uccessor states: provided that where such proportion cannot be u-certained in respect of any class of stores or where the value of any class of such stores does pot exceed rupees ten thousand, that class of stores shall be divided between the 5 successor states according to the population ratio (5) notwithstanding anything contained in this act, the lands specified in the thirteenth schedule which were acquired by the government of the exis!ing state of punjab-(i) for the sewerage scheme of chandigarh, 10 cii) for soil conservation measures in the catchment area of sukhna lake, and (iii) for the setting up of brick kilns cf the chandigarh capital project, is together \\ith all connected works in or over such l&nd (including any plant, machinery or implements) shan vest in the union (6) in this section, the expression "land" includes immovable property of every kind and any rights in or over 20 such property, and the expression "goods" does not include coins, bank notes and currency notes 49 the total of the cash balances in all treasuries of the treasury add existing state of punjab and the' credit balances of that:::ca state with the reserve bank of india, the state bank of 25 india or any other bank immediately before the appointed day shall be divided belween the successor states according to the population ratio: provided tha t for the purposes of such division there , shall be no transfer of cash balances from any treasury to 30 any other treasury and the apportionment shall be effected by adjusting the credit balances of the successor states in the books of the reserve bank of india on the appointed day: provided further that if any successor state has no 35 account with the reserve bank of india, the adjustment shan be rna :e in such manner as the central government may, by order, direct arrears of tixes right to recover loans and advances investments and credits in certain fudds 50 the right to recover arrears of any tax ~r duty on property, mcluding arrears of land revenue, shall belong to the successor state in whose territories the property is situated, and the right to recover arrears of any other tax or duty shall belong to the successor state in whose terri- 5 tories the place of assessment of that tax or duty is included 51 (1) the right to recover any loans or advances made before the appointed day by the existing state of punjab to any local body, society, agriculturist or other person in 10 an area within that state shall belong to the successor state in whose territories that area is included: provided that the right to recover loans or advances of pay and travelling allowance to a government servant made before the appointed day by the existing state of punjab 15 shall pass tl} the successor state to which such government servant is allotted (2) the right to recover any loans or advances ' made before the appointed day by the existing state of punjab to any person or institution outside that state shall belong 20 to the state of punjab : provided that any sum recovered in respect of any such loan or advance shall be divided between all the successor states accordtng to the population ratio 52 (1) the investments made from the cash balance 25 investment account, the famine relief fund and any other general fund of the existing state of punjab, the sums at the credit of that state in the central road fund and the sums held in the defeoce bdd security relief fund shall' be divided between the successor states according to the 30 population ratio; and the investments in any special fund the objects of which are confined to a local area in the existing state of punjab shall pass to the successor state in whose territories that area is included (2) the investments of the existing state of punjab 35 immediately before the appointed day in any private commercial or industrial undertaking, in so far tis surh investments hav~ not been made or are deemed not to have been made from the cash balance investment account, shall pass to the success'll' state in whose territories the principal seat 40 of business of the undertaking is located and where on that day the principal seat of business of the undertaking is located outside the territories of the existing state of punjab such investments shall be divided between all the successor states in the population ratio (3) where any body corporate constituted under a ceratral act, state act or provincial act for tile existing state of punjab or any part thereof has, by virtue of the provisions of part ii become an inter-state body porporate, thf 5 inve!)tmen~s ill, or loans or advances to, any su('h body corporate by the existing state of punjab made before the appoint0d day shall, save as otherwise expressly provided by or unde this act, be divided between the successor states in the same proportion in which the a'lsets of the 10 body corpor:!t!~ are divided under the provisions of part vii assets and 53 (1) the assets and liabilities relating to any com- liabilities mercial or industrial undertaking of the edsting state of ~::ings punjab shall pass to the successor state in whose territories the undertaking is located 15 (2) whe~e a depreciation reserve fund is maintained by the existing state of punjab for any commercial or industrial undertating, the securities held in respect of investments made from that fund shall pass to the successor state in whose territories the undertaking is located 20 (3) where any such undertaking is located in more than one successor state, the assets and liabilities and the securities referred to in sub-sections (1) and (2) respectively shall be divided in such manner as may be agreed upon between the successor states before the 1st day of novem-25 ber, 19'7, or in default of such agreement, as the central government may by order direct 54 (1) the public debt of the ezistiag state of punjab public debt attributable to loans raised by the issue of government securities and outstanding with the public immediately be-30 fore the appointed day shall, on and from that day, be the debt of the state of punjab, and-(a) the other successor states shall be liable to pay to the state of punjab their shares of the sums due from time to time for the servicing and repayment of the debt, and 35 (b) for the purpose of determininl the said shares, the debt shall be deemed to be divided between the successor states as if it were a debt referred to in subsection (4) (2) the public debt of the existing state of punjab attributable to loans taken from the central government, the national co-operative development corporation or the khadi and village industries commission or from any other source for the purpose of re-iending the same to a specific 5 institution or class of institutions and outstanding immediately before the appointed day shall-(a) if re-ient to any local body, body corporate or other institution in any local area, be the debt of the successor state in whose territories the local area is 10 included on the appointed day, or (b) if re-ient to the punjab state electricity board or any other institution which becomes an inter-state institution on the appointed day, be divided between the successor states in the same proportion in which 15 the assets of such body corporate or insdtution are divided under the provisions of part vue (3) the public debt of the existing state of punjab attributable to loans taken from the central government for the beas project and the bhakra-nangal project as 20 defined in sub-section (4) of section 78 shall be divided between the successor states in such proportion as may be agreed upon between them, or if no agreement is entered into within two years from the appointed day, as may be fixed by order of the central government 25 (4) the remaining public debt of the existing s~~te of punjab attributable to loans taken from the central govej,"djoo, ment, the reserve bank of india or any other body or bank before the appointed day shall be divided between the successor states in proportion to the total expenditure 30 on all capital works and other capital outlays incurred or deemed to have been incurred up to the appointed day in the territories of the existing states of punjab included respectively in each of those successor states: provided that in computing such e][penditure, the 35 expenditure on the beas project and the bhaua-nangal project as defined in sub-section (4) of section 78 shall be excluded and the expenditure on other assets for which capital accoun'ls have been kept shall be taken into account explanation-where any e][pendiure on capital works 40 or other capital outlays cannot be allocated between the territories included in the successor states, such e][penditure shall, for the purposes of this sub-section, be deemed to have been incurred in those" territories according to the population ratio (5) where a sinking fund or depreciatio, fund is maintained s hy the exis~ing state of punjab for repayment of any loan referred to in sub-section (1), the si!curities held in respect o~ the inve5tments mane from that fund shall be divided between the successor statec; in the same proportion and in the same manner 10 ae; the puhlic deht referred to in suh-s~ction (3) (6) where a s~nk;ng fund or depree-iation fund is ma;ntained by the existipg state of punjah for the repayment of any 10an raised by it other than a loan referred to in sub-section (1), the securities held in respect of the jnves~ments made from that fund shall be divided between the successor states in the same pro-15 portion as the p11blic debt referred to in sub-section (4) h) in this section, the expression "government security" means a security created and issued bv a state government for the purpose of raising a public loan and having any of the forms specified in or prescribed under 20 clause (2) of section 2 of the public debt act, 1944 ~~ the llabllity j of the existinc state of punjab to :~~~ol~f refund any tax or duty on oroljertv inctudinsr laud reve- lected ill due, collected in excess shalt be the liability of the succes- excess sor state in whose territories the property is situated, and 2s the uabuity of the ai'1tmg state of pdn'ab to refund any other tax or dutycouec:ted in excess shall be the habwty of the successor state in whose territories the place of assessment of that to: or duty is included 56 (1) the '1iability of the existing state of punjab in ~~~osiis, 30 respect of any civil deposit or local fund deposit shall, on and from the appointed day, be the liabilitv of the ~uc~or state in whose territories the deposit has been made: provided that if the deposit is made in any area outside the existing state, the liability shall be that of the state of 35 puniab in the first instance and shall be adjusted between the successor &tates according to the population ratio (2) the liability of the existing state of punjab in respect of any charitable or other endowment shall on and from the appointed day, be the liability of the successor 40 state in whose territories the institution entitled to the benefit of the endowment is located or of the successor state to which the objects of the endowment, under the terms thereof, are confined provident fund 57 (/) the jiability of the existing state of punjab in respect of the provident fund account of a government ser-5 vant in service on the appointed day shall, on and from that day, be the liability of the successor state to which that government servant is permanently allotted (2) the liability of the existing state of punjab in respect of the provident fund account of a government 10 servant who has retired from service before the appointed day shah be the liability of the state of punjab in the first instance and shall be adjusted between the successor states according to the population ratio pensions 58 the liability of the existing state of punjab in 15 respect of pensions shall pass to, or be apportioned between, the successor states in accordance with the provisions contained in the fourteenth schedule contracts s9 (i) where before the appointed day the existing state of punjab has made any contract in the exercise of 20 its executive power for any purposes of the state, that contract shad be deemed to have been made in the exercise of the executive power-(a) «the purposes of the contract are, on and from the appobated day, exclusively purposes of any one of 25 the successor states,-of that state; and (b) if the purposes of the contract aft, on anel &-om that day, not exclusively purposes of anyone of the successor states,-of the state of punjab, and ah rights aad habilities which have accrued, or may 30 accrue, under any such contract shad, to the extent to which they would have been rights or liabilities of the existing state of punjab, be rights or liabilities of the successor state or, as the case may be, the state of punjab specified above: 35 provided that in any such case as is referred to in clause (b), the initial allocation of rights and liabuities made by this sub-section -shall be subject to such financial adjustment as may be agreed upon between all the successor states concerned, or in default of such agreement, as the 40 'central government may by order direct (2) for the purposes of this section, there shall be deemed to be included in the liabuities which have accrued or may accrue under any contract-5 (0) any liability to satisfy an order or award made by any court or other tribunal in proceedings relating to the contract; and (b) 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 10 provisions of this part relating to the apportionment of liabilities in respect of loans, guarantees and other financial obugations; and bank balances and securities shall, notwithstanding that they partake of the nature of contractual rights, be dealt with under those provisions 15 60 where, immediately before the appointed day~ the liabi~tjof' edsting state of punjab is subject to any liability in res- ~ra~lc pcc:t of an actionable wrong other than breach of contract, wrodl· that liability shall,-20 "" " r _"" (0) if the cause of action arose wholly within the territories which on and from that day are the territories of one of the successor states, be a liability of that successor state; and ,-" ",( tr"'rr: 25 (b) in any other case, be initially a liability of the state of punjab, but subject to such financial adjustment as may be agreed upon between all the successor states concerned, or in default of such agreement, as the central government may by order direct '" ,'"j, "" i i' ~ ", , 61 where, immediately before the appointed day, the ~i-: ~ edsting state of punjab is liable as guarantor in respect of~ _ ' :~' "~ 30 any liability of a registered co-operative society or other -: ):~_j~~(~i person, that liability of the existing state of punjab shall-~ (a) if the area of the operations of such society or person is limited to the territories which on and from that day are' the territories of one of the successor 35 states, be a liability of that successor state; and (b) in any other case, be a liability of the state of punjab: 1'37 (b~, provided that in any such case as is referred to in clause (b), the initial allocation of liabilities under this section shall be subject to such financial adjustment as may be agreed upon between all the successor states, or in default of such agreement, as the central government may by 5 order direct items in suspense 6z if any item in suspense is ultimately found to affect an asset or liability of the nature referred to in any of the foregoing provisions of this part, it shall be dealt with in accordance with that provision 10 residuary provision 63· the benefit or burden of any assets or liabilities of the existing state of punjab not dealt with in the foregoing provisions of this part shall pass to the state of punjab in the first instance, subject to such financial adjustment as may be agreed upon between all the successor states be- 15 fore the 1st day of november, 1967, or in default of such agreement, as the central government may by order direct , apportionment of assets or liabilities by agreement 64 where the successor states agree that the benefit or burden of any particular asset or liability should be appor- 20 tioned between them in a manner other than that provided for in the foregoing provisions of this part, then, notwithstanding anything contained therein, the benefit or burden of that asset or liability shall be apportioned in the manner agreed upon power of central government to order allocation or adjuatment in certain cases 6s where, by virtue of any of the provisions of this part, any of the successor states becomes entitled to any property or obtains any benefits or becomes subject to any liability, and the central government is of opinion, on a reference made within a period of three years from the 30 appointed day by any state that it is just and equitable that that property or those benefits should be transferred to, or shared with, one or more of the other successor states, or that a contribution towards that liability should be made by one or more of the other successor states, the 35 said property or benefits shall be allocated in such manner, or the other successor state or states shall make to the state primarily subject to the liability such contribution in respect thereof, as the central government may, after con_ sultation with the state governments concerned by order determine 66 all sums payable hy the union to any state or by certain s any state to any other state or to the union by virtue of ~~~ndlture the provisions of this part, or sub-section (4) of section 72, tl~8!_on or section 77, or part viii shall be charged on the conso- solidated lidated fund of india, or as the case may be, the conso- fund lidated fund ·)[the state by which such sums are payable: 10 provided that where any sums are payable as aforesaid by the union in relation to the transferred territory, the central government may by order direct that sums payable in respect of such liabilities as may be specified therein shall be charged on the consolidated fund of the uniod 15 territory of himachal pradesh part vn provisions as to certain corporations67 (1) the following bodies corporate constituted for provisions as to certai n the existing state of punjab, namely:-corpontions 20 (a) the state electricity board constituted under the electricity supply act, 1948; and (b) the state warehousing corporation established under the warehousing corporations act, 1962, -shall, on and as from the appointed day, continue to function in '} 5 those areas in respect of which they were functioning immediately before that day subject to the provisions of this section and to such directions as may, from time to time, be issued by the central government (2) any direction s issued by the central government 30 under sub-section (1) in respect of the board or the corportion may include a direction that the act under which the board or the corporation was constituted shall in its application to that board or corporation, have effect subject to such exceptions and modifications as the 35 central government thinks fit (3) the board or the corporation referred to in subsection (1) shall cease to function as from, and shall be "e~med to be dissolved on, the 1st day of november, 1967, or such earlier date as the central government may, by order, appoint; and upon such dissolution, its assets, rights and liabilities shall be apportioned between the successor states in such manner as may be agreed upon among them within one year of the dissolution of the board or the 5 corporation, as the case may be, or if no agreement is reached, in such manner as the cent ral government may, by order, determine (4) nothing in the preceding provisions of this section shall be construed as preventing the government of any 10 of the successor states from constituting at any time on or after the appointed day, a state electricity board or a state warehousing corporation for that state under the provisions of the act relating 10 'iuch board or corporation; and if such a board or a corporation is so constituted in is any of the successor states before the dissolution of the board or the corporation referred to in sub-section (1),-e a) provision may be made by order of the central \ government enabling the new board or the new corporation to take over from the existing board or 20 corporation all or any of its undertakings, assets, rights and liabilities in that state, and (h) upon the dissolution of the existing board or corporation, any assets, rights and liabilities which would otherwise have passed to that state by or under 25 the provisions of sub-section (3) shall pass to the new board or the new corporation instead of to that state 68 if it appears to the central government that the arrangement in regard to the generation or supply of electric power or the supply of water for any area or in 30 continuance of 1l1t8jlgements in regard to g<'neration and supply of electric power and supply of ",ater re~ard to the execution of any project for such generation or supply has been or is likely to be modified to the disadvantage of that area by reason of the fact that it has been transferred by the provisions of part ii from the state in which the power stations and other installations 3s for the generation and supply of such power, or the catchment area, reservoirs and other works for the supply of water, as the case may be, are located, the central government may give such directions as it deems fit, to the state government or other authority concerned for the mafn- 40 tenance, so far as practicable, of the previous arrangement 69 (1) the punjab state financial corporation estab- provisions lished unde:'r the state financial corporations act, 1951, ass to fp~jab tate loanshall on and from the appointed day continue to function cia! corpo-, th t f h' h ' f t' g un ration in ose areas m respec 0 w ic it was unc lonm -5 mediately before that day subject to the provisions of this section and to such directions, as may from time to time, be issued by the central government (2) any directions issued by the central government under sub-section (1) in respect of the corporation may - 10 include a direction that the said act, in its application to the corporation, shall have effect subject to such exceptions and modifications as may be specified in the direction (3) notwithstanding unyihing contained in sub-section (1) or sub-section (2), the board of directors of the _ , 15 corporation m~ly, with the previous approval of the central government and shall, if so required by the central government, convene at any time after the appointed day a meeting for the consideration (if a scheme for the reconstitution or re organisation or dissolu-20 tiod as the case may be, of the corporation, including proposals regarding the formation of new corporations and the transfer thereto of the assets, rights and liabilities of the existing corporation, and if such a scheme is approved at a general meeting by a resolution passed by a majority 25 of the shareholders present and voting, the scheme shall be submitted to the central government for its sanction (4) if the scheme is sanctioned by the central government either without modifications or with modifications which are approved at a general meeting, the central 30 government shall certify the scheme, and upon such certification the scheme shall, notwithstanding anything to the contrary contained in any law for the time being in force, be binding on the orporution'; affected by the scheme as well as the shareholders and creditors thereof 35 (5) if the scheme is not so approved or sanctioned, the central government may refer the scheme to such judge of the high court of pwljab and haryana as may be nominated in this behalf by the chief justice thereof and the decision of the judge in regard to the scheme shall 40 be final and shall be binding on the corporations affected by the scheme ~s well as the shareholders and creditors thereof, (6) nothing in the pr • :ceding provisions of this section shall be construed as preventing the government of the state of haryana or punjab from constituting at any time after the appointed day:ard with the approval of the central government, a state financial corporation for that state 5 under the state financial corporations act, 1951 amendment of act 6 of 1942· 70 in the multi-unit co-operative societies act, 1942, after section 5c, the following section shall be inserted, namely:-tnnsitional provision relatipg to certaip multi-unit ~pertive societies "sd (1) where, in respect of any co-operative 10 society specified in the fifteenth schedule to the punjab reorganisation act, 1966, which under the provisions of sub-section (1) of section 5a would become a multi-unit co-operative society, the board of directors adopts, by a majority of not le~s than three-fourths of is the directors, any scheme for the reconstitution, reorganisation or dis~olution of the society, including propos!ljs regarding-(a) the formation of new co-operative societies and the transfer thereto, in whole or in part, of the assets and liabilities and employees of that 20 society; or (b) the transfer, in whole or in part, of the assets and liabilities and employees of that society to any other co-operative society in the existing state of punjab or in the union territory 25 of himachal pradesh; and the state government of punjab certifies the s('heme at any time before the 1st day of november, 1966', then, notwithstanding anything contained in sub-section (2) or sub-section (3) or sub-section (4) of the said section 30 or any other law, regulation or bye-law for the time being in force in relation to that society, the scheme so certified shall be binding on all societies affected by th£: scheme, as well as the shareholders creditors and employees of all such socipties, subj€'ct to such finan- 35 cial adjustments as may be directed in this behalf under sub-s€'ction (3), but no such scheme shall be given effect to b€'fore the said day: provided that where a scheme includes any proposal regarding the transfer of assets and liabiiitiea 4q and employees to any co-operative society referred to in clause (b) the scheme shall not be binding on that existing society or the shareholders and creditors thereof, unless the proposal relating to such transfer is 5 accepted by the existing society by a resolution passed by a majority of the members present at a meeting of its general body 10 15 (2) when a scheme in respect of a co-operative society is so certified, the central registrar shall place the scheme at a meeting, held in such manner as may be prescribed by rules made under this act, of all t~e' persons who, immediately before the date of certification of the scheme, were members of the society, and the scheme may be approved by a resolution paaed by a majority of the members present and voting at the said meeting 20 (3) if the scheme is not so approved or is approved with modifications, the central registrar may refer the scheme to such judge of the high court of punjab and haryana as may be nominated ip this behalf by the chief justice thereof and the judge may direct such financial adjustments to be made among the societies affected as he deems necessary, and the scheme shall be deemed to be approved subject to those financial adjustments 25 (4) if, in consequence of the directions given under sub-section (3), a society becomes liable to pay any sum of money, the successor state vithin whose area the society is located shall be deemed to be guarantor in respect of the payment of such money and shall be liable as such' 71 notwithstanding anything contained in section 22 ~== of the banking regulation act, 1949, where on account of dye baub tht: reorganisation of the existing state of punjab, a co-35 operative bank is newly formed on the appointed day or within three months thereof in any of the successor states, 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: provided that such bank applies tu the reserve bank of india for such a licence within a period of three months 5 from the da te uf forma tion of the bank general provisions as to statutory corporauoos 72 (1) save as otherwise expressly provided by the foregoing provisions of this part, where any body ,::orporate constituted under a central act, state act or provincial act for the existing state of punjab or any part thereof serves 10 the needs of the successor states or has, by virtue of the provisions of part ii, become an inter-state body curporate, then, th€" body corporate shall, on and from the appuinted day, continue to function and operate in those areas in respect of which it was functioning and operating imme- is diately before that day, subject to such directions as may from time to time be issued by the central government, until other provision is made by law in respect of the said body corporate (2) any direction issued by the central government 20 under sub-section (1) in respect of any such body corporate may include a direction that any law by which the said body corporate is governed shall, in its application to that body corporate, have effect, subject to such exceptions and modifications as may be specified in the direction 25 (3) for the removal of doubt it is hereby declared that the provisions of this section shall apply also to the punjab univer~ity constituted under the punjab university j a-ct, 1947, the punjab agricultural university constituted 30 ~:t7 under the punjab agricultural university act, 1961, and i~~ the board constituted under the provisions of part iii of 3z of pudji the sikh gurdwaras act 1925 8 of 1 - - ~ oj ~ i, (4) for the purpose of giving effect to the provisions of this section in so far as it relates to the punjab university 3s and the punjab agricultural university referred to in sub_ section (2) the successor states shall make such grants as the central government may, from time to time, by order, determine 73 (1) notwithstanding anything conta!ned in the com- provision panie3 act, 1956, each of the followinr1 ccmpanies namely _ as t~ '" , - certaljl com-(i) the punjab export corporation; panics (ii) the punjab state small industries corpora-5 tion; and (iii) the punjab dairy development corporation; shall, on and from the appointed day, continue to function in the areas in respect of which it was functioning immediately before that day, subject to such direct:ons as may, 10 from time to time, be issued by the central government (2) any directions issued under sub-section (j) in respect of a company ref€rred to in that sub-section, mly include directions-i, i ,\_-15 (a) regarding the division of the interests and shares of the existing state of punjab in the company among the successor states; /' - i ~ (b) requiring the re constitution of the board of directors of the company so as to give adequate repre- sentation to all the successor states" ' ~; i \~' ~ ~ 1 20 74 (1) notwithstanding anything contained in section 63 temporary of the motor vehicles act, 1939, a permit granted by the provisions as to con-state or a regional transport authority in the existing tinuance of state of punjab shall, if such permit was, immediately be-= fore the appointed day, valid and effective in any area road tradi-"d b l"d ~ t' 25 therem, be eemed to contmue to e va i and euec lye 111 pon pemuts that area after that d subject to the provi::ions of 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 transpcrt authority for the pur-30 pose of validating it for use in such area: provided that the central government may, after consultation with the state goverument or governments concerned, add to, amend or vary the conditions ati:ached to the permit by the authority by which the permit was 35 granted (2) no tolls, entrance fees or other charges of a like nature shall be levied after the appointed day in respect of any transport vehicle for its operations in any of the successor states under any such permit, if such vehicle was {--~16 immediately before that day exempt from the payment of ally such toll, entrance fees or other charges for its operations within the existing state of punjab: provided that the' central goyernment may, after consultation with the state government or governments cod-5 cerned, authorise the levy of any such toll, entrance fees or other charges, as the case may be 75 wh ~re on account of the reorganisation of the existing state o)f punjab under this act, any body corporate constituted under a central act, state act or provincial to act, any co-uperative society registered under any law re-special provision relatida to retrcjicbment compensation in c enaijl casci l~ting to co-operative societies or any commercial or industrial undertaking of that state is reconstituted or reorganised in any manner whatsoever or is amalgamated with any other body corporate, co-operative society or un- 15 dertaking, or is dissolved, and in consequence of such reconstitution, rcor~anisa{ion, amaigam:ltion or dissolution, <iny workman employed by such body corporate of any such co-operative ~ociety or undertaking, is transferred to, or re-employed by any other body corpo- 20 rate, or in any other co-operative society or undertaking, then notwithstanding anything contained in section: 25f, 25ff or 25fff, of the industrial disputfs act, 1947, such 14 of i' transfer or re-employment shall not entitle him to any compensation under that section: 25 provided that -(a) the' terms and ctnditiolls 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 30 re-employment: and 14 of ii (b) the employer in relation to the body corporate, the co-operative society or the undertakinr where the workman transferred or re-employed is, by agreement or otherwise, legally liable to pay to the wo~k- 3s man, in the (,\·ent of his retrenchment, compensabon under section 25f l 25ff or 25fff of the industrial disputes act, 1947 on the basis that his service hal been continuous and has not been interrupted by the transfer or re-employment 43 of 1961 - 76 where the asset~, rights and liabilities of any body spe~al t provlslon a1 corpora e carrymg on busmess are, under the provisions of to incomethis part, transferred to any other bodies corporate which tax after the transfer carryon the same business, the losses of 5 profits or gains sustained by the body corporate first mentioned which, but fnr such transfer, would have been allowed to be carried forward and set off in accordance with the provisions of chapter vi of the income-tax act, 1961, shall be apportioned amongst the transferee bodies 10 corporate in ~iccordanc~ with the rules 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 15 corporate had itself mstained such loss in a business carried on by it in the years in which these losses were sustained 77 (1) the government of the state of baryana or conti!l~nce of facilities punjab, or, as the case may be, the central government in in certain 20 relation to the transferred territory or the union territory ~~~~~~!lti of chandigarh, shall in respect of the institutions specified in the sixteenth schedule located in the state or territory aforesaid continue to provide facilities to any other govvernment aforesaid and the people of the states and terri-2) tories aforesaid which shall not, in any respect, be less favourable to such government and people than what were being provided to them before the appointed day for such period and upon such terms and conditions (including those relating to any contributions to be made for the pro-30 vision of such facilities) as may be agreed upon between the said governments before the 1st day of april, 1967, or if no agreement is reached by the said date, as may be fixed by order of the central government i ?~i the central government may, at any time before 3~ the 1st day of april, 1967, by notification in the official gazette, spedfy in the sixteenth schedule any other institution existing on the appointed day in the 5 dd states and territories and on the issue of such notificntion, the schedule shall be deemed to be amended by the inclusion 40 of the said institution therein part viii bhakra-nangal and beas projectsrights and liabilities in regard to bhakra-nanga\ and beas projects 78 (1) notwithstanding anything contained in this act but subject to the provissons of sections 79 and 80, all rights and liabilities of the existing state of punjab in relation to 5 bhakra-nangal project and bfas project shall, on the appointed day, be the rights and liabilities of the successor states in such proportion as may be fixed, and subject to such adjustments as may be made, by agreement entered into by the said states after consultation with the central 10 government or, if no such agreement is entered into within two years of the appointed day, as the central government may be order determine having regard to the purposes of the projects: provided that the order so made by the central govern- 15 ment may be varied by any subsequent agreement entered into by the successor states after consultation with the central government (2) an agreement or order referred to in sub-section (1) shall, if there has been an extension or further develop- 20 ment of either of the projects referred to in that subsection after thl' appointed day, provide also for the rights and liabilitie-s of the successor states in relation to such extension or further development (3) the rights and liabilities referred to in sub-sections 25 (1) and (2) shall include--(a) the rights to receive and to utilise the water available' for distribution as a result of the projects, and (b) hw rights to receive and to utilise the power generated as a result of the projects, 30 but shall not include the rights and liabili~ies l1r:der any contract entered into before the appointed day hy the government of thl existing state of punjab with any person or authority uther than crl)vernment (4) in this section and in sections 79 and 80,-35 (a) "beas project" mpans the works which are either under construction or are to be constructed as components of the beas-sutlej link project (unit n and pon~ dam project on the beas river (unit ii) including-(1) beas-sutlej link project (unit i) compriring-(a) pandoh dam and works appurtenant thereto, (b) pandoh-baggi tunnel, (c) sundernagar hydel channel, (d) sundernagar-sutlej tunnel, (e) by-pass tunnel, (f) four generating units each d 165 mw capacity at dehar power house on the right side of sutlej river, (g) fifth generating unit of 120 mw capacity at bhakra right bank power house, (h) transmission lines, () balancing reservoir (ii) pong dam project (unit d) comprising-(a) pong dam and works appurtenant thereto, (b) outlet works, (e) penstock tunnels, (d) power plant with four generating units of 60 mw each ; (iii) such other works as are- ancillary to the works aforesaid and are of common interest to more than one state; (b) "bhakra project" means-(i) bh1kra-nangai dam, reservoir and works nppur tenant thereto; (11) nanga! dam and nanlal-hydel channel; (iii) bhakra main line and canal system; (iv) bhakra left bank power house, ganguwal pewer house and kotla power house switch-y3rd~ sul;stations and transmission lines; (-v) bhakra right bank power house 'lrith four units of 120 mw each bhakra '79 (1) the central government shall constitute a ~~ement board to be called the bhakra management board for the administration maintenance and operation of the following works, namely:-(a) bhakra dam and reservoir and works appuc- 5 tenant thereto; (0) nangal dam and nangal-hydel channel up to kotla power house; (c) the irrigation head works at rupar h8rike and ferozepur; 10 (d) bhakra power houses: provided that the administration, maintenance aijd operation by the said board of the generating units of the right bar:k power houle as have not been commissioned shall commence as and when any such unit is has been commissioned ; (e) ganguwal and kotla power houses; (f) su b-stations at ganguwal, ambala, hissar and delhi; and (g) such other works as the central government 20 may, by notification in the official gazette, specify (2) the bhakra management board shall l'onsist of-(a) a chairman to be appointed by the central government; (b) a representative each of the governments of 25 the states of punjab, haryana and rajasthan and the union territory of himachal pradesh to de nominated by the respective governments or administrator, as the case may be; (c) two representatives of the central government 30 to be nominated by that government (3) the functions of the bhakra manalement board shall include-- (a) the regulation of the supply of water from the bhakra-nangaj project to the states of haryana, punjab and 3s rajasthan having regard to-5 (i) any agreement entered into or arrangement made between the governments of the existing state of punjab and the state of rajasthan and (ii) the agreement or the order referred to in sub-sf:ction (1) of section 78; (u) :he regulation of the supply of power generated at the power houses referred to in sub-section (1) to any el,~ctricity board or other authority in charge of the' distribution of power having regard to-10 (i) any agreement entered into or arrangement made between the governments of the existing state of punjab and the state of rajasthan, (ii) the agreement or the order referred to in sub-section (1) of section 78, and 15 (iii) any agreement entered into or arrangement made by the existing state of punjab or the punja b electricity board or the state of rajasthan or the rajasthan electricity board with any other electricity board or authority in charge of distri-20 -bution of power before the appointed day in relation to the supply of power generated at the powc>!' houses specified in sub-section (1); (c) the eonstruction of such of the remaining works connected with the right bank power house as the 25 central government may specify; ( d) such other functions as the central government may, after consultation with the governments of the states of haryana, punjab and &jasthan, elltrust to it 30 (4) the bhakra management board may employ such staff as it may consider necessary for the efficient discharge of its functions under this act: provid(;'d that every person who immediately before the constitution of the said board was engaged in the (onstruc-35 tion, maintenance or operation of the works in sub-section (1) shall continue to be so employed under the board in connection with the said works on the same terms and conditions of service as were applicable to him before such constitution until the central government by order directs 40 otherwise: provided further that the said board may at any time m consultation with state government or the electricity board concerned and with the previous approval of tht: central government return any such person for service under that government or board 5 (5) the govcl'dmeats of the successor states ad of rajasthaa shall at all times provide the necessary funds to the bhakra manaleme:at board to meet all expenses (including the salaries and allowances of the staff) requfr~d for the discharge of its functions and such amounts shall 10 be apportioned among the successor states, the stale of rajasthan and mectricity boards of the said states in such proportion as the ceatra1 govemment may, having regard to the bendits to eae of the said states or boards, specify, 15 (6) the bhakra management board shall be under the c"untrol of the central government and shall comply with such directions, as may from time to time, be given to it by that governme"nt (7) the bhakra management board may with the 20 approval of the central government delegate such (if its powers, functions and duties as it may deem fit to the chairman of the said board or to any officer subordinate to the board (8) the central government may, for the purpcise 012; enabling the bhakra management board to function ~ffel!­tively, issue such directions to the state governments of haryana, punjab and rajasthan and the administrator of the union territory of himachal pradesh or any other aulhority, and the state government administrator or 30 authority shall comply vith such directions (9) the bhakra management board may, with the previous approval of the central government and by notification in the official gazette, make regulations \!onsistent witn this act and the rules made therewlder, to provide 35 for-(a) regulating the time and place of meetings of the board and the procedure to be followed for the transaction of business at such meetings; (b) delegation of powers and c1uties to the chairman or any officer of the board; (c) the appointment, and the regulation of the con(utions of service, of the officers and ather staff of , the board; ~) any other matter for which regulations are eeasidered deeessary by the board bo (1) notwithstanding anything contained in this aet codstrucdola or in any other law, the construction (including the eomp- ~~ 101etion of any work already commenced) of the !teas project shall, on and from the appointed day, be undertaken by the central government on behalf of the- successor stites and tfle state of rajasthan: provided that the governments of the sueecsloi" sua 15 'aef tlae state ofralasthan shall at all times )),ovlclc ft ecess ary ruds to the central govemmejal cor cqcadltqre on tlae project [including the expenses of the board i'efmred eo ha fttum(z)] and sc udoiiidb hai be appofti_ed ·the successor states - t the si i 2or da ia sud propenfoa as may ite leed " tile ~ goverament after casuitatiod wkk - goera-meats of the said states (2) for the discharge of its functions under sub-section (1), the central government may-(ii) by notification in the official guette and in f!odlultation \\ith the governments of ·the suceessor states and the state of rajasthan constitute a board to be eaued me bess construction board with such membas u it may deem fit and assign: to the board such ftdlctlons 81 it may consider necessar)li-arul 30 (b) issue such directions to the state governments of haryana, punjab and rajasthan and the administrator of the union territory of himachal pradesh or any other authority and the state governments, administrator or other authority shan comply with surh di1"ections (3) the notification constituting a boa'i'd under clause ttr) of sub-section (2) may empower the board te 8j]poldt such staft as may be necessary for tke eficlent dfaehafle fo c tts fw1ettons: :provified that every period who immediate17 befce·iije c:onst1tutiod of the board was engaged in the c~ !lstructiojl 1571(1) ls-7 of any work relating to the beas project shall continue to be so employed by the board in connection with the said works on the same terms and conditions of service as were applicable to him before such constitution until the central 5 government by order directs otherwise: provided further that the board may at any time in consultation \ ;th the state government or the electricity board concerned and with the previous approval of the central government return any such person for service 10 under that government or board (4) nothing contained in this section shall be construed as enabling the central government to reduce or enlarge the scope of the beas project as agreed to be'tween thp governments of the state of rajasthan and the existing is state of punjab except after consultation with the governments of the states of haryana, punjab and rajasthan (5) any component of the beas project in relation to ~'hich the constlllction has been completed after the appointed day may be transferred by the central govern-20 ment to the board constituted under section 79 whereupon the provisions of that section shall apply as if it were a work included in sub-section (1) of that section (6) the bhakra management board constituted under section 79 shall be re-named as the bhakra beas manage-2s ment board when any of the' components of the beas project has been transferred under sub-section (5), and the beas construction board shall cease to exist when all the components of the beas project have been so transferred part ix provisro~s as to services81 (1) in this section, the expression "state cadre"-provisions relating to au-india services (a) in relation to the indian administrative service, h1s the meaning assigned to it in the indian administrative service (cadre) rules, 1954, and 35 ~ (b) in relation to the indian police service, has the meaning assigned to it in the indian police servl~ (cadre) rules, 1954 (2) tn plare of the cadres of the indian adminlstrauft service and the indian police service for the exlsttn state of punjab, there shall, on and from the appointed day, be two separa~~ cadres, one for the state of punjab and the other for the state of haryana, in respect of each of these services 5 (3) the initial strength and composition of each of the state cadres for the states of punjab and haryana and the atrength and composition of the delhi-himachal pradesh state cadres shall be such as the central government may, by order, determine before the appointed day 10 (4) the me'mbers of each of the said services borne on the state cadres for the existing state of punjab immediately before the appointed day shall be allocated to the state cadres of the same service for each of the states of 'punjab and haryana and to the delhi-himach;il pradesh 15 'state cadres in such manner and with effect from such date or dates as the central government may, by order, specify (5) nothint; in this section shall be deemed to affect the operation on or after the appointed day of the au-20 india services act, 1951, or the rules made thereunder in relation to the state cadres of the said services referred to in sub-section (3) and in relation to the l'pembers of those services borne on the said cadres 82 (1) every person who immediately before the prov~liodl 5 - d da ° i· ° °th th _1il"_j_ f relatlnl to 2 appomte y is serv ng in connection wi e iulua-- 0 other sel\-the edsting state of punjab shall, on and fro m that day, vic:ea prov,isionauy continue to serve in connection with the afi'ei' of the state of punjab unless he is requjred, by general or special order of the central government, to 30 serve provisionally in connection with the affairs of any other successor state (j) as 800n as may be after the appointed day, the ccatral government shall, by general or special order, determine the successor state to which every penon 35 referred to in sub-section (1) shall be finally allotted for eer-~ vlc:e aad the date with effect from wlaich such allotment siaail tab dect or be deemed to have taken effect (3) every person who is finally allotted under the' provisions of sub-section (2) to a successor state shall, if be is not dlready scrvin~ therein, be made available for sewma 1h ttre suc"cessor state from such date as may be agreed ttpol\' between the governments concerned or in default of 'sueh agreement, as may be determined by the central governrnen t s (4) the central governmellt may, by _"-,es_ush olle or more advisory committ fel' - , ·af usiatiag it in reprd to-(a) the aiviaioa aad in n fif ,t •• among the &uceesler sib ; _d 10 (b) the ensuring of fair and equitable treatment; to au }tu$oas d'ectecj by tlae provisions or this eec:tion 04 'tia~ ,roper collsfc1eration of any representad0d8 lbll4e 'by such persons -(5) the foregoing provisions of this motion ,shall ,_ is apply in relati&n to anypei'sqd to whom the ppovisioba t8i·_ seetion 31 apply-(6) nothing in this section shall be d~emed to ~ on or after tre appointed day the operatioll of the ,provisions of' chapter i of part }qv of the constitution in rela- 20 tion to the determination of the conditions of service of pet"sons serving in connection with the aflairs of the 'onion or any state: provided that the collditions of semee appliqable immediately before the appointed day to the case of any 25 1jm'sdtf ~rrmf 'to 'in sub-secttbll ('1) by !ulhettioh 12j "dball 'ftbt ~ "'tfnrtal to his disat!'9'almlge e!r"ept with llle pre\h~ -1ipj1rcmtl df the eentral govertullellt proviaiom - to comi-duadce of ofticen in the same pclib 83- ):tvery 'penoa who im •• comely befol'e t_ appoiamcl aay is -holalng or coscharging the duties of any post or 30 office in connectign with the aft'airs of theemstiug state 01 "unjab in any area which on that day lalls w1thin8dl'of the successor states shall continue to hold tlae: sme pott 08l1li ill daiii 8uoamsorsaa "e_, od olli)tlm-da', to ~ been d, a', ,35 _~ by,die gonidldeatof, or edmr·ppi upl i ••• dar la, itiaat eugce8lur stale : provided that aodalq·id tilt secdoa tbe &0 prevedc - oo,t auda, cjiii~ :cia lippdja eel day from_-passin, ill relatioll to such persod 8dj or- 40 deed, his c:ont:in1llldce in sucla poa-o8iee k the central govemment may give such directiodi = of ·to the state governments of ~jab and haryana and to gowrdmedt gte administrators of the union territories of himachal :i~jo':'ft pradesb and chan4igarb as may appear to i~ to be necest sary for the purpose of sivilw effect to the foregoing provisions of this part and the state govemmedts and the administrators shan comply with such directions 85 () the publie saviee cmlllliission for ~he existing provision; state of punjab shall, on and from the appointed day, ~ab 10 ~ tide pwiiiic ·iaaicre commj"im ·for the s~ of !7!~-j\lnju mission ~ t1ei1!j'oi't 'of 'the 'punjab ?dblic service 'commission _t1)"-~o~"doae''by-1be 'cenltllim;lon in respect of any ~ 'prlt»r to the appoldtea ttay man be presented under is til&nse f(z)'fif atftth't!s 10 ihe governors of punjab and , llar,al'ja, 1md ~ ~ 'of 'punjab shall, on receipt of aa& r~, -eause 11 cij'p1 ifhereof together with a memo-'falidalft ~ijrr "ds' 'ill' 118 'possible, as te~pects the cases, if 1i'fty, "tv here the 'aaicetff 'thecjmltqission was not accept-20 8, tthe teasuds lor -suell ncm-aeceptanee 10 be laid before the legislature of the state of punjab and it shall not be mao"'", » ,'ne aueia 11' •• t 1i1cb """"""'um to be laid before the legislativeau diy ivf baryaaa pabtx iiim_ cwi8uu:s 'fiiw\il1jrms86 id clause (a) of sect_ 15 of the states reorgaaua- amendmedt dod act, 1956,-::: ::6~7 (i) for the word "punjab", the words icharyana, p~" br _1 ' tied; 30 cii) for the woi' "ad mmachal pradesh", the words "himachal pndah add chluldilarh" shad be •• bltltutec1 87 the cenu-al government may, by notification in the power to q&"~ w' mi- siida restrictiodsor modiica-= 35 _ ft&, 1iie tjiiicm taritor7 of cbandipdl :m~-aqj ·whiab os __ in8 state at ·the ·date ,f terricorial extent of idw~ 88 the p! ovisions of part ii shall not be deemed to have effec:ed any change in the territories to which any law in force immediately before the appointed day extends or appijec;, and territorial references in any such law to the state of punjab shall, until otherwise provided by a 5 competent lf'gislature or other competent authority, be constrlled es meaning the territories within that state immediat~ly before the appointed day power to lldapt laws 89 foi· the purpose of facilitating the application in relation to the state of punjab or haryana or to the 10 union territory of himachal pradesh or chandigarh of any law made before the appointed day, the app~op~iate government may, before the expiration of two years from that day, b:' order, make such adaptations and modifications of the law, whether by way of repeal or amendment, is as may be necessary or expedient, and thereupon eve-q such law shall have effect subject to the adaptations and modifications so made until altered, repealed or amended by a competent legislature or other competent authoritj expzanation-in this section, the expression "approprl 20 ate government" means--(a) a3 respects any law relating to a matter enumerated in the union list, the central government; and (b) as respects any other law,-2s (i) in its application to a state, the state government, and (ii) in its application to a union territory, the central government power ro construe la "s 90 notwithstanding that no provision or insufficient 30 provision has been made under section 89 for the adaptation of a law made before the appointed day, any court, t!'ib'jnal or authority, required or empowered to enforce such may, fo~ the purpose of facilitating its application in relation to the state of punjab or haryana, or to the union territory of himachal pradesh or chandigarh constru:: the law in such manner, without affecting the substanc~, as 5 may be necessary or proper in regard to the rna tter before the court, tribunal or authority 91 the central government as respects the union power to territory of chandigarh or the transferred territory, and =hi:~­the government of the state of haryana as respects the etc, ~~r exercising 10 territories thereof may, by notification in the official st8tut,ory gazett~, specify:" the authc?rity, officer or person who on functions and from the appointed day, shall be competent to exercise such functions ·exercisable under 'any law in force on that day as may be mentioned in that notification and such law is shall have effect accordingly 92 where, immediately before the appointed day, the lep;i proexisting state of punjab is a party to any legal proceedings ceedlilp with respect to any property, rights or liabilities subj~c~ to apportionment under this act, the successor state which 20 succeeds to, or acquires a share in, that property or ~hose rights or liabilities by virtue of any provision of this act shall be deemed to be substituted for the existing state of punjah or added as a party to those proceedings, and the proceedings may continue accordingly 2s 93 (1) every proceeding· pending immediately lefore transfe~ of pending the appomted day before a court (other than a high court), proceedings tribunal, authority or officer in any area which on that day falls within a state' or union 'territory shall if it is a proceeding relating exclusively to the territorie5 which as from 30 that day are the territories of another state or union territory stand transferred to the corresponding court, tribunal, authority or officer in that other state or union territory, as the case may be (2) if any question arises as to whether any proceed-35 fng should stand transferred under sub-srtion (l), it shall be referred to the high court having jurisdiction in respect of the area in which the court, tribunal authority or officer before"which or whom such proceeding is pending on the appointed day, i! ~ioning, and the decillon of that high court shall ~ !bal (3) in this sec:m-(q) "pm ~" _mia, sui, -_ 1fiipinl; and , (b) "coil~"tdjng court, tribunal, authority or officer" in a ~ at a unton territory mean-(i) ~ !curt, tribunal, authority or oftlcer in that stat£ !r union territory in which or before whom, tbfjroceeding would have lain if it had 10 been insti:::ed after the appohited day; or (i,) ib __ 01 cioub-, -eja _-'''''1_ authority_ aer"id tttsta~ _11_a tani,, as may be :i!termined die """,:my!w the govei ililpnt of that state or the central gov- i, ernmenladle ~,mqbe,_1iefda: ,~t­ed day b!r gomldliutnt at tir" elliatl&l'"-stat",(if punjab, tit ~ the eoln:sponding eoutt,trilnlnaj, autho~ _ r}ibhdt of 94 any pe"rsor: vfm immediately before the appointed 20 vea era to pf8ct!se in day, is enrolled 8f i pleader entitled to practise in any certain cases su bordina te coui"i! :n the existing state of punjab shan, for a period of ~ ~ from that day, continue to be entitled to practise l! those courts, notwithstanding that the whole or any pan ji the territories within the jurisdi~on 2, of those courts _~ transferred to the state of baryana or to a union ta_h) 95 the provmms of this aet shall haft etreet notwithstanding anythi~ m!odsistent therewith eolltatned in any other law 30 effect of provisions of the act inconsistent with olber laws power to remove j iftkulties 96 if any difdedsy arises in gmlli efjeet:to the jiio-visions of this a::: :he president 1da7', by order do ajl7 thing not inconsl~ with such provisions which appears to him to be na , or npedtent far tm )j1ji1jgse of removing the djm j' powtr to 97 (1) the cen=-al government ld8y,),7 notfflcauqd·ja make rule the official giw!12 make rules" to sive efleet to "pi')-visions of this ar: (2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-5 (a) the procedure to be followed by the bhakra management board and the beas construction board for the conduct of business and for the proper functioning of the boards and the manner of filling casual vacancies among the members of the said boards; 10 (b) the salary and allowances to be paid to the chairman of the bhakra management board; (c) the salaries and allowances and other conditions of service of the members of the staff of the bhakra management board or the beas construction 15 board; (d) the maintenance of records of all business transacted at the meetings of the bhakra management board or the beas construction board and the submission of copies of such records to the central govern-20 ment; (e) the conditions subject to which, and the mode in which, contracts may be made on behalf of the successor states and the state of rajasthan in relation to the functions of the bhakra management board or the beas construction 25 board; (f) the preparation of the budget estimates of the receipts and expenditure of the said boards and the authority by which such estimates shall be approved; 30 (g) the conditions subject to which the said boards may incur expenditure or re-appropriate funds from any budget head to another such head; o the preparation and submission of annual reports; (i) the maintenance of accounts of the expenditure incurred by the said boards, 35 (j) any other matter which is 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 ill 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 s 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 10 such modification or annulment shall be \\;thout prejudice to the validity of anything previously done under that rule the first schedule [see section 3(1)(e)]territories transferred from manimajra kanungo circle of kharar tahsil of ambala district in the existing state of punjab to the s new state of haryana 1 the following patwar circles:-name of patwar circle patwar circle no 10 bhareli batawar barwala majri kalka 2 so much of the territories of the following patwar circles as have not been transferred to form the union teaitory of chandigarh 15 under section 4:-name of patwar circle patwar circle no -------------------------------------manimajra mauli chandimander 79 80 82 the second schedule [see section 4], territories transferred from the existing state of punjab to form "+-the union territory of chandigarh , 1 the following patwar circles of manimajra kanungo circle of 2s kharar tahsil of ambala district:-name of patwar circle patwar circle no 30 73 74 7s 76 77 78 dhanas kalibar kailer dadu majra kanthala hallo majra i i a_ --1 2 the following villages of manimajra kanungo circle of khara! tahsil of ambala district:-name of village hadbast no ko and name of patwar circle in which village is included 5 i , 2 3 lahora sarangpur 70 lahora 71 sarangpur khuda allsher 72 kansal 34s 347 353 ·79 manimajrb :0 daria manimajra 374 } 37s 80 mauli mauli j agran bara raipur chota raipur 373 ~ 371 232 j 3 the following portions, the extent whereof is specified in is column 3 of the table below of the "illage specified in corresponding ;, entry in column 1 below of manimajra kanungo circle of kharar tahsil of ambala district, acquired by the government of the existing state of punjab by their notifications referred to in the corresponding entry in column 4 of the said table :-20 ---- --------~ n arne of village hadbast no area acquired (in acres) punjab government notification under which acquired 2 i 4 3 ---~--------------------------------------------25 77'74 c-ir544-s5!vi-ioo3,;" suketri dated the 12th november, 1955 c-ii 544/5sfvi/ 1008, dated the 12th 30 november, 1955 karoran 352 2 t4' 59 c-2707-5 1/i232, dated the 22nd/23rd may, 1951c-1058-53/1 i i i, dated the 26th 35 february, 1953 ---------- ---,---- -~-5 c-539-52jacl~: dl1~ tbe '29tb" 'j~n~ary, 1952 - c-31441/53/2106, dated the 15th april, 1953 c-2352- w-64/i/6710, dated tbe· 14th march, 1964, ; • ' ,-10 kansil lj | - | - ||------------|------------|| ~ | || | || 354 | ___ || i99·1~ | q~-s2/399, || dated | || the | || i~t | || feb,ruary, | || ,x9s20 | || "~ | ~::-:;~ || c- | || ii | || 5 | || 2 | || -5 | || 2 | || j | || 734, | || "oiltea-- | || ~:-:lslli | || february; | || -'9s2 | |4 the following villages of manauli kanungo circle of kharar tahs j' of ambala district: -' \t ------------n arne of village hadbast no no and name -of:-patwar circle in which village:ib included '' 20 1 'i - , 2 i 3 -y - ~habat } 231 233 behlana chuharpur i f 2 dharamgarh 14 kumbra 224 197 : , bair majra '25 nizampur kumhra , kujheri 12 198 199 budllt:ri kuiheri attawa ii 16 mataur--prllsnra } 20 maloya l3 201 30 maloya salah pur 222 259 260 } 22 burail "i burail • nizampur burall ihlililro 5(1)]territories repbrred to in clauses (d), (e) and (j) of sub-section (1) of section 5 transferred from the existing state of punjab to tim union territory of himachal pradesh 5 1 the following patwar circles of santokhgarh kanungo circle of una tahsil of hoshiarpur district:-patwar circle no: name of patwar circle 10 15 palkwah pubowal pollan dulahar bietan kungrat nangal kalan nangran bathu 60 62 63 64 65 66 67 68 74 2- the following villages of santokhgarh kanungo circle of una tahsil of hoshiarpur district: -20 | name | of ||---------------|-------|| hadbast | || no and name | || of | || no | || patwar circle | || 111 | || which village | || is | || included | || 1 | 2 || 3 | || 25 | || fattewal | || 4 | || 60 | || } | 6r || jakhera | || bangarh | || 4 | || 61 | || charatgarh | || 225} | || 72 | || charatgarh | || khanpur | || 226 | || chhatharpur | || 22] | || 3 | || 0 | || jatpur | || 245 | || 73 | || santokhgarh | || takhatpur | || - | || 247 | || santokhgarh | || 24 | || 6 | || bathri | || 47 | || 6 | || 75 | || bathri | || - | |3· the following villages of santokhgarh kanungo circle of una tahsil of hoshiarpur district except portions of those villages as have been included in the local area comprising naya nangal which haa been declared to be a notified area for the purposes of the punjab 5 municipal act, 1911, by the notification of the government of punjab no 2225-ci(3cl)-61-9484, dated the 21st march, 1961:-| n | arne ||--------------------------|--------------|| hadbast | no and name || of | pat\vqr || no | || circle in which village· | || ill | || included | || 10 | || i | || 2 | || 3 | || jakhera | || 229 | || 61 | || jakhera | || malikpur | || 242} | || binewal | || 243 | || 69 | || kanchehra | || majara | || 24 | || 8 | || | || 15 | || mehatpur | || 23 | || 0 | || } | || 7 | || 0 | || bhabhaur | || bhatoli | || 23 | || 1 | || basdehra | || 228} | || ajauli | || 237 | || 71 | || basdehra | || puna | || 244 | || raipur | || 218 | || 72 | || charatgarh | || 20 | || sanoll | || 249 | || 77 | || sanoll | | part ii4 village kosar forming part of una tahsil of hoshiarpur district part iii -5 the following villages of dhar kalan kanungo circle of pathan-25 kot tahsil of gurdaspur district:-name of village hadbast no the fourth schedule(see section 10) '1 of the three sitting members whose term of office will expire in the 2nd april, 1968, shri abdul ghani and shli chaman lal shall be deemed to have been elected to fill two of the seats allotted to 5 tl:lestate of haryan-a, ana shri surjit singh shall be deemed to have beep elected to fill one of the seats allotted to the state of punja~", 2 of the four sitting members whose term of office will expire on-the 2nd april,19'to, namely, -shti amip- singh, shrt jags!" narain, 10 slu"i~~~i __ ~_<>~ifl4~r k~_ur _ail~! shrij lhtamlsi~ duggalj such one as the chairman of the council of states may determine by drawing lot, shall be deemed to- have been elected to fill one of the seats allotted l) the state of haryan3, and the {)ther three sitting members shall be deemed to have been elected tb ftil three of the seats allotted to is the state of punjab 3 of the four sitti:1g members whose term of office will expire on the 2nd april, 1972, shri neki ram shall be deemed to have been elected co fill one of the seats allo~ed to the state of haryana; shri narinder singh and shri raghubil- singh shall be deemed to have 20 been elected to' 'fill fwo of the seats allotted to the state of punjab; and shri salig ram shall be deemed 'to have been elected to fill one of the seatsjal~tted;,to thepnion territory of himachal pradesh the 111"i'h schedule (see section 14) -1> amendment 01<' part h of schmule xi to the delimitation of parliamer\t\ry ,\nd assembly constituenciet;; order, 19611 below the heading "bassembly constituencies", insert the subheadi:lg "!-haryana " 30 2 delete the heading "lahaul and spiti kulu and kangra distfic-ts aree-" and· entl'i~ 1 to- la 3 for entry 14', 'substitute the following, namely:-"14 naraingarh naraingarh tahsil (excluding sadhaura, haveli and gadauli 3s zails and sadhaura me in sadhaura thana)" _ i:_p~!erte _th~_p~a_djl?g ~~im_l~_ i?is!~~gt' ,~~" _e~t,rr 2p - j 5 before entry 21 [(if the headin~ "karnal district area", substitute the headin~ "karnal and jind districts" 6 in entry 26 for the word "sangrur", substitute the word "jind" 5 7 after entry fl: insert the sub-heading "ii-punjab" 8 1'1 entry 129 for the words "and dalhousie thana", substitute the words and brackets "and zail tarhari (part) in dalhousie thana" 9 after entry 130, for the heading "hoshiarpur district area", substitute "hoshiarpur and rupar districts" "0 10 delete entries 13() and)37' and fe-number entries 138 and 139 as 136 and 137, respectively u for entry 140 substitute the following:-" 138 anandpur nangal tahsil in rupar district; and rattewal zail in balachaur thana in garhshankar tahsil in hoshiarpur district 139 rupar rupar thana in rupar tahsil; and khizrabad, sialba and tira zails in kharar thana in kharar tahsil 20 140 morinda (sc) morinda and chamkaur thanas in rupar tahsil ; and kurali town and kurali zail in kharar thana in kharar tahsil 1401\ kharar | | kharar | tahsil (excluding | khizra ||--------------|-----------|----------------------|-----------|| bad, sialba, | tira | and | kural || zaus | and | kurali town in | || kharar | thana)" | | |12 in the appendix, omit the entries relating to amhala district 13 insert the following ~ote at 'he end of this part, namely :-30 "note-any reference in entries 14,26, 138 and l40a of this part to a district, tah-;il, kanungo circle, patwar circle or other territorial division shall be taken to mean the area comprised within that district, tahsil, kanungo circle, patwar circle or other territorial 35 ':,' division on (he 1st day of november, 1966, including all municipal - towns and forest villages lying within the periphery" , , ii amendment of the schedule to the delimitation of terri-torial council cnxsfltcencles (himachal prai)fsli) ornh, 1962 j in i'aragrdph 5, fllr the words "shall be taken", substitute "shall save as otherwise expressly rrnyided, be taken" j 2 after entry 41, add the following, namely :-" lahaljl :\~d spiti, kl'lu akd kangha districts 42 kulu 43, seraj (sc) 44 palampur 45 kangra - 46 dharamsala | lahaul | and | spiti | district and ||---------------|------------|--------------------|-----------------|| kulu | thana | (excluding | kana- || war, | harkandhi, | chung, | kot || kandhi, | bhallan | and | sainsar || zails) in | kulu | tahsil | of || kulu | district ; | and | bir || zail | | | || in | palampur | thana | in || palampur | tahsil | of | kangra || district | | | || seraj | thana | and | kanawar, || kandhi, | chung, | | || kat | | | || kandhi, | | | || bhallan | and | sainsar | zails || in | | | || kulu | thana | in | kulu || of | kulu | district | || 2 | | | || palampur | thana | (excluding | || naura | and | bir bhangal zails) | || in | | | || palampur | tahsil | | || kangra tahsil | (excluding | | || dha- | | | || ramsala | thana, | shahpur | part- || 2 | | | || thana | and | n arwana, | chetru, || tayara | and | ramgarh | part- || zails in | kangra | thana); | || changar | zail | in | dera || tahsil; | sujanpul | part-thana | and || 1 | | | || naura | zuil | in | palampur || thana in | palampur | tahsil | || dharamsala | | | || thana, | shahpur | | || part-thana | and | narwana, | || chetru, | tayara | and | ramgarh || 3~ | | | || part-zails | in | kangra | thana || in | kangra | tahsil | |47 nurpur nurpur tahsil; and dhameta and nagrota zails in dera gopipur tahsil 4( | 48 | dera | gopipur ||------------|----------|-------------------|| dera | gopipur | tahsil (excluding || dhameta, | nagrota | and || gar | zails) | || 49 | hamirpur | esc) || ugialta, | | || zails in | | || 4~ | | || sujanpur, | rajgir, | || mewa | | || and | mehlta | || hamirpur | tahsil | || 50 barsar | | || hamirpur | tahsil | (excluding || sujanpur, | rajgir, | ugialta, || mewa | | || and | mehlta | zails) |5i amb amb thana and pandoga and basal zails and khad partzail in una thana in una tahsil 52 una 5 una ~tahsil ~(excluding~: amb thana and pandoga and basal zails and khad part-zail in una thana) in kangra district simla district]0 53 simla simla district (excluding nalagarh tahsil) 54 nalagarh nalagarh tahsil in simla district " 3 insert the foilowing note at the endofthe schedule, namely :-is ~o "note-any reference in entries 3, 4, 42, 43, 50, 5 _~ and 54 of this schedule to a district, tahsil, kanungo circle, patwar circle or other territorial division shall be taken to mean the area comprised within that district, tahsil, kanungo circle, patwar cirde or other tl!rritorial division on the 1st day of november, 1966, induding all municipal areas, notified areas, small town areas and forest villages lying within the periphery" the sixth schedule (see section 21)modifications in the delimitation of council constituencljis (punjab) "'5 order, 1951 in the table appended to the said order-(i) in the entries under the sub-heading "graduates' conslilueru;ies"-(i) in column 2 against the entry "punjab north graduates", fur the existillg entry, substitute the following, namely:-30 "amritsar, gurdaspur and hoshiarpur districts "; (i,) for the existing entries 2 and 3, substitute the following, namely:-"2 punjab central grlduates 3 punjab south graduates 3s ferozepur, kapurthala and jullundur districts i ludhiana, rupar, patiala, sangrur, and bhatinda districts i"; an d (iii) omit entry 4; (2) in the entries under the sub-heading "teachers constitueftcies"-(i) in column 2 against the entry "punjab north teachers", for the existing entry, substitute the following, namely:-s "amritsar, gurdaspur and hoshiarpur districts"; 10 (ii) for the existing entries 2 to 4; substitute the following, namely:-"2 punjab central teachers ferozepur, kapurthala and jullundur districts 3 punjab south teachers ludhiana, rupar, patiala, sangrur and bhatinda districts i" ; and (3) under the sub-heading "local authorities consliluencies"-is (i) omit entries 3 and 11 to 15; (ii) for entry 10, substitute: following, namely:-"10 patiala-cum-rupjr local authorities patiala and rupar districts 2" ; and (iii) in column 3, against entries 5, 6 and 9 relating to jullun- 20 dur local authorities, ferozepur local authorities and ludhiana local authorities, for the existing figure' "1", substitute the figure "2"; (4) in paragraph 3 of the order, for the word and figures "aprij, 1965", substitute the word and figures "november, 1966" ~5 the seventh schedule (see sections 16 and 23) list of members 01-' the legislative council of punjab who shall cease to be such members on the 1st day of novembl!r, 1966 part a1 shri chander bhan 2 shri amir singh 3 shri s l chopra 4 shri shri chand goyal 5 shrimati lekhwati jain 6 shri om prakash 7 shri premsukh das 8 shri birender singh part b 5 10 1 shri sher singh 2 shri dharam singh 3 shri nasib singh 4 shri sultan singh 5 shrimati lajja 6 shri beli ram 7 shri siri chand 8 shrimati savita behan the eighth schedule [set section 27 (1)]is a \ibndment of the co:--lstitl1flon (schbdl1lbd castes) ordbr, 1950 (1) for paragraph 4, substitute-20 25 "4 any reference in this order, except in parts iv, iva, viia and x of the schedule, to a state or to a district or other territorial division thereof, shall be construed as a reference to the state, district or other territorial division, constituted as from the first day of november, 1956,any reference in parts iv and vila of the schedule to a state or to a district or other territorial division thereof shall be construed as a reference to the state, district or other territorial division constituted as from the first day of may, 1960and any reference in parts iva and x of the schedule to a state or to a district or other territorial division thereof shall be construed as a reference to the state, district or other territorial division constituted as from the first day of november, 1966" (2) after part iv, the following part shall be inserted, namely:-- ~ :;;: '"'"'30 i ' 35 "part iv a-haryarw 1 throughout the statl' -1 ad dharmi 2 ba,ngali 3 barar, burar or berar 4 batwal 5 bauria or ba\' "aria li bazigar 7 balmiki, chura or bhangi 8 bhanjra e--? - 9 chamar, jatia chamar, rehgar, raigar, ramdasi ravidasi10 chanal 11 dagi 12 dhanak 13 dumna, mahasha or doom 14 gagra 15 gandhila or gandil gondola 16 kabirpanthi or julaha 17 khatik 18 kori or koli 19 marija or merecha 20 mazhabi 21 megh 22 nat 230d 24 pasi 25 perna 26 pherera 27 sanhai 28 sanhal 29 sansi, bhedkut or manesh 30 sapela 31 sarera 32 sikligar 33 sirkiband 2 throughout the state except in the \lahendragarh and jiud €iistrict:-1 darain 2 dhogri, dhangri or siggi 3 sansoi 3 in the ,vbhcndrtgarh and jind districts:-d£>ha, dhaya or dhea" (3) in part x, omit the word "mohindergarh" occurring in par graphs 2 and 3 thereof the ninth schedule [sec section 27 (2)] amendment of the constitution (scheduled castes) (union ti-:rritories) ordfr, 1951(1) for paragraph 4, substitut(>:-10 "4· anv reference in this order except in parts ii and v of the schedule, to a union territory shall be construed :is a t'~fer­ence to the territory constituted as a union territory as from the 1st day of november, 1956; and any refcrenc to a union territory in parts ii and v of the schedule shall be constnle:i lls a reference to that territory as existing on the 1st day of november 1966" (2) in part ii of the schedple-15 (a) for the words "throughout the union ten-itory", the figures, words and brackets "1 throughout the union territory except the territories specified in sub-section (1) of section 5 of the punjab reorganisation act, 1966" shall be substituted; (b) the following shall be added at the end:-20 "2 in the territories specified in sub-section (1) of section 5 of the punjab reorganisation act, 1966 :_ 1 ad dharmi 2 bangali 3 barar, burar or berar 4 batwal 5 baurira or bawaria 25 6 bazigar 7 ba]miki, chura or bhangi 8 bhanjra 9 chamar jatia chamar rehg!ir, raigar ramdasi or ravidasi 30 10 chanal 11 dagi 12 darain 13 dhanak 14 dhogri dhangri or siggi 15 dumna mahasha or doom 16 gagra 17 gandhila or gandil gondola 18 kabirpanth 1 or julaha 19 khutik 20 kori or koli 21 marija or marecha 22 mazhabi 23 megh 24 nat 250d 26 pasi 27 perna 28 pherera 29 sanhai 30 sanhal :u sansoi 32 sansi, bhedkut or manesh 33 sapela 34 sarera 35 sikligar 36 sirkiband (3) after part iv the following part shall be inserted:-part v-chandigarh 1 ad dharmi 2 bangali 3 barar, burar or berar 4 batwal 5 bauria or bawaria 6 bazigar 7 balmiki, chura or bhangi 8 bhanjra 9 chamar jatia chamar rehgar raigar} ramdasi or ravidasi 10 chanal 11 dagi 12 darain 13 dhanak 14 dhogri dhangri or siggi 15 dumna, mahasha or doom 16 gagra 17 gandhila or gandil gondola 18 kabirpanthi or julaha 19 khatik 20 kori or kolt 21 marija or marecha 22 mazhabi 23 megh 24 nat 250d 26 pasi 27 perna 28 pherera 29 sanhai 30 sanhal 31 sansoi 32 sansi, bhedkut or manesh 33 s"p~la 34 sarera 35 sikli~ar 36 sirkiband the tenth schedule [see section 28(1)] amendment of the constitutto'!\f (scheduled tribes) order, 1950part x shall be omitted the eleventh schedule [see section 28(2)] amendment of the constitutio~ (scheduled tribes) (u!'>ion territories) order, 1951(1) for paragraph 3, 5ubstitute-- -"3 any ref~r"'nc? in 'h"s ord~r, exc'pt in part i of th~ ~ch"'du'e, to a union territory shall b~ construed as a reference to the territory constituted as a union territory as from the lst day of nov"mber '9~6: ~rd ~ry t'( terc" t"l a u,;n, terr't'lry in p'rt t of the sched'lle sh n be c:ms+rueci a-; a reference to thlt territory constituted a~ ~ union territory a, ex's:'n:; 0:1 the 1st day of november, 1966" (2) in part i of the scheriule-ca) for the wordc: "thr,,·,·"rnut the unirn tel""itnry" t"'p fi:--i'tr" , words a"rt brac'~etc; "1 thr,)1l~h'l11t thp un;"n te"ritrry excl'fj~ t"~ ter-j+"r'",c; <"!le'cifi('n ;n c:u',-~"'('''ion (j) "f c::p"t;'ln 5 of the punjab reorganisation act, 1966 " c::hlll be substituted; and (b) the following shall be lidded !\+ the end:-"2 i" laha'll and spiti district:-1 gaddi 2 swangh 3 bhot or booh" the tw!2lft:-t schedule (see s!'ction 46) i amendment to the co~stttrtj()n (distrirt:tion of revenl"es) order, 1965th'? following provi!;os shall be inserted immect:at~ly below the table in sub-paragraph (2) of 'jaragraph 3 of the oidrr, namcly'- 20 "provided that the share (,f taxes oil income payable to the state of punjab as it existed ilnmediately before the 1st d' y (,f novemhfot, 1966, ~h,11 h~ c'"lno;tru -d f's fr'm rh1t d t 80; pry1bje to th~ state o~ harvana and the state of punjab and the union the 25 proportion of 37'38: 54'84 : 7'78 : provided further that th~ :;~1are auccable to the union ~hall be retained by it and shall be d:!cmed to form part of the consolidated fund of ir:dia," ii amendments to the unto~ duties of excise (distribution) 30 act, 1962the' following- provisos shall be :nserted immediately after the table in section 3 of the act namely:-"provided that the share 0; the d:stributable union dufes of ('xcise payable to the state of punjab as it existed immedidte-ly before the 1st day of novcmb::r, 19f6, shjil be cjnstrued, as from lhut 3~ date, as payable to the state of haryana and the state of punjab and the union in t~e proportion of 3738:5484:778: 5 provided further that the share allocable to the union ~hall be 1 etaincd by it anli shall not be withdrawn from the consolidated f'und of india" iii amend'dents to the ad::>ltio~al duties of excise (goods op- ·i '~j special importance) act, 1957 the following pnv;s s shall be ins:rted at the end of the table in paragraph 2 of th~ second schedule to the act, namely:-"":"'" ' ~ 10 "provided that the share of the additiomil duties of excise payable to the state of punjab as it existed im:n d lt'!:y before "to" ;> th~ 1st day ofnovcmb~r, 1956, shlll be co:st: u-:d, £s f10m ihlt date, as payable to the state of haryana and the state of punjab and the union in the proportion of 3738: 5484 :778: :~ provided further that the share allocable to the union shall be retained by it and shall not be withdrawn from the co,l'1solidated fund of india," iv amendments to the estate duty (dlstri[ction) act, 1962the follo\\ing provisos shall be inserted at the end of clause (b) of 20 &ub-s<'ction (2) or section 3 of the act, namely:-"provided that the share payable under clause ('1) lo the st-c of pu jib, as ~t ::xi,;tcd 'mm date·y brore lh~ 1st d y of no·"mber, 1965, shall be cunstrued, as from that date, as payable to the stat:? of saryana and the state of punjab and the unioa in the 25 proportion ojf 3738 : 5484 : 778: i provid=~ further that the share allo~able to the union shall be retain2d by it dnd shall b~ deemed to form part of the con-, s~);ldated fund of tndia" \ -\ 30 the thi1teenth schedule ( sec section 48) (r) lands a:qui!"ed for th~ sewerage sc:'eme of chandigarh:-hadba&t no s name of village no 3 i 2 area in puni:tb govemm~nt n~:ilic:aacres lion under wluch ~quired 4 5 261 4'58 1 c-10n-w-60 x '456 ,j dated t 11th may, i96s 3s l jagatpura -, 2 kambali 225 4' 18 c-47-(i)-w-i '76$9 dated j ilth mlrcb 1966 ~---------------------------------------------r 2 3 4 3· taraf kumbra 5 6-07 , 4· kumbra 6 s-38 , kumbala 226 20'28 c-298s-w-6z!i'132s4, dated s 10~ ~ay 1962 6 chilla 3 s'62 c-6718-w-6)'1/60761, dated 11th ~arch 1964· 7 papri 269 s':u 8 manauli 270 4'28 10 9· chacho majra 268 8's2 10430-w -4-62'34079, dated 6,8th november 1962 10 matran 267 2'78 ii bakarpur 264 3-68 total 70 s8 (2) la-ds rcqu'red for soil conservation measures 1d th'! catchment area of sukh1a l_k~:-s name of viljaae hadbast area in punjab government notitica-no ~o acres l bon unjer which acquiied 1 2 3 4 , :2 i suketrj 376 1452'07 517-ft,-jv/(6))'474, dated 13th february, 1963· 2, manakpur (kbol-gama) 104 346'45 1789-fr-tv:63 '898, dated istb march, 1963 3· kuranwala 105 461 '00 4· dbamala - 122 198'94 1 s· dara khurani - 390 ss7-b [ 6 kansil 354 2155-81 j ----tct-\l 6172 09 ----(3) land ;-acquired for the setting up cf brick kilns of the chandigarh capital pr\,ject :- name of village s no hadbast area in punjab govcrdmcnt not i fica-no acres tion udaer which acquired i 2 3 4 s 5 \ , i judian 379 68'93 c-73-s2!s8, dated sth january, 19s2 c-s04-s6/viis26,) dated 2ist january, 1956 c-i6so-w-60,xi37469, dated _ sth september, 1960 in 1 the fourt eenth schedule (see :-ection 58) apportionment of liability in respect of pensionsis 1 subject to the adjustments mentioned in paragraph 3, each of the s:jccessor states shall, in respect of pensions granted before the appointed day by the existing state of punjab, pay the pensions drawn in its treasuries 2 subject to the said adjustments, the liability in respect of pen-20 sions 01 omcers serving in connection with the affairs of the existing state oi punjab who retire or proceed on leave preparatory to retirement before the appointed day, but whose claims for pensiors are outstanding imidld3tc1y before that day, shall be the liability (if the :stjte of punjab , , 3 there shall be computed, in respect of the period commencing on the appointed jay and ending on the 31st day of march, 1967, and m respect of each subsequent financial year, the total payments made in all the successor states in respect of the pensions referred to in parag!"jphs 1 and 2 that total representing the liability of the 30 exisli;1g state of punjab in respect of pensions shall be apportioned bdwfcn the successor states in the population ratio and any successor state paying more than its due share shall be reimbursed the' excess amount by the suc~essor state or states paying less 4 the liability of the existing state of punjab in respect of pc'n-35 s;ons granted before the appointed day and drawn in any area outside the territories of the existing state shall be the liability of the state of punjab subject t9 adjustments to be made in accordance with paragraph 3 as if such pensions had been drawn in any treasury in the state of punjab under parall'aph 1 "} --5 (1) the liability in respect of the pension of any officer serving immediately before the appointed day in conne::tic;1 wlh the affairs of the existing state of punjab and relring on or after that day, shall be that of the successor slate granting the pension; but the portlon of the pension attributable to the servi:e of any such officer before 5 the appointed day in connection with the affairs of the existing state of punjab shall be allocated between the suc\:essor states in the populauon ratio, and the government granting the pension shall be entitled to receive from each of the other su:cessor states its share of this liability 10 (2) if any such officer was serving after the appointed day in connection with the affairs of more than one successor state, the successor state or states other than the one granting the pension shall reimburse to the government by which the pension is granted an amount which bears to the portion of th~ p~nsion attr~b:jtab~e to hi3 i,s s~rvice after the appointed day the same ratio as the period of his qualifying service after the appointed day under the reimbursing state bears to the total qualifying serv~ce of such officer after the appointed day reckoned for the purposes of pension 6 any reference in this schedule to a pension shall be construed l as including a reference to the commuted value of the p~nsion the fifteenth schedule(see section 70) i t:le p ujab state c>-op:ra:ive bmk ltd, c:llndigarh 2 t~le p~lnjlb state c)-jperative land :\brtgag~ bmk ltd, ch';l:ldig:ri~ 3 t~l! panjab state c:>-op!rative supply and \hrketing federation ltd chandigarh 4 the punjab co-operative union ltd, chlndigarh 5 t:l! p j:tjlh state c'>-j;l!rative ll~:)ur a:lj c'lnstruction fejeratio ltd, chandiglrh 6 the punjab state handloom weavers apex co-operative society lt chandigarh 7 t~l~ pa:tjab state co-operative suglf m:lls f(d !ration ltd, chandigarh 8 the punjab state federation of consumers co-operative wholesale 3' stores ltd, chandilarh the p j 1; 1') s :rc c: )-):>~;'ltiv~ i:d:ntrial f~deration ltd, chandigarh ~ 9 10 t:l'~ ruplr c~ntral co-~pera:ive bank ltd, rupar ii t:l:: knb 11a central co-operative bank ltd, ambala city 12 the h )s!liarpur central co-operative bank ltd, hoshiarpur ~ tj the smgrur central cc-:)perative bank ltd, sangiuf 14· t'l"! g j"d bpar c ~n ~ral c)-operative bank ltd, gurdaspur 15· tl ~ j )5::1 f~a c ~r"al c )-op~rative bank ltd, nalagarh 16 17· tl ~ h );'lilrpur pdmary lmd mortgage bank ltd, hoshiarpur tl! g l~j up"lr p imlry land mortgage bank lcd, gurdaspur 1:> 18 the sunam primary land mortgege,bank ltd, st:ilsm (sargn:r), the primary co-operative land mortgage buk ltd, chandigarh 19· 20 the rupar sub-division wholesale cc-crerafve supply and marketing society ltd, rupar (amba1a) 21 the hoshiarpur district wholesale co-operative supply and mljketidg society ltd, hoshiarpur ,'5 \ 22 th~ gurd lspur district wholesale go-operative st:n:1y and m81keting sj::i~ty ltd, gurdlspur 23· the sangrur district wholesale co-operative st:fi:1yand majkctirg society ltd, sangrur 2024 the ambala co-operative labour and construction union ltd, ambala city 25 th~ gjrdlspur co-operative labour and colwtruction union ltd, gurdaspur the sixteenth schedule (see section 77) l;st of institlitions where existing fac lities should be continued1 land reclamation, irrigation and power research institute, amritsar 2 hylraurc research institute, malakpur f 30 3 police training school phillaur , 4 finger print bureau, phillaur 5 r2cruits training ceni:rc, jahan kilelan 6 constables advance trainin~ centre, ambala 7 wireless training centre, chandigarh i' l-8 forensic science laboratory, chandigarh 9 gram sewak training centr~, nabha 10 gram sewak training centre, batala 11 panchayats secretaries training centre rai, district rohtak 12 dental college, amritsar 5 13 ayu~edic col1~ge, patiala 14 public health schooi, amtitsar 15 tb centre, patiala for tb health visitors course 16 punjab mental hosnital, amritsar 17 tb sanatorium, amritsar 10 18 tb sanatorium, tanda, di5tr'ct kangra 19 hardinge sanatorium, dh~rampura, district simla 20 tb hospital, hermiage, sarlgrur 21 bt and bed training colleges at simla dharam-::a1a, j'ullundur, faridkot and patiala is 22 college' of physical education patiala 23 sports college for bovs jullundur 24 sports college for women, kurukshetra 25 bikram coliege of commerce, patiala 26 • tail training centre, hissar 20 27 government institute for the blind, panipat 28 training ce'ntre for the adult blind sonepat 29 jbt training centr~ ;~ gandhi vanita ashram, jullundur 30 after care home, amritsar 31 after care home madhuban (karnal) 25 32 protective home c)angrur 33 laboratory or chenlical examiner patiala 34 hygiene and vac~ine institute, punjab, amritsar 35 government press chandhzarh 36 p'st g-a·1uate in';tj:ute of mcd:cal edt:cation and rcsca~ch 30 ch-nd·garh 31 pu- jah enginee"ing crll~e, chand:garh 38 c"i'lege rf a-chi"ecure chsr:d·garh 39 genet'll h'sp;-al, chanfgarh 40 gwerrment college for women, chard:garh 35 41 goverrment college f:>r men, chandigarh 42 home scierce college, chandigarh on the 21st march, 1966 it was announ~cj in the lok sabhi\ that <io-\,ernment had decided to accept, in principle, the reorganis3ticm l,f the existing state of punjab on linguistic hasis on tht: 18th \pril, 1966, the house was informed that necessary legislation would be brought forward for the reorganisation of the state as soon as the boundaries of the new states were settled and necessary legislation to amend article 3 of the constitution to enable the transfer of certain areas of the existing state to the union territor~ of himachal pradesh was enacted the punjab reorganisation bill, 1966 is designed to reorganise the existing state so as to constitute two separate states of punjab and haryana and a new union territory by the name of chandigarh and to transfer certain areas of the existing state to the union territory of himachal prlldesh the bill provides for the territories of the two states and the new union territory and also specifies the areas to be transferred to the union territory of himachal pradesh and makes the necessary supplemental, incidental and coil~;quential provisions in relation to such reorganisation, including representation in parliament and in the state legislatures the notes on claus es explain in detail the nlrious provisions of the bill new delhi; g 1 nanda the: 27th augus{, 1966 president's recommendation under articles ~, ii7 and 274 of the constitution of india· / ![copy of letter no f i7/48/66-sr, dated the 30th august, 1966 from shri jai sukh lal hathi, minister of state in the ~'ini5try of home affair to the secretary, lok sabha] the president having been informed 01 the subject matter of the bill hi provide for the reorganisation of the existing state of punjah and for matters connected therewith, recommends the introduction of the bill in the lok sabha under articles 3, 117(1) and 274(1) of the constitution and the consideration of the bill in the lok sabha under article 117 (3) of the constitution 1537 (d)-ii clause 2, sub-clause (;)-according to the 1961 census, the population of the existing state of punjab is 203' 07 lakhs the population of the new state of haryana would be about 7s 90 lakhs and of the state of punjab after reorganisation would be about iii' 36 lakhs the population of the areas proposed to be transferred to himachal pradesh would be about 14'61 lakhs and that of the union territory of chandigarh, about i' 20 lakhs the population ratio between the states of haryana and punjab an d the union has been detennined on this basis clauses 3 to 8 and the first, second and third schedules-sub-clause (1) of clause 3 provides for the formation of the new state of haryana by transterring thereto from the existing state of punjab, five districts, two tahsils of sangrur district, three tabsits of ambala district and certain areas of kharar tahsil of ambala district including the areas specified in the first schedule clause 4 provides for the formation of the union territory of chandigarh comprising the area of the chandigarh capital project and certain adjoining areas as specified in the second schedule clause 5 provides for the transfer to the union territory of himachal pradesh of four districts of the existing state of punjab, n alagarh tahsil of ambala district and certain areas of una tahsil of hoshiarpur district including those specified in parts i and ii of the third schedule and the villages of dalhousie, baluft and bakloh which are at present part of gurdaspur district some of the e?cisting revenue units such as districts, tahsils and kunungo :ircles would be broken up as a result of provisions made in clauses 3, 4 ,md s provision has, therefore, been made in clauses 3, 5 and 6 either to constitute these broken units into separate revenue units or to integrate them with the adjoining revenue units clause 7 seeks to make certain consequential amendments in the first schedule to the constitution and clause 8 expressly saves the powers of the governments of punjab and haryana and the administrator of the union territory of himachal pradesh to alter, after the appointed day, the name, area or boundaries of any district or other territorial division c'lauses 9 to ii and the fourth schedule-these clauses deal with the i~",\!sentation of haryana, punjah and himachal pradesh in the cotmcil ot st1"~s there are at present 1 1 members representing the existing state l\' ~\mjab and two members representing the union territory of himachal p1~lesh in the said council the allocation proposed in clause 9 in 1"eic!«t of haryana and punjab is based on the formula, one seat per million t", ,he first five millions and one seat for every additional two millions l\' ,"irt thereof exceeding one million of the population according to 1951 l'e"'us, on this basis, the state of haryana has been allotted 5 seats and pm\hlb, 7 seats provision has also been made for allotting one more seat to ttimachal pradesh the manner in which the existing ii slttjng nlt'i\,t"lers are proposed to be allocated to fill these seats has been indicated in he fourth schedule on this basis, 4 of these members will fi)] the selhii allotted to haryana, 6 will fill the seats allotted to punjab and one ml'l\\her will fill the extra seat allotted to the union territory of himachal pr",iesh there will be two vacancies, one ir punjab and one in haryana, anll ihese will be filled in accordance with the provisions of clause 1 i i :lause 12-this clause provides that so far as the existing house of the i 'c:ople is concerned, the sitting members representing the constituencies in thl! dreas comprised in the existing state of punjah will continue to represenl ahose constituencies i ,'lames i3 to i9 and the fifth schedule-these clauses make provisions in rplipect of the legislative assemblies of haryana, punjab and himachal prad"lih at present there are is4 members in the legislative assembly of j,,,njab and the himachal pradesh legislative assembly has 41 elected and j wo nominated members on the basis of territorial location of the codiii iluencies from which the 1 s4 members were elected, 54 members have h~en allotted to haryana and 13 to himachal pradesh and the remaining 87 i,,~:anbers will continue to be members of the legislative assembly of punj,,, as article 170 of the constitution envisages that the legislative asse"hly of a state shall consist of not less than 60 members, it has been provided in clause 16 that eight members of the legislative council of the exisf lug state of punjab who have been elected to that council from territorill' ii1ilstituencies which will fall wholly or mostly in haryana but will ce01il(' hi be members of this council on reorganisation of the state shall becof"c members of the legislative assembly of haryana thus, as from the fwpl)inted duy, the number of seats in the legislative assemblies of harylflui, punjab and himachal pradesh will be 62, 87 and 56 respectively (,,,,use 14 read with the fifth schedule provides for the necessary adjulffment of assembly constituencies in the states of haryana punjab and ,'jc union territory of himachal pradesh as the deputy speaker of the legislatiyc assembly of the existing st,p of punjah will become a member of the legislative assembly of haryun it has been provided in clause r 8 that she will continue to be the deplll speaker of that assembly pro\'ision has also been made in that clause for , deputy speaker being elected by the legislative assembly of punjab and, speaker being elected by the legislative assembly of haryana after tht appointed day other clauses are consequential and self-explanatory '" clauses 20 [0 22 /llld rhe se'l'cllih schedule-these clauses deal with thl' legislative council of the existing state of punjab at present there art' 51 members in that counci 1 it is proposed not to have any legislative council in the state of haryanu the strength of the legislative council of punjab is proposed to be reduced from 51 to 40 it is proposed that the nine members representing territorial constituencies of the existing legislative council which lie wholly or mostly in areas which would cease to be part of the existing state of punjab will cease to be members of the legislative council there are ih members in the council elected by the members of the legislatiyc assembly of punjab, out of whom 5 members who are ordinarily resident in areas which will form part of haryana or himachal pradesh will also cease to be members of the council as the number of nominated members is to be rejuced from 8 to 6, two of those members who are due to retire in 1968 will also cease to be members of the council the names of the 16 memhers who will thus ccase to be members are given in the seventh schedule the resultant s vacancies in the council will be 4 in the local authorities' constituencies and one among members elected by the legislative assembly and will be filled in the manner set nut in sub-clause (6) of clause 22 the deputy chairman of the existin~ legislative council of punja~ will ccase to be a member of that council on th( appointed day provision has, therefore, been made in sub-clause (9) of clause 22 for the election of a new deputy chairman ofter the appointed day consequential amendments to the third schedule to the representation of the people act 1950 and also to the delimitation of council constituencies (punjab) order, 1951 arc proposed in clauses 20 and 21 clauses 23 co 2s-clause 23 provide!) for the allocation of seats to haryamt, punjab and himachal pradesh in the house of the people to be ::onstituted after the next ~eneral election at present 22 seats have been r "ilotted to punjab and 4 seats to himachal pradesh i n the house of the ·people according to the alloca~ion proposed in clause 23 the state of haryana will have 9 seats, punjab 13 seats and himachal pradesh 6 seats provision has also been made for allotting one seat to rhe t:nion territory ()f chmjigarh and for resen'ation of seats for scheduled castes in haryana, i'unj! band himal'hal pradesh these resel'\'atinns h",'e heen wnked (lut on the hasis of the 1961 census , t clause 24 provides thut the legislative assemblies of haryana <1j~d punjah to he constituted after the next general election shall have 81 and 104 eats respectively and that the legislative assembly of himachal pradesh shall have 54 seats to be filled by direct election in addition to those seats which may be filled by nomination in accordance with section 3 (j) of the government of union territories act, 1963 reseryuticns for scheduled castes in hoth the states and for scheduled castes and scheduled trihs j ~n himachal pradesh provided in this clause have also been worked ('ut r n ~e basis of the 1961 census clause 25 provides for the delimitation of constituencies by the delimitation commission constituted under the delimitation commission act, 1962 cl!luse 26-with the rel'rganisation of the state of punjab, the regional committees will cease to exist accordingly clause 26 seeks to amend article 371(1) of the constitution so as to omit from that article the' reference to the state of punjab clauses 27 and 28 and the eighth, ninth, tenth a"d blet'enth schedules--with the reorganisation of punjab certain amendments are necessary in the constitution (scheduled castes) order, 1950, the constitution (scheduled castes)(union territories) order, 1951, the constitution (scheduled tribes) ,',-grder, 1950 and the constitution (scheduled tribes) (union territories) order, 1951 these changes have been set out in the eighth, ninth, tenth md eleventh schedules clauses 29 co p -these clauses deal with the establishment of a com-jllun high cuurt for the statc's ufharyana and punjah and the l'ninn territory 'if chandigarh, its powers and functions and the procedure to he followed lw it the dctaikj provisions contained in these clauses tc)llo\\' the relevant provisions of pre villus reurganisation acts the legislation relating to the delhi high court provides for the extension of the jurisdiction of the delhi high court tu the l"nion territory of himachal pradesh from such date as the central go\'ernment may appoint it is intended to invoke this provision some time after the reorganisation of the ~tate of punjab hence clause 38 provides that ti'om the appointed day, the jurisdiction of the court of the judicial commissioner for himachal pradesh shall extend to the territories which will be transferred to and form part of the ltnion territory of himachal pradesh clauses p llu" 43----ln lll\kr that the ndministration of the new state ilf haryana can he carried on until the legislature of that state has passed the necessary appropriation \ct pnwision has heen made in clause 42 for the governor of punjab to authorise at any time before the appointed day such expenditure from the consolidated fund of that state as he thinks necessary, for any period not extending beyond the 31st march, 1967, and similar powen; ire proposed to be conferred on the go\'ernor of haryana in respect of the period after the appointed day clause 43 provides that the amount authorised by the himachal pradesh legislative assembly before the appointed day for being expended for any services in that union territory may also be spent in the transferred territory however, as a large area is heing added on to himachal pradesh, it may become necessary to 3uthorist· further expenditure until the legislature of himachal pradesh has passed the necessary appropriation act provision has, therefore, been made in these clauses for the administrator of himachal pradesh, to authorise expenditure from the consolidated fund of that uni~ territory for any period not extending beyond the 31st march, 1967 clause 44--this clause contains the usual provision that the repon of the comptroller and auditer general of india for any period prior to the ,lppointed day should be submitted to the govejnors of punjab and haryana and the administrator of himachal pradesh ?nd enables the president to regularise any expenditure incurred in excess of that authorised by the legislative assembly of the existing state of punjab clause 45 - this clause seeks to empower the president to detennine hy order the allowances and privileges of the governor of the new state of har~'ana until parliamentary legislation is undertaken for the purpose clause 46 and the ttl'eljlh schedult:-the distribution among the states pfthe proceeds of ct:rtain taxes and duties like income-tax, excise duties, estate lluty, etc, is regulated hy parliamentary enactments und the constitution (distribution of revenues'i order 1965 provisi0n has been rroce in the twelfth schedule that the share of the ta{c~ and duties payable t(l the existing states of punjab shall be divijed betw(cn the states (if haryana and punjab and the union in res~ct of the areas which would form part of the union territories of himachal pradesh and chandigarh according- to the population l~tio necessary modifications to the enactments and order referred to ahove have heen proposed in the twelfth schedule clauses relate to the apportionment of assets and liabilities of the existing state of punjab and follow the main provisions made for such apportionment in the states reorganisation act, 1956, subju:t to slight deviations which are explained below : _ (a) apart from the secretariat: a large number of offices nnd heads of departments of the existing state of punjab are located in chandigarh it has, therefore, been provided in clause 48(3) that stores relating to these offices shall be divided between the successor states in accordance with the directions of the central governmfnt (b) the sewerage works of chandigarh and also the brick kilm of the chandigarh capital project as well as certain areas where soilconservation measures for preventing the silting of the sukhna lake have been undertaken, fall outside the union territory of chandiga rho it is necessary that these works as well as the soil conservation areas should be the property of the union for me purpose of administration of chandigarh accordingly, provision has been made in clause 48(5) for vesting in the union the lands acquired for these works (vide the thirteenth schedule) including the connected plant, machineiy, etc (c) provisions of sub-clauses (2) und (3) (relating to investments in private commercial or industrial undertakings) of clause 52 fo]]ow the corresponding provisions of section 5 i of the bombay reorganisation act, 1960 and sub-clause (2) makes an additional provision for allocation ofinvestments made in private commercial or industrial undertakings having their principal seat of bu;iness outside the existing state of punjab (d) sub-dause (3) of clause 53 is a new provision which seeks to facilitate the division of assets and liabilities relatable to commercial or industrial undenakings of the state if such an undertaking is located in more than one successor state after reorganisation (e) sub-clause (2) of clause 54 (relating to public debt) foj]o\\~ the provision in section 54(2) of the bombay reorganisation act, 1960 sub-clause (3) of this clause makes provision for the allocation of the public debt attributable to i oans laken for the beas and bhakra-nanga} proja"'u and sub-clause (5) makes a correspondjng pro"isicn for allocating the investments from the sinking fund created for repayment of the loans (g) the pi"o,·iso to clause 56(1) is also a new provision which seeks to obviate practia1 difficulties which had arisen in the past in the repayment of depoau made outside the existing state sub-clause (2) (relating to charitable or llth~r cnjll\\"1l1clll· llf clause ,,6 fc)llows the provisions of section 57(2) llf the bombay r('llr!!~li1i"ati()n act, ]960 (ii) there had been jifficulties in the p;lst in the re-payment of the provident fund monies tt~ (rl)\"crnment sen'ants who hud retired from service before reorganisation sub-chlusc ~2 llf dause 57 seeks to plrcc the liability for such payments on the state d puniab subject to suhsequent adjustments bet" l'cn the slll"ce~';l)r states an::crding 10 1he por ulotion ratio (i) clause 64 empowers rhe successor states to \'&ll'y by agreement the manner of apportionment of any asset or liability this follows section 65 of the bomh1y rcllrganisjtil111 a~·t 1960 (j) in so far as the areas to be transferred to himachal pradesh are concerned, certain properties and institutions, though vesting in the union, will have·to be made available to the government of hjmachal pradesh and consequently it will be necessary to pass on the corresronding liabilities also to that government further, liabilities connected with the administration of the union territory like salaries of officers in the transferred territory will have to be borne by that government accordingly, a proviso has been added to clause 66 taking power for the central government to specify the liabilities which m~,y be discharged from the consolidated fund of that union territory clause 67 -this clause enables the state electricity board and the state warehousing corporation to continue to function in the same areas as at present, even after reorganisation, until the 1st november, 1967 by which time steps will be taken to dissolve the existing board and corporation and allocate their assets and liabilities to the successor states or, as the case may be, to the electricity boards or warehousing corporations that will be set up in haryana and punjab clause 68-this clause mak~ the usual provision for continuance of arrangements in regard to generation and supply of electricity and water and t(lllows section 107 of the states reorganisation ;\ct, 1956 clause 69-at present the punjab state financial corporation is serving not only the existing state (1f puniab but also the vnion territories of delhi and himachal pradesh this clause pfl)\1des for continuance of the corporation and also for its reconstitution, reorganisation or dissolution when so required by the central government or with the previous approval of the central government so l\)ng as the corporation continues to function in the areas which are nnw being sen'cd by it the central government will have ~wers to give directions to it and also to m such modiflcari(1ns or exceptions as may be deemed necessary in the state financial corronltions act, 1,951 it is intended to reconstitute the board of directors of the corporation so as to give representation also to the state of haryana rnd the union territory of chanqigarh clause 70 mid the fifteenth schedule-this clause seeks to add a new section sd in the multi·unit co-operative societies act, 1942 the section follows section sc of that act which was added at the time of reorganisation of bombay and seeks to enable the board of directors of co-operative institutions specified in the fifteenth schedule which would bc~{lme multiunit in character consequent on reorganisation to draw up schemes for reconstitution, reorganisation or-dissolution of the institutions before reorgani8a- tlon so that the schemes could be put imo effect from the date of reol'ganisation as ponions of the assets andliabillties of the existing institutions may have to he transferred to corresponding institutions in the union territory (if himachal prade~h, necessary provision in this behalf has also been included ill clause (b) of new se<1ion sd(r) and also in the' proviso thereto clause 7i-under section 22 of the banking regulation a~t, 1949, no company can carry on banking business unless it holds a 1i~cnce issued by the reserve bank of india it may become necessary to set iip new cooperative banks in certain areas immediately after reorganisation it has, therefore, been provided in this clause that such banks may be formed within three months- of reorganisation without obtaining licence from the resetve bank of india provided that the bank makes an application for the licence within three months of its fonnation such a bank will continue to function without licence until it is granted a licence hy the reserve bank oj' the licence 18 refused clause 72-this clause contains a general provision to enahll' corporate bodies which become inter-state in character as a result of reor8nnls8tion or serve the need~ (if the successor states after reorganisation, to continue to function in the areas where they have been functioning before reor,anisation it is intended that the punjab university, the punjab agricultural university and also the shiromani gurdwara prabandhak committee which will he serving not only the areas that may he induded in the new state of punjab hut also the rest of the territories of the existing state should be covered hy this provision and that the successor states should continue to give necessary financial assistance to the two universities ~ccordingly, provision has been made in sub-clauses (3) and (4) of this cjau~<e j 537 (b) ls-u clause 73-this clause provides for the continuance of certain companies in which the government of the existing state of punjab has full or substantial interest these companies were promoted to serve the needs of the existing territories of punjab and will have to continue to serve these objects accordingly this clause makes pro\'isions filr allocating the interest of the existing state of punjab among the successor states and re-constituting the board of directors of these companies to give representation to them clauses 74 to 76-these clauses follow the corresponding provisions of the states reorganisation act, 1956 except that clause 76 follows section 78 of the bombay reorganisation act, 1960 clause 77 and the sixteenlh schedule-this clause makes the usual provision for the continuance of facilities to the successor governments in certain state institutions and also to the people of the existing states of punjab in such ins:titutions specified in the sixteenth schedule irrespective of their location clauses 78 to 80-out of the total cultivable commanded area of ss'61 lakh acres served by the bhakra system, about 37' 7% would lie in the new state of punjab, 46'7% in haryana and 15'6% in rajasthan the irrigation systems from the three main rivers of punjab, namely, the ravi, the beas and the sutlej, are interlinked requiring their integrated and co-ordinated operation for the optimum utilisation of the waters of these rivers by the three states of punjab, haryana and rajasthan at present, in accordance with an agreement between punjab and rajasthan, the benefits of the ehakra system are being shared by the two states roughly in the ratio of 85 :is 7he ccmpjcx of inter-dependent system of irrigation and power in this region would be· further complicated with the completion of the beas project which is ncw under construction the bhakra dam and both the units of the beas project would lie in the territory of himachal prade~h with the transfer of certain territories of the existing state of punjab to that union territory in view of this, it is proposed to constitute agencies with representatives of the successor states, for the management of certain major components of the existing irrigation and power system of punjab and for the construction of the beas project and the management of the major components of that project after their completion accordingly, clause 78 provides that the rights and liabilities of the existin, state of punjab in relation to bhakra-nangal project and the beas project shall be the rights and liabilities of the successor states and shall bc apportioned by agreement between the successor states and if no such agreement is entered into within two years, in accordance with the orders of the central govern" ment clause 79 provides for the constitution of a management board for the administration, maintcnance and operation of the major c()mp(lflcnts of the irrigation and power systcm and requires the suc~cssor states and the state df rajasthan to provide the board with tbe nc~cssjry funds clause 80 likewise envisages similar arrangements regarding the construction of the heas project clauses 81 to 84-these clauses make the usual provisions relating to services and generally follow the provisions of sections 114 to 117 of the states rcorganisation act, 1956 clause 85-it is not proposed not to make any provision in the bill for the division of the public service commission of the existing state of punjab as the intention is that this commission should continue to function in the new state of punjab only, and a new public service commission should be set up for the state of haryana under the relevant provisions of the constitution cla!l'!] 85-this mike) a cjnsequential amendment in the states reorganisation act so as to include the state of haryana and the union territory of chlndigarh in the northern zonal council clause 87-this clause confers powers on the central government to extend enactments in force in a state to the union territory of chandigarh by notification the central government have similar powers in respect of certain other union territories vide acts 30 of 1950, 1 of 1962 and 49 of 1962 clauses 88 to 96-these e1auses make the usual provisions regarding continuance of the existing laws in the territories included in the existing state of punjab, adaptation of those laws and their interpretation by courts and tribunals, continuance of authorities exercising statutory functions and legal proceedings, etc these provisions follow the corresponding provisions of the states reorganisation act, 1956 clause 97-this clause confers rule-making powers on the central government and in particular, in respect of the bhakra management board and the beas construction board proposed in clauses 79 and 80 clause 4 of the bill proyides for the formation of the new union territory llf chandigarh under article 239 of the constitution, the union territory has to be administered hy the president hence the cost of administration of the union territory will have to be met from the consolidated fund of india on a rough estimate the total revenue receipts from this territory are expected to be of the order of about rs 2391akhs the recurring revenue expenditure on the administration of the union territory would be roughly of the following order ;-(a) cost of administrative services, namely, rs 97 lakhs general administration, police, pensions, etc (b) maintenance of buildings, roads and other rs 44 iakhs public works (c) cost of maintaining primary and higher rs 81 lakhs secondary schools, civil amenities, etc cd) cost of maintaining institutions of higher rs 220 lakhs education, namely, engineering college, college of architecture, post-graduate institute of medical education and research and other colleges and general hospital -------total rs 442 lakhs on the above basis, there will be a recurring revenue deficit of rs 203 lakhs which will have to be met from the consolidated fund of india 2 as chandigarh would be a joint capital of both the states, it will be necessary to make available to the state governments most of the existing government buildings for their offices residential accommodation built for the officers and staff will also have to be made available to these governments it is intended to recover rent or contributions from the stare governments for the use of these buildings also, as the institutions referred to at cd) above would be serving the common needs of the states of haryana and punjab, the two states would be required to make reasonable contributions for maintaining such institutions it is expected that the contributions from the state governments including the rent or contributions for the use of the government buildings would roughly be of the order of about fts 175 lakhs these contributions together with the normal revenue receipts would amount to about rs p4lakhs and in effect the net recurring expenditure on revenue account for the administration l,f the territory may he of the order of about rs 28 lakhs pcr annum 3· for the development of the chandigarh town and also completion of certain buildings of the post-graduate institutc of ~\edical education and research and similar other institutions, some non-recurring expenditure will be involved on capital account the budget estimates of the government of punjab for the current year provides for a capital expenditure of about 250 lakbs on these works and a recovery of about 65 lakhs on account of sale of plots the exact magnitude of expenditure on such works after reorganisation will be determined after a detailed assessment of the requirements in the light of the reorganisation of the state 4· clause 5 provides for the transfer of certain territories from the existing state of punjab to the union territory of himachal pradesh according to the current years' budget llf the state government, the total receipts in respect of this area arc roughly of the order of rs 539 laldls inclusive of rs 123 lakhs on account \11' state government's share of central taxes attributable to this area in addition, the central grants for plan schemes attributable to this area would be fl1ughly of the order of rs 249 lakhs as against this, the current year's budget provides for a revenue expenditure of about rs 957 lakhs f()r this areh the share of central taxes attributable to this area would be retained in the consolidated fund of india with -the result that the actual receipts which would go into the consolidated fund of union territory of himachal pradesh would roughly be rs 4i6lakhs the revenue gap of the union territories with legislatures is now being met by grants from the central government and this practice will have to continue for some time in respect of the transferred h:rrit~lry alsl' thus, the recurring revenue expenditure from the consolidated fund of india on account of grants for this area would be of the order ()f re; 541 lakhs however, as stated above, if the receipts on account of the share of assigned taxes and also the saving on account of the grants to the state government in respect of this area arc taken into account, the net additional recurring expenditure on account of the transfer of these territories to himachal pradesh will be of the order of ri 169 lakhs per annum s it will also be necessary to provide increased loan assistance to himachal pradesh for capital works in the transferred territories the loan assistance that is being made available to the state goverrunent in this b:half would be made available to the himachal administration and there wl>uld not be any extra liability on the central government except for capital works which were being financed by the punjab go\'ernment ;rht! magnitude of this expenditure will be detemined later 6 clause 9 of the bill provides for the total number of scats in ule council of states being rai~ cd hy 1\\"(' ie ti'om 226 to 228 clause 23 of the bill provides for a total of 29 seats in the house of people to be constituted after the conunencement of the act, in respect of the states of haryana and punjab and the union territories of himachal prade~h and chandigarh as against the total of 26 seats at present allotted to punjab and himachal pradesh thus there would be an increase of 3 seats in the house of people the extra recurring expenditure on account of salary, allowances, etc, of we five members would be of the order of rs 70,000 per annum and nonrecurring expenditure would be about rs 10,000 7 clause 25 of the bill provides for delimitation of the parliamentary and assembly constituencies allotted to haryana, punjab and himachal pradesh this would involve a non-recurring expenditure of about rs15,000 8 clause 29 provides for the setting up of a common high court for the states of punjab and haryana and the union territory of chandigarh and for the salaries and allowances of the judges of the high court, being allocated amongst the states of punjab and haryana and the union in such proportion as the president may by order detennine in so far as, the administrative expenses of the high court are concerned, contributions will be taken from the two state governments under article 290 of the constitution the present recurring expenditure on the high court of~ab is of the order of rs 25 1akhs and initially this will have to be met from the consolidated fund of india the actual net expenditure will, however, depend on the order that may be made by the president and the agreement that may be reached under article 290 and it is not possible to estimate this amount at present 9· clause 53 provides that the assets and liabilities relating to conunerqal and industrial undertakings of the existing state of punjab shall pass to the successor state in whose territory the undertaking is located the actual allocation of commercial and industrial undertakings will have to be done after passing of the bill however, if the chandigarb unit of the road transport undertaking of the state is allotted to the union, it will have to be run as a state undertaking by the chlndigarb administration according to th·! current year's budget estimates of the punjab government, th'! expenditure on this unit would be rs 63 lakhs whereas the receipts would be of the order of rs 89 lakhi thj5, th!re will be no liability on this account but th:: recurring expenditure will hlve to be met from the consolidated fund uf india and the receipts wiii accrue to that fund 10 clause 54 relates to allocation of the public debt of the existing state of punjab the total public debt of the state on the 31st march, 1965, was about rs 359 crores as under:-rupees iii ",rol'e5 (i) market loans i i (2) loans from national ct,-opcnlti\,c dcn:llll'mcnt corporation and other statutory bodies 9 (3) loans from central government for bhakra-nangal and beas projects ] 99 (4) other loans ] 40 total 359 the other liabilities of the state on that day were roughly of the order of rs 59 crores the allocation of the loans between the states of haryana and punjab and the union will have to be worked out in accordance with the provisions of this clause and it is not pos~ ible at this stage to give a precise estimate of cnion's ehare the total capital outlay of the government of punjab was roughly rs 385 crores on the 31st march, j965 in addition, the loans advanced by the state government amounted to about rs 106 crores and together with other assets of rs 50 crores, the total assets were of the order of about rs 54j crores the debt liability of the union and liabilities which it may have to incur on the repayment of deposits and provident fund balances under clauses 56 and 57 would, therefore, be offset by its share in the assets i i clause 58 provides for the liability on account of pensions being app::>rtioned between the successor states this liability has been taken into account in estimating the expenditure on the administration of the union territory of chandigarh and the areas to be transferred to the union territory of himachal pradesh 12 clauses 55 and 59 to 63 deal with various matters like refund of taxes and duties collected in excess, contractual liabilities, liabilities in respect of actionable wrongs, liabilities as guarantor in respect of cooperative societies, liabilities in respect of items in suspense ar:d liabilities in respect of residuary matters ciau"e 64 provides for apportionment of liabilities by agreement, clause 65 cmr\l\\crs the central government to order allocation or adju&tmcnt of liabilities in ~~nain cases and clause 66 provides for charging of expenditure payable by the cnion to any state on the consolidated i:und of india and also for jirecting that such jiabilities in relation to the territories to be transferred to the cnion territory of himachal pradesh and as may be specified shall be charged on the consolidated fund of that territory instead of on the consolidated fund of india it is not possible to indicate the actual amount of liabilities which will ha\'c to be met fwm the consolidated fund of india on account of these pro\'isil'ns 13· clause 72(4) pnwides 11)r grants heing made by the successor states to the punjab university and the punjab agricultural university the current year's budget estimates of the punjah government make a pro\'ision for grants amounting to rs 256 lakhs for the punjab agricultural university and rs 4 lakhs for the punjab university the central government will determine the amount of grants that should be made to these institutions by the successor states however, if the population basis is adopted, the share of the union would be about rs 20 lakh, q clause 77(1) cm'isages contributions being made by the successor states for facilities provided in certain state institutions the tenns have to be settled by agreement between the successor states and it is not possible at this stage to indicate the precise amount that may have to be paid from the consolidated fund of india on this account 15 clause 78(1) provides for the rights and liabilities of the existing state of punjab in relation to the bhakra-nangal and beas projects being apportioned between the successor states by agreement clause 79(5) provides that the expenditure on the bhakra management board shall be apportioned among the states in such proportion as the central government may specify proviso to clause 80(1) provides for apportionment of the liability for the expenditure on the beas project among the successor states a portion of this liability may, therefore, have to be bome by the union in respect of the areas which would not be included either in the state of haryana or the state (if punjah it is not possible to estimate the magnitude of such liability 16 clause 81(3) provides for strength and composition of the de1hi-himachal pradesh state cadres of the all-india services being deterrnirted clause 83 provides for the continuance of persons serving under the existing state of punjab in the same post (until they are allocated) clause 82(1) provides 10r provisional allocation of such persons and sub-clause (2) provides 1llr their final allocation the staff that will be transferred to the union as a result of reorganisation would serve in connection with the administration llf the union territory of clundigarh or the areas to be transferred to himachal pn\desh the expenditure involved in their salaries and allowances has been taken into account in paragraphs 1 and 4· 17 clause 82(4) provides for the establishment of advisory committees ftlr the purpose of division and integration of services, etc, and clause 86(ii) seeks it) provide reprcsentutiors to the union territory of chandigarh in the ~orthern zonal cou'1cil this will involve some non-recurring expenditure on travelling allowance, etc of the order of about rs 5,000 and recurring expenditure on such allowance of the order of about rs 1,000 per annum clause 97 of the bill em powers the central government to make rules to give effect to the provisions of the bill when enacted this power will be required mainly with reference to the bhakra ~ianagement board and the beas construction board referred to in clauses 79 and 80 of the bill, to provide for certain matters of procedure and administrati\'e detail such as the procedure to be followed by those boards for the conduct of their business, the salaries, allowances and conditions of service of the staff of the boards, the conditions subject to which and the mode in which contracts may be entered into in relation to the boards, the maintenance of a<'counts and the preparation of budget estimates and annual reports of the boards 2 clause 79(9) of the bill empowers the bhakra management board likewise to make regulations, consistent with the provisions of the bill and the rules made thereunder, to provide for regulating the time and place of its meetings, the procedure thereat, delegation of powers and duties of the chairman etc 3 clause 89 of the bill empowers the appropriate government to adapt existing laws in order to facilitate their application to the state of haryana or punjab or the union territory of chandigah or himachal pradesh this power will be available only for a period of two years from the appointed day clauses 67(2), 69(2) and 72(2) of the bill empower the central government to issue directions indicating the exceptions and modifications subject to which the acts relating to corporations which become inter-state corporations on account of reorganisation, would apply during the period they continue to function in the areas in respect of which they were functioning immediately before reorganisation the adaptations and exceptions and modifications cannot affect the substance of the acts aforesaid 4 clause 77(2) of the bill provides that the central government may by notification add any institution in existence on the appointed day to the sixteenth schedule and thereupon that schedule shall be deemed to be amended by the inclusion of that institution therein that schedule specified the institutions in respect of which facilities available prior to the appointed day should be continued even after that day 5 clause 87 of the bill empowers the central government to extend by notification :my enactmen~ in f~rce in a state to the union t~rritory of chandigarh such a power is available under other enactments in respect of certain other union territories and will be useful for extending a law by notification when there is no existing law un the sjme suhject in force in the union territory - 6 the delegation of legislative power in the clauses referred to above art' all of a normal character 1537 (b) ls-i3 special pro-371 (i) notwithstanding anything in this constitution, the president vision with may, by order made with respect to the state of andhra prade~'h or punjab, setit=~t ~~ provide for the constitution and functions of regional committees of the andhra pra- legislative assembly of the state, for the modifications to be made in the desb punjab, rules of business of the government and in the rules of procedure of the mtga~htra legislative assembly of the state and for any special responsibility of the an ujarat governor in order to secure the proper functioning of the regional committees (2) notwithstanding anything in this constitution, the president itay by order made with respect to the state of maharashtra or gujarat, provide for any special responsibility of the governor for-(a) the establishment of separate development boards for vidalbha, marathwada, and the rest of maharashtra or, as the case may he, saurashtra, kutch and the rest of gujarat with the provbion that a report on the working of each of these boards will be placed each year before the state legislative assembly ; - - (b) the equitable allocation of funds for developmental exfenditure over the said areas, subject to the reqtircrrmts cf the state as a whole; and (c) an equitable arrangement providing adequate facilities for technical education and vocational training, and adequate opportunities for employment in services under the control of the state gonrnmcnt, in respect of all the said areas, subject to the requirements of the state as a whole - first schedule (articles i and 4) i the states- name - - territories - i i puniab the territories specified in s(ctkn i i of the states reorganisation act, 1956 and the territories referred to in part i i of the first schedule to the acquired territories (merger) act, 1960 but excluding the territories referred to in part ii of the first schedule to the constitution (ninth amendment) act, 1960 ii the union territoriesname - extent - 2 himachal pradesh the territories which immediately before the commencement of this constitution were being administered as if they were chief commissioners' provinces under the names of himachal pradesh and bilaspur - - - fourth schedule[articles 4 (i) and 80 (2)] allocation oj seats in the council oj statesto each state or union territory specified in the first coll:u:n of the following table, there shall be allotted the m~mber of seats specified in the second column thereof opposite to that state or that union territory, as the case may be table - - - - ii punjab ii - - - - - total 226 - - - - - extracts prom the representation of the people act, 1950 (43 op 1950 ) - • •- the second schedule (see section 7) the total number of seats in the legislalit·c assemblies ------name of stat~ total number of seats in legislative assembly i 2 - - - ii punjab is4 - - 16 himachal pradesh' 40 - - - (sec section 10 )allocalion of seals ;11 the lcgisll1fi ·c c(luncils | number | to be elected | or ||-----------|------------------|-------|| article | 17 | || i | | || (3) | | || name | of | state || total | | || number | | || of | seats | || sub- | | || sub- | sub- | sub- || sub- | | || clause | | || clause | | || clause | | || dause | clause | || (a) | | || (b) | (c) | || (d) | | || (e) | | || i | | || 2 | | || 3 | | || 4 | | || 5 | | || 6 | | || 7 | | || | | || | | || - | | || | | || - | | || 7 | punjab | || 51 | | || 17 | | || 4 | | || 4 | | || 18 | 8 | || - | | || - | | || - | - | || - | | || - | | || - | | || - | | || - | - | || - | | |extracts from the delimitatlo~ of parllame~tary and assfmbly co~stltre:\cii:s ordfr, 1961 - - i this order shall be known as the delimitation of parliamentaly and assembly constituencies order, 1961 2 the territorial constituencies into which each of the statt s other than jammu and kashmir shall be divided (a) for the purposes of elecr,ions to the house of the people and (b) for the purpose of elections to the legislative assembly of the state and the extent of each such oonsthuency shall be as shown in schedules i to xiv of the order 3 the territorial constituencies into which each of the union territories of delhi, himachal pradesh, manipur and trirura shall be divided for the purpose of elections to the house of the people and the e:lltent of each such constituency shall be us shown in s"hedule xv of the order 4 one seat is allotted to each i'nnstitucncy c; ~'here the name of a (gllstituenc" as shown in the schedules is di-tinguished by the brackets and letter" ,,(sc:)" the scat in that consti{ucn,,)' is reserved for the scheduled castes; and where such name is di~tin:~uished by the brackets and letters "cst)", the scat in thai constituency is jcsencd for the scheduled tribes 6 any reference in any part of the schedule to a district or olha territorial division shall, save as (·therwise expressly provided in th at part, be taken to mean the area comprised within that district or territorial di\'isiod on the 1st day of july, 1961, including all n:unicipll towns bod forest villbltei lying within the periphery - parl b-assemb/y constitu,71lciesextent of constituency serial number and narre of constituency i 2 lahaul and spiti, kulu and kangra districtsi kulu lahaul and spiti district and kulu thana (excluding kanawar, harkandhi, chung, kot kandhi, nhallan and sairsar zail~) in kulu tahsil of kulu district; and bir btlangal zail in palampur thana in palampur tahsil kangra district 2 seraj (sc) - seraj thana ard kanawar, hsrkrndhi, r:hullg, kot kandhi, bhallan and saimar zails in kulu thana in kulu tahsil of kulu district 3 palampur palllitlpur thana (excluding naura a!1d bir bi'angal zails) in palampur tahsil 4 kangra kangra tashil e excluding dharamsaja thana, sj-bhpur pan-thana and narwana, (;hetru, tayara and ramgarh part-zails in kangra thana); changar zaii in dera gopipur tahc;il; sujanpur part-thana and naura ~ail in palampur thana in palampur taruil 5 dh:lram~ala dharam~ala thana shahpur part-thana and narwana chetru, tayara and ramgarh part-zails in kangra thana in kangra taru;il 6 l\'urpur nurpur tahsil; and dhamcta rl'!d n ~grota zails in ders gopirur tahsil 7 dera gopipur dera gcpipur tamil (excluding f'hnrrtts, nagrota and changar zails) 8 hamirpur esc) sujanpur, rsjgir, vgialts, mewa and meh1ta zails in harnirpur tahsil | 9 | barsar | hamirpur tahsil (exclllding sujanpur, rajiir, ||---------------------------------|-----------|--------------------------------------------------|| ugialta, mewa and mehlta zails) | | || ofkangra | | || district; and kosar village in | una | tahsil || hoshiarpur district | | | ambala district10 nalagarh (sc) - nalagarh tahsil; and kalka and pinjore thanas and chandigarh zail in chandimandir thana in kharar tahsil ii rupar rupar thana in rupar tahsil; and khizrabad, sialba and tira zails in kharar thana in kharar tahsil 12 morinda (sc) - morinda and chamkaur thanas in rupar tahsil; and kurali town and kurali zail in kharar thana in kharar tahsil 13 chandigarh kharar tahsil (excluding kalka and pinjore thanas, and the villages in mubarikpur zah as are specifieti jn the appendix jn mubarikpur thana, chandigarh zail in chandimandir thana, and kurali town and kurali, khizrabad, tira and sialba zails in kharar thana) 14 naraingarh naraingarh and raipur thanas and pattarheri and lalpur zails in sadhaura thana in naraingarh tahsil; and such·of the villages in mubarikpur zaii in mubarikpur thana in kharar tahsil as are specified in appendix 15 sadhaura sadhaura thana (exc1uding pattarheri and lalpur zails) in naraingarh tahsil; and bilaspur and chhachhrauli thanas in jagadhri tah"i1 16 t agadhri jagadhri and yamuna nagar than as in j agadhri tahsil 17 ~l\llana esc) \ hllana thana in ambala tah-;il ; and chharpar thana in jagadhri tahsil 18 ambala c~ntonment ambala cantonment thana, and panjokhra zail in ambala sadar thana, in ambala tahsil | | | | | 19 | ambala | city ||---------------------------|----------|----------|-----------|--------|-----------|---------|| ambala | city | thana | and | ambala | sadar | thana || (excluding panjokhra zail | and | kangwal, | | | | || roshanrura, | chhapra, | jetpura, | kalawar, | | | || jandheri | and | danipur | villages) | in | ambala | || tahsil | | | | | | | simla district20 simla simla &·,trict karnal district area21 thanesar thanesar and shahabad thanas, and babain 7ail in ladwa thana, in thanesar tahsil 22 radaur esc) radaur thana and ladwa thana (excluding babain zail) in thanesar tahsil, and indri thana, and baragaon zail in kamal sadar thana, in kamal tahsil 23 kamal kamal municipality and kamal, junilla and ramba part-zails in kamal sadar thana in kamal tahsil butana and nisang thanas in kamal tahsil 24 butana 25 pchowa - pehowa and guhela thanas and kaithal thana (excluding kaithal municipality and kaithal 7ail) in kaithal tahsil, and thaska miranji saheb thana in thanesar tahsil, in kamal district; and kangwal, roshanpura, chhapra, jetpur, kalawar, ]andheri and danipur villages in ambala district 26 kaithal kalayat kanungo circle (excluding patwar circles nos i i to 14), in narwana tahsil of sangrur district; and kaithal municipalityand kaithal 7ail in kaithal thana in kaithal tahsil of kamal district 27 narwana (sc) dhamtan saheb kanungo circle and narwana kanung,) circle (excluding patwar circles nos 12 to 17) in narwana tahsil 28 rajaund rajaund thana and pai zail in pundri thana in kaithal t~il 29 jind | jind | kanungo circle in | jind | tahsil; ||--------------|----------------------|----------------|------------|| circles nos | | | || i i | | | || to | | | || 14 | | | || in kaiayat | kanungo | | || circle | and | patwar circles | nos || 12 | | | || to | | | || 17 | | | || in | | | || narwana | kanungo circle | | || in | | | || narwana | | | || tahsil | | | |---------------------------| | | | 30 | safidon ||-----------------|--------------------|------------------------|--------|------------|| safidon | and | julana kanungo circles | in | jind || tah"il | | | | || 31 | | | | || pundri | | | | || a"anj th'lna | | | | || and | pundri | municipality | anj | || pundri zail | in | pundri | tnana | in || tah"il | | | | || 32 | | | | || gh'lraunda | | | | || i | | | | || ghlraunua | thana | and | kutail | zail in || :;adar thana in | kamal | tahsil; | and | bhal"j || zlil in | urlana kalan thana | | | || in | panipjt | | | || tah<;il | | | | |33 panipal panipat city and panipat sadar thanas in panipat taho;il : 34 sambh'llka sambhalka thana and· urlana kalan thana (excluding bhalsi zail) in panipat tahsil rohtak district35 ganaur ganaur thana in sonepat tahsil; and khanpur kalan zail in gohana thana in gohana tahsil 36 sonepat - sonepat city and sonepat sadar thanas in sllnepat tahsil 37 rai rai thana in sonepat tahsil; and rohna zail in sampla part-thana in rohtak tahsil~ 38 bahadurgarh | - | bahadurgarh | thana, | and | digha} zail ||------|----------------|-----------|---------|----------------|| beri | thana, | in | jhajjar | tahsil |39 sampla - sampla thana in ]hajjar and rohtak tahsils (excluding rohna zail) 40 rohtak rohtak city thana, and bohar and kiloi zails in rohtak sadar thana in rohtak tahsil~ p (johana gohana thana (excluding khanpur kalan zail) and barauda thana (excluding barauda and ahulana zails) in gohana tahsil 42 • 'v1eham esc) mcham thana and barauda zail in barauda thana in gohana tahsil 43 kahmaur kalanaur thana, and bahu akbarpur and sanghi zails in rohtak sadar thana, in rohtak tahsil; and ahulana zail in barauda thana in gohana tahsil 44· jhajjar | jhajjar | thanu | (cxduding | kulana | zail ||-----------------------|--------------|--------------|-----------|---------|| kasni | part-zail,' | | | || ,mj | | | | || beri thana (excluding | | | | || dighal | zail) | in | jhajjar | tahsil |45· salhawas (sc) salhawas thana and kulana zail rnd kasni part-zail in jhn;;,,\" thana in jhajjar tahsil gurgaon district46 gurgaon' gurgaon thana in gurgaon tahsil 47 bauabgarh esc) | ballabgarh | tahsi i ||---------------|-----------------------|| zail | || in | chhainsa parr-thana) |48 palwal palwal thana (,excluding auraogabad zail), chandhat part-zaij in hasanpur thana, and chhainsa part-thana in palwal tahsil; and mohena zail in chhainsa part-thana in bal1ab~arh tahsil -l9 hasanpur | hasanpur | thana | (excluding | chancihat ||-------------------------------------------|-------------------|---------------|--------------|| part-zai)), and aurangabad zail in palwal | | | || thana, | in palwal tahsil; | and | manpur || zail in hathin thana in | | | || ~uh | | | || tahsil | | | |ferozepur jhirka tahsil 50 ferozepur jhirka 51 nuh | | nuh | thana | and | hathin | thana (excluding ||--------|--------------------|----------|---------|-----------|---------------------|| manpur | zail) in | nuh | tahsil; | and | sohna || thana | in gurgaon tahsil | | | | |52 pataudi | pataudi | thana in rewari | and | gurgaon ||------------|--------------------|--------|------------|| tahsils; | farrukhnagar | thana | || in | | | || gurpon | | | || tahsil; | and | tauru | thana || in | | | || nuh | | | || tahsil | | | |53 rewari· rewari cit\" thana rewari sadar than (excluding' bhodpur zail and pithrawas part- zail), ~tnd bawal thana, in rewari tahsil 54 jatusana jatusana 41111 kiwi thanas and bhodpur zail and pithr<lw<!s part-zail in rewari sadar thana, in rcwari tahsil \1ahendragarh distri(:'l'55 kanina esc\ kanina kanung(l \:ird~ in ~lahendragarh tahsil; and patwar circles nos 13, 14 and 16 in dadri kanungo circle and patwar circles l'os 10 to 15 in badhro kanungo circle in dadri tahsil 1531 (8) ls-14 | | | 56 | narnaul ||---------------------------------------|--------------|---------------------------|------------|| narnaul | and nangal | chaudhri | kanungo || circles in | | | || narnaul | tahsil | | || 57 | | | || mahendragarh \ | | | || mahendragarh kanungo circle in | | | || mahendra- | | | || garh tahsil, and ateli kanungo circle | | | || in | | | || narnaul | tahsil | | || 58 | | | || dadri | | | || dadri | tahsil | (excluding patwar circles | || nos | 13, 14 | | || and | 16 in | dadri | kanungo || circle and | | | || panwar | circles nos | | || 10 | | | || to | | | || 15 | | | || in badhra kanungo circle) | | | | hissar district59 bhiwani bhiwani city thana and bhiwani sadar thana in bhiwani telhsil; and sui zail in hansi thana in hansi tahsil 60 tosharn loharu thanas and miran zails in siwani part-thana, tahsil tosharn and and behal in bhiwani 61 hissar sadar hissar sadar thana (exdt:ding hifsar and adampur zails), and siwani part-thana in hissar tahsil; and siwani and ]hunpa kalan zails in siwani part-thana in bhiwani tahsil 62 hansi hansi thana (excluding sui zailand ghira part-zai} and sisai part-zai!) in hansi tahsil 63 narnaund (sc) narnat:nd thana, and sifai rart-zai) and ghirai part-zail in hansi thana, in hansi tahsil p--64 hissar city hissar city thana, baiwaja thana, and hissar and adampur zails in hissar sadar thana, in hissar tahsil 65 tohana tohana thana in hissar tahsil; and bhoona thana in fatehabad tahsil 66 fatehahud fatehabad and ratia thanas in fatehabad tahsil and darba kalan zai! in sirsa sadar thana in sirsa tahsil 67 sirsa sirsa city thana, sirsa sadar thana (excluding darba kalan zail) and baragurah thana (excluding kheowali part-zaij) iii sirl8 tahsil 68 dabwali esc: dabwali and rania thanas, and kheowali part-zail in baragurah thana, in sirsa tahsil bhatinda district 69· pakka kalan (sc) pakka kalan kanungo circle, bhatinda kanungo circle (excluding bhatinda town and patwar circles nos 1 and 13), and patwar circles nos 1 and 9 in talwandi sabo kanungo circle in bhatinda tahsil 70 talwandi sabo talwandi sabo kanungo circle (excluding patwar circles nos 1 and 9) in bhatinda tahsil; and bheni bagha kanungo circle and patwar circles nos 2, 3, 6, 10 to 12 and 14 to 16 in mansa kalan kanungo circle in mansa tahsil 71 mansa sardulgarh kanungo circle, mansa kalan kanungo circle (excluding patwar circles nos 2, 3, 6, 10 to 12 and 14 to 16) and patwar circles nos i to sand 7 in budhlada kanungo circle, in mansa tahsil '72 budhlada (sc) bhikhi kanungo circle and budhlada kanungo circle (excluding patwar circles nos 1 to sand 7) in mansa tahsil phul sub-tahsil 73·phul· 74 bhatinda n athana sub-tahsil, bhatinda town and patwar circles nos 1 and 13 in bhatinda kanungo circle and patwar circles nos 2 to 5 in nehianwala kanungo circle in bhatinda tahsil 75 jaitu j aitu kanungo circle and kot kapura kanungo circle (excluding patwar circles nos 1 to 9 and 16) in faridkot tahsil, and nehianwala kanungo circle (excluding patwar circles nos 2 to 5) in bhatinda tahsil 76 faridkot faridkot kanungo circle and patwar circles nos 1 to 9 and 16 in kot kapura kanungo circle in faridkot tahsil ferozepur district| 77 | muktsar | | \luktsar | thana (excluding sammenwali ||-------------------------------------------|----------------------------------|----------------|-------------|---------------------------------|| lakhewali, madrassa | | | | || and | chak madrassa | | | || villages), | | | | || guru | har | sahai | part-thana, | || j alalabad | part-thana | and | doda | zail || in kotbhai thana in | | | | || muktsar | tahsil | | | || 78 | | | | || malout | | | | || fazilka thana (excluding fazilka town and | | | | || fazilka zail), | | | | || and | khuranj | zail | and | chak || sherewala part-zail | | | | || in | | | | || jalalabad part-thana | | | | || in | | | | || f | | | | || azilka tahsil; | and | malout | thana and | || sammenwali, | lakhewali madrassa and | | | || chak \iadrassa villages | | | | || in'muktsar | than | | | || a | | | | || in muktsar tahsil | | | | || 79 lambi (sc) | | | | || kotbhai thana (excluding | | | | || doda | zai!) and | | | || larnbi | part-thana (excluding | | | || kandu | | | | || khera and tarwala villages | in | roranwali | | || part-zail) in | | | | || muktsar | tahsil | | | || 80 | | | | || abohar | | | | || abohar part-thana, | | | | || lambi | part-thana, | and | | || kandwala arnarkot zail | | | | || in | | | | || khuiansarwar | | | | || thana in fazilka | tahsil; | | | || and | abohar | | | || part-thana | | | | || and | kandukhera | and | tarwala | || villages in roranwali part-zai! in lambi | | | | || part-thana in | | | | || muktsar | tehsil | | | || 81 | | | | || fazilka | | | | || fazilka | municipality | | | || and' | fazilka | zail | | || in | fazilka | thana | | || and | khuiansarwar | | | || thana (excluding | kandwala | amarkot | | || zall) | | | | || in | | | | || fazilka tahsil | | | | || 82 | | | | || guru | har | sahai | mamdot | thana, || thana and | | | | || j | | | | || alalabad | part-thana | in feroz- | | || pur | tahsil; | and | | || j | | | | || alalabaa | pan-thana | | | || (excluding | khuranj | zail | and | chaksher- || wala plrt-zail) in faziika tahsil | | | | || 83 | | | | || ferozcpur | | | | || ferozepur cit | | | | || y | | | | || thana, ferozepur canton- | | | | || mert | thana and ferozepur sadar thana, | | | || in | ferozepur tahsil | | | || mallanwala part-thana | | | | || and | zira | thana (ex- | | || cluding ran | | | | || khandi, | fatehgarh panj- | | | || tur | and pandori | jattan | | || zails) | | | | || in zira | | | | || tahsil ; and | | | | || ghal | khurd | thana and mal- | | || lanwala part-thana in | | | | || ferozepur | tahsil | | | || 85 dharamkot (sc) | | | | || dharamkot | | | | || and | makhu | than | as | , || khandi, fatehgarh | | | | || panjtur | and pandori | | | || janan | zails in zira thana, | | | || in | | | | || zira tahsil | | | | || 86 | moga ||-----------------------------------------|---------------------|| ;\1oga thana and dalla and kokarikalan | || ;:ails | in || 87· | || baghapurana | || (sc) | || baghapurana tahsil in | || mega | || tah~il | || 88 | || nihal singh | || waitt | || nihal singh | || \x·j! | than || daudhu· and | || ajitwal zails | || in | mehna thana in moga || tahsil | | t,l'dhiana district -\rf:\89· jagraon jagraon thana in jagraon tahsil 90 ~idhwan bet (sc) sidhwan bet thana, dakha part-thana and akalgarh zail in raikot part-thana in jagraon tahsil ; and dakha part-thana in ludhiana tahsil 91 raikot raikot part-thana (excluding akalgarh zail) in jagraon tahsil ; raikot part-thana and dehlon thana (excluding shankar, hans, malaud, pakhoke and ber khurd zails) in ludhiana tahsil of ludhiana district ; and bahadurgarh village in malerkotla tahsil of sangrur district 92 ludhiana south sahnewal zail in sahnewal thana, dhan· dari, gill, dhandra and lalton kalan zails in ludhiana sadar thana, shankar, hans, malaud, pakhoke and bel khurd zails in delhon thana, in ludhiana tahsil 93 ludhiana city wards nos i to 20 of ludhiana municipality 94 ludhiana north ludhiana sadar thana (excluding dhandarui, gill, dhandra and lalton kalan zails), and ludhiana city thana (excluding wards nos 1 to 20 of ludhiana municipality) and mattewara zail in sanhewal thana in ludhiana tahsil 9'i khanna esc) khanna thana and ~agrj zail in samrala thana in samrala t"hsil 96 samrall samrala tahsil (excluding khanna than1 and nagra zail in samrala thana); and ~ahne­wal thana (excluding sahnewal and mattewara zails' in ludhiana tahsil jullundur district area97· nawanshahr esc) rahon thanj in nawanshahr tahsil 98 banga banga thana (excluding pharaja and bharo mazara zails) in nawanshahr tahsil 99 phagwara phagwara tahsil of kapurthala district; and pharala and bharo mazara zails in banga thana in nawanshahr tahsil of jullundur district 100 phillaur phillaur thana (excluding rurka kalan zail) in phillaur tahsil 101 nurmahal nunnahal thana, and rulka kalan zaij in phillaur thana in philjaur tahsil 102 n akodar nakodar thana (excluding talwandi bharo zai! and mala part-zaij) in nakodar tahsil; and khambra and jsmsher zails in jullundur sadar thana in jullundur tahsil 103 shahkot (sc) shahkot thana, and talwandi bharo zsij and mala part-zail in nakodar thana in n akodar tahsil ; and chitti zai! in j ullundur sadar thana in jullundur tahsil 104 jullundur cantonment jullundur cantonment thana, adampur thana (excluding allawalpur municipality and allawalpur and behram zails) and kukar pind and taiban zaijs in ]ullundur sadar thana in j ullundur tahsil 105 jullundur city south west wards nos 17 to 29 of jullundur municipality, and jullundur west zails, in jul~ lundur sadar thana in jullundur tahsil 106 jullundur city north east wards nos i to 16 of julluddur municipality, and jullundur east zail, in jullundur sadar thana in juljundur tahsil 107 kartarpur (sc) | kartarrur | thana, allawajrur rnunicirality ||--------------------------------------------|------------------------------------|| and allawalpur and behram zai!s in | || adampur thana and sura and dhaliwal | || zails in jullundur sadar thana in j ullun- | || dur | tahsil | kapurthala district area108 kapunhala hholath, k'ldlhl and kapurthala-l kanungo cirdes, and karurthala municipality in kapurthala-ii kanungo circles, in kapurthala tahsil 109 sultanpur sultanpur sub-tahsil ; and kapurthala-iii kanungo circle and kapurthala-ii kanungo circle (excluding kapurthala municipality), in k:lrurthtlla tahsil amjutsar district110 sarhali sarhali thana ~i:xduding l"boke and bahminiwala \'i1lages) in patti and tarn taran tahsils ; and \'airowal zail in vairrowal thana in tarn taran tahsil ii i patti patti and \" altoha thanas in patti tahsil and uboke and bahminiwala villages in sarhali thana in tarn taran tahsil 112 khalra khalra and bhikhiwind thanas in patti tahsil ; and manochahal part-zai! in jhabal thana in tarn taran and patti tahsils 1i3- tarn taran gharinda thana, ]habal part-thana 'excluding manochahal part-zah) and tarn taran municipality and tharu, palasaur, kaka karayala and muradpura-part patwar circles in tarn taran zail in tarn taran city thana in tarn taran tahsil; and basarke and tajo chak villages in amritsar sada r thana in amritsar tahsil -i 14 nagokea(sc) vairowal thana (excluding vairowal zail), tarn taran sadar thana and tarn taran city thana (excluding tam taran municipality and tharu, palasaur, kaka karayala and muradpura-part patwar circles in tarn taran zai!) in tarn taran tahsil y , 5 j andiala j andiala thana (excluding malian zsi!) and sialka zail in kathu nangal thana in amritsar tahsil divisions i to 7 of amritsar municipality 116 amritsur city east 2 - ---_ --~---------([7· \mritsar city civil lines civil lines area in amritsar cit\' ; and amritsar cantonment ii h amritsar cit\· west divisions 8 tll 12 of amritsar municipality 119· ajnala ajnala and lllpoke than as in ajnala tahsil 120 majitha ramdas than\ in :\jnala tahsil; and majitha thana in a;nala and amritsar tahsils 121 amritsar sadar (sc) amritsar sajar thana (exduding basarke and tajo chak yiuages) and chawinda zail in kathu nangal thana, in amritsar tahsil 122 beas beas thana and malim z4til in jandial thana, in amritsar tahsil gurdaspur district123 sri gobindpur sri gobindpur thana in batala tahsil; and kahnuwan thana in gurdaspur tahsil 124: batala batala city thana and batala sadar thann (excluding dhaulpur, bhullar and marar zails), in batala tahsil 125 fatehgarh fatehgarh thana, and dhaulpur, bhullar and marar zails in batala sadar thana in batala tahsil 126 dera baba nanak dera baba n anak thana in batala tahsil ; and kalanaur thana in gurdaspur tahsil 127 dhariwal dhariwal thana and gurdas nangal and dugri zails in gurdaspur thana, in gurdaspur tahsil 128 narot jaimal singh esc) narot jaimal siligh lrura ard targarh dholowal and abadgarh zails in pat hankot thana in pathankot l1:hsil; and dina nagur municipality and dhamrai zail in dina nagar thana in gurdaspuir tahsil 129 pathanklll pathankot thana (cxduliing rl'argarh, dholowal and abadgarh zails) and dalhousie' thana in pathankot tah'iil 130 gurdaspur gurdaspur thana (excluding gurdas nangal and dugri zails) and dina nagar thana excluding dina nagar municipality and dhamrai zail), in gurdaspur tahsil hoshiarpur district area131 mukerian mukerian thana and hajipur thana (excluding badia zail), in dasuya tamil 132 dasuya dasuya part-thana (excluding dhadhar zaii) and tanda part-thana, in dasuya tahsil 133 hariana (sc) · hariana thana (excluding shamchaurasi municipality, nandachaur, korla naudh singh and bassi umarkhan zails), dasuya part-thana and tauda partthana, in hoshiarpur tahsil ; and dhadhar zail in dasuya part-thana and badia zail in hajipur thana in dasuya tahsil j 34 hoshiarpur · hoshiarpur municipality and bassi nau, bassi khaju and dada zails in hoshiarpur thana, and shamchaurasi municipality and nanda chaur, korla naudh singh and bassi umarkhan wls in hariana thana in hoshiarpur tahsil 135 lahan khelan esc) hoshiarpur thana (excluding hoshiarpur municipality and bassi nau, bassi khaju and dada zails), in hoshiarpur tahsil ; and nangal thandal and landoli zails in mahilpur thana in garhshankar tahsil 136 amb · amb thana and pandoga and basal zails and khad part-zail in una thana in una tahsil 137 cna - una thana (excluding pandoga and basal zails and khad part-zail), and nan gal township nac and bhanopali zail excluding kosar village) in anandpur thana in una tahsil 138 mahilpur esc) mahilpur thana (excluding nangal thandal and landoli zaiis) and paddi surasingb, padrana and moila zuils in garhshankar thana in garhc;hankar t:lhsil 139 garhshankar garn<;hankar thana (excluding paddi saurasingh, padrana and moila zails), and balachaur thana (excluding rattewa j zail), in garhshankar tahsil 140 anundpur nurpur thana, anandpur municipality and agampur part-zail in anandpur thana in una tahsil; and rattewal zail in balachaur thana in garhshbnkar tahsil patiala district14i ru;pura · ra;pura tahsil (excluding ghanaur and mardanpur kanungo circles and patwar circles nos i i, 13 and is in ra;pura kanungo circle) 142 ruipur · ghanaur and mardanpur kanungo circles and patwar circles nos ii, 13 and 15 in ra;pura kanungo circle, in rajpura tahsil; and raipur and ghuram kanungo circles in patiala tahsil 143 samana (sc) · samana sub-tahsil, dakala kanungo circle and patwar circles nos 5, 8, is, 17, 18 and 19 in patiala kanungo circle, in patiala tahsil 144 patiala · patiala kanungo circle (excluding patwar circles nos 5, 8, is, 17, 18 and 19) in patiala tahsil 145 nabhu · nabha tahsil ; and patwar circles nos i to 17 in chananhal kalan kanungo circle in sirhind tahsil 146 sirhind · sirhind and kalaur kanungo circles and chanarthal kanungo circle (excluding patwar circles nos i to 17) and patwar circle<; nns i, 2 and 18 in amloh subtahsil, in sirhind mnc;i1 147 payal (sc) payal sub-tahsil and arnloh sub-tahsil (e1c-eluding patwar circles nos i, 2 and t~) in sirhind tahsil sangrur district| | 148 | malerkotla ||-------------------------------------------|--------------------------------------|--------------------------|| | \lalcrkutla | and || \illargarh | | || kanungo | cirdes, | || and ahmadgmh kanungo circle (excluding | | || patwar circles nos | | || 2 | | || to | | || 7, | | || is | | || and | | || 16 | | || and | | || village bahadurgarh) | | || in | | || malerkotla tahsil | | || 149 | | || mahalkalan | | || mahalkilan kanungo circle | | || and | bhaclaur | || kanungo | circle (excluding patwar circles | || nos | | || i, | | || 12 | | || and | | || 13) | | || in | | || barnala | | || tahsil; | | || and | patwar circles nos | || i, | | || 13 | | || and | | || 14 | | || of | | || sherpur | kanungo circle and patwar circles | || nos | | || 2 | | || til | | || 7, | | || is and | | || 16 | | || in | alunadgarh | || kanungo circle, | | || in | | || malerkotla tahsil | | || iso | | || bamala | | || barnala | | || and | tappa | kanungo || patwar circles nos | | || i | | || and 9 to | | || 12 | | || in | | || dhanaula kanungo circle, | and | patwar || circles nos | | || i, | | || 12 | | || and | 13 | in || kanungo circle | | || in | | || bamaln tahsil | | || 15 | | || i | | || dhuri | (sc) | || dhuri | sub-tahsil (excluding patwar circles | || nos | | || i, | | || 13 | and | 14 || circle) in malerkotla tahsil | | || 152 | | || sangrur | | || - | | || sangrur | and | longowal kanungo circles || sangrur | tahsil; | and || circle (excluding patwar circles nos | | || i | | || and | | || 9 | | || to | | || 12), | | || in | | || barnala | | || tahsil | | || 153 | | || sunam | | || - sunam kanungo circle and patwar circles | | || nos | | || 3, | | || s, | | || 6, | 7, | 8, || 10 | | || and | | || ii | | || in | | || dirbha | | || kanungo circle | | || in | | || sunam sub-tahsil, and | | || bhawanigarh kanungo | | || circle, | | || in | | || sangrur | | || tahsil | | || 154 | | || lehra | | || (sc) | | || - lchra | | || and | | || moonak kanungo circles and | | || dirbha | kanungo circle (excluding patwar | || circles nos | | || 3, 5, | 6, | 7, || 10 | | || and | | || 1 | i) | || in | | || sunam sub-tahsil in sangrur tahsil | | | appendix ambala districtvillages in mubarikpur zail in mubarikpur thana included in naraingarh assembly constituency i bir ferozri 2 alipur 3 nagai 4 hir habupur 5 jalauli 6 rihawar 7 sultanpur 8 kami 9 palasra 10 sundarpur ii jitpur 12 barwala 13 batawar 14 bhagwanpur is bharaili 16 sangrana 17 fatehpur wiram karnal district(i) names of patwar circle in kalayat kanungo circle in narwana tahsil included in jind assembly constituency ii baroda 13 kasuhan 12 khatkaran 14 ghogarian names of patwar circles in narwana kanungo circle in narwana tahsil included in jind assembjy constituency 12 mangalpur is uchana khurd 13 durjanpur 16 burain 14 kakrod 17 uchana kalan mahendragarh district (3)names of patwar circles in dadri kanungo' circle in dadri tahsil included in kanina assembly constituency 13 mori 16 kalyana q chirya (4)names of patwar circles in badhra kanungo circle in dadri tahsil jncluded in kanina assembly constituency 10 kadrna 13 tiwala i i chandeni 14 badhwana 12 jhojhu kalan is changrod names of patwar circle!; in talwandi sabo kanungl1 circle in bhatinda tahsil included in pakka kalan assembly constituency i laleana 9 bhagi bandar names of patwar circles in mansa kalan kanungo circle in manso tahsil included in talwandi sabo assembly constituenl'y 2 sadda singh wala 3· ram ditte wala 6 khokhar kalan 10 baje wala 12 musa 14 behniwal 15 bananwala 16 raipur i i makha names of patwar circles in budhlada kanungo circle in mansa tahsil included in mansa assembly constituency i alampur mundran 4 hakam wala 2 akkan wali 5 boha 3 barah 7 gandhu khurd names of patwar circles in bhatinda kanungo circle in bhatinda tahsil included in bhatinda assembly constituency i bhatinda ( a and b) 13 sibian names of patwar circles in nehianwala kanungo circle in bhatinda tahsil included in bhatinda assembly constituency 2 jandanwala 4 bhokhra 3 har rai pur alias bhokhri 5 nehianwala names of patwar circles in kot kapura kanungo circle in faridkot tlhsil included in f aridkot assembly constituency i daggo romana 6 wander jat'lna 2 pakka 7 sanclhwan 3 chand baja 8 sirsliri 4 dhuddi 9 kotsukhia s machaki mal singh 16 kotkapura (a, b and c) (ii) names of patwar circles in rajpura kanungo circle in rajpura tahsil loc1uded in raipur assembly constituency i i gopal pw' is kheri glnden 13 khan pur barang (12) names of pat war circles in patiala kanungo circle in patiala tahsil included 10 samana assembly constituency· 5 barsat 8 bhedpura is fateh pur 17 gajju majra' 18 bazidpur 19 lalauchhi names of patwar circles in chanarthal kalan kanungo circle in sirhind tahsil included in nabha assembly constituency 1 rohna niwan 10 chanarthal kalan ii rurki 12 jakhwali 13 phagan majra 14 chalaila 15 dhatonda 16 lang 17 chanarthal khurd 2 pola 3 akar 4 halotali 5 jbinjran 6 mulepur 7 lataur 8 badhochi kalan 9 sangatpura names of patwar circles in amloh sub-tahsil in sirhind tahsil included in sirhind assembly constituency i i , i' , i i jasran (nasrali) 18 baronga zer 2 shahpur /'1 : ' i i : \ ~ i sangrur district"(is) names of patwar circles in sherpur kanungo circle in malerkotla tahsil included in mahalkalan assembly constituency i manal 14 ferozepur 13 fatehgarh (16) names of patwar circles in ahmadgarh kanungo circle in malerkotla tahsil included in mahalkalan assembly constituency 2 lohatbadi ( a and b) 6 abmedpur 3· kalyan 7 kanganpur 4· maholi kalan 15 sandaur 5· jhuner 16 nathoheri names of patwar circles in dhanaula kanungo circle in bamala tahsil included in barnala assembly constituency i kahneke' ii kaleke 9 pandheran 12 kot dunna 10 aspal kalan (18) names of patwar drcks in bhadaur kanungo circle in barnala tahsil included in bmnala as~{mbly u:nstitufdcy i raiya 12 dhapali 13 ghanda banna names of patwar circles in dirbha krnungo circle in sunam subtahsil in sangrur tah~i1 includld in sudsm a~sembly constituency 3 gujran 8 turbanjara 5 sihal 10 bhagraul 6 ghanaur j atan i i khanal kalan 7 kamalpur the delimitatiok of territorial council constitnncih (himachal pradesh' order, 1962i this order ma\' be called the delimitation of territorial counci constituencies (himachal pradesh) order, j 962 2 the constituencies into which the union territor\' of himachal pradesh shall he divided fur the purpose of election of members to the territorial council of himachal praj~h and the extent (if each c(lnstituency shall be as shown in the schedule to this order 3 one seat is allotted to each constituency 1 4 where the name of a constituency as shown in the schedule to thi'1 order is distinguished by the brackets and letters "(sc)", the seat in that constituency is reserved for the scheduled castes 5· any reference in the schedule to this order to a district or other territorial division shall be taken to mean the area comprised within that district or territorial division on the 1st day of february, 1962, including all municipal areas, notified areas, small town areas and forest villages lying within the periphery | extent | of | constituency ||-------------------------------------------|-----------------------------------|----------------------------|| ser- | | || name | | || of | | || constituency | | || ial | | || no | | || i | | || 2 | | || 3 | | || chamba district | | || i | | || pangi | | || pangi sub-tahsil ; | | || tissa | kanungo | circle || and tikrigarh (garh), charda (baghaigarh) | | || and chanju patwar circles in | | || tikri | kan- | || ungo circle | in | churah || 2 | | || churah | esc) | || manjir and bhandal kanungo circles | | || and | | || tikri | kanungo circle [excluding | tikrigarh || (garh), charda (baghaigarh) and | chunju | || patwar | circles] | in || 3 banikhet | | || bhalei kanungo circle in | | || churah | tahsil ; | || and banikhet | | || (chuhn) | kanungo circle, | || and | kakira, | hobar, || kuddi | patwar circles in chowari kanungo | || circle in bhattiyat tahsil | | || 4 bhattiyat | | || sihunta kanungo circle | | || and | chowari kanungo | || circle [excluding kakira, | | || hobar, | taragarh, | || kahriand | kuddi | patwar circles] in bhatti- || yat tahsil | | || 5 rajnagar | | || csc) | | || rajnagar and sach kanungo circles in | | || chamba tahsil | | || 6 chamba | | || panila kanungo circle and lylh kanungo | | || circle [excluding piuhara, | chhatrari, | || kunr | and | gehra || chamba tahsil | | || 7 bharmour | | || bharmour sub-tahsil ; and chhatrari, | | || piu- | | || harn, | kunr | and || lylh | kanunfzo | circle in chamha tahsil || mmldi | district | || orang | kanungo circle in | || j | | || o~indernagar | | || tahsil | | |8 jogindernagar | | 9 | chauntra ||---------------------------------------------|-------------------------------------|--------------------|| chauntra | kanungo circle in | jogindemagar || tahsil | | || 10 | | || dharampur | | || dharampur | ktlnungo | circk || and | jamsai patwar circles] in sarkaghat | || tahsil | | || ii | | || sarkaghat | | || gopajpur | kanungl' circle ((!xcluding | same || jehmat | (nagrota), | kot || hata, | bharnal and paonta | patwar || and | dharta | and jamsai || in | | || dharampur | kanungo circle in | sarbghat || tahsil | | || 12 | | || dehar | | || 13 | | || sundernagar | | || (sc) | | || dehar | kanungo circle (excluding | western || drehat | and | batwara || sundernagar | tahsil; | and || (nagrota), | rot | baldwara, || bhamaj | and | paonta || gopajpur | kanungo circle in sarkaghat | || tahsil | | || sundernagar | kanungo circle | and || drehat | and | batwara || in | | || dehar | kanungo circle in | sundemagar || tahsil | | || 14 | | || l{l!walsar | \ | sc) || baih kanungo circle (excluding | | || n | | || atnehad | and | || sehli | patwar | circles) in || r | | || 5 | \bndi | sadar || kamand, | katawa, | nagwain, jawajapur || (tungarh) | and | aut || n | atnehad | and || kanungo circle in | | || sadar | tahsil | || 16 | | || chachiot esc) | | || badar, | | || kamand, | kataula, nagwain, jawala- | || pur | (tungarh) | and || sadar | kanungo circle in | sadar || and | chachiot, kohlu, | gohar || patwar | circles in | nachan || and | ghatihad | (thana) || circles in sirai kanungo circle in chachiot | | || tahsil | | || nachan | kanungo circle (excluding chachiot, | || kohlu, | gohar | and || and | siraj kanungo circle (excludin(z | ghati- || had | (thana) | and || in chachiot tahsil | | |karsog tahsil 18 karsog bilaspllr district19 uhwnarwin (sc) t eun pargancl (excluding talwara patwar circle) and man;hwar and maliawar patwar drdt!s in sareun pargana in ghumarwin kanungo circle and sunhani and teun parganas in geharwin kanungo circle in ghumarwin tahsil 20 ajmerpur ajmerpur pargana, talwara patwar circle in teun pargana and mehri-kathla and talyana patwar circles in sareun pargana in ghumarwin kanungo circle ~ in ghumarwin tahsil 21 geharwin esc) geharwin kanungo circle (excluding sunbani pargana and auhar patwar circle in teun pargana) in ghumarwin tahsil 22 kot-kehloor kot-kehloor kanungo circle and behadurpur pargana [excluding soldha (chhakch) and rani-kotla patwar circles] of sader kanungo circle in sedar tahsil 23 bilaspur sadarpargana and rani-kotla and sojdha (chhakoh) patwar circles of bahadurpur pargana in sadar kanungo circle in sadar tahsil mahasu mul kimaur distn'cts24 solan esc) solan tahsil (excjt;ding chandi and badhaleg patwar circles in chandi kanungo circle), 25 arki arki kanungo circle, and dhundan, saryanj and matemi pan,'ar circles in dhundan kanungo circle, in arki tahsil, and chandi and badhalag patwar circles in chandi kanungo circle in solan tahsil 26 suni dhundan kanungo circle (excluding dhundan, saryanj and matemi patwar circles) in arki tahsil ; suni sub-tahsil; and bainsh (nev'ai), ghandai (shakrah), halog, and ghanahati pan,"ar circles in kotidhami kanungo circle in kasumpti tahsil 27 kasumpti kasumpti tahsil [excluding suni sub-tashil ; and bainsh (newul), hall's, ghanabati and ghandal (sh'lkrah) pam-ar circles in kotidhami kanungo circle] ; and ma;har, cheog, barog, tiali, and balag patwar circles in dhamandri kanungo circle in theog tahsil 28 theog (sc) sandhu kanungo cirek, dhamandri kanungo circle (excluding lvla;har, cheog, barog, tiali and balag patwar circles) and baragaon, kangal and shiwan patwar circles in kumarsain sub-tahsil in theog tahsil 29 kumarsain kumarsain sub-tahsil (excluding baragaon, kangal and shiwan patwar circles) in theog tahsil ; and southern kanungo circle (excluding kumsu and taklech patwar circles) in rampur tahsil 30 rampur esc) - northern kanungo circle, and kurnsu and taklech patwar circles in southern kanungo circl~ in rampur tahsil of mahasu district ; and rupi and natra patwar circles in xatpa kanungo i:irclc anj nichar and paunda patwar circles in nichar kanungo circle in nichar tahsil of kinnaur district 31 kinnaur kinnaur district (excluding rupi and natpa patwar circles in natpa kanungo circle and nichar and paunda patwar circles in nichar kanungo circle in nichar tah~il) eastern kanungo circle in ri,hru tahsil 32 rajgarh western kanungn i:irdc: in ri·hru tab,il 33 rohru 34 kotkhji juhbal tahsil ; kotkhai -uh-tah;ij in the()j! tahsil 35 chopal sir",ur distri":l 36 pa~hhaj (sc) dhamla (pa;hota) anj sarah1n kunungl1 l:irl:il-; and wasni, mangarh and dhar-tikri patwar circles in rajgarh kanungo circle in pachhad tah5ij 37 sangrah sangrah kanung\l circle in rainka tahsil ; and rajgjrh kanungll l:irck (excluding wasru, \langarh and dhar-tikri pat war circles) in pachh~hi tahsil 38 rainka (sc) dana kanungo circle, and shilai kanungo circle (excluding shilai~ gwali and bandli patwar cirdcs) in rainka tahsil 39 shilai shilai, gwali and bandli patwar circles in shilai kanungo circle in rainka tahsil ; oiripar kanungll circle in paonta tahsil 40 paonta giriwar kanungo circle in paonta tahsil 41 nahan nahan tahsil the delimitation of cou~cil co~stituencies (punjab) order 1951in pursuance of section ii of the representation of the people act, 1950 (n of r950) ,tl-t~ pfl!~ident is rle]~ej tn make the follwoing order, name1y:-i this oed!r mly be cjlled the delimitation of council constituencies punjab) order, 1951 2 the constituencies into which the sute of punjab shall be divided for the purpose of elections to the legislative council of the state from (a) the graduates' constituencies, (b) the teachers' constituencies, and (c) the local authorities' conatitu ~ncies in the slid state, the extent of each such constituency and the num'')er of seats allotted to each such constituency shall be as shown in the following table:-name of comtiluenc~' extent of cllnstitucncy number of seat') --_ __--------_ __------__---------------3 ciradllalcs em/sf illlt·,,,·i(~ i punjjh ~orth gradual('s amritsar, (jurdaspur, hoshiarpur, kan!!ra kulu and lahaul and sriti districts j i ferozcpur, karurthala, jullundur and ludhiana districts 2 punjab west central graduates | | and | simla ||--------------|--------|----------|| 3 | punjab | east || graduates | | || central pati | | la, || districts | | |~ plilljlb s,lulh lii',lduates bhatinda~ sangrur, kamal hissar, rllhtak, ,\lahendragarh and gurgaon districts i punjab ~()rth t\?i~hers amritsar, gurdaspur, hoshiarpur, kangra, kulu and lahaul and spiti districts 2 punjab \\tcst teachers central ferozepur, kapurthala, jullundur and ludhiana districts 3 punjab east teachers central bhatinda, sangrur, patiala~ ambala and simla districts 4 punjab south tc<ll;hers karnal, hissar, rohtak, mahendragarh and gurgaon districts ' lol'al 1 url/(j/,jrics' consr;rwmcies i amritsar-cwlj-kupurthala local authorities amritsar districts and knpurthala 2 gurdaspur local authorities gurdaspur district - i ahllui | | 3 kangra, | kulu-cum- ||------------------|---------------|-------------|| lahaul | and | spiti local || authorities | | || kangra, | | || kulu | and | || and | | || spiti j)istricts | | |4 hoshiarl'ur li)~'al -\uthorities hoshiarpur distrkt -5 jullundur j,,~·<d ;\uthnriries j ullundur distrk't 6 ferozcpul' llical authorities fcrozepur district | 7 | bhatindn ||--------|-------------|| local | || autho- | || rities | |8 sangrur local authl)-rities sangl'ur district 9 ludhiana local authorities ludhiana district to patiala local authorities patiala district j j j ambala-cum-simla local authorities ambala and simla districts 12 karnal local authorities karnal !:>istrict 13 hissar local authorities hissar district 14 rohtak-cum-mahendragarh local authorities 2 rohtak and mahendragarh districts 15 gurgaon local authorities (;urg,wn district 3 any reference in this order to a district shall be construed as u reference to the area comprised within that district on the jst day of april 1965, e'<fh':rs pro\t thb constitufion (schpduled castril) ordpr, 1950in exercise of the powers conferred by clause (i) of article 341 of the constitution of india, the president, after consultation with the governors and rajpramukhs of the states concerned, is pleased to make the following order, namely: ---i tnis o;d!r mjy hi! : illl!l tht: c"n~titution (scheduled castes) order, 1950 2, subject to the provisions of this order, the castes, races or tribes or pjrts of, or groups within, cu:;tc~ 1'1 tribes, spcl'ifil!d in purts i to xiii of the schedule to this order shall, in relllion tll the states to which those part); l'especth-ely relate, be deemed to he scheduled castes so far as regards members thereof resident in the hcllitic~ s\ll'l'ilicd in relution to them in those parts of that schedule 3 notwithstanding anything contained in paragraph 2, no person ",h, professes a religion different from the hindu (lr the sikh reliftkn ~hllll i- t' deemed to be a member of a scheduled caste, 4- any reference in this order except purts 1\-and vli-a of the schedule, to a state or to a distril,t or other territorial division thereof, shall be construed as a reference to the state, district or other territorial division constituted as from the 1st day of no\'ember, 1956; and any reference in parts iv and vli-a of the schedule to a state or to a district or other territoria division thereof shall be construed as a reference to the state, district ilr othe territorial division constituted as from the lst day of may, 1960 x-punjabi throughout the state;-i ad dharmi 2 bangali 3· barar, burar or berar 4 batwal 5· bauria llr bawaria 6 bazigar 7 balmiki, chura or bhangi 8 bhanjra 9 chamar, jatia chprrur, rchgar, raigrr prn-(':;~i ("j" ra"icf~ i 10 chanal ii dagi 12 dhanak 13· dumna, mahasha of doom q gagra 15 gandhila llf gandil (;on<lola 16 kabirpanthi or julaha 17 khatik i r kori or koli 19 marija or marecha 20 mazhabi 21 ~iegh 22 nat 23·0d 24 pasi 25 perna 26 phercra 27 sanhai 28 sanhal 29 sansi bhejkut (ir mancsh 30 sapda 3 t sarera 32 sikligar 33 sirkibanj 2 throughout the state (xapt the di!'tr1lt~ ('1' pmialn rhatirl'", muhinderguh, kapurthala anj sangrur:-i darain 2 dhogri, dhangri ur siggi 3 sansoi 3· in the! districts of patiala, bhatinda, mohinderg'clrh, kapurthala and sangrur:-deha, dhaya or dhea extracts prom the constituti{)~ (scheduled c\stl·:s) (ljnio:-l terri- tories) order 1951 in t:xercise of the powers conferred by clause (i) of article 341 of the constitution of india, as amended by the comtitution (first amendment) act 1951, the president is pleased to makl' thl' fi)llllwing order, namely:-i this orde!r may be called the constitution (scheduled castes) (union territories) order, 1951 2 subject to the provisions of this order the castes, races or tribes or parts of, or groups within, castes or tribes, specified in parts i to iv 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 3· notwith~tanding anything contained in paragraph 2, no person who protesses a religion different from the hindu or the sikh religion shall be dei!ne:i to b;! a m;!mber of a schejuled gmt: 4· any reference in this order to a union territ(lry shall be construed as a reference to the terri ton' constituted as a vnion territory as from the 1st day of nllvemher, 1956 - • the schedule - • - • - part ii-himtu:lwl prlldesnlthroughout the union territory:-i ad-dhanni 2 badhi or nagalu 3 bandhcia 4 balmiki, chura or bhangi 5 bangali o banjara 7 bansi 8 barad 9 bumr roo batwal 1 i bawaria u bazigar 13 bhanjrd q chamar, mochi ramdasi, ra\'idasi (if ramdasia is chana i 16 chhimbe (dhobi) 17· cbuhre r8 dagi 19 daole 20 darai or daryai 21 daule 22 dhaki or toori 23· dhaogri or dhuai 24· doom or doomna 25 dumne (bhanjre) 26 hali 27 hasi 28 jogi 29 julahe 3)· kl~irplnthi, julaha or keer 31 kamoh or dagoli 32 karoack 33 khatik 34 koli 35 lohar 36 mazhlbi 37 megh 38 nat 39 oj 40 pasi 41 phrera 42 rooar 43 rooara 44 sansi 45 sapela 46 sarde, sarare or <iiryare 47 sarehde 48 sikligar 49 sipi so sirkiban:t 51 teli 52 thlthiu ~)r thlthera extr-\cts fr:l the co:llsritutio~ (schi!duu!d tribes) ordbr, 1950 in exercise of t~e i':l,vcrs co:tferrd by clju~e (r) of article 342 of the c 1 btitution of irdia, the pre~ijent after c\)nmltat:on with the governors an j rajpra nl1<1~ of t~l! states c,n::efjl:!j, is pl!l~d to mlke tre f("hring order, nrnely :-i tllis oder may be callej the con~titutio:1 (scheduled trib",) order, 19,0 2 the tribes or tribal com '11 unltles, or parts of, of groups within, tribes or tribal communities, spedtied in parts i to xii of the schedule to this order shall, in relation to the states to which those parts respectively relate be deemed to be scheduled tribes so far as regards members thereof resident in the localities specified in relation to them respectively in th(lsc parts of that schedule 3 any reference in this order, except parts iv and vii-a of the schedule, to a state or to a district or other territorial division thereof shall be con<;trucd as a reference to the state, district or other territorial division, constituted as from the 1st d,n' llf ~ll\'ember, 194i6 ; and any reference in pmts iv anj v[l-a of the schcjuk to " state or to a district or other territorial divisiun thereof shall be ~llnstrued as a reference to the state, district or other territorial division constituted as from the 1st day of may, 1960 - - the schedule - - - - - part x-punjab in spiti and lahaul in kangra district :-i gaddi - - 2 swangla 3 rhot or bodh - - - - - extracts from the co:-;rstitl'tl()~ (scheduled tribes) (union territories) order, 195 iin exercise of the powers conferred by clause (i) of article 342 of the constitution of india, as amended by the constitution (first amendment) act, 195 i, the president is pleased to make the following order, namely :-i this order may be called the constitution (scheduled tribes) (union territories) order, 1951 z the tribes or tribal communities, or parts of, or groups within, tribes or tribal communities, specified in parts i to iv of the schedule to this order slnl1, in relation to the union territories to which those parts r\!,p~;;tiv!ly rdate, be deemed to be scheduled tribes so far as regards m::mbers thereof resident in the localities specified in relation to them respectively in those parts of that schedule 3 any reference in this order to a union territory shall be construed ao; a reference to the territory constituted as a union territory as from the 1st day of november, 1956 the schedule part i-himachal pradeshthroughout the union territory :-i gaddi 2 gujjar 3· jad, lamba, khampa and bhot or blldh 4 kanaura or kinnara 5 lahaula 6 pangwala - extrac,t from thf advoc'at1':~ ;\c1' jljtll (25 (11' 19611 - - - - - - chapter ii bar coukclisstate bar councils 3 (1) th!!re shall he a bar council-·-- - - (d) for the stlte of punjab and the cninn territory of himachal pradesh, to be known as the bar council of punjab ; - - - - - - - extract from the constitution (distriih"tion of revenues) order, 1965 in exercise of the powers conferred by lrtides 270 and 275 of the constitution and of all oth!!r powers enabling him in that behalt~ the president, after having considered the recommendations of the finance commission, hereby makes the following order, namely:--i this order may he called the constitution tdistribution of revenues) order, 1965 z the general clauses act, 1897 (10 of j 897) applies for the interpretation of this order as it applies for the interpretatil'n of a central act 3 (i) for the purposes of clause (2) of article 270, two-and-a-half per cent of so much of the net proceeds of taxes on income as does not represent the net proceeds of taxes payable in respect of union' emoluments shall represent the proceeds attributable to union territories for each financial year commencing on and after the first day of april, 1966 _-------(2) the i)~!'centage pf the net proceeds of the taxes on im:llme, except in so far as th,)sc proceeds represent proceeds attrihutable to union territories or to taxes payable in respect of union emoluments which is to he assigned to the states underthe said clause in each of the financial ~'~ars commencing on and after the fi rst day of april, 1966, shall be sc\,enty-fi,'c per cent ; and the total amount to be so assigned shall be distrihuted illlung the states as tcluows :-_---__---- --------------percentage state andhra pradesh , asaam bihar - - - - - - - the second schedule(see section 4) - - - - - - 2 during each of the financial years commencing on and after the [st day of april, 1966, there shall be paid,-(a) to the state of jammu and kashmir a sum equal to i' 5 per cent of the net proceeds ; (b) to the state of nagaland a sum equal to 0 '05 per cmt rf the net procce-cis ; and (c) to each of the states specified in the first column of the table-(i) a sum equal to the amount specified against that state in the second column of the table ; and (ii) if the total of the sums specified in the second column d the table is less than 97' 45 per cent (f the net proceeds by any amount, a further sum equal to such percentage of that amount as is specified against that state in the third column of the table : provided that if duriog that financial year there is levied and collected in any state a tax on the sale or purchase of sugar, tobacco, cotton fabrics, silk fabrics, woollen fabrics and rayon or artificial silk fabrics by or under any law of that state, no sums shall be payable to that state under clause (a), or clause (b), or, as the case may be, under clause (c) in respect of that financial year, unless the central government by special order otherwise directs i 2 3 state rupees in lakhs percentage - - - - - - - punjab 1,,'19 5'oj - - - - - - - extract prom the estate dtrry (distribution) act, 1962" (9 of 1962) - - - - - - - o~~~i~: 3 (1) during each financial year comm~,ncing on and after the 1st cds of estate day of april, 196<), the net proceeds of estate duty levied and collected during duty assigned that financial year shall, after deducting therefrom a sum equal to two per to the states cent of the said proceeds as being attributable to union territories, be distributed among the states in accordance with the provisions of sub-i)ection (2) , (2) out of the total amount falling to be distrihuted in any financial year under sub-section (1)-(a) the amount attributable to inunovable property shall be distributed among the states in proportion to the gross value of the immovable property situated in the respective states as determined in respect of that financial year ; (b) the balance shall be disrributed among the states as follows :-----state percentage | | ||--------|------|| | || - | || - | || | || - | || punjah | || 4'7 | || 0 | || - | || | || - | || - | || | || - | || ---- | || | || ---- | || - | || | || - | - || | || - | || | | extract from th~ states reorganisation act, 1956(37 of 1956) - - - - part iii zones a~d zo~ai councils - - - establish-15 as from the appointed day, there shall be a zonal council fi)r each ment c!zi'n;1l uf the following five zones, namel\" :--councjls ' h s f p b r' :h (a) the northern zone, comprlsmg t c ,tates () unla, alast an and jammu and kashmir and the union territories of delhi and himachal pradesh ; (b) the central zone, comprising the states of uttar pradesh and madhya pradesh ; - - - - - - - a bill to provide for the reorganisation of the existing state of punjab and for matters connected therewith (shri gulzan1al n anda, minister of home ajjairs)

Parliament_bills

b3b07bc4-ed02-5512-9402-15e867a6edc7

bill no 26 of 2014 the abolition of begging bill, 2014 byshri sharad tripathi, mp a billto provide for abolition of begging and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-fifth year of the republic of india as follows:— 1 (1) this act may be called the abolition of begging act, 2014(2) it extends to the whole of indiashort title, extent and commencement(3) it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) ''appropriate government'' means in the case of a state, the government of that state and in all other cases, the central government;(b) ''beggar'' means a person who indulges in begging;(c) ''begging'' means—(i) soliciting or receiving alms in a public place including railways, bus stops, road sides or any other place where public has access;(ii) exposing or exhibiting any wound, deformity or disease of self or of any other person or of an animal for the purpose of soliciting or collecting alms;5(iii) allowing one self to be used as an exhibit for the purpose of soliciting or collecting alms; but does not include—(i) soliciting or receiving money or food or gift by executing an act of art or music or dance or acrobatics or painting at any public place; and10(ii) soliciting or receiving money or food or any offering in connection with any religious practice or a custom involved in any religion; (d) ''child'' means a boy or a girl who has not attained the age of eighteen years;56 of 200015(e) ''children's home'' means a children's home established under the juvenile justice (care and protection of children) act, 2000;(f) ''prescribed'' means prescribed by rules made under this act; and (g) ''receiving centre'' means a centre established under section 53 begging by any person in any manner is hereby abolishedabolition of begging204 whoever forces or encourages any person, including a child in his care, custody or charge, for begging shall be punished with rigorous imprisonment for a term which shall not be less than ten yearspunishment for forcing or encouraging any person for begging5 (1) any person found begging shall be arrested by the police and before making every such arrest, the officer-in-charge of the concerned police station shall satisfy himself as to the bona fide of the arrested beggararrested beggars to be sent to receiving centres25(2) any person, other than a child, arrested on the ground of begging shall be sent to a receiving centre, to be established in every district by the appropriate government, wherein such person shall be provided with facilities for his rehabilitation30explanation—for the purpose of this section, facilities for rehabilitation includes medical care, sustenance and training in agricultural or industrial or other pursuits aiming at providing gainful employment to the beggars(3) any child arrested on the ground of begging shall be sent to a children's home (4) every child sent to a children's home shall be provided with food, medical care and education free of cost356 (1) the central government shall constitute a fund to be known as the beggars'welfare fund for the welfare of the beggarsconstitution of beggars' welfare fund(2) every beggar shall be provided with such financial assistance in such manner as may be prescribed, out of the fund, for self-employment40formulation of schemes, plans for beggars7 (1) the appropriate government shall, for the purpose of providing employment opportunities to beggars, formulate such schemes, work out such plans, including plans for provision of education, and create such suitable infrastructure in every district, as it considers appropriate(2) the appropriate government shall set up destitute homes in every district for providing food, shelter and protection to the old, infirm, helpless and destitute persons to ensure that they do not indulge in beggingpunishment for maiming58 (1) any person who maims himself or other persons for the purpose of soliciting or collecting alms shall be punished with rigorous imprisonment for a term which may extend to ten years(2) where a person maims any child or woman or any person who is above the age of sixty years for the purpose of soliciting or collecting alms shall be punished with imprisonment for a term which shall not be less than ten years109 notwithstanding anything contained in any other law for the time being in force, anoffence under this act shall be cognizable and non-bailableoffence to be cognizable and nonbailable power to make rules10 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of the act1520(2) every rule made under this act by the central government shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule(3) every rule made by the state government under this act shall be laid, as soon as may be after it is made, before the state legislature statement of objects and reasonsdespite welfare measures taken by the central and the state governments, the menace of begging continues unabated all over the country, especially in the metropolitan cities and urban areasdrives launched by the state governments and union territory administrations and anti-begging legislations enacted by various state legislatures to curb this menace have failed to achieve the desired results today the menace of begging has assumed criminal proportionsthus, a legal framework has to be created at the national level to tackle the menace of begging and also to create an environment in the society wherein a life of dignity is assured to persons indulged in begginghence this billnew delhi;sharad tripathijune 11, 2014 financial memorandumclause 5 of the bill provides for establishment of ''receiving centres'' by the appropriate government clause 6 provides for constitution of the beggars' welfare fund by the central government clause 7 provides for formulation of schemes and providing suitable infrastructure in every receiving centre or destitute home established in every district for the purpose of creating employment opportunities for beggars the central government would have to incur expenditure from the consolidated fund of india for the establishment of receiving centres, destitute homes and creating suitable infrastructure in such centres or homes in respect of union territories as far as the establishment of receiving centres, destitute homes and providing infrastructure in such centres and homes in the states is concerned, the state governments will incur expenditure from their respective consolidated funds the bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one thousand crore per annuma non-recurring expenditure of rupees one hundred crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for abolition of begging and for matters connected therewith or incidental thereto————(shri sharad tripathi, mp)gmgipmrnd—684ls(s3)—27062014

Parliament_bills

5ee83a47-5c0c-55b4-b6af-378eb90a6d73

the manipur (village authorities in hill areas) bill, 1956(as introduced in lok sabra) the manipur (village authorities in hill areas) bill, 1956 (as introduced in !ok sabra) a billto consolidate and amend the law telating to the constitution and functions of village authorities in the hill ateas of the state of maniput be it enacted by parliament in the seventh year of the republic of india as follows:- chapter is 1 (1) this act maybe call~ the manipur (village authorities short title - inltill af eas) act, 1956, extent and commence-(2) it extends to the whole of the hill areas of the state of medt mat\lpur ' (3) it shall come into force on such date as the central govern-10 ment may, by notification in the official gazette, appoint ·itft this act, unles\;, thecohtext oflierwise requires,-definition • (a) "chief commissioner" means the citief colnuwisioner of manipur; is (q)t'deputy comrnis~iooer:' means the peputy commissioner of'manipur and ' includes the additional deputy commissioner thereof; , , (c) "ilej,pous, offence" jxlndi-'(llahydl thefollowirg offences plmiabable under the -·li1diaft· penal code,ihat -is-'to say, any otre-n:ce 'under chapter 45 of 1860 vi, rioting, any offence under chapter xii, murder, culpable homicide not amounting to murder, grievous hurt, kidnapping or abducting in order to subject a person to slavery, buying or disposing of any person as a slave, habitual dealing in slaves, rape, robbery, dacoity, mischief by s fire or explosive substance, and house breaking; (ii) any offence punishable under the indian arms act, 1878; ii of 1878 and includes any attempt, preparation or conspiracy to commit, and abetment of, any of the offences specifted in sub-clause (i) 10 or sub-clause (ii); (d) "hill areas" mean such areas in the hill tracts of the state of manipur as the chief commissioner may, by notification in the official gazette, declare to be bill areas; (e) "legal practitioner" includes a pleader, mukhtar or re-is venue-agent; (f) "prescribed" means prescribed by rules made under this act chapl'er :iiconstitution and functions of village authoritiiils 20 3 (1) for every vllloce having' twenty or more tu-paybac- houses there shall be a village authority eodslstldr of-constitution of - village authoritiel (a) five members, where the number of tn-paying houses in the vlllage is not less than twenty but is not more than sixty; (b) seven members, where the number of tu-payidj' houses 2s in the ,village is more thad sixty but is not more than ode hundred; (c) ted members, where the number of tu-paying houses in the vfilage is more than one hundred bnt is 110t more thad one hundred and my; 30 (d) twelve members, where the number of tu-payinl' houses in the village is more than one huddred and fifty (2) the chief commissioner may, havtnr regard to the paeral interests of the people of any viaai'e as also to the demand, it any, from the people of that vll1age for an elected v11iap authority, 3s declare, by notification in the oftletal gazette, that the village shall have an elected village authorlty, add thereupon the members of the village authority of that vtllap shall be elected in aceordadce with the provisions of this act and the rules made thereunder (3) where no declaration under sub-section (2) has been made s in relation to any village the members of the village authority of that village shall be nominated by the chief commissioner (4) where there is a chief or khallakpa in a village, he shall be the ex of]icio chairman of the village authority of that village; and where there is no such chief or khallakpa in the village the chair-[0 man of the village authority of that village shall be elected by the members of the village authority from among themselves 4 a person shall not be qualified to be chosen as a member of ~::!iftcla village authority unless hefor mem-(a) is a citizen of india; bership of villa,e authoritici 15 (b) is not less than twenty-five years of age; and (c) in the case of membership of an elected village authority, is registered in the electoral roll as a voter for the election of a member of the village authority 5 a person shall be disqualified for being chosen as, and ao being, a member of a village authority,-for diaqualifications for mcm-(a) if he is a member of any other village authority; benhip of viilagc authoritie • (b) if he is of unsound mind and stands so declared by a competent authority 8 the term of office of members of a village authority shall be term of 25 three years from the date appointed for its first meeting ~~bcfl of of village authorities 7 the election of members of the village authority of a village elcctiod of shall be on the basis of adult suffrage, that is to say, every person ~i~f!::n of who is a citizen of india and who is ordinarily resident in the village authoriand is not less than twenty-one years of age on such date, as may be tics 30 fixed by rules made under this act, shall be entitled to be registered as a voter at any such election explanation-a person shall be deemed to be ordinarily resident in a village if he ordinarily resides in that village or owns, or is in possession of, a dwelling house therein 3' 8 (1) the deputy commissioner may remove any member of village authority from his office-(a) whe is convicted of any non-bailable offence; or -, ""'--l&rwho refuse~rloairt l>rbecomel incapa1:t1eofactiug, oris ----~de&lred' 'tci1:)e insalvent; or' , "' " -(~) ;'ho has 'b~n d~cl~r~d by notification to be dlsquallfted for employment in the public service; or- " '(d) wh!:>~without an excuse 'sufficient' in the qpin~onof the s deputy commissioner absents himself from six consecutive meetings-of the village authority;' or' '" ee) wllo has,been guiltyof it!isconductin the discharge of his d,uties, or of any disgraceful" conduct, if tw~thirds of, the totalril,lull>er 9f thetpe~'bers of the vi1l~e authority ata 10 meeting recommend his removal resignation of members (2) no pe~on who has' been ~movedfrom his qffice uncier 'clause (a) or clause (c) of sub-section (1) shan be eligible for re-nomination or re-election 9 a member of-a village authority mayresigo his office by ls writing under his hand addressed to the chairman of the authority but sh&li' continue in office' untri his resignation has been accepted in a meetitlgof the authol'ity " ' pflug of 10 when the office of a member of a village authority becomes c:at'wl1-vacant by his removal, tesignation or death', anew-member shall be 20 vlcancfts 'nominated or elected to fill theftcancy aftd'shau"hold office 80 'long as the member whose place he fills would have been, entitled to hold office if such vacancy had not occurred bar to 11 no election of a member of a village autllotity shall be c~iled interferenc1e in question in any court, and no court shall grant an injunction,-25 by couns ' " , ~~~ el of matters (a) to postpone the ectiqn a member of a village authority; or (b) to prohibit a person declared to have been duly elected under this act from taking part in the proceedings of a village authority of which he has been eleeted a member; or 30 (c) to prohibit members nominated or elected for a villase auth9,rity from entering upon their duties ele~ion 12 (1) if a dispute arises as to the election of any member of a disputes village authority, the matter shall be referred to the deputy commissioner who shall decide the same after giving notice to the parties 35 concerned and after taking such evidence as may be produced (2) the order of the deputy commissioner may within thirty days from the date thereof, be' revised by the chief commissioner whose· decision shall be final and shall not be questioned in any court 13 no act done or proceedings taken by a village authority un- validation der this act shall be questioned on the ground merely of-~~d a~:o_ s th· f d f th ceedings (a) e exlstence 0 any vacancy m, or any e ect in e constitution of, the village authority; (b) any defect or irregularity not affecting the merits of the case 1 14 every village authority shall be a body corporate by the incorpora-10 name of the village for which it is constituted and shall have perpe- ~~nag~f tual succession and a common seal, and shall 'by the said name sue autlloriand be sued, with power to acquire, hold and dispose of property, ties both movable and immovable, and to contract and do all other things necessary for the purposes of this act is 15 subject to the general s~~e~intendence and control of the ~il?::lof deputy comnussloner, the sub-dlvlslond ;:l,,,,i;tnu~ snall have con- authori-!ro~ ?v~r all the village authorities within the local limits of his !~b-ji~i-jurlsdictlon sio~l magistrate 16 (1) every village authority constituted under this act shall, functions 20 within the local limits of its jurisdiction, perfonn the following oaf vhillage ut orj-functions, namely: -_ ties (a) it shall, to the best of its ability maintain law and order and for that purpose exercise and perfonn the powers and duties generally conferred and imposed on the police by or under the police act, 1861: s of l86r 25 provided that a village authority shall not be deemed to be a police officer wi thin the meaning of sections 25 and 26 of the indian evidence act, 1872 or section 162 of the code of criminal procedure, 1898; (b) it shall cause to be arrested without any order from a magistrate and without a warrant-35 (i) any person who is a vagrant or commits a heinous offence or who has been concerned in any such offence or against whom a reasona'ble complaint has been made or credible information has been received or a reasonable suspicion exists of his having been so concerned, (ii) any person against whom a hue and cry has been raised on the ground of his having been concerned in any heinous offence, whether such offence has been or is being committed within its jurisdiction or outside it, (iii) any person for whose arrest a requisition bas beed received from a police officer; provided that the requisition specifies the person to be arrested and the offence or other cause for which the arrest is to be made or it appears therefrom that the person might lawfully be arrested without a 5 warrant by the officer who issued the requisition, (iv) any person designing to commit any heinous offence of which the village authority has knowledge, if the commission of offence cannot otherwise be prevented, (v) any person who o'bstructs the village authority in 10 the performance of its functions under this act or rules made thereunder or a police officer while in the execution of his duty, and (vi) any person who has escaped, or attempts to escape, from lawful custody: is provided that where a village authority is unable to arrest an offender it shall forthwith report the matter to the sub-divisional magistrate who shall provide the village authority with such assistance as it requires: provided further that the village authority may pursue be-20 yond the local limits of its jurisdiction any person who has committed a heinous offence or is a vagrant or of bad or suspicious character, and arrest such person outside the local limits of its jurisdiction with the consent of the village authority within the local limits of whose jurisdiction the person pursued 25 is found; -(c) it shall give immediate information to the sub-divisional magistrate of every unnatural, suspicious or sudden death which may occur, and of any heinous offence which may be committed, within the local limits of its jurisdiction and shall keep the sub- 30 divisional magistrate informed of all disputes which are likely to lead to a riot or serious affray; and (d) it shall supply any information which any police officer or the sub-divisional magistrate or the deputy commissioner may require from it 35 (2) no person who is arrested under ~his section shall be detained in custody without being informed, as soon as may be, of the grounds ~f such arrest (3) every person who is a,rrested and detained in custody shall be produced before the nearest magistrate within a period of twenty 40 four hours of such arrest excluding the time necessary for the journey from the place of attest to the court of the magistrate and do such person shall be detained in custody beyond the said period without the authority of a magistrate; 17 (1) every person shall be bound to render, to a village autho- obli&,ation 'rity performing the functions under this act, dl the assistance t?ill:~~8t i', which he is bound to render to a police officer under section 42 of the ~uthol'i-, , ii, code of criminal procedure, 1898, and, every person who refuses or ties neglects to comply with any requisition for such assistance shall be punishaole with fine which may extend to-o 10 (<<) two hundred rupees, where the sentence is passed by ~ 4 a village court, or (b) five hundred rupees, where the sentence is passed b~ the court of a sub-divisional magistrate (2) against an order passed under sub-section (1) an appeal shall is lie-(a) to the court of sub-divisional magistrate, where the order is passed by a village court; (b) to the court of session, where the order is passed by the court of the su'b-divisional magistrate, 20 within a period of thirty days from the date of such order or within such longer period as the appellate court may allow: provided that no appeal shall lie in any case in which a village court passes a sentence of fine not exceeding twenty rupees or in any case in which the court of a sub-divisional magistrate passes a 25 sentence of fine not exceeding one hundred rupees 18 the chief commissioner may at any time call for and power of examine the record of any proceeding before a village authority, c~ef com-'ii b-d' "i' dc" missioner vi age court, su ivlslona magistrate or eputy ommlssloner to call for under section 17 for the purpose of satisfying himself as to the cor- rvec101 rds of ::, 1 1 fi d d i age 'oj rectness, ega ity or propriety of any n ing, sentence or or er re- authoricorded or passed and after perusing the record set aside, modify or ldi!=s, ~ub-l ivislona confirm such finding, sentence or order: magistrate or deputy provided that where an order has been made by the court of commissession in an appeal preferred under sub-section (2) of section 17, sioner 35 the chief commissioner shall not interfere with such appellate order, chapt~r iiiadministration of justice by village authorities con'jtiu-19, whenever a village authority has been constituted for any ti~n ° 40 villb6e, the chief commissioner may by notification in the official v~~ gazette, appoint any two or more of the members of the village authority to be a village court during their term of office as members of the village authority '\, jurisdiction of village a)urts in criminal cases 20 notwithstanding anything contained in the code of criminal procedure, 1898, the village court shall have jurisdiction concurrent with that of the criminal court within the local limits of whose jurisdiction the village is situated for the trial of all offences specified in the schedule | how ||-------------|| may || be || instituted |21 (1) a case before a village court may be instituted by a ( -complaint, made orally or in writing, to a member of the village 10 court (2) if the complaint is made orally, the member shall record the name of the complainant, the name of the person against whom the complaint is made, the nature of the off~nce and such other particulars, if any, as may be prescribed, and shall direct the complain- is ant to appear before the village court 22 (1) if upon the face of the complaint, or on examining the complaint, the village court is of opinion that the complaint is frivolous, vexatious or untrue, it shall dismiss the case by order in writing ~ power of village courts to dismiss or refuse to entertain complaint (2) if at any time it-appears to the village court-(a) that it has no jurisdiction to try the case, or (b) that the offence is one for which the sentence which the court is competent to pass would be inadequate, or (c) that the case is one which should not be tried by the 25 court, i,t shall direct the complainant to the proper court, dismisal of case for default 23 if in any case before a village court the complainllnt, fails to appear on the day fixed, or if in the opinion of the court he"~ows negligence in prosecuting his case, the court may· dismiss the case 30' for default, and such order of dismissal shall operate as an acquittal proceedinls preliminary to trial 24 (1) if the complaint is not dismissedy the vil~ge":co~rt "s~~l; subject to the provisions of &e!ction 53;" by summcms" ", or otherwise '" require the accused to appear and answer the complaint (2) if the accused fails to kppear or cannot be found, the court ss shall report i 'the fact to the nearest magistrate, who may issue a warrant for the arrest of the accused and when an'eated may forward him for trial to the villag(: court oj' f~ll'ue",him on bail to appear before i" ' (3) the village court shall, if possible, try the case on the day on which the accused appears or is brought before it; but if that is not possible, the village court shall release him on his executing a bond for a sum not exceeding two hundred rupees to appear before the 5 court on any subsequent day to which the trial may be adjourned 5 of 1898 25 notwithstanding anything contained in the code of criminal bar to procedure, 1898, there shall be no appeal by a convicted person' in d::~j!~m any case tried by a village court: of village court5, but provided that the deputy commissioner or the sub-divisional :d:~r r~~rirj 10 magistrate, if satisfied that a failure of justice has occurred, may of his own motion or on the application of the parties concerned, ca~ cel or modify eny order of conviction or of compensation made by a village court or direct the retrial of any case by a court of compet~nt jurisdiction subordinate to him 26 (1) a village court shall record its decision in writing and pilower of v lage court~ may sentence an offender convicted by it to pay a fine not exceed- to impose 15 ing two hundred rupees or in default to imprisonment for a term fine or to awilrd comnot exceedmg one month pensatior (2) when litvillage court imposes &' fine under sub-section (1), 20 it may, when ,passing the order, direct that whole or any part of the fine recovered shall be applied in payment of compensation for any loss or injury ·caused by the offence (3) when a person has been sentenced to imprisonment under sub-section (1) in default of payment of fine if such fine be not 25 paid within ten days of the passing of the sentence or within such further time, if any, as the village court may allow, the court may cause him to be arrested and may commit him to the nearest jail to serve his sentence: provided that notwithstanding anything contained in the indian ~s of 1860 30 penel code-(a) the fine imposed by a village court shall not be realised from any person who has served his term of imprisonment under this section; 35 (b) the person serving his term of imprisonment shall be forthwith released if the fine is paid before the expiry of the term of imprisonment: provided further that no woman shall be sentenced to imr-isonment in default of payment of fine l'ower of village 27 when any person is convicted by a village court of an offen(!8 punishable under sub-section 26 and no' previous conviction is proved against him, if it appears to the said court, regard being had to the age, character and antecedents of the offender and the circumstances in which the offence was committed, that it is expedient-(;<)urt~ to releeo certain offenders after admonition or on probation of good c:ondu( t (a) that the offender should be released after due admonition, the village court may instead of sentencing him to any punishment, release him after due admonition; or (b) that the offender should be released on probation of i:: good conduct, the village court may, notwithstanding anything contained in the code of criminal procedure, 1898, instead of sentencing him at once to any punishment, direct that he be released on his executing a· bond for a sum not exceeding two hundred rupees to appear bond receive sentence when called 15 upon during such period not exceeding one year as the village court may direct, and in the meantime to keep the peace and be of good behaviour power of a notwithstanding anything contained in the code of criminal ~~:~: to procedure, 1898, the villtge court may allow the parties to compound 20 5 of 898 permit com- any offence tried by it pounding of offences - power to iqnlfer ,riminal cases 29 the deputy commissioner or the sub-divisional magistrate either on application made to him in this behalf or on his own motion, may transfer any case from one village court to another or to any other court subordinate to him jurisdiction of village court in civfl calel 30 notwithstanding anything conttined in the code of civil procedure, 1908, or in any other law for the time being in force, s of 1908 but subject to the provisions of section 31 and section 32, the village court and the ordinary civil court, within the local limits of whose jurisdiction the village is situated, shall have concurrent jurisdiction 30 to try the following classes of suits, namely:-(a) suits for money due on contracts; (b)' suits for the recovery of movable property or the value of such property; (c) suits for compensation for wrongfully taking or injur- 3' ing movable property; and (d) suits for damages by cattle trespass, when the value of the suit does not exceed five hundred rupees 31 no suit shall lie in any village court-cerlain luit dot to be tried by viii cout'tl (a) on a balance of' partnership account, (b) for a share or part of a share under an intestacy or for a legacy or part of a legacy under a will, (c) by or £gainst the government or public officers in their official capacity, (d) by or against minors or persons of unsound mind, s (e) for the assessment enhancement, reduction, abetment, apportionment, or recovery of tent of, immovable property, (f) for recovery of immovable property, or (g) for enforcement or redemption of a mortgage of immov-10 able property 32 no suit shall lie in any village court, unless at least one of ~o~al the defendants resides within the local limits of !ts jurisdiction at :~~il:di~: tbe time of the institution of the suit, and the cause of action has ti(ir of arisen wholly or in part within those limits ~~u~f:' 15 33 (1) a suit before a village court may be institut~d by a peti- how 8bits tion made orally or in writing, and if the petition is made orally ~:ritut~d the court shall record such particulars as may be prescribed (2) the plaintiff on instituting his suit shall state the value of the claim court is of opinion that the suits barred h 11 b d· 't' by limitasa, y or er 10 wn 109, tion are not triable 34 (1) if at any time the village suit is barred by limitation, the court dismiss the suit b~l (2) if c,t any time it appears to the village court that it has no ~~u~f:, jurisdiction to entertain the suit, the court shall direct the plaintiff 25 to t1}e proper court 35 if in any suit before a village court the plaintiff fails to di,mi88al h d t fi d 'f' th f th rt h h of luits for appear on tea e xe or 1 10 e op1olon 0 e cou e sows default negligence in prosecuting his suit, the court may dismiss the suit for default: 30 provided that a village court may restore a suit dismissed for deffult, if within thirty days from the date of such dismissal the plaintiff satisfies the court that he was prevented by sufficient cause from appearing on the date fixed 36 if on receiving the petition the village court is satisfied that summons 10 35 the trial of the suit may be proceeded with it· shall by summons 01' ~:f:;;::rts otherwise require the defendant to appear and answer orally or in and an8-writing the claim made in the suit wcr ex parte decision 37 if the defendant fails to appear and the village court is satisfied that he has received notice of the date fixed for hearing, the court may decide the suit e:r parte: provided that any defendant against whom a suit has been decided ex parte may, within thirty days from the date of executing any 5 processes for enforcement of the decision, apply orally or in writing, to the village court to set aside the order; and the court, if s£;tisfied, that the defendant did not receive due notice of the date of hearing or was prevented by any sufficient cause from appearing on the date fixed, shall set aside the decision and shall appoint a 10 day for proceeding with the suit 38 no decision or order of a village court shall be set aside under section 35 or section 37 unless notice in writing hu been served by the villa~ court on the opposite party in the prescribed manner | no | order ||-----------|----------|| to | be set || aside | || without | || notice | to || opposite | || party | || power | || of | || village | || c:ouru | || to | || determine | || necessary | || parties | |39 (1) subject to theprovlslons of clause (c) or clause (d) of 15 section 31 tbe village court may add as parties to a suit any persons whose presence as parties it considers necessary for the proper dec:sion thereof, and sh'all enter the names of such parties in the register of suits, and the suit shall be tried as between the parties whose names are entered in the said register: 20 provided that when any party is added, notice shall be given to him and he shall be given an opportunity of appearing before the trial of the suit is proceeded with (2) in all cases where a new party appears under the proviso to sub-section (1)' during the trial of a suit, he may require that the 25 trial shall begin de novo certain suits not to be tried by viijge courts 40 no village court shall proceed with the trial of any suit in which the matter directly and substantially in dispute is pending for decision in the same court or in any other court in a previously instituted suit between the same parties or between parties under whom 30 they or any of them claim, or has been heard and finally decided in a suit between the same parties, or between parties under whom they or any of them claim j?ecision of 41 when the parties or their agents have been heard snd the villap cour1ii evidence on both sides considered the village court shall, by writ- 3s ten order, pass s4ch decree as may seem just, equitable and according to good conscience, stating in ~he decree the amounts payable as fees under section 45, and the c:mount, if any, paid to witnesses under section 51 and the persons by whom such amounts are payable ' u i) village court·in ordering the payment of a sum of money or instalments· the delivery of any movable property may direct that the money be paid or the movable property be delivered, by instalments 43 the decision of a village court in any suit shall be final as bet- ~sion of s ween the parties to the suits: ~i~r fi:l~ ~~~ provided that the district judge may on application of any party order retrial to the suit made within thirty days from the date of the decree of the village court, cancel or modify the decree or order of the village court or direct a retrial of the suit by the same or any other village court 10 or by any other court subordinate to him if he is satisfied that there has been a failure of justice 'k if the plaintiff or defendant in any suit dies before the suit dea~ of has been decided the suit may • subject to the provisions of clause panics (d) of section 31 be proceeded with at the instance of or against the is legal representatives of the deceased plaintiff or defendant, as the case may be " 45 (1) in all suits instituted in a village court a fee of one anna fees in the rupee shall be payable in advance by the plain'tiff on the amount of the claim upto fifty rupees, and of half anna for every ao rupee of the claim above fifty rupees, and such fees shall not be p~id to either party (2) if the claim in the suit is decreed in full, the amount equal to the fee shall be realised from the judgment-debtor together with the amount decreed 2s (3) if the claim in a suit is decreed in part, an amount equal to a proportionate part of the fee shall be realised from the judgmentpebtor together with the amount decreed (4) any amount realised under sub-section (2) or sub-section (3) shall be paid to the decree-holder 30 - om;' (-1) if th~, village' eourt passing a decree is unable to effect executioq," satisfaction thereof; it shall grant the decree-holder a certificate to de~ce that effect stating the amount que to him on account of the decree and the amount 'due on account of fees under section 45 (2) 'any decree-holder wishing toexecute8; decree of a village 35 court may apply to t~e cour~ of the munsiff within the local limits of whose~ jurisdiction the village' is' situated and shall present with his applicaticin a certified copy of the decree of the village court; butnb application for execution shall be entertained by the court o{ the munsiff,-(a) unless the village court has certified that it is unable to effect satisfaction of the decree, and (b) unless the application is made after the expiry of three months from the date of the decree (3) in executing a decree of the village court the court of the munsiff shall have the- same powers and shall follow the same procedure as if it were executing a decree passed by itself limitatiod "7 an l' t' f t' f d f '11 rt for execution - app lca ion or execu ion 0 a ecree 0 a vi age cou of decree or made after the expiry of three years from the date of the decree or order of any order under section 43 modifying any such decree, shall be dismissed, although limitation has not been pleaded: 10 provided tha~ where the application is made for execution of it decree or order to enforce payment of a sum of money or delivery of any movable property which the decree or order directs to be made at a certain date, the application may be made within three years from that date ~ 15 48 (1) the :provisions of-7 of 1170e (a) the court fees act 1870, procedure before village courts 5 of 1898 (b) the code of criminal procedure, 1898, and 5 of i90l (c) the code of civil procedure, 1908, shall not apply to any trial or any criminal case or civil buit before a village court 20 (2) the procedure to be followed by a village court in any criminal case or civil suit and in the enforcement of its decisions, sentences, decrees and orders, and in the method of forming a quorum shall be prescribed by rules made under this act (3) the indian evidence act, 1872 shall not apply in the trial oft of 117 25 any case or suit by a village court but the village court shall obsen"e as far as possible the principles underlying that act 49 (1) the village court shall be presided over by the chairman of the village authority if he is a member of the court persods who are to preside ovel village courts (2) if the chairman of the village "authority is absent from a sitting of the village court or if he is not a member of the court the court shall elect its own president (3) in the case of difterence of opinions among the members of the court the opinion of the majority shall prevail and the decision! and orders of the court shall be expressed in terms of the views of the majority (4) in the case of an equality of votes the person presiding over th~ court shall have a second or casting vote 10 !to viiiage court sh:all try any criminal case or 8uy civil suit to viilage or in wbich the village authority or any member thereof is a party courts not - to try any or 181nterested case or - suit in which the village authority or any member thereof is , interested sl (1) subject to the provisions of section 53 a village court may attendance by summons or otherwise send for any person to appear and give of witnelevidence or to produce or cause the production of any document lei - (2) a village court shall refuse to swpmon a witness or to enforce a summons already issued against a witness, where in the opinion of the court the attendance of the witness, cannot be procured without 10 an amount of delay, expense, or inconvenience which under the circumstances of the case would be unreasonable (3) a village court shall not require any person living at a distance of five miles or more from the seat of the village court to give evidence or produce any document unless such sum of money be paid to him 15 as appears to the court to be sufficient to defray his travelling and other expenses in passing to and from the court and for one day's attendance (4) if any person whom a village court summons by written order to appear or give evidence or to produce any document before it, 20 fails to obey such summons, such person shall be guilty of an offence and the village court may take cognizance of such offence and may sentence any person convicted thereof to a fine not exceeding twentyfive rupees 52 (1) the parties to criminal cases triable by a village court shall alperl!lcc 25 appear personally before the court: ~~es provided that the village court, if it sees reason so to do, may dis- vlua,e ed courts pense with the personal attendance of the accus and permit him to appear by agen,t (2) the parties to civil suits triable by a village court may appear 30 by agent explanation-in sub-section (1) and sub-section (2), "agent" means a full-time servant or a partner or a relative of the party whom the village court may admit as a fit person to represent that party and who is authorised to appealf and plead for such party 35 (3) notwithstanding anything contained in any law, legal practitioners shall not be permitted to practise before a village court 53 no woman shall, against her will, be compelled to appear in :t,pearance person before a village court as an accused or as a party or as a 0 women wim~ , leallsdoli of fees, fines, etc' 54 all fees and snes imposed, all sums decreed or conipensatfoll awarded and all sums due on bonds under this act may be realised under orders of the village court in such manner as may be prescribed 55 every village court shall maintain such registers and records and submit such returns as may be prescribed 5 registers and record • 56 all proceedings before a village court shall be in manipuri lanpa,e of viua,e court •• chapter iv \ miscji:llaneouspower to 5'7 (1) the chief commissioner may, by notification in the mate rule • official gazette, make rules for carrying out the purposes of this 10 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 preparation, revision and final publication of is electoral rolls for election of members of a village authority and the particulars to be entered in such rolls; (b) the preliminary publication of electoral rolls in the village to which they relate; (e) the manner in which and the time within which 'claims 20 and objections as to entries in electoral rolls may be preferred and the authority by whom such claims and objections may be decided ; (d) the nomination of candidates, the time and manner of holding elections and the manner in which votes shall be given; 25 (e) any other matter relating to elections to village authorities or election disputes arising therefrom; <f) the regulation of the conduct of business of the village authorities and the number of members necessary to form a quorum; 30 (g) the registers and records to be maintained and the returos to be submitted by village authorities and vilkge courts and the particulars to be entered in such registers, records and ': returns; (h) the procedure to be followed by a village court in the 35 institution, trial and disposal of criminal cases and civil suits and the number of members necessary to form a quorum of a village court ; (i) the issue, serviceo~_executionof summons and other processes by village courts and the issue and service of notice s by village authorities; , __ (j)1 the procedure for the transfer of criminal cases and civil suits frohf-one- vi1jagecourt toanotner village court or to , any __ other court ; (k) the procedure for the execution of decrees, orcien; and 10 -sentences of village courts; oct) the lees to be' levied by village -courts for copies of documents and the procedure to be followed in furnishing jridlegpies; and (m) any other matter which has to be or may be prescribed 15 under this act 58 the manipur state hill peoples (administration) regu~- repeal iuld tion, 1947, in so far as it relates to the constitution and functions of laving • vi!l!age authorities and the administration of justfce, both civil and criminal, by courts of village authorities, is hereby repealed : 20 provided that the said repeal shall not affect-(a) the previous operation of the said regulation, or (b) any right, privilege, obligation or liability acquired, accrued or incurred under the said regulation, or (c) any penalty, ·forfeiture or punishment in respect of any 25 offence committed under the said regulation, or (d) any investigation, legal proceeding or remedy in respect of any right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be 30 instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this act had not been passed: provided further that subject to the above provisions, anything done or any action taken (including any appointment or delegation made or any notification, instruction or direction issued or any rule, 35 regulation or form made or framed) under the said regulation shall in so far as such thing or action is not inconsistent with the provisions of this act, continue in force, and be deemed to have been done or taken under the corresponding provisions of this act, unless and until it is superseded by anything done or any action fo taken under the provisions of this act the schedule (see section 20] offences triable by a village court1 offences under sections 24, 26, and 27 of the cattle trespu8 i of 1871 act, 1871 s 2 offences under enactments (other than the indian penal code and this act) or any rules and bye-laws made thereunder which are punishable with fine only upto a limit of two hundred rupees 3 offences under section 34 of the police act, 1861 , of 1861 i 4 offences under the following sections of the indian penal 10 , of 1860 code, namely :-sections 160, 178, 179, 269, 277, 289, 290, 294, 323, 334, 341, 352, 358, 426, 447, 448, 504 and 510; and when the value of the property in the opinion of the village court is not over two hundred rupees, sections 379 and 411 is statement of objects and reasonsthe constitutidn and functions of village authorities in the hill areas of manipur are at present governed by the manipur state hill peoples (administration) regulation, 1947, enacted during the regime of the maharaja of manipur the provisions of this regulation are outmoded, and it is considered desirable to have legislation on more modern lines the present bill seeks to do this while at the same time keeping in view the peculiar conditions obtaining in these areas the principal features of the bill are:-(1) election of village authorities on the basis of adult suffrage in suitable cases in place of nomination under the existing regulation; (2) the rationalisation of the existing provisions· and their simplification as far as possible; (3) the omission of all references to trials by ordeal; (4) the enlargement of the list of cases which village courts can try g b pant new delhi; the 3td february, 1956 the manipur (vill~ge authorities ,in hili areas) bill 1956, provides for the constitution and functions of the village authorities and for holding elections in suitable cases' as reswt of this bill, it will be necessary to :incur certain initial additional expenditure the minimum additional expen<iitureis estimated to be rs 60,000/- worked out asfollows:-| section | of ||--------------------------|-------|| purpoao | || for which it is required | total || expenditw'c | | 1 ~ rltles of eloctionl for the viuap audlo- • ri 4,os61-2 provision of registers etc for maintenance by,tbe rijlagcathorities - - - ri 300420/-3 provision of furniture ri 25012/-tetil or ri s9488/-ri 60,0001-2 some small recurring expenditure will also be necessary for repairs and replacements from year to year, but, this cannot be estimated at present explanatory memorandum regarding delegated legislationthe object of the bill is to provide for the constitution, powers, and functions of village authorities in the hill areas of manipur clause 57 of the bill empowers the chief commissioner to make rules to carry out the purposes of the proposed enactment the several matters in relation to which such rules may be made have been detailed in the various items of sub-clause (2) of that clause and relate,princip~l1y to the procedure to be followed in: the preparation revision and publication of electoral rolls for election of members of village authorities, the nomination of candid~tes and the settlement of disputes relating to such elections as also to the procedure to be followed in the institution, trial and disposal of criminal cases and civil suits by the village courts these matters are thus matters of procedure and detail which are usually delegated to the executive to be provided for by rules the delegation of legislative power is thus of the normal type - a billto consolidate and amend the law relating to the constitution and functions of village authorities in the hill areas of the state of manipur 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

Parliament_bills

0d3165b6-32c7-5ae5-8674-a25abc219e99

the insolvency and bankruptcy code, 2015—————— arrangement of clauses—————— part i preliminary clauses1 short title, extent and commencement 2 application 3 definitions part ii insolvency resolution and liquidation for corporate persons chapter i preliminary4 application of this part 5 definitions chapter ii corporate insolvency resolution process6 persons who may initiate corporate insolvency resolution process 7 initiation of corporate insolvency resolution process by financial creditor 8 insolvency resolution by operational creditor 9 application for initiation of corporate insolvency resolution process by operationalcreditor10 initiation of corporate insolvency resolution process by corporate applicant 11 persons not entitled to make application (ii) clauses12 time limit for completion of insolvency resolution process 13 declaration of moratorium and public announcement 14 moratorium 15 public announcement of corporate insolvency resolution process 16 appointment and tenure of interim resolution professional 17 management of affairs of corporate debtor by interim resolution professional 18 duties of interim resolution professional 19 personnel to extend co-operation to interim resolution professional 20 management of operations of corporate debtor as going concern 21 committee of creditors 22 appointment of resolution professional 23 resolution professional to conduct corporate insolvency resolution process 24 meeting of committee of creditors 25 duties of resolution professional 26 replacement of resolution professional by committee of creditors 27 replacement of resolution professional by financial creditor or corporate debtor 28 approval of committee of creditors for certain actions 29 preparation of information memorandum 30 submission of resolution plan 31 approval of resolution plan 32 appeal chapter iii liquidation process33 initiation of liquidation 34 appointment of liquidator and fee to be paid 35 powers and duties of liquidator 36 liquidation estate 37 powers of liquidator to access information 38 consolidation of claims 39 verification of claims 40 admission or rejection of claims 41 determination of valuation of claims 42 appeal against the decision of liquidator 43 preferential transactions and relevant time 44 orders in case of preferential transactions clauses45 avoidance of undervalued transactions 46 relevant period for avoidable transactions 47 application by creditor in cases of undervalued transactions 48 order in cases of undervalued transactions 49 transactions defrauding creditors 50 extortionate credit transactions 51 orders of adjudicating authority in respect of extortionate credit transactions 52 secured creditor in liquidation proceedings 53 distribution of assets 54 dissolution of corporate debtor chapter iv fast track corporate insolvency resolution process55 fast track corporate insolvency resolution process 56 time period for completion of fast track corporate insolvency resolution process 57 manner of initiating fast track corporate insolvency resolution process 58 applicability of chapter ii to this chapter chapter v voluntary liquidation59 voluntary liquidation of corporate persons chapter vi adjudicating authority for corporate persons60 adjudicating authority for corporate persons 61 appeals and appellate authority 62 appeal to supreme court 63 civil court not to have jurisdiction 64 expeditious disposal of applications 65 fraudulent or malicious initiation of proceedings 66 fraudulent trading or wrongful trading 67 proceedings under section 66clauses chapter vii offences and penalties68 punishment for concealment of property 69 punishment for transactions defrauding creditors 70 punishment for misconduct in course of corporate insolvency resolution process 71 punishment for falsification of books of corporate debtor 72 punishment for wilful and material omissions from statements relating to affairs ofcorporate debtor73 punishment for false representations to creditors 74 punishment for contravention of moratorium or the resolution plan 75 penalties for false information furnished in application 76 penalty for non-disclosure of dispute or repayment of debt by operational creditor 77 penalty for providing false information in application made by corporate debtor part iii insolvency resolution and bankruptcy for individuals and partnership firms chapter i preliminary78 application 79 definitions chapter ii fresh start process80 eligibility for making an application 81 application for fresh start order 82 appointment of resolution professional 83 examination of application by resolution professional 84 admission or rejection of application by adjudicating authority 85 effect of admission of application 86 objections by creditor and their examination by resolution professional 87 application against decision of resolution professional 88 general duties of debtor clauses89 replacement of resolution professional 90 directions for compliances of restrictions, etc 91 revocation of order admitting application 92 discharge order 93 standard of conduct chapter iii insolvency resolution process94 application by debtor to initiate insolvency resolution process 95 application by creditor to initiate insolvency resolution process 96 interim-moratorium 97 appointment of resolution professional 98 replacement of resolution professional 99 submission of report by resolution professional100 admission or rejection of application101 moratorium 102 public notice and claims from creditors 103 registering of claims by creditors 104 preparation of list of creditors 105 repayment plan 106 report of resolution professional on repayment plan107 summoning of meeting of creditors 108 conduct of meeting of creditors 109 voting rights in meeting of creditors 110 rights of secured creditors in relation to repayment plan 111 approval of repayment plan by creditors 112 report of meeting of creditors 113 notice of decisions taken at meeting of creditors 114 order of adjudicating authority on repayment plan 115 effect of order of adjudicating authority on repayment plan 116 implementation and supervision of repayment plan 117 completion of repayment plan 118 repayment plan coming to end prematurely 119 discharge order 120 standard of conductclauses chapter iv bankruptcy order for individuals and partnership firms121 application for bankruptcy 122 application by debtor 123 application by creditor 124 effect of application 125 appointment of insolvency professional as bankruptcy trustee 126 bankruptcy order 127 validity of bankruptcy order 128 effect of bankruptcy order 129 statement of financial position 130 public notice inviting claims from creditors 131 registration of claims 132 preparation of list of creditors 133 summoning of meeting of creditors 134 conduct of meeting of creditors 135 voting rights of creditors 136 administration and distribution of estate of bankrupt 137 completion of administration 138 discharge order 139 effect of discharge 140 disqualification of bankrupt141 restrictions on bankrupt 142 annulment of bankruptcy order 143 code of conduct 144 fees of bankruptcy trustee 145 replacement of bankruptcy trustee 146 resignation by bankruptcy trustee 147 vacancy in office of bankruptcy trustee 148 release of bankruptcy trustee chapter v administration and distribution of the estate of the bankrupt149 functions of bankruptcy trustee 150 duties of bankrupt towards bankruptcy trustee clauses151 rights of bankruptcy trustee 152 general powers of bankruptcy trustee 153 approval of creditors for certain acts 154 vesting of estate of bankrupt in bankruptcy trustee 155 estate of bankrupt 156 delivery of property and documents to bankruptcy trustee 157 acquisition of control by bankruptcy trustee 158 restrictions on disposition of property 159 after acquired property of bankrupt 160 onerous property of bankrupt 161 notice to disclaim onerous property 162 disclaimer of leaseholds 163 challenge against disclaimed property 164 undervalued transactions 165 preference transactions 166 effect of order167 extortionate credit transactions168 obligations under contracts 169 continuance of proceedings on death of bankrupt 170 administration of estate of deceased bankrupt 171 proof of debt172 proof of debt by secured creditors 173 mutual credit and set-off 174 distribution of interim dividend 175 distribution of property 176 final dividend 177 claims of creditors 178 priority of payment of debts chapter vi adjudicating authority for individuals and partnership firms179 adjudicating authority for individuals and partnership firms 180 civil court not to have jurisdiction 181 appeal to debt recovery appellate tribunal(viii) clauses182 appeal to supreme court 183 expeditious disposal of applications chapter vii offences and penalties184 punishment for false information, etc, by creditor in insolvency resolution process 185 liability of resolution professional 186 punishment for false information, concealment, etc, by bankrupt 187 liability of bankruptcy trustee part iv regulation of insolvency professionals, agencies and information utilities chapter i the insolvency and bankruptcy board of india188 establishment and incorporation of board 189 constitution of board 190 removal of member from office 191 powers of chairperson 192 meetings of board 193 member not to participate in meetings in certain cases194vacancies, etc, not to invalidate proceedings of board, officers and employees ofboard195 power to designate financial sector regulator chapter ii powers and functions of the board196 powers and functions of board 197 constitution of advisory committee, executive committee or other committee 198 condonation of delay chapter iii insolvency professional agencies199 no person to function as insolvency professional agency without valid certificate ofregistration200 principles governing registration of insolvency professional agency 201 registration of insolvency professional agency clauses202 appeal to national company law appellate tribunal 203 governing board of insolvency professional agency 204 functions of insolvency professional agencies 205 insolvency professional to make bye-laws 206 performance bond chapter iv insolvency professionals207 enrolment and registration of insolvency professionals 208 functions and obligations of insolvency professionals chapter v information utilities209 no person to function as information utility without valid certificate of registration 210 registration of information utility 211 appeal to national company law appellate tribunal 212 governing board of information utility 213 core services, etc, of information utilities 214 obligations of information utility 215 procedure for submission, etc, of financial information 216 rights and obligations of persons submitting financial information chapter vi inspection and investigation217 complaints against insolvency professional agency or its member or information utility 218 investigation of insolvency professional agency or its member or information utility219show cause notice to insolvency professional agency or its member or informationutility220 appointment of disciplinary committee chapter vii finance, accounts and audit221 grants by central government 222 board's fund 223 accounts and auditclauses part v miscellaneous224 insolvency and bankruptcy fund 225 power of central government to issue directions 226 power of central government to supersede board 227 power of central government to notify financial sector providers, etc 228 budget 229 annual report 230 delegation 231 bar of jurisdiction 232 members, officers and employees of board to be public servants 233 protection of action taken in good faith 234 provisions of this code to override other laws 235 power to make rules 236 power to make regulations 237 rules, regulations and bye-laws to be laid before parliament 238 power to remove difficulties 239 repeal of certain enactments and savings 240 special court 241 transitional provisions242 amendments of act ix of 1932 243 amendments of act 1 of 1944 244 amendments of act 43 of 1961 245 amendments of act 52 of 1962 246 amendments of act 51 of 1993 247 amendments of act 32 of 1994 248 amendments of act 54 of 2002 249 amendments of act 1 of 2004 250 amendments of act 51 of 2007 251 amendments of act 6 of 2009 252 amendments of act 18 of 2013 bill no 349 of 2015 the insolvency and bankruptcy code, 2015 a billto consolidate and amend the laws relating to reorganisation and insolvency resolution ofcorporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of scuh persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of government dues and to establish an insolvency and bankruptcy fund, and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-sixth year of the republic of india as follows:— part i preliminary1 (1) this act may be called the insolvency and bankruptcy code, 20155(2) it extends to the whole of india:short title, extent and commencement provided that part iii of this code shall not extend to the state of jammu and kashmir(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint: provided that different dates may be appointed for different provisions of this code and any reference in any such provision to the commencement of this code shall be construed as a reference to the commencement of that provisionapplication2 the provisions of this code shall apply to—518 of 2013(a) any company incorporated under the companies act, 2013 or under anyprevious company law;(b) any other company governed by any special act for the time being in force,except in so far as the said provisions are inconsistent with the provisions of such special act;106 of 2009(c) any limited liability partnership incorporated under the limited liabilitypartnership act, 2008 ;(d) such body incorporated under any law for the time being in force, as the central government may, by notification, specify in this behalf; and(e) partnership firms and individuals,15to the extent of insolvency, liquidation or bankruptcy, as the case may bedefinitions3 in this code, unless the context otherwise requires, —(1) "board" means the insolvency and bankruptcy board of india established under sub-section (1) of section 188;(2) "bench" means a bench of the adjudicating authority;20(3) "bye-laws" mean the bye-laws made by the insolvency professional agency under section 205;(4) "charge" means an interest or lien created on the property or assets of any person or any of its undertakings or both, as the case may be, as security and includes a mortgage;25(5) "chairperson" means the chairperson of the board; (6) "claim" means—(a) a right to payment, whether or not such right is reduced to judgment, fixed, disputed, undisputed, legal, equitable, secured, or unsecured;30(b) right to remedy for breach of contract under any law for the time beingin force, if such breach gives rise to a right to payment, whether or not such right is reduced to judgment, fixed, matured, unmatured, disputed, undisputed, secured or unsecured;18 of 2013356 of 2009(7) "corporate person" means a company as defined in clause (20) of section 2of the companies act, 2013, a limited liability partnership, as defined in clause (n) of sub-section (1) of section 2 of the limited liability partnership act, 2008, or any other person incorporated with limited liability under any other law for the time being in force but shall not include any financial service provider;(8) "corporate debtor" means a corporate person who owes a debt to any person; (9) "core services" means services rendered by an information utility for—40(a) accepting electronic submission of financial information in such form and manner a may be specified;(b) safe and accurate recording of financial information; (c) authenticating and verifying the financial information submitted by a person; and(d) providing access to information stored with the information utility to persons as may be specified;5(10) "creditor" means any person to whom a debt is owed and includes a financial creditor, an operational creditor, a secured creditor, an unsecured creditor and a decreeholder;(11) "debt" means a liability or obligation in respect of a claim which is due from any person and includes a financial debt and operational debt;10(12) "default" means non-payment of debt when whole or any part or instalment of the amount of debt has become due and payable and is not repaid by the debtor or the corporate debtor, as the case may be;(13) "financial information", in relation to a person, means one or more of the following categories of information, namely :—(a) records of the debt of the person; (b) records of liabilities when the person is solvent;15(c) records of assets of person over which security interest has beencreated;(d) records, if any, of instances of default by the person against any debt;and20(e) records of the balance sheet and cash-flow statements of the person;and(f) such other information as may be specified;(14) "financial institution" means—(a) a scheduled bank;2 of 193425(b) financial institution as defined in section 45-i of the reserve bank of india act, 1934; and(c) such other institution as the central government may by notification specify as a financial institution;30(15) "financial product" means securities, contracts of insurance, deposits, credit arrangements including loans and advances by banks and financial institutions, retirement benefit plans, small savings instruments, foreign currency contracts other than contracts to exchange one currency (whether indian or not) for another which are to be settled immediately, or any other instrument as may be prescribed; (16) "financial service" includes any of the following— (a) acceptance of deposits;35(b) safeguarding and administering assets consisting of financial products,belonging to another person, or agreeing to do so; (c) effecting contracts of insurance; (d) offering, managing or agreeing to manage assets consisting of financialproducts belonging to another person;40 (e) rendering or agreeing, for consideration, to render advice on or solicitingfor the purposes of–– (i) buying, selling, or subscribing to, a financial product; (ii) availing a financial service; or (iii) exercising any right associated with a financial product or financial service; (f) establishing or operating an investment scheme; (g) maintaining or transferring records of ownership of a financial product;5(h) underwriting the issuance or subscription of a financial product; or (i) selling, providing, or issuing stored value or payment instruments orproviding payment services; (17) "financial service provider" means a person engaged in the business of providing financial services in terms of authorisation issued or registration granted by a financial sector regulator;10 15(18) "financial sector regulator" means an authority or body constituted under any law for the time being in force to regulate services or transactions of financial sector and includes the reserve bank of india, the securities and exchange board of india, the insurance regulatory and development authority, the pension fund regulatory authority and such other regulatory authorities as may be notified by the central government;(19) "insolvency professional" means a person enrolled with an insolvency professional agency as its member and registered with the board as an insolvency professional under section 207;20(20) "insolvency professional agency" means any person registered with the board under section 201 as an insolvency professional agency;(21) "information utility" means a person who is registered with the board as an information utility under section 210;25(22) "notification" means a notification published in the official gazette, and the terms "notified" and "notify" shall be construed accordingly; (23) "person" includes—(a) an individual; (b) a hindu undivided family; (c) a company;30 (d) a trust; (e) a partnership; (f) a limited liability partnership; and (g) any other entity established under a statute, and includes a person resident outside india;3542 of 1999(24) "person resident in india" shall have the meaning assigned to such term in clause (v) of section 2 of the foreign exchange management act, 1999; (25) "person resident outside india" means a person other than a person resident in india;(26) "prescribed" means prescribed by rules made by the central government;40(27) "property" includes money, goods, actionable claims, land and every description of property situated anywhere and every description of interest including present or future or vested or contingent interest arising out of, or incidental to, property;(28) "regulations" means the regulations made by the board under this code; (29) "schedule" means the schedule annexed to this code; (30) "secured creditor" means a creditor in favour of whom security interest iscreated;5(31) "security interest" means right, title or interest or a claim to property, createdin favour of, or provided for a secured creditor by a transaction which secures payment or performance of an obligation and includes mortgage, charge, hypothecation, assignment and encumbrance or any other agreement or arrangement securing payment or performance of any obligation of any person:10 provided that security interest shall not include a performance guarantee;(32) "specified" means specified by regulations made by the board under thiscode and the term "specify" shall be construed accordingly;(33) "transaction" includes a agreement or arrangement in writing for the transferof assets, or funds, goods or services, from or to the corporate debtor;15(34) "transfer" includes sale, purchase, exchange, mortgage, pledge, gift, loan orany other form of transfer of right, title, possession or lien;(35) "transfer of property" means transfer of any property and includes a transferof any interest in the property and creation of any charge upon such property;14 of 194720(36) "workman" shall have the same meaning as assigned to it in clause (s) ofsection 2 of the industrial disputes act, 1947;25(37) words and expressions used but not defined in this code but defined in theindian contract act, 1872, the securities contact (regulation) act, 1956, the securities exchange board of india act, 1992, the limited liability partnership act, 2008 and the companies act, 2013, shall have the meanings respectively assigned to them in those acts9 of 1872 42 of 1956 15 of 1992 6 of 2009 18 of 2013 part ii insolvency resolution and liquidation for corporate persons chapter i preliminary30application of this part 4 this part shall apply to matters relating to the insolvency and liquidation of corporatedebtors where the amount of the default is not less than one lakh rupees or such other amount not exceeding one crore rupees, as the central government may, by notification, specifydefinitions5 in this part, unless the context otherwise requires,—3518 of 2013(1) "adjudicating authority" for the purposes of this part means national company law tribunal constituted under section 408 of the companies act, 2013;(2) "auditor" means a chartered accountant certified to practice as such by the institute of chartered accountants of india under section 6 of the chartered accountants act, 1949;xxxviii of 194940(3) "chapter" means a chapter under this part; (4) "constitutional document", in relation to a corporate person, includes articlesof association or memorandum of association of a company and partnership agreement of a limited liability partnership;(5) "corporate applicant" means—45 (a) corporate debtor ; or (b) a member or partner of the corporate debtor who is authorised to make an application for the corporate insolvency resolution process under the constitutional document of the corporate debtor; or5(c) an individual who is in charge of managing the overall operations and resources of the corporate debtor; or(d) a person who has the control, and supervision over the financial affairs of the corporate debtor; (6) "dispute" includes a suit or arbitration proceedings relating to— (a) the existence or the amount of debt;10 (b) the quality of goods or service; or (c) the breach of a representation or warranty; (7) "financial creditor" means any person to whom a financial debt is owed and includes a person to whom such debt has been legally assigned or transferred to;(8) "financial debt" means a debt alongwith interest, if any, which is disbursed against the consideration for the time value of money and includes—15(a) money borrowed against the payment of interest; (b) any amount raised by acceptance under any acceptance credit facility or its dematerialised equivalent;(c) any amount raised pursuant to any note purchase facility or the issue of bonds, notes, debentures, loan stock or any similar instrument;20(d) the amount of any liability in respect of any lease or hire purchase contract which is deemed as a finance or capital lease under the indian accounting standards or such other accounting standards as may be prescribed;25(e) receivables sold or discounted other than any receivables sold on non-recourse basis; (f) any amount raised under any other transaction, including any forward sale or purchase agreement, having the commercial effect of a borrowing;30(g) any derivative transaction entered into in connection with protection against or benefit from fluctuation in any rate or price and for calculating the value of any derivative transaction, only the market value of such transaction shall be taken into account;(h) any counter-indemnity obligation in respect of a guarantee, indemnity, bond, documentary letter of credit or any other instrument issued by a bank or financial institution;35(i) the amount of any liability in respect of any of the guarantee or indemnity for any of the items referred to in sub-clauses (a) to (h) of this clause;(9) "financial position", in relation to any person, means the financial information of a person as on a certain date;40(10) "information memorandum" means a memorandum prepared by resolution professional under sub-section (1) of section 29;(11) "initiation date" means the date on which a financial creditor, corporate applicant or operational creditor, as the case may be, makes an application to the adjudicating authority for initiating corporate insolvency resolution process;45(12) "insolvency commencement date" means the date of admission of an application for initiating corporate insolvency resolution process by the adjudicating authority under sections 7, 9 or section 10 as the case may be;(13) "insolvency resolution process costs" means—(a) the amount of any interim finance and the costs incurred in raisingsuch finance;(b) the fees payable to any person acting as a resolution professional;5(c) any costs incurred by the resolution professional in running thebusiness of the corporate debtor as a going concern;(d) any costs incurred at the expense of the government to facilitate theinsolvency resolution process; and(e) any other costs as may be specified by the board;10(14) "insolvency resolution process period" means the period of one hundredand eighty days commencing on the insolvency commencement date and ending on one hundred and eightieth day;(15) "interim finance" means any financial debt raised by the resolutionprofessional during the insolvency resolution process period;15(16) "liquidation cost" means any cost incurred by the liquidator during theperiod of liquidation subject to such regulations, as may be specified by the board;(17) "liquidation commencement date" means the date on which proceedings for liquidation commence in accordance with section 33 or section 59, as the case may be;20(18) "liquidator" means an insolvency professional appointed as a liquidator inaccordance with the provisions of chapter iii or chapter v of this part, as the case may be;18 of 2013256 of 2009(19) "officer" for the purposes of chapter vii of this part, means an officer who is in default, as defined in clause (60) of section 2 of the companies act, 2013 or a designated partner as defined in clause (j) of section 2 of the limited liability partnership act, 2008, as the case may be;(20) "operational creditor" means a person to whom an operational debt is owed and includes any person to whom such debt has been legally assigned or transferred (including a person resident outside india);30(21) "operational debt" means a claim in respect of the provision of goods orservices including employment or a debt in respect of the repayment of dues arising under any law for the time being in force and payable to the central government, any state government or any local authority;35(22) "personal guarantor" means an individual who is the surety in a contract ofguarantee to a corporate debtor;(23) "personnel" includes the directors, managers, key managerial personnel and designated partners and employees, if any, of the corporate debtor;(24) "related party", in relation to a corporate debtor, means—40(a) a director or partner of the corporate debtor or a relative of a director or partner of the corporate debtor;(b) a key managerial personnel of the corporate debtor or a relative of a key managerial personnel of the corporate debtor;(c) a limited liability partnership or a partnership firm in which a director, partner, or manager of the corporate debtor or his relative is a partner;(d) a private company in which a director, partner or manager of the corporate debtor is a director and holds along with his relatives, more than two per cent of its share capital;5(e) a public company in which a director, partner or manager of the corporate debtor is a director and holds along with relatives, more than two per cent of its paid- up share capital;(f) any body corporate whose board of directors, managing director or manager, in the ordinary course of business, acts on the advice, directions or instructions of a director, partner or manager of the corporate debtor;10(g) any limited liability partnership or a partnership firm whose partners oremployees in the ordinary course of business, acts on the advice, directions or instructions of a director, partner or manager of the corporate debtor;(h) any person on whose advice, directions or instructions, a director, partner or manager of the corporate debtor is accustomed to act;15(i) a body corporate which is a holding, subsidiary or an associate company of the corporate debtor, or a subsidiary of a holding company to which the corporate debtor is a subsidiary;(j) any person who controls more than twenty per cent of voting rights in the corporate debtor on account of ownership or a voting agreement;20(k) any person in whom the corporate debtor controls more than twenty per cent of voting rights on account of ownership or a voting agreement;(l) any person who can control the composition of the board of directors or corresponding governing body of the corporate debtor;25(m) any person who is associated with the corporate debtor on account of—(i) participation in policy making processes of the corporate debtor;or(ii) having more than two directors in common between the corporate debtor and such person; or30(iii) interchange of managerial personnel between the corporate debtor and such person; or(iv) provision of essential technical information to, or from, the corporate debtor;35(25) "resolution applicant" means any person who submits a resolution plan to the resolution professional;(26) "resolution plan" means a plan proposed by any person for insolvency resolution of the corporate debtor as a going concern in accordance with part ii;(27) "resolution professional", for the purposes of this part, means an insolvency professional appointed to conduct the corporate insolvency resolution process and includes an interim-resolution professional; and40(28) "voting share" is the share of the voting rights of a single financial creditor in the committee of creditors and is based on the proportion of the financial debt owed to such financial creditor in relation to the overall financial debt owed by the corporate debtor chapter ii corporate insolvency resolution process56 where any corporate debtor commits a default, a financial creditor, an operational creditor or the corporate debtor itself may initiate corporate insolvency resolution process in respect of such corporate debtor in the manner as provided under this chapterpersons who may initiate corporate insolvency resolution process7 (1) a financial creditor either by itself or jointly with other financial creditors may file an application for initiating corporate insolvency resolution process against a corporate debtor before the adjudicating authority when a default has occurred10initiation of corporate insolvency resolution process byfinancial creditor explanation—for the purposes of this sub-section, a default includes a default in respect of a financial debt owed not only to the applicant financial creditor but to any other financial creditor of the corporate debtor(2) the financial creditor shall make an application under sub-section (1) in such form and manner and accompanied with such fee as may be prescribed(3) the financial creditor shall, along with the application furnish—15(a) record of the default recorded with the information utility or such otherrecord or evidence of default as may be specified;(b) the name of the resolution professional proposed to act as an interim resolution professional; and(c) any other information as may be specified by the board20(4) the adjudicating authority shall, within fourteen days of the receipt of the application under sub-section (2), ascertain the existence of a default from the records of an information utility or on the basis of other evidence furnished by the financial creditor under sub-section (3)(5) where the adjudicating authority is satisfied that—25(a) a default has occurred and the application under sub-section (2) is complete,and there is no disciplinary proceedings pending against the proposed resolution professional, it may, by order, admit such application; or30(b) default has not occurred or the application under sub-section (2) is incompleteor any disciplinary proceeding is pending against the proposed resolution professional, it may, by order, reject such application: provided that the adjudicating authority before rejecting an application on the ground of incomplete application under clause (b) of sub-section (5), shall give a notice to the applicant to rectify the defect in his application within three days of receipt of such notice from the adjudicating authority35(6) the corporate insolvency resolution process shall commence from the date ofadmission of the application under sub-section (5)(7) the adjudicating authority shall communicate—(a) the order under clause (a) of sub-section (5) to the financial creditor and the corporate debtor;(b) the order under clause (b) of sub-section (5) to the financial creditor,40within two days of admission or rejection of such application, as the case may beinsolvency resolution by operational creditor8 (1) an operational creditor may, on the occurrence of a default, deliver a demand notice of unpaid operational debt or copy of an invoice demanding payment of the amount involved in the default to the corporate debtor in such form as may be prescribed, through an information utility, wherever applicable, or by registered post or courier or by such electronic mode of communication, as may be specified5(2) the corporate debtor shall, within a period of ten days of the receipt of the demand notice or copy of the invoice mentioned in sub-section (1), bring to the notice of the operational creditor—10(a) the existence of a dispute, if any, and record of the pendency of the suit orarbitration proceedings filed prior to the receipt of such notice or invoice in relation to such dispute through an information utility or by registered post or courier or by such electronic mode of communication as may be specified;(b) the repayment of unpaid operational debt—15(i) by sending an attested copy of the record of electronic transfer of theunpaid amount from the bank account of the corporate debtor; or (ii) by sending an attested copy of record that the operational creditorhas encashed a cheque issued by the corporate debtor20explanation—for the purposes of this section, a "demand notice" means a notice served by an operational creditor to the corporate debtor demanding repayment of the operational debt in respect of which the default has occurred259 (1) after the expiry of the period of ten days from the date of delivery of the notice or invoice demanding payment under sub-section (1) of section 8, if the operational creditor does not receive payment from the corporate debtor or notice of the dispute under subsection (2) of section 8, the operational creditor may file an application before the adjudicating authority for initiating a corporate insolvency resolution processapplication for initiation of corporate insolvency resolution process by operational creditor(2) the application under sub-section (1) shall be filed in such form and manner and accompanied with such fee as may be prescribed(3) the operational creditor shall, along with the application furnish—30(a) a copy of the invoice demanding payment or demand notice delivered by theoperational creditor to the corporate debtor;(b) an affidavit to the effect that there is no notice given by the corporate debtorrelating to a dispute of the unpaid operational debt;35(c) a copy of the certificate from the financial institutions maintaining accountsof the operational creditor confirming that there is no payment of an unpaid operational debt by the corporate debtor; and(d) such other information or as may be specified(4) an operational creditor initiating a corporate insolvency resolution process under this section, may propose a resolution professional to act as an interim resolution professional40(5) the adjudicating authority shall, within fourteen days of the receipt of the application under sub-section (2), by an order—(i) admit the application and communicate such decision to the operational creditor and the corporate debtor if,— (a) the application made under sub-section (2) is complete; (b) there is no repayment of the unpaid operational debt; (c) the invoice or notice for payment to the corporate debtor has beendelivered by the operational creditor;(d) no notice of dispute has been received by the operational creditor orthere is no record of dispute in the information utility; and5(e) there is no disciplinary proceeding pending against any resolutionprofessional proposed under sub-section (4), if any (ii) reject the application and communicate such decision to the operational creditor and the corporate debtor, if—(a) the application made under sub-section (2) is incomplete;10(b) there has been repayment of the unpaid operational debt; (c) the creditor has not delivered the invoice or notice for payment to thecorporate debtor;(d) notice of dispute has been received by the operational creditor orthere is a record of dispute in the information utility; or15 (e) any disciplinary proceeding is pending against any proposed resolutionprofessional:20 provided that adjudicating authority, prior to rejecting an application under sub-clause (a) of clause (ii) of this sub-section, shall give a notice to the applicant to rectify the defect in his application within three days of the date of receipt of such notice from the adjudicating authority (6) the corporate insolvency resolution process shall commence from the date of admission of the application under sub-section (5)2510 (1) where a corporate debtor has committed a default , a corporate applicant thereof may file an application for initiating corporate insolvency resolution process with the adjudicating authority(2) the application under sub-section (1) shall be filed in such form, containing such particulars and in such manner and accompanied by such fee as may be prescribedinitiation of corporate insolvency resolution process by corporate applicant(3) the corporate applicant shall, along with the application furnish the information relating to—30(a) its books of account and such other documents relating to such period asmay be specified; and(b) the resolution professional proposed to be appointed as an interim resolutionprofessional35(4) the adjudicating authority shall, within a period of fourteen days of the receipt of the application, by an order—(a) admit the application, if it is complete; or (b) reject the application, if it is incomplete(5) the corporate insolvency resolution process shall commence from the date of admission of the application under sub-section (4)4011the following persons shall not be entitled to make an application to initiate corporateinsolvency resolution process under this chapter, namely:—persons not entitled to make application(a) a corporate debtor undergoing a corporate insolvency resolution process;or(b) a corporate debtor having completed corporate insolvency resolution processtwelve months preceding the date of making of the application; or5(c) a corporate debtor or a financial creditor who has violated any of the terms ofresolution plan which was approved twelve months before the date of making of an application under this chapter; or (d) a corporate debtor in respect of whom a liquidation order has been madeexplanation—for the purposes of this section, a corporate debtor includes a corporateapplicant in respect of such corporate debtor1012(1) subject to sub-section (2), the corporate insolvency resolution process shall becompleted within a period of one hundred and eighty days from the date of admission of the application to initiate such processtime limit for completion of insolvencyresolutionprocess15(2) the resolution professional shall file an application to the adjudicating authorityto extend the period of the corporate insolvency resolution process beyond one hundred and eighty days, if instructed to do so by a resolution passed at a meeting of the committee of creditors by a vote of seventy-five per cent of the voting shares20(3) on receipt of an application under sub-section (2), if the adjudicating authority is satisfied that the subject matter of the case is such that corporate insolvency resolution process cannot be completed within one hundred and eighty days, it may by order extend the duration of such process beyond one hundred and eighty days by such further period as it thinks fit, but not exceeding ninety days: provided that any extension of the period of corporate insolvency resolution process under this section shall not be granted more than once13 (1) the adjudicating authority, after admission of the application under section 7or section 9 or section 10, shall, by an order—(a) declare a moratorium for the purposes referred to in section 14;25declaration of moratorium and public announcement(b) cause a public announcement of the initiation of corporate insolvencyresolution process and call for the submission of claims under section 15; and(c) appoint an interim resolution professional in the manner as laid down insection 1630(2) the public announcement referred to in clause (b) of sub-section (1) shall be madeimmediately after the appointment of the interim resolution professionalmoratorium14 (1) subject to the provisions of sub-sections (2) and (3), on the insolvencycommencement date, the adjudicating authority shall by an order declare moratorium for prohibiting all of the following, namely:—35(a) the institution of suits or continuation of pending suits or proceedingsagainst the corporate debtor including execution of any judgment, decree or order in any court of law, tribunal, arbitration panel or other authority;(b) the corporate debtor from transferring, encumbering, alienating or disposingof any of its assets or any legal right or beneficial interest therein;40(c) any action to foreclose, recover or enforce any security interest created bythe corporate debtor in respect of its property including any action under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002;45(d) the recovery of any property by an owner or lessor where such property isoccupied by or in the possession of the corporate debtor (2) the supply of essential goods or services to the corporate debtor as may be specified shall not be terminated or suspended or interrupted during moratorium period(3) the provisions of sub-section (1) shall not apply to such transactions as may be notified by the central government in consultation with any financial sector regulator5(4) the order of moratorium shall have effect from the date of such order till the completion of the corporate insolvency resolution process:10provided that where at any time during the corporate insolvency resolution process period, if the adjudicating authority approves the resolution plan under sub-section (1) of section 31 or passes an order for liquidation of corporate debtor under section 33, the moratorium shall cease to have effect from the date of such approval or liquidation order, as the case may be15 (1) the public announcement of the corporate insolvency resolution process under the order referred to in section 13 shall contain the following information, namely: –15(a) name and address of the corporate debtor under the corporate insolvency resolution process;publicannouncement of corporate insolvency resolution process(b) name of the authority with which the corporate debtor is incorporated or registered;(c) the last date for submission of claims;20 (d) details of the interim resolution professional who shall be vested with the management of the corporate debtor and be responsible for receiving claims;(e) penalties for false or misleading claims; and (f) the date on which the corporate insolvency resolution process shall close, which shall be the one hundred and eightieth day from the date of the admission of the application under sections 7, 9 or section 10, as the case may be25(2) the public announcement under this section shall be made in such manner as may be specified16 (1) the adjudicating authority shall appoint an interim resolution professional within fourteen days from the insolvency commencement dateappointment and tenure of interim resolution professional30(2) where the application for corporate insolvency resolution process is made by a financial creditor or the corporate debtor, as the case may be, the resolution professional, as proposed respectively in the application under section 7 or section 10, shall be appointed as the interim resolution professional(3) where the application for corporate insolvency resolution process is made by an operational creditor and—35 (a) no proposal for an interim resolution professional is made, the adjudicating authority shall make a reference to the board for the recommendation of an insolvency professional who may act as an interim resolution professional;40(b) operational creditor and a proposal for an interim resolution professional ismade under sub-section (4) of section 9, the resolution professional as proposed, shall be appointed as the interim resolution professional(4) the board shall, within ten days of the date of receipt of a reference from the adjudicating authority under sub-section (3), recommend the name of an insolvency professional to the adjudicating authority—45(a) who has the relevant expertise to act as an interim resolution professional forthe proposed corporate insolvency resolution process; and(b) against whom no disciplinary proceedings are pending (5) the term of the interim resolution professional shall not exceed thirty days from date of his appointment17 (1) from the date of appointment of the interim resolution professional, —5(a) the management of the affairs of the corporate debtor shall vest in the interimresolution professional;management of affairs of corporate debtor by interim resolution professional(b) the powers of the board of directors or the partners of the corporate debtor,as the case may be, shall stand suspended and be exercised by the interim resolution professional;10(c) the officers and managers of the corporate debtor shall report to the interimresolution professional and provide access to such documents and records of the corporate debtor as may be demanded by the interim resolution professional;15(d) the financial institutions maintaining accounts of the corporate debtor shallact on the instructions of the interim resolution professional in relation to such accounts and furnish all information relating to the corporate debtor available with them to the interim resolution professional(2) the interim resolution professional vested with the management of the corporate debtor, shall—(a) do all acts and execute in the name and on behalf of the corporate debtor alldeeds, receipts, and other documents, if any;20(b) take such actions, in the manner and subject to such restrictions, as may bespecified by the board;(c) have the authority to access the electronic records of corporate debtor frominformation utility having financial information of the corporate debtor;25(d) have the authority to access the books of account, records and other relevantdocuments of corporate debtor available with government authorities, statutory auditors, accountants and such other persons as may be specified18 the interim resolution professional shall perform the following duties, namely:—duties of interim resolutionprofessional30 (a) collect all information relating to the assets, finances and operations of thecorporate debtor for determining the financial position of the corporate debtor, including information relating to — (i) business operations for the previous two years; (ii) financial and operational payments for the previous two years; (iii) list of assets and liabilities as on the initiation date; and35 (iv) such other matters as may be specified;(b) receive and collate all the claims submitted by creditors to him, pursuant tothe public announcement made under sections 13 and 15;(c) constitute a committee of creditors;40(d) monitor the assets of the corporate debtor and manage its operations until aresolution professional is appointed by the committee of creditors;(e) file information collected with the information utility, if necessary; and(f) take control and custody of any asset over which the corporate debtor has ownership rights as recorded in the balance sheet of the corporate debtor, or with information utility or the depository of securities or any other registry that records the ownership of assets including—(i) assets over which the corporate debtor has ownership rights whichmay be located in a foreign country;(ii) assets that may or may not be in possession of the corporate debtor; (iii) tangible assets, whether movable or immovable;5(iv) intangible assets including intellectual property; (v) securities including shares held in any subsidiary of the corporatedebtor, financial instruments, insurance policies;(vi) assets subject to the determination of ownership by a court or authority; (g) to perform such other duties as may be specified by the board10explanation—for the purposes of this sub-section, the term "assets" shall not include the following, namely:—(a) assets owned by a third party in possession of the corporate debtor held under trust or under contractual arrangements including bailment ;(b) assets of any indian or foreign subsidiary of the corporate debtor; and15(c) such other assets as may be notified by the central government in consultationwith any financial sector regulator2019 (1) the personnel of the corporate debtor and its promoters or any person connected with the management of the corporate debtor shall extend all assistance and cooperation to the interim resolution professional as may be required by him in managing the affairs of the corporate debtorpersonnel to extend cooperation to interim resolution professional(2) where any personnel of the corporate debtor or any other person required to assist or cooperate with the interim resolution professional does not so assist or cooperate, the interim resolution professional may make an application to the adjudicating authority for necessary directions25(3) the adjudicating authority, on receiving an application under sub-section (2), shall by an order, direct such personnel or other person to comply with the instructions of the resolution professional and to cooperate with him in collection of information and management of the corporate debtor3020 (1) the interim resolution professional shall make every endeavour to protect and preserve the value of the property of the corporate debtor and manage the operations of the corporate debtor as a going concernmanagement of operations of corporate debtor as going concern(2) for the purposes of sub-section (1), the interim resolution professional shall have the authority—35(a) to appoint accountants, legal counsel or such other professionals as may be necessary;(b) to enter into contracts on behalf of the corporate debtor or to amend or modify the contracts or transactions which were entered into before the commencement of corporate insolvency resolution process;40(c) to raise interim finance provided that no security interest shall be created over any encumbered property of the corporate debtor without the prior consent of the creditors whose debt is secured over such encumbered property;(d) to issue instructions to its personnel as may be necessary for keeping the corporate debtor as a going concern; and45(e) to take all such actions as are necessary to keep the corporate debtor as a going concerncommittee of creditors21 (1) the interim resolution professional, shall, after collation of all claims received against the corporate debtor and determination of the financial position of the corporate debtor, constitute a committee of creditors5 (2) the committee of creditors shall comprise all financial creditors of the corporate debtor: provided that a related party to whom a corporate debtor owes a financial debt shall not have any right of representation, participation or voting in a meeting of the committee of creditors10 (3) where the corporate debtor owes financial debts to two or more financial creditors as part of a consortium or agreement, each such financial creditor shall be part of the committee of creditors and their voting share shall be determined on the basis of the financial debts owed to them(4) where any person is a financial creditor as well as an operational creditor,—15 (a) such person shall be considered to be a financial creditor to the extent of the financial debt owed by the corporate debtor, and shall be included in the committee of creditors, with voting share proportionate to the extent of financial debts owed to such creditor; (b) such person shall be considered to be an operational creditor to the extent of the operational debt owed by the corporate debtor to such creditor20 (5) where an operational creditor has assigned or legally transferred any operational debt to a financial creditor, the assignee or transferee shall be considered as an operational creditor to the extent of such assignment or legal transfer25(6) where the terms of the financial debt extended as part of a consortium arrangement or syndicated facility or issued as securities provide for a single trustee or agent to act for all financial creditors, each financial creditor may—(a) authorise the trustee or agent to act on his behalf in the committee of creditors to the extent of his voting share;(b) represent himself in the committee of creditors to the extent of his voting share;30(c) appoint an insolvency professional (other than the resolution professional)at his own cost to represent himself in the committee of creditors to the extent of his voting share; or(d) exercise his right to vote to the extent of his voting share with one or more financial creditors jointly or severally35(7) the board may specify the manner of determining the voting share in respect of financial debts issued as securities under sub-section (6)(8) all decisions of the committee of creditors shall be taken by a vote of not less than seventy-five per cent of voting share of the financial creditors:40 provided that where a corporate debtor does not have any financial creditors, the committee of creditors shall be constituted and comprise of such persons to exercise such functions in such manner as may be specified by the board(9) the committee of creditors shall have the right to require the resolution professional to furnish any financial information in relation to the corporate debtor at any time during the corporate insolvency resolution process45(10) the resolution professional shall make available any financial information so required by the committee of creditors under sub-section (9) within a period of three days of such requisition22 (1) the first meeting of the committee of creditors shall be held within three days of the constitution of the committee of creditorsappointment of resolution professional5(2) the committee of creditors, may, in the first meeting, by a majority vote of not less than seventy- five per cent of the voting share of the financial creditors, either resolve to appoint the interim resolution professional as a resolution professional or to replace the interim resolution professional by another resolution professional(3) where the committee of creditors resolves under sub-section (2)—10 (a) to continue the interim resolution professional as resolution professional, it shall communicate its decision to the interim resolution professional, the corporate debtor and the adjudicating authority; or (b) to replace the interim resolution professional, it shall file an application before the adjudicating authority for the appointment of the proposed resolution professional15(4) the adjudicating authority shall forward the name of the resolution professional proposed under clause (b) of sub-section (3) to the board for its confirmation and shall make such appointment after confirmation by the board20(5) where the board does not confirm the name of the proposed resolution professional within ten days of the date of receipt of the name of the proposed resolution professional, the adjudicating authority shall, by order, direct the interim resolution professional to continue to function as the resolution professional until such time as the board confirms the appointment of the proposed resolution professional23 (1) subject to section 26, the resolution professional shall conduct the entire corporate insolvency resolution process and manage the operations of the corporate debtor during the insolvency resolution process period25(2) the resolution professional shall exercise powers and perform duties as are vested or conferred on the interim resolution professional under this chapterresolution professional to conduct corporate insolvency resolution process30(3) in case of any appointment of a resolution professional under sub-section (4) of section 22, the interim resolution professional shall provide all the information, documents and records pertaining to the corporate debtor in his possession and knowledge to the resolution professional 24 (1) the members of the committee of creditors may meet in person or by such other electronic means as may be specifiedmeeting of committee of creditors(2) all meetings of the committee of creditors shall be conducted by the resolution professional35(3) the resolution professional shall give notice of each meeting of the committee of creditors to the members of the suspended board of directors or the partners of the corporate person, as the case may be(4) the directors and partners as referred to in sub-section (3) may attend meetings of the committee of creditors but shall not have any right to vote in such meetings:40 provided that the absence of any such director or partner, as the case may be, shall notinvalidate proceedings of such meeting(5) any creditor who is a member of the committee of creditors may appoint an insolvency professional other than the resolution professional to represent such creditor in a meeting of the committee of creditors:45 provided that the fees payable to such insolvency professional representing anyindividual creditor shall be borne by such creditor(6) each creditor shall vote in accordance with the voting share assigned to him based on the financial debts owed to such creditor(7) the resolution professional shall determine the voting share to be assigned to each creditor in the manner specified by the board5(8) the meetings of the committee of creditors shall be conducted in such manner as may be specifiedduties of resolution professional25 (1) it shall be the duty of the resolution professional to preserve and protect the assets of the corporate debtor, including the continued business operations of the corporate debtor10(2) for the purposes of sub-section (1), the resolution professional shall undertake the following actions, namely:—(a) take immediate custody and control of all the assets of the corporate debtor, including the business records of the corporate debtor;15(b) represent and act on behalf of the corporate debtor with third parties, exercise rights for the benefit of the corporate debtor in judicial, quasi-judicial or arbitration proceedings;(c) raise interim finances subject to the approval of the committee of creditors under section 28;20(d) appoint accountants, lawyers and other advisors in the manner as specified by the board;(e) maintain an updated list of claims;(f) convene and attend all meetings of the committee of creditors; (g) prepare the information memorandum in accordance with section 29;25(h) invite prospective lenders, investors, and any other persons to put forward resolution plans; (i) present all resolution plans at the meetings of the committee of creditors;(j) file application for avoidance of transactions in accordance with chapter iii, if any; and(k) such other actions as may be specified by the board30(3) the filing of an application under clause (j) of sub-section (2) by the resolution professional shall not affect the proceedings of the corporate insolvency resolution process35replacement of resolution professional by committee of creditors26 (1) where committee of creditors is of the opinion that at any time during the corporate insolvency resolution process, a resolution professional appointed under section 22 is not performing his duties in accordance with the provisions of this chapter, it may replace him with another resolution professional(2) the committee of creditors may, at a meeting, by a vote of seventy-five per cent of voting shares, propose to replace the resolution professional appointed by them under section 22 with another resolution professional40(3) the committee of creditors shall forward the name of the resolution professional proposed by them to the adjudicating authority(4) the adjudicating authority shall forward the name of the proposed resolution professional to the board for its confirmation and such resolution professional shall be appointed in the same manner as laid down in sub-sections (4) and (5) of section 16: provided that where any disciplinary proceedings are pending against the proposed resolution professional, the resolution professional appointed under section 22 shall continue for the remaining corporate insolvency resolution process period527 (1) a corporate debtor or any financial creditor accounting for less than seventyfive per cent of the voting shares in the committee of creditors may, at any time during the corporate insolvency resolution process, file an application before the adjudicating authority to replace a resolution professional, if there is evidence to demonstrate that the resolution professional —replacement of resolution professional by financial creditor or corporate debtor10(a) committed material irregularities in the conduct of any meeting of the committee of creditors; or(b) did not provide notice of meetings of the committee of creditors to thecorporate debtor; or(c) provided incorrect information or omitted material information from theinformation memorandum; or15(d) supplied additional information to any resolution applicant or third partywhich was not provided to the committee of creditors; or(e) managed the operations of the corporate debtor in a negligent or fraudulentmanner; or20(f) failed to exercise due diligence in the performance of his powers and functions;or(g) does not possess specialised qualification as is required; or(h) acted in a manner where his interests conflict with the interests of thecorporate debtor, creditors or other stakeholders; or (i) exercised powers in contravention of any law for the time being in force25 30(2) within fourteen days of the receipt of the application under sub-section (1), if theadjudicating authority is of the opinion that there is a prime facie case of the commission of any of the acts mentioned in sub-section (1) by the resolution professional, it shall accept the application and direct the committee of creditors to propose another resolution professional for conducting the corporate insolvency resolution process, otherwise it shall reject the application(3) for the purpose of compliance with the directions of the adjudicating authority under sub-section (2), the committee of creditors shall propose the name of another resolution professional in the same manner as laid down in section 2235(4) the resolution professional appointed under this section shall be entitled toexercise all the powers and perform the duties as are required to be exercised or performed under this code4028 (1) notwithstanding anything contained in any other law for the time being inforce, the resolution professional, during the corporate insolvency resolution process, shall not take any of the following actions without the prior approval of the committee of creditors namely:—approval of committee of creditors for certain actions(a) raise any interim finance in excess of the amount as may be decided by thecommittee of creditors in their first meeting;(b) create any security interest over the assets of the corporate debtor;45(c) change the capital structure of the corporate debtor, including by way ofissuance of additional securities, creating a new class of securities or buying back or redemption of issued securities in case the corporate debtor is a company;(d) record any change in the ownership interest of the corporate debtor; (e) give instructions to financial institutions maintaining accounts of the corporate debtor for a debit transaction from any such accounts in excess of the amount as may be decided by the committee of creditors in their first meeting;5(f) undertake any related party transaction; (g) amend any constitutional documents of the corporate debtor; (h) delegate its authority to any other person; (i) dispose of or permit the disposal of shares of any shareholder of the corporatedebtor or their nominees to third parties;10(j) make any change in the management of the corporate debtor or its subsidiary; (k) transfer rights or financial debts or operational debts under material contractsotherwise than in the ordinary course of business;(l) make changes in the appointment or terms of contract of such personnel, asspecified by the committee of creditors; or15(m) make changes in the appointment or terms of contract of statutory auditors or internal auditors of the corporate debtor (2) the resolution professional shall convene a meeting of the committee of creditors and seek the vote of the creditors prior to taking any of the actions under sub-section (1)20(3) no action under sub-section (1) shall be approved by the committee of creditors unless approved by a vote of seventy-five per cent of the voting shares(4) where any action under sub-section (1) is taken by the resolution professional without seeking the approval of the committee of creditors in the manner as required in this section, such action shall be void25(5) the committee of creditors may report the actions of the resolution professional under sub-section (4) to the board for removal of the resolution professional for undertaking such actionspreparation of information memorandum29 (1) the resolution professional shall prepare an information memorandum in suchform and manner containing such relevant information as may be specified by the board forformulating a resolution plan30(2) the resolution professional shall provide to the resolution applicant access to all relevant information in physical and electronic form, provided such resolution applicant undertakes—(a) to comply with the provisions of any law for the time being in force relating to confidentiality and insider trading;35(b) to protect any intellectual property of the corporate debtor it may have access to; and(c) not to share relevant information with third parties unless clauses (a) and (b)of this sub-section are complied with40explanation—for the purposes of this section, "relevant information" means the information required by the resolution applicant to make the resolution plan for the corporate debtor, which shall include the financial position of the corporate debtor, all information related to disputes by or against the corporate debtor and any other matter pertaining to the corporate debtor as may be specified30 (1) a resolution applicant may submit a resolution plan to the resolution professional prepared on the basis of the information memorandumsubmission of resolution plan(2) the resolution professional shall examine each resolution plan received by him to confirm that each resolution plan—5(a) provides for the payment of insolvency resolution process costs in a mannerspecified by the board in priority to the repayment of other debts of the corporate debtor;10(b) provides for the repayment of the debts of operational creditors in such manner specified by the board which shall not be less than the amount to be paid to the operational creditors in the event of a liquidation of the corporate debtor under section 53;(c) does not contravene any of the provisions of the law for the time being in force; and (d) confirms to such other requirements as may be specified by the board15(3) the resolution professional shall present to the committee of creditors for its approval such resolution plans which confirm the conditions referred to in sub-section (2)(4) the committee of creditors may approve a resolution plan by a vote of not less than seventy-five per cent of voting share of the financial creditors20(5) the resolution applicant may attend the meeting of the committee of creditors in which the resolution plan of the applicant is considered:provided that the resolution applicant shall not have a right to vote at the meeting of the committee of creditors unless such resolution applicant is also a financial creditor(6) the resolution professional shall submit the resolution plan as approved by the committee of creditors to the adjudicating authority2531 (1) if the adjudicating authority is satisfied that—approval of resolution plan (a) the resolution plan as approved by the committee of creditors under subsection (4) of section 30 meets the requirements as referred to in sub-section (2) of section 30; and30(b) there is no material irregularity in exercise of the powers by the resolution professional during the corporate insolvency resolution period, it shall by order approve the resolution plan which shall be binding on the corporate debtor and its employees, members, creditors, guarantors and other stakeholders involved in the resolution plan35(2) where the adjudicating authority is satisfied that the resolution plan does not conform to the requirements referred to in clauses (a) and (b) of sub-section (1), it may, by an order, reject the resolution plan(3) after the order of approval under sub-section (1),—(a) the moratorium order passed by the adjudicating authority under section 14shall cease to have effect; and40(b) the resolution professional shall forward all records relating to the conductof the corporate insolvency resolution process and the resolution plan to the board to be recorded on its databaseappeal32 any appeal from an order approving the resolution plan shall be in the manner and on the grounds laid down in sub-section (3) of section 61 chapter iii liquidation process33 (1) where the adjudicating authority,—initiation of liquidation5 (a) before the expiry of the insolvency resolution process period or the maximumperiod permitted for completion of the corporate insolvency resolution process under section 12 or the fast track corporate insolvency resolution process under section 56, as the case may be, does not receive a resolution plan under sub-section (6) ofsection 30; or10 (b) rejects the resolution plan under section 31 for the non-compliance of the requirements specified therein, it shall — (i) pass an order requiring the corporate debtor to be liquidated in the manner as laid down in this chapter;15 (ii) issue a public announcement stating that the corporate debtor is in liquidation;and (iii) require such order to be sent to the authority with which the corporate debtor is registered20(2) where the resolution professional, at any time during the corporate insolvency resolution process but before confirmation of resolution plan, intimates the adjudicating authority of the decision of the committee of creditors to liquidate the corporate debtor, the adjudicating authority shall pass a liquidation order as referred to in clauses (i), (ii), (iii) of sub-section (1)25 (3) where the resolution plan approved by the adjudicating authority is contravened by the concerned corporate debtor, any person other than the corporate debtor, whose interests are prejudicially affected by such contravention, may make an application to the adjudicating authority for a liquidation order as referred to in clauses (i), (ii), (iii) of sub-section (1)(4) on receipt of an application under sub-section (3), if the adjudicating authority determines that the corporate debtor has contravened the provisions of the resolution plan, it shall pass a liquidation order as referred to in clauses (i), (ii) , (iii) of sub-section (1)30 (5) subject to section 52, when a liquidation order has been passed, no suit or other legal proceeding shall be instituted by or against the corporate debtor:provided that a suit or other legal proceeding may be instituted by the liquidator, on behalf of the corporate debtor, with the prior approval of the adjudicating authority:35 provided further that nothing in this sub-section shall apply to any proceeding pending in appeal before the supreme court or a high court(6) the provisions of sub-section (5) shall not apply to legal proceedings in relation to such transactions as may be notified by the central government in consultation with any financial sector regulator40 (7) the order for liquidation under this section shall be deemed to be a notice of discharge to the officers, employees and workmen of the corporate debtor, except when the business of the corporate debtor is continued during the liquidation process by the liquidator45appointment of liquidator and fee to be paid34 (1) where the adjudicating authority passes an order for liquidation of the corporate debtor under section 33, the resolution professional appointed for the corporate insolvency resolution process under chapter ii shall act as the liquidator for the purposes of liquidation unless replaced by the adjudicating authority under sub-section (4)(2) on the appointment of a liquidator under this section, all powers of the board of directors, key managerial personnel and the partners of the corporate debtor, as the case may be, shall cease to have effect and shall be vested in the liquidator5(3) the personnel of the corporate debtor shall extend all assistance and cooperationto the liquidator as may be required by him in managing the affairs of the corporate debtor and provisions of section 19 shall apply mutatis mutandis to this chapter(4) the adjudicating authority shall by order replace the resolution professional, if–10(a) the resolution plan submitted by the resolution professional under section 30 was rejected for failure to meet the requirements mentioned in sub-section (2) of section 30; or(b) the board recommends the replacement of a resolution professional to the adjudicating authority for reasons to be recorded in writing (5) for the purposes of clause (a) of sub-section (4), the adjudicating authority may direct the board to propose name of another insolvency professional to be a liquidator15(6) the board shall propose the name of another insolvency professional within tendays of the direction issued by the adjudicating authority under sub-section (5)(7) the adjudicating authority shall on receipt of the proposal of the board for the appointment of an insolvency professional as liquidator, by an order appoint such insolvency professional as the liquidator20(8) an insolvency professional proposed to be appointed as a liquidator shall chargesuch fee for the conduct of the liquidation proceedings and in such proportion to the value of the liquidation estate assets, as may be specified by the board(9) the fees for the conduct of the liquidation proceedings under sub-section (8) shall be paid to the liquidator from the proceeds of the liquidation estate under section 532535 (1) subject to the directions of the adjudicating authority, the liquidator shallhave the following powers and duties, namely:—powers and duties of liquidator(a) to verify claims of all the creditors; (b) to take into his custody or control all the assets, property, effects andactionable claims of the corporate debtor;30(c) to evaluate the assets and property of the corporate debtor in the manner asmay be specified by the board and prepare a report;(d) to take such measures to protect and preserve the assets and properties ofthe corporate debtor as he considers necessary;35(e) to carry on the business of the corporate debtor for its beneficial liquidationas he considers necessary;(f) subject to section 52, to sell the immovable and movable property andactionable claims of the corporate debtor in liquidation by public auction or private contract, with power to transfer such property to any person or body corporate, or to sell the same in parcels in such manner as may be specified;40(g) to draw, accept, make and endorse any negotiable instruments including billof exchange, hundi or promissory note in the name and on behalf of the corporate debtor, with the same effect with respect to the liability as if such instruments were drawn, accepted, made or endorsed by or on behalf of the corporate debtor in the ordinary course of its business;45(h) to take out, in his official name, letter of administration to any deceasedcontributory and to do in his official name any other act necessary for obtainingpayment of any money due and payable from a contributory or his estate which cannot be ordinarily done in the name of the corporate debtor, and in all such cases, the money due and payable shall, for the purpose of enabling the liquidator to take out the letter of administration or recover the money, be deemed to be due to the liquidator himself;5(i) to obtain any professional assistance from any person or appoint any professional, in discharge of his duties, obligations and responsibilities;(j) to invite and settle claims of creditors and claimants and distribute proceeds in accordance with the provisions of this code;10(k) to institute or defend any suit, prosecution or other legal proceedings, civil or criminal, in the name of on behalf of the corporate debtor; (l) to investigate the financial affairs of the corporate debtor to determine undervalued or preferential transactions;15(m) to take all such actions, steps, or to sign, execute and verify any paper, deed, receipt document, application, petition, affidavit, bond or instrument and for such purpose to use the common seal, if any, as may be necessary for liquidation, distribution of assets and in discharge of his duties and obligations and functions as liquidator;(n) to apply to the adjudicating authority for such orders or directions as may be necessary for the liquidation of the corporate debtor and to report the progress of the liquidation process in a manner as may be specified by the board; and20(o) to perform such other functions as may be specified by the board(2) the liquidator shall have the power to consult any of the stakeholders entitled to a distribution of proceeds under section 53:provided that any such consultation shall not be binding on the liquidator:25provided further that the records of any such consultation shall be made available to all other stakeholders not so consulted, in a manner specified by the boardliquidation estate36 (1) for the purposes of liquidation, the liquidator shall form an estate of the assetsmentioned in sub-section (3), which will be called the liquidation estate in relation to the corporate debtor30(2) the liquidator shall hold the liquidation estate as a fiduciary for the benefit of all the creditors(3) subject to sub-section (4), the liquidation estate shall comprise all liquidation estate assets which shall include the following:—35 (a) any assets over which the corporate debtor has ownership rights, includingall rights and interests therein as evidenced in the balance sheet of the corporate debtor or an information utility or records in the registry or any depository recording securities of the corporate debtor or by any other means as may be specified by the board, including shares held in any subsidiary of the corporate debtor;(b) assets that may or may not be in possession of the corporate debtor includingbut not limited to encumbered assets;40(c) tangible assets, whether movable or immovable; (d) intangible assets including but not limited to intellectual property, securities(including shares held in a subsidiary of the corporate debtor) and financial instruments, insurance policies, contractual rights;(e) assets subject to the determination of ownership by the court or authority;(f) any assets or their value recovered through proceedings for avoidance of transactions in accordance with this chapter;(g) any asset of the corporate debtor in respect of which a secured creditor hasrelinquished security interest;5(h) any other property belonging to or vested in the corporate debtor at theinsolvency commencement date; and(i) all proceeds of liquidation as and when they are realised(4) the following shall not be included in the liquidation estate assets and shall not be used for recovery in the liquidation:—10(a) assets owned by a third party which are in possession of the corporatedebtor, including —(i) assets held in trust for any third party; (ii) bailment contracts; (iii) contributions in respect of employee pensions;15 ( iv) other contractual arrangements which do not stipulate transfer oftitle but only use of the assets; and (v) such other assets as may be notified by the central government inconsultation with any financial sector regulator;20(b) assets in security collateral held by financial services providers and aresubject to netting and set-off in multi-lateral trading or clearing transactions;(c) personal assets of any shareholder or partner of a corporate debtor as thecase may be provided such assets are not held on account of avoidance transactions that may be avoided under this chapter;(d) assets of any indian or foreign subsidiary of the corporate debtor; or25 (e) any other assets as may be specified by the board, including assets whichcould be subject to set-off on account of mutual dealings between the corporate debtor and any creditor;30powers of liquidator to access information37 (1) notwithstanding anything contained in any other law for the time being in force, the liquidator shall have the power to access any information systems for the purpose of admission and proof of claims and identification of the liquidation estate assets relating to the corporate debtor from the following sources, namely:— (a) an information utility; (b) credit information systems regulated under any law for the time being inforce;35(c) any agency of the central, state or local government including any registrationauthorities;(d) information systems for financial and non-financial liabilities regulated underany law for the time being in force;40(e) information systems for securities and assets posted as security interestregulated under any law for the time being in force;(f) any database maintained by the board; and (g) any other source as may be specified by the board(2) the creditors may require the liquidator to provide them any financial information relating to the corporate debtor in such manner as may be specified(3) the liquidator shall provide information referred to in sub-section (2) to suchcreditors who have requested for such information within a period of three days from the date of such request or provide reasons for not providing such informationconsolidation of claims538 (1) the liquidator shall receive or collect the claims of creditors within a period ofthirty days from the date of the commencement of the liquidation process(2) a financial creditor may submit a claim to the liquidator by providing a record ofsuch claim with an information utility:10 provided that where the information relating to the claim is not recorded in theinformation utility, the financial creditor may submit the claim in the same manner provided for the submission of claims for the operational creditor under sub-section (3)(3) an operational creditor may submit a claim to the liquidator in such form and insuch manner and along with such supporting documents required to prove the claim as may be specified by the board15(4) a creditor who is partly a financial creditor and partly an operational creditor shallsubmit claims to the liquidator to the extent of his financial debt in the manner as provided in sub-section (2) and to the extent of his operational debt under sub-section (3)(5) a creditor may withdraw or vary his claim under this section within fourteen daysof its submissionverification of claims2039 (1) the liquidator shall verify the claims submitted under section 38 within suchtime as specified by the board(2) the liquidator may require any creditor or the corporate debtor or any other personto produce any other document or evidence which he thinks necessary for the purpose of verifying the whole or any part of the claim2540 (1) the liquidator may, after verification of claims under section 39, either admit orreject the claim, in whole or in part, as the case may be:admission or rejection of claims provided that where the liquidator rejects a claim, he shall record in writing the reasonsfor such rejection(2) the liquidator shall communicate his decision of admission or rejection of claims tothe creditor and corporate debtor within three days of such admission or rejection of claims3041 the liquidator shall determine the value of claims admitted under section 40 in suchmanner as may be specified by the boarddetermination of valuation of claims42 a creditor may appeal to the adjudicating authority against the decision of theliquidator rejecting the claims within fourteen days of the receipt of such decisionappeal against the decision of liquidator35preferential transactions and relevant time43 (1) where the liquidator or the resolution professional, as the case may be, is of the opinion that the corporate debtor has at a relevant time given a preference in such transactions and in such manner as laid down in sub-section (2) to any persons as referred to in subsection (4), he shall apply to the adjudicating authority for avoidance of preferential transactions and for, one or more of the orders referred to in section 44(2) a corporate debtor shall be deemed to have given a preference, if—40(a) there is a transfer of property or an interest thereof of the corporate debtor for the benefit of a creditor or a surety or a guarantor for or on account of an antecedent financial debt or operational debt or other liabilities owed by the corporate debtor; and(b) the transfer under clause (a) has the effect of putting such creditor or a surety or a guarantor in a beneficial position than it would have been in the event of a distribution of assets being made in accordance with section 53 5(3) for the purposes of sub-section (2), a preference shall not include the following transfers— (a) transfer made in the ordinary course of the business or financial affairs of the corporate debtor or the transferee;(b) any transfer creating a security interest in property acquired by the corporate debtor to the extent that—10(i) such security interest secures new value and was given at the time ofor after the signing of a security agreement that contains a description of such property as security interest, and was used by corporate debtor to acquire such property; and15(ii) such transfer was registered with an information utility on or before thirty days after the corporate debtor receives possession of such property: provided that any transfer made in pursuance of the order of a court shall not preclude such transfer to be deemed as giving of preference by the corporate debtor20 explanation—for the purpose of sub-section (3) of this section, "new value" means money or its worth in goods, services, or new credit, or release by the transferee of property previously transferred to such transferee in a transaction that is neither void nor voidable by the liquidator or the resolution professional under this code, including proceeds of such property, but does not include a financial debt or operational debt substituted for existing financial debt or operational debt(4) a preference shall be deemed to be given at a relevant time, if —25(a) it is given to a related party (other than by reason only of being an employee), during the period of two years preceding the insolvency commencement date; or(b) a preference is given to a person other than a related party during the period of one year preceding the insolvency commencement date44 (1) the adjudicating authority, may, on an application made by the resolution professional or liquidator under sub-section (1) of section 43, by an order:30orders in case of preferential transactions(a) require any property transferred in connection with the giving of the preference to be vested in the corporate debtor;(b) require any property to be so vested if it represents the application either of the proceeds of sale of property so transferred or of money so transferred;35(c) release or discharge (in whole or in part) of any security interest created bythe corporate debtor;(d) require any person to pay such sums in respect of benefits received by himfrom the corporate debtor, such sums to the liquidator or the resolution professional, as the adjudicating authority may direct;40(e) direct any guarantor, whose financial debts or operational debts owed to anyperson were released or discharged (in whole or in part) by the giving of the preference, to be under such new or revived financial debts or operational debts to that person as the adjudicating authority deems appropriate;45(f) direct for providing security or charge on any property for the discharge ofany financial debt or operational debt under the order, and such security or charge to have the same priority as a security or charge released or discharged wholly or in part by the giving of the preference; and(g) direct for providing the extent to which any person whose property is so vested in the corporate debtor, or on whom financial debts or operational debts are imposed by the order, are to be proved in the liquidation or the corporate insolvency resolution process for financial debts or operational debts which arose from, or were released or discharged wholly or in part by the giving of the preference:5provided that an order under this section shall not— (a) affect any interest in property which was acquired from a person other than the corporate debtor or any interest derived from such interest and was acquired in good faith and for value;10(b) require a person, who received a benefit from the preferential transaction in good faith and for value to pay a sum to the liquidator or the resolution professional15explanation i— for the purpose of this section, it is clarified that where a person who has acquired an interest in property from another person other than the corporate debtor, or who has received a benefit from the preference or such another person to whom the corporate debtor gave the preference,—(a) had sufficient information of the initiation or commencement of insolvency resolution process of the corporate debtor;(b) is a related party,20it shall be presumed that the interest was acquired or the benefit was received otherwise than in good faith unless the contrary is shownexplanation ii—a person shall be deemed to have sufficient information or opportunity to avail such information if a public announcement regarding the corporate insolvency resolution process has been made under section 1325avoidance of undervalued transactions45 (1) if the liquidator or the resolution professional, as the case may be, on an examination of the transactions of the corporate debtor referred to in sub-section (2) of section 43 determines that certain transactions were made during the relevant period under section 46, which were undervalued, he shall make an application to the adjudicating authority to declare such transactions as void and reverse the effect of such transaction in accordance with this chapter30 (2) a transaction shall be considered undervalued where the corporate debtor— (a) makes a gift to a person; or (b) enters into a transaction with a person which involves the transfer of one or more assets by the corporate debtor for a consideration the value of which is significantly less than the value of the consideration provided by the corporate debtor,35 and such transaction has not taken place in the ordinary course of business of the corporate debtor46 (1) in an application for avoiding a transaction at undervalue, the liquidator or the resolution professional, as the case may be, shall demonstrate that—relevant period for avoidable transactions40 (i) such transaction was made with any person within the period of one yearpreceding the insolvency commencement date; or (ii) such transaction was made with a related party within the period of twoyears preceding the insolvency commencement date (2) the adjudicating authority may require an independent expert to assess evidence relating to the value of the transactions mentioned in this sectionapplication by creditor in cases of undervalued transactions547 (1) where an undervalued transaction has taken place and the liquidator or the resolution professional as the case may be, has not reported it to the adjudicating authority, a creditor, member or a partner of a corporate debtor, as the case may be, may make an application to the adjudicating authority to declare such transactions void and reverse their effect in accordance with this chapter (2) the adjudicating authority, after examination of the application made under subsection (1), is satisfied that—(a) undervalued transactions had occurred; and10(b) liquidator or the resolution professional, as the case may be, after having sufficient information or opportunity to avail information of such transactions did not report such transaction to the adjudicating authority, it shall pass an order—(a) restoring the position as it existed before such transactions and reversing the effects thereof in the manner as laid down in section 45 and section 48;15(b) requiring the board to initiate disciplinary proceedings against the liquidator or the resolution professional as the case may be48 the order of the adjudicating authority under sub-section (1) of section 45 may provide for the following:—order in cases of undervalued transactions20(a) require any property transferred as part of the transaction, to be vested in the corporate debtor;(b) release or discharge (in whole or in part) any security interest granted by the corporate debtor;25(c) require any person to pay such sums, in respect of benefits received by such person, to the liquidator or the resolution professional as the case may be, as the adjudicating authority may direct; or(d) require the payment of such consideration for the transaction as may be determined by an independent experttransactions defrauding creditors3049 where the corporate debtor has entered into an undervalued transaction as referred to in sub-section (2) of section 45 and the adjudicating authority is satisfied that such transaction was deliberately entered into by such corporate debtor—(a) for keeping assets of the corporate debtor beyond the reach of any person who is entitled to make a claim against the corporate debtor; or(b) in order to adversely affect the interests of such a person in relation to the claim,35the adjudicating authority shall make an order—(a) restoring the position as it existed before such transaction as if the transaction had not been entered into; and(b) protecting the interests of persons who are victims of such transactions:provided that an order under this section—5(a) shall not affect any interest in property which was acquired from a person other than the corporate debtor and was acquired in good faith, for value and without notice of the relevant circumstances, or affect any interest deriving from such an interest, and(b) shall not require a person who received a benefit from the transaction in good faith, for value and without notice of the relevant circumstances to pay any sum unless he was a party to the transaction10extortionate credittransactions50 (1) where the corporate debtor has been part of a credit transaction involving the receipt of financial or operational debt during the period within two years preceding the insolvency commencement date, the liquidator or the resolution professional as the case may be, may make an application for avoidance of such transaction to the adjudicating authority if the terms of such transaction required exorbitant payments to be made by the corporate debtor15(2) the board may specify the circumstances in which a transactions which shall be covered under sub-section (1)20explanation—for the purpose of this section, it is clarified that any debt extended by any person providing financial services which is in compliance with any law for the time being in force in relation to such debt shall in no event be considered as an extortionate credit transaction51 where the adjudicating authority after examining the application made under sub-section (1) of section 50 is satisfied that the terms of a credit transaction required exorbitant payments to be made by the corporate debtor, it shall make an order—(a) to restore the position as it existed prior to such transaction;orders of adjudicating authority in respect of extortionate credit transactions25(b) set aside the whole or part of the debt created on account of the extortionatecredit transaction;(c) modify the terms of the transaction; (d) require any person who is, or was, a party to the transaction to repay any amount received by such person; or30(e) require any security interest that was created as part of the extortionate credittransaction to be relinquished in favour of the liquidator or the resolution professional, as the case may be52 (1) a secured creditor in the liquidation proceedings may—secured creditor in liquidation proceedings35(a) relinquish its security interest to the liquidation estate and receive proceedsfrom the sale of assets by the liquidator in the manner specified in section 53; or(b) realise its security interest in the manner specified in this section(2) where the secured creditor realises security interest under clause (b) of subsection (1), he shall inform the liquidator of such security interest and identify the asset subject to such security interest to be realised(3) before any security interest is realised by the secured creditor under this section, the liquidator shall verify such security interest and permit the secured creditor to realise only such security interest, the existence of which may be proved either –5(a) by the records of such security interest maintained by an information utility;or(b) by such other means as may be specified by the board(4) a secured creditor may enforce, realise, settle, compromise or deal with the secured assets in accordance with such law as applicable to the security interest being realised and to the secured creditor and apply the proceeds to recover the debts due to it10(5) if in the course of realising a secured asset, any secured creditor faces resistancefrom the corporate debtor or any person connected therewith in taking possession of, selling or otherwise disposing off the security, the secured creditor may make an application to the adjudicating authority to facilitate the secured creditor to realise such security interest in accordance with law for the time being in force15(6) the adjudicating authority, on the receipt of an application from a secured creditorunder sub-section (5) may pass such order as may be necessary to permit a secured creditorto realise security interest in accordance with law for the time being in force20(7) where the enforcement of the security interest under sub-section (4) yields an amount by way of proceeds which is in excess of the debts due to the secured creditor, the secured creditor shall—(a) account to the liquidator for such surplus; and (b) tender to the liquidator any surplus funds received from the enforcement ofsuch secured assets25(8) the amount of insolvency resolution process costs, due from secured creditors who realise their security interests in the manner provided in this section, shall be deducted from the proceeds of any realisation by such secured creditors, and they shall transfer such amounts to the liquidator to be included in the liquidation estate(9) where the proceeds of the realisation of the secured assets are not adequate to repay debts owed to the secured creditor, the unpaid debts of such secured creditor shall be paid by the liquidator in the manner specified in clause (e) of sub-section (1) of section 5330distribution of assests53 (1) notwithstanding anything to the contrary contained in any law enacted by the parliament or any state legislature for the time being in force, the proceeds from the sale of the liquidation assets shall be distributed in the following order of priority and within such period as may be specified, namely:—35(a) the insolvency resolution process costs and the liquidation costs paid in full;(b) the following debts which shall rank equally between and among the following:— (i) debts owed to a secured creditor in the event such secured creditorhas relinquished security in the manner set out in section 52; and40 (ii) workmen's dues for the period of twelve months preceding the liquidation commencement date; (c) wages and any unpaid dues owed to employees other than workmen for the period of twelve months preceding the liquidation commencement date;(d) financial debts owed to unsecured creditors;5 (e) the following dues shall rank equally between and among the following:—10(i) any amount due to the central government and the state government including the amount to be received on account of the consolidated fund of india and the consolidated fund of a state, if any, in respect of the whole or any part of the period of two years preceding the liquidation commencement date; (ii) debts owed to a secured creditor for any amount unpaid following the enforcement of security interest; (f) any remaining debts and dues; (g) preference shareholders, if any; and15(h) equity shareholders or partners, as the case may be (2) any contractual arrangements between recipients under sub-section (1) with equal ranking, if disrupting the order of priority under that sub-section shall be disregarded by the liquidator20(3) the fees payable to the liquidator shall be deducted proportionately from the proceeds payable to each class of recipients under sub-section (1), and the proceeds to the relevant recipient shall be distributed after such deductionexplanation—for the purposes of this section,—25(i) it is hereby clarified that at each stage of the distribution of proceeds in respect of a class of recipients that rank equally, each of the debts will either be paid in full, or will be paid in equal proportion within the same class of recipients, if the proceeds are insufficient to meet the debts in full; and18 of 2013(ii) the term "workmen's dues" shall have the same meaning as assigned to it in section 326 of the companies act, 201330dissolution of corporate debtor54 (1) where the assets of the corporate debtor have been completely liquidated, the liquidator shall make an application to the adjudicating authority for the dissolution of such corporate debtor(2) the adjudicating authority shall, on application filed by the liquidator under subsection (1), order that the corporate debtor shall be dissolved from the date of that order and the corporate debtor shall be dissolved accordingly35(3) a copy of an order under sub-section (2) shall, within seven days from the date of such order, be forwarded to the authority with which the corporate debtor is registered55 (1) a corporate insolvency resolution process carried out in accordance with this chapter shall be called a fast track corporate insolvency resolution processfast track corporate insolvency resolution process(2) an application for fast track corporate insolvency resolution process may be made in respect of the following corporate debtors, namely:-(a) a corporate debtor with assets and income below a level as may be notified by the central government; or(b) a corporate debtor with such class of creditors or such amount of debt as may be notified by the central government; or(c) such other category of corporate persons as may be notified by the central government56 (1) subject to sub-section (3), the fast track corporate insolvency resolution process shall be completed within a period of ninety days from the insolvency commencement date(2)the resolution professional shall file an application to the adjudicating authority to extend the period of the fast track corporate insolvency resolution process beyond ninety days if instructed to do so by way of a resolution passed at a meeting of the committee of creditors and supported by a vote of seventy five percent of the voting sharetime periodfor completion of fast track corporate insolvency resulution process(3) on an application under sub-section (2) if the adjudicating authority determines that the case is of such complexity that an orderly fast track corporate insolvency resolution process cannot be completed within ninety days, it may by order extend the duration of such process beyond ninety days: provided that any extension of the fast track corporate insolvency resolution process period granted by the adjudicating authority under this section shall not be beyond a period of forty five days: provided further that any extension of the fast track corporate insolvency resolution process under this section shall not be granted more than once time period for completion of fast track corporate insolvency resolution process57 an application for fast track corporate insolvency resolution process may be initiated by a creditor or corporate debtor as the case may be, by furnishing:(a) the proof of the existence of default as evidenced by records available withan information utility or such other means as may be specified by the board; andmanner of initiating fast track corporate insolvency resolution process(b) such other information as may be specified by the board to establish that the corporate debtor is eligible for fast track corporate insolvency resolution process manner of initiating fast track corporate insolvency resolution process58 the process for conducting an corporate insolvency resolution process under chapter ii and the provisions relating to offences and penalties under chapter vii shall apply to this chapter as the context may requireapplicability of chapter ii to this chapter chapter v voluntary liquidation of corporate persons59 (1) a corporate person who intends to liquidate itself voluntarily and has not committed any default may initiate voluntary liquidation proceedings under the provisions of this chaptervoluntary liquidation of corporate persons(2) the process for voluntary liquidation of a corporate person under sub-section (1), shall meet such conditions and procedural requirements as may be specified by the board(3) without prejudice to sub-section (2), voluntary liquidation proceedings of a corporate person registered as a company shall meet the following conditions:(a) a declaration from majority of the directors of the company verified by an affidavit stating that –(i) they have made a full inquiry into the affairs of the company and they have formed an opinion that either the company has no debt or that it will be able to pay its debts in full from the proceeds of assets to be sold in the voluntary liquidation; and(ii) the company is not being liquidated to defraud any person;(b) the declaration under sub-clause (a) shall be accompanied with the following documents, namely:-(i) audited financial statements and record of business operations of the company for the previous two years or for the period since its incorporation, whichever is later;(ii) a report of the valuation of the assets of the company, if any prepared by a registered valuer; (c) within four weeks of a declaration under sub-clause (a), there shall be—(i) a special resolution of the members of the company in a general meeting requiring the company to be liquidated voluntarily and appointing an insolvency professional to act as the liquidator; or(ii) a resolution of the members of the company in a general meeting requiring the company to be liquidated voluntarily as a result of expiry of the period of its duration, if any, fixed by its articles or on the occurrence of any event in respect of which the articles provide that the company shall be dissolved, as the case may be and appointing an insolvency professional to act as the liquidator:provided that the company owes any debt to any person, creditors representing twothirds in value of the debt of the company shall approve the resolution passed under subclause (c) within seven days of such resolution(4) the company shall notify the registrar of companies and the board about the resolution under sub-section (3) to liquidate the company within two days of such resolution or the subsequent approval by the creditors, as the case may be(5) subject to approval of the creditors under sub-section (3), the voluntary liquidation proceedings in respect of a company shall be deemed to have commenced from the date of passing of the resolution under sub-clause (c) of sub-section (3)(6) the provisions of sections 35 to 53 of chapter iii and provisions of chapter viishall apply mutatis mutandis to voluntary liquidation proceedings for corporate persons under this chapter and the reference to insolvency commencement date under any of the aforesaid sections shall be construed as the commencement date for voluntary liquidation under this chapter(7) where the affairs of the corporate person have been completely wound up, and its assets completely liquidated, the liquidator shall make an application to the adjudicating authority for the dissolution of such corporate person(8) the adjudicating authority shall on application filed by the liquidator under subsection (7) order that the corporate debtor shall be dissolved from the date of that order and the corporate debtor shall be dissolved accordingly(9) a copy of an order under sub-section (8) shall within fourteen days from the date of such order, be forwarded to the authority with which the corporate person is registered chapter vi adjudicating authority for corporate personsadjudicating authority for corporate persons60 (1) the adjudicating authority, in relation to insolvency resolution and liquidation for corporate persons including corporate debtors and personal guarantors thereof shall be the national company law tribunal having territorial jurisdiction over the place where the registered office of a company is located(2) without prejudice to sub-section (1) and notwithstanding anything to the contrary contained in this code, where a corporate insolvency resolution process or liquidation proceeding of a corporate debtor is pending before national company law tribunal, an application relating to the insolvency resolution or bankruptcy of a personal guarantor of such corporate debtor shall be filed before the national company law tribunal (3) an insolvency resolution process or bankruptcy proceeding of a personal guarantor of the corporate debtor pending in any court or tribunal shall stand transferred to the adjudicating authority dealing with insolvency resolution process or liquidation proceeding of such corporate debtor(4) the national company law tribunal shall be vested with all the powers of the debt recovery tribunal as contemplated under part iii of this code for the purpose of sub-section(2)adjudicating authority for corporate persons(5)notwithstanding anything to the contrary contained in any other law for the time being in force, the national company law tribunal shall have jurisdiction to entertain or dispose of -(a) any application or proceeding by or against the corporate debtor or corporateperson;(b) any claim made by or against the corporate debtor or corporate person,including claims by or against any of its subsidiaries situated in india; and(c) any question of priorities or any question of law or facts, arising out of or inrelation to the insolvency resolution or liquidation proceedings of the corporate debtoror corporate person under this code36 of 1963(6) notwithstanding anything contained in the limitation act, 1963 or in any other lawfor the time being in force, in computing the period of limitation specified for any suit orapplication in the name and on behalf of a corporate debtor for which an order of moratorium has been made under this part, the period during which such moratorium is in place shall be excluded18 of 2013appeals and appellate authority61 (1) notwithstanding anything to the contrary contained under the companiesact 2013, any person aggrieved by the order of the adjudicating authority under this part may prefer an appeal to the national company law appellate tribunal (2) every appeal under sub-section (1) shall be filed within forty- five days before the national company law appellate tribunal: provided that appellate tribunal may allow an appeal to be filed after the expiry of the said period of forty-five days if it is satisfied that there was sufficient cause for not filing the appeal but such period shall not exceed fifteen days (3) an appeal against an order approving a resolution plan under section 31 may be filed on the following grounds, namely:– (i) the approved resolution plan is in contravention of the provisions of any law for the time being in force; (ii) there has been material irregularity in exercise of the powers by the resolution professional during the corporate insolvency resolution period; (iii) the debts owed to operational creditors of the corporate debtor have not been provided for in the resolution plan in the manner specified by the board;(iv) the insolvency resolution process costs have not been provided for repayment in priority to all other debts; or(v) the resolution plan does not comply with any other criteria specified by the board (4) an appeal against a liquidation order passed under section 33 may be filed on grounds of material irregularity or fraud committed in relation to such a liquidation order appeals and appellate authority62 (1)any person aggrieved by an order of the national company law appellate tribunal may file an appeal to the supreme court on a question of law arising out of such order under this code within sixty days from the date of receipt of such orderappeal to supremecourt (2) the supreme court may, if it is satisfied that a person was prevented by sufficient cause from filing an appeal within ninety days, allow the appeal to be filed within a further period not exceeding thirty dayscivil court not to have jurisdiction63 no civil court or authority shall have jurisdiction to entertain any suit or proceedingsin respect of any matter on which national company law tribunal or the national company law appellate tribunal has jurisdiction under this code18 of 2013expeditious disposal of applications64 (1) notwithstanding anything contained in the companies act, 2013, where an application is not disposed of or order is not passed within the period specified in this code, the national company law tribunal or the national company law appellate tribunal, as the case may be, shall record the reasons for not doing so within the period so specified; and the president of the national company law tribunal or the chairperson of the national company law appellate tribunal, as the case may be, may, after taking into account the reasons so recorded, extend the period specified in the act but not exceeding ten days(2) no injunction shall be granted by any court, tribunal or authority in respect of any action taken, or to be taken, in pursuance of any power conferred on the national company law tribunal or the national company law appellate tribunal by or under this code expeditious disposal of applications65 (1) if, any person initiates the insolvency resolution process or liquidation proceedings fraudulenty or with malicious intent for any purpose other than for the resolution of insolvency, he shall be liable for a penalty which may extend to one crore rupees fraudulent or malicious initiation of proceedings(2) if, any person initiates voluntary liquidation proceedings with the intent to defraud any person he shall be liable to a penalty which shall not be less than one lakh rupees and which may extend to one crore rupeesfraudulent trading or wrongful trading66 (1) if during the corporate insolvency resolution process or a liquidation process, it is found that any business of the corporate debtor has been carried on with intent to defraud creditors of the corporate debtor or creditors of any other person, or for any fraudulent purpose, the adjudicating authority on the application of the resolution professional may order that any persons who were knowingly parties to the carrying on of the business in such manner shall be liable to make such contributions to the assets of the corporate debtor as it may deem fitfraudulent trading or wrongful trading (2) on an application made by a resolution professional during the conduct of a corporate insolvency resolution process, the adjudicating authority may order that a director or partner of the corporate debtor, as the case may be, shall be liable to make such contribution to the assets of the corporate debtor as it may deem fit, if-(a) before the insolvency commencement date, such director or partner knew or ought to have known that the there was no reasonable prospect of avoiding the commencement of a corporate insolvency resolution process in respect of such corporate debtor; and(b) such director or partner did not exercise due diligence in minimising the potential loss to the creditors of the corporate debtor explanation —for the purposes of this section a director or partner of the corporate debtor, as the case may be, shall be deemed to have exercised due diligence if such diligence was reasonably expected of a person carrying out the same functions as are carried out by such director or partner, as the case may be, in relation to the corporate debtorproceedings under section 6667 (1) where the adjudicating authority passes an order under sub-section (1) or sub-section (2) of section 66, as the case may be, it may give such further directions as it may deem appropriate for giving effect to the order, and in particular, the adjudicating authority may—(a) provide for the liability of any person under the order to be a charge on any debt or obligation due from the corporate debtor to him, or on any mortgage or charge or any interest in a mortgage or charge on assets of the corporate debtor held by or vested in him, or any person on his behalf, or any person claiming as assignee from or through the person liable or any person acting on his behalf; and(b) from time to time, make such further directions as may be necessary for enforcing any charge imposed under this section explanation - for the purposes of this section, "assignee" includes a person to whom or in whose favour, by the directions of the person (made liable under clause (a) of this sub-section), the debt, obligation, mortgage or charge was created, issued or transferred or the interest created, but does not include an assignee for valuable consideration given in good faith and without notice of any of the grounds on which the declaration has been made(2) where the adjudicating authority makes an order under sub-section (1) or (2) of section 66, as the case may be, in relation to a person who is a creditor of the corporate debtor, it may direct that the whole or any part of any debt owed by the corporate debtor to that person and any interest thereon shall rank in priority after all other debts owed by the corporate debtor and after any interest on those debts chapter vii offences and penalties68 (1) where any officer of the corporate debtor has–(i) within the twelve months immediately preceding the insolvencycommencement date–punishment for concealment of property(a) wilfully concealed any property or part of such property of the corporatedebtor or concealed any debt due to, or from, the corporate debtor, of the value of ten thousand rupees or more;(b) fraudulently removed any part of the property of the corporate debtorof the value of ten thousand rupees or more; or(c) wilfully concealed, destroyed, mutilated or falsified any book or paperaffecting or relating to the property of the corporate debtor or its affairs, or(d) wilfully made any false entry in any book or paper affecting or relatingto the property of the corporate debtor or its affairs, or(e) fraudulently parted with, altered or made any omission in any documentaffecting or relating to the property of the corporate debtor or its affairs, or(f) wilfully created any security interest over, transferred or disposed of any property of the corporate debtor which has been obtained on credit and has not been paid for unless such creation , transfer or disposal was in the ordinary course of the business of the corporate debtor, or(g) wilfully concealed the knowledge of the doing by others of any of the acts mentioned in clauses (c), (d) or (e);or(ii) where, at any time after the insolvency commencement date, committed any of the acts mentioned in sub-clause (a) to (f) of clause (i) of sub-section (1) or has the knowledge of the doing by others of any of the things mentioned in sub-clauses (c) to(e) of clause (i) of sub-section (1); or(iii) at any time after the insolvency commencement date, taken in pawn or pledge, or otherwise receives, the property knowing it to be so secured, transferred or disposed, such officer shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to one crore rupees:provided that nothing in this section shall render a person liable to any punishment under this section if he proves that he had no intent to defraud or to conceal the state of affairs of the corporate debtor69 on or after the insolvency commencement date, if an officer of the corporate debtor or the corporate debtor-punishment for transactions defrauding creditors(a) has made or caused to be made any gift or transfer of, or charge on, or has caused or connived in the execution of a decree or order against, the property of the corporate debtor;(b) has concealed or removed any part of the property of the corporate debtor since, or within two months before, the date of any unsatisfied judgment, decree or order for payment of money obtained against the corporate debtor, such officer of the corporate debtor or the corporate debtor, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to one crore rupees: provided that a person shall not be punishable under this section if the acts mentioned in clause (a) of sub-section (1) were committed more than five years before the insolvency commencement date; or if he proves that, at the time of those acts, he had no intent to defraud the creditors of the corporate debtor70 (1) on or after the insolvency commencement date, where an officer of the corporate debtor —(a) does not disclose to the resolution professional all the details of property of the corporate debtor, and details of transactions thereof, or any such other information as the resolution professional may require; orpunishment for misconduct in course of corporate insolvency resolution process(b) does not deliver to the resolution professional (or as he directs) all or part of the property of the corporate debtor in his control or custody, and which he is required to deliver; or(c) does not deliver to the resolution professional all books and papers in his control or custody belonging to the corporate debtor and which he is required to deliver; or(d) fails to inform the resolution professional of his knowledge that a debt has been falsely proved by any person during the corporate insolvency resolution process; or(e) prevents the production of any book or paper affecting or relating to the property or affairs of the corporate debtor; or(f) accounts for any part of the property of the corporate debtor by fictitious losses or expenses, or if he has so attempted at any meeting of the creditors of the corporate debtor within the twelve months immediately preceding the insolvency commencement date, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to one crore rupees: provided that nothing in this section shall render a person liable to any punishment under this section if he proves that he had no intent to defraud or to conceal the state of affairs of the corporate debtor(2) if an insolvency professional deliberately contravenes the provisions of the act in exercising powers under this code, he shall be punishable with imprisonment for a term which may extend to six months and he may also be liable for payment of fine not less than one lakh rupees which may extend to five lakhs rupeespunishment for falsification of books of corporate debtor71 on and after the insolvency commencement date, where any person destroys, mutilates, alters or falsifies any books, papers or securities, or makes or is in the knowledge of making of any false or fraudulent entry in any register, book of account or document belonging to the corporate debtor with intent to defraud or deceive any person, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to one crore rupees72 where an officer of the corporate debtor makes any material and wilful omission in any statement relating to the affairs of the corporate debtor, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to one crore rupeespunishment for wilful and material omissions from statements relating to affairs of corporate debtor73 (1) where any officer of the corporate debtor —punishment for false representations to creditors(a) on or after the insolvency commencement date, makes a false representation or commits any fraud for the purpose of obtaining the consent of the creditors of the corporate debtor or any of them to an agreement with reference to the affairs of the corporate debtor, during the corporate insolvency resolution process, or the liquidation process;(b) prior to the insolvency commencement date, has made any falserepresentation, or committed any fraud, for that purpose,he shall be punishable with imprisonment for a term which shall not be less thanthree years but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to one crore rupees74 (1) where the corporate debtor or any of its officer violates the provisions of section 14, any such officer who knowingly or wilfully committed or authorised or permitted such contravention shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to three lakh rupeespunishment for contravention of moratorium or the resolution plan (2) where any creditor violates the provisions of section 14, any person who knowingly and wilfully authorised or permitted such contravention by a creditor shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to one crore rupees(3) where the corporate debtor, any of its officers or creditors or any person on whom a resolution plan, approved under section 31 is binding, knowingly and wilfully violates or authorises such violation, breach or contravention of any of the terms of such resolution plan, such officer, creditor or person shall be punishable with imprisonment of not less than one year but which may extend to five years and with a fine which shall not be less than one lakh rupees but which may extend to one crore rupees75 where any person furnishes information in the application made under section 7, which is false in material particulars, knowing it to be false or omits any material fact, knowing it to be material, such person shall be punishable with a fine not less than one lakh rupees but which may extend to one crore rupeespenalties for false informationfurnished inapplication76 (i) where an operational creditor has wilfully or knowingly concealed in an application under section 9 the fact that the corporate debtor had notified him of a dispute in respect of the unpaid operational debt or the full and final repayment of the unpaid operational debt; orpenalty for non-disclosure of dispute or repayment of debt by operational creditor(ii) where any person who knowingly and wilfully authorised or permitted such concealment under clause (i), such operational creditor or person, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to one crore rupees77 (i) where a corporate debtor provides information in the application under section10 which is false in material particulars, knowing it to be false and omits any material fact, knowing it to be material; or(ii) where any person who knowingly and wilfully authorised or permitted the furnishing of such information under sub-clause (i), every officer or the corporate person or the person referred to in sub-clause (ii), as the case may be, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine which shall not be less than one lakh rupees but which may extend to one crore rupeesexplanation—for the purpose of this section, an application filed by the corporate debtor shall be deemed to be false in material particulars if, in case the facts mentioned or omitted in the application, if true or not omitted from the application as the case may be, would have been sufficient to determine the existence of a default under this code penalty for providing false information in application made by corporate debtor part iii insolvency resolution and bankruptcy for individuals and partnership firms chapter i preliminaryapplication78 (1) this part shall apply to the whole of india except the state of jammu and kashmir(2) the provisions of this part shall not apply where the amount of the default is less than one thousand rupees or such other amount as the central government may, by notification, specify, not exceeding one lakh rupees(3) the adjudicating authority for the purposes of this part shall be the debt recovery tribunal constituted under sub-section (1) of section 3 of the recovery of debts due to banks and financial institutions act, 1993definitions79 in this part, unless the context otherwise requires, — (1) "associate" of the debtor means –(a) a person who belongs to the immediate family of the debtor; (b) a person who is a relative of the debtor or a relative of the spouse of the debtor;(c) a person who is in partnership with the debtor;(d) a person who is a spouse or a relative of any person with whom the debtor is in partnership;(e) a person who is employer of the debtor or employee of the debtor; (f)a person who is a trustee of a trust in which the beneficiaries of the trust include a debtor, or the terms of the trust confer a power on the trustee which may be exercised for the benefit of the debtor; and(g)a company, where the debtor or the debtor along with his associates, own more than fifty per cent of the share capital of the company or control the appointment of the board of directors of the companyexplanation—for the purposes of this sub-section, "relative" ,with reference to any person, means anyone who is related to another, if-(i) they are members of a hindu undivided family; (ii) one person is related to the other in such manner as may be prescribed (2) "bankrupt" means –(a) a debtor who has been adjudged as bankrupt by a bankruptcy order under section 126; or(b) each of the partners of a firm, where a bankruptcy order under section126 has been made against a firm(3) "bankruptcy" means the state of being bankrupt;(4)"bankruptcy debt", in relation to a bankrupt, means - (a) any debt owed by him as on the bankruptcy commencement date;(b) any debt for which he may become liable after bankruptcy commencement date but before his discharge by reason of any transaction entered into before the bankruptcy commencement date; and(c)any interest which is a part of the debt under section 171;(5) "bankruptcy commencement date" means the date on which a bankruptcy order is passed by the adjudicating authority under section 126;(6) "bankruptcy order" means an order passed by an adjudicating authority under section 126;(7) "bankruptcy process" means a process against a debtor under chapters ivand v of this part;(8) "bankruptcy trustee" means the insolvency professional appointed as a trustee for the estate of the bankrupt under section 125;(9) "chapter" means a chapter under this part; (10) "committee of creditors" means a committee constituted under section 134; (11 ) "debtor" includes a judgment-debtor; (12) "discharge order" means an order passed by the adjudicating authority discharging the debtor under sections 92, 119 and section 138, as the case may be;(13) "excluded assets" for the purposes of this part includes – (a) unencumbered tools, books, vehicles and other equipment as are necessary to the debtor or bankrupt for his personal use or for the purpose of his employment, business or vocation,(b) unencumbered furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the bankrupt and his immediate family;(c) any unencumbered personal ornaments of the debtor or his immediate family which cannot be parted with, in accordance with religious usage;(d) any unencumbered life insurance policy or pension plan taken in the name of debtor or his immediate family; and(e) an unencumbered single dwelling unit owned by the debtor of such value as may be prescribed; (14) "excluded debt" means –(a) liability to pay fine imposed by a court or tribunal; (b) liability to pay damages for negligence, nuisance or breach of a statutory, contractual or other legal obligation;(c) liability to pay maintenance to any person under any law for the time being in force; (d) liability in relation to a student loan; (e) liability as a surety in a contract of guarantee to a corporate debtor; and (f) any other debt as may be prescribed;9 of 1932(15) "firm" means a body of individuals carrying on business in partnership and registered under section 59 of the partnership act, 1932;(16) "immediate family" of the debtor means his spouse, dependent children and dependent parents;(17) "partnership debt" means a debt for which all the partners in a firm are jointly liable;(18) "qualifying debt" means amount due, which includes interest or any other sum due in respect of the amounts owed under any contract, by the debtor for a liquidated sum either immediately or at certain future time and does not include – (a) an excluded debt; (b) a debt to the extent it is secured; and (c) any debt which has been incurred three months prior to the date of the application for fresh start process; (19) "repayment plan" means a plan prepared by the debtor in consultation with the resolution professional under section 105 containing a proposal to the committee of creditors for a restructuring of his debts or affairs;(20) "resolution professional" means an insolvency professional appointed under this part as a resolution professional for conducting the fresh start process or insolvency resolution process; (21) "undischarged bankrupt" means a bankrupt who has not received a discharge order under section 138 chapter ii fresh start processeligibility for making an application80 (1) a debtor, who is unable to pay his debt and fulfils the conditions specified in sub-section (2), shall be entitled to make an application for a fresh start for discharge of his qualifying debt under this chapter(2) a debtor may apply, either personally or through a resolution professional, for a fresh start under this chapter in respect of his qualifying debts to the adjudicating authority if -(a) the gross annual income of the debtor does not exceed rupees 60,000/-; (b) the aggregate value of the assets of the debtor does not exceed rupees20,000/-;(c) the aggregate value of the qualifying debts does not exceed rupees 35,000/; (d) he is not an undischarged bankrupt; (e) he does not own a dwelling unit, irrespective of whether it is encumbered or not;(f) a fresh start process, insolvency resolution process or bankruptcy process is not subsisting against him; and(g) no previous fresh start order under this chapter has been made in relation to him in the preceding twelve months of the date of the application for fresh start81 (1) when an application is filed under section 80 by a debtor—application for fresh start order(a) an interim-moratorium shall commence on the date of filing of said application in relation to all the debts and shall cease to have effect on the date of admission or rejection of such application, as the case may be; and(b) during the interim-moratorium period -(i) any pending legal action or legal proceeding in respect of any of his debts shall be deemed to have been stayed; and(ii) no creditor shall initiate any legal action or proceedings in respect of such debt(2)the application under section 80 shall be in such form and manner and accompanied by such fee, as may be prescribed(3) the application under sub-section (2) shall contain the following information supported by an affidavit, namely:—(a) a list of all debts owed by the debtor as on the date of the said application along with details relating to the amount of each debt, interest payable thereon and the names of the creditors to whom each debt is owed;(b) the interest payable on the debts and the rate thereof stipulated in the contract;(c) a list of security held in respect of any of the debts,(d) the financial information of the debtor and his immediate family for up to two years prior to the date of the application;(e) the particulars of the debtor's personal details, as may be prescribed; (f) the reasons for making the application; (g) the particulars of any legal process which, to the debtor's knowledge has been commenced against him;(h) the confirmation that no previous fresh start order under this chapter has been made in respect of the qualifying debts of the debtor in the preceding twelve months of the date of the applicationappointment of resolution professional82 (1) where an application under section 80 is filed by the debtor through a resolution professional, the adjudicating authority shall direct the board within two days of the date of receipt of the application and shall seek confirmation from the board that—(a) there are no disciplinary proceedings against the resolution professional who has submitted the application; and(b) such resolution professional has relevant expertise or is suitable to act as a resolution professional for the fresh start process (2)the board shall communicate to the adjudicating authority in writing either—(a) confirmation of the appointment of the resolution professional who filed an application under sub-section (1); or(b) rejection of the appointment of the resolution professional who filed an application under sub-section (1) and nominate a resolution professional suitable for the fresh start process (3) where an application under section 80 is filed by the debtor himself and not through the resolution professional, the adjudicating authority shall direct the board within two days of the date of the receipt of an application to nominate a resolution professional for the fresh start process(4) the board shall nominate a resolution professional within ten days of receiving the direction issued by the adjudicating authority under sub-section (3)(5) the adjudicating authority shall by order appoint the resolution professional recommended or nominated by the board under sub-section (2) or sub-section (4), as the case may be(6) a resolution professional appointed by the adjudicating authority under subsection (5) shall be provided a copy of the application for fresh start(7) the resolution professional appointed by the adjudicating authority shall furnish a performance security in accordance with section 20683 (1) the resolution professional shall examine the application made under section80 within ten days of his appointment, and submit a report to the adjudicating authority, either recommending acceptance or rejection of the application(2) the report referred to in sub-section (1) shall contain the details of the amounts mentioned in the application which in the opinion of the resolution professional are–(a) qualifying debts; and(b) liabilities eligible for discharge under sub-section (3) of section 92(3) the resolution professional may call for such further information or explanation in connection with the application as may be required from the debtor or any other person who, in the opinion of the resolution professional, may provide such information(4) the debtor or any other person, as the case may be, shall furnish such information or explanation within five days of receipt of the request under sub-section (3)(5)the resolution professional shall presume that the debtor is unable to pay his debts at the date of the application if -(a) in his opinion the information supplied in the application indicates that the debtor is unable to pay his debts and he has no reason to believe that the information supplied is incorrect or incomplete; and(b) he has reason to believe that there is no change in the financial circumstances of the debtor since the date of the application enabling the debtor to pay his debts (6) the resolution professional shall reject the application, if in his opinion -(a) the debtor does not satisfy the conditions specified under section 80; or (b) the debts disclosed in the application by the debtor are not qualifying debts;or(c) the debtor has deliberately made a false representation or omission in the application or with respect to the documents or information submitted (7) the resolution professional shall record the reasons for recommending the acceptance or rejection of the application in the report to the adjudicating authority under sub-section (1) and shall give a copy of the report to the debtor84 (1) the adjudicating authority may within fourteen days from the date of submission of the report by the resolution professional, pass an order either admitting or rejecting the application made under sub-section (1) of section 81admission or rejection of application by adjudicating authority(2) the order passed under sub-section (1) accepting the application shall state the amount which has been accepted as qualifying debts by the resolution professional and other amounts eligible for discharge under section 92 for the purposes of the fresh start order(3) a copy of the order passed by the adjudicating authority under sub-section (1)along with a copy of the application shall be provided to the creditors mentioned in the application within two days of the passing of the order85 (1) on the date of admission of the application, the moratorium period shall commence in respect of all the debtseffect of admission of application(2) during the moratorium period -(a) any pending legal action or legal proceeding in respect of any debt shall be deemed to have been stayed; and(b) subject to the provisions of section 86, the creditors shall not initiate any legal action or proceedings in respect of any debt (3) during the moratorium period, the debtor shall –(a) not act as a director of any company, or directly or indirectly take part in or be concerned in the promotion, formation or management of a company;(b) not dispose of or alienate any of his assets; (c) inform his business partners that he is undergoing a fresh start process;(d) be required to inform prior to entering into any financial or commercial transaction of such value as may be notified by the central government, either individually or jointly, that he is undergoing a fresh start process;(e) disclose the name under which he enters into business transactions, if it is different from the name in the application admitted under section 84;(f) travel overseas only with the permission of the adjudicating authority(3) the moratorium ceases to have effect at the end of the period of six months beginning with the date of admission unless the order admitting the application is revoked under section 91 under sub-section (2)86 (1) any creditor mentioned in the order of the adjudicating authority under section 84 to whom a qualifying debt is owed may, within a period of ten days from the date of receipt of the order under section 84, object only on the following grounds,namely:-(a) inclusion of a debt as a qualifying debt; or objections by creditor and their examination by resolution professional(b) incorrectness of the details of the qualifying debt specified in the order under section 84 (2) a creditor may file an objection under sub-section (1) by way of an application to the resolution professional(3) the application under sub-section (2) shall be supported by such information and documents as may be prescribed(4) the resolution professional shall consider every objection made under this section (5) the resolution professional shall examine the objections under sub-section (2) and either accept or reject the objections, within ten days of the date of the application(6) the resolution professional may suo motu examine on any matter that appears to him to be relevant to the making of a final list of qualifying debts for the purposes of section 92(7) on the basis of the investigations under sub-section (5) or sub-section (6), the resolution professional shall -(a) prepare an amended list of qualifying debts for the purpose of the discharge order;(b) make an application to the adjudicating authority for directions under section90; or(c) take any other steps in relation to the debtor87 (1) the debtor or the creditor who is aggrieved by the action taken by the resolution professional under section 86, may within ten days of such decision, make an application to the adjudicating authority challenging such action on any of the following grounds, namely—application against decision of resolution professional(a) that the resolution professional has not given an opportunity to the debtor or the creditor to make a representation; or(b) that the resolution professional colluded with the other party in arriving at the decision; or(c) that the resolution professional has not complied with the requirements of section 86 (2) the adjudicating authority shall decide the application referred to in sub-section(1) within fourteen days of such application, and make an order as it deems fit(3) where the application under sub-section (1) has been allowed by the adjudicating authority, it shall forward its order to the board and the board may take action against the resolution professional under section 21988 (1) the debtor shall—general duties of debtor(a) make available to the resolution professional all information relating to his affairs, attend meetings and comply with the requests of the resolution professional in relation to the fresh start process(b) inform the resolution professional as soon as reasonably possible of—(i) any material error or omission in relation to the information or document supplied to the resolution professional; or(ii) any change in financial circumstances after the date of application, where such change has an impact on the fresh start processreplacement of resolutionprofessional89 (1) the debtor or the creditor may apply to the adjudicating authority for the replacement of the resolution professional on any of the following grounds, namely: - professional(a) has acted adverse to the interests of the debtor or the creditor, as the case may be; (b) has not given the debtor or the creditor an opportunity to make a representation, wherever required, under this chapter;(c) has not collected the adequate information required for the consideration of the application under this chapter;(d) has conducted the fresh start process in negligent or fraudulent manner; (e) has colluded with the other party; or (f) is not performing his functions as expeditiously or as efficiently as is reasonably practicable or has failed to exercise a reasonable standard of care expected of such professionals in the performance of his powers and functions(2) the adjudicating authority shall examine the application under sub-section (1)within fourteen days of the receipt of the application under sub-section (1)(3) where the adjudicating authority is satisfied that there exists grounds under subsection (1) for replacement of resolution professional, it shall make a reference to the board for replacement of the resolution professional(4) the adjudicating authority shall appoint another resolution professional for the purposes of the fresh start process on the basis of the recommendation by the board(5) the adjudicating authority may give directions to the resolution professional replaced under sub-section (4) —(a) to share all information with the new resolution professional in respect of the fresh start process; and(b) to co-operate with the new resolution professional in such matters as may be required (6) the board shall take action under chapter vi of part iv against the resolution professional against whom the application is made under sub-section (1)90 (1) the resolution professional may apply to the adjudicating authority for any of the following directions, namely:—directions for compliances of restrictions etc(a) compliance of any restrictions referred to in sub-section (3) of section 85, incase of non-compliance by the debtor; or(b) compliance of the duties of the debtor referred to in section 88, in case onnon-compliance by the debtor(2) the resolution professional may apply to the adjudicating authority for directions in relation to any other matter under this chapter for which no specific provisions have been made91 (1) the resolution professional may submit an application to the adjudicating authority seeking revocation of its order made under section 84 on the following grounds, namely :-revocation of order admitting application(a) if due to any change in the financial circumstances of the debtor, the debtor is ineligible for a fresh start process; or(b) non-compliance by the debtor of the restrictions imposed under sub-section(3) of section 85; or(c) if the debtor has acted in a mala fide manner and has wilfully failed to comply with the provisions of this chapter (2) the adjudicating authority shall, within fourteen days of the receipt of the application under sub-section (1), may by order admit or reject the application(3) on passing of the order admitting the application referred to in sub-section (1), the moratorium and the fresh start process shall cease to have effect(4) a copy of the order passed by the adjudicating authority under this section shall be provided to—(a) the board for the purpose of recording an entry in the register referred to in section196; and(b) the insolvency professional agency, for the purpose of releasing the performance security furnished by the resolution professional under section 206discharge order92 (1) the resolution professional shall prepare a final list of qualifying debts and submit such list to the adjudicating authority at least five days before the moratorium period comes to an end(2) the adjudicating authority shall pass a discharge order at the end of the moratorium period for discharge of the debtor from the qualifying debts mentioned in the list under subsection (1)(3) without prejudice to the provisions of sub-section (2), the adjudicating authority shall discharge the debtor from the following liabilities, namely:—(a) penalties in respect of the qualifying debts from the date of application till the date of the discharge order;(b) interest including penal interest in respect of the qualifying debts from the date of application till the date of the discharge order; and(c) any other sums owed under any contract in respect of the qualifying debts from the date of application till the date of the discharge order (4) the discharge order shall not discharge the debtor from any debt not included in sub-section (2) and from any liability not included under sub-section (3)(5) the discharge order shall be forwarded to—(a) the board for the purpose of recording an entry in the register referred to in section 196; and(b) the insolvency professional agency, for the purpose of releasing the performance security furnished by the resolution professional under section 208(6) a discharge order under sub-section (2) shall not discharge any other person from any liability in respect of the qualifying debtsstandard of conduct93 the resolution professional shall perform his functions and duties in compliance with the code of conduct provided under section 208 chapter iii insolvency resolution process94 (1) a debtor who commits a default may apply, either personally or through a resolution professional, to the adjudicating authority for initiating the insolvency resolution process, by submitting an applicationapplication by debtor to initiate insolvency resolution process(2) where the debtor is a partner of a firm, such debtor shall not apply under this chapter to the adjudicating authority in respect of the firm unless all or a majority of the partners of the firm file the application jointly(3) an application under sub-section (1) shall be submitted only in respect of debts which are not excluded debts(4) a debtor shall not be entitled to make an application under sub-section (1) if he is—(a) an undischarged bankrupt; (b) undergoing a fresh start process; (c) undergoing an insolvency resolution process ; or (d) undergoing a bankruptcy process(5) a debtor shall not be eligible to apply under sub-section (1) if an application under this chapter has been admitted in respect of the debtor during the period of twelve months preceding the date of submission of the application under this section(6) the application referred to in sub-section (1) shall be in such form and manner and accompanied with such fee as may be prescribed95 (1) a creditor may apply either by himself, or jointly with other creditors, or through a resolution professional to the adjudicating authority for initiating an insolvency resolution process under this section by submitting an applicationapplication by creditor to initiate insolvency resolution process(2) a creditor may apply under sub-section (1) in relation to any partnership debt owed to him for initiating an insolvency resolution process against-(a) any one or more partners of the firm; or (b) the firm(3) where an application has been made against one partner in a firm, any other application against another partner in the same firm shall be presented in or transferred to the adjudicating authority in which the first mentioned application is pending for adjudication and such adjudicating authority may give such directions for consolidating the proceedings under the applications as it thinks just(4) an application under sub-section (1) may be admitted by the adjudicating authority only if accompanied with details relating to-(a) the personal information regarding the debtor that the creditor has in his possession;(b) the debts owed by the debtor to the creditor or creditors submitting the application for insolvency resolution process as on the date of application;(c) the failure by the debtor to pay the debt within a period of fourteen days of the service of the notice of demand; and(d) relevant evidence of such default or non-repayment of debt(5) the creditor shall also provide a copy of the application made under sub-section(1) to the debtor(6) the application referred to in sub-section (1) shall be in such form and manner and accompanied by such fee as may be prescribed(7) the details and documents required to be submitted under sub-section (2) shall be such as may be specified96 (1) when an application is filed under section 94 or section 95—interimmoratorium(a) an interim-moratorium shall commence on the date of the application in relation to all the debts and shall cease to have effect on the date of admission of such application; and(b) during the interim-moratorium period—(i) any pending legal action or proceeding in respect of any debt shall be deemed to have been stayed; and(ii) the creditors of the debtor shall not initiate any legal action or proceedings in respect of any debt(2) where the application has been made in relation to a firm, the interim-moratorium under sub-section (1) shall operate against all the partners of the firm as on the date of the application(3) the provisions of sub-section (1) shall not apply to such transactions as may be notified by the central government in consultation with any financial sector regulatorappointment of resolution professional97 (1) if the application under section 94 or 95 is filed through a resolution professional, the adjudicating authority shall direct the board within two days of the date of the application to confirm that—(a) there are no disciplinary proceedings pending against resolution professional;and(b) the resolution professional has relevant expertise or is suitable to act as a resolution professional for the insolvency resolution process(2) the board shall within two days of receipt of directions under sub-section (1)communicate to the adjudicating authority in writing either –(a) confirming the appointment of the resolution professional; or (b) rejecting the appointment of the resolution professional and nominating another resolution professional for the insolvency resolution process (3) where an application under section 94 or 95 is filed by the debtor or the creditor himself, as the case may be, and not through the resolution professional, the adjudicating authority shall direct the board, within two days of the filing of such application, to nominate a resolution professional for the insolvency resolution process(4) the board shall nominate a resolution professional within ten days of receiving the direction issued by the adjudicating authority under sub-section (3)(5) the adjudicating authority shall by order appoint the resolution professional recommended under sub-section (2) or as nominated by the board under sub-section (4)(6) a resolution professional appointed by the adjudicating authority under sub-section (5) shall be provided a copy of the application for insolvency resolution process(7) the resolution professional appointed by the adjudicating authority shall furnish a performance security in accordance with section 20898 (1) the debtor or the creditor may apply to the adjudicating authority for the replacement of the resolution professional on any of the following grounds, namely:—replacement of resolution professional(a) has acted adverse to the interests of the debtor or the creditor; (b) has conducted the insolvency resolution process in a negligent or fraudulent manner— (c) has failed to(i) submit a report under section 99 or section 106;(ii) assist the debtor in preparing a repayment plan under section 105;(iii) serve notice of the meetings of the creditors to eligible creditors under section 107;(iv) to supervise the implementation of the repayment plan as provided in section 116; (d) is not performing his functions as expeditiously or as efficiently as is reasonably practicable or has failed to exercise a reasonable standard of care expected of such professionals in the performance of his powers and functions (2) the adjudicating authority shall, within fourteen days of the receipt of the application under sub-section (1) examine the application(3) where the adjudicating authority is satisfied on examination of the application under sub-section (2), that there exist grounds for replacement of the resolution professional, it shall make a reference to the board for replacement of the resolution professional(4) without prejudice to the provisions contained in sub-section (1) , the creditors may apply to the adjudicating authority for replacement of the resolution professional where it has been decided in the meeting of the creditors, under sub-section (6) of section108, to replace the resolution professional with a new resolution professional for implementation of the repayment plan(5) where the adjudicating authority admits an application made under sub-section(1) or sub-section (4), it shall direct the board to confirm that-(a) there are no disciplinary proceedings pending against the proposed resolution professional; and(b) the proposed resolution professional has the required expertise for conduct of the insolvency resolution process (6)the board shall send a communication within ten days of receipt of the direction under sub-section (5) either-(a) confirming appointment of the nominated resolution professional; or (b) rejecting appointment of the nominated resolution professional and recommend a new resolution professional (7) on the basis of the communication of the board under sub-section (3) or sub-section (6), the adjudicating authority shall pass an order appointing a new resolution professional(8) the adjudicating authority may give directions to the resolution professional replaced under sub-section (7)—(a) to share all information with the new resolution professional in respect of the insolvency resolution process; and(b) to co-operate with the new resolution professional in such matters as may be required(9) the board shall take an action under chapter vi of part iv against the resolution professional against whom the application referred to in sub-section (1) or sub-section (4)has been filed and who has been replaced with a another resolution professional99 (1) the resolution professional shall examine the application referred to in section94 or section 95, as the case may be, within ten days of his appointment, and submit a report to the adjudicating authority recommending for approval or rejection of the applicationsubmission of report by resolution professional(2) where the application has been filed under section 95, the resolution professional may require the debtor to prove repayment of the debt claimed as unpaid by the creditor by furnishing -(a)evidence of electronic transfer of the unpaid amount from the bank account of the debtor;(b) evidence of encashment of a cheque issued by the debtor; or (c) a signed acknowledgment by the creditor accepting receipt of dues (3) where the debt or the debts for which an application has been filed by a creditor is registered with the information utility, the debtor shall not be entitled to contest the validity of the debt(4) for the purposes of examining an application, the resolution professional may call for such further information or explanation in connection with the application as may be required from the debtor or the creditor or any other person who, in the opinion of the resolution professional, may provide such information(5) the person from whom information or explanation is sought under sub-section (4)shall furnish such information or explanation within three days of receipt of the request(6) the resolution professional shall examine the application and ascertain that— (a)the application satisfies the requirements set out in section 94 or 95; (b) the applicant has provided information and given explanation sought by the resolution professional under sub-section (4)(7) after examination of the application under sub-section (6), he may recommend acceptance or rejection of the application in his report(8) where the resolution professional finds that the debtor is eligible for a fresh start under chapter ii, the resolution professional shall issue a report recommending that the application by the debtor under section 94 be treated as an application under section 81 by the adjudicating authority(9) the resolution professional shall record the reasons for recommending the acceptance or rejection of the application in the report under sub-section (7)(10) the resolution professional shall give a copy of the report under sub-section (7)to the debtor or the creditor, as the case may beadmission or rejection of application100 (1) the adjudicating authority shall, within fourteen days from the date ofsubmission of the report under section 99 pass an order either admitting or rejecting the application referred to in section 94 or 95, as the case may be(2) where the adjudicating authority admits an application under sub-section (1), it may, on the request of the resolution professional, issue instructions for the purpose of conducting negotiations between the debtor and creditors and for arriving at a repayment plan(3) the adjudicating authority shall provide a copy of the order passed under sub-section (1) along with the report of the resolution professional and the application referred to in section 94 or 95, as the case may be, to the creditors within two days from the date of the said order(4) if the application referred to in section 94 or 95, as the case may be , is rejected by the adjudicating authority on the basis of report submitted by the resolution professional or that the application was made with the intention to defraud his creditors or the resolution professional, the order under sub-section (1) shall record that the creditor is entitled to file for a bankruptcy order under chapter ivmoratorium101 (1)when the application is admitted under section 100, a moratorium shall commence in relation to all the debts and shall cease to have effect at the end of the period of one hundred and eighty days beginning with the date of admission of the application or on the date the adjudicating authority passes an order on the repayment plan under section 114, whichever is earlier(2) during the moratorium period-(a) any pending legal action or proceeding in respect of any debt shall be deemed to have been stayed; and(b) the creditors shall not initiate any legal action or legal proceedings in respect of any debt (3) where an order admitting the application under section 96 has been made in relation to a firm, the moratorium under sub-section (1) shall operate against all the partners of the firm(4) the provisions of this section shall not apply to such transactions as may be notified by the central government in consultation with any financial sector regulator102 (1) the adjudicating authority shall issue a public notice inviting claims from all creditors within ten days of passing the order under section 96public notice and claims from creditors(2) the notice under sub-section (1) shall include– (a) details of the order admitting the application; (b) particulars of the resolution professional with whom the claims are to be registered; and(c) the last date for filing of claims(3) the notice shall be— (a) published in at least one english and one vernacular newspaper which is in circulation in the state where the debtor resides;(b) affixed in the premises of the adjudicating authority; and (c) placed on the website of the adjudicating authorityregistering of claims by creditors103 (1) the creditors shall register claims with the resolution professional by sending details of the claims by way of electronic communications or through courier, speed post or registered letter(2) in addition to the claims referred to in sub-section (1), the creditor shall provide to the resolution professional, personal information and such particulars as may be prescribed104 (1) the resolution professional shall prepare a list of creditors on the basis of—preparation of list of creditors(a) the information disclosed in the application filed by the debtor under section94 or 95, as the case may be;(b) claims received by the resolution professional under section 102(2) the resolution professional shall prepare the list mentioned in sub-section (1)within thirty days from the date of the noticerepayment plan105 (1) the debtor shall prepare, in consultation with the resolution professional, a repayment plan containing a proposal to the creditors for restructuring of his debts or affairs(2) the resolution professional shall submit the repayment plan to the adjudicating authority within a period of twenty one days from the last date of filing of claims under section 102(3) the repayment plan may authorise or require the resolution professional to -(a) carry on the debtor's business or trade on his behalf or in his name; or (b) realise the assets of the debtor; or (c) administer or dispose of any funds of the debtor( 4) the repayment plan shall include the following:-(a) justification for preparation of such repayment plan and reasons on the basis of which the creditors may agree upon the plan;(b) provision for payment of fee to the resolution professional; (c) such other matters as may be specified106 (1) the repayment plan prepared under section 105 shall be submitted to the adjudicating authority along with a report of the resolution professional on the repayment plan under sub-section (2)report ofresolution professional on repayment plan(2) the report referred in sub-section (1) shall include that—(a) the repayment plan is in compliance with the provisions of any law for the time being in force;(b) the repayment plan has a reasonable prospect of being approved and implemented; and(c) there is a necessity of summoning a meeting of the creditors, if required, to consider the repayment plan: provided that where the resolution professional recommends that a meeting of the creditors is not required to be summoned, reasons for the same shall be provided(3) the report referred to in sub-section (2) shall also specify the date on which, and the time and place at which, the meeting should be held if he is of the opinion that a meeting of the creditors should be summoned(4) for the purposes of sub-section (3)—( a) the date on which the meeting is to be held shall be not less than fourteen days and not more than twenty eight days from the date of submission of report under sub-section(1); (b) the resolution professional shall consider the convenience of creditors in fixing the date and venue of the meeting of the creditors107 (1) the resolution professional shall issue a notice calling the meeting of the creditors at least fourteen days before the date fixed for such meetingsummoning of meeting of creditors(2) the resolution professional shall send the notice of the meeting to the list of creditors prepared under section 104(3) the notice sent under sub-section (1) shall state the address of the adjudicating authority to which the repayment plan and report of the resolution professional on the repayment plan has been submitted and shall be accompanied by—(a) a copy of the repayment plan;(b) a copy of the statement of affairs of the debtor; (c) a copy of the said report of the resolution professional; and(d) forms for proxy voting(4) the proxy voting, including electronic proxy voting shall take place in such manner and form as may be specified108 (1) the meeting of the creditors shall be conducted in accordance with the provisions of this section and sections 109,110 and 111conduct of meeting of creditors(2) if for any reason the resolution professional is unable to attend the meeting of the creditors, he may nominate another person to act on his behalf(3) a person nominated under sub-section (3) shall be a person qualified to act as a resolution professional under this code(4) in the meeting of the creditors, the creditors may decide to approve, modify or reject the repayment plan(5) the resolution professional shall ensure that if modifications are suggested by the creditors, consent of the debtor shall be obtained for each modification(6) the creditors may decide whether the proposed resolution professional should continue for the implementation of the repayment plan, or to replace him or appoint additional resolution professionals(7) the resolution professional may for a sufficient cause adjourn the meeting of the creditors for a period of not more than five days at a time109 (1) every creditor is entitled to vote at every meeting of the creditors in respect of the repayment planvoting rights in meeting of creditors(2) for the purposes of this section, the right to vote of a creditor shall depend on the value of the debt as on the date of the order admitting the application under section 100(3) a creditor shall not be entitled to vote in respect of a debt for an unliquidated amount, or any debt the value of which is not ascertained, except where the resolution professional agrees to assign an estimated value to the debt for the purpose of entitlement to vote(4) a creditor shall not be entitled to vote in a meeting of the creditors if he ––(a) is not a creditor mentioned in the list of creditors under section 104; or (b) is an associate of the debtor110 (1) secured creditors shall be entitled to participate and vote in the meetings of the creditorsrights of secured creditors in relation to repaytment plan(2) a secured creditor participating in the meetings of the creditors and voting in relation to the repayment plan shall forfeit his right to enforce the security during the period of the repayment plan in accordance with the terms of the repayment plan(3) where a secured creditor does not forfeit his right to enforce security, he shall submit an affidavit to the resolution professional at the meeting of the creditors stating—(a) that the right to vote exercised by the secured creditor is only in respect of the unsecured part of the debt; and(b) the estimated value of the unsecured part of the debt(4) in case a secured creditor participates in the voting on the repayment plan by submitting an affidavit under sub-section (3), the secured and unsecured parts of the debt shall be treated as separate debts(5) the concurrence of the secured creditor shall be obtained if he does not participate in the voting on repayment plan but provision of the repayment plan affects his right to enforce securityexplanation—for the purposes of this section, "period of the repayment plan" means the period from the date of the order passed under section 114 till the date on which the notice is given by the resolution professional under section 117 or report submitted by the resolution professional under section 118, as the case may be rights of secured creditors in relation to repayment plan111 the repayment plan or any modification to the repayment plan shall be approved by a majority of more than three-fourth in value of the creditors present in person or by proxy and voting on the resolution in a meeting of the creditors112 (1) the resolution professional shall prepare a report of the meeting of the creditorsreport of meeting ofcreditors(2) the report under sub-section (1) shall contain— (a) whether the repayment plan was approved or rejected and if approved, the list the modifications, if any;(b) the resolutions which were proposed at the meeting and the decision on such resolutions;(c) list of the creditors who were present or represented at the meeting, and the voting records of each creditor for all meetings of the creditors; and(d) such other information as the resolution professional thinks appropriate to make known to the adjudicating authority113 (1) the resolution professional shall provide a copy of the report of the meeting of creditors prepared under section 99 to—(a) the debtor;notice ofdecisions taken at meeting of creditors(b) the creditors, including those who were not present at the meeting; and (c) the adjudicating authority114 (1) the adjudicating authority shall pass an order on the basis of the report of the meeting of the creditors submitted by the resolution professional under section 112:order of adjudicating authority on repayment plan provided that where a meeting of creditors is not summoned, the adjudicating authority shall pass an order on the basis of the report prepared by the resolution professional under section 106(2) the order of the adjudicating authority approving the repayment plan may also provide for directions for implementing the repayment plan(3) the adjudicating authority shall not modify the repayment plan as approved in the meeting of the creditors while passing an order under this sub-section (1) :provided that where the adjudicating authority is of the opinion that the repayment plan requires modification, it may direct the resolution professional to re-convene a meeting of the creditors for reconsidering the repayment plan115 (1) where the adjudicating authority has passed an order under section 114, the repayment plan shall—(a) take effect as if proposed by the debtor in the meeting; andeffect of order of adjudicating authority on repayment plan(b) be binding on creditors mentioned in the repayment plan and the debtor(2) where the order passed by the adjudicating authority records the rejection of the repayment plan by the meeting of the creditors, the order shall record that both the debtor and the creditors shall be entitled to file an application for bankruptcy under chapter iv(3) a copy of the order passed by the adjudicating authority under sub-section (2)shall be provided to -(a) the board, for the purpose of recording an entry in the register referred to in section196; and(b) the insolvency professional agency, for the purpose of releasing the performance security furnished by the resolution professional under section 208116 (1) the resolution professional appointed under section 97 or under section 98shall supervise the implementation of the repayment planimplementation and supervision of repayment plan(2) the resolution professional may apply to the adjudicating authority for directions, if necessary, in relation to any particular matter arising under the repayment plan(3) the adjudicating authority may issue directions to the resolution professional on the basis of an application under sub-section (2)(4) at the meeting of the creditors under section 108, if the creditors decide to replace the resolution professional with another resolution professional or appoint a resolution professional in addition to the existing resolution professional, the adjudicating authority shall pass an order to give effect to such decision(5) the adjudicating authority shall before passing an order under sub-section (4), satisfy itself that there are no disciplinary proceedings pending against the resolution professional appointed under sub-section (4)(6) the adjudicating authority shall pass an order under sub-section (4) within three days of the order passed under section 114completion of repayment plan117 (1) the resolution professional shall within fourteen days of the completion of the repayment plan, forward to the persons who are bound by the repayment plan under section 115 and the adjudicating authority, the following documents, namely—(a) a notice that the repayment plan has been fully implemented; and (b) a copy of a report by the resolution professional summarising all receipts and payments made in pursuance of the repayment plan and extent of the implementation of such plan as compared with the repayment plan approved by the meeting of the creditors(2) the resolution professional may apply to the adjudicating authority to extend the time mentioned in sub-section (1) for such further period not exceeding seven days118 (1) a repayment plan shall be deemed to have come to an end prematurely if it has not been fully implemented in respect of all persons bound by it within the period as mentioned in the repayment planrepayment plan coming to end prematurely(2) where a repayment plan comes to an end prematurely under this section, the resolution professional shall submit a report to the adjudicating authority which shall state—(a) the receipts and payments made in pursuance of the repayment plan; (b) the reasons for premature end of the repayment plan; and (c) the details of the creditors whose claims have not been fully satisfied(3) the adjudicating authority shall pass an order on the basis of the report submitted by the resolution professional stating that—(a) the repayment plan has not been completely implemented; and (b) the debtor or the creditor, whose claims have not been fully satisfied, shall be entitled to apply for a bankruptcy order under chapter iv (4) the adjudicating authority shall forward to the persons bound by the repayment plan under section 115, a copy of the -(a) report submitted by the resolution professional to the adjudicating authority under sub-section (2); and(b) order passed by the adjudicating authority under sub-section (3)(5) the adjudicating authority shall forward a copy of the order passed under subsection (3) to—(a) the board, for the purpose of recording entries in the register referred to in section 196; and(b) the insolvency professional agency for the purpose of deciding whether the performance security furnished by the resolution professional under section 208 shall be releaseddischarge order119 (1) on the basis of the repayment plan, the resolution professional shall apply to the adjudicating authority for a discharge order in relation to the debts mentioned in the repayment plan and the adjudicating authority may pass such discharge order(2) the repayment plan may provide for—(a) early discharge; or (b) discharge on complete implementation of the repayment plan(3) the discharge order shall be forwarded to –(a) the board, for the purpose of recording entries in the register referred to in section 196; and(b) the insolvency professional agency for the purpose of deciding whether the performance security furnished by the resolution professional under section 208 shall be released (4) the discharge order under sub-section (3) shall not discharge any other person from any liability in respect of the debts of the debtorstandard of conduct120 the resolution professional shall perform his functions and duties in compliance with the code of conduct provided under section 208 chapter iv bankruptcy order for individuals and partnership firmsapplication for bankruptcy121 (1) an application for bankruptcy of a debtor may be made, by a creditor individually or jointly with other creditors or by a debtor, to the adjudicating authority in the following circumstances, namely;—(a) where an order has been passed by an adjudicating authority under subsection 4 of section 100; or(b) where an order has been passed by an adjudicating authority under subsection 2 of section 115; or(c) where an order has been passed by an adjudicating authority under subsection 3 of section 118 (2) an application for bankruptcy shall be filed within a period of six months of the date of the order passed by the adjudicating authority under the sections referred to in subsection (1)(3) where the debtor is a firm, the application under sub-section (1) may be filed by any of its partners122 (1) the application for bankruptcy by the debtor shall be accompanied by—application by debtor(a) the records of insolvency resolution process undertaken under chapter iii of part iii;(b) the statement of affairs of the debtor in such form and manner as may be prescribed, on the date of the application for bankruptcy; and(c) a copy of the order passed by the adjudicating authority under chapter iii of part iii permitting the debtor to apply for bankruptcy(2) the debtor may propose an insolvency professional as the bankruptcy trustee in the application for bankruptcy(3)the application referred to in sub-section (1) shall be in such form and manner and accompanied by such fee as may be prescribed(4) an application for bankruptcy by the debtor shall not be withdrawn without the leave of the adjudicating authority123 (1) the application for bankruptcy by the creditor shall be accompanied by—application by creditor(a) the records of insolvency resolution process undertaken under chapter iii; (b) a copy of the order passed by the adjudicating authority under chapter iiipermitting the creditor to apply for bankruptcy;(c) details of the debts owed by the debtor to the creditor as on the date of the application for bankruptcy; and(d) such other information as may be prescribed(2) an application under sub-section (1) made in respect of a debt which is secured, shall be accompanied with—(a) a statement by the creditor having the right to enforce the security that he shall, in the event of a bankruptcy order being made, give up his security for the benefit of all the creditors of the bankrupt; or(b) a statement by the creditor stating–(i) that the application for bankruptcy is only in respect of the unsecured part of the debt; and(ii) an estimated value of the unsecured part of the debt(3) if a secured creditor makes an application for bankruptcy and submits a statement under clause (b) of sub-section (2), the secured and unsecured parts of the debt shall be treated as separate debts(4) the creditor may propose an insolvency professional as the bankruptcy trustee in the application for bankruptcy(5) an application for bankruptcy under sub-section (1), in case of a deceased debtor, may be filed against his legal representatives(6) the application for bankruptcy shall be in such form and manner and accompanied by such fee as may be prescribed(7) an application for bankruptcy by the creditor shall not be withdrawn without the permission of the adjudicating authority124 (1) when an application is filed under sections 122 or 123—effect of application(a) an interim-moratorium shall commence on the date of the making of the application on all actions against the properties of the debtor in respect of his debts and such moratorium shall cease to have effect on the bankruptcy commencement date; and(b) during the interim-moratorium period—(i) any pending legal action or legal proceeding against any property of the debtor in respect of any of his debts shall be deemed to have been stayed;(ii) the creditors of the debtor shall not be entitled to initiate any legal action or legal proceedings against any property of the debtor in respect of any of his debts(2) where the application has been made in relation to a firm, the interim-moratorium under sub-section (1) shall operate against all the partners of the firm as on the date of the making of the application(3) the provisions of this section shall not apply to such transactions as may be notified by the central government in consultation with any financial sector regulator125 (1) if an insolvency professional is nominated as the bankruptcy trustee in the application for bankruptcy under section 122 or section 123, the adjudicating authority shall direct the board within two days of receiving the application for bankruptcy and seek confirmation that—appointment of insolvency professional as bankruptcy trustee(a) there are no disciplinary proceedings against the proposed bankruptcy trustee;and(b) the proposed bankruptcy trustee has relevant expertise or is suitable to act as a bankruptcy trustee for the bankruptcy process(2) the board shall within ten days of the receipt of the direction under sub-section (1)communicate in writing either—(a) confirmation of the appointment of the proposed insolvency professional as the bankruptcy trustee for the bankruptcy process; or(b) rejection of the appointment of the proposed insolvency professional as the bankruptcy trustee and nominating another bankruptcy trustee as a replacement suitable for the bankruptcy process (3) in case a bankruptcy trustee is not proposed by the debtor or creditor under section 122 or 123, the adjudicating authority shall direct the board within two days of receiving the application to nominate a bankruptcy trustee for the bankruptcy process(4) the board shall nominate a bankruptcy trustee within ten days of receiving the direction of the adjudicating authority under sub-section (3)(5) the bankruptcy trustee nominated under sub-section (4) shall be appointed as the bankruptcy trustee by the adjudicating authority in the bankruptcy order under section 126(6) the bankruptcy trustee shall furnish a performance security in accordance with section 208bankruptcy order126 (1) the adjudicating authority shall pass a bankruptcy order within fourteen days of receiving the nomination of the bankruptcy trustee under section 125(2) the adjudicating authority shall provide the following documents to bankrupt, creditors and the bankruptcy trustee within two days of the passing of the bankruptcy order, namely :—(a) a copy of the application for bankruptcy; and (b) a copy of the bankruptcy order127 the bankruptcy order passed by the adjudicating authority under section 126shall continue to have effect till the debtor is discharged under section 138validity of bankruptcy order128 (1) on the passing of the bankruptcy order under section 126, —effect of bankruptcy order(a) the estate of the bankrupt shall vest in the bankruptcy trustee as provided in section 154;(b) the estate of the bankrupt shall be divided among his creditors; (c) subject to provisions of sub-section (2), a creditor of the bankrupt indebted in respect of any debt claimed as a bankruptcy debt shall not–(i) maintain any action against the property of the bankrupt in respect of such debt; or(ii) commence any suit or other legal proceedings except with the leave of the adjudicating authority and on such terms as the adjudicating authority may impose(2) subject to the provisions of section 123, the bankruptcy order shall not affect the right of any secured creditor to realize or otherwise deal with his security interest in the same manner as he would have been entitled if the bankruptcy order had not been passed:provided that no secured creditor shall be entitled to any interest in respect of his debt after the bankruptcy commencement date if he does not take steps to realise his security within one month from the said date(3) where a bankruptcy order under section 126 has been passed against a firm, the order shall operate as if it were a bankruptcy order made against each of the individuals who, on the date of the order, is a partner in the firm(4) the provisions of sub-section (1) shall not apply to such transactions as may be notified by the central government in consultation with any financial sector regulatorstatement offinancial position129 (1) where a bankruptcy order is passed on the application for bankruptcy by a creditor under section 123, the bankrupt shall submit his statement of financial position to the bankruptcy trustee within five days from the bankruptcy commencement date(2) the statement of financial position shall be submitted in the such form and manner as may be prescribed(3) where the bankrupt is a firm, its partners on the date of the order shall submit a joint statement of financial position of the firm, and each partner of the firm shall submit a statement of his financial position(4) the bankruptcy trustee may require the bankrupt or any other person to submit in writing further information explaining or modifying any matter contained in the statement of financial position130 (1) the adjudicating authority shall—public notice inviting claims from creditors(a) send notices within ten days of the bankruptcy commencement date, to the creditors mentioned in -(i) the statement of affairs submitted by the bankrupt under section 129; or (ii) the application for bankruptcy submitted by the bankrupt under section 122(b) issue a public notice inviting claims from creditors (2) the public notice under clause (b) of sub-section (1) shall include the time within which the claims shall be filed and such matters and details as may be prescribed and shall be—(a) published in at least one english and one vernacular newspaper which is in circulation in the state where the bankrupt resides;(b) affixed on the premises of the adjudicating authority; and (c) placed on the website of the adjudicating authority(3) the notice to the creditors referred to under clause (a) of sub-section (1) shall include such matters and details as may be prescribedregistration of claims131 (1) the creditors shall register claims with the bankruptcy trustee within seven days of the publication of the public notice, by sending details of the claims to the bankruptcy trustee in such manner as may be prescribed(2) the creditor, in addition to the details of his claims, shall provide such other information and in such manner as may be prescribedregistration of claims132 the bankruptcy trustee shall, within fourteen days from the bankruptcy commencement date, prepare a list of creditors of the bankrupt on the basis of—preparation of list of creditors(a) the information disclosed by the bankrupt in the application for bankruptcy filed by the bankrupt under section 118 and the statement of affairs filed under section 125; and(b) claims received by the bankruptcy trustee under sub-section (2) of section 130summoning of meeting of creditors133 (1) the bankruptcy trustee shall, within sixteen days from the bankruptcy commencement date, issue a notice for calling a meeting of the creditors, to every creditor of the bankrupt as mentioned in the list prepared under section 132(2)the notices issued under sub-section (1) shall—(a) state the date of the meeting of the creditors, which shall not be later than twenty-one days from the bankruptcy commencement date;(b) be accompanied with forms of proxy voting ; (c) specify the form and manner in which the proxy voting may take place(3) the proxy voting, including electronic proxy voting shall take place in such manner and form as may be specified134 (1) the bankruptcy trustee shall be the convener of the meeting of the creditors summoned under section 133conduct ofmeeting of creditors(2) the bankruptcy trustee shall decide the quorum for the meeting of the creditors, and conduct the meeting only if the quorum is present(3) the following business shall be conducted in the meeting of the creditors in which regard a resolution may be passed, namely:—(a) the establishment of a committee of creditors; (b) any other business that the bankruptcy trustee thinks fit to be transacted(4) if the bankruptcy trustee is unable to attend the meeting of the creditors, he may nominate another person to attend the meeting in his place who shall be a person qualified to act as a bankruptcy trustee under this code(5) the bankruptcy trustee shall cause the minutes of the meeting of the creditors to be recorded, signed and retained as a part of the records of the bankruptcy process(6) the bankruptcy trustee shall not adjourn the meeting of the creditors for any purpose for more than three days at a time135 (1) every creditor mentioned in the list under section 132 or his proxy shall be entitled to vote in respect of the resolutions in the meeting of the creditors(2) for the purposes of this section, the right to vote of the creditor shall depend on the value of the debt as on the bankruptcy commencement date(3) a creditor shall not be entitled to vote in respect of a debt for an unliquidated amount, or any debt the value of which is not ascertainable, except where the bankruptcy trustee agrees to assign a value to such debt for the purposes of entitling the creditor to vote under sub-section (1)(4) the following creditors shall not be entitled to vote under this section, namely :–(a) creditors who are not mentioned in the list of creditors under section 132 and those who have not been given a notice by the bankruptcy trustee;(b) creditors who are associates of the bankruptvoting rights of creditors136 the bankruptcy trustee shall conduct the administration and distribution of theestate of the bankrupt in accordance with the provisions of chapter vadministrationand distribution of estate of bankruptcompletion ofadministration137 (1) the bankruptcy trustee shall convene a meeting of the committee of creditorson completion of the administration and distribution of the estate of the bankrupt in accordance with the provisions of chapter v(2) the bankruptcy trustee shall provide the committee of creditors with a report of the administration of the estate of the bankrupt in the meeting of the said committee(3) the committee of creditors shall approve the report submitted by the bankruptcy trustee under sub-section (2) within seven days of the receipt of the report and determine whether the bankruptcy trustee should be released under section 148 (4) the bankruptcy trustee shall retain sufficient sums from the estate of the bankrupt to meet the expenses of convening and conducting the meeting required under this section during the administration of the estatedischarge order138 (1) the bankruptcy trustee shall apply to the adjudicating authority for a discharge order—(a) on the expiry of one year from the bankruptcy commencement date; or5(b) within two days of the approval of the committee of creditors of the completion of administration under section 137, where the approval is prior to the period mentioned in clause (a) (2) the adjudicating authority shall pass a discharge order on an application by the bankruptcy trustee under sub-section (1)(3) a copy of the discharge order shall be provided to –10(a) the board, for the purpose of recording an entry in the register referred to in section 196; and(b) the insolvency professional agency, for the purpose of releasing the performance security provided by the bankruptcy trustee under section 208139 (1) the discharge order under sub-section (2) of section 138,—effect of discharge15(a) on an application under clause (a) of sub-section (1) of section 138 shall release the bankrupt from all the bankruptcy debts;(b) on an application under clause (b) of sub-section (1) of section 138, shall release the bankrupt from the bankruptcy debts, but the discharge shall not affect—(i) the functions of the bankruptcy trustee; or (ii) the operation of the provisions of chapters iv and v of part iii:20provided that a discharge shall not—(a) affect the right of the secured creditor to enforce his security for the payment of a debt from which the bankrupt is discharged;(b) release the bankrupt from any debt incurred by means of fraud or breach of trust to which he was a party; or25 (c) discharge the bankrupt from any excluded debt(2) a discharge order shall not release any person who on the bankruptcy commencement date was—(a) partner of the bankrupt;30(b) co-trustee of the bankrupt; (c) surety of the bankrupt; or (d) jointly liable with the bankruptdisqualification of bankrupt140 (1) the bankrupt shall, from the bankruptcy commencement date, be subject to the disqualifications mentioned in this section, unless exempted by the adjudicating authority35(2) in addition to any disqualification under any other law for the time being in force, a bankrupt shall be disqualified from—(a) being appointed or acting as a trustee or representative in respect of any trust, estate or settlement;(b) being appointed or acting as a public servant;40(c) being elected to any public office where the appointment to such office is byelection; and(e) being elected or sitting or voting as a member of any local authority(3) any disqualification to which a bankrupt may be subject under this section shall cease to have effect, if—(a) the bankruptcy order against him is annulled under section 142; or (b) he is discharged under section 138545 of 1860explanation— for the purposes of this section, the expression "public servant" shall have the same meaning as assigned to it in section 21 of the indian penal code141 (1) a bankrupt, from the bankruptcy commencement date, shall,—restrictions on bankrupt10(a) not act as a director of any company, or directly or indirectly take part in or be concerned in the promotion, formation or management of a company;(b) without the previous sanction of the bankruptcy trustee, be prohibited from creating any charge on his estate or taking any further debt;(c) be required to inform his business partners that he is undergoing a bankruptcy process;15(d) prior to entering into any financial or commercial transaction of such value as may be prescribed, either individually or jointly, inform all the parties involved in such transaction that he is undergoing a bankruptcy process;(e) without the previous sanction of the adjudicating authority, be incompetent to maintain any legal action or proceedings in relation to the bankruptcy debts; and20(f) not be permitted to travel overseas without the permission of the adjudicating authority (2) any restriction to which a bankrupt may be subjected to under this section shall cease to have effect, if— (a) the bankruptcy order against him is annulled under section 142; or (b) he is discharged under section 13825142 (1) the adjudicating authority may annul a bankruptcy order, whether or not the bankrupt is discharged, if it appears to the adjudicating authority that—annulment of bankruptcy order(a) on any ground existing at the time the bankruptcy order was made, the bankruptcy order should not to have been made; or30(b) both the bankruptcy debts and the expenses of the bankruptcy have, after the making of the bankruptcy order, either been paid for or secured to the satisfaction of the adjudicating authority35(2) where the adjudicating authority annuls a bankruptcy order under this section, any sale or other disposition of property, payment made or other things duly done by the bankruptcy trustee shall be valid except that the property of the bankrupt shall vest in such person as the adjudicating authority may appoint or, in default of any such appointment, revert to the bankrupt on such terms as the adjudicating authority may direct(3) a copy of the order passed by the adjudicating authority under sub-section (1)shall be provided to—40(a) the board, for the purpose of recording an entry in the register referred to insection 191; and(b) the insolvency professional agency, for the purpose of releasing theperformance security furnished by the insolvency professional under section 208(4) an annulment by the adjudicating authority under sub-section (1) shall bind all the creditors so far as it relates to any debts due to them which form a part of the bankruptcycode of conduct143 the bankruptcy trustee shall perform his functions and discharged his duties in compliance with the code of conduct provided under section 2085144 (1) a bankruptcy trustee appointed for conducting the bankruptcy process shallcharge such fees as may be specified in proportion to the value of the estate of the bankruptfees of bankruptcy trustee(2) the fees for the conduct of the bankruptcy process shall be paid to the bankruptcy trustee from the distribution of the estate of the bankrupt in the manner provided in section 17810145 (1) subject to the provisions of this section, the bankruptcy trustee may bereplaced, on the application by the committee of the creditors if the bankruptcy trustee—replacement ofbankruptcytrustee(a) is acting or has acted unfairly so as to harm the interests of the creditor byconducting the bankruptcy process negligently or fraudulently as he—15(i) has failed to conduct the business as required under the bankruptcyprocess;(ii) has failed to give the creditor an opportunity to make a representation,wherever required, under this chapter;(iii) conducted investigation into the affairs of the bankrupt in violation ofthe provisions of this code;20(iv) realised the estate of the bankrupt in violation of the provisions of thiscode;(v) distributed the estate of the bankrupt in violation of the provisions ofthis code;(vi) colluded with the other party25(b) is not performing his functions as expeditiously or as efficiently as isreasonably practicable or has failed to exercise a reasonable standard of care expectedof such professionals in the performance of his powers and functions30(2) the adjudicating authority may, suo motu, make an order for the replacement of the bankruptcy trustee on the grounds mentioned in sub-section (1), in accordance with the procedure provided in this section(3) the adjudicating authority shall, within fourteen days from the date of receipt of the application under sub-section (1), examine the application(4) where the adjudicating authority is satisfied that it is necessary to replace the bankruptcy trustee, it shall direct the board for a replacement of the bankruptcy trustee35(5) the board shall, within ten days of the direction of the adjudicating authorityunder sub-section (4) recommend a bankruptcy trustee as a replacement(6) the adjudicating authority shall appoint the bankruptcy trustee as recommended by the board under sub-section (5) within fourteen days of receiving such recommendation40(7) the earlier bankruptcy trustee shall deliver possession of the estate of the bankrupt to the bankruptcy trustee appointed under sub-section (6), on the date of his appointment(8) the adjudicating authority may give directions to the earlier bankruptcy trustee—(a) to share all information with the new bankruptcy trustee in respect of the bankruptcy process; and(b) to co-operate with the new bankruptcy trustee in such matters as may be required5(9) the board shall take action, against the bankruptcy trustee against whom the application referred to in sub-section (1) has been filed and who has been replaced with a new bankruptcy trustee, under section 219(10) the earlier bankruptcy trustee replaced under this section shall be released in accordance with the provisions of section 14810(11) the bankruptcy trustee appointed under this section shall give a notice of his appointment to the bankrupt within two days of his appointment146 (1) a bankruptcy trustee may resign if—resignation by bankruptcy trustee(a) he intends to cease practising as an insolvency professional; or15(b) there is conflict of interest or change of personal circumstances which preclude the further discharge of his duties as a bankruptcy trustee (2) the adjudicating authority shall, within two days of the acceptance of the resignation of the bankruptcy trustee, direct the board for his replacement(3) the board shall, within ten days of the direction of the adjudicating authority under sub-section (2) recommend another bankruptcy trustee as a replacement20(4) the adjudicating authority shall appoint the bankruptcy trustee recommended by the board under sub-section (3) within fourteen days of receiving the recommendation(5) the replaced bankruptcy trustee shall deliver possession of the estate of the bankrupt to the bankruptcy trustee appointed under sub-section (4), on the date of his appointment25(6) the adjudicating authority may give directions to the bankruptcy trustee who has resigned—(a) to share all information with the new bankruptcy trustee in respect of the bankruptcy process; and30(b) to co-operate with the new bankruptcy trustee in such matters as may be required (7) the bankruptcy trustee appointed under this section shall give a notice of his appointment to the committee of creditors and the bankrupt within two days of his appointment35(8) the bankruptcy trustee replaced under this section shall be released in accordance with the provisions of section 148147 (1) if a vacancy occurs in the office of the bankruptcy trustee for any reason other than his replacement or resignation, the vacancy shall be filled in accordance with the provisions of this sectionvacancy in office of bankruptcy trustee40(2) in the event of the occurrence of vacancy referred to in sub-section (1), the adjudicating authority shall direct the board for replacement of the bankruptcy trustee(3) the board shall, within ten days of the direction of the adjudicating authority under sub-section (2) recommend a bankruptcy trustee as a replacement(4) the adjudicating authority shall appoint the bankruptcy trustee recommended by the board under sub-section (3) within fourteen days of receiving the recommendation(5) the earlier bankruptcy trustee shall deliver possession of the estate of the bankrupt to the bankruptcy trustee appointed under sub-section (4), on the date of his appointment(6) the adjudicating authority may give directions to the bankruptcy trustee who has vacated the office—5(a) to share all information with the new bankruptcy trustee in respect of thebankruptcy;(b) to co-operate with the new bankruptcy trustee in such matters as may be required10(7) the bankruptcy trustee appointed under sub-section (4) shall give a notice of his appointment to the committee of creditors and the bankrupt within two days of his appointment(8) the earlier bankruptcy trustee replaced under this section shall be released in accordance with the provisions of section 148:provided that this section shall not apply if the vacancy has occurred due to temporary illness or temporary leave of the bankruptcy trustee15release of bankruptcy trustee148 (1) a bankruptcy trustee shall be released from his office with effect from the date on which the adjudicating authority passes an order appointing a new bankruptcy trustee in the event of replacement, resignation or occurrence of vacancy under sections 145, 146 or 147, as the case may be20(2) notwithstanding the release under sub-section (1), the bankruptcy trustee who has been so released, shall share all information with the new bankruptcy trustee in respect of the bankruptcy process and co-operate with the new bankruptcy trustee in such matters as may be required25(3) a bankruptcy trustee who has completed the administration of the bankruptcy process shall be released of his duties with effect from the date on which the committee of creditors approves the report of the bankruptcy trustee under section 137 chapter v administration and distribution of the estate of the bankrupt30149 the bankruptcy trustee shall perform the following functions in accordance with the provisions of this chapter—functions of bankruptcy trustee(a) investigate the affairs of the bankrupt; (b) realise the estate of the bankrupt; and(c) distribute the estate of the bankrupt150 (1) the bankrupt shall assist the bankruptcy trustee in carrying out his functions under this chapter by—35(a) giving to the bankruptcy trustee the information of his affairs;duties of bankrupt towards bankruptcy trustee(b) attending on the bankruptcy trustee at such times as may be required;(c) giving notice to the bankruptcy trustee of any of the following events whichhave occurred after the bankruptcy commencement date,—(i) acquisition of any property by the bankrupt;40(ii) devolution of any property upon the bankrupt; (iii) increase in the income of the bankrupt;(d) doing all other things as may be prescribed(2) the bankrupt shall give notice of the increase in income or acquisition or devolution of property under clause (c) of sub-section (1) within five days of such increase, acquisition or devolution(3) the bankrupt shall continue to discharge the duties under sub-section (1) other than the duties under clause (c) even after the discharge under section 1385151 for the purpose of performing his functions under this chapter, the bankruptcy trustee may, by his official name—rights of bankruptcy trustee(a) hold property of every description; (b) make contracts; (c) sue and be sued;10(d) enter into engagements in respect of the estate of the bankrupt;(e) employ persons to act in his behalf; (f) execute any power of attorney, deed or other instrument; and15(g) do any other act which is necessary or expedient for the purposes of or in connection with the exercise of his rights152 the bankruptcy trustee may while discharging his functions under this chapter,—general powers of bankruptcy trustee(a) sell any part of the estate of the bankrupt; (b) give receipts for any money received by him;20(c) prove, rank, claim and draw a dividend in respect of such debts due to the bankrupt as are comprised in his estate;25(d) where any property comprised in the estate of the bankrupt is held by any person by way of pledge or hypothecation, exercise the right of redemption in respect of any such property subject to the relevant contract by giving notice to the said person;(e) where any part of the estate of the bankrupt consists of securities in a company or any other property which is transferable in the books of a person, exercise the right to transfer the property to the same extent as the bankrupt might have exercised it if he had not become bankrupt; and30(f) deal with any property comprised in the estate of the bankrupt to which the bankrupt is beneficially entitled in the same manner as he might have dealt with it153 (1) the bankruptcy trustee for the purposes of this chapter may after procuring the approval of the committee of creditors,—approval of creditors for certain acts(a) carry on any business of the bankrupt as far as may be necessary for winding it up beneficially;35 (b) bring, institute or defend any legal action or proceedings relating to the property comprised in the estate of the bankrupt;(c) accept as consideration for the sale of any property a sum of money due at a future time subject to certain stipulations such as security;40 (d) mortgage or pledge any property for the purpose of raising money for the payment of the debts of the bankrupt;(e) where any right, option or other power forms part of the estate of the bankrupt, make payments or incur liabilities with a view to obtaining, for the benefit of the creditors, any property which is the subject of such right, option or power;(f) refer to arbitration or compromise on such terms as may be agreed, any debts subsisting or supposed to subsist between the bankrupt and any person who may have incurred any liability to the bankrupt;5(g) make compromise or other arrangement as may be considered expedient, with the creditors;(h) make compromise or other arrangement as he may deem expedient with respect to any claim arising out of or incidental to the bankrupt's estate;(i) appoint the bankrupt to—10(i) supervise the management of the estate of the bankrupt or any part of it;(ii) carry on his business for the benefit of his creditors; (iii) assist the bankruptcy trustee in administering the estate of the bankrupt15(2) where the bankruptcy trustee has done anything without the approval required under sub-section (1), the committee of creditors may ratify the actions of the bankruptcy trustee only where the bankruptcy trustee has acted due to an urgency and he has sought ratification without undue delay154 (1) the estate of the bankrupt shall vest in the bankruptcy trustee immediately from the date of his appointment20vesting of estate of bankrupt in bankruptcy trustee(2) the vesting under sub-section (1) shall take effect without any conveyance, assignment or transfer155 (1) the estate of the bankrupt shall include,—estate of bankrupt(a) all property belonging to or vested in the bankrupt at the bankruptcy commencement date;25(b) the capacity to exercise and to initiate proceedings for exercising all such powers in or over or in respect of property as might have been exercised by the bankrupt for his own benefit at the bankruptcy commencement date or before the date of the discharge order passed under section 138; and30(c) all property which by virtue of any of the provisions of this chapter is comprised in the estate (2) the estate of the bankrupt shall not include—(a) excluded assets; (b) property held by the bankrupt on trust for any other person; and35( c ) such assets as may be notified by the central government in consultation with any financial sector regulatordelivery of property and documents to bankruptcy trustee156 the bankrupt, his banker or agent or any other person having possession of any property, books, papers or other records which bankruptcy trustee is required to take possession for the purposes of the bankruptcy process shall deliver the said property and documents to the bankruptcy trustee40157 (1) the bankruptcy trustee shall take possession and control of all property,books, papers and other records relating to the estate of the bankrupt or affairs of the bankrupt which belong to him or are in his possession or under his controlacquisition of control by bankruptcy trustee(2) where any part of the estate of the bankrupt consists of things in actionable claims, they shall be deemed to have been assigned to the bankruptcy trustee without any notice of the assignment5restrictions on disposition of property158 (1) any disposition of property made by the debtor, during the period between the date of filing of the application for bankruptcy and the bankruptcy commencement date shall be void(2) any disposition of property made under sub-section (1) shall not give rise to any right against any person, in respect of such property, even if he has received such property before the bankruptcy commencement date in—(a) good faith;10(b) for value; and (c) without notice of the filing of the application for bankruptcy(3) for the purposes of this section, the term "property" means all the property of the debtor, whether or not it is comprised in the estate of the bankrupt, but shall not include property held by the debtor in trust for any other person15159 (1) the bankruptcy trustee shall be entitled to claim for the estate of the bankrupt, any after-acquired property by giving a notice to the bankruptafter-acquired property of bankrupt(2) a notice under sub-section (1) shall not be served in respect of—(a) excluded assets, or20(b) any property which is acquired by or devolves upon the bankrupt after a discharge order is passed under section 138 (3) the notice under sub-section (1) shall be given within fifteen days from the day on which the acquisition or devolution of the after-acquired property comes to the knowledge of the bankruptcy trustee25(4) for the purposes of sub-section (3)—(a) anything which comes to the knowledge of the bankruptcy trustee shall be deemed to have come to the knowledge of the successor of the bankruptcy trustee at the same time; and30(b) anything which comes to the knowledge of a person before he is appointed as a bankruptcy trustee shall be deemed to have come to his knowledge on the date of his appointment as bankruptcy trustee (5) the bankruptcy trustee shall not be entitled, by virtue of this section, to claim from any person who has acquired any right over after-acquired property, in good faith, for value and without notice of the bankruptcy35(6) a notice may be served after the expiry of the period under sub-section (3) only with the approval of the adjudicating authorityexplanation—for the purposes of this section, the expression "after-acquired property" means any property which has been acquired by or has devolved upon the bankrupt after the bankruptcy commencement date40160 (1) the bankruptcy trustee may, by giving notice to the bankrupt or any person interested in the onerous property, disclaim any onerous property which forms a part of the estate of the bankruptonerous property of bankrupt(2) the bankruptcy trustee may give the notice under sub-section (1) notwithstanding that he has taken possession of the onerous property, endeavoured to sell it or has exercised rights of ownership in relation to it(3) a notice of disclaimer shall—5(a) determine, as from the date of disclaimer, the rights, interests and liabilities ofthe bankrupt in respect of the onerous property disclaimed;(b) discharge the bankruptcy trustee from all personal liability in respect of the onerous property as from the date of appointment of the bankruptcy trustee10(4) a notice of disclaimer under sub-section (1) shall not be given in respect of the property which has been claimed for the estate of the bankrupt under section 155 without the permission of the committee of creditors15(5) a notice of disclaimer under sub-section (1) shall not affect the rights or liabilities of any other person, and any person who sustains a loss or damage in consequence of the operation of a disclaimer under this section shall be deemed to be a creditor of the bankrupt to the extent of the loss or damageexplanation—for the purposes of this section, the expression "onerous property"means—(i) any unprofitable contract; and (ii) any other property comprised in the estate of the bankrupt which is unsaleable or not readily saleable, or is such that it may give rise to a claim20161 (1) no notice of disclaimer under section 160 shall be necessary if—notice to disclaim onerous property(a) a person interested in the onerous property has applied in writing to the bankruptcy trustee or his predecessor requiring him to decide whether the onerous property should be disclaimed or not; and25(b) a decision under clause (a) has not been taken by the bankruptcy trusteewithin seven days of receipt of the notice(2) any onerous property which cannot be disclaimed under sub-section (1) shall be deemed to be part of the estate of the bankrupt30explanation—for the purposes of this section, an onerous property is said to be disclaimed where notice in relation to that property has been given by the bankruptcy trustee under section 160disclaimer of leaseholds162(1) the bankruptcy trustee shall not be entitled to disclaim any leasehold interest, unless a notice of disclaimer has been served on every interested person and—35(a) no application objecting to the disclaimer by the interested person, has been filed with respect to the leasehold interest, within fourteen days of the date on which notice was served; and(b) where the application objecting to the disclaimer has been filed by theinterested person, the adjudicating authority has directed under section 163 that the disclaimer shall take effect163 (1) an application challenging the disclaimer may be made by the following persons under this section to the adjudicating authority—challenge against disclaimed property(a) any person who claims an interest in the disclaimed property; or (b) any person who is under any liability in respect of the disclaimed property; or5(c) where the disclaimed property is a dwelling house, any person who on thedate of application for bankruptcy was in occupation of or entitled to occupy that dwelling house10(2) the adjudicating authority may on an application under sub-section (1) make an order for the vesting of the disclaimed property in, or for its delivery to any of the persons mentioned in sub-section (1)(3) the adjudicating authority shall not make an order in favour of a person who has made an application under clause (b) of sub-section (1) except where it appears to the adjudicating authority that it would be just to do so for the purpose of compensating the person15(4) the effect of an order under this section shall be taken into account while assessing loss or damage sustained by any person in consequence of the disclaimer under sub-section (5)of section 160(5) an order under sub-section (2) vesting property in any person need not be completed by any consequence, assignment or transfer20undervalued transactions164 (1) the bankruptcy trustee may apply to the adjudicating authority for an order under this section in respect of an undervalued transaction between a bankrupt and any person(2) the undervalued transaction referred to in sub-section (1) should have—25(a) been entered into during the period of two years ending on the filing of the application for bankruptcy; and(b) caused bankruptcy process to be triggered(3) a transaction between a bankrupt and his associate entered into during the period of two years preceding the date of making of the application for bankruptcy shall be deemed to be an undervalued transaction under this section30(4) on the application of the bankruptcy trustee under sub-section (1), the adjudicating authority may—(a) pass an order declaring an undervalued transaction void;35(b) pass an order requiring any property transferred as a part of an undervaluedtransaction to be vested with the bankruptcy trustee as a part of the estate of the bankrupt; and(c) pass any other order as it thinks fit for restoring the position to what it wouldhave been if the bankrupt had not entered into the undervalued transaction40(5) the order under clause (a) of sub-section (4) shall not be passed if it is proved by the bankrupt that the transaction was undertaken in the ordinary course of business of the bankrupt: provided that the provisions of this sub-section shall not be applicable to undervalued transaction entered into between a bankrupt and his associate under sub-section (3)(6) for the purposes of this section, a bankrupt enters into an undervalued transaction with any person if—(a) he makes a gift to that person; (b) no consideration has been received by that person from the bankrupt; (c) it is in consideration of marriage; or5(d) it is for a consideration, the value of which in money or money's worth issignificantly less than the value in money or money's worth of the consideration provided by the bankruptpreference transactions165 (1) the bankruptcy trustee may apply to the adjudicating authority for an order under this section if a bankrupt has given a preference to any person10(2) the transaction giving preference to an associate of the bankrupt under sub-section (1) should have been entered into by the bankrupt with the associate during the period of two years ending on the date of the application for bankruptcy(3) any transaction giving preference not covered under sub-section (2) should have been entered into by the bankrupt during the period of six months ending on the date of the application for bankruptcy15(4) the transaction giving preference under sub-section (2) or under sub-section (3)should have caused the bankruptcy process to be triggered(5) on the application of the bankruptcy trustee under sub-section (1), the adjudicating authority may—(a) pass an order declaring a transaction giving preference void;20(b) pass an order requiring any property transferred in respect of a transactiongiving preference to be vested with the bankruptcy trustee as a part of the estate of the bankrupt; and(c) pass any other order as it thinks fit for restoring the position to what it wouldhave been if the bankrupt had as not entered into the transaction giving preference25(6) the adjudicating authority shall not pass an order under sub-section (5) unlessthe bankrupt was influenced in his decision of giving preference to a person by a desire to produce in relation to that person an effect under clause (b) of sub-section (8)30(7) for the purpose of sub-section (6), if the person is an associate of the bankrupt,(otherwise than by reason only of being his employee), at the time when the preference was given, it shall be presumed that the bankrupt was influenced in his decision under that sub-section (8) for the purposes of this section, a bankrupt shall be deemed to have entered into a transaction giving preference to any person if—35(a) the person is the creditor or surety or guarantor for any debt of thebankrupt; and(b) the bankrupt does anything or suffers anything to be done which has the effect of putting that person into a position which, in the event of the debtor becoming a bankrupt, will be better than the position he would have been in, if that thing had not been done40166 (1) subject to the provisions of sub-section (2), an order passed by the adjudicating authority under section 164 or section 165 shall not—(a) give rise to a right against a person interested in the property which was acquired in an undervalued transaction or a transaction giving preference, whether or not he is the person with whom the bankrupt entered into such transaction;45(b) require any person to pay a sum to the bankruptcy trustee in respect of thebenefit received from the undervalued transaction or a transaction giving preference, whether or not he is the person with whom the bankrupt entered into such transaction(2) the provisions of sub-section (1) shall apply only if the interest was acquired or the benefit was received—(a) in good faith; (b) for value;5(c) without notice that the bankrupt entered into the transaction at an undervalue or for giving preference;(d) without notice that the bankrupt has filed an application for bankruptcy or abankruptcy order has been passed; and10(e) by any person who at the time of acquiring the interest or receiving the benefit was not an associate of the bankrupt (3) any sum required to be paid to the bankruptcy trustee under sub-section (1) shall be included in the estate of the bankruptextortionate credit transactions15167 (1) subject to sub-section (6), on an application by the bankruptcy trustee, the adjudicating authority may make an order under this section in respect of extortionate credit transactions to which the bankrupt is or has been a party(2) the transactions under sub-section (1) should have been entered into by the bankrupt during the period of two years ending on the bankruptcy commencement date(3) an order of the adjudicating authority may—(a) set aside the whole or part of any debt created by the transaction;20(b) vary the terms of the transaction or vary the terms on which any security forthe purposes of the transaction is held;(c) require any person who has been paid by the bankrupt under any transaction, to pay a sum to the bankruptcy trustee;(d) require any person to surrender to the bankruptcy trustee any property of the bankrupt held as security for the purposes of the transaction25(4) any sum paid or any property surrendered to the bankruptcy trustee shall be included in the estate of the bankrupt(5) for the purposes of this section, an extortionate credit transaction is a transaction for or involving the provision of credit to the bankrupt by any person—30(a) on terms requiring the bankrupt to make exorbitant payments in respect of the credit provided; or(b) is unconscionable under the principles of law relating to contracts35 (6) any debt extended by a person regulated for the provision of financial services in compliance with the law in force in relation to such debt, shall not be considered as an extortionate credit transaction under this section168 (1) this section shall apply where a contract has been entered into by the bankrupt with a person before the bankruptcy commencement dateobligations under contracts(2) any party to a contract, other than the bankrupt under sub-section (1), may apply to the adjudicating authority for—40(a) an order discharging the obligations of the applicant or the bankrupt under the contract; and(b) payment of damages by the party or the bankrupt, for non-performance of the contract or otherwise(3) any damages payable by the bankrupt by virtue of an order under clause (b) of sub-section (2) shall be provable as bankruptcy debt5(4) when a bankrupt is a party to the contract under this section jointly with another person, that person may sue or be sued in respect of the contract without joinder of the bankrupt169 if a bankrupt dies, the bankruptcy proceedings shall, unless the adjudicating authority directs otherwise, be continued as if he were alivecontinuance of proceedings on death of bankrupt170 (1) all the provisions of chapter v relating to the administration and distribution of the estate of the bankrupt shall, so far as the same are applicable, apply to the administration of the estate of a deceased bankrupt10administration of estate of deceasedbankrupt(2) while administering the estate of a deceased bankrupt, the bankruptcy trustee shall have regard to the claims by the legal representative of the deceased bankrupt to payment of the proper funeral and testamentary expenses incurred by him(3) the claims under sub-section (2) shall rank equally to the secured creditors in the priority provided under section 1781520(4) if, on the administration of the estate of a deceased bankrupt, any surplus remains in the hands of the bankruptcy trustee after payment in full of all the debts due from the deceased bankrupt, together with the costs of the administration and interest as provided under section 178, such surplus shall be paid to the legal representatives of the estate of the deceased bankrupt or dealt with in such manner as may be prescribedproof of debt171 (1) the bankruptcy trustee shall give notice to each of the creditors to submit proof of debt within fourteen days of preparing the list of creditors under section 132(2) the proof of debt shall—25(a) require the creditor to give full particulars of debt, including the date on which the debt was contracted and the value at which that person assesses it;(b) require the creditor to give full particulars of the security, including the date on which the security was given and the value at which that person assesses it;(c) be in such form and manner as may be prescribed30(3) in case the creditor is a decree holder against the bankrupt, a copy of the decree shall be a valid proof of debt(4) where a debt bears interest, that interest shall be provable as part of the debt except insofar as it is owed in respect of any period after the bankruptcy commencement date35(5) the bankruptcy trustee shall estimate the value of any bankruptcy debt which does not have a specific value(6) the value assigned by the bankruptcy trustee under sub-section (5) shall be the amount provable by the concerned creditor40(7) a creditor may prove for a debt where payment would have become due at a date later than the bankruptcy commencement date as if it were owed presently and may receive dividends in a manner as may be prescribed(8) where the bankruptcy trustee serves a notice under sub-section (1) and the person on whom the notice is served does not file a proof of security within thirty days after the date of service of the notice, the bankruptcy trustee may, with leave of the adjudicating authority, sell or dispose of any property that was subject to the security, free of that security172 (1) where a secured creditor realises his security, he may produce proof of the balance due to him5proof of debt by secured creditors(2) where a secured creditor surrenders his security to the bankruptcy trustee for the general benefit of the creditors, he may produce proof of his whole claimmutual credit and set-off173(1) where before the bankruptcy commencement date, there have been mutualdealings between the bankrupt and any creditor, the bankruptcy trustee shall—10(a) take an account of what is due from each party to the other in respect of themutual dealings and the sums due from one party shall be set-off against the sums due from the other; and(b) only the balance shall be provable as a bankruptcy debt or as the amountpayable to the bankruptcy trustee as part of the estate of the bankrupt15(2) sums due from the bankrupt to another party shall not be included in the account taken by the bankruptcy trustee under sub-section (1), if that other party had notice at the time they became due that an application for bankruptcy relating to the bankrupt was pendingdistribution of interim dividend20174 (1) whenever the bankruptcy trustee has sufficient funds in his hand, he maydeclare and distribute interim dividend among the creditors in respect of the bankruptcy debts which they have respectively proved(2) where the bankruptcy trustee has declared any interim dividend, he shall give notice of such dividend and the manuar in which it is proposed to be distributed(3) in the calculation and distribution of the interim dividend, the bankruptcy trustee shall make provision for—25(a) any bankruptcy debts which appear to him to be due to persons who, byreason of the distance of their place of residence, may not have had sufficient time to tender and establish their debts;(b) any bankruptcy debts which are subject of claims which have not yet beendetermined;(c) disputed and claims; and30(d) expenses necessary for the administration of the estate of the bankruptdistribution of property35175 (1) the bankruptcy trustee may, with the approval of the committee of creditors,divide any property in its existing form amongst the creditors, according to its estimated value, which from its peculiar nature or other special circumstances cannot be readily or advantageously sold(2) an approval under sub-section (1) shall be sought by the bankruptcy trustee foreach transaction, and a person dealing with the bankruptcy trustee in good faith and for value shall not be required to enquire whether any approval required under sub-section (1) has been given40(3) where the bankruptcy trustee has done anything without the approval of thecommittee of creditors, the committee may, for the purpose of enabling him to meet his expenses out of the estate of the bankrupt, ratify the act of the bankruptcy trustee(4) the committee of the creditors shall not ratify the act of the bankruptcy trustee under sub-section (3) unless it is satisfied that the bankruptcy trustee acted in a case of urgency and has sought its ratification without undue delayfinal dividend5176 (1) where the bankruptcy trustee has realised the entire estate of the bankrupt or so much of it as could be realised in the opinion of the bankruptcy trustee, he shall give notice—(a) of his intention to declare a final dividend; or (b) that no dividend or further dividend shall be declared10(2) the notice under sub-section (1) shall contain such particulars as may be prescribed and shall require all claims against the estate of the bankrupt to be established by a final date specified in the notice(3) the adjudicating authority may, on the application of any person interested in the administration of the estate of the bankrupt, postpone the final date referred to in sub-section (2)15(4) after the final date referred to in sub-section (2), the bankruptcy trustee shall—(a) defray any outstanding expenses of the bankruptcy out of the estate of the bankrupt; and(b) if he intends to declare a final dividend, declare and distribute that dividend among the creditors who have proved their debts, without regard to the claims of any other persons20(5) if a surplus remains after payment in full with interest to all the creditors of the bankrupt and the payment of the expenses of the bankruptcy, the bankrupt shall be entitled to the surplus25(6) where a bankruptcy order has been passed in respect of one partner in a firm, a creditor to whom the bankrupt is indebted jointly with the other partners in the firm or any of them shall not receive any dividend out of the separate property of the bankrupt until all the separate creditors have received the full amount of their respective debtsclaims of creditors177 (1) a creditor who has not proved his debt before the declaration of any dividend is not entitled to disturb, by reason that he has not participated in it, the distribution of that dividend or any other dividend declared before his debt was proved, but—30(a) when he has proved the debt, he shall be entitled to be paid any dividend or dividends which he has failed to receive, out of any money for the time being available for the payment of any further dividend; and35(b) any dividend or dividends payable to him shall be paid before that money is applied to the payment of any such further dividend (2) no action shall lie against the bankruptcy trustee for a dividend, but if the bankruptcy trustee refuses to pay a dividend payable under sub-section (1), the adjudicating authority may order him to—(a) pay the dividend; and (b) pay, out of his own money—40(i) interest on the dividend; and (ii) the costs of the proceedings in which the order to pay has been madepriority of payment of debts178 (1) notwithstanding anything to the contrary contained in any law enacted by the parliament or the state legislature for the time being in force, in the distribution of the final dividend, the following debts shall be paid in priority to all other debts—5(a) firstly, the costs and expenses incurred by the bankruptcy trustee for the bankruptcy process in full;(b) secondly,—(i) debts owed to secured creditors; and10(ii) wages and unpaid dues owed to workmen of the bankrupt for the whole or any part of the period of twelve months preceding the bankruptcy commencement date; (c) thirdly, wages and unpaid dues owed to employees, other than workmen, of the bankrupt for the whole or any part of the period of twelve months preceding the bankruptcy commencement date;15(d) fourthly, amounts due to the central government and the state government including the amount to be received on account of consolidated fund of india and the consolidated fund of a state, if any, in respect of the whole or any part of the period of two years preceding the bankruptcy commencement date; (e) lastly, all other debts and dues owed by the bankrupt, including unsecured debts20(2) the debts in each class specified in sub-section (1) shall rank in the order mentioned in that sub-section but debts of the same class shall rank equally amongst themselves, and shall be paid in full, unless the estate of the bankrupt is insufficient to meet them, in which case they shall abate in equal proportions between themselves25(3) where any creditor has given any indemnity or has made any payment of moneys by virtue of which any asset of the bankrupt has been recovered, protected or preserved, the adjudicating authority may make such order as it thinks just with respect to the distribution of such asset with a view to giving that creditor an advantage over other creditors in consideration of the risks taken by him in so doing(4) unsecured creditors shall rank equally amongst themselves unless contractually agreed to the contrary by such creditors30(5) any surplus remaining after the payment of the debts under sub-section (1) shall be applied in paying interest on those debts in respect of the periods during which they have been outstanding since the bankruptcy commencement date35(6) interest payments under sub-section (5) shall rank equally irrespective of the nature of the debt(7) in the case of partners, the partnership property shall be applicable in the first instance in payment of the partnership debts and the separate property of each partner shall be applicable in the first instance in payment of his separate debts40(8) where there is a surplus of the separate property of the partners, it shall be dealt with as part of the partnership property; and where there is a surplus of the partnership property, it shall be dealt with as part of the respective separate property in proportion to the rights and interests of each partner in the partnership property chapter vi adjudicating authority for individuals and partnership firms5adjudicating authority for individuals and partnership firms179 (1) subject to the provisions of section 60, the adjudicating authority, in relationto insolvency matters of individuals and firms shall be the debt recovery tribunal having territorial jurisdiction over the place where the individual debtor actually and voluntarily resides or carries on business or personally works for gain and may entertain an application under this code regarding such person(2) the debt recovery tribunal shall, notwithstanding anything contained in any other law for the time being in force, have jurisdiction to entertain or dispose of —10 (a) any suit or proceeding by or against the individual debtor;(b) any claim made by or against the individual debtor; (c) any question of priorities or any other question whether of law or facts,arising out of or in relation to insolvency and bankruptcy of the individual debtor or firm under this code| 14 of 1963 ||----------------------------------------------------------------------------------------------|| ( || 3 || ) notwithstanding anything contained in the limitation act, 1963 or in any other law || for the time being in force, in computing the period of limitation specified for any suit or || application in the name and on behalf of a debtor for which an order of moratorium has been || made under this part, the period during which such moratorium is in place shall be excluded |20civil court not to have jurisdiction180 (1) no civil court or authority shall have jurisdiction to entertain any suit orproceedings in respect of any matter on which the debt recovery tribunal or the debt recovery appellate tribunal has jurisdiction under this code(2) no injunction shall be granted by any court, tribunal or authority in respect of anyaction taken, or to be taken, in pursuance of any power conferred on the debt recovery tribunal or the debt recovery appellate tribunal by or under this code25181 (1) an appeal from an order of the debt recovery tribunal under this code shallbe filed within forty-five days before the debt recovery appellate tribunalappeal to debt recovery appellate tribunal(2) the debt recovery appellate tribunal may, if it is satisfied that a person wasprevented by sufficient cause from filing an appeal within forty-five days, allow the appeal to be filed within a further period not exceeding thirty days30182 (1) an appeal from an order of the debt recovery appellate tribunal on a questionof law under this code shall be filed within ninety days before the supreme courtappeal to supreme court(2) the supreme court may, if it is satisfied that a person was prevented by sufficientcause from filing an appeal within ninety days, allow the appeal to be filed within a further period not exceeding thirty days35expeditious disposal of applications183 where an application is not disposed of or order is not passed within the periodspecified in this code, the debt recovery tribunal or the debt recovery appellate tribunal, as the case may be, shall record the reasons for not doing so within the period so specified; and the chairperson of the debt recovery appellate tribunal, after taking into account the reasons so recorded, extend the period specified in this code chapter vii offences and penalties5184 (1) if a debtor or creditor provides information which is false in any materialparticulars to the resolution professional, he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five lakh rupeespunishment for false information, etc, by creditor in insolvency resolution process(2) if a creditor promises to vote in favour of the repayment plan dishonestly byaccepting any money, property or security from the debtor, he shall be punishable with imprisonment for a term which may extend to two years and with fine which may extend to thrice the amount or its equivalent accepted by such creditor:10provided that where such amount is not quantifiable, the total amount of fine shall notexceed five lakh rupeeslaibility of resolution professional15185 if an insolvency professional deliberately contravenes the provisions of the actin exercising powers under this part, he shall be punishable with imprisonment for a term which may extend to six months and he may also be liable for payment of fine not less than one lakh rupees which may extend to five lakhs rupees 186 if the bankrupt—punishment for false information, concealment etc, by bankrupt20(a) knowingly makes a false representation or wilfully omits or conceals anymaterial information while making an application for bankruptcy under section 122 or while providing any information during the bankruptcy process, he shall be punishable with imprisonment which may extend to six months and fine which may extend to five lakh rupees;explanation—for the purposes of clause (a), a false representation or omission includes non-disclosure of the details of disposal of any property, which but for the disposal, would be comprised in the estate of the bankrupt, other than dispositions made in the ordinary course of business carried on by the bankrupt25(b) fraudulently has failed to provide or deliberately withheld the production of,destroyed, falsified or altered, his books of account, financial information and other records under his custody or control, he shall be punishable with imprisonment which may extend to one year and fine which may extend to five lakh rupees;30(c) has contravened the restrictions under section 140 or the provisions ofsection 141, he shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to five lakh rupees;35(d) has failed to deliver the possession of any property comprised in the estateof the bankrupt under his possession or control, which he is required to deliver under section 156, he shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to five lakh rupees;40(e) has failed to account, without any reasonable cause or satisfactoryexplanation, for any loss incurred of any substantial part of his property comprised in the estate of the bankrupt from the date which is twelve months before the filing of the bankruptcy application, he shall be punishable with imprisonment for a term which may extend to two years and fine which may extend to three times of the value of the loss:provided that where such loss is not quantifiable, the total amount of fineimposed shall not exceed five lakh rupees;45(f ) has absconded or attempts to absconds after the bankruptcy commencementdate, he shall be punishable with imprisonment for a term which may extend to one year and fine which may extend to five lakh rupees;explanation—for the purposes of this clause, a bankrupt shall be deemed to have absconded if he leaves, or attempts to leave the country without delivering the possession any property which he is required to deliver to the bankruptcy trustee under section 156187(1) if a bankruptcy trustee, —5liability of bankruptcy trustee(a) has fraudulently applied, retained or accounted for any money or property comprised in the estate of the bankrupt; or(b) has wilfully acted in a manner that the estate of the bankrupt has suffered any loss in consequence of breach of any duty of the bankruptcy trustee in carrying out his functions under section 149,10he shall be punishable with imprisonment for a term which may extend to three years and with fine which shall not be less than three times the amount of the loss caused, or likely to have been caused, to persons concerned on account of such contravention: provided that where such loss or unlawful gain is not quantifiable, the total amount of fine imposed shall not exceed five lakh rupees:15 provided further that the bankruptcy trustee shall not be liable under this section ifhe seizes or disposes of any property which is not comprised in the estate of the bankrupt and at that time had reasonable grounds to believe that he is entitled to seize or dispose that property part iv20 regulation of insolvency professionals, agencies and information utilities chapter i the insolvency and bankruptcy board of india25188 (1) with effect from such date as the central government may, by notification, appoint, there shall be established, for the purposes of this code, a board by the name of the insolvency and bankruptcy board of indiaestablishment and incorporation of board30(2) the board shall be a body corporate by the name aforesaid, having perpetual succession and a common seal, with power, subject to the provisions of this code, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued(3) the head office of the board shall be at mumbai (4) the board may establish offices at other places in indiaconstitution of board189 (1) the board shall consist of the following members who shall be appointed by the central government, namely:—(a) a chairperson;35(b) three members from amongst the officers of the central government notbelow the rank of joint secretary or equivalent, one each to represent the ministry of finance, the ministry of corporate affairs and ministry of law, ex officio;(c) one member to be nominated by the reserve bank of india, ex officio;40(d) five other members to be nominated by the central government, of whom atleast three shall be the whole-time members45(2) the chairperson and the other members shall be persons of ability, integrity and standing, who have shown capacity in dealing with problems relating to insolvency or bankruptcy and have special knowledge and experience in the field of law, finance, economics, accountancy or administration(3) every appointment other than the appointment of an ex officio member, under this section shall be made after obtaining the recommendation of a selection committee consisting of a chairperson and three independent experts from the field of law, finance and accountancy to be nominated by the central government5(4) the term of office of the chairperson and members (other than ex officio members)shall be five years or till they attain the age of sixty-five years, whichever is earlier, and they shall be eligible for reappointment10(5) the salaries and allowances payable to, and other terms and conditions of service of, the chairperson and members (other than the ex officio members) shall be such as may be prescribed190 the central government may remove a member from office, if he—removal ofmember fromoffice(a) is an undischarged bankrupt as defined under part iii; (b) has become physically or mentally incapable of acting as a member;15(c) has been convicted of an offence, which in the opinion of central governmentinvolves moral turpitude;(d) has, so abused his position as to render his continuation in office detrimentalto the public interest:provided that no member shall be removed under clause (d) unless he has been given a reasonable opportunity of being heard in the matter20powers ofchairperson191 save as otherwise determined by regulations, the chairperson shall have powersof general superintendence and direction of the affairs of the board and may also exercise such other powers as may be delegated to him by the boardmeetings of board25192 (1) the board shall meet at such times and places, and observe such rules ofprocedure in regard to the transaction of business at its meetings (including quorum at such meetings) as may be determined by regulations(2) the chairperson, or if, for any reason, the chairperson is unable to attend any meeting of the board, any other member chosen by the members present at the meeting shall preside at the meeting30(3) all questions which come up before any meeting of the board shall be decided bya majority votes of the members present and voting, and, in the event of an equality of votes, the chairperson, or in his absence, the person presiding, shall have a second or casting votemember not to participate in meetings in certain cases35193 any member, who is a director of a company and who as such director has anydirect or indirect pecuniary interest in any matter coming up for consideration at a meeting of the board, 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 board, and the member shall not take any part in any deliberation or decision of the board with respect to that matter194 (1) 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; or40(b) any defect in the appointment of a person acting as a member of the board; orvacancies, etc, not to invalidate proceedings of board, and officers and employees of board(c) any irregularity in the procedure of the board not affecting the merits of thecase(2) the board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this code(3)the salaries and allowances payable to, and other terms and conditions of service of, officers and employees of the board appointed under sub-section (1) shall be such as may be specified by regulations5195 until the board is established, the central government may by notification, designate any financial sector regulator to exercise the powers and functions of the board under this codepower to designate financial sector regulator chapter ii powers and functions of the board196 (1) the board shall, subject to the general direction of the central government, perform all or any of the following functions namely:—10powers and functions of board(a) register insolvency professional agencies, insolvency professionals and information utilities and renew, withdraw, suspend or cancel such registrations;(b) specify the minimum eligibility requirements for registration of insolvencyprofessional agencies, insolvency professionals and information utilities;15(c) levy fee or other charges for the registration of insolvency professionalagencies, insolvency professionals and information utilities;(d) specify by regulations standards for the functioning of insolvency professional agencies, insolvency professionals and information utilities;20(e) lay down by regulations the minimum curriculum for the examination ofthe insolvency professionals for their enrolment as members of the insolvency professional agencies;25(f) carry out inspections and investigations on insolvency professional agencies, insolvency professionals and information utilities and pass such orders as may be required for compliance of the provisions of this code and the regulations issued hereunder;(g) monitor the performance of insolvency professional agencies, insolvency professionals and information utilities and pass any directions as may be required for compliance of the provisions of this code and the regulations made thereunder;30(h) call for any information and records from the insolvency professionalagencies, insolvency professionals and information utilities;(i) publish such information, data, research studies and other information as may be specified by regulations;(j) specify by regulations the manner of collecting and storing data by the information utilities and for providing access to such data;35(k) collect and maintain records relating to insolvency and bankruptcy casesand disseminate information relating so such cases;(l) constitute such committees as may be required including in particular the committees laid down in section 197;(m)promote transparency and best practices in its governance;40(n) maintain websites and such other universally accessible repositories ofelectronic information as may be necessary;(o) enter into memorandum of understanding with any other statutoryauthorities;45(p) issue necessary guidelines to the insolvency professional agencies,insolvency professionals and information utilities;(q) specify mechanism for redressal of grievances against insolvency professionals, insolvency professional agencies and information utilities and pass orders relating to complaints filed against the aforesaid for compliance of the provisions of this code and the regulations made thereunder;5(r) conduct periodic study, research and audit the functioning and performance of the insolvency professional agencies, insolvency professionals and information utilities at such intervals as may be specified by the board;(s) specify mechanisms for issuing regulations, including the conduct of public consultation processes before notification of any regulations;10(t) make regulations and guidelines on matters relating to insolvency and bankruptcy as may be required under this code; and(u) perform such other functions as may be prescribed155 of 1908(3) notwithstanding anything contained in any other law for the time being in force, while exercising the powers under this code, the board shall have the same powers as are vested in a civil court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters, namely:—(i) the discovery and production of books of account and other documents, at such place and such time as may be specified by the board;(ii) summoning and enforcing the attendance of persons and examining them on oath;20(iii) inspection of any books, registers and other documents of any person at any place;(iv) issuing of commissions for the examination of witnesses or documents25197 the board may, for the efficient discharge of its functions, may constitute advisory and executive committees or such other committees, as it may deem fit, consisting of a chairperson and such other members as may be specified by regulationsconstitution of advisory committee, executive committee or other committeecondonation of delay198 notwithstanding anything contained in this code, where the board does not perform any act within the period specified under this code, the relevant adjudicating authority may, for reasons to be recorded in writing, condone the delay30 chapter iii insolvency professional agencies35199 save as otherwise provided in this code, no person shall carry on its business as insolvency professional agencies under this code and enrol insolvency professionals as its members except under and in accordance with a certificate of registration issued in this behalf by the boardno person to function as insolvency professional agency without valid certificate of registration200 the board shall have regard to the following principles while registering the insolvency professional agencies under this code, namely:–(a) to promote the professional development of and regulation of insolvency professionals;principles governing registration of insolvency professional agency40(b) to promote the services of competent insolvency professionals to cater to the needs of debtors, creditors and such other persons as may be specified;(c) to promote good professional and ethical conduct amongst insolvency professionals;(d) to protect the interests of debtors, creditors and such other persons as may be specified;(e) to promote the growth of insolvency professional agencies for the effective resolution of insolvency and bankruptcy processes under this code5201 (1) every application for registration shall be made to the board in such form andmanner, containing such particulars, and accompanied by such fee, as may be specified by regulations:registration ofinsolvency professional agencyprovided that every application received by the board shall be acknowledged within seven days of its receipt10(2) on receipt of the application under sub-section (1), the board may, on beingsatisfied that the application conforms with all requirements specified under sub-section (1),grant a certificate of registration to the applicant or else, reject, by order, such application:15provided that no order rejecting the application shall be made without giving an opportunity of being heard to the applicant:provided further that every order so made shall be communicated to the applicant within a period of fifteen days(3) the board may issue a certificate of registration to the applicant in such form and manner and subject to such terms and conditions as may be specified20(4) the board may renew the certificate of registration from time to time in such mannerand on payment of such fee as may be specified(5) the board may, by order, suspend or cancel the certificate of registration granted to an insolvency professional agency on any of the following grounds, namely:–25(a) that it has obtained registration by making a false statement ormisrepresentation or by any other unlawful means;(b) that it has failed to comply with the requirements of the regulations made by the board or bye-laws made by the insolvency professional agency;(c) that it has contravened any of the provisions of the act or the rules or the regulations made thereunder;30(d) on any other ground as may be specified by regulations:provided that no order shall be made under this sub-section unless the insolvency professional agency concerned has been given a reasonable opportunity of being heard:provided further that no such order shall be passed by any member except whole-time members of the board35appeal to national company law appellate tribunal202 any insolvency professional agency which is aggrieved by the order of theboard made under section 201 may prefer an appeal to the national company law appellate tribunal in such form, within such period, and in such manner, as may be specified by regulations40203 (1)the board may, for the purposes of ensuring that every insolvency professional agency takes into account the objectives sought to be achieved under this code, make regulations to specify–governing board of insolvency professional agency(a) the setting up of a governing board of an insolvency professional agency;(b) the minimum number of independent members to be on the governing boardof the insolvency professional agency; and(c) the number of the insolvency professionals being its members who shall be on the governing board of the insolvency professional agency204 an insolvency professional agency shall perform the following functions, namely:–functions of insolvency professional agencies5(a) grant membership to persons who fulfil all requirements set out in its byelaws on payment of membership fee;(b) lay down standards of professional conduct for its members; (c) monitor the performance of its members;10(d) safeguard the rights, privileges and interests of insolvency professionalswho are its members;(e) suspend or cancel the membership of insolvency professionals who are itsmembers on the grounds set out in its bye-laws;(f) redress the grievances of consumers against insolvency professionals whoare its members; and15(g) publish information about its functions, list of its members, performance ofits members and such other information as may be specified by regulations205 subject to the provisions of this code and any rules or regulations made thereunder and after obtaining the approval of the board, every insolvency professional agency shall make bye-laws to provide for —insolvency professional agencies to make byelaws20(a) the minimum standards of professional competence for its members; (b) the standards for professional and ethical conduct of its members;(c) requirements for enrolment of persons as its members which shall be nondiscriminatory;25explanation– for the purposes of this clause, the term "non-discriminatory''means lack of discrimination on the grounds of religion, caste, gender or place of birth and such other grounds as may be specified;(d) the manner of granting membership to persons who fulfil its requirement; (e) setting up of a governing board for its internal governance and managementin accordance with the regulations specified by the board;30(f) the information required to be submitted by its members including the formand the time for submitting such information;(g) the specific classes of persons to whom services shall be provided atconcessional rates or for no remuneration by its members;(h) the grounds on which penalties may be levied upon its members and themanner thereof;35(i) a fair and transparent mechanism for redressal of grievances against itsmembers;(j) the grounds under which the insolvency professionals may be expelled from its membership;40(k) the quantum of fee and the manner of collecting fee for inducting persons asits members;(l) the curriculum for enrolment of persons as it members which shall not be less than the curriculum specified by the board;(m) the manner of conducting examination of the curriculum specified by the board for enrolment of insolvency professionals;(n) the manner of monitoring and reviewing the working of insolvency professionals who are its members;5(o) the duties and other activities to be performed by its members; (p) the amount of registration bond and performance security to be furnished byan insolvency professional for the performance of his duties, the form and manner in which such registration bond and performance security shall be furnished to the insolvency professional agency;10(q) the manner of conducting disciplinary proceedings against its members andimposing penalties;(r) the manner of utilising the amount received as registration bond orperformance security in case where penalty imposed against any insolvency professional remains unpaid15performance bond206 (1) on the commencement of an insolvency resolution process, where aninsolvency professional is appointed to perform any of the functions under this code —(a) the insolvency professional agency where such insolvency professional is registered as a member, shall post a performance bond with the board in the form and manner as may be specified by the board; and20(b) the insolvency professional shall deposit with the insolvency professionalagency a performance security of an amount and in a manner as specified by the board(2) the performance bond posted under clause (a) of sub-section (1) shall provide for —25(a) the concerned insolvency professional agency to act as a surety for theobligations of the insolvency professional and to be jointly and severally liable for losses in relation to any person whose interests are prejudicially affected by any act of fraud or gross misconduct of the insolvency professional; and30(b) the payment of claims in respect of losses mentioned in clause (a), whichshall be equal in amount, to at least the value of the assets of the corporate debtor orthe debtor as on the insolvency commencement date or the insolvency commencement date of the debtor, as the case may be35(3) the performance security deposited with the insolvency professional agencyunder clause (b) of sub-section (1) shall be used in discharging any obligations imposedon the insolvency professionals under this code(4) subject to any regulations specified by the board under this section, each insolvency professional agency shall by its bye-laws specify the means for determining the liability of insolvency professionals who are members of such insolvency professional agency in respect of any performance bond under this section chapter iv40 insolvency professionals207 (1) no person shall render his services as insolvency professional under this code without being enrolled as a member of an insolvency professional agencyenrolment and registration of insolvency professionals45(2) every insolvency professional shall, after obtaining the membership of any insolvency professional agency, register themselves with the board within such time, in such manner and on payment of such fee, as may be specified by regulations208 (1) where any insolvency resolution, fresh start, liquidation or bankruptcy process has been initiated, it shall be the function of an insolvency professional to take such actions as may be necessary, in the following matters, namely:—functions and obligations of insolvency professionals(a) a fresh start order process under chapter ii of part iii;5(b) individual insolvency resolution process under chapter iii of part iii; (c) corporate insolvency resolution process under chapter ii of part ii;(d) individual bankruptcy process under chapter iv of part iii; and (e) liquidation of a corporate debtor firm under chapter iii of part ii(2) every insolvency professional shall abide by the following code of conduct:—10(a) to take reasonable care and diligence while performing his duties; (b) to comply with all requirements and terms and conditions specified in the bye-laws of the insolvency professional agency of which he is a member;(c) to allow the insolvency professional agency to inspect his records;15(d) to furnish registration bond and performance security to the insolvency professional agency before providing any service under this code;(e) to submit a copy of the records of every proceeding before the adjudicating authority to the board as well as to the insolvency professional agency of which he is a member; and(f) to perform his functions in such manner and subject to such conditions as may be specified20 chapter v information utilities209 save as otherwise provided in this code, no information utility shall carry on its business under this code except under and in accordance with a certificate of registration issued in that behalf by the board25no person to function as information utility without certificate of registrationregistration of information utility210 (1) every application for registration shall be made to the board in such form and manner, containing such particulars, and accompanied by such fee, as may be specified by regulations:30provided that every application received by the board shall be acknowledged within seven days of its receipt(2) on receipt of the application under sub-section (1), the board may, on being satisfied that the application conforms with all requirements specified under sub-section (1), grant a certificate of registration to the applicant or else, reject, by order, such application:35provided that no order rejecting the application shall be made without giving an opportunity of being heard to the applicant(3) the board may issue a certificate of registration to the applicant in such form and manner and subject to such terms and conditions as may be specified(4) the board may renew the certificate of registration from time to time in such manner and on payment of such fee as may be specified by regulations(5) the board may, by order, suspend or cancel the certificate of registration granted to an information utility on any of the following grounds, namely:–(a) that it has obtained registration by making a false statement or misrepresentation or any other unlawful means;5(b) that it has failed to comply with the requirements of the regulations made by the board;(c) that it has contravened any of the provisions of this code or the rules or the regulations made thereunder;(d) on any other ground as may be specified by regulations:10provided that no order shall be made under this sub-section unless the information utility concerned has been given a reasonable opportunity of being heard:provided further that no such order shall be passed by any member except wholetime members of the board15211 any information utility which is aggrieved by the order of the board made under section 209 may prefer an appeal to the national company law appellate tribunal in such form, within such period, and in such manner, as may be specified by regulationsappeal to national company law appellate tribunal governing board of information utility20212 the board may, for ensuring that an information utility takes into account the objectives sought to be achieved under this code, require every information utility to set up a governing board, with such number of independent members, as may be specified by regulations213 an information utility shall provide such services as may be specified including core services to any person if such person complies with the terms and conditions as may be specified by regulationscore services etc, of information utilities214 while providing core services to any person, every information utility shall —(a) create and store financial information in a universally accessible format;25obligations of i n f o r m a t i o n utility(b) accept electronic submissions of financial information from persons who are under obligations to submit financial information under sub-section (2) of section 215, in such form and manner as may be specified by regulations;30(c) accept, in specified form and manner, electronic submissions of financial information from persons who intend to submit such information;(d) meet such minimum service quality standards as may be specified by regulations;(e) get the information received from various persons authenticated by all concerned parties before storing such information;35 (f) provide access to the financial information stored by it to any person whointends to access such information in such manner as may be specified by regulations;(g) publish such statistical information as may be specified by regulations215 (1) any person who intends to submit financial information to the information utility or access the information from the information utility shall pay such fee and submit information in such form and manner as may be specified by regulations40procedure for submission, etc, of financial information(2) a financial creditor or, as the case may be, an operational creditor shall submit financial information and information relating to assets in relation to which any security interest has been created, in such form and manner as may be specified by regulations216 (1) a person who submits financial information to an information utility shall have the following rights, namely: —(a) to correct errors or update or modify any financial information so submitted in a manner and within such time as may be specified;rights andobligations of persons submitting financial information5(b) to demand the information utility to remove from its records theinformation so submitted, with the concurrence of all counterparties to any contracts or agreements, in a manner and within such time as may be specified10(2) a person who submits financial information to an information utility shall not provide such information to any other person, except to such extent, under such circumstances, and in such manner, as may be specified chapter vi inspection and investigation15217 any person aggrieved by the functioning of an insolvency professional agency or insolvency professional or an information utility may file a complaint to the board in such form and in such manner as may be specified by regulationscomplaints against insolvency professional agency or its member or information utility20investigation of insolvency professional agency or its member or information utility218 (1) where the board, on receipt of a complaint under section 217 or suo motu has reasonable grounds to believe that any insolvency professional agency or insolvency professional or an information utility has contravened any of the provisions of this code or the rules or regulations made or directions issued by the board thereunder, it may, at any time by an order in writing, direct any person authorised in this behalf (hereinafter referred to as the investigating authority in this chapter) to conduct an inspection or investigation of the insolvency professional agency or insolvency professional or an information utility(2) the inspection or investigation carried out under sub-section (1) shall be conducted within such time and in such manner as may be specified by regulations25(3) the investigating authority may, in the course of such inspection or investigation, require any other person who is likely to have any relevant document, record or information to furnish the same, and such person shall be bound to furnish such document, record or information:30 provided that the investigating authority shall provide reasons to such person before requiring him to furnish such document, record or information2 of 197435(4) the investigating authority may, in the course of its inspection or investigation, enter any building or place where they may have reasons to believe that any such document, record or information relating to the subject-matter of the inquiry may be found and may seize any such document, record or information or take extracts or copies therefrom, subject to the provisions of section 100 of the code of criminal procedure, 1973, insofar as they may be applicable40(5) the investigating authority shall keep in its custody the books, registers, other documents and records 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 concerned person from whose custody or power they were seized: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 thereof(6) a detailed report of inspection or investigation shall be submitted to the board by the investigating authority455219 the board may, upon completion of an inspection or investigation under section 218, issue a show cause notice to such insolvency professional agency or insolvency professional or information utility, and carry out inspection of such insolvency professional agency or insolvency professional or information utility in such manner, giving such time for giving reply, as may be specified by regulationsshow cause notice to insolvency professional agency or its member or information utility220 (1) the board shall constitute a disciplinary committee to consider the reports of the investigating authority submitted under sub-section (6) of section 218:appointment of disciplinary committeeprovided that the members of the disciplinary committee shall consist of whole-time members of the board only10(2) on the examination of the report of the investigating authority, if the disciplinarycommittee is satisfied that sufficient cause exists, it may impose monetary penalty as specified in sub-section (3) or suspend or cancel the registration of the insolvencyprofessional or, suspend or cancel the registration of insolvency professional agency or information utility as the case may be15(3) the disciplinary committee may impose monetary penalty in the following manner,namely:–(a) where any insolvency professional agency or insolvency professional or an information utility has contravened any provision of this code or rules or regulations made thereunder, the maximum monetary penalty shall be the higher of —20(i) three times the amount of the loss caused, or likely to have beencaused, to persons concerned on account of such contravention; or(ii) three times the amount of the unlawful gain made on account of suchcontravention:25provided that where such loss or unlawful gain is not quantifiable, the total amount ofthe monetary penalty imposed shall not exceed more than one crore rupees(4) notwithstanding anything contained in sub-section (3), the board may direct any person who has made unlawful gain or averted loss by indulging in any activity in contravention of this code, or the rules or regulations made thereunder, to disgorge an amount equivalent to such unlawful gain or aversion of loss30(5) the board may take such action as may be required to provide restitution to theperson who suffered loss on account of any contravention from the amount so disgorged, if the person who suffered such loss is identifiable and the loss so suffered is directly attributable to such person(6) the board may make regulations to specify —(a) the procedure for claiming restitution under sub-section (5);35(b) the period within which such restitution may be claimed; and (c) the manner in which restitution of amount may be made chapter vii finance, accounts and audit40grants by central government221 the central government may, after due appropriation made by parliament by law in this behalf, make to the board grants of such sums of money as that government may think fit for being utilised for the purposes of this codeboard's fund222 (1) there shall be constituted a fund to be called the fund of the insolvency and bankruptcy board and there shall be credited thereto —(a) all grants, fees and charges received by the board under this code;45(b) all sums received by the board from such other sources as may be decided upon by the central government;(c) such other funds as may be specified by the board or prescribed by the central government5(2) the fund shall be applied for meeting—(a) the salaries, allowances and other remuneration of the members, officers and other employees of the board;(b) the expenses of the board in the discharge of its functions under section 196; (c) the expenses on objects and for purposes authorised by this code;10(d) such other purposes as may be prescribedaccounts and audit223 (1) the board 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 india15(2) the accounts of the board shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditor- general of india20(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 board shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor- general of india generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board25(4) the accounts of the board 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 part v miscelleneous30insolvency and bankruptcy fund224 (1) there shall be formed a fund to be called the insolvency and bankruptcyfund (hereafter in this section referred to as the "fund") for the purposes of insolvency resolution, liquidation and bankruptcy of persons under this code (2) there shall be credited to the fund the following amounts, namely —(a) the grants made by the central government for the purposes of the fund;35(b) the amount deposited by persons as contribution to the fund; (c) the amount received in the fund from any other source; and(d) the interest or other income received out of the investment made from the fund40(3) a person who has contributed any amount to the fund may, in the event of proceedings initiated in respect of such person under this code before an adjudicating authority, make an application to such adjudicating authority for withdrawal of funds not exceeding the amount contributed by it, for such purposes as may be prescribed (4) the central government shall, by notification, appoint an administrator to administer the fund in such form and manner as may be prescribed225 (1) without prejudice to the foregoing provisions of this code, the board shall, in exercise of its powers or the performance of its functions under this code, be bound by such directions on questions of policy as the central government may give in writing to it from time to time:power ofcentral government to issue directions5provided that the board shall, as far as practicable, be given an opportunity to expressits views before any direction is given under this sub-section(2) the decision of the central government as to whether a question is one of policy or not shall be final226 (1) if at any time the central government is of opinion —10(a) that on account of grave emergency, the board is unable to discharge the functions and duties imposed on it by or under the provisions of this code; orpower of central government to supersede board15 (b) that the board has persistently not complied with any direction issued by the central government under this code or in the discharge of the functions and duties imposed on it by or under the provisions of this code and as a result of such non-compliance the financial position of the board or the administration of the board 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 board for such period, not exceeding six months, as may be specified in the notification20(2) upon the publication of a notification under sub-section (1) superseding the board,—(a) all the members shall, as from the date of supersession, vacate their offices assuch;25(b) all the powers, functions and duties which may, by or under the provisions ofthis code, be exercised or discharged by or on behalf of the board, shall, until the board is reconstituted under sub-section (3), be exercised and discharged by suchperson or persons as the central government may direct; and(c) all property owned or controlled by the board shall, until the board is reconstituted under sub-section (3), vest in the central government30(3) on the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government may reconstitute the board by a 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 appointment:provided that the central government may, at any time, before the expiration of the period of supersession, take action under this sub-section35(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 earliest40227 notwithstanding anything to the contrary contained in this code or any otherlaw for the time being in force, the central government may, if it considers necessary, in consultation with the appropriate financial sector regulators, notify financial service providers or categories of financial service providers for the purpose of their insolvency and liquidation proceedings, which may be conducted under this code, in such manner as may be prescribedpower of central government to notify financial sector providers, etc budget228 the board shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the board and forward the same to the central government45annual report229 (1) the board shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the central government(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 parliamentdelegation5230 the board may, by general or special order in writing delegate to any member,officer of the board 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 code (except the powers under section 217) as it may deem necessarybar ofjurisdiction10231 no civil court shall have jurisdiction in respect of any matter which the board isempowered by, or under, this code 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 board by, or under, this code232 the chairperson, members, officers and other employees of the board shall bedeemed, when acting or purporting to act in pursuance of any of the provisions of this code, to be public servants within the meaning of section 21 of the indian penal code45 of 1860members, officers andemployees ofboard to be public servants15protection of action taken in good faith233 no suit, prosecution or other legal proceeding shall lie against the government orany officer of the government, or the chairperson, member, officer or other employee of the board or an insolvency professional or liquidator for anything which is in done or intended to be done in good faith under this code or the rules or regulations made thereunder234 the provisions of this code shall have effect, notwithstanding anythinginconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such law20provisions of this code to override other lawspower to make rules235 (1) the central government may, by notification, make rules for carrying out theprovisions of this code(2) without prejudice to the generality of the provisions of sub-section (1), the central government may make rules for all or any of the following matters, namely:—25(a) any other instrument which shall be a financial product under clause (15) ofsection 3;(b) other accounting standards which shall be a financial debt under clause (d)of sub-section (8) of section 5;30(c) the form, the manner and the fee for making application before the adjudicatingauthority for initiating corporate insolvency resolution process by financial creditor under sub-section (2) of section 7;(d) the form in which demand notice may be made to the corporate debtor undersub-section (1) of section 8;35(e) the form, the manner and the fee for making application before the adjudicatingauthority for initiating corporate insolvency resolution process by operational creditor under sub-section (2) of section 9;(f) the form, the manner and the fee for making application before the adjudicatingauthority for initiating corporate insolvency resolution process by corporate applicant under sub-section (2) of section 10;40(g) the persons who shall be relative under clause (ii) of the explanation tosub-section (1) of section 79;(h) the value of unencumbered single dwelling unit owned by the debtor underclause (e) of sub-section (13) of section 79;(i) any other debt under clause (f) of sub-section (14) of section 79;45(j) the form, the manner and the fee for making application for fresh start orderunder sub-section (2) of section 81;(k) the particulars of the debtor's personal details under clause (e) of sub-section (3) of section 81;(l) the information and documents to support application under sub-section (3)of section 86;5(m) the form, the manner and the fee for making application for initiating theinsolvency resolution process by the debtor under sub-section (6) of section 94;(n) the form, the manner and the fee for making application for initiating theinsolvency resolution process by the creditor under sub-section (6) of section 95;(o) the particulars to be provided by the creditor to the resolution professionalunder sub-section (2) of section 103;10(p) the form and the manner for making application for bankruptcy by the debtorunder clause (b) of sub-section (1) of section 122;(q) the form and the manner of the statement of affairs of the debtor undersub-section (3) of section 122;15(r) the other information under clause (d) of sub-section (1) of section 123;(s) the form, the manner and the fee for making application for bankruptcy undersub-section (6) of section 123;(t) the form and the manner in which statement of financial position shall besubmitted under sub-section (2) of section 129;20(u) the matters and the details which shall be include in the public notice undersub-section (2) of section 130;(v) the matters and the details which shall be include in the notice to the creditorsunder sub-section (3) of section 130;25(w) the manner of sending details of the claims to the bankruptcy trustee andother information under sub-sections (1) and (2) of section 131;(x) the value of financial or commercial transaction under clause (d) ofsub-section (1) of section 141;(y) the other things to be done by a bankrupt to assist bankruptcy trustee incarrying out his functions under clause (d) of sub-section (1) of section 150;(z) the manner of dealing with the surplus under sub-section (4) of section 170;30(za) the form and the manner of proof of debt under clause (c) of sub-section (2)of section 171;(zb) the manner of receiving dividends under sub-section (7) of section 171;35(zc) the particulars which the notice shall contain under sub-section (2) ofsection 176;(zd) the salaries and allowances payable to, and other terms and conditions ofservice of, the chairperson and members of the board under sub-section (5) ofsection 189;(ze) the other functions of the board under clause (u) of sub-section (1) ofsection 196;40(zf) the other funds under clause (c) of sub-section (1) of section 222;(zg) the other purposes for which the fund shall be applied under clause (d) ofsub-section (2) of section 222;(zh) the form in which annual statement of accounts shall be prepared under sub-section (1) of section 223;(zi) the purpose for which application for withdrawal of funds may be made, under sub-section (3) of section 224;5(zj) the manner of administering the fund under sub-section (4) of section 224;(zk) the manner of conducting insolvency and liquidation proceedings under section 227;(zl) the form and the time for preparing budget by the board under section 228; (zm) the form and the time for preparing annual report under sub-section (1) of section 229;10(zn) the time upto which a person appointed to any office shall continue to hold such office under clause (vi) of sub-section (2) of section 239236 (1) the board may, by notification, make regulations consistent with this code and the rules made thereunder, to carry out the provisions of this codepower to make regulations15(2) in particular, and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely:—(a) the form and the manner of accepting electronic submission of financial information under sub-clause (a) of clause (9) of section 3;(b) the persons to whom access to information stored with the information utility may be provided under sub-clause (d) of clause (9) of section 3;20(c) the other information under sub-clause (f) of clause (13) of section 3;(d) the other costs under clause (e) of sub-section (13) of section 5;(e) the cost incurred by the liquidator during the period of liquidation which shall be liquidation cost under sub-section (16) of section 5;25(f) the other record or evidence of default under clause (a), and any other information under clause (c), of sub-section (3) of section 7;(g) the electronic mode of communication under sub-section (1),and clause (a)of sub-section (2), of section 8;(h) the other information under clause (d) of sub-section (3) of section 9;30(i) the period under clause (a) of sub-section (3) of section 10; (j) the supply of essential goods or services to the corporate debtor under sub-section (2) of section 14;(k) the manner of making public announcement under sub-section (2) of section 15;35(l) the manner of taking action and the restrictions thereof under clause (b) ofsub-section (2) of section 17;(m) theother persons under clause (d) of sub-section (2) of section 17; (n) the other matters under clause (d) of sub-section (2) of section 17;40(o) the other matters under sub-clause (iv) of clause (a), and the other duties to be performed by the interim resolution professional under clause (g), of section 18;(p) the persons who shall comprise the committee of creditors, the functions to be exercised such committee and the manner in which functions shall be exercised under the proviso to sub-section (8) of section 21;(q) the other electronic means by which the members of the committee of creditors may meet under sub-section (1) of section 24;(r) the manner of assigning voting shareto each creditor under sub-section (7)of section 24;5(s) the manner of conducting the meetings of the committee of creditors undersub-section (8) of section 24;(t) the manner of appointing accountants, lawyers and other advisors underclause (d) of sub-section (2) of section 25;(u) theother actions under clause (k) of sub-section (2) of section 25;10(v) the form and the manner in which an information memorandum shall beprepared by the resolution professional sub-section (1) of section 29;(w) theother matter pertaining to the corporate debtor under the explanation tosub-section (2) of section 29;15(x) the manner of making payment of insolvency resolution process costs underclause (a), the manner of repayment of debts of operational creditors under clause (b),and the other requirements to which a resolution plan shall conform to under clause (d),of sub-section (2) of section 30;(y) the fee for the conduct of the liquidation proceedings and proportion to thevalue of the liquidation estate assets under sub-section (8) of section 34;20(z) the manner of evaluating the assets and property of the corporate debtorunder clause (c), the manner of selling propertyin parcels under clause (f), the mannerof reporting progress of the liquidation process under clause (n), and the other functionsto be performed under clause (o), of sub-section (1) of section 35;25(za) the manner of making the records available to other stakeholders undersub-section (2) of section 35;(zb) the other means under clause (a) of sub-section (3) of section 36;(zc) the other assets under clause (e) of sub-section (4) of section 36;(zd) the other source under clause (g) of sub-section (1) of section 37;30(ze) the manner of providing financial information relating to the corporate debtorunder sub-section (2) of section 37;(zf) the form, the manner and the supporting documents to be submitted byoperational creditor to prove the claim under sub-section (3) of section 38;(zg) the time within which the liquidator shall verify the claims under sub-section(1) of section 39;35(zh) the manner of determining the value of claims under section 41; (zi) the manner of relinquishing security interest to the liquidation estate andreceiving proceeds from the sale of assets by the liquidator under clause (a), and the manner of realising security interest under clause (b) of sub-section (1) of section 52;(zj) the other means under clause (b) of sub-section (3) of section 52;40(zk) the manner in which secured creditor shall be paid by the liquidator undersub-section (9) of section 52;(zl) the period under sub-section (1) of section 53; (zm) the other means under clause (a) and the other information under clause (b)of section 57;(zn) the conditions and procedural requirements under sub-section (2) of section 59;(zo) the details and the documents required to be submitted under sub-section(7) of section 95;5(zp) the other matters under clause (c) of sub-section (4) of section 105;(zq) the manner and form of proxy voting under sub-section (4) of section 107;(zr) the manner and form of proxy voting under sub-section (3) of section 133;(zs) the fee to be charged under sub-section (1) of section 144;(zt) the salaries and allowances payable to, and other terms and conditions of service of, officers and employees of the board under sub-section (3) of section 194;10(zu) the other information under clause (i) of sub-section (1) of section 196;(zv) the intervals in which the periodic study, research and audit of the functioning and performance of the insolvency professional agencies, insolvency professionals and information utilities under clause (r) of sub-section (1) of section 196;15(zw) the place and the time for discovery and production of books of account and other documents under clause (i) of sub-section (3) of section 196;(zx) the other committees to be constituted by the board and the other members of such committees under section 197;(zy) the other persons under clause (b) and clause (d) of section 200;20(zz) the form and the manner of application for registration, the particulars to be contained therein and the fee it shall accompany under sub-section (1) of section 201;(zza) the form and manner of issuing a certificate of registration and the termsand conditions thereof, under sub-section (3) of section 201;(zzb) the manner of renewal of the certificate of registration and the fee therefor, under sub-section (4) of section 201;25(zzc) the other ground under clause (d) of sub-section (5) of section 201;(zzd) the form of appeal to the national company law appellate tribunal, the periodwithin which it shall be filed under section 202;(zze) the other informationunder clause (g) of section 204;30(zzf) the other grounds under explanation to section 205; (zzg) the setting up of a governing board for its internal governance and management under clause (e), the curriculum under clause (l), the manner of conducting examination under clause (m), of section 205;35(zzh) the form and manner of posting performance bond with the board under clause (a), and the amount of performance security and the manner of depositingof performance security under clause (b), of sub-section (1) of section 206;(zzi) the means for determining the liability of insolvency professionals under sub-section (4) of section 206;40(zzj) the time within which, the manner in which, and the fee for registration of insolvency professional under sub-section (2) of section 207;(zzk) the manner and the conditions subject to which the insolvency professional shall perform his function under clause (f) of sub-section (2) of section 208;(zzl) the form and manner in which, and the fee for registration of information utility under sub-section (1) of section 210;(zzm) the form and manner for issuing certificate of registration and the terms and conditions thereof, under sub-section (3) of section 210;(zzn) the manner of renewal of the certificate of registration and the fee therefor, under sub-section (4) of section 210;5(zzo) the other groundunder clause (d) of sub-section (5) of section 210;(zzp) the form, the period and the manner of filling appeal to the national companylaw appellate tribunal under section 211;(zzq) the number of independent members under section 212;10(zzr) the services to be provided by information utility and the terms andconditions under section 213;(zzw) the form and manner of accepting electronic submissions of financialinformation under clause (b) and clause (c) of section 214;(zzt) the minimum service quality standards under clause (d) of section 214;15(zzu) the information to be accessed and the manner of accessing such informationunder clause (f) of section 214;(zzv) the statistical information to be published under clause (g) of section 214;(zzw) the form, the fee and the manner for submitting or accessing informationunder sub-section (1) of section 215;20(zzx) the form and manner for submitting financial information and informationrelating to assets under sub-section (2) of section 215;(zzy) the manner and the time within which errors may be corrected, updated or modified under clause (a) of sub-section (1) of section 216;(zzz) the extent, the circumstances and the manner for providing informationunder sub-section (2) of section 216;25(zzza) the form and manner of filing complaint under section 217; (zzzb) the time and manner of carrying out inspection or investigation undersub-section (2) of section 218;30(zzzc) the manner of carrying out inspection of insolvency professional agencyor insolvency professional or information utility and the time for giving reply under section 219;(zzzd) the other funds of clause (c) of sub-section (1) of section 222;3 the matters in respect of which rules may be made or notification issued 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 character35rules, regulations and bye-laws to be laid before parliament40237 every rule, every regulation and every bye-law made under this code shall belaid, 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 bye-law or both houses agree that the rule, regulation or bye-law should not be made, the rule, regulation or bye-law shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule, regulation or bye-lawpower to remove difficulties238 (1) if any difficulty arises in giving effect to the provisions of this code, thecentral government may, by order, published in the official gazette, make such provisions not inconsistent with the provisions of this code as may appear to be necessary for removing the difficulty:5 provided that no order shall be made under this section after the expiry of five yearsfrom the commencement of this code(2) every order made under this section shall be laid, as soon as may be after it is made, before each house of parliament239 (1) the presidency towns insolvency act, 1909 and the provincial insolvencyact, 1920 are hereby repealed103 of 1909repeal ofcertain enactments and savings5 of 1920(2) notwithstanding the repeal under sub-sections (1)—3 of 1909 5 of 1920 15(i) all proceedings pending under and relating to the presidency townsinsolvency act, 1909, and the provincial insolvency act 1920, immediately before the commencement of this code shall continue to be governed under the aforementioned acts and be heard and disposed of by the concerned courts or tribunals, as if the aforementioned acts have not been repealed;20(ii) any order, rule, notification, regulation, appointment, conveyance, mortgage,deed, document or agreement made, fee directed, resolution passed, direction given, proceeding taken, instrument executed or issued, or thing done under or in pursuance of any repealed enactment shall, if in force at the commencement of this code, continue to be in force, and shall have effect as if the aforementioned acts have not been repealed;25(iii) anything done or any action taken or purported to have been done or taken,including any rule, notification, inspection, order or notice made or issued or any appointment or declaration made or any operation undertaken or any direction given or any proceeding taken or any penalty, punishment, forfeiture or fine imposed under the repealed enactments shall be deemed valid;30(iv) any principle or rule of law, or established jurisdiction, form or course ofpleading, practice or procedure or existing usage, custom, privilege, restriction orexemption shall not be affected, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in, or from, the repealed enactments;35(v) any prosecution instituted under the repealed enactments and pendingimmediately before the commencement of this code before any court or tribunal shall, subject to the provisions of this code, continue to be heard and disposed of by the concerned court or tribunal;(vi) any person appointed to any office under or by virtue of any repealedenactment shall continue to hold such office until such time as may be prescribed; and40(vii) any jurisdiction, custom, liability, right, title, privilege, restriction, exemption,usage, practice, procedure or other matter or thing not in existence or in force shall not be revised or restored10 of 189740(3) the mention of particular matters in sub-section (2) shall not be held to prejudicethe general application of section 6 of the general clauses act, 1897 with regard to the effect of repeal of the repealed enactments or provisions of the enactments mentioned in the schedule2 of 1974special court18 of 2013240 notwithstanding anything in the code of criminal procedure, 1973, offencesunder part ii and offences by any insolvency professional under part iii of this code shall be tried by the special court established under chapter xxviii of the companies act, 2013transitional provisions5 241 (1) until the board is constituted or a financial sector regulator is designatedunder section 195, as the case may be, the powers and functions of the board or such designated financial sector regulator, including its power to make regulations, shall be exercised by the central government(2) without prejudice to the generality of the power under sub-section (1), the central government may by regulations provide for the following matters, namely:—10(a) recognition of persons, categories of professionals and persons havingsuch qualifications and experience in the field of finance, law, management or insolvency as it deems necessary, as insolvency professionals and insolvency professional agencies under this code;15(b) recognition of persons with technological, statistical, and data protectioncapability as it deems necessary, as information utilities under this code; and(c) conduct of the corporate insolvency resolution process, insolvency resolutionprocess, liquidation process, fresh start process and bankruptcy process under this code20242 the indian partnership act, 1932 shall be amended in the manner specified in thefirst schedule243 the central excise act, 1944 shall be amended in the manner specified in thesecond scheduleamendmentsof act ix of 1932amendments of act 1 of 1944244 the income-tax act, 1961 shall be amended in the manner specified in thethird scheduleamendmentsof act 43 of 196125amendments of act 52 of 1962245 the customs act, 1962 shall be amended in the manner specified in thefourth scheduleamendments ofact 51 of 1993246 the recovery of debts due to banks and financial institutions act, 1993 shall beamended in the manner specified in the fifth scheduleamendments of act 32 of 199430247 the finance act, 1994 shall be amended in the manner specified in thesixth schedule248 the securitisation and reconstruction of financial assets and enforcement ofsecurity interest act, 2002 shall be amended in the manner specified in the seventh schedule249 the sick industrial companies (special provisions) repeal act, 2003 shall beamended in the manner specified in the eighth schedule35250 the payment and settlement systems act, 2007 shall be amended in the mannerspecified in the ninth schedule251 the limited liability partnership act, 2008 shall be amended in the mannerspecified in the tenth schedule40252 the companies act, 2013 shall be amended in the manner specified in theeleventh scheduleamendments of act 54 of 2002 amendmentsof act 1of 2004amendments of act 51 of 2007 amendmentsof act 6 of 2009amendmentsof act 18 of 2013 the first schedule (see section 242) amendment to the indian partnership act, 1932 (ix of 1932)51 in section 41, clause (a) shall be omitted the second schedule(see section 243) amendment of the central excise act, 1944 (1 of 1944)101 in section 11e, for the words, figures and brackets "and the securitisation and reconstruction of financial assets and the enforcement of security interest act, 2002 (54 of 2002)", the words, figures and brackets "the securitisation and reconstruction of financial assets and the enforcement of security interest act, 2002 (54 of 2002) and the insolvency and bankruptcy code, 2015" shall be substituted15 the third schedule (see section 244) amendment to the income-tax act, 1961 (43 of 1961)20in sub-section (6) of section 178, after the words "for the time being in force", the words and figures "except the provisions of the insolvency and bankruptcy code, 2015" shall be inserted the fourth schedule (see section 245) amendment to the customs act, 1962(52 of 1962)2530in section 142a, for the words and figures "and the securitisation and reconstruction of financial assets and the enforcement of security interest act, 2002", the words and figures " the securitisation and reconstruction of financial assets and the enforcement of security interest act, 2002 and the insolvency and bankruptcy code, 2015" shall be substituted the fifth schedule (see section 246) amendment to the recovery of debts due to banks and financial institutions act, 199335 (51 of 1993)1 in the long title, after the words "financial institutions", the words ", insolvency resolution and bankruptcy of individuals and partnership firms" shall be inserted, namely:—2 in section 1,—(a) in sub-section (1), for the words "due to banks and financial institutions", the words "and bankruptcy" shall be substituted;40(b) in sub-section (4), for the words " the provisions of this act", the words"save as otherwise provided, the provisions of this act", shall be substituted3 in section 3, after sub-section (1), the following sub-section shall be inserted, namely:—5 "(1a) the central government shall by notification establish such number of debts recovery tribunals and its benches as it may consider necessary, to exercise the jurisdiction, powers and authority of the adjudicating authority conferred on such tribunal by or under the insolvency and bankruptcy code, 2015" 4 in section 8, after sub-section (1), the following section shall be inserted, namely:—10"(1a) the central government shall, by notification, establish such number of debt recovery appellate tribunals to exercise jurisdiction, powers and authority to entertain appeal against the order made by the adjudicating authority under part iii of the insolvency and bankruptcy code, 2015" 5 in section 17,— (i) after sub-section (1), the following sub-section shall be inserted, namely:— "(1a) without prejudice to sub-section (1),—15(a) the tribunal shall exercise, on and from the date to be appointed by the central government, the jurisdiction, powers and authority to entertain and decide applications under part iii of the insolvency and bankruptcy code, 201520(b) the tribunal shall have circuit sittings in all district headquarters" (ii) after sub-section (2), the following sub-section shall be inserted, namely:—25"(2a) without prejudice to sub-section (2), the appellate tribunal shall exercise, on and from the date to be appointed by the central government, the jurisdiction, powers and authority to entertain appeals against the order made by the adjudicating authority under part iii of the insolvency and bankruptcy code, 2015"6 after section 19, the following section shall be inserted, namely:—30"19a the application made to tribunal for exercising the powers of the adjudicating authority under the insolvency and bankruptcy code, 2015 shall be dealt with in the manner as provided under that code" 7 in section 20, in sub-section (4), after the word, brackets and figure "sub-section(1)", the words, brackets and figures "or under sub-section (1) of section 181 of the insolvency and bankruptcy code, 2015" shall be inserted the sixth schedule35 (see section 247) amendment to the finance act, 1994 (32 of 1994) in section 88, for the words and figures "and the securitisation and reconstruction of financial assets and the enforcement of security interest act, 2002", the words and figures " the securitisation and reconstruction of financial assets and the enforcement of security interest act, 2002 and the insolvency and bankruptcy code, 2015" shall be substituted the seventh schedule (see section 248) amendment to the securitization and reconstruction of financial assets and enforcement of security interest act, 20025 (54 of 2002)in section 13, in sub-section (9), for the words "in the case of", the words and figures"subject to the provisions of the insolvency and bankruptcy code, 2015, in the case of" shall be substituted the eighth schedule10 (see section 249) amendment to the sick industrial companies (special provisions) repeal act, 2003 (1 of 2004)in section 4, for sub-clause (b), the following sub-clause shall be substituted, namely:—15"(b) on such date as may be notified by the central government in this behalf, any appeal preferred to the appellate authority or any reference made or inquiry pending to or before the board or any proceeding of whatever nature pending before the appellate authority or the board under the sick industrial companies (special provisions) act,1985 shall stand abated:20 provided that a company in respect of which such appeal or reference or inquiry stands abated under this clause may make reference to the national company law tribunal under the insolvency and bankruptcy code, 2015 within one hundred and eighty days from the commencement of the insolvency and bankruptcy code, 2015 in accordance with the provisions of the insolvency and bankruptcy code, 2015:25 provided further that no fees shall be payable for making such reference under insolvency and bankruptcy code, 2015 by a company whose appeal or reference or inquiry stands abated under this clause" the ninth schedule (see section 250) amendment to the payment and settlement systems act, 200730 (51 of 2007)in section 23, in sub-section (4), after the words and figures "the banking regulation act, 1949", the words and figures "or the insolvency and bankruptcy code, 2015" shall be inserted the tenth schedule35 (see section 251) amendment to the limited liability partnership act, 2008 (6 of 2009)in section 64, clause (c) shall be omitted the eleventh schedule (see section 252) amendments to the companies act, 2013 (18 of 2013)in section 2,—5(a)for clause (23) the following clause shall be substituted, namely:—'(23) "company liquidator", means a person appointed by the tribunal as the company liquidator in accordance with the provisions of section 275 of this act for the winding up of a company under this act' (b) after clause (94) the following clause shall be inserted, namely:—10"(94a) "winding up" means winding up under this act or liquidation under the insolvency and bankruptcy code, 2015, as applicable"152 in sub-section (9) of section 8, for the words "the rehabilitation and insolvency fund formed under section 269", the words "insolvency and bank ruptey fund for used under section 224 of the insolvency and bankruptry code, 2015" shall be substituted3 in sub-section (8) of section 66, for the words, brackets and figures "the company is unable, within the meaning of sub-section (2) of section 271, to pay the amount of his debt or claim," the words and figures "a default, within the meaning of section 6 of the insolvency and bankruptcy code, 2015, has occurred on his debt or claim," shall be substituted204 in sections 77 and 230, after the words "the liquidator", wherever they occur, the words and figures "under this act or the insolvency and bankruptcy code, 2015, as the case may be," shall be inserted255in clause (f) of sub-section (3) of section 117, for the words and figures "section304", the words and figures "section 56 of the insolvency and bankruptcy code, 2015 " shall be substituted6 in sub-section (2) of section 224, after the words "wound up under this act", the words and figures "or the insolvency and bankruptcy code, 2015" shall be inserted7 for clause (e) of sub-section (1) of section 249, the following clause shall be substituted, namely:—30"(e) is being wound up under chapter xx of this act or the insolvency and bankruptcy code, 2015"8 sections 253 to 268 shall be omitted9 section 269 shall be omitted 10 for section 270, the following section shall be substituted, namely:—35"270 the provisions of this act with respect to winding up shall apply to the winding up of a company by the tribunal under this act"11 for section 271, the following section shall be substituted, namely:— "271 a company may, on a petition under section 272, be wound up by the tribunal,—40(a) if the company has, by special resolution, resolved that the companybe wound up by the tribunal;circumstances in which company may be wound up by tribunal(b) if the company has acted against the interests of the sovereignty andintegrity of india, the security of the state, friendly relations with foreign states, public order, decency or morality;45(c) if on an application made by the registrar or any other person authorisedby the central government by notification under this act, the tribunal is of the opinion that the affairs of the company have been conducted in a fraudulent manner or the company was formed for fraudulent and unlawful purpose or the persons concerned in the formation or management of its affairs have beenguilty of fraud, misfeasance or misconduct in connection therewith and that it is proper that the company be wound up;5(d) if the company has made a default in filing with the registrar its financial statements or annual returns for immediately preceding five consecutive financial years; or(e) if the tribunal is of the opinion that it is just and equitable that the company should be wound up"12 for section 272, the following section shall be substituted, namely:—petition for winding up10"272 (1) subject to the provisions of this section, a petition to the tribunal for the winding up of a company shall be presented by—(a) the company; (b) any contributory or contributories; (c) all or any of the persons specified in clauses (a) and (b) together;(d) the registrar;15(e) any person authorised by the central government in that behalf; or (f) in a case falling under clause (b) of section 271, by the central government or a state government2025(2) a contributory shall be entitled to present a petition for the winding up of a company, notwithstanding that he may be the holder of fully paid-up shares, or that the company may have no assets at all or may have no surplus assets left for distribution among the shareholders after the satisfaction of its liabilities, and shares in respect of which he is a contributory or some of them were either originally allotted to him or have been held by him, and registered in his name, for at least six months during the eighteen months immediately before the commencement of the winding up or have devolved on him through the death of a former holder(3) the registrar shall be entitled to present a petition for winding up under section 271, except on any of the grounds specified in except on the grounds specified in clause (a) or clause (e) of that sub-section:provided that the registrar shall obtain the previous sanction of the central government to the presentation of a petition:30provided also that the central government shall not accord its sanction unless the company has been given a reasonable opportunity of making representations35(4) a petition presented by the company for winding up before the tribunal shall be admitted only if accompanied by a statement of affairs in such form and in such manner as may be prescribed(5) a copy of the petition made under this section shall also be filed with the registrar and the registrar shall, without prejudice to any other provisions, submit his views to the tribunal within sixty days of receipt of such petition"13 in section 275,—40(a) for sub-section (2) the following sub-section shall be substituted, namely:—"(2) the provisional liquidator or the company liquidator, as the case may, shall be appointed by the tribunal from amongst the insolvency professionals registered under the insolvency and bankruptcy code, 2015" (b) sub-section (4) shall be omitted14 for section 280, the following section shall be substituted, namely:—jurisdiction of tribunal"280 the tribunal shall, notwithstanding anything contained in any other law for the time being in force, have jurisdiction to entertain, or dispose of,—(a) any suit or proceeding by or against the company;5(b) any claim made by or against the company, including claims by or againstany of its branches in india;(c) any application made under section 233;10(d) any question of priorities or any other question whatsoever, whether of lawor facts, including those relating to assets, business, actions, rights, entitlements, privileges, benefits, duties, responsibilities, obligations or in any matter arising out of, or in relation to winding up of the company,15whether such suit or proceeding has been instituted, or is instituted, or such claim or question has arisen or arises or such application has been made or is made or such scheme has been submitted, or is submitted, before or after the order for the winding up of the company is made"15 section 289 shall be omitted 16 sections 304 to 323 shall be omitted 17 section 325 shall be omitted 18 for section 326, the following section shall be substituted, namely:—20"326 (1) in the winding up of a company under this act, the following debtsshall be paid in priority to all other debts:overriding preferential payments(a) workmen's dues; and25(b) where a secured creditor has realised a secured asset, so much of thedebts due to such secured creditor as could not be realised by him or the amount of the workmen's portion in his security (if payable under the law), whichever is less, pari passu with the workmen's dues:30provided that in case of the winding up of a company, the sums referred to in sub-clauses (i) and (ii) of clause (b) of the explanation, which are payable for a period of two years preceding the winding up order or such other period as may be prescribed, shall be paid in priority to all other debts (including debts due to secured creditors), within a period of thirty days of sale of assets and shall be subject to such charge over the security of secured creditors as may be prescribed35(2) the debts payable under the proviso to sub-section (1) shall be paid in full beforeany payment is made to secured creditors and thereafter debts payable under that sub-section shall be paid in full, unless the assets are insufficient to meet them, in which case they shall abate in equal proportionsexplanation—for the purposes of this section, and section 327—40(a) "workmen'', in relation to a company, means the employees of the company, being workmen within the meaning of clause (s) of section 2 of the industrial disputes act, 1947;(b) "workmen's dues'', in relation to a company, means the aggregate of the following sums due from the company to its workmen, namely:—45(i) all wages or salary including wages payable for time or piece work andsalary earned wholly or in part by way of commission of any workman in respect of services rendered to the company and any compensation payable to any workman under any of the provisions of the industrial disputes act, 1947;14 of 1947(ii) all accrued holiday remuneration becoming payable to any workmanor, in the case of his death, to any other person in his right on the termination of his employment before or by the effect of the winding up order or resolution;5(iii) unless the company is being wound up voluntarily merely for the purposes of reconstruction or amalgamation with another company or unless the company has, at the commencement of the winding up, under such a contract with insurers as is mentioned in section 14 of the workmen's compensation act, 1923, rights capable of being transferred to and vested in the workmen, all amount due in respect of any compensation or liability for compensation under the said act in respect of the death or disablement of any workman of the company;10(iv) all sums due to any workman from the provident fund, the pension fund, the gratuity fund or any other fund for the welfare of the workmen, maintained by the company;15(c) "workmen's portion'', in relation to the security of any secured creditor of a company, means the amount which bears to the value of the security the same proportion as the amount of the workmen's dues bears to the aggregate of the amount of workmen's dues and the amount of the debts due to the secured creditors illustration20the value of the security of a secured creditor of a company is rs 1,00,000 the total amount of the workmen's dues is rs 1,00,000 the amount of the debts due from the company to its secured creditors is rs 3,00,000 the aggregate of the amount of workmen's dues and the amount of debts due to secured creditors is rs 4,00,000 the workmen's portion of the security is, therefore, one-fourth of the value of the security, that is rs 25,000"in section 327,— (a) after sub-section (6), the following sub-section shall be inserted, namely:—25"(7) sections 326 and 327 shall not be applicable in the event of liquidation under the insolvency and bankruptcy code 2015"(b) in the explanation for clause (c), the following clause shall be substituted, namely:—30'(c) the expression "relevant date" means in the case of a company being wound up by the tribunal, the date of appointment or first appointment of a provisional liquidator, or if no such appointment was made, the date of the winding up order, unless, in either case, the company had commenced to be wound up voluntarily before that date under the insolvency and bankruptcy code 2015'20 for section 329, the following section shall be substituted, namely:—35transfers not in good faith to be void40"329 any transfer of property, movable or immovable, or any delivery of goods,made by a company, not being a transfer or delivery made in the ordinary course of its business or in favour of a purchaser or encumbrance in good faith and for valuable consideration, if made within a period of one year before the presentation of a petition for winding up by the tribunal under this act shall be void against the company liquidator"21 for section 334, the following section shall be substituted, namely:—"334 in the case of a winding up by the tribunal, any disposition of the property, including actionable claims, of the company, and any transfer of shares in the company or alteration in the status of its members, made after the commencement of the winding up, shall, unless the tribunal otherwise orders, be void"transfer, etc, after commencement of winding up to be void4522 in sub-section (1) of section 336,—(a) for the words ", whether by the tribunal or voluntarily, ", the words "by the tribunal under this act"; shall be substituted;(b) for the words "or which subsequently passes a resolution for voluntary winding up,", the words "under this act", shall be substituted 23 in section 337, for the words "or which subsequently passes a resolution for voluntary winding up,", the words "under this act", shall be substituted524 sub-sections (2), (3) and (4) of section 342 shall be omitted25 for sub-section (1) of section 343, the following sub-section shall be substituted, namely:—"(1) the company liquidator may, with the sanction of the tribunal, when the company is being wound up by the tribunal—(i) pay any class of creditors in full;10(ii) make any compromise or arrangement with creditors or persons claimingto be creditors, or having or alleging themselves to have any claim, present or future, certain or contingent, against the company, or whereby the company may be rendered liable; or1520(iii) compromise any call or liability to call, debt, and liability capable of resulting in a debt, and any claim, present or future, certain or contingent, ascertained or sounding only in damages, subsisting or alleged to subsist between the company and a contributory or alleged contributory or other debtor or person apprehending liability to the company, and all questions in any way relating to or affecting the assets or liabilities or the winding up of the company, on such terms as may be agreed, and take any security for the discharge of any such call, debt, liability or claim, and give a complete discharge in respect thereof"2526 for sub-section (1) of section 347, the following sub-section shall be substituted, namely:—"(1) when the affairs of a company have been completely wound up and it is about to be dissolved, its books and papers and those of the company liquidator may be disposed of in such manner as the tribunal directs"3027 for sub-section (1) of section 348, the following sub-section shall be substituted, namely:—35"(1) if the winding up of a company is not concluded within one year after its commencement, the company liquidator shall, unless he is exempted from so doing either wholly or in part by the central government, within two months of the expiry of such year and thereafter until the winding up is concluded, at intervals of not more than one year or at such shorter intervals, if any, as may be prescribed, file a statement in such form containing such particulars as may be prescribed, duly audited, by a person qualified to act as auditor of the company, with respect to the proceedings in, and position of, the liquidation, with the tribunal:40provided that no such audit as is referred to in this sub-section shall be necessary where the provisions of section 294 apply"28 for section 357, the following section shall be substituted, namely:—"357 the winding up of a company by the tribunal under this act shall be deemed to commence at the time of the presentation of the petition for the winding up"4529 in section 370, in the proviso, after the words "obtained for the winding up the company", the words "in accordance with the provisions of this act or of the insolvency and bankruptcy code, 2015" shall be inserted30 in section 372, after the words "the provisions of this act", the words "or the insolvency and bankruptcy code, 2015, as applicable" shall be inserted531 in clause (b) of sub-section (3) of section 375, for the words "is unable to pay its debts", the words "has defaulted on its debts, within the meaning of the insolvency and bankruptcy code, 2015" shall be inserted32 sub-section (4) of section 375 shall be omitted33 in sub-section (1) of section 377, after the words "winding up of companies by the tribunal", the words ", or the provisions of the insolvency and bankruptcy code, 2015" shall be inserted1034 for sub-section (4) of section 419, the following sub-section shall be substituted, namely—15"(4) the central government shall by notification establish such number of benches of the tribunal as it may consider necessary, to exercise the jurisdiction, powers and authority of the adjudicating authority conferred on such tribunal by or under part ii of the insolvency and bankruptcy code, 2015: provided a bench of the tribunal established under this sub-section shall have at least one judicial member"35 in sub-section (1) of section 424,—(i) after the words, "other provisions of this act", the words "or the insolvency and bankruptcy code, 2015" shall be inserted;20(ii) after the words, "under this act", the words "or the insolvency and bankruptcy code, 2015" shall be inserted 36 in sub-section (1) of section 429,—25(i) for the words "relating to a sick company or winding up of any other company", the words "under the insolvency and bankruptcy code, 2015 or winding up of a company under this act" shall be substituted;(ii) for the words "of such sick or other company", the words "of the relevant legal person" shall be substituted 37 for section 434, the following section shall be substituted, namely:—30"434 (1) on such date as may be notified by the central government in this behalf,—transfer of certain pending proceedings35(a) all matters, proceedings or cases pending before the board of company lawadministration (herein in this section referred to as the company law board) constituted under sub-section (1) of section 10e of the companies act, 1956, immediately before such date shall stand transferred to the tribunal and the tribunal shall dispose of such matters, proceedings or cases in accordance with the provisions of this act;(b) any person aggrieved by any decision or order of the company law boardmade before such date may file an appeal to the high court within sixty days from the date of communication of the decision or order of the company law board to him on any question of law arising out of such order:40 provided that the high court may if it is satisfied that the appellant was prevented by sufficient cause from filing an appeal within the said period, allow it to be filed within a further period not exceeding sixty days; and45(c) all proceedings under the companies act, 1956, including proceedings relatingto arbitration, compromise, arrangements and reconstruction and winding up of companies, pending immediately before such date before any district court orhigh court, shall stand transferred to the tribunal and the tribunal may proceed to deal with such proceedings from the stage before their transfer: provided that only such proceedings relating to the winding up of companies shall be transferred to the tribunal that are at a stage as may be prescribed by the central government5(2) the central government may make rules consistent with the provisions of this code to ensure timely transfer of all matters, proceedings or cases pending before the company law board or the courts, to the tribunal under this section"38 for sub-section (2) of section 468, the following section shall be substituted, namely:—10"(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:—(i) as to the mode of proceedings to be held for winding up of a company by the tribunal under this act;15(ii) for the holding of meetings of creditors and members in connection withproceedings under section 230;(iii) for giving effect to the provisions of this act as to the reduction of thecapital;(iv) generally for all applications to be made to the tribunal under the provisions of this act;20(v) the holding and conducting of meetings to ascertain the wishes of creditorsand contributories;(vi) the settling of lists of contributories and the rectifying of the register of members where required, and collecting and applying the assets;25(vii) the payment, delivery, conveyance, surrender or transfer of money, property,books or papers to the liquidator;(viii) the making of calls; and(ix) the fixing of a time within which debts and claims shall be proved"39 for clause (b) of section iii of schedule v, the following clause shall be substituted, namely:—30"(b) where the company—(i) is a newly incorporated company, for a period of seven years from the date of its incorporation; or35(ii) is a sick company, for whom a scheme of revival or rehabilitation has been ordered by the board for industrial and financial reconstruction for a period of five years from the date of sanction of scheme of revival;(iii) is a company in relation to which a resolution plan has been approved by the national company law tribunal under the insolvency and bankruptcy code, 2015 for a period of five years from the date of such approval, it may pay remuneration up to two times the amount permissible under section ii" statement of objects and reasonsthere is no single law in india that deals with insolvency and bankruptcy provisions relating to insolvency and bankruptcy for companies can be found in the sick industrial companies (special provisions) act, 1985, the recovery of debt due to banks and financial institutions act, 1993, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 and the companies act, 2013 these statutes provide for creation of multiple fora such as board of industrial and financial reconstruction (bifr), debt recovery tribunal (drt) and national company law tribunal (nclt) and their respective appellate tribunals liquidation of companies is handled by the high courts individual bankruptcy and insolvency is dealt with under the presidency towns insolvency act, 1909, and the provincial insolvency act, 1920 and is dealt with by the courts the existing framework for insolvency and bankruptcy is inadequate, ineffective and results in undue delays in resolution, therefore, the proposed legislation2 the objective of the insolvency and bankruptcy code, 2015 is to consolidate and amend the laws relating to reorganization and insolvency resolution of corporate persons, partnership firms and individuals in a time bound manner for maximization of value of assets of such persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the priority of payment of government dues and to establish an insolvency and bankruptcy fund, and matters connected therewith or incidental thereto an effective legal framework for timely resolution of insolvency and bankruptcy would support development of credit markets and encourage entrepreneurship it would also improve ease of doing business, and facilitate more investments leading to higher economic growth and development3 the code seeks to provide for designating the nclt and drt as the adjudicating authorities for corporate persons and firms and individuals, respectively, for resolution of insolvency, liquidation and bankruptcy the code separates commercial aspects of insolvency and bankruptcy proceedings from judicial aspects the code also seeks to provide for establishment of the insolvency and bankruptcy board of india (board) for regulation of insolvency professionals, insolvency professional agencies and information utilities till the board is established, the central government shall exercise all powers of the board or designate any financial sector regulator to exercise the powers and functions of the boardinsolvency professionals will assist in completion of insolvency resolution, liquidation and bankruptcy proceedings envisaged in the code information utilities would collect, collate, authenticate and disseminate financial information to facilitate such proceedings the code also proposes to establish a fund to be called the insolvency and bankruptcy fund of india for the purposes specified in the code4 the code seeks to provide for amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, income-tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and the companies act, 20135 the code seeks to achieve the above objectivesnew delhi;arun jaitleythe 17th december, 2015 notes on clausesclause 1 provides for the short title of the bill as the insolvency and bankruptcy code,2015, extent and commencement of code, and for enforcement of the various sections of the code on different datesclause 2 specifies the applicability of the code to companies, limited liability partnerships, partnership firms, individuals and such bodies incorporated under any law for the time being in force, as the central government may notifyclause 3 defines relevant expressions used in the code such corporate persons, corporate debtor, default, insolvency professional, and insolvency agencyclause 4 specifies that part ii of the insolvency and bankruptcy code, 2015 shall deal with all matters relating to the insolvency and liquidation of corporate persons this part of the code proposes to deal with insolvency resolution and liquidation of 'corporate persons' defined as companies, limited liability partnerships, or any other person incorporated with limited liability under any law for the time being in force (subject to the provisions of any special act under which such person is incorporated) insolvency resolution and liquidation of financial service providers is excluded from the scope of code this is because such entities require a special insolvency regime that is specialised given the interconnectedness between such entities and the systemic risk implications for the economy the insolvency resolution and liquidation process of such entities must take into account the interest of the financial system and the economy the provisions of this part shall not apply where the amount of the default is less than rupees one lakh or such other amount as may be specified by the central government not exceeding rupees one croreclause 5 sets out various definitions used in part ii of the code, which deals with insolvency resolution and liquidation of corporate personsclause 6 provides that where a corporate debtor has defaulted in paying a debt that has become due and payable but not repaid, the corporate insolvency resolution process under part ii may be initiated in respect of such corporate debtor by a financial creditor, an operational creditor or the corporate debtor itselfearly recognition of financial distress is very important for timely resolution of insolvency a default based test for entry into the insolvency resolution process permits early intervention such that insolvency resolution proceedings can be initiated at an early stage when the corporate debtor shows early signs of financial distress rather than at the point where it would be difficult to revive it effectively it also provides a simple test to initiate resolution processthis clause permits any financial creditor to initiate the corporate insolvency resolution process where the corporate debtor has defaulted in paying a debt that has become due and payable but not repaid financial creditors are those creditors to whom a financial debt (ie, a debt where the creditor is compensated for the time value of the money lent) is owedfurther, the code also permits the corporate debtor itself to initiate the insolvency resolution process once it has defaulted on a debt additionally, operational creditors (ie, creditors to whom a sum of money is owed for the provision of goods or services or the central/state government or local authorities in respect of payments due to them) are also permitted to initiate the insolvency resolution process this will bring the law in line with international practices, which permit unsecured creditors (including employees, suppliers etc who fall under the definition of operational creditors) to file for the initiation of insolvency resolution proceedingsclause 7 lays down the procedure for the initiation of the corporate insolvency resolution process by a financial creditor or two or more financial creditors jointly the financial creditor can file an application before the national company law tribunal along with proof of default and the name of a resolution professional proposed to act as the interim resolution professional in respect of the corporate debtor the requirement to provide proof of default ensures that financial creditors do not file frivolous applications or applications which prematurely put the corporate debtor into insolvency resolution proceedings for extraneous considerations the adjudicating authority/ tribunal can, within fourteen days from the date of receipt of the application, ascertain the existence of a default from the records of a regulated information utility a default may also be proved in such manner as may be specified by the insolvency and bankruptcy board of indiaonce the adjudicating authority/tribunal is satisfied as to the existence of the default and has ensured that the application is complete and no disciplinary proceedings are pending against the proposed resolution professional, it shall admit the application the adjudicating authority/tribunal is not required to look into any other criteria for admission of the application it is important that parties are not allowed to abuse the legal process by using delaying tactics at the admissions stageclause 8 lays down the procedure for the initiation of the corporate insolvency resolution process by an operational creditor this procedure differs from the procedure applicable to financial creditors as operational debts (such as trade debts, salary or wage claims) tend to be small amounts (in comparison to financial debts) or are recurring in nature and may not be accurately reflected on the records of information utilities at all times the possibility of disputed debts in relation to operational creditors is also higher in comparison to financial creditors such as banks and financial institutions accordingly, the process for initiation of the insolvency resolution process differs for an operational creditoronce a default has occurred, the operational creditor has to deliver a demand notice or a copy of an invoice demanding payment of the debt in default to the corporate debtor the corporate debtor has a period of ten days from the receipt of the demand notice or invoice to inform the operational creditor of the existence of a dispute regarding the debt claim or of the repayment of the debt this ensures that operational creditors, whose debt claims are usually smaller, are not able to put the corporate debtor into the insolvency resolution process prematurely or initiate the process for extraneous considerations it may also facilitate informal negotiations between such creditors and the corporate debtor, which may result in a restructuring of the debt outside the formal proceedingsclause 9 on the expiry of the period of ten days from the date of receipt of the invoice or demand notice under clause 8, if the operational creditor does not receive either the payment of the debt or a notice of existence of dispute in relation to the debt claim from the corporate debtor, he can file an application with the adjudicating authority for initiating the insolvency resolution process in respect of such debtor he also has to furnish proof of default and proof of non-payment of the debt along with an affidavit verifying that there has been no notice regarding the existence of a dispute in relation to the debt claim within fourteen days from the receipt of the application, if the adjudicating authority/tribunal is satisfied as to (a) the existence of a default, and (b) the other criteria laid down in clause 9(5) being met, it shall admit the application the adjudicating authority/tribunal is not required to look into any other criteria for admission of the application it is important that parties are not allowed to abuse the legal process by using delaying tactics at the admissions stageclause 10 provides for the initiation of corporate insolvency resolution process by the corporate debtor itself a corporate applicant (defined as a specific set of persons linked to the corporate debtor) may make an application to the adjudicating authority along with the corporate debtor's books of accounts and such other documents (as may be specified), and the name of a person proposed to be appointed as the interim resolution professional the adjudicating authority shall admit the application within fourteen days from the date of receipt of the application if it is complete since the management of the corporate debtor (and other persons covered in the definition of a corporate applicant) are likely to have the best information about the financial affairs of the corporate debtor, permitting such applicants to initiate the corporate insolvency resolution process would ensure timely intervention that is crucial for any corporate insolvency resolution process to succeed in such cases, the management would have sufficient incentives to cooperate with the resolution professional and the creditors and agree on a resolution plan swiftly and efficientlysince the corporate applicant can only initiate the corporate insolvency resolution process upon the occurrence of a default and not on mere likelihood of inability to pay debts, the corporate applicant cannot trigger the corporate insolvency resolution process prematurely to (potentially) abuse the moratorium provisions further, given the displacement of the management of the corporate debtor during the insolvency resolution process, as envisaged under the code (which can also be permanent, depending on the outcome of the resolution process), corporate applicants (for instance, the controlling promoters) would be deterred from initiating the insolvency resolution process for extraneous considerationsclause 11 lists out the persons who are not eligible to make an application to initiate the corporate insolvency resolution process a corporate debtor which is undergoing a corporate insolvency resolution process (at the time of such application) or has completed a corporate insolvency resolution process in the preceding twelve months is not entitled to file an application for initiating the corporate insolvency resolution process this ensures that corporate debtors cannot have repeated recourse to the corporate insolvency resolution process in order to delay repayment of debts due or to keep assets out of the reach of creditorsa corporate debtor or a financial creditor who has violated any of the terms of the resolution plan that was approved twelve months before making an application for initiating the process is also not entitled to make an application for initiating the corporate insolvency resolution process again in addition to ensuring compliance with the terms of the resolution plan, this would also ensure that corporate debtors or financial creditors do not abuse the corporate insolvency resolution process for extraneous considerationslastly, a corporate debtor in respect of which a liquidation order has been passed is not allowed to initiate the insolvency resolution process again this is to ensure finality of the liquidation orderclause 12 prescribes a time limit of 180 days, extendable by a further 90 days, for the completion of corporate insolvency resolution process the application for the extension can only be made by the resolution professional and has to be supported by a resolution passed at a meeting of the committee of creditors by a majority of 75 per cent of the voting shares (defined as shares of voting rights of financial creditors based on the proportion of financial debt owed to such financial creditors in relation to the overall financial debt) no other person is entitled to seek such an extension of time the adjudicating authority/ tribunal shall have no discretion to extend these time-linesthe well-defined time limits would help the system to avoid many of the problems faced under the sick industrial companies (special provisions) act, 1985 it would ensure that commercially unviable corporate debtors are not kept in the resolution process for long periods (as was very common for proceedings under the sick industrial companies (special provisions) act, 1985) and are liquidated based on decision taken by the financial creditors at the earliest opportunity the time limits would reduce the cost to creditors and other stakeholders (including employees and workmen) of a long-drawn out procedure longdrawn-out proceedings cause depletion in value of the corporate debtor's business, diminish returns to creditors and other stakeholders and lock capital, which could have otherwise been redeployed elsewhere for the benefit of the larger economythis would also enable promoters of failed businesses to exit the venture swiftly and restart through a different entityclause 13 lists the actions that the adjudicating authority shall take once an application for initiating the corporate insolvency resolution process has been admitted the adjudicating authority shall (a) declare a moratorium in accordance with clause 14, (b) cause a public announcement of the initiation of corporate insolvency resolution process with respect to the corporate debtor to be made and call for claims in the manner laid down in clause 15, and (c) appoint the interim resolution professional for the corporate debtor in accordance with clause 16clause 14 describes the effect of the moratorium the purposes of the moratorium include keeping the corporate debtor's assets together during the insolvency resolution process and facilitating orderly completion of the processes envisaged during the insolvency resolution process and ensuring that the company may continue as a going concern while the creditors take a view on resolution of default this also ensures that multiple proceedings are not taking place simultaneously and helps obviate the possibility of potentially conflicting outcomes of related proceedings this also ensures that the resolution process is a collective onethe order under this clause 14 inter alia, prohibits the institution or continuation of suits or any legal proceedings against the corporate debtor, the disposal of any assets of the corporate debtor and debt enforcement actions under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 the moratorium on initiation and continuation of legal proceedings, including debt enforcement action ensures a stand-still period during which creditors cannot resort to individual enforcement action which may frustrate the object of the corporate insolvency resolution process the prohibition on disposal of the corporate debtor's assets would ensure that the corporate debtor or its management is not able to transfer its assets, thereby stripping the corporate debtor of value during the corporate insolvency resolution process the moratorium also extends to recovery of any property occupied by or in possession of the corporate debtor it also prevents the termination of a contract that provides for supply of such essential goods and services as may be specified access to certain goods and services during the insolvency resolution process may be important for ensuring orderly completion of the proceedings however, the costs for such goods or services will have to be paid in priority to other costs as part of a resolution plan or during distribution of assets, in case the corporate debtor goes into liquidationclause 14 also prescribes the period for which the moratorium will be in effect the moratorium will continue to be in effect till the completion of the corporate insolvency resolution process or the approval of a resolution plan by the adjudicating authority or the resolution of the committee of creditors to liquidate the corporate debtor, whichever is earlierthe central government has been given the power to notify transactions (in consultation with the appropriate financial sector regulators), which will be exempted from the moratorium in the interest of smooth functioning of the financial marketsclause 15 lists the particulars that a public announcement of the initiation of the corporate insolvency resolution process for the corporate debtor shall contain in particular, the public announcement shall include information relevant to creditors such as the last date for the submission of claims and details of the interim resolution professional responsible for receiving claimsclause 16 provides for the appointment of the interim resolution professional by the adjudicating authority within fourteen days from the date of admission of the application under clauses 7, 9 or 10 where the corporate insolvency resolution process has been initiated in respect of a corporate debtor on an application by a financial creditor or the corporate debtor itself, the insolvency professional whose name has been proposed in the application shall be appointed by the adjudicating authority where the corporate insolvency resolution process has been initiated on an application by an operational creditor and no resolution professional has been proposed, then the adjudicating authority shall make a reference to the insolvency and bankruptcy board of india for recommending the name of a person to be appointed as the interim resolution professional if the operational creditor proposes a resolution professional, the adjudicating authority may appoint such professional as the interim resolution professional subject to compliance with necessary conditions the board shall recommend the name of a resolution professional who meets the criteria stipulated in clause 16(3) within ten days from the receipt of the referencethe interim resolution professional is a significant actor in the corporate insolvency resolution process he performs various functions such as the collection of claims, the collection of information about the corporate debtor, the constitution of the committee of creditors and the interim management of the company's affairs and monitoring of the company's assets till a resolution professional is appointed the interim resolution professional is appointed for a period of thirty days from the date of his appointmentclause 17 provides that once the interim resolution professional has been appointed, the management of the corporate debtor is taken over by him the powers of the board of directors or the partners of the corporate debtor, as the case may be, are suspended the officers and managers of the corporate debtor shall report to the interim resolution professional and cooperate with him in providing access to documents and records of the corporate debtorthis provision has been inserted keeping in mind the experience under the sick industrial companies (special provisions) act, 1985 of a debtor-in-possession regime various committee reports, which studied the regime under the sick industrial companies (special provisions) act, 1985 pointed towards the debtor-in-possession regime as one of its fatal flaws a debtor-in-possession regime allows the existing management to remain in possession of the entity during the resolution process past experience suggests that a debtor-inpossession regime gives incentives to the management to propose and implement risky rescue measures, as the costs of failure (leading to liquidation) would largely be borne by creditors further, given the informational advantage that existing managers (who are typically under control of controlling promoters) have over other stakeholders, giving them control over the corporate debtor during the corporate insolvency resolution process may result in them proposing risky measures or worse, siphoning off assets or resorting to delaying tactics to extract concessions from creditorsclause 17(2) also lists out the various powers that an interim resolution professional shall have, including the power to do all acts and execute documents in the name of the corporate debtor these powers are important for effectively discharging his responsibilitiesclause 18 lists out the various duties of an interim resolution professional these include collection of all financial information relating to the corporate debtor, receipt and collation of debt claims, constitution of a committee of creditors, taking control over and monitoring the assets of the corporate debtor and filing the information collected with an information utility, if required clause 18 also specifies the assets that cannot be taken over these duties have to be discharged by the interim resolution professional within a short timeframe, given that his appointment is only for a period of thirty days this will significantly speed up the corporate insolvency resolution processclause 19 imposes an obligation on the personnel and promoters of the corporate debtor to extend all assistance and cooperation required by the interim resolution professional in the management of the affairs of the corporate debtor personnel is defined to mean the employees, directors, managers, key managerial personnel and designated partners, if any of the corporate debtor this is required to help the interim resolution professional to effectively discharge his dutieswhere the personnel of the corporate debtor or any other person required to co-operate with the interim resolution professional (such other person may include a contractual counterparty, supplier, service provider, and auditor) do not extend cooperation or assistance to the interim resolution professional, the interim resolution professional may apply to the adjudicating authority for an order the adjudicating authority may, by order, direct the person to comply with the instructions of the interim resolution professional or to provide information to the interim resolution professionalclause 20 lays down that the interim resolution professional has to manage the operations of the corporate debtor as a going concern to enable him to protect and preserve the value of the property of the corporate debtor these include the power to appoint accountants, legal counsel or such other professionals who may provide specialist advice to the interim resolution professional such professionals may include turnaround specialists and management experts additionally, the interim resolution professional has the power to raise interim finance and to enter into, amend or modify contracts on behalf of the corporate debtor however, any interim finance raised by providing security of an encumbered property of the corporate debtor will require prior permission of the concerned creditor if a financially distressed corporate debtor is to be able to successfully pull itself out of insolvency resolution proceedings, continued trading during the course of proceedings is to be facilitated for this purpose, such a debtor often needs access to external finance however, once a company enters the insolvency resolution proceedings, it may find it extremely difficult to obtain credit, as few lenders would be willing to lend to a troubled debtor one of the primary issues which lead to the breakup of economically valuable businesses in financial distress is the debt overhang problem which entails that any fresh capital (which is needed to bolster the working capital needs of the distressed debtor and kick start its recovery) is not forthcoming as it will almost entirely be used up in debt payments to the existing creditors in order to address this issue, such interim finance is to be treated as part of the insolvency resolution costs and repaid in priority to other debt as part of resolution plan such priority also applies in distribution of assets in case the corporate debtor goes into liquidationclause 21 provides for the constitution of a committee of creditors by the interim resolution professional the committee of creditors are composed of all the financial creditors of the corporate debtor, excluding related parties of the corporate debtorthe committee has to be composed of members who have the capability to assess the commercial viability of the corporate debtor and who are willing to modify the terms of the debt contracts in negotiations between the creditors and the corporate debtor operational creditors are typically not able to decide on matters relating to commercial viability of the corporate debtor, nor are they typically willing to take the risk of restructuring their debts in order to make the corporate debtor a going concern similarly, financial creditors who are also operational creditors will be given representation on the committee of creditors only to the extent of their financial debts nevertheless, in order to ensure that the financial creditors do not treat the operational creditors unfairly, any resolution plan must ensure that the operational creditors receive an amount not less than the liquidation value of their debt (assuming the corporate debtor were to be liquidated)all decisions of the committee shall be taken by a vote of not less than seventy-five per cent of the voting share in the event there are no financial creditors for a corporate debtor, the composition and decision-making processes of the corporate debtor shall be specified by the insolvency and bankruptcy board the committee shall also have the power to call for information from the resolution professionalclause 22 provides that one of the main functions of the committee of creditors is the appointment of the resolution professional clause 22 provides that at the first meeting of the committee of creditors, the committee may decide, by a majority of 75 per cent of voting share of the financial creditors to appoint the interim resolution professional as the resolution professional or propose the name of another insolvency professional to be appointed as the resolution professional where the committee of creditors decides to not appoint the interim resolution professional as the resolution professional, it has to file an application with the adjudicating authority for the appointment of the proposed resolution professional the adjudicating authority shall, upon receipt of a confirmation from the insolvency and bankruptcy board of india, appoint the proposed insolvency resolution professional as the resolution professional where no confirmation is received from the insolvency and bankruptcy board of india, the interim resolution professional is to continue as the resolution professional until the receipt of the confirmationthis clause also provides for involvement of the financial creditor in the appointment of the resolution professional the committee of creditors are likely to be most incentivised to select the person who is best suited for the task - as the fees payable to the resolution professional will in all probability be taken out of the company's assets (which will eventually affect the final repayment to the creditors), they will often choose a person who is familiar with the company's business, its activities or assets or has skills, knowledge or experience in handling the particular circumstances of a caseclause 23 provides that the resolution professional shall be responsible for carrying out the entire corporate insolvency resolution process and managing the operations of the corporate debtor during such process for this purpose, he shall have the same powers and shall perform the same duties as the interim resolution professional the clause also provides that where the interim resolution professional has not been appointed as the resolution professional, the interim resolution professional shall provide all information, documents and records relating to the corporate debtor to the resolution professional to facilitate a smooth transitionclause 24 prescribes the modalities for the meeting of the committee of creditors the meetings are conducted by the resolution professional and may be attended by the members of the board directors or partners of the corporate debtor this gives an opportunity for the committee of creditors and the resolution professional to seek information that they may require to assess the financial position of the corporate debtor and prepare a resolution planclause 25 sets out the duty of resolution professional to preserve and protect the assets of the corporate debtor and lays down the functions he may perform for the same keeping in with the wider role that the resolution professional plays as compared to the interim resolution professional, he has the duty to, inter alia, invite prospective lenders, investor and other persons to put forward resolution plans, present such plan to the committee of creditors and file applications for the avoidance of specified transactions in accordance with chapter iii of the code the resolution professional is also empowered to raise interim finance (whether secured or unsecured), with the prior approval of the committee of creditors the interim finance raised under this clause would also be covered as part of the insolvency resolution costsclause 26 states that a resolution professional may be replaced at any time during the corporate insolvency resolution process by the committee of creditors by a 75 per cent majority of voting shares this power is particularly relevant where a corporate debtor may have initiated the corporate insolvency resolution process and may have appointed a resolution professional of their choice the committee of creditors have the right to replace such resolution professional, should they suspect collusion between the resolution professional and managementthe committee of creditors shall then forward the name of the insolvency professional proposed to be appointed as the resolution professional to the adjudicating authority the adjudicating authority shall appoint the proposed insolvency professional as the resolution professional after receipt of a confirmation from the insolvency and bankruptcy board of india regarding the appointment this provision, like clause 22, provides for creditor involvement in the replacement of the resolution professionalclause 27 provides for the removal of the resolution professional by any financial creditor (below the threshold prescribed in clause 26) or a corporate debtor under specific circumstances set out in the clause 27(1) including the conduct of operations of the corporate debtor in a grossly negligent or fraudulent manner and conflicts of interests with the interests of the corporate debtor, creditors or other stakeholders the financial creditor or corporate debtor has to file an application with the adjudicating authority within fourteen days of the receipt of the application, if the adjudicating authority is of the opinion that there is a prima facie case that the resolution professional is guilty of committing any of the acts set out in clause 27(1), it shall direct the committee of creditors to propose the name of an insolvency professional to be appointed as the resolution professional such insolvency professional shall be appointed following the procedure set out in clause 22 thus, the committee of creditors are given a very significant role in the appointment of resolution professionalsclause 28 lists out certain actions that may be taken by the resolution professional only with prior the approval of the committee of creditors by a 75 per cent majority of voting shares the aim of this provision is to seek consent of the committee of creditors for specific mattes as (a) their rights may be adversely affected by some of these actions or (b) the capital structure, ownership or management of the corporate debtor may be significantly altered by some of these actions where the resolution professional takes any of the actions listed in clause 28(1) without obtaining the consent of the committee of creditors, such action shall be void the resolution professional may also be liable to be replacedclause 29 lays down one of the main functions of the resolution professional—preparation of an information memorandum, which shall enable a resolution applicant to prepare a resolution plan such an information memorandum is envisaged to be prepared in order for the market participants (resolution applicants) to provide solutions for resolving the insolvency of the corporate debtor to this end, the resolution professional is also required to provide access to all relevant information about the corporate debtor to the resolution applicant, subject to the resolution applicant complying with certain restrictions relating to confidentiality and compliance with lawclause 30 provides for the manner in which a resolution plan may be submitted by a resolution applicant it may be noted that there are no restrictions on who can be a resolution applicant, subject to compliance with all applicable laws this may even include promoters of the corporate debtor this provision would facilitate proposals from persons interested in commercially viable but insolvent businesses to rescue such entities, creating value for all stakeholders in the processthe resolution professional shall submit each resolution plan, which conforms to the criteria in clause 30(2) to the committee of creditors who shall approve a resolution plan by a 75 per cent majority of voting shares the plan must provide for payment of insolvency resolution process costs in priority to other debt, repayment of operational creditors, compliance with applicable law and meet such other conditions as may be specified by the insolvency and bankruptcy board of indiaonce the resolution plan has been approved by the committee of creditors, it is then presented to the adjudicating authority for its approvalclause 31 provides that the adjudicating authority is required to review the resolution plan sanctioned by the committee of creditors for ensuring that the resolution plan (a) meets the criteria set out in clause 30(2), (b) provides for the repayment to operational creditors of at least the amount which they would have been entitled to if the corporate debtor were to be liquidated and (c) satisfies such other conditions as may be prescribed by the insolvency and bankruptcy board of india criterion (b) set out above is intended to provide protection to operational creditors (as they are not represented on the committee of creditors) although a resolution plan may provide for any proposal for its insolvency resolution (including sale of the business as a going concern, takeover of the corporate debtor by another entity, reorganising or retiring debt etc - all in compliance with law) the adjudicatory authority is also required to ensure that there were no material irregularities in the exercise by the resolution professional of his powers during the course of the corporate insolvency resolution period where the resolution plan meets the criteria set out in clause 31(1), the adjudicating authority shall sanction the plan the plan shall be binding on the corporate debtors, its creditors, employees, shareholders, guarantors and other stakeholders further, the moratorium imposed under section 14 ceases to have effect upon approval of the plan however, it is important to note that the plan is binding on all the relevant stakeholders therefore, if a plan requires stakeholders to do or not do certain actions for the successful implementation of a plan, it shall be binding on all the affected parties who shall be bound to undertake the actions set out in the plan the resolution professional is also required to forward all records relating to the conduct of the corporate insolvency resolution process and the resolution plan to the insolvency and bankruptcy board of india to be kept as part of its record-keeping functionclause 32 deals with appeals from an order approving the resolution plan clause 33 provides for the liquidation of the corporate debtor in four scenarios - (a)where the adjudicating authority is of the opinion that the resolution plan does not meet the criteria set out in clause 30(2); (b) where the adjudicating authority does not receive a resolution plan on or before the expiry of the maximum period permitted for the completion of the insolvency resolution plan; (c) where, at any time before the confirmation of a resolution plan, the committee of creditors resolve by a 75 per cent majority of voting shares that the corporate debtor is to be liquidated; or (d) where the corporate debtor violates the terms of the resolution plan and on an application by a person (other than the corporate debtor) whose interests are adversely affected by such violation, the adjudicating authority determines that the corporate debtor has violated the terms of the resolution plan thus, the code prescribes clear triggers for initiating the liquidation processthe liquidation order shall result in a moratorium on the initiation or continuation of any suit or legal proceeding by or against the corporate debtor except proceedings pending in appeal before the supreme court or the high court however, a liquidator may initiate a suit or legal proceeding on behalf of the corporate debtor with the prior permission of the adjudicating authority however, this moratorium shall not prevent a secured creditor from realising its security in accordance with clause 52the liquidation order shall also be deemed to be a notice of discharge to the officers, employees and workmen of the corporate debtor except when the business of the corporate debtor is continuedfurther, on the appointment of a liquidator, the powers of the board of directors, key managerial personnel or partners of the corporate debtor will be vested in the liquidator the personnel of the corporate debtor are also required to provide all cooperation and assistance to the liquidator in managing the affairs of the corporate debtorclause 34 provides for the resolution professional of the corporate debtor to be appointed as the liquidator unless replaced by the adjudicating authority following the procedure laid down in clauses 34(3)-(6) this will ensure that a person who is well acquainted with the financial position and affairs of the corporate debtor is appointed as the liquidator bringing in time efficiencies into the liquidation process the fee that a liquidator may charge will be subject to regulations issued by the insolvency and bankruptcy board of indiaclause 35 provides a non-exhaustive list of powers and duties of the liquidator to ensure orderly completion of the liquidation proceedings these powers include the power to appoint any professional to assist the liquidator in discharge of his duties the liquidator also has the power to consult stakeholders entitled to distribution of assets of the corporate debtor the adjudicating authority may also prescribe certain duties, which the liquidators must dischargeclause 36(1) provides for the creation of an estate comprising the assets of the corporate debtor set out in clause 36(3) this clause also prescribes the assets, which are to be excluded from the liquidation estate the liquidator holds the assets of the corporate debtor for the benefit of all the creditors of the corporate debtor and shall be the fiduciary of the liquidation estatethe central government has been given the power to notify assets (in consultation with the appropriate financial sector regulators), which will be excluded from the estate in the interest of efficient functioning of the financial marketsclause 37 provides that the liquidator shall have the power to access any information system for the purpose of admission and proof of claims and identification of assets to be held in the liquidation estate this power shall ensure that the liquidator is able to access information held over a wide range of credit information systems including agencies of the central, state or local government authorities and shall assist in the easier verification of claims and identification of assets and liabilities of the corporate debtor this clause also empowers the creditors to call for financial information of the corporate debtor from the liquidatorclause 38 stipulates a time period of thirty days for the collection of claims by the liquidator it also specifies the methods by which different categories of creditors can submit and prove their claims notably, financial creditors can prove their claims by providing the record of the claim as stored in an information utilityclause 39 lays down the procedure to be followed for the verification of claims by the liquidatorclause 40 lays down the procedure for the admission and rejection of claims clause 41 seeks to provide that according to this clause, the liquidator shall have the responsibility of valuing the claims admitted under clause 40 in accordance with the criteria specified for the same by the insolvency and bankruptcy board of indiaclause 42 provides a right to a creditor whose claim has been rejected to appeal to the adjudicating authorityclause 43 provides for the avoidance of preferences given by the corporate debtor in the run up to insolvency this provision is intended to strike at transactions which disturb the pari passu distribution of assets in the liquidation of a corporate debtor thus, subject to the exceptions provided in this clause 42, it invalidates any transfers of property or an interest thereof given during the relevant time to a person for the benefit of a creditor, surety or guarantor on account of antecedent debt or other liabilities which have the effect of putting such creditor, surety or guarantor in a better position than the position which he would have been in if such transfer had not been madeit also prescribes the relevant time for avoidance of transactions, which may amount to preferences the preference must have been given during the two years preceding the insolvency commencement date if given to related parties and one year preceding the insolvency commencement date if given to all other persons providing longer time periods for preferences given to related parties would be important for avoiding such transactions as a number of transactions diminishing creditor wealth entered into with related parties occur not only in the 'zone of insolvency' but as soon as early signals of trouble are visible related parties often have superior information of the corporate debtor's financial affairs and may collude with the corporate debtor to siphon off assets with the knowledge that the corporate debtor may become insolvent in the near futureclause 44 specifies the orders that may be passed in relation to the avoidance of a preferential transaction the orders are aimed at reversing the effects of the preferential transaction and requiring the person to whom the preference is granted to pay back any gains he may have made as a result of such preferenceclause 45 provides for the avoidance of transactions at undervalue such as (a) gifts, or (b) transactions where the value of the consideration received by the corporate debtor is significantly less than the value provided by such corporate debtor this clause aims to prevent the siphoning away of corporate assets by the management of the corporate debtor, which has knowledge of the corporate debtor's poor financial condition and may enter into such transactions in the vicinity of insolvencyclause 46 prescribes the relevant period during which a transaction must be entered into for it to be challenged as a transaction at undervalue the relevant period is prescribed as two years preceding the insolvency commencement date for undervalued transactions entered into with related parties and one year preceding the insolvency commencement date for undervalued transactions entered into with all other persons the rationale for the same is that the management of the corporate debtor which has better knowledge of the corporate debtor's financial affairs may enter into transactions with related parties to strip the corporate debtor of value upon receiving early signals of financial troubleclause 47 permits creditors, shareholders or partners of the corporate debtor to make an application to the adjudicating authority to set aside a transaction at undervalue where the liquidator or resolution professional has not reported such transaction to the adjudicating authority this provision gives more teeth to clause 45 as creditors who are incentivised to seek avoidance of such transactions are permitted to file for the same where the liquidator or resolution professional do not report the undervalued transactionclause 48, similar to clause 44, sets out the orders that may be passed by the adjudicating authority setting aside the transaction at undervalue the orders that may be given are aimed at reversing the effect of the undervalued transaction and requiring the person who benefits from such transaction to pay back any gains he may have made as a result of such transactionclause 49 strikes at transactions entered into with the intention of putting the assets of the corporate debtor beyond the reach of, or otherwise prejudicing the interests of a person who is making or may make a claim against the corporate debtor unlike the other avoidance provisions in the code, clause 49 does not set any time limit during which the transaction must have been entered into for it to be challenged as a transaction defrauding creditorsclause 50 strikes at extortionate credit transactions entered into by the corporate debtor in the period of two years preceding the insolvency commencement date this provision shall enable the liquidator or the resolution professional to apply to court for credit transactions to be set aside or modified in circumstances where the corporate debtor has been required to make exorbitant payments to the lender of such credit the provision also clarifies that any debt extended by a regulated financial service provider in compliance with law shall not be treated as an extortionate credit transactionclause 51 prescribes the orders that may be passed by the adjudicating authority setting aside extortionate credit transactions these may include restoring the position prior to such transaction, setting aside the transaction wholly or in part and modifying the terms of the transactionclause 52 provides that in a liquidation proceeding, the secured creditor may choose to relinquish its security interest and participate in the distribution of assets or realise its security interest outside the liquidation proceedings if a secured creditor decides to realise its security, the amount of insolvency resolution process costs payable by the secured creditor shall be deducted from the realised proceeds where there is a surplus realised from the enforcement of a security interest, the secured creditor has to account for the same to the liquidator similarly, if the proceeds of the realisation of the secured assets are not sufficient to repay the debts owed to the secured creditor, he may claim in accordance with the priority of payments under clause 53 for such unpaid portionclause 53 deals with distribution of assets in liquidation under this clause, the costs of insolvency resolution process (including any interim finance) and liquidation costs have first priority, followed by debts owed to a secured creditor (where such creditor has relinquished his security interests) and workmen's dues for a period of twelve months preceding the liquidation commencement date next, wages and unpaid dues for a period of twelve months preceding the liquidation commencement date owed to employees (other than workmen) are paid after such payment, financial debts owed to unsecured creditors are repaid next, any amount due to the state government and the central government in respect of the whole or any part of the period of two years before the liquidation commencement date (including any amount to be received on account of the consolidated fund of india and the consolidated fund of the state, if any) and the amount of unpaid debt owing to a secured creditor following the enforcement of security interest are repaid next, any remaining debts and dues are repaid and finally, surplus, if any is distributed to the shareholders or partners of the corporate debtor, as the case may beit may be noted that unsecured financial creditors shall be paid before the governmentthis is intended to promote alternative sources of finance and the consequent development of bond markets in indiaclause 54 provides that once the affairs of the corporate debtor have been wound up and its assets completely liquidated, the liquidator shall make an application to the adjudicating authority for the dissolution of the corporate debtor it may be noted that this clause also states that the distribution of assets shall be completed within such period as may be specified by the insolvency and bankruptcy board of indiaclause 55 provides for a fast track insolvency resolution process, to be completed within a period of 90 days (subject to an extension for a maximum period of forty five days) for certain categories of corporate debtors this process will provide a speedy insolvency resolution process for corporate debtors with assets or income below a prescribed level or corporate debtors with a prescribed class of creditors or prescribed amount of debtclause 56 provides for the time period within which the fast track corporate insolvency resolution process should be completedclause 57 lays down the procedure for initiation of the fast track insolvency resolution process by the corporate debtor or the creditor the corporate debtor or creditor may file an application along with proof of existence of default as recorded by an information utility along with information substantiating the eligibility of the corporate debtor for the fast track processclause 58 provides that the fast track corporate insolvency resolution process shall be conducted in the same manner as the corporate insolvency resolution process under chapter ii the provisions relating to offences and penalties under chapter vii shall apply in the same manner to the fast track corporate insolvency resolution processclause 59 provides for the initiation of voluntary liquidation proceedings by the corporate debtor which has not defaulted on any debt due to any persona corporate debtor being a company may choose to be wound up voluntarily under several circumstances including winding up as a result of expiry of period of operation fixed in its constitutional documents or occurrence of an event provided in its constitutional documents for its dissolutionwhile the procedure to be followed for voluntary liquidation proceedings is largely similar to the procedure to be followed for insolvent liquidation, there are some differences to initiate voluntary liquidation proceedings, where the corporate debtor is a company, the directors have to provide a declaration of solvency and a declaration that the company is not being liquidated to defraud any person the declarations have to be accompanied by (a) the audited financial statements of the company and (b) a record of its business operations for the previous two years or the period since its incorporation further, a report of the valuation of the assets of the company prepared by a registered valuer has to be provided within four weeks of the declarations, a member's resolution in favour of the voluntary winding up of the company and appointment of an insolvency professional as the liquidator has to be passed further, where the corporate debtor is a company, creditors representing two-thirds in value of the debt owed to the company have to support the resolution within a specified period the company also has to notify the registrar of companies and the insolvency and bankruptcy board of india of the passage of the resolution and subsequent approval by the creditorsonce the affairs of the corporate debtor have been wound up and its assets completely liquidated, the liquidator shall make an application to the adjudicating authority for the dissolution of the corporate debtor and the corporate debtor shall be dissolved by the order of the adjudicating authorityother procedural details relating to voluntary liquidation shall be prescribed by the insolvency and bankruptcy board of indiaclause 60 provides that the national company law tribunal shall be the adjudicating authority for insolvency resolution and liquidation of corporate debtors and also lays down the criteria for establishing the territorial jurisdiction of the tribunal this clause also provides that the insolvency resolution or bankruptcy proceedings relating to a personal guarantor of a corporate debtor (in whose respect an insolvency resolution or liquidation proceeding is pending before the national company law tribunal) shall also be filed before the national company law tribunalclause 61 provides that the appellate authority for filing an appeal from a final order of the national company law tribunal shall be national company law appellate tribunalclause 62 this clause also provides that an appeal from the order of national company law appellate tribunal on a question of law shall lie before the supreme court such appeal shall be filed within a period of ninety daysclause 63 excludes the jurisdiction of the civil court for matters for which the national company law tribunal or the national company law appellate tribunal has the jurisdiction under the codeclause 64 requires the national company law tribunal or the national company law appellate tribunal to record in writing the reasons for delay, in case an order is not passed within the statutory timelinesclause 65 prescribes penalties for fraudulent or malicious initiation of proceedingsthese penalties can be imposed by the adjudicating authorityclause 66 sub-clause (1) of this clause provides for certain orders that the adjudicating authority can pass if it is found that any person has carried on the business of a corporate debtor with the intent to defraud its creditors or the creditors of another person (fraudulent trading) such persons can be directed to make contributions to the assets of the corporate debtor sub-clause (2) of this clause subjects directors or partners of corporate debtors to personal liability if they fail to take reasonable steps to minimize the potential loss to the creditors when there is no possibility of avoiding the commencement of corporate insolvency resolution process such directors or partners may be liable to make contributions to the assets of the corporate debtor on orders of the adjudicating authorityclause 67 provides for certain additional orders, which may be made in proceedings under clause 66clause 68 describes the offence of concealment of property in anticipation of insolvency and lays down the punishment for such actsclause 69 describes the offence of transactions defrauding creditors and lays down the punishment for such actsclause 70 prescribes punishment for misconduct by the officer of a corporate debtor during the corporate insolvency resolution process it also prescribes punishment for deliberate misconduct by the insolvency professionalclause 71 prescribes punishment for falsification of books of the corporate debtor clause 72 prescribes punishment for wilful and material omissions made by an officer of a corporate debtor in statements relating to affairs of the corporate debtorclause 73 prescribes punishment for officers of the corporate debtor who make false representations to the creditors for obtaining their consent for any agreement in relation to the corporate debtorclause 74 prescribes punishment for violating the terms of the moratorium order made under clause 14clause 75 prescribes fines for knowingly furnishing false information or knowingly not disclosing material information as part of an application under clause 7clause 76 prescribes punishment for knowingly not disclosing a dispute or repayment of debt at the time of making an application under clause 9clause 77 prescribes punishment for knowingly furnishing false information or knowingly not disclosing material information as part of an application under clause 10clause 78 of the code sets out the applicability of part iii of the code, the threshold of default and the authority responsible for adjudicating the matters thereunder part iii of the code applies to the whole of india, except the state of jammu & kashmir and the adjudicating authority for this part of the code is the debt recovery tribunal constituted under recovery of debts and bankruptcy act, 1993 the provisions of this part shall not apply where the amount of the default is less than rupees one thousand or such other amount as may be specified by the central government not exceeding rupees one lakhclause 79 sets outs the definitions of certain terms for the purposes of part iii of the codeclause 80 lays down the eligibility criteria for the debtor that needs to be satisfied for the purposes of making an application for a fresh start process the proposed outcome of an application for fresh start is a discharge from the qualifying debts (as defined) ie the debtor shall not be required to pay the amount comprising of the qualifying debts for which a discharge order has been made under clause 92, and thus get a fresh start in respect of his financial affairs this process has been conceptualized for persons who owe relatively less amount of money and have little or no income or assets to repay what they owe the prescribed threshold limits may be revised from time to time, as per the evolving economic scenario of the country there is a presumption that the debtor is "unable to pay his debts" if the conditions of clause 83(5) are satisfiedclause 81 proposes that the filing of an application for fresh start shall, firstly, have a deeming effect of staying any pending legal action or proceeding in respect of the debts of the debtor and secondly, impose an embargo on the creditors of the debtor, on the commencement of any legal action or proceeding in respect of the debts of the debtor the purpose of this interim moratorium is to provide a conducive environment for the debtor to initiate a fresh start process, and the possibility of misuse is addressed by providing for appropriate punishment and penalties the above mentioned stand still or moratorium provisions shall have effect from the date of filing of such application upto the date on which such application is admitted by the adjudicating authority clause 81 also sets out the information required to be provided for the application for fresh startclause 82 discusses that an application for fresh start may be made by the debtor either personally or through a resolution professional in the former case, the regulatory board nominates a resolution professional for the process, on being directed by the adjudicating authority and in the latter case, the adjudicating authority directs the regulatory board to do a background check on the resolution professional who has filed the application a resolution professional needs to be appointed, as he is indispensable to the fresh start process as he manoeuvres the entire process and has a substantive role to play in both cases, the final appointment of the resolution professional is done through an order of the adjudicating authority, and on such appointment, the resolution professional is required to deposit a certain amount of performance securityclause 83 proposes the manner in which the resolution professional should make a report either recommending acceptance or rejection of the application for fresh start the resolution professional shall necessarily recommend rejection of the application if any of the conditions mentioned in sub-clause 6 are present however, if any other condition apart from those mentioned in sub-clause 6 exists, the resolution professional shall exercise his discretion in recommending acceptance or rejection of such applicationclause 84 proposes that the adjudicating authority shall make an order either accepting or rejecting the application for fresh start the order should also mention the debts eligible for discharge under clause 92clause 85 provides that an order admitting an application for fresh start has the effect of a fresh moratorium from the date of such admission for a period of six months, or upto the date on which the order admitting such application is revoked under clause 91, as the case may be on the passing of such order, irrespective of the acceptance or rejection of the application, the interim moratorium under clause 81 comes to an end the standstill or moratorium provisions under this clause firstly, have a deeming effect of staying any pending legal action or proceeding in respect of the debts of the debtor and secondly, impose an embargo on the creditors of the debtor on the commencement of any legal action or proceeding in respect of the debts of the debtor the possibility of misuse of the moratorium is low for the reason that if the process is successful, though it provides debt relief, the fact that the debtor underwent a fresh start process would get etched in his publicly available financial records for a substantial period of time, which will be available to his future creditors additionally, in view of the fresh start process being undertaken to provide debt relief to the debtor, sub-clause 3 sets out certain requirements to be mandatorily complied by the debtor, during the moratorium periodclause 86 gives the creditors a right to object to the inclusion of their debt as a qualifying debt for discharge or object to any material inconsistency in the details of such debt, by filing an application to the resolution professional for carrying out the relevant examination in this regard the purpose is to provide at least one hearing opportunity, albeit on limited grounds, to the creditors in respect of their debts which may be written off the resolution professional may on his own initiative, based on relevant information which may have come to his knowledge, carry out such examination as well on the basis of the hearing, the resolution professional inter alia prepares an amended list of qualifying debts for the purposes of discharge under clause 92clause 87 sets out the grounds on which an aggrieved creditor or debtor may make an application to the adjudicating authority challenging the action of the resolution professional taken under clause 86 in respect of the qualifying debts the grounds for challenge relate only to the functioning of the resolution professional, and thus, frivolous challenges will be pre-emptedclause 88 sets out the duties of the debtor, which he needs to necessarily comply with, in light of the relief that he has applied for, which include providing all information in relation to his affairs, attending meetings and complying with the requests of the resolution professional the debtor is required inter alia to inform the resolution professional of any material errors or omissions in any information provided by him in respect of the fresh start process, and most importantly, inform the resolution professional if his financial circumstances change, in whichever manner, to enable him to pay his debts, either partly or fullyclause 89 provides for the grounds and the manner in which a resolution professional can be replaced with another resolution professional in a fresh start process if prima facie, as per the adjudicating authority, any of the grounds for replacement exist, a reference for initiation of the replacement process will be made to the regulatory board and in parallel, the adjudicating authority will appoint another resolution professional, on the recommendation of the regulatory board, to carry on the fresh start process the intent is to make the process efficient and reduce the delay that may be caused due to the commencement of the replacement proceedings if the resolution professional who has been replaced is found to have malfunctioned, the regulatory board shall take the appropriate action however, if it is concluded that the application for replacement was frivolous, or that the grounds for replacement do not in fact exist, the resolution professional may be compensated, and the replacement proceedings will not be noted as a part of the resolution professional's recordsclause 90 provides that the resolution professional can apply to the adjudicating authority for directions in relation to any matter in the fresh start process, to bring about compliance with the provisions of the codeclause 91 sets out the grounds on which the fresh start process can be revoked the object of this clause is to provide for rescinding the fresh start process when the debtor acts in violation of certain provisions of the code or where the financial circumstances of the debtor change such that he becomes ineligible for the fresh start processclause 92 proposes that at the end of the moratorium period, the adjudicating authority shall pass a discharge order, discharging the debtor of the qualifying debts mentioned in the final list prepared by the resolution professional close to the end of the moratorium period further, the discharge order shall also provide for the discharge of penalties, penal interest and other sums owed under any contract, in respect of the qualifying debts, from the date of the application for fresh start to the date of the discharge order a discharge order discharges the debtor alone, and is recorded in the financial history of the debtorclause 93 requires that the resolution professional adheres to the prescribed code of conductclause 94 lays down the eligibility criteria for the debtor who has committed a default for filing an application for insolvency resolution process ie for payment of debts (which are not excluded debts) in accordance with a negotiated repayment plan the debtor can file an application for debts of any amount, provided the eligibility criteria mentioned is fulfilled where the debtor is an unlimited liability partnership firm, an application can be filed only if it is consented to by all or majority of the partners in number the application under this clause may be filed by the debtor personally, or through the resolution professionalclause 95 provides for an insolvency resolution process application to be made by the creditor(s) in a prescribed form along with certain documents and information in relation to a partnership debt owed to the creditor, the creditor may file an application against the firm or one or more of the partners, provided that separate applications made against partners of the same firm shall be consolidated and heard together the application under this clause may be filed by the creditor(s) personally, or through the resolution professionalclause 96 proposes that the filing of an insolvency resolution process application shall firstly, have a deeming effect of staying any pending legal action or proceeding in respect of the debts of the debtor and secondly, impose an embargo on the creditors of the debtor on the commencement of any legal action or proceeding in respect of the debts of the debtor the purpose of this interim moratorium is to provide a facilitative environment for the debtor to initiate the process, and the possibility of misuse is addressed by providing for punishment under the code the abovementioned standstill or moratorium provisions shall have effect from the date of filing of such application upto the date on which such application is admitted by the adjudicating authority where an application is filed against the debtor which is an unlimited liability partnership firm, the moratorium will apply to all the partners of such firmthe central government has been given the power to notify transactions (in consultation with the appropriate financial sector regulators), which will be exempted from the moratorium in the interest of smooth functioning of the financial marketsclause 97 discusses that an application for insolvency resolution process may be made by the debtor either personally or through a resolution professional in the former case, the regulatory board nominates a resolution professional for the process, on being directed by the adjudicating authority and in the latter case, the adjudicating authority directs the regulatory board to do a background check on the resolution professional a resolution professional needs to be appointed, as he is indispensable in the insolvency resolution process as he manoeuvres the entire process and has a substantive role to play in both cases, the final appointment of the resolution professional is done through an order of the adjudicating authority, and on such appointment, the resolution professional is required to deposit a certain amount of performance securityclause 98 provides for the grounds and the manner in which a resolution professional can be replaced with another resolution professional in an insolvency resolution process if prima facie, as per the adjudicating authority, any of the grounds for replacement exist, a reference for initiation of the replacement process will be made to the regulatory board and in parallel, the adjudicating authority will appoint another resolution professional, on the recommendation of the regulatory board, to carry on the process the intent is to make the process efficient and reduce the delay that may be caused due to the commencement of the replacement proceedings however, a slightly separate process for replacement operates if the creditors committee proposes a new resolution professional while seeking to replace the existing one the regulatory board undertakes a background check of the proposed resolution professional and makes a recommendation, on the basis of which the adjudicating authority passes an order for appointment if the resolution professional who has been replaced is found to have malfunctioned, the regulatory board shall take the appropriate action however, if it is concluded that the application for replacement was frivolous, or that the grounds for replacement do not in fact exist, the resolution professional will be compensated, and the replacement proceedings will not be noted as a part of the resolution professional's recordsclause 99 proposes the manner in which the resolution professional should make a report either recommending acceptance or rejection of the application for insolvency resolution process in relation to the debt, its validity cannot be contested by the debtor if the debt is registered with the information utility, however, the debtor has the right to prove the repayment of any debt by presenting evidence to the resolution professionalclause 100 requires the adjudicating authority to pass an order either accepting or rejecting the application for insolvency resolution process within the prescribed time limit the processes under part iii of the code are proposed to be linear, and thus, failure of the insolvency resolution process on any of the three grounds contemplated in clause 121 entitles the creditor to file for bankruptcy of the debtor under chapter iv of part iii of the code one of the grounds is as mentioned in this clause ie failure to initiate the insolvency resolution process due to rejection of the application on account of the grounds mentioned in sub-clause 4clause 101 provides that an order admitting an application for insolvency resolution has the effect of a fresh moratorium from the date of such admission for a period of 180 days, or upto the date on which an order approving the repayment plan is passed by the adjudicating authority, whichever is earlier on the passing of such order, irrespective of the acceptance or rejection of the application, the interim moratorium under clause 96 comes to an end the standstill or moratorium provisions under this clause firstly, have a deeming effect of staying any pending legal action or proceeding in respect of the debts of the debtor and secondly, impose an embargo on the creditors of the debtor on the commencement of any legal action or proceeding in respect of the debts of the debtor the possibility for misuse of the moratorium is low due to provision for punishment and also due to the fact of records of the debtor undergoing this process in his financial history, available to the public at large the purpose of providing a moratorium is to cushion the insolvency resolution process from any disruptions from the creditor or the debtor or the pending proceedings this clause does not provide for restrictions on the debtor (as provided in the fresh start and the bankruptcy process), as unlike in the aforementioned processes in this process the debtor undertakes a positive obligation to repay his debtsthe central government has been given the power to notify transactions (in consultation with the appropriate financial sector regulators), which will be exempted from the moratorium in the interest of smooth functioning of the financial marketsclause 102 requires the issuance of a public notice by the adjudicating authority inviting claims from the creditors of the debtor, so that every creditor has an opportunity to be a part of the repayment plan for the payment of the debts by the debtorclause 103 requires the creditors to register their claims with the concerned resolution professional by providing the relevant information at this stage, where the debt for which the claim has been filed by the creditor is registered with an information utility, such registration is conclusive evidence of the validity of the debt and the debtor is precluded from contesting such debt however, in the event of the debt not being registered with an information utility, the resolution professional undertakes a preliminary examination of the claims to determine their validity and genuineness, and the debtor may dispute the validity thereofclause 104 proposes that the resolution professional will prepare a list of creditors on the basis of the information available from the application for initiating insolvency resolution process and the claims received and registered under clause 103 such a list is required for the purposes of calling creditors meetings and for matters relating to the repayment planclause 105 proposes that the debtor shall prepare a repayment plan in consultation with the resolution professional the repayment plan will contain terms as per which the debtor will repay his debts to his creditors and it will also provide the manner in which the affairs of the debtor will be carried on since the creditors are not involved in the preparation of the repayment plan, the repayment plan will contain the reasons why the creditors may be expected to agree to the planclause 106 provides for the resolution professional to prepare a report on the repayment plan, to be submitted to the adjudicating authority, along with the repayment plan if as per the report, there is a reasonable prospect of the repayment plan being approved and implemented, a meeting of the creditors will be summoned by the resolution professional however, when there is a considerable likelihood of the plan not being approved and implemented by the creditors for any reason, the resolution professional will note the reasons thereforclause 107 discusses that the notice for the creditors meeting will be issued by the resolution professional to the creditors mentioned in the list prepared by the resolution professional under clause 104clause 108 proposes that the creditor meeting will be conducted by the resolution professional, wherein the creditors may decide to approve, modify or reject the repayment plan and also decide whether to continue with the existing resolution professional, if required any modification of the plan prepared by the debtor, has to be consented to by the debtorclause 109 provides a voting right to every creditor present in the creditors meeting, except for the creditors mentioned in sub-clause 4, as there is a possibility that the creditors mentioned in sub sub-clause (b) of the said sub-section may function under the influence of the debtor the weightage of the vote shall depend on the value of the debt on the date of admission of the application for insolvency resolution process under clause 100clause 110 sets out the rights of the secured creditors in a repayment plan prepared under this chapter of the code a secured creditor may or may not intend to give up on his right to enforce security during the period of implementation of the repayment plan a secured creditor who intends to vote for the approval of the repayment plan will be required to give up his right to enforce his security, as he will be considered to be participating exclusively as a creditor under the repayment plan however, in the event the secured creditor does not intend to give up his right to enforce his security, he may vote on the repayment plan in respect of his unsecured debt, and his consent will be required if any term of the repayment plan affects his right to enforce securityclause 111 proposes that a 75% majority in value of the creditors who vote is required for the approval of the repayment plan or any modification thereofclause 112 requires the resolution professional to prepare a report on the proceedings of the creditors meeting containing the information envisaged under sub-clause 2, for the purposes of clause 114clause 113 mandates the resolution professional to provide a copy of the report prepared as per clause 112, to all the stakeholders ie debtor, creditors and the adjudicating authorityclause 114 proposes that the adjudicating authority shall pass an order approving the repayment plan, without any modification, on the basis of the report of the creditors meeting prepared by the resolution professional under clause 112 however, if at all any modification is required as per the adjudicating authority, a creditors committee meeting shall have to be re-convened in the event a meeting of the creditors has not been summoned, the adjudicating authority shall pass an order on the basis of the report of the resolution professional prepared under clause 106clause 115 proposes that a repayment plan approved by the adjudicating authority is binding on all the creditors mentioned in the repayment plan, whereas a plan rejected by the adjudicating authority results in the failure of the insolvency resolution process and entitles the debtor or the creditor(s) to file for bankruptcy of the debtor under chapter iv of part iii of the codeclause 116 requires the resolution professional to supervise the implementation of the approved repayment plan, and for this purpose, the resolution professional may also apply to the adjudicating authority for appropriate directionsclause 117 provides for the issuance of notice of completion of the repayment plan to the persons bound by it as per clause 115 along with a report on the implementation of the plan vis-à-vis the plan approved by the creditors the time period for the completion of the repayment plan will be as per the terms of the plan itselfclause 118 proposes that when the time period for the validity of the repayment plan(as mentioned in the plan itself) comes to an end, and the terms of the plan are not fully implemented, it results in the plan coming to a premature end the resolution professional is required to provide a report on such a plan, and the adjudicating authority shall pass an order stating that the plan has not been completely implemented and the debtor or the creditor whose claims have not been satisfied are entitled to file for bankruptcy of the debtor under chapter iv of part iii of the code the time period for the completion of the implementation of the repayment plan cannot be extended, and thus the participants are required to act in the most efficient manner for its implementation to be completed, to avoid going into the bankruptcy process the debtor is unlikely to delay the implementation for the fear of being pushed into the bankruptcy process, however, any dilatory tactics undertaken by the creditor or the resolution professional to unreasonably delay the completion of the implementation of the plan may be addressed through penalties under criminal law and other relevant clauses under chapter vii of the codeclause 119 provides for the resolution professional applying for a discharge order for the debtor in respect of the debts mentioned in the repayment plan, as per the terms of the plan itself the plan may provide for a discharge on the completion of the implementation of the repayment plan or for an early discharge ie discharge before the completion of the implementation of the repayment plan early discharge results in the legal recognition by the adjudicating authority of the successful compliance by the debtor with the terms of the repayment plan ie repayment of his debts and also, that he is no longer considered to be undergoing an insolvency resolution processclause 120 proposes that the resolution professional must adhere to the prescribed code of conductclause 121 lays down three grounds on which an application for bankruptcy may be filed by the debtor or the creditor, all of which relate to the failure of the insolvency resolution process the initiation of a bankruptcy process on failure of the insolvency resolution process is not automatic, and an application needs to be filed within the prescribed time the reason being that the label of bankruptcy creates a social stigma and the bankruptcy process for an individual has serious implications on his reputation and financial and personal status, and is also recorded permanently in his financial history, and may also be available to the public at large, including creditors in relation to a debtor which is an unlimited liability partnership firm, the application under this clause may be filed by any of the partners of the firmclause 122 provides for the debtor to make an application for his own bankruptcy and lays down the information to be provided along with the application the debtor may propose an insolvency professional to act as a bankruptcy trustee for the bankruptcy processclause 123 provides for the creditor to make an application for the bankruptcy of the debtor and lays down the information to be provided along with the application in the filing of the required information, the secured creditors shall state that if the bankruptcy order is made, they shall give up their right to enforce security, as without such declaration, the bankruptcy process may not be successful however, if the secured creditor does not intend to give up his right to enforce security, the bankruptcy process will only deal with his unsecured debt the creditor may propose an insolvency professional to act as a bankruptcy trustee for the bankruptcy processclause 124 proposes that the filing of application for bankruptcy shall, firstly, have a deeming effect of staying any pending legal action or proceeding against any property in respect of the debts of the debtor and secondly, impose an embargo on the creditors of the debtor on the commencement of any legal action or proceeding against any property in respect of the debts of the debtor the purpose of the interim moratorium is to provide a facilitative environment for initiation of the bankruptcy process, and the possibility of misuse is addressed by providing for punishments the abovementioned standstill or moratorium provisions shall have effect from the date of filing of such application upto the date on which a bankruptcy order is passed by the adjudicating authority in respect of an unlimited liability partnership firm, the moratorium shall operate against all the partners of the firmthe central government has been given the power to notify transactions (in consultation with the appropriate financial sector regulators), which will be exempted from the moratorium in the interest of smooth functioning of the financial marketsclause 125 discusses that the applicant for the bankruptcy process may or may not propose an insolvency professional to be appointed as the bankruptcy trustee the proposed bankruptcy trustee may also have assisted the applicant in making the application for bankruptcy in the former case ie when the application does not contain a proposal for a bankruptcy trustee, the regulatory board nominates one for the process, on being directed by the adjudicating authority and in the latter case, the adjudicating authority directs the regulatory board to do a background check on the proposed insolvency professional in both cases, the final appointment of the bankruptcy trustee is done through an order of the adjudicating authority, and on such appointment, the bankruptcy trustee is required to deposit a certain amount of performance security an insolvency professional needs to be appointed as a bankruptcy trustee as he is indispensable in a bankruptcy process, as he takes over the affairs and estate of the debtor for its administration and distribution amongst the creditorsclause 126 proposes that the adjudicating authority shall admit an application for bankruptcy by passing an order, termed as the 'bankruptcy order', which marks the commencement of the bankruptcy process once the bankruptcy order is made, the debtor is referred to as the bankrupt the adjudicating authority is not required to undertake a detailed examination for the admission of the application for the passing of the bankruptcy order, as the application for bankruptcy can be filed only on the grounds of an order passed by the adjudicating authority recording failure of the insolvency resolution process under the clauses mentioned in clause 121, and each of the orders entitles the debtor or the creditor to file for bankruptcy on the passing of the bankruptcy order, the interim moratorium under clause 124 comes to an endclause 127 lays down the period of validity of the bankruptcy order passed under clause 126, and sets the end of such period as the date of the discharge order under clause 138clause 128 proposes that on the passing of a bankruptcy order by the adjudicating authority, the estate of the bankrupt as defined in clause 155 shall automatically vest in the bankruptcy trustee this clause also clarifies that a bankruptcy order does not affect the right of a secured creditors to enforce its security interest (subject to clause 123) in respect of an unlimited liability partnership firm, the bankruptcy order against the firm operates as an order against each of the individuals who were partners of the firm at the time of the passing of bankruptcy orderclause 129 requires the bankrupt to submit his statement of financial affairs to the bankruptcy trustee, to enable the trustee to prepare a list of the creditors of the bankrupt for the distribution of the estate of the bankruptclause 130 proposes that in addition to a public notice, a notice shall also be issued by the adjudicating authority to the creditors of the bankrupt emergent from the application for bankruptcy and the statement of affairs, for the purpose of providing the creditors a right to file their claims against the bankrupt with the bankruptcy trusteeclause 131 requires the bankruptcy trustee to register the claims received from the creditorsclause 132 proposes that the bankruptcy trustee shall prepare a list of creditors on the basis of all the information available to the trustee, for the purposes of calling a creditors meeting and establishing a creditors committee, which would approve or take certain decisions in relation to the bankruptcy process at this stage, the trustee is required to undertake only a preliminary examination in respect of the validity of the debts, as the detailed examination takes place under clause 171 of the code, fourteen days after the preparation of the said list of creditors a detailed examination at this stage is not feasible, as it would be time consuming and may result in the process itself getting stuck in litigation, and thus issues relating to validity of debt are postponed to be dealt at a later stage, and necessary modifications may be made to the composition of the creditors committee, as may be requiredclause 133 requires the bankruptcy trustee to issue a notice calling for the creditors meeting, to every creditor mentioned in the list prepared under clause 132clause 134 proposes that the bankruptcy trustee will be the convener of the creditors meeting, which will inter alia establish a creditors committeeclause 135 provides a voting right to every creditor present in the creditors meeting, except for the creditors mentioned in sub-clause 3 and sub-clause 4 there is a possibility that the creditors mentioned in (b) of sub-clause 4 may function under the influence of the debtor, and thus are excluded from voting the weightage of the vote of the creditor shall depend on the value of the debt on the date of passing of the bankruptcy order under clause 126clause 136 provides that the administration and distribution of the estate of the bankrupt shall be conducted as per chapter v of part iii of the codeclause 137 requires the bankruptcy trustee to prepare a report on the administration and distribution of the estate of the bankrupt, and on the completion thereof, to be presented to the creditors committee for their approval once the report is approved, the bankruptcy trustee can apply for a discharge order for the bankruptclause 138 provides that the bankruptcy trustee may apply to the adjudicating authority for a discharge order either on the expiry of one year from the passing of the bankruptcy order or within two days of the approval of the report on the completion of the administration and distribution of the estate of the bankrupt under clause 137, whichever is earlier the effect of a discharge order is that the debtor is freed from the tag of a 'bankrupt' and the restrictions and qualifications on the bankrupt under clause 140 and clause 141 of the code are no longer applicable, thus facilitating the bankrupt to resume a normal lifeclause 139 sets out the effect of a discharge order ie release of the bankrupt from the bankruptcy debts, even if the administration and distribution of the estate of the bankrupt is not complete however, for all practical purposes, the bankruptcy trustee continues carrying out his functions as he is not released from his office under clause 148(3) till the actual completion of the administration and distribution of the estate of the bankrupt certain exceptions to the release of the bankrupt from the bankruptcy debts are also provided thereinclause 140 sets out the posts or positions, which the bankrupt is disqualified from holding from the bankruptcy commencement date, which are in addition to disqualifications under any other law of the land the disqualifications are applicable, unless exempted by the adjudicating authority and cease to have effect on annulment of the bankruptcy order or the passing of a discharge orderclause 141 sets out the restrictions applicable on the bankrupt from the bankruptcy commencement date till the annulment of the bankruptcy order or the passing of a discharge orderclause 142 provides for circumstances in which a bankruptcy order may be annulled, notwithstanding a discharge order being passedclause 143 provides that the bankruptcy trustee adheres to the prescribed code of conductclause 144 proposes that the fees of the bankruptcy trustee be paid from the distribution of the estate of the bankrupt, in proportion to the value thereof the fee shall be subject to regulations made by the insolvency and bankruptcy board of indiaclause 145 provides for the grounds and the manner in which a bankruptcy trustee can be replaced with another bankruptcy trustee an application may be filed by the creditors committee or the replacement process may be commenced by the adjudicating authority suo motu a debtor is not permitted to file an application for replacement the application is examined by the adjudicating authority, and it seeks a recommendation from the regulatory board for the appointment of a new bankruptcy trustee, and appoints such bankruptcy trustee by passing an orderclause 146 provides for the grounds and the manner in which a bankruptcy trustee can resign by making an application to the adjudicating authority on the acceptance of the resignation, the adjudicating authority seeks a recommendation from the regulatory board for the appointment of a new bankruptcy trustee, and appoints such bankruptcy trustee by passing an orderclause 147 provides for the appointment of a bankruptcy trustee on the creation of a vacancy in the office of the trustee, not being due to resignation, replacement or temporary illness or leave on the occurrence of the vacancy, the adjudicating authority seeks a recommendation from the regulatory board for the appointment of a new bankruptcy trustee, and appoints such bankruptcy trustee by passing an orderclause 148 provides for the release of the bankruptcy trustee from his office, which occurs when a new bankruptcy trustee is appointed in the event of a replacement, resignation or occurrence of vacancy under previous clauses, or when the report on the completion of the administration and distribution of the estate of the bankrupt is approved under clause 137 a released bankruptcy trustee is required to co-operate effectively with the incoming bankruptcy trustee for facilitating the smooth functioning of the bankruptcy processclause 149 sets out the functions of the bankruptcy trustee which are required to be performed by him during the bankruptcy processclause 150 sets out the duties of the bankrupt towards the bankruptcy trustee during the bankruptcy process, which include, most importantly, the duty to give notice of increase of income or propertyclause 151 lays down the rights of the bankruptcy trustee ie the acts he can undertake in his official nameclause 152 proposes the powers of the bankruptcy trustee in relation to the estate and the debts of the bankruptclause 153 proposes certain acts which can be undertaken by the bankruptcy trustee only after obtaining the approval of the creditors committee however, if the bankruptcy trustee does any such act without the approval of the creditors committee, the clause provides for a post facto ratification only if the act was undertaken due to urgency and the ratification was sought without delay the determination of whether urgent circumstances existed would be a decision of the creditors committee and thus, would depend on the facts and circumstances of a given caseclause 154 proposes that the vesting of the estate of the bankrupt would occur on the appointment of the bankruptcy trustee, with no requirement of any further actclause 155 proposes the components of the estate of the bankrupt it is an inclusive definition and includes property, movable and immovable, belonging to or vesting in the bankrupt, as on the bankruptcy commencement date any reference to property also includes the power exercisable by the bankrupt in relation to a property as might have been exercised by him for his own benefit at the commencement of his bankruptcy or before his discharge the estate, however, excludes property held by the bankrupt on trust for any other person and the property comprised in the definition of excluded assetsthe central government has been given the power to notify assets (in consultation with the appropriate financial sector regulators), which will be excluded from the estate in the interest of efficient functioning of the financial marketsclause 156 places the obligation on the bankrupt, his banker or agent or any other person, who is in possession of the property or financial records, of delivering possession of property and financial records to the bankruptcy trusteeclause 157 requires the bankruptcy trustee to take control of the property and financial records of the bankruptclause 158 restricts the bankrupt from disposing off any property in the time period between the filing of the application for bankruptcy and the bankruptcy commencement date, and any such disposition would be void the purpose of this clause is to prevent the bankrupt from siphoning away property, which may be used for distribution amongst the creditors, and to also prevent the bankrupt from disposing any other property which may be an excluded asset since a moratorium is imposed on the creditors during this period, this restriction is imposed on the debtor during the same period purchases made in good faith, or in other words, bona fide purchasers are protected under this clauseclause 159 sets out the treatment of after-acquired property, which has been defined in this clause any property which can be categorized as an after acquired property may be claimed by the bankruptcy trustee for the estate, by issuing a notice to the bankrupt in case the said notice is sought to be issued after the expiry of the prescribed time period, the approval of the adjudicating authority is required bona-fide purchasers are protected under this clauseclause 160 sets out the treatment of onerous property, which has been defined in this clause the bankruptcy trustee is entitled to disclaim onerous property from the estate of the bankrupt, to prevent the reduction in the value of the estate the notice for disclaimer shall be issued to the bankrupt by the bankruptcy trustee, and on the issuance of such notice to the bankrupt, the onerous property is deemed to have been disclaimedclause 161 provides that the bankruptcy trustee will not issue a notice under the previous clause to disclaim any onerous property from the estate of the bankrupt if a decision on an application by an interested person in relation to whether an onerous property should be disclaimed or not, is pending therefore, any property which cannot be disclaimed due to non-issuance of a notice due to such an application, will be deemed to be a part of the estate of the bankruptclause 162 provides for a slightly different process for disclaimer of leasehold interest in an onerous property a notice of disclaimer for such interest is required to be served on every interested person, and if no objection is received from such person, then the bankruptcy trustee is entitled to disclaim the leasehold interest in an onerous property however, if an application of objection is received, the disclaimer will take effect only if the adjudicating authority has directed so under clause 163clause 163 accords a right of hearing to persons whose rights may get jeopardized due to the disclaimer of the onerous propertyclause 164 sets out the treatment of undervalued transactions, which have been defined in this clause the bankruptcy trustee can make an application for obtaining an order in respect of an undervalued transaction, inter alia for declaring it void and vesting it with him as a part of the estate of the bankrupt, where such a transaction causes or leads to the commencement of the bankruptcy process there is no requirement to show that the transaction was carried out with the intention to put assets out of the reach of creditors, and it is sufficient to show that the transaction was, in fact, a transaction at an undervaluethe undervalued transaction is required to have been undertaken in a specified time period and should not be in the ordinary course of business of the bankrupt, for it to be covered under this clause however, if an undervalued transaction is made in the ordinary course of business with an associate of the bankrupt, the exception provided under sub-clause 5 will not be available, as an associate is presumed to be aware of the financial circumstances and motives of the bankruptclause 165 sets out the treatment of transactions giving preference, which have been defined under the clause the bankruptcy trustee can make an application for obtaining an order in respect of a transaction giving preference, inter alia for declaring it void and vesting it with him as a part of the estate of the bankrupt, where such a transaction causes or leads to the commencement of the bankruptcy process the clause requires the transaction to have been undertaken within a specified period of time and also requires the presence of intention on the part of the bankrupt to give such a preference such intention is presumed if the person to whom the preference is given is an associate of the bankruptclause 166 provides for protection to the bona fide purchasers in relation to undervalued transactions and transactions giving preference the protection is extended to the direct as well as indirect purchasers of the bankrupt, and protects their interest in the property acquired by virtue of such transactions, and exempts them from payment of any sum to the bankruptcy trustee in relation to any benefit received on account of such transactionsclause 167 sets out the treatment of extortionate credit transactions, as have been defined in this clause the bankruptcy trustee may apply to the adjudicating authority for obtaining an order under sub-clause 3, inter alia for avoiding or varying the debts created by such transactions, such that the debts do not form part of the bankruptcy debts any property surrendered under this clause shall be included in the estate of the bankrupt an exception to such transactions is a transaction under which any debt is extended by a person regulated for the provision of financial services in compliance with the law in force in relation to such debtclause 168 sets out the treatment of contracts entered into by a bankrupt with any person, prior to the bankruptcy commencement date the party, other than the bankrupt can apply to the adjudicating authority to exempt either or both the parties from the performance of the contract along with payment of damages, and payment of such damages by the bankrupt are provable as bankruptcy debtclause 169 provides that in the event of the death of the bankrupt, the bankruptcy proceeding will not abate and the bankruptcy trustee will continue with the administration and distribution of the estateclause 170 providess that the administration of a deceased bankrupt shall be carried out as per the provisions of chapter v of part iii of the code, as far as they are applicable any surplus, after the payment of all the debts of the bankrupt, shall be distributed amongst the legal representatives this clause provides that the funeral and testamentary expenses incurred shall rank equally as the secured creditors' debts under clause 178clause 171 lays down the detailed procedure for proof of debts of the creditors, to be undertaken after fourteen days of preparation of the list of creditors under clause 132clause 172 provides that a secured creditor may either realize his security or surrender his security in the bankruptcy process in case he does the former, and any balance debt is still due, he may prove the balance debt under clause 171, however if he does the latter, he will prove his entire debt under clause 171clause 173 provisions for setting off of certain amounts under mutual dealings between the bankrupt and the creditor, which have occurred prior to the bankruptcy commencement date however, the set off will not be done if the creditor was aware of the pending bankruptcy application, at the time the sums became dueclause 174 proposes the declaration and distribution of interim dividends amongst the creditors, which have been proved, in the priority envisaged under clause 178 however, the bankruptcy trustee is required to take into consideration the debts mentioned under sub- clause 3 and provision for them, before declaring and distributing the interim dividend in the event that any debt under sub-clause 3 is not ascertainable, then the bankruptcy trustee may assign an estimated value to the sumclause 175 provides for the manner of distribution of property, which by its very nature cannot be readily or advantageously sold the distribution of such property is subject to approval by the creditors committeeclause 176 proposes that the bankruptcy trustee shall give a notice to the creditors of his intention to declare the final dividend, or that no further dividend will be declared (in case of interim dividend being sufficient), on realization of the entire estate of the bankrupt the manner of distribution is set out in clause 3, 4 and 6 any surplus after the completion of the distribution shall be given to the bankruptclause 177 -proposes that a creditor who has not proved his debt before the declaration of any dividend is not entitled to disturb the distribution of that dividend or any other dividend declared before his debt was proved however, if he has not been paid dividend to which he is entitled, he shall be entitled to receive them in priority out of the money available for the payment of any further dividend this clause also provides that an action can lie against the bankruptcy trustee if he refuses to pay a dividend which is payableclause 178 sets out the priority in which the debts of the bankrupt shall be repaid to the creditors and other stakeholders the interests on all the debts laid down in sub-clause 1 shall be paid out of the surplus after the payments under sub-clause 1 have been made, and rank equally, irrespective of the nature of the debt in case of distribution of payment of partnership debts, the partnership property will be applied in the first instance and then the separate property of the partners may be applied, whereas, in the payment of separate debts of the partners, their separate property will be applied in the first instance, and then the partnership property will be appliedclause 179 provides that the debt recovery tribunal shall be the adjudicating authority for insolvency resolution and bankruptcy of individuals and unlimited liability partnership firms and also lays down the criteria for establishing the territorial jurisdiction of the tribunalclause 180 excludes the jurisdiction of the civil court for matters for which the debt recovery tribunal has the jurisdiction under clause 179clause 181 provides that the appellate authority for filing an appeal from a final order of the debt recovery tribunal will be the debt recovery appellate tribunalclause 182 proposes that the appellate authority for an appeal on a question of law against a final order of the debt recovery appellate tribunal shall be the supreme courtclause 183 requires the debt recovery tribunal and the debt recovery appellate tribunal to record in writing the reasons for delay, in case an order is not passed within the specified timelinesclause 184 is the first offence for part iii of the code, and proposes to punish the creditor or the debtor for providing false information during the insolvency resolution process it also proposes to punish any creditor who promised to vote in favour of the repayment plan by accepting money, property or security from the debtorclause 185 makes the resolution professional liable for imprisonment and payment of compensation, in the event he contravenes the provisions of part iiiclause 186 lays down offences, which if committed by the bankrupt during the bankruptcy process will render him punishable with imprisonment or fine or bothclause 187 makes the bankruptcy trustee liable for imprisonment and fine, in the event he fraudulently misapplied or retained or became accountable for any money or property comprised in the estate of the bankrupt or where he willfully acted so as to cause loss to the estate of the bankruptclause 188 establishes the insolvency and bankruptcy board of india it provides that the board will be a body corporate having perpetual succession and a common seal the board will have its head office in mumbai, and have the power to establish offices within and outside indiaclause 189 provides for the composition of the insolvency and bankruptcy board it provides that the board shall consist of members who shall be appointed by the central government it will have one chairperson, three ex-officio members from the central government (one each to represent the ministry of finance, the ministry of corporate affairs and the ministry of law), one member nominated by the rbi (ex officio), and five other members of whom at least three shall be whole time membersit further provides that every appointment made under this clause (other than for the ex officio members) shall be made after the recommendation of a selection committee the term of office of the chairperson and members other than ex-officio members shall be five years or till they attain the age of sixty five years, whichever is earlier the salaries and allowance, and the terms of conditions of service of all members other than the ex-officio members may be prescribedclause 190 provides for grounds for removal of a member from office a member may be removed from office if he (a) is an undischarged bankrupt as defined under part iii; (b) has become physically or mentally incapable; (c) has been convicted of an offence which in the opinion of the central government involves moral turpitude; (d) hasabused his positionit further provides that no member shall be removed from office without being given an opportunity of being heardclause 191 provides that the chairperson shall have powers of general superintendence and direction of the affairs of the board unless provided otherwise in regulations the chairperson may also exercise such other powers as may be delegated to himclause 192 provides for the meetings of the board it provides that the rules of procedure in regard to transaction of business at its meeting may be issued by regulations it further provides that in the absence of a chairman, any other member chosen by the members shall preside over the meetings questions to be decided by the board shall be decided on the basis of a majority vote the chairman, or the member presiding, shall have the power to cast a second or a casting vote in the event of a tieclause 193 provides for a situation where a director of a company has a direct or indirect pecuniary interest in any matter coming up for consideration at a meeting of the board the director is required to disclose the nature of such interest the interest disclosed must be recorded in the proceedings of the board this clause also provides that such member shall not take part in any deliberation or decision of the board with respect to that matterclause 194 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 casethis clause also provides that the board may appoint such other officers and employees as it considers necessary for the efficient discharge of its functions under this code it further provides that the salaries and allowances payable to, and other terms and conditions of service of the officers and employees of the board appointed under this clause shall be specified by regulationsclause 195 states that the central government may by notification designate a financial sector regulator to exercise the powers and functions of the board under this codeclause 196 lays down the general powers and functions of the board it further provides that the board will have the powers of a civil court under the code of civil procedure, 1908, in respect of the following matters: a) the discovery and production of books of account and other documents, at such place and time as may be specified; b) summoning and enforcing the attendance of persons and examining them on oath; c) inspection of any books, registers and other documents of any person at any place; d) issuing of commissions for the examination of witnesses or documentsclause 197 provides for constitution of committees as may be specified by regulationseach committee will have a chairperson and such other members as may be specifiedclause 198 provides that, notwithstanding anything contained in the code, if the board does not perform any act within the period specified in this code, the relevant adjudicating authority may condone the delay the reasons for condonation of delay must be recorded in writingclause 199 prohibits any person from carrying on its business as an insolvency professional agency and enroll insolvency professionals as its members except in accordance with a certificate of registration granted in this behalf by the boardclause 200 lays down the principles of governing registration of insolvency professional agencies it provides that the board must have regard to the following principles: a) to promote the professional development of and regulation of insolvency professionals; b) to promote the services of competent insolvency professionals to cater to the needs of debtors, creditors and such other persons as may be specified; c) to promote good professional and ethical conduct amongst insolvency professionals, d) to protect the interests of debtors, creditors and such other persons as may be specified; e) to promote the growth of insolvency professional agencies for the effective resolution of insolvency and bankruptcy processes under this codeclause 201 provides that the form and manner of an application for registration of an insolvency professional agency may be specified it puts a time limit of 7 days for acknowledgement of the application on receipt of the application, the board may, grant a certificate of registration to the applicant or reject, by order, such application it provides that no order rejecting the application shall be made without giving the applicant an opportunity of being heard, and that every such order shall be communicated to the applicant within a period of fifteen days if the application is accepted, the board may issue a certificate of registration to the applicant in such form and manner and subject to such terms and conditions as may be specified the board may renew such certificate from time to time in such manner and on payment of such fee as may be specifiedit further provides that the board may, by order, suspend or cancel the certificate of registration granted to an insolvency professional agency on any of the following grounds: (a) if it has obtained registration by making a false statement or misrepresentation or by any other unlawful means; (b) that it has failed to comply with the requirements of the regulations made by the board or bye-laws made by the insolvency professional agency; (c) that it has contravened any of the provisions of the code or the rules or the registration made thereunder; (d) on any other ground as may specified it provides that no order shall be made under this sub-section without giving the insolvency professional agency concerned a reasonable opportunity of being heard it also provides that no such order shall be passed by any member except whole-time members of the boardclause 202 provides that any insolvency professional agency which is aggrieved by the order of the board under clause 201 may prefer an appeal to the national company law appellate tribunal in such form and manner and within such time as may be specifiedclause 203 provides that the board may make regulations to specify (a) the setting up of a governing board of an insolvency professional agency; (b) the minimum number of independent members to be on the governing board of the insolvency professional agency; and (c) the number of insolvency professionals being its members who shall be on the governing board of the insolvency professional agencyclause 204 provides that an insolvency professional agency must perform the following functions: (a) grant membership to persons who fulfill all requirements set out in its bye-laws on payment of membership fee; (b) lay down standards of professional conduct for its members; (c) monitor the performance of its members; (d) safeguard the rights, privileges and interests of insolvency professionals who are its members; (e) suspend or cancel the member of insolvency professionals who are its members on the grounds set out in its bye-laws; (f) redress the grievances of consumers against insolvency professionals who are its members; and (g) publish information about its functions, list of its members, performance of its members and such other information as may be specifiedclause 205 provides for the subject matter of the bye-laws of insolvency professional agencies it states that every insolvency professional agency, after obtaining the approval of the board, shall make bye-laws to provide for (a) the minimum standards of professional competence for its members; (b) the standards for professional and ethical conduct of its members; (c) requirements for enrolment of persons as its member which shall be nondiscriminatory; (d) the manner of granting membership to persons who fulfill its requirement; (e) setting up for a governing board for its internal governance and management in accordance with the regulations specified by the board; (f) the information required to be submitted by its members including the form and time for submitting such information; (g) the specific classes of persons to whom services shall be provided at concessional rates or for no remuneration by its members; (h) the grounds on which penalties may be levied upon its members and the manner thereof; (i) a fair and transparent mechanism for redressal of grievances against its members; (j) the grounds under which the insolvency professionals may be expelled from its membership; (k) the quantum of fee and the manner of collecting fee for inducting persons as its members; (l) the curriculum for enrolment of persons as its members which shall not be less than the curriculum specified by the board; (m) the manner of conducting examination of the curriculum specified by the board for enrolment of insolvency professionals; (n) the manner of monitoring and reviewing the working of insolvency professionals who are its members; (o) the duties and other activities to be performed by its members; (p) the amount of registration bond and performance security to be furnished by an insolvency professional for the performance of his duties, the form and manner in which such registration bond and performance security shall be furnished to the insolvency professional agency; (q) the manner of conducting disciplinary proceedings against its members and imposing penalties; (r) the manner of utilising the amount received as registration bond or performance security in case where penalty imposed against any insolvency professional remains unpaidclause 206 provides for posting of a performance bond it states that on the commencement of an insolvency resolution process, where an insolvency resolution professional is appointed: (a) the insolvency professional agency where such insolvency professional is registered as a member, shall post a performance bond with the board in such form and manner as may be specified; and (b) the insolvency professional shall deposit with the insolvency professional agency a performance security of an amount and in a manner as specified the performance bond so posted shall provide for (a) the concerned insolvency professional agency to act as a surety for the obligations of the insolvency professional and to be jointly and severally liable for losses in relation to any person whose interests are prejudicially affected by any act of fraud or gross misconduct of the insolvency professional; and (b) the payment of claims in respect of losses mentioned in (a), which shall be equal in amount, to at least the value of the assets of the corporate debtor or the debtor as on the insolvency commencement date or the insolvency commencement date of the debtor, as the case may beit further provides that the performance security deposited with the insolvency professional agency under clause (b) of sub-section (1) shall be used in discharging any obligations imposed on the insolvency professionals under this code it also provides that each insolvency professional agency shall by its bye-laws specify the means for determining the liability of insolvency professionals who are members of such insolvency professional agency in respect of any performance bond under this clauseclause 207 prohibits any person from rendering his services as an insolvency professional under this code without being enrolled as a member of an insolvency professional agency it states that every insolvency professional shall, after obtaining the membership of any insolvency professional agency, register themselves with the board within such time, in such manner and on payment of such fee, as may be specifiedclause 208 lays down the functions and obligations of insolvency professionals an insolvency professional must take action with respect to the following matters: (a) a fresh start process under chapter ii of part iii; (b) individual insolvency resolution process under chapter iii of part iii; (c) corporate insolvency resolution process under chapter ii of part ii; (d) individual bankruptcy process under chapter iv of part iii; and (e) liquidation of a corporate debtor firm under chapter iii of part iiit also provides that every insolvency professional shall have the following obligations(code of conduct): (a) to take reasonable care and diligence while performing his duties; (b) to comply with all requirements and terms and conditions specified in the bye-laws of the insolvency professional agency of which he is a member; (c) to allow the insolvency professional agency to inspect his records; (d) to furnish registration bond and performance security to the insolvency professional agency before providing any service under this code; (e) to submit a copy of the records of every proceeding before the adjudicating authority to the board as well as to the insolvency professional agency of which he is a member and (f), to perform his functions in such manner and subject to such conditions as may be specified by the insolvency and bankruptcy board of indiaclause 209 prohibits any person from carrying on its business as an information utility except in accordance with a certificate of registration issued by the boardclause 210 provides that the form and manner of an application for registration of an information utility may be specified it puts a time limit of 7 days for acknowledgement of the application on receipt of the application, the board may, grant a certificate of registration to the applicant or reject, by order, such application it provides that no order rejecting the application shall be made without giving the applicant an opportunity of being heard, and that every such order shall be communicated to the applicant within a period of fifteen days if the application is accepted, the board may issue a certificate of registration to the applicant in such form and manner and subject to such terms and conditions as may be specified the board may renew such certificate from time to time in such manner and on payment of such fee as may be specifiedit further provides that the board may, by order, suspend or cancel the certificate of registration granted to an information utility on any of the following grounds: (a) if it has obtained registration by making a false statement or misrepresentation or by any other unlawful means; (b) that it has failed to comply with the requirements of the regulations made by the board; (c) that it has contravened any of the provisions of the code or the rules or the registration made thereunder; (d) on any other ground as may specified it provides that no order shall be made under this sub-section without giving the information utility concerned a reasonable opportunity of being heard it also provides that no such order shall be passed by any member except whole-time members of the boardclause 211 provides that any information utility which is aggrieved by the order of the board under clause 201 may prefer an appeal to the national company law appellate tribunal in such form and manner and within as may be specifiedclause 212 provides that the board may require every information utility to set up a governing board with such number of independent members as may be specifiedclause 213 provides that an information utility shall provide such service as may be specified, including core services to any person if such person complies with the terms and conditions as may be specifiedclause 214 provides that an information utility has the following obligations: (a) create and store financial information in a universally accessible format;(b) accept electronic submissions of financial information from persons who are under obligations to submit financial information under sub-section (2) of clause 215, in such form and manner as may be specified; (c) accept, in specified form and manner, electronic submissions of financial information from persons who intend to submit such information; (d) meet such minimum service quality standards as may be specified; (e) get the information received from various persons authenticated by all concerned parties before storing such information; (f) provide access to the financial information stored by it to any person who intends to access such information in such manner as may be specified; (g) publish such statistical information as may be specifiedclause 215 provides that any person who intends to submit financial information to the information utility or access the information from the information utility shall pay such fee and submit information in such form and manner as may be specified it also provides that a financial creditor or, as the case may be, an operational creditor shall submit financial information and information relating to secured assets in such form and manner as may be specifiedclause 216 provides for the rights of persons submitting financial information to an information utility they shall have the following rights: (a) to correct errors or update or modify any financial information so submitted in a manner and within such time as may be specified; and (b) to demand the information utility to remove from its records the information so submitted, with the concurrence of all counterparties to any contracts or agreements, in a manner and within such time as may be specifiedit further provides that a person who submits financial information to an information utility shall not provide such information to any other person, except to such extent, under such circumstances, and in such manner, as may be specifiedclause 217 provides that any person aggrieved by the functioning of an insolvency professional agency or insolvency professional or an information utility may file a complaint to the board in such form and manner as may be specifiedclause 218 provides for the investigation of an insolvency professional agency or its member or an information utility it states that the board, on receipt of a complaint under clause 217 or suo motu, has reason to believe that any insolvency professional agency or insolvency professional or an information utility has contravened any of the provisions of the code or the rules or regulations made or directions issued by the board thereunder, it may by an order in writing, direct any person or persons authorized in this behalf (hereinafter referred to as the investigating authority in this chapter) to conduct an inspection or investigation of the insolvency professional agency or insolvency professional or an information utility the time and manner of carrying out such inspection or investigation may be specified the investigating authority may, in the course of such inspection or investigation, require any other person who is likely to have any relevant document, record or information to furnish the same, and such person shall be bound to furnish such document, record or information it may do so only after providing detailed reasons to such person the investigating authority may, in the course of its inspection or investigation, enter any building or place where they may have reasons to believe that any such document, record or information relating to the subject-matter of the inquiry may be found and may seize any such document, record or information or take extracts or copies therefrom, subject to the provisions of section 100 of the code of criminal procedure, 1973, insofar as they may be applicable the investigating authority shall keep in its custody the books, registers, other documents and records seized under this clause for such period not later than the conclusion of the investigation as it considers necessary and thereafter shall return the same to the concerned person from whose custody or power they were seized it provides that the investigation authority may, before returning the aforesaid documents, place identification marks on them it also provides for submission of a detailed report of inspection or investigation to be submitted to the boardclause 219 provides that the board may, upon completion of an inspection or investigation under clause 218, issue a show cause notice to such insolvency professional agency or insolvency professional or information utility, and carry out inspection of such insolvency professional agency or insolvency professional or information utility in such manner, giving such time for giving reply, as may be specifiedclause 220 provides for the constitution of a disciplinary committee to consider the reports of the investigating authority submitted under sub-section (6) of clause 218 the members of the disciplinary committee shall consist of whole-time members of the board only it also provides that on the examination of the report of the investigating authority, if the disciplinary committee is satisfied that sufficient cause exists, it may impose monetary penalty as specified in subsection (3) or suspend or cancel the registration of the insolvency professional or, suspend or cancel the registration of insolvency professional agency or information utility as the case may be it provides that such monetary penalty must be imposed in the following manner: where any insolvency professional agency or insolvency professional or an information utility has contravened any provision of this code or rules or regulations made thereunder, the maximum monetary penalty shall be the higher of - (a) three times the amount of the loss caused, or likely to have been caused, to persons concerned on account of such contravention; or (b) three times the amount of the unlawful gain made on account of such contravention in case where such loss or unlawful gain is not quantifiable, the total amount of monetary penalty imposed shall not exceed more than one crore rupeesit also provides that, notwithstanding anything contained in the sub-section (3), the board may direct any person who has made unlawful gain or averted loss by indulging in any activity in contravention of this code, or the rules or regulations made thereunder, to disgorge an amount equivalent to such unlawful gain or aversion of loss the board may take such action as may be required to provide restitution to the person who suffered loss on account of any contravention from the amount so disgorged, if the person who suffered such loss is identifiable and the loss so suffered is directly attributable to such personit further provides that the board may specify the following: (a) the procedure for claiming restitution under sub-section (5); (b) the period within which such restitution may be claimed; and (c) the manner in which restitution of amount may be madeclause 221 provides that the central government may, after due appropriation made by parliament by law in this behalf, make to the board grants of such sums of money as that government may think fit for being utilised for the purposes of this codeclause 222 provides for the establishment of the fund of the insolvency and bankruptcy board the following shall be credited to it: (a) all grants, fees and charges received by the board under this code; (b) all sums received by the board from such other sources as may be decided upon by the central government; (c) such other funds as may be specified by the board or prescribed by the central governmentthe fund so established shall be applied for meeting: the salaries, allowances and other remuneration of the members, officers and other employees of the board; (b) the expenses of the board in the discharge of its functions under clause 196; (c) the expenses on objects and for purposes authorised by this code; and (d) such other purposes as may be prescribedclause 223 provides that the board shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india the accounts of the board shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the board to the comptroller and auditor-general of india the comptroller and auditor-general of india and any other person appointed by him in connection with the audit of the accounts of the board shall have the same rights and privileges and authority in connection with such audit as the comptroller and auditor- general generally has in connection with the audit of the government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the board the accounts of the board as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the central government and that government shall cause the same to be laid before each house of parliamentclause 224 proposes to establish an insolvency and bankruptcy fund for the purposes of insolvency resolution, liquidation and bankruptcy of persons covered under the codeclause 225 provides that the board shall be bound by directions on questions of policy issued by the central government it shall be given, as far as practicable, an opportunity to express its views before any direction is given under sub-section (1) the decision of the central government on whether or not an issue is a question of policy or not shall be finalclause 226 provides that the central government has the power to supersede the board for a period not exceeding six months as may be specified in the notification, if it is of the opinion that: (a) on account of grave emergency, the board is unable to discharge the functions and duties imposed on it by or under the provisions of this code; or (b) the board has persistently not complied with any direction issued by the central government under this code or in the discharge of the functions and duties imposed on it by or under the provisions of this code and as a result of such non-compliance the financial position of the board or the administration of the board has deteriorated; or (c) circumstances exist which render it necessary in the public interest so to doit also provides that upon the publication of a notification under sub-section (1)superseding the board, - (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 code, be exercised or discharged by or on behalf of the board, shall until the board 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 board shall, until the board is reconstituted under sub-section (3), vest in the central governmentit further provides that on the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government may reconstitute the board by a 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 appointment the central government may, at any time, before the expiration of the period of supersession, take action under sub-section (3) the central government shall cause a notification issued under sub-section (1) and a full report of any action taken under clause 225 and the circumstances leading to such action to be laid before each house of parliament at the earliestclause 227 although financial service providers are excluded from the definition of corporate persons under the proposed code, this clause allows the central government to recognise financial service providers or categories of financial service providers in consultation with the respective financial sector regulators and allow the insolvency resolution and liquidation proceedings of such entities to be conducted as per the process laid down in the proposed code notwithstanding anything to the contrary contained in the code or any other lawclause 228 provides that the board shall prepare, in such form and at such time in each financial year as may be prescribed, its budget for the next financial year, showing the estimated receipts and expenditure of the board and forward the same to the central governmentclause 229 provides that the board shall prepare, in such form and at such time in each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year, and submit a copy thereof to the central government a copy of the report received shall be laid, as soon as may be after it is received, before each house of parliamentclause 230 provides that the board may, by general or special order in writing delegate to any member, officer of the board 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 code (except the powers under clause 217) as it may deem necessaryclause 231 bars the jurisdiction of any civil court in respect of any matter which the board is empowered by, or under, this code to pass any order it also provides that 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 board by, or under, this codeclause 232 provides that members, officers and other employees of the board shall be deemed to be public servants within the meaning of section 21 of the indian penal code when acting or purporting to act in pursuance of any of the provisions of this codeclause 233 provides that no suit, prosecution or other legal proceeding shall lie against the government or any officer of the government, or the chairperson, member, officer or other employee of the board or an insolvency professional or liquidator for anything which is in done or intended to be done in good faith under the code or the rules or regulations made thereunderclause 234 states that the provisions of the code shall have effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force or any instrument having effect by virtue of any such lawclause 235 empowers the central government for making rules for carrying out the purposes of the codeclause 236 empowers the insolvency and bankruptcy board of india to make regulations for carrying out the purposes of the codeclause 237 provides that every rule, regulation and bye-law made under the code is required to be laid before each house of parliament for a period of thirty days as soon as possible it also empowers both houses to make amendments to or annul such rules, regulations and bye-lawsclause 238 seeks to empower central government to remove difficulty by publishing order in the official gazette in case of any difficulty arises in giving effect to the provision of this code before the expiry of five years from the date of commencement of this code the clause further provides that every order made to be laid before each house of parliament as soon as possibleclause 239 repeals the presidency towns insolvency act, 1909 and the provincial insolvency act, 1920 it also provides that such repeal will not affect any proceedings pending before courts or tribunals under the said enactments at the time of repeal and such proceedings will be disposed of as if the said enactments have not been repealedclause 240 specifies that all offences under part ii of the code and offences relating to insolvency professionals under part iii of the code shall be tried by special courts established under the companies act, 2013clause 241 deals with transitional provisions it provides that until the insolvency and bankruptcy board is constituted or a financial sector regulator is designated under clause 195, its powers shall be exercised by the central government it also authorises the central government to issue regulations for recognition of persons as insolvency professionals, insolvency professional agencies, and information utilities under the codeclause 242 provides for amendments to the indian partnership act, 1932 clause 243 provides for amendments to the central excise act, 1961 clause 244 provides for amendments to the income-tax act, 1961 clause 245 provides for amendments to the customs act, 1962 clause 246 provides for amendments to the recovery of debts due to banks and financial institutions act, 1993clause 247 provides for amendments to the finance act, 1994 clause 248 provides for amendments to the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002clause 249 provides for amendments to the sick industrial companies (special provisions) repeal act, 2003clause 250 provides for amendments to the payment and settlement systems act,2007clause 251 provides for amendments to the limited liability partnership act, 2008 clause 252 provides for amendments to the companies act, 2013 financial memorandumclause 53 of the bill seeks to revise the priority of government dues at the time of liquidation of a corporate person2 clause 178 of the bill seeks to revise the priority of government dues at the time of bankruptcy of an individual or of a partnership firm3 sub-clause (1) of clause 188 provides for the establishment of insolvency and bankruptcy board of india consisting of a chairperson and nine other members including three ex officio members4 sub-clause (5) of clause 189 provides that the salaries and allowances payable to, and other terms and conditions of service of, the chairperson and members ( other than ex officio members) shall be such as may be prescribed5 sub-clause (2) of clause 194 provides that the board may appoint such officers and employees as it considers necessary for efficient discharge of its functions6 clause 224 of the insolvency and bankruptcy code seeks to constitute an insolvency and bankruptcy fund for the purposes of insolvency resolution, liquidation and bankruptcy of persons in which the central government shall contribute in the form of grants7 paragraph 3 of the fifth schedule to the code relates to amendment of section 3 of the recovery of debts due to the banks and financial institutions act, 1993 to insert therein sub-section (1a) to provide that the central government shall by notification establish such number of debts recovery tribunals and its branches as it may consider necessary to exercise the powers of adjudicating authority under the code8 second, third, fourth and sixth schedules of the insolvency and bankruptcy code seek to propose appropriate changes in the provisions of the central excise act, 1994, income-tax 1961, customs act, 1962 and the finance act, 1994, respectively, in so far as they relate to the priority of payout in respect of tax dues payable to the government9 paragraph 4 of the fifth schedule to the code relates to amendment of section 8 of the recovery of debts due to the banks and financial institutions act, 1993 to insert therein sub-section (1a) to provide that the central government shall, by notification, establish such number of debts recovery appellate tribunals to entertain appeals against the orders of the adjudicating authority under the code10 paragraph 34 of the eleventh schedule to the code relates to amendment of section419 of the companies act, 2013 to substitute sub-section (4) of section 419 of the companies act, 2013 to provide that the central government shall by notification establish such number of benches of the tribunal as it may consider necessary to exercise the powers of adjudicating authority under the code11 the expenditure on account of the aforesaid provisions would be incurred, but at present it is not practicable to make an estimate of the financial implication to the consolidated fund of india arising from this legislative proposal in case of expenditure, to be incurred, the department of expenditure would be approached in accordance with the rules on the matter memorandum regarding delegated legislationclause 235 of the bill empowers the central government to make rules in respect of the following matters, namely:—(a) any other instrument which shall be a financial product under clause (15) of section 3;(b) other accounting standards which shall be a financial debt under clause (d) of sub-section (8) of section 5;(c) the form, the manner and the fee for making application before the adjudicating authority for initiating corporate insolvency resolution process by financial creditor under sub-section (2) of section 7;(d) the form in which demand notice may be made to the corporate debtor under sub-section (1) of section 8;(e) the form, the manner and the fee for making application before the adjudicating authority for initiating corporate insolvency resolution process by operational creditor under sub-section (2) of section 9;(f) the form, the manner and the fee for making application before the adjudicating authority for initiating corporate insolvency resolution process by corporate applicant under sub-section (2) of section 10;(g) the persons who shall be relative under clause (ii) of the explanation to sub-section(1) of section 79;(h) the value of unencumbered single dwelling unit owned by the debtor under clause(e) of sub-section (13) of section 79;(i) any other debt under clause (f) of sub-section (14) of section 79; (j) the form, the manner and the fee for making application for fresh start order under sub-section (2) of section 81;(k) the particulars of the debtor's personal details under clause (e) of sub-section (3) of section 81;(l) the information and documents to support application under sub-section (3) of section 86;(m) the form, the manner and the fee for making application for initiating the insolvency resolution process by the debtor under sub-section (6) of section 94;(n) the form, the manner and the fee for making application for initiating the insolvency resolution process by the creditor under sub-section (6) of section 95;(o) the particulars to be provided by the creditor to the resolution professional under sub-section (2) of section 103;(p) the form and the manner for making application for bankruptcy by the debtor under clause (b) of sub-section (1) of section 122;(q) the form and the manner of the statement of affairs of the debtor under sub-section(3) of section 122;(r) the other information under clause (d) of sub-section (1) of section 123; (s) the form, the manner and the fee for making application for bankruptcy under sub-section (6) of section 123;(t) the form and the manner in which statement of financial position shall be submitted under sub-section (2) of section 129;(u) the matters and the details which shall be include in the public notice under sub-section (2) of section 130;(v) the matters and the details which shall be include in the notice to the creditors under sub-section (3) of section 130;(w) the manner of sending details of the claims to the bankruptcy trustee and other information under sub-sections (1) and (2) of section 131;(x) the value of financial or commercial transaction under clause (d) of sub-section (1)of section 141;(y) the other things to be done by a bankrupt to assist bankruptcy trustee in carrying out his functions under clause (d) of sub-section (1) of section 150;(z) the manner of dealing with the surplus under sub-section (4) of section 170; (za) the form and the manner of proof of debt under clause (c) of sub-section (2) of section 171;(zb) the manner of receiving dividends under sub-section (7) of section 171; (zc) the particulars which the notice shall contain under sub-section (2) of section 176; (zd) the salaries and allowances payable to, and other terms and conditions of service of, the chairperson and members of the board under sub-section (5) of section 189;(ze) the other functions of the board under clause (u) of sub-section (1) of section 196; (zf) the other funds under clause (c) of sub-section (1) of section 222; (zg) the other purposes for which the fund shall be applied under clause (d) of sub-section (2) of section 222;(zh) the form in which annual statement of accounts shall be prepared under sub-section (1) of section 223;(zi) the purpose for which application for withdrawal of funds may be made, under sub-section (3) of section 224;(zj) the manner of administering the fund under sub-section (4) of section 224; (zk) the manner of conducting insolvency and liquidation proceedings under section 227;(zl) the form and the time for preparing budget by the board under section 228; (zm) the form and the time for preparing annual report under sub-section (1) of section 229;(zn) the time upto which a person appointed to any office shall continue to hold such office under clause (vi) of sub-section (2) of section 239clause 236 of the bill empowers the board to make regulations in respect of the following matters, namely:—(a) the form and the manner of accepting electronic submission of financial informationunder sub-clause (a) of clause (9) of section 3;(b) the persons to whom access to information stored with the information utility maybe provided under sub-clause (d) of clause (9) of section 3;(c) the other information under sub-clause (f) of clause (13) of section 3; (d) the other costs under clause (e) of sub-section (13) of section 5;(e) the cost incurred by the liquidator during the period of liquidation which shall be liquidation cost under sub-section (16) of section 5;(f) the other record or evidence of default under clause (a), and any other information under clause (c), of sub-section (3) of section 7;(g) the electronic mode of communication under sub-section (1), and clause (a) of sub-section (2), of section 8;(h) the other information under clause (d) of sub-section (3) of section 9; (i) the period under clause (a) of sub-section (3) of section 10; (j) the supply of essential goods or services to the corporate debtor under sub-section (2)of section 14;(k) the manner of making public announcement under sub-section (2) of section 15; (l) the manner of taking action and the restrictions thereof under clause (b) of sub-section (2) of section 17;(m) the other persons under clause (d) of sub-section (2) of section 17; (n) the other matters under clause (d) of sub-section (2) of section 17; (o) the other matters under sub-clause (iv) of clause (a), and the other duties to be performed by the interim resolution professional under clause (g), of section 18;(p) the persons who shall comprisethe committee of creditors, the functions to be exercised such committee and the manner in which functions shall be exercised under the proviso to sub-section (8) of section 21;(q) the other electronic means by which the members of the committee of creditors may meet under sub-section (1) of section 24;(r) the manner of assigning voting share to each creditor under sub-section (7) of section 24;(s) the manner of conducting the meetings of the committee of creditors under sub-section (8) of section 24;(t) the manner of appointing accountants, lawyers and other advisors under clause (d)of sub-section (2) of section 25;(u) the other actions under clause (k) of sub-section (2) of section 25; (v) the form and the manner in which an information memorandum shall be prepared by the resolution professional sub-section (1) of section 29;(w) the other matter pertaining to the corporate debtor under the explanation to sub-section (2) of section 29;(x) the manner of making payment of insolvency resolution process costs under clause (a), the manner of repayment of debts of operational creditors under clause (b), and the other requirements to which a resolution plan shall conform to under clause (d),of sub-section (2) of section 30;(y) the fee for the conduct of the liquidation proceedings and proportion to the value of the liquidation estate assets under sub-section (8) of section 34;(z) the manner of evaluating the assets and property of the corporate debtor under clause (c), the manner of selling property in parcels under clause (f), the manner of reporting progress of the liquidation process under clause (n), and the other functions to be performed under clause (o), of sub-section (1) of section 35;(za) the manner of making the records available to other stakeholders under sub-section (2) of section 35;(zb) the other means under clause (a) of sub-section (3) of section 36; (zc) the other assets under clause (e) of sub-section (4) of section 36; (zd) the other source under clause (g) of sub-section (1) of section 37; (ze) the manner of providing financial information relating to the corporate debtor under sub-section (2) of section 37;(zf) the form, the manner and the supporting documents to be submitted by operational creditor to prove the claim under sub-section (3) of section 38;(zg) the time within which the liquidator shall verify the claims under sub-section (1) of section 39;(zh) the manner of determining the value of claims under section 41; (zi) the manner of relinquishing security interest to the liquidation estate and receiving proceeds from the sale of assets by the liquidator under clause (a), and the manner of realising security interest under clause (b) of sub-section (1) of section 52;(zj) the other means under clause (b) of sub-section (3) of section 52; (zk) the manner in which secured creditor shall be paid by the liquidator under subsection (9) of section 52;(zl) the period under sub-section (1) of section 53; (zm) the other means under clause (a) and theother information under clause (b) of section 57;(zn) the conditions and procedural requirements under sub-section (2) of section 59; (zo) the details and the documents required to be submitted under sub-section (7) of section 95;(zp) the other matters under clause (c) of sub-section (4) of section 105;(zq) the manner and form of proxy voting under sub-section (4) of section 107; (zr) the manner and form of proxy voting under sub-section (3) of section 133; (zs) the fee to be charged under sub-section (1) of section 144;(zt) the salaries and allowances payable to, and other terms and conditions of service of, officers and employees of the board under sub-section (3) of section 194;(zu) the other information under clause (i) of sub-section (1) of section 196;(zv) the intervals in which the periodic study, research and audit of the functioning and performance of the insolvency professional agencies, insolvency professionals and information utilities under clause (r) of sub-section (1) of section 196;(zw) the place and the time for discovery and production of books of account and other documents under clause (i) of sub-section (3) of section 196;(zx) the other committees to be constituted by the board and the other members of such committees under section 197;(zy) the other persons under clause (b) and clause (d) of section 200; (zz) the form and the manner of application for registration, the particulars to be contained therein and the fee it shall accompany under sub-section (1) of section 201;(zza) the form and manner of issuing a certificate of registration and the terms and conditions thereof, under sub-section (3) of section 201;(zzb) the manner of renewal of the certificate of registration and the fee therefor, under sub-section (4) of section 201;(zzc) the other ground under clause (d) of sub-section (5) of section 201; (zzd) the form of appeal to the national company law appellate tribunal, the period within which it shall be filed under section 202;(zze) the other information under clause (g) of section 204; (zzf) the other grounds under explanation to section 205; (zzg) the setting up of a governing board for its internal governance and management under clause (e), the curriculum under clause (l), the manner of conducting examination under clause (m), of section 205;(zzh) the form and manner of posting performance bond with the board under clause(a), and the amount of performance security and the manner of depositing of performance security under clause (b), of sub-section (1) of section 206;(zzi) the means for determining the liability of insolvency professionals under sub-section (4) of section 206;(zzj) the time within which, the manner in which, and the fee for registration of insolvency professional under sub-section (2) of section 207;(zzk) the manner and the conditions subject to which the insolvency professional shall perform his function under clause (f) of sub-section (2) of section 208;(zzl) the form and manner in which, and the fee for registration of information utility under sub-section (1) of section 210;(zzm) the form and manner for issuing certificate of registration and the terms and conditions thereof, under sub-section (3) of section 210;(zzn) the manner of renewal of the certificate of registration and the fee therefor, under sub-section (4) of section 210;(zzo) the other ground under clause (d) of sub-section (5) of section 210; (zzp) the form, the period and the manner of filling appeal to the national company law appellate tribunal under section 211;(zzq) the number of independent members under section 212; (zzr) the services to be provided by information utility and the terms and conditions under section 213;(zzs) the form and manner of accepting electronic submissions of financial information under clause (b) and clause (c) of section 214;(zzt)the minimum service quality standards under clause (d) of section 214; (zzu) the information to be accessed and the manner of accessing such information under clause (f) of section 214;(zzv) the statistical information to be published under clause (g) of section 214; (zzw) the form, the fee and the manner for submitting or accessing information under sub-section (1) of section 215;(zzx) the form and manner for submitting financial information and information relating to assets under sub-section (2) of section 215;(zzy) the manner and the time within which errors may be corrected, updated or modified under clause (a) of sub-section (1) of section 2016;(zzz) the extent, the circumstances and the manner for providing information under sub-section (2) of section 216;(zzza) the form and manner of filing complaint under section 217; (zzzb) the time and manner of carrying out inspection or investigation under sub-section (2) of section 218;(zzzc) the manner of carrying out inspection of insolvency professional agency or insolvency professional or information utility and the time for giving reply under section 219;(zzzd) the other funds of clause (c) of sub-section (1) of section 222; 3 the matters in respect of which rules may be made or notification issued are matters of procedure or administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character ———— a billto consolidate and amend the laws relating to reorganisation and insolvency resolution ofcorporate persons, partnership firms and individuals in a time bound manner for maximisation of value of assets of scuh persons, to promote entrepreneurship, availability of credit and balance the interests of all the stakeholders including alteration in the order of priority of payment of government dues and to establish an insolvency and bankruptcy fund, and for matters connected therewith or incidental thereto ————(shri arun jaitley, minister of finance, corporate affairs and information & broadcasting)

Parliament_bills

3dcd8ad7-3c7b-5e2a-9196-72e6c23c4c7e

bill no xx of 2002 the high court of madras (establishment of a permanent bench at pondicherry) bill, 2002 a billto provide for the establishment of a permanent bench of the high court of madras at pondicherrybe it enacted by parliament in the fifty-third year of the republic of india as follows:—short title1 this act may be called the high court of madras (establishment of a permanent bench at pondicherry) act, 200252 there shall be established a permanent bench of the high court of madras atpondicherry and such judges of the high court of madras being not less than two in number, as the chief justice of that high court may from time to time nominate shall sit at pondicherry in order to exercise the jurisdiction and power for the time being vested in that high court in respect of cases arising in the union territory of pondicherryestablishment of a permanent bench of the high court of madras at pondicherry statement of objects and reasonspondicherry is a union territory this union territory is having independent legislature from the year 1954, high court of madras is the high court for the union territory of pondicherry the people of pondicherry have to travel from pondicherry to madras to file cases it will be in the benefit of the people of pondicherry if a bench of the high court of madras is set up at pondicherry to facilitate the people of pondicherry and to the convenience of the litigant public, in getting cheaper and speedier justicehence this billc p thirunavukkarasu rajya sabha————abillto provide for the establishment of a permanent bench of the high court of madras at pondicherry————(shri cp thirunavukkarasu, mp)

Parliament_bills

815012d1-5891-5b24-ac09-e18983422c45

the inland vessels bill, 2021———— arrangement of clauses———— chapter i preliminary clauses1 short title, extent and commencement 2 application and scope 3 definitions chapter ii declaration of inland water area into zones4 declaration of inland water area into zones chapter iii administrative provisions5 administrative role of central government and state governments 6 competent authority chapter iv survey of inland vessels7 power to classify and categorise for purpose of survey 8 construction, alteration or modification of mechanically propelled inland vessel 9 survey of vessels10 appointment and qualifications of surveyors 11 powers of surveyors 12 grant of certificate of survey and procedures 13 provisional certificate of survey and its effect 14 mechanically propelled inland vessels not to proceed without certificate of survey,and requirement of zone to be specified in such certificate15 suspension and cancellation of certificate of survey 16 delivery of expired, suspended or cancelled certificate of survey chapter v registration17 registration 18 requirement of certificate of registration 19 owner or master to carry certificate of registration(ii)(ii)20 appointment of ports or places of registry and registrars of inland vessels 21 book of registry 22 central database of inland vessels 23 application and processes of registration of vessels 24 grant of certificate of registration and marking of vessel 25 effect of certificate of registration 26 duplicate certificate 27 provisional certificate of registration 28 registration of modifications or alterations 29 change of residence or place of business 30 prohibition against transfer of ownership of registered vessel 31 suspension of certificate of registration 32 cancellation of registration 33 mortgage of mechanically propelled vessel or share therein chapter vi manning, qualification, training, examination and certification34 training and minimum age for employment 35 minimum manning scale and manning requirements 36 appointment and duties of examiners 37 grant of certificate of competency 38 certificate of service 39 effect of certificate of competency or certificate of service 40 suspension and cancellation of certificate 41 registry of certificate holders and central registry chapter vii special category vessels42 special category vessels 43 appointment or authorisation of officers to implement provisions, grant certificate of fitness, etc44 safety of passengers or service users 45 inspection of vessel 46 suspension or cancellation of certificate of fitness chapter viii navigation safety and signals47 navigation safety, lights and signals 48 obligation to ensure safe navigation49 distress signal 50 assistance to vessels in distress and persons in distress 51 life saving, fire safety and communication appliances chapter ix prevention of pollution caused by inland vessel52 chemicals, etc, to be designated as pollutants 53 certificate of prevention of pollution 54 reception facilities and containment of pollution 55 appointment of surveyor or officer to inspect 56 investigation into incidents of pollution chapter x wreck and salvage57 prohibition against intentionally causing wreck 58 receivers of wreck 59 powers of central government to make rules for chapter x chapter xi liability and limitation of liability60 liability under act 61 apportionment of loss 62 liability for personal injury, loss of life or pollution to environment 63 detention of mechanically propelled inland vessel 64 limitation of liability 65 non-applicability of limitation chapter xii insurance of mechanically propelled vessels plying in inland waters66 insurance to cover 67 contractual liability not to cover68 issuance and terms of insurance policy 69 duty to indemnify and direct action against insurer 70 effect of death on certain causes of action71 effect of certificate of insurance 72 transfer of certificate of insurance 73 powers of central government to make rules for chapter xii chapter xiii inquiry into casualty, accident or wreck74 reporting of casualty, accident, wreck, etc 75 preliminary enquiry by designated authority and inquiry by district magistrate 76 assessors77 report of district magistrate to be notified by state government 78 powers of district magistrate subsequent to inquiry 79 power of state government to suspend, cancel and confiscate certificate chapter xiv regulation of trade practices80 powers of central government to protect interests of service providers and service users81 prohibited goods and dangerous goods 82 trade permission and endorsement of certificates of foreign vessels chapter xv pilotage, vessel detention and development fund83 pilotage 84 certified master to be deemed pilot under act 15 of 1908 85 vessel detention and forfeiture 86 constitution of development fund chapter xvi offences and penalties87 offences and penalties 88 offences by company, limited liability partnership firm or any such arrangement 89 fees, additional fee, payment and collection 90 cognizance of offence chapter xvii non-mechanically propelled inland vessel91 local self-governance 92 obligation to enrol 93 certificate of enrolment and marking of vessel 94 standards of construction and safety 95 power of state government to make rules to regulate non-mechanically propelledinland vessels96 constitution of welfare fund chapter xviii miscellaneous97 desertion and absence without leave 98 general powers of central government to make rules 99 emergency preparedness100 removal of lawful obstruction101 validity of certificates issued under laws other than this act 102 obstruction to officer appointed or authorised 103 place of trial 104 composition of offences 105 appeal 106 power of central government to make rules 107 power of state government to make rules 108 power of central government to give directions 109 protection of action taken in good faith 110 power to remove difficulties 111 consistency with other laws 112 suspension or alteration of application and operation of act 113 laying of rules and notifications 114 repeal and savingsbill no 99 of 2021 the inland vessels bill, 2021 a billto promote economical and safe transportation and trade through inland waters, to bringuniformity in application of law relating to inland waterways and navigation within the country, to provide for safety of navigation, protection of life and cargo, and prevention of pollution that may be caused by the use or navigation of inland vessels, to ensure transparency and accountability of administration of inland water transportation, to strengthen procedures governing the inland vessels, their construction, survey, registration, manning, navigation and such other matters connected therewith or incidental theretobe it enacted by parliament in the seventy-second year of the republic of india as follows:— chapter i preliminary(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint:provided that different dates may be appointed for bringing into force different provisions of this act in different states or union territories, as it may deem fit by the central government5application and scope2 (1) save as otherwise expressly provided in this act, the provisions of chapters i, iii, x, xvi and xviii shall apply to all inland vessels plying within inland waters of india, and—(a) chapters iv, v, vi, viii, ix, x, xi, xii, xiii and xiv shall apply to all mechanically propelled vessels registered under this act;10(b) chapters viii, ix, x, xi, xii and xiii shall apply to vessels registered under such laws in force in india other than this act, or registered in such laws in force in any country other than india; but endorsed or recognised under this act for the purpose of plying within inland waterways;15(c) chapters iv, v, vi, vii, viii, ix, x, xi, xii, xiii and xiv shall apply to all vessels identified as special category vessels plying or using inland waterways;(d) chapter xvii shall apply to all non-mechanically propelled inland vessels20(2) notwithstanding anything contained in sub-section (1), the central government or the state government, as the case may be, may extend the application of any chapter or provision of this act to any class or category of inland vessels, or to any region of inland waters, by notification in the official gazettedefinitions3 in this act, unless the context otherwise requires,—25(a) "authorised insurer" means any insurance company carrying on any class of marine insurance business, which is registered or recognised by the central government under any law for the time being in force in india;(b) "bareboat charter" means an arrangement for the hiring of a vessel without crew, where the charterer is responsible for appointing the crew and making other arrangements;30(c) "bareboat charter-cum-demise" is a bareboat charter where the ownership of the vessel is intended to be transferred after a specified period to the company to which it has been chartered;(d) "cargo terminal" means a place designated for the loading, or unloading, or any other allied processes of such loading or unloading of cargo in a port, jetty, wharf or such other places developed within inland waters for the purpose of loading and unloading of cargo;35(e) "casualty" includes any vessel which—(i) is lost, abandoned, materially damaged; (ii) causes loss of material or damage to any other vessel; (iii) causes any loss of life or personal injury;40(iv) causes pollution as a result of or in connection with its operation;(f) "central database" means the centralised record maintained for recording the data and details of—(i) vessels; (ii) registration of vessels;45(iii) crew and manning in the vessels; (iv) certificates issued in respect of vessels;(v) reception facilities; and (vi) such other data,to be recorded and maintained in the form of an electronic portal or in such other form and manner as may be prescribed by the central government;5(g) "certificate of insurance" means a certificate issued by an authorised insurerin pursuance of the insurance premium paid by the insured, and includes a cover note complying with such requirements as may be prescribed by the central government;(h) "competent authority" means the authority referred to in section 6;10(i) "court" means any civil court, revenue court or high court having jurisdictionover the matters of liabilities and offences as provided in this act including investigation and inquiry into claims arising out of causalities and accidents within its jurisdiction;(j) "cover note" includes any note of undertaking issued by the insurer who promises to cover the liability and to indemnify the losses incurred by the insured as provided in the contract of insurance;15(k) "crew" means personnel employed for operation or serving on an inlandvessel other than master or passengers as a part of performing the functions of manning;20(l) "dangerous cargo" means any cargo, which, due to its nature, form or content as a whole or in part, are declared as dangerous or potentially dangerous while carried in on any class or category of inland vessels in inland waters under this act or any other law for the time being in force;(m) "dangerous goods" means any goods, which, due to its nature, form or content as a whole or in part, are declared as dangerous or potentially dangerous while carried in on any class or category of inland vessels in inland waters under this act or any other law for the time being in force;25(n) "designated authority" means the authorities appointed by state governmentunder sub-section (3) of section 5;(o) "fishing vessel" means a vessel fitted with mechanical mode of propulsion, which is exclusively engaged in fishing for profit, within inland waters;30(p) "hazardous chemical" means any chemical, which has been designated aspollutants under this act or any other law for the time being in force in india;(q) "inland vessel" includes any mechanically propelled inland vessel or non-mechanically propelled inland vessel which is registered and plying in inland waters, but does not include—44 of 1958 13 of 1972(i) a fishing vessel registered under the merchant shipping act, 1958 or the marine products export development authority act, 1972; and35(ii) any vessel that are specified as not to be inland vessels by notificationby the central government44 of 195840explanation—for the purposes of this clause, it is clarified that a vessel registered under the merchant shipping act, 1958 and plying within the inland waters shall be deemed to be an inland vessel registered under this act;(r) "inland waters", for the purpose of inland navigation, includes any—| ( | i | ) canal, river, lake or other navigable water inward of baseline or as may ||--------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------|| be declared by notification in the official gazette by the central government; | | || 45 | | || ( | ii | ) tidal water limit, as may be declared by notification in the official || gazette by the central government; | | |(iii) national waterways declared by the central government; and (iv) other waters as may be declared by notification in the official gazette by the central government;5(s) "lien" is a legal right or interest that a creditor has in the inland vessel or any property thereof, retained until a debt or duty is secured, or the performance of some other obligation is satisfied;10(t) "limitation of liability" means the rate or extent of liability within which the owner or such other persons entitled under this act, may limit the liability or be permitted to limit or cap the liability arising out of claims, in accordance with the procedure laid down and the rates, as may be specified in this act or as may be prescribed by the central government;(u) "load line" means a water line which is marked on an inland vessel to denote the safe carrying or loading capacity of such vessel;15(v) "master" includes any person including serang or such other person, who is in command or in charge of any inland vessel, and does not include a pilot or harbour master;20(w) "material fact" means a fact of such a nature, which determines the judgment of a prudent insurer, in assessing the extent of his liability, premium to be charged, conditions to be specified and such other terms to be entered and incorporated in a policy of insurance governing the relationship with the insured;(x) "material particular" means any particular of such a nature, which determines the judgment of a prudent insurer, in assessing the extent of his liability, premium to be charged, conditions to be specified and such other terms to be entered and incorporated in a policy of insurance governing the relationship with the insured;25(y) "mechanically propelled inland vessel" means—(i) any inland vessel in the inland waters which is propelled by mechanical means of propulsion; or30(ii) floating units, floating surfaces, dumb vessels, barges, rigs, jetties or such other non-mechanically propelled inland vessel, which are towed or pushed with the assistance of another mechanically propelled vessel and used for carriage, storage, transportation and accommodation of passengers and cargo in or through inland waters;35(z) "minimum manning requirement" means the standard and number of persons required for safe manning and navigation of vessels, as may be prescribed by the central government;(za) "non-mechanically propelled inland vessel" means any vessel which is not a mechanically propelled inland vessel;(zb) "notification" means a notification published in the gazette of india or the official gazette of a state, as the case may be, and the expression "notify" with its grammatical variation and cognate expressions shall be construed accordingly;40(zc) "obnoxious substance" means any substance, which has been designated as pollutants under this act or any other law for the time being in force in india;45(zd) "official number" means the number assigned to any vessel by the registrar of inland vessels or such other person appointed under this act, to be affixed or displayed on a conspicuous part of such vessel to refer, distinguish and identify one vessel from another;(ze) "oil" means any edible oil carried on vessel as cargo or persistent oil such as crude oil, heavy diesel oil, lubricating oil and white oil, carried on board of a vessel as cargo or fuel;(zf) "oily mixture" means a mixture with any oil content;5(zg) "owner" means operator, charterer, beneficial owner or registered owner,who is responsible for the activities of the vessel and shall be under obligation to comply with the provisions of this act in relation to, or in possessing express or implied title under this act or any other law for the time being in force;10(zh) "passenger" means any person carried on board of a vessel, except persons employed or engaged in any capacity on board of the vessel in connection with the business of the vessel;(zi) "passenger terminal" means the terminal designated for the embarking or dis-embarking of passengers and the permitted cargo, in a port, jetty, wharf or like places;15(zj) "passenger vessel" means any vessel permitted to carry more than twelvepassengers;(zk) "pilot" means a person appointed by the owner of the vessel to assist the master or to steer the vessel in such area of inland water in accordance with the mandatory requirements, as specified in section 83;20(zl) "prescribed" means prescribed by rules by the central government or astate government, as the case may be;(zm) "priority of lien" means the ranking of liens in the order in which they are perfected or recorded in the book of registry maintained at every port or place of registry;25(zn) "reciprocating country" means any country, as may on the basis of reciprocity,specified by notification by the central government to be a reciprocating country for the purposes of this act;(zo) "recognised organisation" means any organisation recognised and authorised by the central government to perform and execute the functions involved in survey, classification or certification of vessels;30(zp) "salvage" means an act of the salvor in retrieving or saving any property or life in danger due to wreck or accident and includes all expenses incurred by the salvor in the performance of salvage services;(zq) "salvor" means any person who conducts salvage operations;35(zr) "service provider" includes any person, who in the capacity of owner oroperator of an inland vessel used or plying in inland waters, providing services to any service user for the purposes of transportation, storage or accommodation;(zs) "service user" includes any person who as a passenger or owner of cargo or freight forwarder, uses the services of any inland vessel in the inland waters for transportation, storage or accommodation purposes;40(zt) "special category vessel" means a mechanically propelled inland vessel that is identified under this act as special by considering its use, purpose, function or utility or the means of propulsion including the fuelling system or source of power for propulsion, such as liquefied natural gas, electrical propulsion, the design, dimensions of construction or areas of operation or such other criteria or standards;45(zu) "vessel" includes every description of water craft used or capable of being used in inland waters, including any ship, boat, sailing vessel, tug, barge or other description of vessel including non-displacement craft, amphibious craft, wing-inground craft, ferry, roll on-roll-off vessel, container vessel, tanker vessel, gas carrier or floating unit or dumb vessel used for transportation, storage or accommodation within or through inland waters;5(zv) "wreck" means a state of any vessel, or goods or a part or property of such vessel or carried on the vessel,—(i) which have been cast into or have fallen into the inland waters and then sunk and remain under water or remains floating on the surface; or10(ii) which have sunk in the inland waters, but are attached to a floating object in order that they may be found again; or(iii) which are intentionally thrown away or abandoned without hope or intention of recovery; or(iv) which by its presence in inland waters, is a hazard or causes impediment to navigation, or adversely affects safety of life or causes pollution15 chapter ii declaration of inland water area into zones4 (1) the state government may, for the purposes of this act, declare by notification any inland water area to be a "zone" depending on the maximum significant wave height criteria specified in sub-section (2)declaration of inland water area into zones20(2) for the purposes of sub-section (1), the state government may classify the maximum significant wave height criteria into the following zones, namely:—(i) zone 1 refers to the area (other than zone 2 or zone 3) where the maximum significant wave height does not exceed 20 metres;25(ii) zone 2 refers to the area (other than zone 3) where the maximum significant wave height does not exceed 12 metres; and(iii) zone 3 refers to the area where the maximum significant wave height does not exceed 06 metres chapter iii administrative provisions30administrative role of central government and state governments5 (1) the central government may, by general or special order, direct that any power, authority or jurisdiction exercisable by it under, or in relation to any such provision of this act, or the rules made thereunder, or as may be specified in the order allocating the duties, shall, subject to such conditions and restrictions as may be so specified, also be exercisable by the competent authority or by such other officer as may be specified in that order35(2) on and from the date of issue of notifications or rules made by the central government under the provisions of this act, the provisions shall,—(a) uniformly apply in whole or in any part of india, as may be specified therein;and40(b) prevail over such notifications or rules, as the case may be, issued or madeby the state government(3) the state governments may, by notification, appoint one or more designated authorities within their respective jurisdiction for the purposes of exercising or discharging the powers, authority or duties conferred, by or under this act and the rules made thereunder45(4) notwithstanding anything contained in sub-section (1) and section 6, the existing administrative authorities constituted under state governments or union territory administrations may continue to be the designated authorities for the purposes of sub-section (3)(5) the state government may, for the purposes of implementing the various provisions of this act and the rules made thereunder, by general or special order, direct that any power or authority conferred under this act, subject to such conditions and restrictions as it may think fit, be exercised or discharged by the respective designated authorities or any officer or any other organisation or body5(6) save as otherwise provided in this act, the state government shall have the power to make rules and shall exercise the powers conferred on it, as provided by or under this act10(7) notwithstanding anything to the contrary in this act, for the purposes of administration of the non-mechanically propelled inland vessels, as specified in chapter xvii, the central government shall have no powers of administration and shall only provide assistance to the respective state government, on receipt of official request from such state governmentcompetent authority82 of 19856 the inland waterways authority of india, constituted under section 3 of the inland waterways authority of india act, 1985 shall be the competent authority for the purpose of exercising or discharging the powers, authority or duties conferred, by or under this act15 chapter iv survey of inland vessels7 (1) for the purposes of this chapter,—(a) the classification of mechanically propelled vessels;20(b) the criteria for such classification; andpower to classify and categorise for purpose of survey(c) the standards of design, construction, fitness and crew accommodation of such vessels, shall be such, as may be prescribed by the central government25(2) the state government shall classify and categorise mechanically propelled inland vessels on the basis of criteria and standards referred to in sub-section (1)8 (1) no person shall construct any mechanically propelled inland vessel, or alter or modify any mechanically propelled inland vessel so as to affect its strength, stability or safety, except with prior approval of the designated authority, in such manner as may be prescribed by the central government30construction, alteration or modification of mechanically propelled inland vessel(2) the list of alterations or modifications referred to in sub-section (1), which would affect the strength, stability or safety of any mechanically propelled inland vessel, and the criteria therefor, shall be such as may be specified by the central government, by notificationsurvey of vessels9 (1)the standard for type and periodicity of surveys for every mechanically propelled inland vessel shall be such as may be prescribed by the central government35(2) the owner, operator, master or construction yard or any other applicant, as the case may be, shall submit a request for survey in such form and content as may be prescribed by the central government45 of 186010 (1) for the purposes of this act, the state government may, by notification, appoint officers or persons as surveyors of inland vessels and such surveyors shall be deemed to be public servants within the meaning of section 21 of the indian penal code40appointment and qualifications of surveyors(2) the minimum criteria and qualifications for the appointment of surveyors, which the state governments shall adopt in the appointment of surveyors, shall be such as may be prescribed by the central governmentpowers of surveyors4511 (1) on receipt of the application from the owner or master or construction yard for conducting survey, in such form and within such time as may be prescribed by the central government, the surveyor may board or enter and inspect a mechanically propelled inland vessel:provided that the surveyor shall not unnecessarily hinder the loading or unloading of cargo or; embarking or dis-embarking of passengers of the mechanically propelled inland vessel, or unnecessarily detain or delay her from proceeding on any voyage5(2) the owner, operator, master and crew of the mechanically propelled inland vessel shall render the surveyor, all reasonable facilities for conducting survey, and all information with respect to such mechanically propelled inland vessel, and her machinery or any part thereof, and all equipment and articles on board, as he may require for the purposes of a survey1012 (1) on completion of survey of a mechanically propelled inland vessel, the surveyor shall forthwith issue the applicant, a declaration of survey, valid for such period and in such form, as may be prescribed by the central governmentgrant of certificate of survey and procedures15(2) the state government shall, if satisfied that all the provisions of this act have been complied with in respect of a declaration submitted under sub-section (1), and on receipt of payment of fee, as may be prescribed by the state government, issue a certificate of survey to the applicant20(3) a certificate of survey granted under this section shall be in such form as may be prescribed by the central government, and shall contain a statement to the effect that all the provisions of this act with respect to the survey of the mechanically propelled inland vessel and the declaration of surveyor have been complied with, and shall set forth such particulars or such other terms and conditions, as may be prescribed by the central government(4) the state government may, by notification in the official gazette, delegate all or any of the functions assigned to it by the central government under this section:provided that no delegation shall be made to authorise the grant of a certificate of survey by the surveyor, who made the declaration of survey under sub-section (1)25provisional certificate of survey and its effect13 (1) on receipt of application and the fee from the owner or operator of any mechanically propelled inland vessel, the surveyor who conducted the survey, may grant a provisional certificate of survey extending the validity of the prevailing certificate of survey by endorsement, in such form and for such period, as may be prescribed by the central government30(2) any mechanically propelled inland vessel, which has been issued with a provisional certificate of survey or endorsement under sub-section (1), may proceed on voyage or use in service, temporarily, pending the issue of the certificate of survey, in such manner and subject to the conditions as may be prescribed by the state government3514 (1) no mechanically propelled inland vessel shall be used nor proceed on voyage, without a valid certificate of survey that shall provide or indicate among others, the zone intended for operation or applicable voyage or service of such vessel(2) the certificate of survey shall have effect throughout india, unless otherwise specified therein and subject to such other conditions as may be specified by the competent authority40(3) the certificate of survey shall be valid for such period as may be specified by notification by the central government and shall not be in force—mechanically propelled inland vessels not to proceed without certificate of survey, and requirement of zone to be specified in such certificate(a) after the expiration of the period specified in the certificate of survey; or (b) after notice has been issued to cancel or suspend such certificate45(4) nothing in this section shall prevent the state government from excluding a mechanically propelled inland vessel from the requirement under sub-section (1), on an application made by the owner or master of the vessel for permission to proceed on a voyage; during the interval between the date on which the certificate of survey expires and the earliest possible date of renewal(5) after cessation of a certificate of survey, a valid certificate of survey shall be obtained only after a fresh survey of the mechanically propelled inland vessel has been conducted by any surveyor appointed under this act15 (1) the state government may suspend or cancel a certificate of survey, if it has reason to believe that—5suspension and cancellation of certificate of survey(a) the declaration of the surveyor of the sufficiency and good condition of the hull, engines or other machinery or of any of the equipment of the mechanically propelled vessel has been fraudulently or erroneously made; or10(b) the certificate has otherwise been granted upon false or erroneous information; or(c) since the making of the declaration, the hull, engine or other machinery, or any of the equipment of the mechanically propelled vessel have sustained any material damage, or have otherwise become insufficient15(2) the state government shall issue the notice of suspension of certificate of survey to the owner, operator, master or construction yard by stating the errors to be rectified and conditions that have to be complied with by the owner, operator, master or construction yard within three months from the date of issuance of such notice, in such manner as may be prescribed by that government20(3) in the event of non-compliance of the notice of suspension by the owner, operator, master or construction yard within the period specified therein, the state government shall record such non-compliance and shall issue the notice of cancellation of certificate of survey, which shall come into force with immediate effect16 (1)the owner or master shall deliver the certificate of survey, which has expired or has been suspended or cancelled, to such officer as the state government may, by notification in the official gazette, appoint in this behalf25delivery of expired, suspended or cancelled certificate of survey(2) the state government shall record the details of the cancelled certificate in the book of registry maintained by the registrar of inland vessels chapter v registration30registration17 (1) any mechanically propelled inland vessel, which is wholly owned by—(a) a citizen of india; or2 of 1912(b) a co-operative society registered or deemed to be registered under theco-operative societies act, 1912; or35(c) a body established under any act relating to co-operative societies for thetime being in force in any state; or18 of 2013(d) a company registered under the companies act, 2013; or6 of 2009(e) a partnership firm registered under the limited liability partnershipact, 2008; or40| ( | f | ) any other body including a partnership firm, trust or societies established by ||--------------------------------------------------------------------------------------------|-----|------------------------------------------------------------------------------------|| or under any central or state enactment and which has its principal place of business | | || in india; | | || ( | g | ) any legal business combination, otherwise allowed under the existing || commercial law for the time being in force in india, within the permissible foreign direct | | || investment limits in the sector and having its principal place of business in india, | | |45shall be registered under the provisions of this act44 of 1958(2) a foreign vessel, other than vessels registered or obligated to register under the merchant shipping act, 1958, chartered on bareboat charter-cum-demise by an indian charterer, for the purposes of plying exclusively within inland waters, shall be registered under the provisions of this chapter544 of 1958(3) the inland vessels registered under this act may also be registered under the merchant shipping act, 1958explanation—for the purposes of sub-section (2), "indian charterer" shall mean a person referred to in clauses (a) to (g) of sub-section (1), who has chartered a vessel on bareboat charter-cum-demise contract1018 (1) a mechanically propelled inland vessel required to be registered under this chapter, shall not proceed on any voyage or be used for any service, unless it has a valid certificate of registration granted under this act in respect thereofrequirement of certificate of registration(2) notwithstanding anything contained in sub-section (1), the authority appointed or authorised under this chapter may—15(a) permit any mechanically propelled inland vessel, built at any place other thana port or place of registry, to make her first voyage through the inland waters to any such port or place for the purpose of registration; or20(b) permit the vessel registered under any law for the time being in force in india for which provisions have been made under this act to conduct voyage within the inland waters; or(c) permit any mechanically propelled vessel registered under such laws of countries other than india, which shall only be permitted to ply within the inland waters subject to compliance of such terms and conditions as may be prescribed by the central government2519 (1) the owner or master of an inland vessel shall carry a valid certificate of registration issued under this chapter and shall make available for inspection, when demanded by the officers appointed by the state governmentowner or master to carry certificate of registration30(2) the state government or such other officer appointed or authorised under this chapter may detain any mechanically propelled inland vessel required to be registered under this act, until the respective owner, operator or master of such vessel furnishes a valid certificate of registration20 (1) for the purposes of this chapter, the state government may, by notification,—(a) appoint ports or places of registry; and35appointment of ports or places of registry and registrars of inland vessels45 of 1860(b) appoint registrar of inland vessels at the said ports or places of registry, who shall be deemed to be a public servant within the meaning of section 21 of the indian penal code (2) a registrar of inland vessels shall, in respect to the port or place of registry for which he is appointed, perform his functions as may be prescribed by the state governmentbook of registry40| 21 ||----------------------------------------------------------------------------------------------------|| which shall have record of all particulars contained in the form of certificate of registration as || may be prescribed by the central government |(2) the registrar of inland vessels shall report the details of the book of registry or entries made therein, to the state government at regular intervals, in such manner and period as may be prescribed by the state government45(3) the state government shall report and update the central government in respect of—(a) the designated ports and places of registry;(b) the details of officers appointed or authorised under this chapter; and (c) the details of registrations as entered in the book of registry, to facilitate and administer the registration processes under this chapter5central database of inland vessels22 the central government shall appoint officers to maintain a central database for inland vessels, in such form and manner, and the functions of the officers so appointed shall be such, as may be prescribed by that government23 (1) the owner or master, may make an application for registration of a mechanically propelled inland vessel, which has a valid certificate of survey issued under this act, in such form, manner and along with such particulars, as may be prescribed by the central governmentapplication and processes of registration of vessels10(2) the list of documents to be submitted or adduced by the applicants for registration, in addition to the particulars referred to in sub-section (1), shall be such as may be prescribed by the central government(3) every application for registration shall be made to the registrar of inland vessels, within the jurisdiction of the respective state in which the owner of the mechanically propelled inland vessel—15(a) ordinarily resides; or (b) has the principal place of business or the officially registered office20(4) if the registrar of inland vessels is satisfied that the vessel or the application submitted for registration is not in compliance with the provisions of this act, he may refuse to register a mechanically propelled inland vessel for reasons to be recorded in writing and shall provide the applicant a note containing the reasons for such refusal2524 (1) subject to the provisions of section 23, the registrar of inland vessels shall, grant the certificate of registration to the applicant, who has paid such fee, as may be prescribed by the state government, and assign the official number to such registered vesselgrant of certificate of registration and marking of vessel(2) the certificate of registration shall be in such form and content, as may be prescribed by the central government, and shall contain the following particulars, namely:—(a) registered address of the owner and other ownership details; (b) details of mortgage, if any;30(c) official number; (d) classification and category of vessel; (e) any other particular, as may be prescribed by the state government(3) the owner shall display the official number on a conspicuous part of the vessel, as may be prescribed by the state government3525 (1) the certificate of registration granted under section 24 shall be deemed to bevalid in all states and union territories, unless otherwise specified thereineffect of certificate of registration(2) the certificate of registration issued under this chapter shall be conclusive proofof ownership and title, as declared by the applicant and as entered in the book of registry by the registrar of inland vessels40(3) notwithstanding anything contained in this act, any person who has beneficialinterest of ownership in the mechanically propelled inland vessel or shares therein, shall have the same rights as that of the registered owner and shall be deemed as owner of such vessel for the purposes of this actduplicate certificate26 (1) if the certificate of registration issued under this chapter is lost or destroyed,the registered owner shall apply for a duplicate certificate to the registrar of inland vessels, who has issued such certificate of registration, in such form and manner as may be prescribed by the state government5(2) the registrar of inland vessels shall, on receipt of application under sub-section (1)and such fees or additional fees, as may be prescribed by the state government, issue the duplicate certificate of registrationprovisional certificate of registration27 (1) the registrar of inland vessels may, pending issuance of the certificate ofregistration, upon an application and on payment of fee, by the applicant, issue a provisional certificate of registration valid for such period as may be prescribed under sub-section (2)10(2) the application, fee and the issuance of provisional certificate of registration referred to in sub-section (1) shall be in such form, rate and manner, as may be prescribed by the central government15(3) during the period of validity of the provisional certificate of registration, the owner, operator, master or construction yard shall implement and comply with all necessary steps to be taken to have the vessel registered under this chapterregistration of modifications or alterations2028 (1) the owner, operator or master of any mechanically propelled inland vessel, shall make an application, in such form, manner and within such period as may be prescribed by the state government, to effect any alteration or modification affecting the strength, stability or safety of such mechanically propelled inland vessel along with the respective certificate of survey, in which such alteration or modification have been approved, to the respective registrar of inland vessels, who has issued the certificate of registration25(2) the registrar of inland vessels shall, on receipt of application and the certificate of survey and on receipt of such fee, as may be prescribed by the state government, either cause the alteration or modification to be registered and entered in the certificate of registration, or direct that the vessel be registered anew:provided that, where the registrar of inland vessels, directs that the vessel be registered anew, he shall grant a provisional certificate for a specific period describing the vessel as altered or endorse on the existing certificate about the particulars of the alteration30(3) any mechanically propelled inland vessel found plying without complying with sub-section (1) or sub-section (2) shall be detained by such authority or officer as the state government may, by general or special order, appoint in this behalf35change of residence or place of business29 (1) if the owner of a mechanically propelled inland vessel ceases to reside or carryon business at the registered address recorded in the certificate of registration of the vessel, such person shall comply with the procedures prescribed under sub-section (2) by thecentral government40(2) for the purposes of sub-section (1), the procedures to be complied with by theowner of any mechanically propelled inland vessel, who ceases to be the owner or applies for the requirement of transfer of registry or any such circumstances leading to change of the registered address, shall be such as may be prescribed by the central government45prohibition against transfer of ownership of registered vessel30 no mechanically propelled inland vessel registered with the registering authorityof a state government under this chapter, shall be transferred to a person residing in any country other than india, without the prior approval of the registrar of inland vessels, who has originally granted the certificate of registration and such a transfer shall be validated only if made in compliance with such procedures as may be prescribed by the central governmentsuspension of certificate of registration31 (1) the registrar of inland vessels may at any time, require any mechanicallypropelled inland vessel within the local limits of his jurisdiction to be inspected by such authority as the state government may, by general or special order, appoint in this behalf(2) as a result of such inspection, if the registrar of inland vessels has reason to believe that after the granting of the certificate of registration, the mechanically propelled inland vessel became unfit to ply in inland waters, order suspension of the certificate of registration of the said vessel for such period as he may deem fit5(3) the registrar of inland vessels shall, before suspending a certificate of registration, provide to the owner, operator or master an opportunity of being heard, and record the reasons for such suspension10(4) the registrar of inland vessels who suspends the certificate of registration under sub-section (2), shall issue a notice of suspension to the registered owner stating the reasons for suspension and the conditions to be complied within such period, as may be prescribed by the state government, for withdrawal of such order of suspension15(5) where the registration of a mechanically propelled inland vessel is suspended under sub-section (2) by any registrar of inland vessels, other than the registrar of inland vessels who has originally issued the certificate of registration, the former shall intimate the latter, regarding such order of suspension or withdrawal of such order of suspension; and the latter shall enter such order in the book of registry in which the registration of the vessel is originally recorded20(6) the registrar of inland vessels suspending the certificate of registration, shall confiscate such certificate and return the certificate to the owner or master only upon withdrawal of the order of suspensioncancellation of registration2532 (1) if any mechanically propelled inland vessel registered under this act is declared missing, destroyed, lost, abandoned or has been rendered permanently unfit for service or destined for scrapping or dismantling or sold abroad; the owner of the vessel shall, within such time as may be prescribed by the central government, report the fact to the registrar of inland vessels of the place where the vessel is registered and shall also forward to that authority, along with the report, the certificate of registration of the vessel and thereupon such registrar of inland vessels shall have the certificate of registration cancelled3035(2) any registrar of inland vessels may at any time require that any mechanically propelled inland vessel within the local limits of his jurisdiction may be inspected by such designated authority as the state government may, by general or special order, appoint in this behalf and, if as a result of such inspection, such registrar of inland vessels is satisfied that the vessel is in such a condition that it is not fit to ply in any inland water, the registrar of inland vessels may, after giving the owner of the vessel an opportunity of being heard, cancel the registration of the vessel and require the owner thereof to surrender forthwith to him, the certificate of registration in respect of that vessel, if it has not already been so surrendered40mortgage of mechanically propelled vessel or share therein33 (1) a registered mechanically propelled inland vessel or a share therein may be mortgaged as a security for a loan or other valuable consideration, and the instrument creating the security shall be in such form, as may be prescribed by the central government, and on the production of such instrument, the registrar of inland vessels who granted the certificate of registration shall record it in the book of registry(2) the manner and the conditions, subject to which a mechanically propelled inland vessel or a share therein may be mortgaged, shall be such as may be prescribed by the central government45 chapter vi manning, qualification, training, examination and certification34 (1) the standards for qualification, training, training institutes, examination and grant of certificate of competency for the purposes of this chapter shall be such as may be prescribed by the central governmenttraining and minimum age for employment(2) no person under the age of eighteen years shall be employed on a mechanically propelled inland vessel registered under this act35 the minimum manning scale applicable to different class or category of mechanically propelled inland vessels, categorised under this act or such other laws for the time being in force in india, shall be such as may be prescribed by the central government5minimum manning scale and manning requirements appointment and duties of examiners1036 (1) the state government may appoint examiners, in accordance with the criteriaand qualifications, as may be prescribed by the central government, for the purpose of examining the qualifications of persons desirous of obtaining certificates under this chapter to the effect that they are competent to undertake the responsibilities of and act as, masters, or as engineers or engine-drivers, or as such other persons, as the case may be, on the mechanically propelled inland vessels15(2) the examiners shall evaluate the persons who have undergone the training required for qualifying as masters, or as engineers or engine-drivers, or as such other persons, as the case may be, and shall report the list of successful candidates who possess the required qualifications to the central government or such other officer appointed or authorised by notification by the state governmentgrant of certificate of competency2037 (1) the state government may evaluate the report provided by the examiners, andupon confirmation as to the correctness of such report; shall grant to every candidate; who is reported by the examiners to possess the required qualifications, with the certificate of competency, certifying that the candidate specified in the report is competent to serve, in such capacity as may be specified therein, on any class or category or whole of the mechanically propelled inland vessel as specified in the certificate25(2) the state government shall require for further examination or a re-examination of all or any of the candidates, if it is found that the report submitted by examiners is defective, or there exists reason to believe that such a report has been unduly made(3) the certificate of competency shall be in such form and manner as may be prescribed by the central governmentcertificate of service3038 (1) the state government may, on an application, without examination, grant acertificate of service to any person who has served as a master, or as an engineer, of a vessel of the coast guard, indian navy or regular army for such period as may be prescribed in this behalf by the central government, to the effect that he is competent to act, as a first-class master, second-class master or serang, or as an engineer, first-class engine-driver orsecond-class engine-driver or in such capacity as may be specified therein, as the case may be, on board the mechanically propelled inland vessel35(2) for the purposes of granting of certificate of service under sub-section (1), the state government shall verify the certificate, certifying the competence of the applicant as issued by the coast guard, indian navy or regular army, as submitted to it by such applicant along with his application(3) notwithstanding anything contained herein, the state government may by recording reasons thereof, refuse granting of certificate of service under sub-section (1)40(4) a certificate of service so granted under sub-section (1), shall be in such form and manner; and shall be subject to such conditions, as may be prescribed by the central government, and shall have the same effect as a certificate of competency granted under section 374539 subject to the provisions of this act and such conditions as may be prescribed by the central government, a certificate of competency or certificate of service shall be valid throughout indiaeffect of certificate of competency or certificate of service40 (1) if the holder of any certificate issued under this chapter is found to have acted in contravention to the provisions of this act or the rules made thereunder; the said certificate shall be liable to be suspended or cancelledsuspension and cancellation of certificate5(2) the state government or any officer appointed or authorised under this chapter shall issue notice to the holder of certificate and shall provide him an opportunity of being heard before suspension or cancellation of certificates issued under this chapter10(3) notwithstanding anything contained in sub-section (2), the state government or any officer appointed or authorised under this chapter, may suspend or cancel the certificate of competency or the certificate of service granted under this chapter by recording reasons thereof(4) if a certificate issued under the provisions of this chapter is suspended or cancelled, the holder of such certificate shall deliver it to the state government or such officer, appointed or authorised by that government by notification in official gazette under this chapter1541 (1) the state government shall maintain registers in electronic format to record, the details and data of the certificate, and the respective certificates, issued under this chapter in such form and manner as may be prescribed by itregistry of certificate holders and central registry20(2) the state government shall report and update the central government with the information on data and details of certificates issued, granted, cancelled or suspended or such other remarks, made by the respective authority in regular intervals, as may be prescribed by the central government(3) the central government shall update the central data base with the reports and information received from all the state governments under this chapter in electronic format chapter vii special category vessels25special category vessels42 (1) for the purposes of this chapter, the central government may, by rules to be made in this behalf, specify the criteria and standards to identify any class or category of mechanically propelled inland vessels as special category vessels based on their design, construction, use, purpose, area of plying, source of energy or fuelling, or any other criteria or standards30(2) the requirements of construction, design, survey, registration, manning, qualification, competency, or the requirements in addition to those contained elsewhere in this act shall be such, as may be prescribed by the central government35(3) the state governments shall identify the mechanically propelled inland vessels as special category vessels based on the criteria and standards prescribed by the central government under sub-section (1)43 (1) the state government shall appoint or authorise such number of officers for the purpose of performing duties and implementing the provisions of this chapter40appointment or authorisation of officers to implement provisions, grant certificate of fitness, etc(2) on an application made by owner, operator or master of any mechanically propelled inland vessel in such form as may be prescribed by the state government, any officer appointed or authorised under sub-section (1), on being satisfied that such vessel complies with the provisions of this act and falls under the special category vessels as identified in this chapter, and subject to such other conditions including validity as may be prescribed by the state government, may grant a certificate of fitness, in such form and manner as may be prescribed by that government45(3) the officer appointed or authorised under sub-section (1) may, for reasons to be recorded in writing, refuse to grant the certificate of fitness in respect of an application made under sub-section (2)safety of passengers or service users44 (1) the safety features, gears and such other measures by which any mechanicallypropelled inland vessel, identified as special category vessel under this chapter, shall comply with and be equipped in accordance with the categorisation of such vessel, shall be such as may be prescribed by the state government5(2) the maximum carrying capacity of the vessel identified as special category vesselby specifying the safety loadline or the limits of loadline to keep them afloat, or such other criteria and conditions, other than those mentioned elsewhere in this act for the safe voyage of such inland vessel, shall be such as may be prescribed by the state governmentinspection of vessel1045 (1) the surveyor may, other than for the purpose of survey, at any reasonable time,go on board any special category vessel, and inspect the respective vessel including the hull, equipment and machinery or any part or properties of such vessel15(2) the owner, operator, agent, master and any such person in-charge of the specialcategory vessel, shall make available all necessary facilities to the surveyor for inspection and survey, and all such information regarding the vessel and her machinery and equipment, or any part thereof, respectively, as the surveyor or such other officer may reasonably requiresuspension or cancellation of certificate of fitness46 (1) if any special category vessel does not comply with the provisions of this actor the rules made thereunder, the state government may issue notice to the owner or operator or master or any person in-charge of such vessel, for rectifying the non-compliance within such time as may be specified therein20 25(2) in case of continuance of non-compliance by the owner or operator or master or any person in-charge of the special category vessel even after receipt of the notice issued under sub-section (1), the state government may, after providing an opportunity of being heard and for reasons to be recorded in writing, suspend or cancel the certificate of fitness issued to such vessel under this chapter(3) if the certificate of fitness of a special category vessel has been suspended or cancelled under sub-section (2), then such vessel shall cease to operate till the suspension is revoked, or in the event of cancellation, shall cease to operate till a new certificate of fitness is granted30 chapter viii navigation safety and signalsnavigation safety, lights and signals47 (1) the specifications and requirements of signals and equipment based onclassification and categorisation of mechanically propelled vessels, to be complied with by such vessels shall be such as may be prescribed by the central government35(2) the fog and distress signals to be carried and used, the steering and sailing rules to be complied with and the different protocols for exhibition and display of different standards of lights, shapes and signals, by any mechanically propelled vessel plying in inland waters shall be such, as may be prescribed by the central government40(3) the owner or master of every mechanically propelled vessel, while in the inland water limit, shall comply with the rules made under sub-sections (1) and (2), and shall not carry or exhibit any lights or shapes or use any fog or distress signals, other than that required to be exhibited under this chapter or the rules made thereunder48 (1) every mechanically propelled vessel shall adopt necessary measures to prevent collision and to ensure safe navigation through inland watersobligation to ensure safe navigation45(2) if any damage to person or property arises in the inland water limit due to non-observance of any of the rules made under this chapter by any mechanically propelled vessel, the damage shall be deemed to have been occasioned by the wilful default of the person in-charge of such vessel at that time, unless it is shown to the satisfaction of the court that the circumstances of the case demanded deviance from the applicable rulesdistress signal549 the master of a mechanically propelled vessel, while in the inland water limit, on finding or encountering a dangerous derelict or any other hazard to navigation in the inland waterways, shall immediately send a signal to indicate the danger or distress, or any such information to other mechanically propelled vessels in the vicinity and to the concerned state government:provided that no fees or charges shall be levied on any mechanically propelled vessel, in using any device for communicating any information under this section1050 (1) the master of any mechanically propelled vessel, while in the inland water limit, who has received any signal of distress from any vessel or aircraft within the inland water limit, shall proceed immediately to the assistance of the persons in distress by acknowledging the receipt of such signal to the vessel in distressassistance to vessels in distress and persons in distress15(2) notwithstanding anything contained in sub-section (1), the master of a mechanically propelled vessel shall be released from the obligation to render assistance as provided in the said sub-section, if he is unable to do so, or in the special circumstances of the case, considers it unreasonable to act as provided in the said sub-section, or if the requirement for assistance is being complied with by other vessels, or the assistance is no longer required(3) the master of any mechanically propelled vessel, while in the inland water limit, shall render assistance to every person found in danger of being lost in the inland waters20(4) the master of any mechanically propelled inland vessel may abstain from complying with sub-section (3), if in his judgment, he is unable to or, in the special circumstances of the case, such assistance may not be rendered without serious danger to his vessel, or to the persons on board and, in such event shall inform the respective authorities regarding his inability of such non-compliance2551 (1) the central government shall, by rules made in this behalf, specify the class or category of mechanically propelled inland vessels to be equipped with navigation aids, life saving appliances, fire detection and extinguishing appliances and communication applianceslife saving, fire safety and communication appliances(2) the owner, operator or master of all mechanically propelled inland vessels shall comply with the requirements of navigation aids, life saving appliances, fire detection and extinguishing appliances and communication appliances as specified in sub-section (1)30(3) the state government may appoint or authorise such officers as surveyors to inspect and ensure that the mechanically propelled inland vessels comply with the applicable requirements specified in sub-section (1)35(4) if the surveyor, on inspection, finds that the mechanically propelled inland vessel is not so provided with life saving and fire appliances in conformity with the provisions of this act and the rules made thereunder, he shall issue a notice to the master or owner or operator in writing pointing out the deficiency, and unless the master or owner or operator complies with the said notice and report such compliance to the surveyor, the said vessel shall not proceed to conduct any voyage chapter ix40 prevention of pollution caused by inland vessel52 (1) the central government shall, by notification, designate the list of chemicals, any ingredients or substance carried as bunker or as cargo, or any substance in any form discharged from any mechanically propelled inland vessel, as pollutantschemicals, etc, to be designated as pollutants45(2) the owner or master of any mechanically propelled inland vessel shall discharge or dispose of the sewage and garbage in accordance with such standards and manner as may be prescribed by the central government(3) no mechanically propelled inland vessel shall cause pollution by discharging or dumping of pollutants designated under sub-section (1):provided that nothing in this sub-section shall apply to the discharge dump or emission of such oil or oily mixture, hazardous chemical or obnoxious substance or any other pollutant, as the case may be, from a mechanically propelled inland vessel for the purpose of securing the safety of any mechanically propelled inland vessel, preventing damage to another mechanically propelled inland vessel, cargo or saving of life at inland water5certificate of prevention of pollution53 (1) the central government shall, by rules made in this behalf, specify the standards of construction and equipment of the mechanically propelled inland vessels to ensure compliance with the requirements of this chapter10(2) the state government shall appoint or authorise such officers to ensure construction, installation and maintenance of equipment of all mechanically propelled inland vessels and issue certificate of prevention of pollution, in compliance with the provisions of this chapter15(3) every mechanically propelled inland vessel, which has been constructed and equipped in compliance with this chapter shall be issued with a certificate of prevention of pollution in such form, validity and content as may be prescribed by the central government(4) every mechanically propelled inland vessel shall carry on board a valid certificate of prevention of pollution and shall furnish the same on demand by concerned officers appointed or authorised under this chapter20reception facilities and containment of pollution54 (1) the central government shall, by rules made in this behalf, specify the conditions for construction, use and maintenance of reception facilities for the containment of pollution and removal of pollutants arising from spillage or discharge arising from mechanically propelled inland vessels at all cargo terminals or passenger terminals25(2) the owner or operator of all cargo terminals or passenger terminals shall provide reception facilities to discharge oil, oily mixture, hazardous chemicals, sewage or obnoxious substances at such cargo or passenger terminal, as the case may be, in compliance of sub-section (1)(3) the owner or operator of all cargo terminals or passenger terminals, providing reception facilities shall receive charges, at such rates as may be prescribed by the state government30(4) for the purposes of minimising the pollution already caused, or for preventing the imminent threat of pollution, the central government or such other officer appointed by the state government may, by order in writing, direct the owner or operator of cargo or passenger terminal to provide or arrange for the provision of such pollution containment equipment and pollutant removing materials, at such cargo and passenger terminal, as may be specified in such order35(5) the owner or operator of the passenger or cargo terminal shall submit a report of compliance to the central government or such other officer appointed under sub-section (4), in such form as may be prescribed by the state government40(6) the owner, operator or master of any mechanically propelled vessel used or plying within inland waters, shall discharge the pollutants at the port reception facilities in such manner as may be prescribed by the state government55 (1) the state government may appoint or authorise such officers as surveyors to inspect any cargo or passenger terminal lying within its respective jurisdictioninspect(2) the surveyor authorised under sub-section (1) may, at any reasonable time, enter and inspect any cargo or passenger terminal to—45(a) ensure that the provisions of this chapter are complied with; (b) verify whether such cargo or passenger terminal is equipped for pollution containment and removal, in conformity with the order of the state government or any of the rules made under this chapter; and(c) satisfy himself of the adequacy of the measures taken to prevent pollution5(3) if the surveyor, on inspection, finds that the cargo or passenger terminal is not provided with the required pollution containment equipment and pollutant removing materials, he shall give a notice in writing pointing out the deficiencies and the recommended remedial measures to rectify such deficiency, that is identified during the inspection, to the owner or operator of such cargo or passenger terminal, as the case may be10(4) no owner or operator of such cargo or passenger terminal, as the case may be, served with the notice under sub-section (3), shall proceed with any work at such cargo or passenger terminal, until he obtains a certificate signed by the surveyor to the effect that the cargo or passenger terminal, is properly provided with the required pollution containment equipment and pollutant removing materials in conformity with the rules made under this chapterinvestigation into incidents of pollution56 (1) the state government shall direct any designated authority or such other authorised officer appointed under chapter xiii to conduct investigation into incidents of pollution15(2) the state government shall update the central government with such informationor report of the court, if so directed by such court concerned, on incidents of pollution that occurs within its jurisdiction chapter x wreck and salvage2057 the owner, operator, master or person in-charge of a vessel plying in inland watersshall not intentionally abandon, desert, dump, throw overboard or jettison the vessel or property or parts or cargo, so as to cause wreckprohibition against intentionally causing wreckreceivers of wreck58 (1) the state government may, by notification, appoint or authorise any officer to act as receiver of wreck within the respective jurisdiction25(2) the owner, operator, master or person in-charge of vessel, property or cargo, whichis wrecked, stranded or in distress or who has found any vessel, property or cargo wrecked, stranded or in distress in the inland waters, shall immediately inform, by all means of communication to the receiver of wreck in whose jurisdiction the vessel, property or cargo is found to be wrecked, stranded or in distress30(3) the owner of the wreck, whose property or cargo, is wrecked or stranded or is indistress in the inland waters shall inform the receiver of wreck in writing of the finding thereof and of the marks by which such wreck can be distinguished, and in cases, where the wreckis in possession of any person other than the owner, operator, master or person in-charge ofvessel, property or cargo, such person shall deliver such wreck to the receiver of wreck35explanation—for the purposes of this chapter, the word "person" shall have the meaning assigned to it in clause (42) of section 3 of the general clauses act, 189710 of 189759 for the purposes of this chapter, the—(a) powers and functions of the receiver of wreck;powers of central government to make rules for chapter x40(b) responsibilities and obligations of the owner, operator, master or personin-charge of vessel, property or cargo with respect to the wreck;(c) measures adopted for the removal of obstruction to navigation; (d) disposal of wreck, including its sale and proceeds of unsold property; (e) measures to be adopted for protection of wreck, fouling of governmentmoorings;45(f) rights and duties of salvors and performance of salvage operations or resolutionof disputes pertaining to amount payable to salvors; and(g) such other matter, which the central government may deem necessary for theefficient administration and removal of wrecks,shall be such as may be prescribed by the central government chapter xi liability and limitation of liabilityliability under act60 (1) the owner, operator, master, a member of crew or an insurer shall be liable for theoffences and contraventions of the provisions of this act or the rules made thereunder5(2) where any person is beneficially interested otherwise than by way of mortgage orin the share in any mechanically propelled inland vessel registered in the name of some other person as owner, the person so interested, and the registered owner, shall be liable to all the pecuniary penalties imposed by this or any other act on the owners of mechanically propelled inland vessels or shares therein10apportionment of loss61 (1) whenever by the fault of two or more mechanically propelled inland vessels,damage or loss is caused to one or more of them or to the cargo of one or more of them or to any property on board one or more of them, the liability to make good the damage or loss shall be in proportion to the degree in which each of such vessel was at fault:provided that—15(a) if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally;| ( ||----------------------------------------------------------|| loss or damage to which such vessel has not contributed; || 20 |(c) nothing in this section shall affect the liability of any person under any contract, or shall be construed as imposing any liability upon any person from which he is exempted by any contract or by the provisions of any law for the time being in force, or as affecting the right of any person to limit his liability in the manner provided by such law25(2) for the purposes of this chapter, reference to damage or loss caused by the fault of a mechanically propelled inland vessel shall be construed as including reference to any salvage or other expenses, consequent upon that fault, recoverable under the provisions of any law for the time being in force by way of damages30(3) the person who has suffered damage or injured or his representative may apply to any court having appropriate jurisdiction on the claim, for the detention or attachment of the vessel| 62 ||----------------------------------------------------------------------------------------------------|| pollution is caused by any person on any mechanically propelled inland vessel or any other || vessel, owing to the fault of that vessel and of any other vessel or vessels, the liability of the || owners of such vessels concerned shall be joint and several |liability for personal injury, loss of life or pollution to environment35(2) no liability for any claim other than loss of life, personal injury or pollution, shall attach to the owner, operator, master, or a member of crew or insurer under this chapter, if he proves that the cause for claim—(a) was a result of an act of war, hostility, civil war, insurrection or a natural phenomenon of an exceptional, inevitable and irresistible character; or40(b) was wholly caused by an act or omission with intent to cause such damage by any other person; or(c) was wholly caused by the negligence or other wrongful act of a state government or other authority responsible for the maintenance of lights or other navigational aids in exercise of its functions in that behalf45detention of mechanically propelled inland vessel63 the state government may appoint or authorise any officer under this chapter, for the purpose of detaining any mechanically propelled inland vessel in connection with a claim, or an offence under this chapter, and the procedure thereof shall be such as may be prescribed by that governmentlimitation of liability64 (1) the owner, operator, master or any person in-charge of a vessel or member of crew of any mechanically propelled vessel may limit the extent of his liability for—5(a) claims in respect of loss of life or personal injury, or loss of, or damage to,property including damage to jetties, wharfs, harbour basins and waterways and aids to navigation, occurring on board or in direct connection with the operation of such vessels or with salvage operations, and consequential loss resulting therefrom;(b) claims arising out of loss resulting from delay in the carriage of cargo andpassengers or their luggage by inland waters;10(c) claims arising out of other loss resulting from infringement of rights otherthan contractual rights, occurring in direct connection with the operation of such vessel or salvage operations;(d) claims in respect of the raising, removal, destruction or rendering harmless ofa vessel or the cargo which is sunk, wrecked, stranded or abandoned;15(e) claims of a person, other than the person liable, in respect of measures takenby such person in order to avert or minimise loss and for further loss caused by such measure;(f) claims for the loss of life or personal injury to passengers of such vesselbrought by or on behalf of any person—(i) under the contract of passenger carriage; or20(ii) who, with the consent of the carrier, is accompanying a vessel for liveanimals which are covered by a contract for the carriage of goods, carried in such vessel(2) notwithstanding anything contained in this section, no person shall be entitled to limit his liability for—25(a) claims for salvage; or (b) claims stipulated as exempted from the application of limitation of liabilityunder any other law for the time being in force in india30(3) notwithstanding anything contained in this section, the act of invoking limitation of liability shall not be construed as constituting an admission of liability by any person who takes the defence(4) for the purposes of this chapter, the liability of the owner or operator of a mechanically propelled inland vessel shall include the liability in an action brought against such vessels35(5) the limits of liability and the criteria in determining compensation for any claim as provided under sub-section (1) shall be such as may be prescribed by the central government(6) the person entitled to limit liability under sub-section (1) may apply to the high court of respective jurisdiction for constituting a limitation fund for the consolidated rate as provided for under this chapter40(7) where a vessel or other property is detained in connection with a claim, covered under this chapter, the high court may order release of such vessel or other property, upon an application made by the person, who is entitled to limit their liability and by—(a) ensuring that such person, who is entitled to constitute the limitation fund has submitted his availability in person to the jurisdiction of the high court; or45(b) depositing sufficient fund or financial guarantee as determined by the high court as security; or(c) constituting the limitation fund, as the case may benonapplicability of limitation65 no person shall be entitled to limit the liability against any claim, if such claim has arisen due to intentional act or negligence of the person or his employee, who otherwise would have been entitled to limit his liability under this chapter chapter xii5 insurance of mechanically propelled vessels plying in inland watersinsurance to cover66 no mechanically propelled vessel shall be used for voyage in inland waters, unlessthere is in force—(a) a policy of insurance which shall cover liability that may be incurred by theinsured—10(i) in respect of the death of or bodily injury to any person or damage toany property caused by or arising out of the use of the mechanically propelled vessel;(ii) in respect of liability of operational pollution and accidental pollutionof inland waters;156 of 1991(b) a policy of insurance in compliance of the public liability insuranceact, 1991, if the mechanically propelled inland vessel is carrying or meant to carry, dangerous or hazardous goods;(c) a policy of insurance covering the mechanically propelled vessel to—| ( | i | ) a value not less than the liability incurred; or ||---------------------------------------------------------------------------------|-----|----------------------------------------------------------------------------|| 20 | | || ( | ii | ) entitle it to be covered under limitation of liability as provided under || this act, a value not less than the specified and applicable limitation amount: | | || 25 | | |provided that any policy of insurance issued with a value not less than the limitation of liability in force, immediately before the commencement of this act, shall continue to be effective for a period of twelve months after such commencement or till the date of expiry of such policy, whichever is earliercontractual liability not to cover67 notwithstanding anything contained in this chapter, a policy shall not be requiredto cover any contractual liability of the insured that arises due to any performance or non-performance of a contract or of agreement in the capacity of a service provider3068 (1) for the purposes of section 66, the policy of insurance issued shall be a policy, which—issuance and terms of insurance policy(a) is issued by an authorised insurer; (b) insures the mechanically propelled inland vessel, any person or any classes of persons specified in the policy to the extent specified in section 66; and35(c) is a certificate of insurance issued by the insurer to the insured in such form and content, and subject to such conditions as may be prescribed by the central government (2) the terms and conditions to be incorporated in the contract of insurance entered between insurer and insured to cover the risks as provided in section 66 shall be such as may be prescribed by the central government40duty to indemnify and direct action against insurer69 (1) notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the insured or any person, as specified in the policy in respect of any liability which the policy purports to cover in the case of the insured or that person45(2) any claim for compensation against the loss or damage under this act and covered by the insurance may be brought directly against the insurer in respect of the liability incurred by the registered owner39 of 1925effect of death on certain causes of action570 notwithstanding anything contained in section 306 of the indian succession act, 1925, the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim under the provisions of this chapter, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurer| 71 | when an insurer has issued a certificate of insurance in respect of a contract of ||---------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------|| insurance between the insurer and the insured person, then,— | || effect of | || certificate of | || insurance | || 10 | || ( | a || the insurer to the insured, the insurer shall, as between himself and any other person | || except the insured, be deemed to have issued to the insured person a policy of insurance | || conforming in all respects with the description and particulars stated in such certificate; | || and | || 15 | || ( | b || but the actual terms of the policy are less favourable to the person claiming under or by | || virtue of the policy against the insurer either directly or through the insured than the | || particulars of the policy as stated in the certificate, the policy shall, as between the | || insurer and any other person except the insured, be deemed to be in terms conforming | || in all respects with the particulars stated in the said certificate | |20transfer of certificate of insurance2572 where a person in whose favour the certificate of insurance has been issued in accordance with the provisions of this chapter transfers to another person, the ownership of the mechanically propelled vessel covered under this chapter, in respect of which such insurance was taken together with the policy of insurance relating thereto, the certificate of insurance and the policy described in the certificate shall be deemed to have been transferred in favour of the person to whom the mechanically propelled inland vessel is transferred with effect from the date of its transferexplanation—for the removal of doubts, it is hereby clarified that such deemed transfer shall include transfer of rights and liabilities covered under the said certificate of insurance and the policy of insurance3073 the central government shall, by rules made in this behalf, specify the terms, conditions and procedures to be complied with by the insurers and insured including—(a) cover note of insurance and its validity;| ( | b | ) rights and duties of the insured; ||---------------|-----|--------------------------------------------------------------|| powers of | | || central | | || government | | || to make rules | | || for chapter | | || xii | | || ( | c | ) procedures and processes involved in processing of claims; |(d) duties and obligations of the insurers to satisfy the judgments and awards;35(e) rights of claimants, liability of the insured and the insurers in specialcircumstances such as the insured becomes insolvent and the procedures to be followed;(f) procedures, processes and minimum terms of conditions for the settlementbetween the insurers and insured persons;40(g) procedures to be followed in the transfer of certificate of insurance; and (h) such other matters directly or indirectly related to insurance of mechanicallypropelled vessels, for the purposes of effective implementation and administration of this chapter chapter xiii45 inquiry into casualty, accident or wreck74 (1) the state government, may by notification, appoint any designated authority for the purposes of this chapterreporting of casualty, accident, wreck, etc5(2) the owner, operator or master of a mechanically propelled inland vessel, shall give information of any wreck, abandonment, damage, casualty, accident, explosion or loss occurred to or on board such a vessel while in the inland waters, to the officer in-charge of the nearest police station and to the designated authority appointed under sub-section (1), in such form and manner as may be prescribed by the state government(3) the designated authority shall at once report the contents of the information referred to in sub-section (2) to the district magistrate102 of 1974(4) the officer in-charge of the police station shall, on receipt of information referred to in sub-section (2), investigate into the matter and submit a report to the jurisdictional judicial magistrate in accordance with the provisions of chapter xii of the code of criminal procedure, 1973(5) the judicial magistrate may, on receiving the report referred to in sub-section (4), take action as he may deem fit in accordance with the provisions of chapter xvi1575 (1) the designated authority may, in pursuance of the information referred to in sub-section (2) of section 74, conduct a preliminary enquiry and submit a report thereof to the district magistrate, who shall transmit the same to the concerned state governmentpreliminary enquiry by designated authority and inquiry by district magistrate20(2) the state government may, on receipt of the report referred to in sub-section (1), if deemed necessary, direct the district magistrate to submit an additional report to it and send a copy thereof to the judicial magistrate of the first class referred to in sub-section (4) of section 74 through the jurisdictional police(3) the powers of the district magistrate referred to in sub-section (2) and the procedures to be followed by him in holding the inquiry for submission of additional report shall be such as may be prescribed by the state governmentassessors2576 (1) for the purposes of this chapter, the state government may appoint andmaintain a list of assessors, which may be revised from time to time(2) the state government shall, by rules made in this behalf, specify the qualifications, criteria and consideration, fees or charges for the assessors, who are conversant with the maritime affairs and have experience in the merchant service or in the navigation of the mechanically propelled inland vessels and willing to act as an assessor30(3) the district magistrate may, for the purposes of assisting in the inquiry under this chapter, appoint any number of assessors, from the list of assessors provided to him by the state government(4) in every inquiry, other than the one specified in sub-section (3), the district magistrate may, if he thinks fit, appoint an assessor, for the purposes of such inquiry, any person35(5) every person appointed as an assessor under this section shall assist the district magistrate in the inquiry and deliver his opinion as may be sought for, which shall be recorded in the proceedings4077 (1) the district magistrate shall, in the case of every inquiry under this chapter, make a full report of the conclusions at which he has arrived, together with the evidence recorded and the written opinion of any assessorreport of district magistrate to be notified by state government(2) the state government shall, on receipt of the report referred to in sub-section (1)from the district magistrate, cause it to be published by notification in its official gazette4578 (1) the district magistrate may, after inquiry, recommend in his report for cancellation or suspension or confiscation of a certificate of competency or a certificate of service granted to a master, crew or engineer by the state government under chapter vi, if such district magistrate finds that—powers of district magistrate subsequent to inquiry(a) the accident or casualty, including loss, stranding or abandonment of, or damage to, any mechanically propelled inland vessel, or loss of life, has been caused by the wrongful act or default of such master or engineer;(b) such master or engineer is incompetent or has been guilty of any gross act of drunkenness, tyranny or other misconduct, or in a case of collision, has failed to render such assistance or give such information or notice as may be required under this act5(2) at the conclusion of the inquiry, or as soon thereafter as possible, the district magistrate shall state in open sitting, the decision arrived at by him with respect to the cancellation or suspension or confiscation of any certificate of competency or a certificate of service and, if suspension is ordered, the period for which the certificate is suspended10(3) without prejudice to the provisions of this section, the district magistrate may also make such order and require such security in respect of the costs of the matter as he may deem fit and necessary in the circumstances of the case1579 (1) the state government, in whose jurisdiction the certificate of competency or a certificate of service was granted under chapter vi, may cancel or suspend any such certificate or, in the event of the vessel being found in the jurisdiction of another state government, such state government may confiscate the certificate, if,—power of state government to suspend, cancel and confiscate certificate(a) on any inquiry made under this chapter, the district magistrate reports for cancellation or suspension or confiscation of that certificate under section 78; or(b) the holder of such certificate is proved to have been convicted of any non-bailable offence; or20(c) the holder of such certificate is proved to have deserted his vessel or has absented himself without leave and without sufficient reason, from his vessel or from his duty; or25(d) in the case of a person holding any designation as provided by the certificate of competency or certificate of service, is or has become, in the opinion of the state government, unfit to act in such designation, as the case may be (2) every person whose certificate of competency or a certificate of service is suspended or cancelled under this chapter shall deliver it to such person as the state government, which suspended or cancelled it, may direct30(3) if any state government cancels, suspends or confiscates the certificate of competency or a certificate of service granted under chapter vi, the proceedings and the fact of confiscation and recommendation for suspension or cancellation, shall be reported to the state government which has originally issued, granted or endorsed such certificates35(4) the state government may, at any time, revoke any order of suspension or cancellation or confiscation which it may have made under this chapter, or grant a certificate anew, for reasons to be recorded in writing, to any person whose certificate it has so cancelled and such certificate granted anew, shall have the same effect as a certificate of competency granted under this act after examination chapter xiv regulation of trade practices4080 the central government may, prescribe the minimum standards, terms and conditions to protect the interests of service providers and service users and to ensure safety of such personspowers of central government to protect interests of service providers and service usersprohibited goods and dangerous goods81 the central government shall, by notification, declare the list of dangerous goods that may be carried subject to such conditions, as may be prescribed by it, and prohibited goods that are prohibited from being carried on any class or category of mechanically propelled inland vessels, while plying in the inland waters5trade permission and endorsement of certificates of foreign vessels1082 (1) no vessel registered in any country other than india shall be permitted to be used or employed for the purposes of, carriage of goods, transportation of passengers, storage units, accommodation, floating units or for such other purposes within the inland waters, unless such vessel has secured prior permission from the central government for its use or employment for such purposes and subject to such terms and conditions as may be prescribed by the central government:15provided that, where the central government has entered or in the event of that government entering into bilateral or multilateral treaties pertaining to the inland navigation, whereby the permission is provided to the vessels belonging to foreign countries to ply within inland waters of india, the central government or the state government, as the case may be, shall impose or apply such vessels belonging to the foreign countries, with the same conditions to the service providers in india20(2) for the purposes of sub-section (1), any certificate granted by any other foreign country in accordance with the provisions of any law for the time being in force in that country corresponding to the provisions as provided in chapters iv, v and vi under this act may, on payment of such fees as may be prescribed by the central government, for the grant of a similar certificate or licence under this act, be endorsed by—(a) any state government in india; or25(b) with the general or special sanction and subject to such other terms and conditions of such state government, by any authority competent to grant a similar certificate under this act (3) upon endorsement of any such certificate as provided in sub-section (2), it shall have effect for such period and to such extent as may be prescribed by the central government and shall be treated as if it had been granted under this act chapter xv30 pilotage, vessel detention and development fundpilotage83 (1) the central government may, by notification, specify the requirement of pilotagein whole or part of inland waterways declared as national waterways35(2) the state government may, by notification, specify the requirement of pilotage inwhole or part or any stretch of designated inland waterways or such passages that lie within the respective territory of such state governments and in respect of which the central government has not specified under sub-section (1)40certified master to be deemed pilot under act 15 of 190884 subject to the provisions of section 83, every master of any mechanically propelledinland vessel, who possesses a master's certificate granted under this act and in force, shall, in ports to which section 31 of the indian ports act, 1908 has been extended, be deemed, for the purposes of that section, to be the pilot of the mechanically propelled inland vessel of which he is in-chargevessel detention and forfeiture85 (1) the state government or any officer authorised under this act may, detain,forfeit or remove from the inland waters, any mechanically propelled inland vessel, which is required to be registered under the provisions of this act, if found—(a) plying or being used in inland waters without a valid certificate of registration;45(b) plying without a valid certificate of survey; (c) plying with passengers beyond the permitted carrying capacity;(d) to have not affixed the registration number assigned to such vessels as provided under this act;(e) not complying with the manning requirements under chapter vi; (f) not complying with the provisions of chapter viii; (g) to act in contravention to the provisions of chapter x;5(h) not in compliance with the provisions of chapter xii; (i) to carry dangerous goods or prohibited goods in contravention to theprovisions of section 81 or the rules made thereunder10(2) the owner, operator or any such person recognised as responsible for the vessel under detention, shall pay the respective and applicable fees and charges for the safe custody and maintenance of the detained or forfeited vessel, which shall be pre-condition for release of the vessel and which if unpaid, shall create a lien over such vessel to comply with the provisions of this act15(3) upon compliance with the provisions of this act and the rules made thereunder, and after rectifying the mistakes that lead to detention, the state government shall, without any unreasonable delay, release the vessel and her custody to the owner, operator or any such person recognised as responsible for the vessel under this act20(4) unless specifically provided elsewhere in this act, the procedures for detention, formality, fees and conditions to be followed and observed by the concerned officer or authority or court, appointed or authorised or constituted under this act, for the purpose of detaining a vessel, shall be such as may be prescribed by the state government(5) an officer so authorised to enter any vessel may, for the purpose of enforcing the order of detention or forfeiture, call to his aid, any police officer or any other person authorised under this act or such other laws in force in india2586 (1) there shall be a fund constituted by the state government to be called thedevelopment fund, to be utilised for—constitution of development fund(a) meeting emergency preparedness;30(b) meeting containment of pollution caused by discharge of oil, mixtures,obnoxious substances, chemicals and other noxious and harmful substances, to preserve and protect inland waters;(c) supporting, part or whole of expenses of owners or economically backwardsector involved in activities of trade and living depending solely on inland waters;(d) removal of unidentified wreck or obstruction affecting and impedingnavigation; and35(e) boosting up development works of inland water navigation with respect tosafety and convenience of conveyance (2) for the purposes of constitution of the development fund under sub-section (1),endeavour shall be made to design schemes of contribution from—(a) the state government;40(b) stake holders; (c) the amount collected from sale of wreck or cargo or remains thereof afterdeducting the expenses incurred;45(d) excess fund out of judicial sale of vessels or any property or cargo aftermeeting the expenses incurred or set-off against the court to meet damages or functioning of the court or administrative machinery; and(e) part or proportionate disbursement of fees collected by the respective state government as provided in this chapter chapter xvi offences and penalties5offences and penalties87 (1) whoever, contravenes any of the provisions of this act, shall be punishable with penalty as mentioned in the third column of the table provided in sub-section (2)(2) the classification of offences for contravention of the provisions of this act and the corresponding penalties therefor shall be as provided in the following table, namely:—| section | offence | penalty ||--------------------------------------|-------------------------------|------------------|| 10 | | || (1) | (2) | (3) || fine which may extend to ten | | || thousand rupees for every | | || non-compliance found | | || 15 | | || 8 | any | owner, || construction yard, found guilty of | | || construction, alteration or | | || modification of mechanically | | || propelled inland vessel in | | || contravention of section 8 | | || 20 | | || fine which may extend to ten | | || thousand rupees for the first | | || offence and twenty-five | | || thousand | rupees | for || subsequent offences | | || 14 ( | 1 | ) || mechanically propelled inland | | || vessel, using such vessel, without | | || a valid certificate of survey has | | || acted in contravention of | | || sub-section ( | 1 | ) of section 14 || 25 | | || fine which may extend to ten | | || thousand rupees for the first | | || offence and fifty thousand | | || rupees | for | subsequent || offences | | || 30 | | || 18 ( | 1 | ) || mechanically propelled inland | | || vessel proceeding on any voyage | | || or use a mechanically propelled | | || inland vessel required to be | | || registered, for any service, without | | || a valid certificate of registration | | || and | in | contravention || sub-section ( | 1 | ) of section 18 || fine which may extend to ten | | || thousand rupees for every | | || non-compliance found | | || 35 | | || 19 ( | 1 | ) || carry a valid certificate of | | || registration or not making the | | || same available for inspection, | | || has acted in contravention of | | || sub-section ( | 1 | ) of section 19 || fine which may extend to ten | | || thousand rupees | | || 40 | | || 24 ( | 3 | ) || number on the conspicuous part | | || of a vessel has acted in | | || contravention of sub-section ( | 3 | ) || of section 24 | | || 45 | | || 27 | owner, operator or any person | || responsible for the operation of | | || the vessel, has acted in | | || contravention of section 27 | | || fine which may extend to ten | | || thousand rupees for the first | | || offence and twenty-five | | || thousand | rupees | for || subsequent offences | | || (1) | (2) | (3) ||------------------------------------|----------------------------------|------------------|| 5 | | || fine which may extend to ten | | || thousand rupees for the first | | || offence and twenty-five | | || thousand | rupees | for || subsequent offences | | || 28 ( | 2 | ) || mechanically propelled inland | | || vessel not registering the details | | || of alterations that are mandated | | || to be registered as specified in | | || sub-section ( | 2 | ) of section 28 || fine which may extend to five | | || hundred rupees for every day | | || of non-compliance | | || 10 | | || 29 | owner or operator of any | || mechanically propelled inland | | || vessel, who does not comply with | | || the requirements or has acted in | | || contravention of section 29 | | || 30 | owner of any mechanically | || propelled inland vessel, has acted | | || in contravention of section 30 | | || 15 | | || fine which may extend to ten | | || thousand rupees per day or | | || imprisonment which may | | || extend to one year, or with | | || both | | || fine which may extend to five | | || thousand rupees for every day | | || of non-compliance | | || 20 | | || 32 ( | 1 | ) || propelled inland vessel, has acted | | || in contravention of sub-section | | || ( | 1 | ) of section 32 || 25 | | || 34 ( | 2 | ) || vessel, persons under the age of | | || eighteen years are employed, | | || has acted in contravention of | | || sub-section ( | 2 | ) of section 34 || fine which may extend to five | | || thousand rupees for every day | | || of | non-compliance | or || imprisonment not exceeding six | | || months, or with both | | || 30 | | || fine which may extend to ten | | || thousand rupees for the first | | || offence and twenty-five | | || thousand | rupees | for || subsequent offences | | || 35 | owner or operator of any | || mechanically propelled inland | | || vessel without complying with the | | || specified minimum manning scale | | || has acted in contravention to | | || section 35 | | || 35 | | || fine up to five thousand rupees | | || per day or imprisonment | | || extending up to six months, or | | || with both | | || 40 ( | 1 | ) and || ( | 4 | ) || contravention to the provisions of | | || this act or not surrendered the | | || suspended, cancelled or varied | | || certificate | issued | under || non-submission of suspended or | | || cancelled certificates | | || 40 | | || 44 | owner or operator or any person | || responsible for the operation of | | || special category vessel, which | | || does not comply with the | | || provisions of chapter vii | | || 45 | | || fine which may extend to ten | | || thousand rupees for every day | | || of | non-compliance | or || imprisonment extending up to | | || six months, or with both | | || fine which may extend to ten | | || thousand rupees for the first | | || offence and twenty-five | | || thousand | rupees | for || subsequent offences | | || 50 | | || 47 | owner, operator or master of any | || mechanically propelled vessel | | || registered, | recognised | or || identified under this act, for not | | || equipping | the | vessels || exhibiting the lights and signals | | || specified under chapter viii | | || (1) | (2) | (3) ||-------------------------------------|----------------------------------|------------------|| fine which may extend to | | || twenty-five thousand rupees | | || 48 | owner, operator or master not | || ensuring | safe | navigation || or causing damage due to | | || non-observance of regulations | | || 5 | | || fine which may extend to ten | | || thousand rupees | | || 10 | | || 49 and | owner, operator or master of any | || 50 ( | 1 | ) || plying in inland waters abstaining | | || from proceeding to render | | || assistance after answering to the | | || distress signal | | || fine which may extend up to | | || fifty thousand rupees | | || 15 | | || 20 | | || 51 ( | 2 | ) || any mechanically propelled inland | | || vessel proceeding to conduct any | | || voyage without complying with | | || the requirements of navigation | | || aids, life-saving appliances, fire | | || detection and extinguishing | | || appliances and communication | | || appliances as specified under | | || sub-section ( | 2 | ) of section 51 || fine which may extend to fifty | | || thousand rupees | | || 25 | | || 52 ( | 2 | ) and || ( | 3 | ) || causing pollution by discharging | | || or dumping of pollutants in inland | | || waters | | || fine which may extend to | | || twenty-five thousand rupees | | || 30 | | || 53 ( | 4 | ) || any mechanically propelled | | || vessel, who are required under this | | || act to possess a valid prevention | | || of pollution certificate, plying or | | || using the vessel without the said | | || valid certificate | | || fine which may extend to fifty | | || thousand rupees | | || 35 | | || 54 ( | 2 | ) and || ( | 5 | ) || comply with the standards and | | || obligations stipulated | | || 40 | | || fine which may extend to ten | | || thousand rupees per day of | | || non-compliance | beyond | || period of notice | | || 55 ( | 4 | ) || terminal who operates without | | || complying with the notice issued | | || under | sub-section | ( || section 55 | | || 57 | any owner, operator or any | || person who intentionally cause | | || wreck within inland waters | | || 45 | | || fine amounting to fifty | | || thousand | rupees | and || imprisonment which may | | || extend to three years | | || fine which may extend to ten | | || thousand rupees | | || 58 ( | 2 | ) || offence | committed | by || contravention of sub-section ( | 2 | ) || of section 58 | | || (1) | (2) | (3) ||---------------------------------------|-----------------------------------|------------------|| 66 | any owner or master plying any | || mechanically propelled inland | | || vessel without a valid insurance | | || as provided under section 66 | | || 5 | | || fine which may extend to ten | | || thousand | rupees | and || detention of the vessel till | | || certificate of insurance is | | || procured | | || fine which may extend to ten | | || thousand rupees | | || 74 ( | 2 | ) || any mechanically propelled inland | | || vessel not complying with | | || sub-section ( | 2 | ) of section 74 || 10 | | || fine which may extend to ten | | || thousand rupees for every day | | || of non-submission | | || 79 ( | 2 | ) || certificate issued under chapter vi | | || and fails to surrender suspended | | || or cancelled certificates | | || 15 | | || fine which may extend to fifty | | || thousand rupees | | || 80 | any person, in the capacity of a | || service provider or a service user, | | || who acts in contravention of | | || section 80 | | || 20 | | || 82 | master or operator of any foreign | || vessels acting in contravention of | | || sub-section ( | 1 | ) of section 82 || fine which may extend to fifty | | || thousand | rupees | or || imprisonment which may | | || extend to one year, or with | | || both | | || 25 | | || 83 | owner, operator or master of | || mechanically propelled inland | | || vessel, who does not comply with | | || the requirement of pilotage in | | || contravention of section 83 | | || fine which may extend to fifty | | || thousand | rupees | or || imprisonment which may | | || extend to three years, or with | | || both | | || 30 | | || 97 | any person employed on inland | || vessel for neglect or refusal to join | | || or desertion of vessel in violation | | || of his obligation as provided | | || under section 97 | | || 35 | | || forfeiture of a sum not | | || exceeding two days' pay, | | || and in addition for every | | || twenty-four hours of absence, | | || either a sum not exceeding six | | || days' pay or any expenses | | || properly incurred in hiring a | | || substitute, from his wages and | | || also to imprisonment which | | || may extend to two months | | || 40 | | || 102 | any person found guilty of | || causing obstruction or has acted | | || in contravention of section 102 | | || fine which may extend to fifty | | || thousand | rupees | or || imprisonment which may | | || extend to three years, or with | | || both | | |45(3) any person who acts in contravention of the provisions of this act or the rules made thereunder, but for which an offence is not specifically provided in this act, shall be punishable with fine not exceeding three lakh rupees or with imprisonment up to a term which may extend to three years, or with both(4) where the owner or master of any mechanically propelled inland vessel is convicted of an offence under this act or any rule made thereunder, committed on board, or in relation to that mechanically propelled vessel, and is sentenced to pay a fine, the magistrate who passes the sentence may direct the amount of the fine to be levied by distress and sale of the mechanically propelled vessel, or its appurtenance so much thereof as is necessary5(5) where an inland vessel has been used in contravention of the provisions of this act or the rules made thereunder, the details of the offence, the offender and the vessel shall be recorded in such form and manner, as may be specified by the central government by notification10(6) the state government shall appoint courts not inferior to that of a magistrate of the first class, for the purpose of conducting trial of any person who is charged of any offence as provided under this act or the rules made thereunder1588 (1) where an offence under this act has been committed by a company or a limited liability partnership firm or any such arrangement, every person who, at the time the offence was committed was in-charge of, and was responsible to the company or the limited liability partnership firm or any such arrangements, for the conduct of the business, and the company or the limited liability partnership firm or any such arrangement, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:offences by company, limited liability partnership firm or any such arrangementprovided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence20 25(2) notwithstanding anything contained in sub-section (1), where an offence under this act has been committed by a company or a limited liability partnership firm or any such arrangement 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 partner or other officer of the company or the limited liability partnership firm or any such arrangement, as the case may be, such director, manager, secretary or partner or other officer, as the case may be; shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly30fees, additional fee, payment and collection89 (1) unless otherwise specified, the state government shall collect, the fees and additional fees for the services provided under this act and any other charges or payment made to it against payments towards penalties, at such rates and intervals, as may be prescribed by the state government(2) the state government shall appoint or authorise such officers, or constitute such offices within its jurisdictions, by notification, to act as single point collection offices within the districts or ports, considering proximity and convenience of remittance35(3) the procedures, forms and format of receipts, maintenance of accounts and any other matter that is necessary for the purpose of the remittance, collection, accounts and accountability of collected fees, additional fees, charges or payment against penalties of pecuniary nature shall be such as may be prescribed by the state government(4) the owner, operators or their representatives, as the case may be, shall remit the fees or additional fees in such manner and at such rates as may be prescribed by the state government40(5) all fees payable under this act may be recovered as fine under this actcognizance of offence90 no court shall take cognizance of any offence under this act, except on a complaintin writing made by the central government or any officer authorised by the state government, as the case may be, for this purpose chapter xvii non-mechanically propelled inland vessellocal selfgovernance91 (1) the state government may authorise any of its department (herein in thischapter referred to as the authorised department) to administer and implement the provisions of this chapter(2) the office of the authorised department shall be located at such places which are accessible to owners, operators of non-mechanically propelled inland vessel and service users of such vessels5(3) the offices of the authorised department shall in the order of hierarchy of power, be at district, taluk and panchayat or village level, or any other hierarchy as may be prescribed by the state government, and shall exercise the powers and functions as may be prescribed by that government, which shall include the powers and functions to—(a) enrol the non-mechanically propelled inland vessel under this chapter;10(b) collate data with regard to the non-mechanically propelled inland vesselenrolled under this act and report it to the higher authority in the hierarchy of power;(c) administer the welfare fund constituted under this chapter in accordancewith such authority and obligation;15(d) advise and conduct awareness programmes for assisting the owners, operators or service users of non-mechanically propelled inland vessel enrolled under this act; and(e) perform such other functions as may be assigned under this act or the rules made thereunderobligation to enrol2092 (1) the owner or operator may enrol, by submitting the details of the ownership of non-mechanically propelled inland vessel, undertaking that the vessel is put into motion by solely employing human labour and such other details as may be prescribed by the state government, at the office of the authorised department, which is located nearest to the place of residence of the owner or area of plying of the non-mechanically propelled inland vessel, in such form and manner as may be prescribed by the state government25(2) the form prescribed by the state government under sub-section (1) shall be published in the respective vernacular language, apart from hindi or english, as the case may be30(3) for the purposes of identification and categorisation of non-mechanically propelled inland vessels, to be enrolled in accordance with the provisions of sub-section (1), the state government shall publish such criteria for categorisation which may include the size, purpose of employment, age, construction, design or such other criteria of the vessels(4) the enrolment of non-mechanically propelled inland vessels shall be a prerequisite for such vessels to be entitled for the benefits and preferential treatment accorded under this chapter35(5) the details of the enrolled vessels shall be recorded in the registry of enrolment and be reported by the offices of lowest order in the hierarchy of power to the highest hierarchy and the collated list of enrolled vessels shall be maintained by the office of district magistrate or such officer appointed or authorised under this chapter, for the said purpose(6) the state government shall maintain a central data base to record the details of the non-mechanically propelled inland vessel enrolled within the respective jurisdiction, in such form and manner as may be prescribed by it4045(7) the lowest ranking officer of the office of the authorised department shall report of any change to the registry of enrolment maintained by him and bring to the notice of the authority higher in the hierarchical order, and the changes shall be brought out accordingly, in every such register maintained by the respective authorities including the central data base maintained by the principal secretary or secretary of the state government93 (1) the officer of the authorised department appointed or authorised to maintain the registry under this chapter, shall issue a certificate of enrolment to the non-mechanically propelled inland vessels that have enrolled in the registry of enrolmentcertificate of enrolment and marking of vessel(2) the certificate of enrolment shall be issued, in such form and manner as may be prescribed by the respective state government, and details to be specified in such certificate shall include—5(a) name, permanent address as given in the unique identification document issued by unique identification authority of india, electoral identification document or such other document of the owner, as may be prescribed by the state government;(b) details such as year of construction, laying of keel or such other information; (c) details of design, if identified or categorised under this chapter; (d) details of officer issuing or granting the certificate; and10(e) number given to the vessels enrolled by the issuing authority(3) the authorised department in every state shall issue a number to the non-mechanically propelled inland vessel enrolled within the respective jurisdiction, which shall be unique for the purpose of identification of enrolment with the authorised department of the respective state15(4) the number so issued under sub-section (3) shall be exhibited on a conspicuous part of the non-mechanically propelled inland vessel in such form and manner as may be prescribed by the respective state governmentstandards of construction and safety2094 (1) the basic minimum standards that may be reasonably observed during the construction of any non-mechanically propelled inland vessel, shall be such as may be prescribed by the state government(2) notwithstanding anything contained in sub-section (1), the state government shall specify, the standards of construction, which any class or category of non-mechanically propelled inland vessel shall comply with, in such manner as may be prescribed by it:25provided that the standards prescribed by the state government shall be in harmony with the traditional knowledge and practices passed on as customary or ancestral means that are applied by skilled and talented persons involved in the designing and construction of non-mechanically propelled inland vessel30(3) the state government may specify the minimum safety gears and equipment by notification in the official gazette with which the non-mechanically propelled inland vessel shall be equipped with for the purpose of ensuring safety of such vessels(4) the state government may provide for standards of overhauling, modifying, altering or refitting the non-mechanically propelled inland vessel for the purpose of ensuring safe navigation35(5) the non-mechanically propelled inland vessels enrolled under this act, shall comply with the safety standards as stipulated under this chapter or the rules made in this regard(6) for the purposes of ensuring safe navigation of non-mechanically propelled inland vessels, the state government may, by notification, specify the routes, areas or stretch of inland waters that are prohibited from being used or subject to such terms and conditions, for the navigation of non-mechanically propelled inland vessel4095 (1) the state government may, by rules made in this behalf, specify the measures to regulate non-mechanically propelled inland vessels(2) for the purposes of sub-section (1), the state government may make rules for the following, namely:—power of state government to make rules to regulate nonmechanically propelled inland vessels45(a) for prevention and minimising pollution caused by the non-mechanically propelled vessels;(b) for removal of obstructions to safe navigation;(c) measures that may be adopted to avert accidents and casualty; and (d) any other measure which the state government may deem fit in implementing the provisions of this chapter5constitution of welfare fund96 (1) every state government shall, by notification, constitute a welfare fund at district level, for allocation of such fund to assist the non-mechanically propelled inland vessels enrolled under this chapter(2) any officer appointed or authorised under this chapter to be in-charge of the fund for the non-mechanically propelled inland vessel shall, with the previous approval in writing of the respective state government or such other authority appointed for the said purpose, utilise the fund to—10(a) create awareness and conduct knowledge dissemination sessions for educating the owner, operator and service user on improvements required for safe navigation;(b) provide equipment and devices of safety and navigation at a subsidised rate;15(c) provide support or relief during casualties, accidents or such emergencies;and(d) for such other purposes as it may deem fit chapter xviii miscellaneous2097 no person employed or engaged in any capacity on board a mechanically propelled vessel shall—desertion and absence without leave(a) neglect or refuse, without reasonable cause, to join his mechanically propelled vessel or to proceed on any voyage in his vessel;25(b) cause to be absent from his vessel or from his duty at any time without leave and without sufficient cause;(c) desert from his mechanically propelled vessel; (d) fail to act or behave with discipline befitting his duty and mandate98 (1) the central government may make rules for—30(a) implementation of standards for the use of special category of vessels within inland waterways;general powers of central government to make rules(b) providing the requirements and standards of—(i) river information services; (ii) vessel traffic and transport management, safety and informationservices;35(iii) vessel tracing and tracking information; (iv) to tackle calamities and furtherance of emergency preparedness; (v) to quarantine the vessels and to adopt such other measures toeffectively control any epidemic or disease of contagious nature; (c) enforcing standards to avoid and tackle pollution arising in inland waterways;40(d) exemption, inclusion or extension of the application of any or all the provisions of this act to any vessel registered, recognised or identified and intended to ply, or plying in the inland waters;(e) any other matter as it may deem fit and necessary in the proper implementation of this act for the purposes of ensuring safe navigation, safety of life and prevention of pollution caused by inland vessel5(2) for the purposes of administration of the notifications mentioned in sub-section (1), the central government or the state government, as the case may be, shall authorise or appoint officers by notificationemergency preparedness99 (1) every state government may, appoint or authorise the advisory committee or officers, by notification, to take adequate measures, as may be prescribed by the state government, to minimise or counter emergency10 15(2) the owner, operator, master, crew or any other person connected with inland vessel plying in inland waters shall upon finding or apprehending a situation of crisis, which could adversely affect or is adversely affecting the safety of navigation, safety of human life or preservation of inland waters, inform or report the advisory committee or such other officers, appointed under sub-section (1) having respective jurisdiction or jurisdictions over such crisis that is found or is anticipated to affect adversely20(3) the advisory committee or officers, who are appointed or authorised under sub-section (1), on receipt of information under sub-section (2), or as directed by the central government or the state government or on their own initiative, may record the crisis as emergency and, shall adopt such measures as prescribed under sub-section (1), and such other measures which are feasible and in best of the judgment necessary to minimise or counter such emergency(4) the advisory committee or officers, appointed or authorised under sub-section (1)may request the navy, coast guard, any other emergency force, or any inland vessel available for such assistance as necessary25(5) no mechanically propelled inland vessel directed or acting voluntarily in rendering assistance as mentioned in sub-section (4) shall be bound by the provisions of this act or the rules made thereunder30(6) any mechanically propelled inland vessel acting voluntarily, for the purpose of saving life or vessel or providing basic amenities, shall report to the advisory committee or officers appointed or authorised under sub-section (1) regarding the presence and reasons for the acts in writing, at the earliest possible(7) the advisory committee or officers appointed or authorised under sub-section (1)shall disburse all basic amenities necessary and essential as it may deem fit, to the persons or vessels affected by such emergency35(8) the advisory committee or officers appointed or authorised under sub-section (1)shall report to the central government or the state government, the complete description of the events, consequences and such measures adopted under sub-section (3) and the effectiveness of such measures in countering the emergency40removal of lawful obstruction100 (1) if any obstruction or impediment to the navigation of any inland water hasbeen lawfully made or has become lawful by reason of the long continuance of such obstruction or impediment or otherwise, the authorised officer shall report the same for 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 alteration45 30 of 2013(2) any dispute arising out of or concerning such compensation shall be determined according to the provisions of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 201350101 (1) every certificate issued in respect of any person or vessel, under any other enactment in force in india, by the central government, shall be valid and effective as a certificate issued under this act and the relevant provisions of this act shall apply in relation to such persons or vessel as they apply to, any person who has been issued with a certificatevalidity of certificates issued under laws other than this actunder chapter vi or any mechanically propelled inland vessel registered, recognised or identified under this act5(2) notwithstanding anything contained herein, the state government may impose additional conditions and requirements for the purpose of recognition of certificates as provided under sub-section (1)obstruction to officer appointed or authorised10102 no person shall wilfully cause obstruction or attempt to obstruct any authority orofficer appointed under this act in exercise of the respective functions and powers conferred upon such authority or officer, or in the discharge of any duty imposed by or under this act; by abstinence, failure to facilitate inspection, or restraining or physically objecting the entry or movement or non-production of books or records as and when demanded by such authority or authorised officersplace of trial15103 whoever contravenes any of the provisions of this act or the rules made thereunder,shall be triable for the offence in any place where he may be found or at the place of occurrence or at the place in the state where the offence has been committed or a place which the central government or the state government, as the case may be, by notification, specify in this behalf, or any other place in which he might be tried under any other enactment for the time being in force2 of 1974composition of offences20104 (1) notwithstanding anything contained in the code of criminal procedure, 1973,any offence punishable under this act, not being an offence punishable with imprisonment only, or with imprisonment and also with fine, may, on an application of the accused person, either before or after the institution of any prosecution, be compounded by competent authority or in the event of the matter being referred to the court of competent jurisdiction, such offence may be compounded by the competent authority with the permission of such court25(2) the competent authority referred to in sub-section (1) shall exercise the powers tocompound an offence, subject to the direction, control and supervision of the appropriate government(3) every application for the compounding of an offence shall be made in such manner as may be prescribed30(4) where any offence is compounded before the institution of any prosecution, noprosecution shall be instituted in relation to such offence, against the offender in relation to whom the offence is so compounded35(5) where the composition of any offence is made after the institution of anyprosecution, such composition shall be brought by the competent authority referred to in sub-section (1) in writing, to the notice of the court in which the prosecution is pending andon such notice of the composition of the offence being given, the person against whom the offence is so compounded shall be discharged40(6) any person who fails to comply with an order made by the competent authority referred to in sub-section (1), shall be liable to pay a sum equivalent to twenty per cent of the maximum fine provided for the offence, in addition to such fine(7) no offence punishable under the provisions of this act shall be compounded except under and in accordance with the provisions of this sectionappeal45105 (1) unless otherwise provided in this act, any person aggrieved by an order made by the officers or authorities under this act, may appeal to the state government against, refusal, suspension, cancellation, detention, removal or such other order, issued under this act, within thirty days from the date of receipt of such order50(2) the state government shall cause notice of every such appeal to be given to concerned officers or authorities whose order is made the subject matter of the appeal, and after giving an opportunity to the appellant; shall pass appropriate order by recording reasons thereof, which shall be final106 (1) for the purposes of effective implementation of the provisions of this act, the central government shall, subject to the condition of previous publication, make rules for carrying out the provisions of this actpower of central government to make rules5(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 centralised record to be maintained in e-portal, for recording the data and details of vessel, vessel registration, crew, manning, certificates issued, reception facilities and such other data to be recorded under clause (f) of section 3;10(b) the requirements for compliance to be specified in a cover note for the purpose of issuance of certificate of insurance under clause (g) of section 3;(c) the procedure to be laid down and rates to be specified so as to calculate the rate of extent of liability within which the owner or such other persons entitled under this act, may limit the liability or be permitted to limit or cap the liability arising out of claims under clause (t) of section 3;15(d) the standard and number of persons required for safe manning and navigation of vessels under clause (z) of section 3;(e) the classification, criteria for such classification and standards of design, construction, fitness and crew accommodation to classify or categorise any mechanically propelled inland vessel under sub-section (1) of section 7;20(f) the manner of carrying out construction and any alteration or modification of mechanically propelled inland vessels with the prior approval of design from the designated authority under section 8;25(g) the standards for type and periodicity of surveys for all mechanically propelled inland vessels, which are newly constructed and already in service under sub-section (1) and the form and content of request for survey to be submitted by the applicant under sub-section (2) of section 9;(h) the minimum criteria and qualifications for the appointment of surveyors, which the state governments shall adopt in the appointment of surveyors under section 10;30(i) the form of application for conducting survey to be submitted by owners, masters or construction yard under sub-section (1) of section 11;(j) the form and contents of the declaration of survey of a mechanically propelled inland vessel and the time period for which such certificate shall be valid, under sub-section (1) of section 12;35(k) the form of the certificate of survey including any particulars or terms and conditions under sub-section (3) of section 12;(l) the form of provisional certificate of survey and the period of validity provided under sub-section (1) of section 13;40(m) the terms and conditions to be complied with for permitting any mechanically propelled vessels registered under such laws of countries other than india; which shall only be permitted to ply within the inland waters under clause (c) of sub-section (2) of section 18;(n) the form, contents or particulars of the book of registry as provided under sub-section (1) of section 21;45(o) the form and manner for maintenance of central data base for inland vessels by the officers appointed by the central government under section 22;(p) the functions to be performed by the officers appointed by the central government under section 22;5(q) the form and manner of making application for registration of a mechanicallypropelled inland vessel and the particulars along with which such application is to be made under sub-section (1) of section 23;(r) the list of documents to be submitted or adduced by the applicants for registration under sub-section (2) of section 23;(s) the form and content of certificate of registration under sub-section (2) ofsection 24;10(t) the form of application, fee and the manner of issuance of provisional certificateof registration under sub-section (2) of section 27;15(u) the procedures to be complied with by the owner of any mechanicallypropelled inland vessel who ceases to be the owner or applies for the requirement of transfer of registry or any such circumstances leading to change of the registered address under sub-section (2) of section 29;(v) the procedures for validating the transfer of mechanically propelled inlandvessel from india to outside india under section 30;20(w) the time within which the owner of the mechanically propelled inland vesselshall report to the registrar of inland vessels of the place where such vessel is registered, if that vessel is declared missing, destroyed, lost, abandoned or has been rendered permanently unfit for service or destined for scrapping or dismantling or sold abroad;(x) the form of instrument creating the security for a mortgage for a loan or other valuable consideration under sub-section (1) of section 33;25(y) the manner and conditions governing mortgage and its procedures undersub-section (2) of section 33;(z) the standards for qualification, training, training institute, examination andgrant of competency certificates under sub-section (1) of section 34;30(za) the minimum manning scale applicable to different class or category ofmechanically propelled inland vessels, categorised under this act or such other laws for the time being in force in india, under section 35;(zb) the criteria and qualifications for appointment of examiners undersub-section (1) of section 36;(zc) the form, contents and particulars of certificate of competency specifiedunder sub-section (3) of section 37;35(zd) the period of validity of certificate of service issued under sub-section (1) ofsection 38;(ze) the form of certificate of service and the conditions subject to which suchcertificate is issued under sub-section (4) of section 38;40(zf) the conditions subject to which the certificate of competency shall be valid throughout india under section 39;(zg) the intervals and manner in which the state government shall report and update the central government with the information on data and details of certificates issued, granted, cancelled or suspended or such other remarks, made by the respective authority under sub-section (2) of section 41;45(zh) the criteria and standards to identify any class or category of mechanically propelled inland vessels as special category vessels based on their design, construction, use, purpose, area of plying, source of energy or fuelling or any other criteria under sub-section (1) of section 42;5(zi) the requirements of construction, design, survey, registration, manning, qualification, competency, or the requirements in addition to those contained elsewhere in this act under sub-section (2) of section 42;(zj) the specifications and requirements of signals and equipment based on classification and categorisation of mechanically propelled vessels, to be complied with by such vessels under sub-section (1) of section 47;10(zk) the fog and distress signals to be carried and used, the steering and sailing rules to be complied with and the different protocols for exhibition and display of different standards of lights, shapes and signals, by any mechanically propelled vessel plying in inland waters under sub-section (2) of section 47;15(zl) the class or category of mechanically propelled inland vessels to be equipped with navigation aids, life saving appliances, fire detection and extinguishing appliances and communication appliances under sub-section (1) of section 51;(zm) the standards to be followed by the owner or master of any mechanically propelled inland vessel and the manner for discharge or dispose of sewage and garbage under sub-section (2) of section 52;20(zn) the standards of construction and equipment of the mechanically propelled inland vessels to ensure compliance with the requirements of the provisions of chapter ix under sub-section (1) of section 53;(zo) the form, validity and content of prevention of pollution certificate under sub-section (3) of section 53;25(zp) the conditions for construction, use and maintenance of reception facilities for the containment of pollution and removal of pollutants arising from spillage or discharge arising from mechanically propelled inland vessels at all cargo terminals or passenger terminals under sub-section (1) of section 54;(zq) the purposes for chapter x as specified in clauses (a) to (g) of section 59;30(zr) the limits of liability and the criteria in determining compensation for any claim specified in sub-section (5) of section 64;(zs) the form, content, and the conditions subject to which a certificate of insurance is issued by the insurer to the insured under clause (c) of sub-section (1) of section 68;35(zt) the terms and conditions to be incorporated in the contract of insurance entered between insurer and insured to cover the risks, as provided in section 66, under sub-section (2) of section 68;(zu) the terms, conditions and procedures to be complied with by insurers and insured including those specified in clauses (a) to (h) therein, under section 73;(zv) minimum standards, terms and conditions to protect the interests and to ensure safety of service providers and service users under section 80;40(zw) the conditions for carrying the list of dangerous goods under section 81;45(zx) the terms and conditions subject to which permission of the central government is granted for use or employment of a vessel, registered in any country other than india, for the purposes of, carriage of goods, transportation of passengers, storage units, accommodation, floating units or for such other purposes within the inland waters under sub-section (1) of section 82;(zy) the fees for grant of a certificate or licence under this act similar to any certificate granted by any other foreign country in accordance with the provisions of any law for the time being in force in that country under sub-section (2) of section 82;(zz) the period and extent of validity of certificate granted under sub-section (2)of section 82, as specified in sub-section (3) of the said section;5(zza) any other matter which is required to be, or may be, prescribed under theprovisions of this act for the purpose of implementation and administration of such provisionspower of state government to make rules107 (1) the state government may, after previous publication, make rules for the provisions specified to be administered by it under this act or as delegated to it by the central government for the purposes of effective implementation of the provisions of this act10(2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—(a) the requirements for the appointment of qualified persons as pilots underclause (zk) of section 3;15(b) the fee for issuance of certificate of survey under sub-section (2) of section 12;(c) the manner and conditions subject to which any mechanically propelled inland vessel, which has been issued with a provisional certificate of survey or endorsement may proceed on voyage or use in service, temporarily, pending the issue of certificate of survey under sub-section (2) of section 13;20(d) the manner of issue the notice of suspension of certificate of survey to theowner, operator, master, or construction yard under sub-section (2) of section 15;(e) the functions to be performed by the registrar of inland vessels in respect to the port or place of registry for which he is appointed under sub-section (2) of section 20;25(f) the manner and period in which the registrar of inland vessels shall report thedetails of the book of registry or entries made therein, to the state government at regular intervals, under sub-section (2) of section 21;(g) the fee for granting the certificate of registration to the applicant undersub-section (1) of section 24;30(h) other particulars to be contained in the certificate of registration underclause (e) of sub-section (2) of section 24;(i) the conspicuous part of the vessel where the owner shall display the officialnumber under sub-section (3) of section 24;35(j) the form and manner in which the registered owner shall apply for a duplicatecertificate to the registrar of inland vessels under sub-section (1) of section 26;(k) the fees or additional fees for applying for a duplicate certificate to the registrar of inland vessels under sub-section (2) of section 26;40(l) the form, manner and period within which the owner, operator or master of the mechanically propelled inland vessel shall make an application, for entry of alterations or modifications made, in the certificate of registration, under sub-section (1) of section 28;(m) the fee for applying to the registrar of inland vessels for registration of alterations under sub-section (2) of section 28;(n) the conditions to be complied with and the period for such compliance to be stated in the notice of suspension issued by the registrar of inland vessels under sub-section (4) of section 31;5(o) the form and manner for maintenance of registers to record, the details and data of the certificate, and the certificates specified therein, under sub-section (1) of section 41;(p) the form of application, form of certificate of fitness and such other conditions including validity, subject to which and the manner of granting the certificate of fitness under sub-section (2) of section 43;10(q) the safety features, gears and such other measures by which any mechanically propelled inland vessel, identified as special category vessel, shall comply with and be equipped in accordance with the categorisation of such vessel, under sub-section (1)of section 44;15(r) the maximum carrying capacity of the vessel identified as special category vessel by specifying the safety waterline or the limits of load water line to keep them afloat, or such other criteria and conditions, for the safe voyage of such inland vessel under sub-section (2) of section 44;20(s) the rates of charges to be received by the owner or operator of all cargo terminals or passenger terminals, providing reception facilities shall receive charges under sub-section (3) of section 54;(t) the form of report of compliance to be submitted by the owner or operator of the passenger or cargo terminal under sub-section (5) of section 54;25(u) the manner in which the owner, operator or master of any mechanically propelled vessel used or plying within inland waters, shall discharge the pollutants at the port reception facilities under sub-section (6) of section 54;(v) the procedure for detaining any mechanically propelled inland vessel in connection with a claim, or an offence under section 63;30(w) the form and manner of giving information of any wreck, abandonment, damage, casualty, accident, explosion or loss occurred to or on board such a vessel while in the inland waters, to the officer in-charge of the nearest police station and to the designated authority appointed under sub-section (2) of section 74;(x) the powers of the district magistrate and the procedures to be followed in holding inquiry under sub-section (3) of section 75;35(y) the qualifications, criteria and consideration, fees or charges for the assessors, who have experience in the merchant service or in the navigation of the mechanically propelled inland vessels under sub-section (2) of section 76;40(z) the procedures for detention, formality, fees and conditions, if not specified in this act, to be followed and observed by the concerned officer or authority or court, appointed or authorised or constituted under this act, for the purpose of detaining a vessel, under sub-section (4) of section 85;(za) the rates of fees and additional fees to be charged for the services provided under this act, and any other charges or payment made to it against penalties of pecuniary nature to be collected by the state government, and the intervals at which such fees, charges or penalties shall be collected, under sub-section (1) of section 89;(zb) the procedures, forms and format of receipts, maintenance of accounts and any other matter that is necessary for the purpose of the remittance, collection, accounts and accountability of collected fees, additional fees, charges or payment against penalties of pecuniary nature under sub-section (3) of section 89;5(zc) the manner and rates of fees or additional fees the owner, operators or theirrepresentatives, as the case may be, shall remit under sub-section (4) of section 89;(zd) the hierarchy of the offices of the authorised department and the powersand functions to be exercised by such offices under sub-section (3) of section 91;10(ze) the authority and obligation to administer the welfare fund constituted forthe purposes of chapter xvii under clause (c) of sub-section (3) of section 91;(zf) such other details to be submitted by the owner or operator ofnon-mechanically propelled inland vessel at the office of the authorised department and the form and manner of making such submission, under sub-section (1) ofsection 92;15(zg) the form and manner of central data base to record the details ofnon-mechanically propelled inland vessels under sub-section (6) of section 92;(zh) the form and manner of issuance of certificate of enrolment and such otherdocument containing details of the owner, to be specified in the said certificate, under sub-section (2) of section 93;20(zi) the form and manner of exhibiting a number issued to a non-mechanicallypropelled inland vessel under sub-section (4) of section 93;(zj) the basic minimum standards that may be reasonably observed during theconstruction of any non-mechanically propelled inland vessel under sub-section (1)of section 94;25(zk) the manner of complying with the standards of construction specified bythe state government, by any class or category of non-mechanically propelled inland vessel under sub-section (2) of section 94;(zl) the measures to regulate the non-mechanically propelled inland vessel undersection 95;30(zm) the measures to be taken by the advisory committee or officers authorisedin this behalf to minimise or counter emergency under sub-section (1) of section 99;(zn) for the purposes of implementation and administration of chapter xvii ofthis act, pertaining to non-mechanically propelled inland vessels;35(zo) any other matter which is required to be, or may be, prescribed under theprovisions of this act108 the central government may, for carrying into execution of this act in the state, give directions to the state government, and the state government shall abide by such directionspower of central government to give directions40protection of action taken in good faith109 (1) no suit, prosecution or other legal proceeding shall lie against any person or officer appointed or authorised under this act, in respect of anything done or intended to be done in good faith under this act(2) for the purpose of claiming immunity under sub-section (1), the officers appointed or authorised under this act, shall perform and carry out the respective functions and responsibilities, with utmost care and due diligence45power to remove difficulties110 (1) if any difficulty arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette make such provisions, not inconsistent with the provisions of this act as may appear to it to be necessary for removing the difficulty:provided that no such order shall be made under this section after the expiry of a period of three years, from the commencement of this act(2) every order made under this section shall be laid, as soon as may be, after it is made, before each house of parliament5consistency with other laws111 (1) the provisions of this act shall be in addition to, and not be construed inderogation of the provisions of any other law, and shall be construed as consistent with such law, for the time being in force10(2) in the event of any conflict between a provision of this act and a provision of any other law for the time being in force in the whole of india or restricted to the application within the territory of any state, the provision of this act shall prevail to the extent of such conflict112 (1) the central government may, by notification, declare that all or any of the provisions, under this act or the rules made thereunder—suspension or alteration of application and operation of act15(a) other than that provided for safety, manning and prevention of pollution,shall not apply to any specified class or category of the mechanically propelled inland vessels; or(b) shall apply to any specified class or category of the mechanically propelledinland vessels with such modifications, as may be specified in the notification20(2) notwithstanding anything contained in this section, the central government may, by notification, suspend or relax to a specified extent, either indefinitely or for such period as may be specified in that notification, the operation of all or any of the provisions of this actlaying of rules and notifications25 30113 (1) every rule made or notification issued under this act, by the central government shall be laid, as soon as may be after it is made or issued, before each house of parliament while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or notification, or both houses agree that the rule or notification should not be made, the rule or notification shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule or notification(2) every rule made or notification issued under this act by the state government shall, as soon as after it is made or issued, be laid before the state legislature| 114 | ( | 1 | ) the inland vessels act, 1917 is hereby repealed ||------------------------------------------------------------------------------------------|------|-----------------------------------------------------------------------------------|------------------------------------------------------|| repeal and | | | || savings | | | || 1 of 1917 | | | || 35 | | | || ( | 2 | ) notwithstanding the repeal of the enactment referred to in sub-section ( | 1 || 40 | | | || ( | a | ) any notification, rule, regulation, bye-law, order or exemption issued, made or | || granted under the enactment hereby repealed shall, if it is not inconsistent with the | | | || provisions of this act, continue to be in force unless and until revoked, and shall have | | | || effect as if it had been issued, made or granted under the corresponding provision of | | | || this act; | | | || ( | b | ) any officer appointed and anybody elected or constituted under any | || enactment hereby repealed shall continue and shall be deemed to have been appointed, | | | || elected or constituted unless specifically removed or replaced by appointment of | | | || officer or offices, as the case may be, under this act; | | | || 45 | | | || ( | c | ) any document referring to the enactment hereby repealed shall be constructed | || as referring to this act or to the corresponding provision of this act; | | | || ( | d | ) any fine levied or penalty imposed under the enactment hereby repealed may | || be recovered as if it had been levied under this act; | | | |(e) any offence committed under the enactment hereby repealed may be prosecuted and punished as if it had been committed under this act;(f) sailing vessels or sailing boats registered under the enactment hereby repealed shall be deemed to have been registered under the act;5(g) mortgages of any mechanically propelled inland vessels recorded in anyregister book maintained at any port in india under the enactment hereby repealed shall be deemed to have been recorded in the register book under the corresponding provision of this act;10(h) any licence, certificate of competency or service, certificate of survey, licensesor any other certificate or document issued, made or granted under the enactment hereby repealed and in force at the commencement of this act shall be deemed to have been issued, made or granted under this act and shall, unless cancelled under this act, continue in force until the date shown in the certificate or document, as the case may be statement of objects and reasonsthe inland vessels act, 1917 was enacted to consolidate the enactments which then existed relating to inland vessels it governs the navigation of inland mechanically propelled vessels plying within the inland waters of india the said act was last amended in the year 2007 since then, several major developments have taken place in the inland water transport sector one of the important developments is the declaration of one hundred and eleven national waterways under the provisions of the national waterways act, 2016 systematic utilisation of the said declared national waterways and tapping the potential of inland water transportation will lead to the increase in the usage of mechanically propelled inland vessels2 the existing inland vessels act, 1917, inter alia, empowered the state governments to frame rules on their own however, the rules made by various state governments are not uniform across the country the requirement of no objection certificate or endorsement to ply beyond the state jurisdiction, lack of uniformity of applicable norms and standards prescribed by various state governments, lack of flexibility in its provisions, and the like, are shortfalls in the said act hence, a comprehensive review of its provisions was necessitated to overcome such shortfalls and to cope up with the present needs and foreseeing developments in the near future thus, it is expedient to enact a new legislation to replace the century old archaic inland vessels act, 19173 the proposed new legislation intends to bring in uniformity in the provisions in respect of states, so as to promote economic and safe transportation and trade across inland waters and protect the interest and needs of stake holders further, the state governments are being entrusted with the power and responsibility to implement the provisions of the proposed legislation, in accordance with the standard and measures as may be provided by rules by the central government4 the proposed legislation is different from the lnland vessels act, 1917 in terms of its intent, content and implementation, and will—(i) promote economical, safe transportation and trade through inland waters; (ii) bring uniformity in application of law relating to inland waterways andnavigation within the country;(iii) provide for safety of navigation and protection of life and cargo; (iv) provide for prevention of pollution that may be caused by the use ornavigation of inland vessels;(v) ensure transparency and accountability of administration of inland watertransportation; and(vi) strengthen the procedures governing the inland vessels, their construction,survey, registration, manning, navigation and other related matters5 the salient features of the proposed inland vessels bill, 2021, inter alia, are—(i) to empower the central government to provide uniformly the applicable standards for seamless and safe navigation of inland vessels by rules;(ii) to empower the state governments to declare by notification any inland water area into zones depending on the maximum significant wave height criteria;(iii) to empower the central government to provide the standards to classify and categorise mechanically propelled inland vessels, standards and processes involved in registration of vessels, standards for identification and categorisation of special category vessels, issuance of certificate of registry, training and minimum manning scales by rules;(iv) to enable the state governments to implement the provisions in compliance with the standards and measures as may be provided by rules by the central government;(v) to provide for a central data base, e-portal for registration and crew data base; (vi) to provide for new requirements of life safety, fire safety, navigational aids and communication appliances by rules to be made by the central government;(vii) to empower the central government to provide the permissible limits of discharge of certain pollutants, such as sewage and to provide for issue of prevention of pollution certificate as a compliance requirement by rules;(viii) to provide for wreck and salvage and to empower the state governments to appoint receiver of wreck;(ix) to introduce provisions regarding principles of liability and limitation of liability, which improvises and expands the concept of insurance to ensure secure trade and trade practices;(x) to introduce improvised provisions pertaining to casualties and investigation and also to provide for preliminary inquiry and formal investigation;(xi) to provide for revised penalties and punishments so as to ensure deterrence of wrong doers and compliance with the provisions;(xii) to introduce a new chapter to make provisions for regulation and governance of the unregulated sector of non-mechanically propelled inland vessels, and to empower the state governments to provide for the minimum regulations on such non-mechanically propelled inland vessels;(xiii) to provide for composition of offences punishable with fine only; (xiv) to repeal the inland vessels act, 19176 the notes on clauses explain in detail the various provisions of the bill 7 the bill seeks to achieve the above objectivesnew delhi;sarbananda sonowalthe 9th july, 2021 notes on clausesclause 2 of the bill seeks to provide for the application and scope of the proposed legislation it specifies the applicability of certain chapters of the proposed enactment to certain kind of vesselsclause 3 of the bill seeks to provide for the definitions of various expressions used in the proposed legislationclause 4 of the bill seeks to provide for declaration of inland water area into zones it empowers the state governments to declare, by notification, any inland water area to be a zone depending on specified maximum significant wave height criteriaclause 5 of the bill seeks to provide for the administrative role of the central government and the state governments it provides that the existing administrative authorities constituted under state governments or union territory administrations may continue to be the designated authorities it further provides that for the purposes of administration of the non-mechanically propelled inland vessels as specified in chapter xvii, the central government shall have no powers of administrationclause 6 of the bill seeks to provide for competent authority it provides for the inland waterways authority of india to be competent authority for the purpose of exercising or discharging the powers, authority or duties conferred by or under the proposed legislationclause 7 of the bill seeks to provide for the power to classify and categorise for purpose of survey it empowers the central government for classification of the mechanically propelled vessels, the criteria for such classification and to provide by rules the standard of design, construction, fitness and crew accommodation of such vessels it further provides for state governments to classify and categorise mechanically propelled inland vessels on the basis of criteria and standards as may be provided by rules the central governmentclause 8 of the bill seeks to provide for the construction of, alteration or modification affecting strength of any mechanically propelled inland vessel it provides that the stability or safety of a mechanically propelled inland vessel will be done with the prior approval of designated authority in such manner as may be provided by rules by the central government it further provides that the list of alteration or modification affecting strength, stability or safety of mechanically propelled inland vessels and the criteria therefor, are to be notified by the central governmentclause 9 of the bill seeks to provide for survey of vessels it empowers the central government to provide by rules the standard for type and periodicity of surveys for mechanically propelled inland vessel it further provides for request of survey in such form and content as may be provided by rules by the central governmentclause 10 of the bill seeks to provide for the appointment and qualifications of surveyors the central government may, by rules, provide the minimum criteria and qualifications for the appointment of surveyors by the state governmentclause 11 of the bill seeks to provide for powers of surveyors it provides for the powers of surveyors in respect of conducting the survey of the mechanically propelled vessel including the powers to board or enter the vessel and shall not hinder the loading or unloading the surveyor shall be provided with reasonable facilities for conducting the survey and information by owner, operator, master and crew of the vessel for the purposes of survey the central government may provide by rules the time within which survey is to be conductedclause 12 of the bill seeks to provide for grant of certificate of survey and proceduresit provides for grant of certificate of survey by the state government in respect of a mechanically propelled vessel on receipt of the declaration of the surveyor on completion of survey of such vessel to the satisfaction of such government the state government may delegate its functions subject to the restriction that such delegation shall not authorise the grant of a certificate of survey by the surveyor, who made the declaration of survey the said clause further empowers the central government to provide, by rules, the period of validity of survey and form of survey and set forth such particulars or such other terms and conditions to be complied by surveyorclause 13 of the bill seeks to provide for provisional certificate of survey and its effectit provides for the grant of provisional certificate of survey by the surveyor who conducted the survey of the mechanically propelled inland vessel the validity of the survey may be extended for a period and endorsement in such form as may be provided, by rules, by the central government the grant of provisional certificate or such endorsement may enable the vessel to proceed on voyage or use in service in the manner and subject to the condition, as may be provided, by rules, by the state government, pending the issue of the certificate of surveyclause 14 of the bill seeks to provide for mechanically propelled inland vessels not to proceed without certificate of survey, and requirement of zone to be specified in such certificate it provides that no mechanically propelled inland vessel shall be used or proceed on voyage, without a valid certificate of survey that shall provide or indicate among others, the zone intended for operation it also provides regarding validity of the certificate of survey and grant of permission to proceed the vessel on a voyage, during the interval between the date on which the certificate of survey expires and the earlier possible date of renewal and regarding procedure for issue of valid certificate of survey after cessation of a certificate of survey the validity of survey certificate is throughout india, unless otherwise specified thereinclause 15 of the bill seeks to provide for suspension and cancellation of certificate of survey it provides for the grounds of suspension and cancellation of a certificate of survey it further provides that the state governments shall issue the notice of suspension of certificate of survey to the owner, operator, master or construction yard for rectifying the errors and complying the condition specified therein within three months in the manner provided by rules and the non-compliance of such notice shall result in cancellation of the certificate of surveyclause 16 of the bill seeks to provide for delivery of expired, suspended or cancelled certificate of survey it further provides that the state government shall record the details of the cancelled certificate in the book of registry maintained by the registrar of inland vesselsclause 17 of the bill seeks to provide for registration it provides for the registration of inland vessels fitted with mechanical means of propulsion and specifies the owners for such purpose it further provides for registration of foreign vessel chartered on bareboat chartercum-demise by indian charterer and plying exclusively within inland waters it also provides that the inland vessels registered under the proposed legislation may also be registered under the merchant shipping act, 1958clause 18 of the bill seeks to provide for requirement of certificate of registration it provides for mandatory requirement of certificate of registration in respect of the mechanically propelled inland vessel for proceeding on any voyage or be used for any service with certain permissions in respect of first voyage for registration; vessel registered under any law for the time being in force for which provisions exists for voyage under the proposed enactment; and the mechanically propelled vessels registered under the laws of foreign countriesclause 19 of the bill seeks to provide for owner or master to carry certificate of registration it provides for the obligation on the owner or master of an inland vessel to carry valid certificate of registration on the vessel and that the non-production thereof would result in detention of the vessel by such officer appointed or authorised by the state governmentclause 20 of the bill seeks to provide for appointment of ports or places of registry and the registrar of inland vessels it provides for appointment of ports or places of registry and the registrar of inland vessels by the state government, respectively, for the purpose of the registration of the mechanically propelled inland vessels and for performing the functions as may be provided by rules, by the state governmentclause 21 of the bill seeks to provide for book of registry it provides for book of registry and maintenance of the book of registry by the registrar of inland vessels such book of registry shall contain the record of all particulars of the certificate of registration and the registrar of inland vessels shall report the details of such book to the state government at regular interval in the manner and period as may be provided by rules, and the state government shall report the central government regarding the particulars specified therein to facilitate and administer the registration processclause 22 of the bill seeks to provide for central data base of inland vessels it provides for maintenance of a central data base for inland vessels by the officers appointed by the central government the form and manner of maintaining the central data base and functions of the officers so appointed shall be such as may be provided by rules by the central governmentclause 23 of the bill seeks to provide for application and processes of registration of vessels it provides for an application to be made for the registration of the mechanically propelled vessel by the applicant possessing valid certificate of survey the form, and manner along with such particulars to be provided and list of the documents to be submitted or adduced by the applicant shall be such as may be provided by rules by the central government it also provides that such application for registration of vessel shall be made to the registrar of inland vessels having jurisdiction and in the case of non- compliance or deficiency, the registrar of inland vessels may refuse registration assigning reasonclause 24 of the bill seeks to provide for grant of certificate of registration and marking of vessel it provides for grant of certificate of registration on payment of registration fee as may be provided by rules by the state government the certificate of registration shall be in such form as may be provided by rules by the central government and contain the particulars specified therein and the registrar of inland vessels shall assign the official number to the registered vessel which shall be displayed by the owner on a conspicuous part of the vessel as may be provided by rules by the state governmentclause 25 of the bill seeks to provide for effect of certificate of registration the registration shall be valid throughout india except otherwise specified in the certificate the certificate of registration shall be conclusive proof of ownership and both the person having beneficial interest of ownership in the vessel or share in the vessel shall be deemed owner and have the same right as that of the registered ownerclause 26 of the bill seeks to provide for duplicate certificate of registration, where the original is lost or destroyed and such certificate shall be issued by the registrar of the inland vessels on the application of registered owner of the vessel with fees or additional fees as may be provided by rules by the state governmentclause 27 of the bill seeks to provide for provisional certificate of registration it provides that the registrar of the inland vessels may, on an application and fee made to him, issue provisional certificate of registration pending the issuance of certificate of registrationthe period of validity of provisional certificate of registration, the form of application and the rate of fee shall be such as may be provided by rules by the central governmentclause 28 of the bill seeks to provide for registration of modifications or alterationsthe owner, operator or master of the vessel shall make an application to the registrar of inland vessels who has issued the certificate of registration, along with the certificate of survey in which such alteration or modification have been approved the application shall be made in such form, manner and within such period along with fees, as may be provided by rules by the state government the registrar of inland vessels shall either cause the approved alteration or modification affecting the strength and stability of vessel to be registered and entered into the certificate of registration or direct that the vessel be registered anew in case of the order for registration anew, a provisional certificate for a specific period shall be granted describing the vessel as altered or endorse on the existing certificate about the particulars of alteration the failure of filing such application would be considered that the plying of vessel be without a valid certificate of registrationclause 29 of the bill seeks to provide for change of residence or place of business it provides for change of residence or place of business of the owner of the mechanically propelled inland vessel the procedures to be complied with by the owner of vessel who ceases to be the owner or applies for the requirement of transfer of registry or any such circumstance leading to change of the registered address are to be such as may be provided by rules by the central governmentclause 30 of the bill seeks to provide for prohibition against transfer of registered vessel to a person residing in any country other than india without the prior approval of the registrar of inland vessels who has originally issued the certificate of registration such transfer is to be validated only if procedures, as may be provided by rules by the central government, are complied withclause 31 of the bill seeks to provide for suspension of certificate of registration it provides that the registrar of the inland vessel may require the inspection of the registered vessel within his jurisdiction by a person appointed for such purpose by the state government it further empowers the registrar of inland vessels to suspend the certificate of the registered vessel found unfit, after providing the opportunity of hearing and record the reasons for such suspension a notice of suspension with reason of suspension and conditions to be complied within such period is to be issued by registrar of inland vessels the period for withdrawal of such order of the suspension shall be such as may be provided by rules by the state government where the suspension is made by the registrar of inland vessels other than who registered the vessel, he shall intimate the suspension or withdrawal of the suspension to the original registrar of inland vessels for entering the order in the book of registry and the certificate of registration the registrar of inland vessels suspending the registration certificate shall confiscate such certificate and return the certificate to the owner or master only upon the withdrawal of suspensionclause 32 of the bill seeks to provide for the cancellation of registration of vessel being declared missing, destroyed, lost or abandoned or rendered permanently unfit, destined for scrapping or dismantled or sold abroad the owner shall report the fact to the registrar of inland vessels along with the report and certificate of registration where the vessel is registered, within time period as may be provided by rules by the central government the registrar of inland vessels may, within local limits of his jurisdiction, get vessel inspected by designated authority appointed by the state government, and after inspection, if is satisfied that the vessel is unfit to ply in any inland water, get the registration certificate surrendered and cancel the registration of that vessel, after giving opportunity of hearing to the ownerclause 33 of the bill seeks to provide for mortgage of mechanically propelled vessel or share therein as a security for loan the instrument creating security to be in such form as may be provided by rules by the central government the registrar of inland vessels may, on production of instrument creating security, record the mortgage in the book of registrythe manner and condition subject to which vessel or share therein may be mortgaged shall be such as may be provided by rules by the central governmentclause 34 of the bill seeks to provide for training and minimum age for employmentthe standards for qualification, training, training institutes, examination and grant of competency certificates shall be such as may be provided by rules by the central government no person under the age of eighteen years shall be employed on a mechanically propelled inland vessel registered under the proposed legislationclause 35 of the bill seeks to provide for minimum manning scale and manning requirement the minimum manning scale for different class or category of mechanically propelled inland vessels shall such as may be determined by the central government, by rulesclause 36 of the bill seeks to provide for the appointment and duties of the examiners in respect of certificates under chapter vi such examiners may be appointed by the state government in accordance with the criteria and qualifications as may be provided by rules by the central government the examiners shall evaluate the masters, engineers, engine drivers or other persons who have undergone the qualifying training and report the list of successful candidates to the state government or other officer appointed or authorised, by notification, by the state governmentclause 37 of the bill seeks to provide for grant of certificate of competency to such candidate who is reported by the examiners to possesses the required qualification the report provided by the examiners may be evaluated by the state government and after finding the report correct, shall grant certificate of competency, certifying that the candidate specifying in the report is competent to serve in such capacity as may be specified therein on any class or category of mechanically propelled inland vessel in case of defective or unduly made report, the state government shall require for further examination or re-examination of all or any of the candidate the certificate of competency is to be in such form as may be provided by rules by the central governmentclause 38 of the bill seeks to provide for grant of certificate of service to any person, who has served for such period, as may be provided by rules, as a master, or as an engineer, of a vessel of the coast guard, indian navy or regular army, to the effect of his competency to act on board the mechanically propelled inland vessel as a first class master, second class master or serang, or as an engineer , first class engine driver or second class engine driver or in such capacity as may be specified therein such certificate shall be granted by the state government on verification of the certificate issued by coast guard, indian navy or regular army submitted with application the state government may refuse to grant the certificate by recording reasons thereof a certificate of service so granted shall be in such form, manner and subject to such conditions as may be provided by rules by the central government and shall have the same effect as a certificate of competencyclause 39 of the bill seeks to provide for effect of certificate of competency or certificate of service it provides that the certificate of competency or certificate of service shall be valid throughout india and shall be subject to the provisions of the proposed legislation and such conditions as may be provided by rules by the central governmentclause 40 of the bill seeks to provide for suspension and cancellation of certificate issued under chapter vi on the contravention of the provisions of the proposed legsialtion or the rules made thereunder before such suspension or cancellation of the certificate, the state government or any officer appointed or authorised in this behalf shall issue notice to the concerned holder of the certificate and provide him opportunity of being heard and record the reasons for suspension or cancellation on such suspension or cancellation the holder of the certificate shall deliver the certificate to the state government or officer appointed or authorised by that government by notificationclause 41 of the bill seeks to provide for registry of certificate holders and central registry it provides that the registers in electronic format to record the data and details of the certificate issued by state government shall be in such form and manner as may be provided by rules the state government shall report and update the central government with the information, data and detail of certificates issued, granted, cancelled or suspended or other remarks in regular intervals as the central government may specify by rules the central government shall update the central database in electronic format with the reports and information received from all the state governmentsclause 42 of the bill seeks to provide for special category vessels it empowers the central government to make rules in respect of specifying the criteria and standards to identify any class or category of mechanically propelled inland vessels as special category vessels based on their design, construction, use, purpose, area of plying, source of energy or fueling or any other criteria or standards the requirement of construction, design, survey, registration, manning, qualification, competency or requirement in addition to those contained elsewhere in the proposed legislation shall be such as may be provided by rules by the central government the state government shall identify the mechanically propelled inland vessels as special category vessels based on such criteria and standards as the central government may provide by rulesclause 43 of the bill seeks to provide for appointment or authorisation of officers to implement provisions, grant certificate of fitness and like other matters it empowers the state government to appoint or authorise qualified officers and such number of officers for the purpose of performing duties and implementing the provisions of the chapter on special category vessels on the application made by owner, operator or master and on being satisfied that the vessel complies with the provisions of the proposed legislation and that it falls under the special category vessel, the state government may, grant a certificate of fitness in such form and content and subject to such conditions as may be provided by rules by the state government the appointed or authorised officer may, by recording the reasons therefor, refuse the grant of certificate of fitness in respect of such applicationclause 44 of the bill seeks to provide for the safety features, gears and such other measures which the vessel identified as special category vessel shall comply with and be equipped in accordance with the categorisation of such vessel, shall be such as may be provided by rules by the state government the maximum carrying capacity of the special category vessel may be determined by the specified load line or the limits of load line or any such other criteria and conditions, for the safe voyage of such inland vessel shall be as may be provided by rules by the state governmentclause 45 of the bill seeks to provide for inspection of special category vessel it provides that the vessel including hull, equipment and machinery or any part or properties of special category vessel may be inspected by the surveyor at any instance other than normal survey the owner, operator, agent, master or person in-charge of the vessel shall provide all facilities to the surveyor and any information of any part of the vessel, machinery or equipment thereof machinery as required by the surveyorclause 46 of the bill seeks to provide for suspension or cancellation of certificate of fitness on non-compliance of the provisions of the proposed enactment or the rules made thereunder it provides that the state government may issue notice for rectification of noncompliance within specified time on continuance of non-compliance even after receipt of notice, the state government may provide an opportunity of being heard and recording the reasons in writing, suspend or cancel the certificate of fitness of the vessel in the case of such suspension or cancellation, then such vessel shall cease to operate till the suspension is revoked or in the case of cancellation till new certificate of fitness is grantedclause 47 of the bill seeks to provide for navigation safety, lights and signals of the mechanically propelled inland vessels it empowers the central government to make rules regarding specifications and requirements of signals and equipment, fog and distress signals, the steering and sailing rules and different protocols of exhibition and display of different standards of lights, shapes and signals as specified in the clause and the owner or master of every mechanically propelled vessel, while in the inland water limit, shall strictly comply with the rules so madeclause 48 of the bill seeks to provide for obligation to ensure safe navigation it provides that it shall be the obligation on every mechanically propelled vessel to adopt necessary measures to prevent collision and to ensure safe navigation through inland waters and in the case of any damage to person or property as specified in the said clause, such damage shall be deemed to have been occasioned by the willful default of the concerned person in-charge of the vessel, unless it is shown to the satisfaction of the court that the circumstances of the case demands deviance from the applicable rulesclause 49 of the bill seeks to provide for distress signal it provides that the master of a mechanically propelled vessel has obligation, while in the inland water limit, on finding or encountering a dangerous derelict or any other hazard to navigation in the inland waterways, to send, free of cost, immediately a signal or to indicate the danger or distress or any such information to other mechanically propelled vessels in the vicinity and to the concerned state governmentclause 50 of the bill seeks to provide for assistance to vessels in distress and persons in distress by imposing obligation on the master of any mechanically propelled vessel, while in the inland water limit, on receiving any signal of distress from any vessel or aircraft in the inland water limit, to proceed immediately to provide assistance to the persons in distress by acknowledging the receipt of such signal to the vessel in distress except in certain circumstances as specified in the clause and he has also obligation, while in the inland water limit, to render assistance to every person found in danger of being lost in the inland waters except in certain circumstancesclause 51 of the bill seeks to provide for life saving, fire safety and communication appliances it empowers the central government to make rules regarding class or category of mechanically propelled inland vessels to be equipped with life saving appliances, fire detection and extinguishing appliances and communication appliances and the owner, operator or master of such vessel shall comply therewith it further empowers the state government to appoint or authorise officers as surveyors and the surveyor shall inspect and ensure that the mechanically propelled inland vessel complies with applicable requirements in case of inspection and found in non-conformity to requirements, notice shall be issued by surveyor pointing out deficiency and unless such notice is complied with, by the owner or master, such vessel shall not to proceed on voyageclause 52 of the bill seeks to empower the central government to designate, by notification, the list of chemicals, any ingredients or substance carried as bunker or as cargo, or any substance in any form discharged from any mechanically propelled inland vessel, as pollutants it provides that the owner or master of such vessel shall discharge or dispose of the sewage or garbage in accordance with the standards and manner as may be provided by rules by the central government and subject to the exceptions specified in the said clause no such vessel shall cause pollution by discharging or dumping the pollutants so designated by notificationclause 53 of the bill seeks to empower the central government to provide by rules, standards of construction and equipment of the mechanically propelled inland vessels to ensure compliance with the requirements of chapter ix it provides that the state government shall appoint or authorise officers to ensure construction, installation and maintenance of equipment of inland vessels, and on compliance, shall issue a certificate of prevention of pollution the validity and content of the certificate shall be such as may be as provided by rules by the central government and such certificate shall be carried on board the concerned vessel to furnish the same on demand by the appointed or authorised officerclause 54 of the bill seeks to empower the central government to provide by rules, the conditions for construction, use and maintenance of reception facilities for the containment of pollution and removal of pollutants arising from spillage or discharge arising from mechanically propelled inland vessels at all cargo terminals or passenger terminals and for compliance of the same the owner or operator of all cargo or passenger terminals shall provide reception facilities and shall receive charges, at such rates as may be provided by rules by the state government the central government or authorised officer by the state government shall direct the owner or operator of the terminal to arrange for the provision of such pollution containment equipment and pollutant removing materials at the terminals for the purpose of minimizing the pollution already caused, by order in writing the operator shall submit a report of compliance to the central government the owner, operator or master of the inland vessel, shall discharge the pollutants at the port reception facilities in the manner as may be provided by rules by the state governmentclause 55 of the bill seeks to empower the state government to appoint or authorise such officers as surveyors to inspect any cargo or passenger terminal lying within its respective jurisdiction and such surveyor or officer may, at any reasonable time, enter and inspect any cargo or passenger terminal for the purpose specified in the clause and in the case of deficiency as specified in the clause, he may give notice in writing specifying the deficiencies and recommend remedial measures therein to the owner or operator of the cargo or passenger terminal and such owner or operator shall not proceed with any work at such cargo or passenger terminal until he obtains certificate as specified in the clauseclause 56 of the bill seeks to empower the state government to direct any designated authority or the authorised officer specified in the clause to conduct investigation into incident of pollution and that government shall update the central government with such information or report of the court, if so directed by such court concerned, on incident of pollution that occurs within its jurisdictionclause 57 of the bill seeks to provide for prohibition of the owner, operator, master or person in charge of the vessel, plying in inland water from intentionally abandoning, deserting, dumping, throwing onboard or jettisoning the vessel or property or parts or cargo, so as to cause wreckclause 58 of the bill seeks to empower the state government to appoint or authorise any officer, by notification, to act as receiver of wreck within its jurisdiction and to impose obligation on the owner, operator, master or person in charge of vessel, property or cargo which is wrecked, stranded or in distress or who has found them wrecked, stranded or in distress in the inland waters, to immediately inform to the receiver of the wreck as specified in the clause and such owner shall also inform the receiver of wreck in writing the finding and the marks as specified in the clause; and where the wreck is in possession of any person other than the owner, operator, master or person in charge of vessel, property or cargo, such person shall deliver the same to the receiver of the wreckclause 59 of the bill seeks to empower the central government to make rules under chapter x for providing powers and functions of the receiver of the wreck; responsibilities and obligations of the owner, operator, master or person in charge of vessel, property or cargo with respect to the wreck; measures adopted for the removal of obstruction to navigation; disposal of wreck, including its sale and proceeds of unsold property; measures to be adopted for protection of wreck, fouling of government moorings; rights and duties of salvors and performance of salvage operations or resolution of disputes pertaining to amount payable to salvors; and such other matter as deemed necessary for the efficient administration and removal of wrecksclause 60 of the bill seeks to provide for liability of the owner, operator, master of crew or an insurer for the offences and contraventions of the provisions of the proposed legislation or rules made thereunder and further provides for the liability of the beneficially interested person otherwise than by way of mortgage or in the share in any registered mechanically propelled inland vessel and that such liability shall be on both such person and the registered owner in respect of all the pecuniary penalty imposed under the proposed legislation or any other act on the owners of mechanically propelled inland vessels or shares thereinclause 61 of the bill seeks to provide for apportionment of loss, division of damage or loss caused by the fault of two or more mechanically propelled inland vessels and in such case, the liability to make good the damage or loss shall be in proportion to the degree in which each of such vessel was at fault with certain specifications provided in the said clause the said damage or loss shall include any salvage or other expenses, consequent upon the fault and for the detention or attachment of the vessel, the person who has suffered damage or injured or his representative may apply in the appropriate jurisdiction on the claimclause 62 of the bill seeks to provide for liability for personal injury, loss of life or pollution to environment it provides that where loss of life or personal injury is suffered or damage to property or pollution is caused as specified in the clause owing to the fault of a vessel and any other vessel or vessels, then, the liability of the owners of such vessels concerned shall be joint and several subject to certain defense in the clause to the owner, operator, master or a member of crew or insurerclause 63 of the bill seeks to provide for detention of mechanically propelled inland vessel it empowers the state government to appoint officer for the purpose of detaining any mechanically propelled inland vessel as specified in the clause and the procedure therefor shall be such as may be provided by rules by that governmentclause 64 of the bill seeks to provide for limitation of liability it enables the owner, operator, master or person in-charge of a vessel or member of crew of any mechanically propelled vessel to limit the extent of his liability as specified in the said clause and no person shall be entitled to limit his liability for claims for salvage or claims stipulated as exempted from the application of limitation of liability under any other law and the act of invoking limitation of liability shall not be construed as constituting an admission of liability by any person who takes the defence and the liability of the owner or operator of a mechanically propelled inland vessel includes liability in an action brought against such vessels it also empowers the central government to provide, by rules, the limits of liability and the criteria in determining for compensation for any claim specified in the clause and it also specifies regarding application to the high court for constituting a limitation fund for the consolidated rate and the release by the high court of a vessel or other property detained in connection with claimclause 65 of the bill seeks to provide for non-applicability of limitation it provides for the event when the person entitled to limit the liability against any claim shall not be able to so limit and such event occurs when the claim has arisen due to intentional act or negligence of such person or his employeeclause 66 of the bill seeks to provide for insurance to cover it provides for insurance of the liability of the mechanically propelled vessel used for voyage in inland waters as specified in the said clauseclause 67 of the bill seeks to provide for contractual liability not to cover it provides that a policy shall not be required to cover any contractual liability of the insured that arises due to any performance or not performance of a contract or of agreement in a capacity of a service providerclause 68 of the bill seeks to provide for insurance and terms of insurance policy it specifies the policy of insurance to be issued for the purposes of clause 66 is to be issued by an authorised insurer and insured, the mechanically propelled inland vessel, any person or classes of person specified in the policy to the extent specified in clause 66 and certificate of insurance to be in such form and content and subject to such conditions as may be provided by rules by the central government it also provides for terms and conditions to be incorporated in the contract of insurance entered between insurer and insured to cover the risks as provided in clause 66 shall be such as may be provided by rules by the central governmentclause 69 of the bill seeks to provide for duty to indemnity and direct action against insurer it provides that an insurer issuing a policy of insurance shall be liable to indemnify the insured or any person, as specified in the policy in respect of any liability which the policy purports to cover in the case of the insured or that person it further provides that any claim for compensation against loss or damage under the proposed legislation and covered by the insurance may be brought directly by the insurer in respect of liability incurred by the registered ownerclause 70 of the bill seeks to provide for effect of death on certain causes of action it provides that the death of a person in whose favour a certificate of insurance had been issued, if it occurs after the happening of an event which has given rise to a claim as specified in the clause, shall not be a bar to the survival of any cause of action arising out of the said event against his estate or against the insurerclause 71 of the bill seeks to provide for effect of certificate of insurance it provides that in case, an insurer has issued a certificate of insurance in respect of a contract of insurance between the insurer and the insured person, then, non-issue of policy, as described in the certificate by the insurer shall not affect the conforming in all respects with the description and particulars of the policy so far as they relate to the third person; and when actual terms of policy are less favourable to the person claiming under or by virtue of the policy against the insurer, then, the policy shall, as between the insurer and the person so claiming be deemed to be in terms confirming in all respects with the particulars stated in the said certificateclause 72 of the bill seeks to provide for transfer of certificate of insurance it provides that the transfer of the ownership of the mechanically propelled vessel in respect of which the insurance has been taken also transfers the certificate of insurance and policy described in the certificate with rights and liabilities to the transferee with effect from the date of such transferclause 73 of the bill seeks to empower the central government to make rules for chapter xii it, inter alia, empowers the central government to specify the terms, conditions and procedure to be complied with by the insurers and insured including cover note of insurance and its validity; rights and duties of the insured; procedures and processes involved in processing of claims; duties and obligations of the insurers to satisfy the judgments and awards; rights of claimants, liability of the insured and the insurers in special circumstances such as the insured becomes insolvent and the procedures to be followed; procedures, processes and minimum terms of conditions for the settlement between the insurers and insured persons; procedures to be followed in the transfer of certificate of insurance; and such other matters directly or indirectly related to insurance of mechanically propelled vessels, for the purposes of effective implementation and administration of this chapter in the proposed enactmentclause 74 of the bill seeks to provide for reporting of casualty, accident, wreck and like other matters it provides for reporting wreck, abandonment, damage, casualty, accident, explosion or loss occurred to or on board a mechanically propelled inland vessel and such reporting shall be made to the officer in-charge of the nearest police station and to the designated authority appointed for such purpose by the state government in such form and manner as may be provided by rules by the state government it further provides that the designated authority shall report contents and information to the district magistrate it also provides for investigation by the officer in-charge of the police station and submission of a report to the judicial magistrate who in turn take action as deemed fit in accordance with the provisions of the chapter xvi relating to the offences and penaltiesclause 75 of the bill seeks to provide for preliminary enquiry by designated authority and inquiry by district magistrate it provides that the designated authority shall conduct enquiry submit a report to the district magistrate, who shall transmit the same to the concerned state government the state government may direct the district magistrate to submit an additional report, if deemed necessary, and send copy to the judicial magistrate through the jurisdictional police it further provides for the powers of the district magistrate and the procedures followed by him for submission of additional report in such manner as may be provided by rules by the state governmentclause 76 of the bill seeks to provide for assessors it empowers the state government to appoint and maintain a list of assessors, revised from time to time it further provides that the state government shall, by rules, specify the qualifications, criteria and consideration, fees or charges for the assessors conversant with maritime affairs the district magistrate may appoint any number of assessors for assisting in the inquiry and the assessors to deliver his opinion as may be sought for, which shall be recorded in the proceedingsclause 77 of the bill seeks to provide for the report of district magistrate to be notified by state government it provides that the district magistrate shall make a full report of the conclusion arrived together with the evidence recorded and the written opinion of assessor and the state government shall, on receipt of the report from the district magistrate, publish the same by notification in the official gazetteclause 78 of the bill seeks to provide for powers of district magistrate subsequent to inquiry it provides that the district magistrate, may recommend in his report for cancellation or suspension or confiscation of a certificate of competency or certificate of service granted to a master, crew or engineer of an inland vessel by state government, if it finds that the accident or casualty, including loss, stranding or abandonment of, or damage to, any mechanically propelled inland vessel, or loss of life, has been caused by the wrongful act or default of such master or engineer and on the ground of incompetency or guilt of any gross act of drunkenness, tyranny or other misconduct or failure in case of collision to fail render assistance or giving information or notice required under the proposed enactment it further provides that at the conclusion of the inquiry the district magistrate shall state in open sitting, the decision arrived at by him with respect to the cancellation or suspension or confiscation of any certificate of competency or certificate of service and period of suspension it also provides that the district magistrate, without prejudice to the provisions of the clause, may also make such order and require such security in respect of the costs of the matter as deemed fitclause 79 of the bill seeks to provide for powers of state government to suspend, cancel and confiscate certificate it provides that the state government, in whose jurisdiction the certificate of competency or certificate of service was granted, may cancel or suspend any such certificate or, in the event of vessel being found under jurisdiction of another state government, such state government may confiscate the certificate on the report of the district magistrate or on the ground of the holder of the certificate having been convicted of the non-bailable offence; or the holder of the certificate is proved to have deserted his vessel or has absented himself without leave and without sufficient reason, from his vessel or from his duty; or a person holding any designation as provided by the certificate being unfit to act in such designation, as specified in the clause it further provides that after such suspension, cancellation or confiscation, the holder of the certificate shall deliver it to the person as the concerned state government may direct and if any state government cancels, suspends or confiscate the certificate, the proceedings and the fact of confiscation and recommendation for suspension or cancellation shall be reported to the state government which has originally issued, granted or endorsed the certificate and the state government shall have the power to revoke such suspension or cancellation or grant certificate anew and record the reasons in writing to a person whose certificate has been so cancelledclause 80 of the bill seeks to provide for powers of the central government to protect interest of service providers and service users it empowers the central government to specify the minimum standards, terms and conditions to protect the interests and to ensure safety of service providers and service users that shall be incorporated in the contract entered for carriage or use of inland vesselsclause 81 of the bill seeks to provide for prohibited goods and dangerous goods it empowers the central government, by notification, to declare the list of dangerous goods that may be carried subject to the conditions that may be provided by rules, and prohibited goods that are prohibited from being carried on any class or category of mechanically propelled inland vessels, while plying in the inland watersclause 82 of the bill seeks to provide for trade permission and endorsement of certificates of foreign vessels it provides that such vessels registered in foreign countries shall be used and employed within the inland waters with the prior permissions from the central government for such purposes and subject to such terms and conditions as may be determined by rules by the central government and the provisions of bilateral or multilateral treaties shall be imposed on the service providers of such vessels it further provides that the foreign certificates granted in accordance with the law corresponding to the provisions of the proposed legislation shall be endorsed as specified in the clause to have effect for such period and to such extent as may be provided by rules by the central government and shall be treated as if it had been granted under the proposed enactmentclause 83 of the bill seeks to provide for pilotage it provides that the central government may designate the requirement of pilotage in whole or part of inland waterways declared as national waterways and the state government may designate such requirement of pilotage in whole or part or any stretch of designated inland waterways or passages that lie within the respective territory of such state government and in respect of which central government has not specifiedclause 84 of the bill seeks to provide for certified master to be deemed pilot under act 15 of 1908 it provides that, subject to provisions of section clause 83, every certified master of any mechanically propelled inland vessel under the proposed legislation shall, as specified in the clause, be deemed to be the pilot under the indian ports act, 1908clause 85 of the bill seeks to provide for vessel detention and forfeiture it provides for the conditions under which a mechanically propelled inland vessel, which is required to be registered, shall be removed from the inland waters, detained or forfeited by the authorised officer appointed by the state government it further provides for the safe custody and maintenance of the detained or forfeited vessel at the cost of owner, operator or the person responsible for the vessel and this is a pre-condition for release of the vessel, and if unpaid, shall create a lien over such vessel it also provides for release of the detained vessel by the state government, procedure of detention, formality, fees and conditions to be followed and observed by the concerned officer or authority or court and the aid of police officer or any other authorised person to be taken by the authorised officer for the purpose of enforcing the order of detention or forfeiture of the vesselclause 86 of the bill seeks to provide for constitution of development fund it provides for constitution of a development fund by the state government, which shall be utilised for meeting emergency preparedness, containment of pollution, supporting expenses of owners or economically backward sector involved in activities of trade and living depending solely on inland waters, removal of unidentified wreck or obstruction and boosting up development works of inland water navigation as specified in the clause it further provides for the sources from where the fund shall be contributedclause 87 of the bill seeks to provide for offences and penalties it provides for the offences for the contravention, or failure to comply with, the provisions of the proposed legislation and the punishment for such offences as provided in the table in sub-section (2)it further provides for contravention of the offence not specifically provided and penalty for the same it also provides for the realisation of fine and the magistrate passing the sentence may direct the amount of fine to be levied by distress and sale of mechanically propelled vessel or its appurtenance it also provides for the details of the offence, the offender and the vessel to be recorded in such form and manner as may be provided by rules by the central government and the appointment of courts by the state government for conducting trial of the offenderclause 88 of the bill seeks to provide for offences by company, limited liability partnership firm or any such arrangement it provides for offences by company, limited liability partnership firm or any such arrangement and the criminal liability of the persons responsible to such company, limited liability partnership firm or any such arrangementclause 89 of the bill seeks to provide for fees, additional fee, payment and collectionit empowers the state government to collect the fees and additional fees for the services provided under the proposed legislation and any other charges or payment made to it against penalties it also empowers the state government to appoint, authorise or to constitute such offices to act as single point collection offices within the districts or ports, considering proximity and convenience of remittance as specified in the clause and to make rules for the procedure, forms and notes of receipt, maintenance of account and other purposes as specified in the said clause it also provides that all fess payable under the proposed legislation may be recovered as fine by the state governmentclause 90 of the bill seeks to provide for cognizance of offence it provides that no court shall take cognizance of any offence under the proposed legislation except on a complaint in writing made by the central government or any officer authorised by the state governmentclause 91 of the bill seeks to provide for local self-governance it provides that the state government may authorise any of its department to administer and implement the provisions of chapter xvii relating to non-mechanically propelled inland vessels by means of local self- governance and the location of such department shall be accessible to owners, operators of such vessel, or service users of such vessels it specifies the hierarchy of power or any other hierarchy as may be provided by rules by the state government the offices of authorised department shall exercise the powers and functions as may be specified by rules by the state government including those specified in the said clauseclause 92 of the bill seeks to provide for obligation to enroll it provides for the obligation of the owner or operator of the non-mechanically propelled vessel to enroll and specifies the details to be submitted by the owner or operator at the nearest office of the authorised department in such form and content as may be provided by rules by the state government in the respective vernacular language, apart from hindi and english it further provides that the state government shall publish the criteria for categorisation for the purposes of identification of non-mechanically propelled inland vessels to be enrolled and the enrolled non-mechanically propelled inland vessels shall only be entitled for the benefits and preferential treatment it also provides for recording of the details of the enrolled vessels in the registry of enrolment, maintenance of collated list of enrolled vessels by the office of district magistrate or the officer appointed or authorised for such purpose, maintenance by the state government a central data base to record the details of the enrolled non-mechanically propelled inland vessel and the reporting of any change to the registry of enrolment and bringing out such changes in every registers maintained by the respective authorities including the central data base maintained by the state governmentclause 93 of the bill seeks to provide for certificate of enrolment and marking of vesselit provides that the officer of the authorised department appointed or authorised to maintain the registry shall issue a certificate of enrolment to the non-mechanically propelled inland vessel that has enrolled in the registry of enrolment and the form, and manner of issuing the certificate shall be provided by rules by the state government it further provides that certain matters are specified in the said clause which shall be included in the certificate it also provides that the enrolled non-mechanically propelled inland vessel to be issued a unique number by the authorised department for the purpose of identification of enrolment and exhibition of such number on a conspicuous part of the non-mechanically propelled inland vesselclause 94 of the bill seeks to provide for standards of construction and safety of non-mechanically propelled vessels it provides that the basic minimum standards, standards of construction, minimum safety gears and equipment, standards of overhauling, modifying, altering or refitting shall be specified and provided by rules by the state government and the enrolled non-mechanically propelled inland vessels shall comply with the stipulated safety standards it further empowers the state government to specify the routes, areas or stretch of inland waters that are prohibited from being used or subject to such terms and conditions for the navigation of such vessels to ensure safe navigationclause 95 of the bill seeks to provide for power of the state government to make rules to regulate non-mechanically propelled inland vessels it empowers the state government to make rules to regulate non-mechanically propelled inland vessels for prevention and minimising pollution caused by such vessels, removal of obstructions to safe navigation, rules to be adopted to avert accidents and casualty and any other measures deemed fit for implementing the provisions of chapter xviiclause 96 of the bill seeks to provide for constitution of welfare fund it provides for constitution of welfare fund at the district level by the state government to assist the enrolled non-mechanically propelled inland vessels and further provides that the appointed officer, or the authorised officer, to be in-charge of such fund shall, with the written prior approval of the state government or such other authority appointed for said purpose, utilise the fund for the purposes specified in the clauseclause 97 of the bill seeks to provide for desertion and absence without leave it provides that no person employed or engaged in any capacity on board a mechanically propelled vessel shall neglect or refuse without reasonable cause, to join the vessel or to proceed on any voyage in the vessel, to absent from the vessel or from his duty without leave and without sufficient cause, to desert from the vessel and to fail to act or behave with discipline befitting his duty and mandateclause 98 of the bill seeks to provide for general powers of the central government to make rules it, inter alia, empowers the central government to make rules for implementation of standards for use of special category of vessels within inland waterways; providing the requirements and standards for river information services, vessel traffic and transport management, safety and information services, vessel tracing and tracking information, to tackle calamities and for measures to control any epidemic or disease of contagious nature it further provides for enforcing standards to avoid and tackle pollution arising in inland waterways; exempt, include or extend the application of any all the provisions of the proposed enactment to a registered vessel and any other matter deemed fit for proper implementation and for the purpose of ensuring safe navigation, safety of life it also empowers the central government or the state government to authorise or appoint officers for the purpose of administration of the notifications mentioned thereinclause 99 of the bill seeks to provide for emergency preparedness it provides for appointment or authorisation of advisory committee or officer by the state government for taking adequate measures to minimise or counter emergency and specifies regarding information or report to be given in respect of crisis by owner, operator, master, crew or any other person connected with inland vessel to the advisory committee or officer and such committee or officer on receiving such information or direction by the central government or the state government or on their own initiative, adopt feasible measures to minimise or counter such emergency it also provides that the advisory committee shall request the navy, coast guard, any other emergency force or any inland vessel available for necessary assistance it further provides that the mechanically propelled inland vessel directed or acting voluntarily in rendering assistance shall not be bound by the provisions of the proposed enactment and the rules made thereunder it also provides for report to the advisory committee or officer by the mechanically propelled inland vessel acting voluntarily, for the purpose of saving life or vessel or providing basic amenities, regarding the presence and reasons for the acts in writing and the advisory committee or officer shall disburse all basic amenities necessary and essential, as it may deem fit, to the persons or vessels affected by emergency and the advisory committee or officer shall report the central government or the state government as specified thereinclause 100 of the bill seeks to provide for removal of lawful obstruction it provides for the authorised officer to report the lawful obstruction or impediment to the navigation on any inland water to the state government and with the sanction of state government, cause the same to be removed or altered it further provides for making reasonable compensation to the person suffering damage by such removal or alteration and any dispute arising out of or concerning such compensation shall be determined according to the provisions of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013clause 101 of the bill seeks to provide for validity of certificates issued under laws other than the proposed legislation it provides that every certificate issued in respect of any person or vessel under laws other than the proposed legislation shall be valid and effective as a certificate issued under the proposed legislation and the relevant provisions of the proposed legislation shall apply in relation to such persons or vessel as they apply to any person who has been issued with a certificate under chapter vi or any registered mechanically propelled vessel it also empowers the state government to impose additional conditions and requirements for the purpose of recognition of such certificateclause 102 of the bill seeks to provide for obstruction to officer appointed or authorisedit provides that no person shall obstruct or attempt to cause obstruction to the authority or officer in exercise of his functions and powers or in the discharging of his duties imposed by or under the proposed legislation and as specified in the said clauseclause 103 of the bill seeks to provide for place of trial it provides that the place of trial of the offences under the proposed legislation shall be the place where the offender may be found or at the place of occurrence at the place in the state where the offence has been committed or a place which the central government or the state government, may specify in this behalf or any other place in which the offender might be tried under any other enactment for the time being in forceclause 104 of the bill seeks to provide for composition of offences it provides that the offences other than that punishable with imprisonment or imprisonment with fine to be compounded by competent authority on application of the accused person in the event, matter referred to the court, compounded by competent authority with the permission of such court it further provides that the competent authority shall exercise the powers to compound an offence, subject to the direction, control and supervision of the appropriate government the application for the compounding of offence shall be in such manner as may be provided by rules it also provides that prosecution shall not to be instituted for compounded offence and competent authority making composition of any offence after the institution of any prosecution shall give in writing to the notice of court in which prosecution is pending and on such notice of composition, the accused person shall to be discharged it also provides for additional fine to be paid as specified therein in case of non-compliance of order made by the competent authorityclause 105 of the bill seeks to provide for appeal it provides that any person who is aggrieved by an order made by the officers or authorities under the proposed legislation may appeal to the state government against, refusal, suspension, cancellation, detention, removal or such order issued under the proposed legislation, within thirty days from the receipt of the order and specify the procedure and disposal of the appeal by the state governmentclause 106 of the bill seeks to provide for power of the central government to make rules it empowers the central government to make rules in respect of the matters specified in sub-clause (2) of the said clause, subject to the condition of previous publication, for the purposes of effective implementation of the provisions of the proposed legislation it also provides for an inclusive provision, covering the powers of central government to make rulesclause 107 of the bill seeks to provide for power of the state government to make rules it empowers the state government to make rules, after previous publication, for provisions specified to be administered by it under the proposed legislation or delegated to it by the central government rules, in respect of the matters specified in sub-clause (2) of the said clause, for the effective implementation of the provisions under the proposed legislation it also provides for an inclusive provision covering the powers of state government to make rulesclause 108 of the bill seeks to provide for power of the central government to give directions it empowers the central government to give directions to the state governments for carrying into execution of the proposed legislation in the state which shall be abided by the state governmentclause 109 of the bill seeks to provide for protection of action taken in good faith it provides for protection to any person or officers authorised or appointed under the proposed legislation against any suit, prosecution or other legal proceeding for anything done or intended to be done in good faith under the proposed legislation and for claiming immunity such officer shall perform and carry out the respective functions and responsibilities, with utmost care and due diligenceclause 110 of the bill seeks to provide for power to remove difficulties it provides that if any difficulty arises in giving effect to the provisions of the proposed legislation, the central government may, by order, published in the official gazette, make such provisions, not inconsistent with the provisions of the proposed legislation, as appears to it to be necessary or expedient for removing difficulty it further provides that no such order shall be made after expiry of three years and that every such order made shall, as soon as possible, be laid before each house of parliamentclause 111 of the bill seeks to provide for consistency with other laws it provides that the provisions of the proposed legislation shall be in addition to, and construed as consistent and not in derogation of the provisions other laws and in case of conflict, the provisions of the proposed legislation shall prevail to the extent of such conflictclause 112 of the bill seeks to provide for suspension or alteration of application and operation of the proposed legislation it empowers the central government to declare by notification that any provisions of the proposed legislation other than those provided for safety, manning and prevention of pollution, be not applicable to any specified class or category of vessels or applicable with such modifications and to suspend or relax to a specified extent either indefinitely or for such period as specified, the operation of all or any provisions of the proposed legislationclause 113 of the bill seeks to provide for laying of rules and notifications it provides that every rule made or notification issued by the central government under the proposed legislation, shall be laid, as soon as may be after it is made or issued, before each house of parliament it also provides that every rule made or notification issued under the proposed legislation by the state government shall, as soon as after it is made or issued, be laid before the state legislatureclause 114 of the bill seeks to provide for repeal and savings it provides for the repeal of the inland vessels act, 1917 with certain savings as specified in the said clause without prejudice to or without affecting the general application of section 6 of the general clauses act, 1897 financial memorandumclause 22 of the bill provides that the central government shall appoint officers to maintain a central data base for inland vessels, in such form and manner and the functions of the officers so appointed shall be such, as may be provided by it by rules2 an estimated expenditure in such appointments may not be possible to be specified at present because it depends and is related with the functions of such officers to be specified in the rules however, setting up of centralised data base for registration of inland vessel and crew is estimated to cost five crore rupees3 the bill does not envisage any other expenditure of recurring or non-recurring nature memorandum regarding delegated legislationsub-clause (1) of clause 98 of the bill empowers the central government to make rules for—(a) implementation of standards for the use of special category of vessels within inland waterways;(b) providing the requirements and standards of—(i) river information services; (ii) vessel traffic and transport management, safety and information services;(iii) vessel tracing and tracking information; (iv) to tackle calamities and furtherance of emergency preparedness; (v) to quarantine the vessels and to adopt such other measures to effectively control any epidemic or disease of contagious nature; (c) enforcing standards to avoid and tackle pollution arising in inland waterways; (d) exemption, inclusion or extension of the application of any or all the provisions of this act to any vessel registered, recognised or identified and intended to ply, or plying in the inland waters; and(e) any other matter as it may deem fit and necessary in the proper implementation of this act for the purpose of ensuring safe navigation, safety of life and prevention of pollution caused by inland vessel 2 sub-clause (1) of clause 106 of the bill empowers the central government to make rules for the purposes of the effective implementation of the provisions of the proposed legislation, subject to the condition of previous publication, for carrying out the provisions of the proposed legislation sub-clause (2) specifies the matters in respect of which such rules may be made these matters, inter alia, include—(a) the centralised record to be maintained in e-portal, for recording the data and details of vessel, vessel registration, crew, manning, certificates issued, reception facilities and such other data to be recorded under sub-clause (f) of clause 3; (b) the requirements for compliance to be specified in a cover note for the purpose of issuance of certificate of insurance under sub clause (g) of clause 3; (c) the procedure to be laid down and rates to be specified so as to calculate the rate of extent of liability within which the owner or such other persons entitled under this act, may limit the liability or be permitted to limit or cap the liability arising out of claims under sub-clause (t) of clause 3; (d) the standard and number of persons required for safe manning and navigation of vessels under sub-clause (z) of clause 3; (e) the classification, criteria for such classification and standards of design, construction, fitness and crew accommodation to classify or categorise any mechanically propelled inland vessel under sub-clause (1) of clause 7; (f) the manner of carrying out construction and any alteration or modification of mechanically propelled inland vessels with the prior approval of design from the designated authority under clause 8; (g) the standards for type and periodicity of surveys for all mechanically propelled inland vessels, which are newly constructed and already in service under sub-clause (1) and the form and content of request for survey to be submitted by the applicant under sub-clause (2), of clause 9; (h) the minimum criteria and qualifications for the appointment of surveyors, which the state governments shall adopt in the appointment of surveyors under clause 10; (i) the form of application for conducting survey to be submitted by owners, masters or construction yard under sub-clause (1) of clause 11; (j) the form and contents of the declaration of survey of a mechanically propelled inland vessel and the time period for which such certificate shall be valid, under sub-clause (1) of clause 12; (k) the form of the certificate of survey including any particulars or terms and conditions under sub-clause (3) of clause 12; (l) the form of provisional certificate of survey and the period of validity provided under sub-clause (1) of clause 13; (m) the terms and conditions to be complied with for permitting any mechanically propelled vessels registered under such laws of countries other than india; which shall only be permitted to ply within the inland waters under item (c) of sub-clause (2) of clause 18; (n) the form, contents or particulars of the book of registry as provided under sub-clause (1) of clause 21; (o) the form and manner for maintenance of central data base for inland vessels by the officers appointed by the central government under clause 22; (p) the functions to be performed by the officers appointed by the central government under clause 22; (q) the form and manner of making application for registration of a mechanically propelled inland vessel and the particulars along with which such application is to be made under sub-clause (1) of clause 23; (r) the list of documents to be submitted or adduced by the applicants for registration under sub-clause (2) of clause 23; (s) the form and content of certificate of registration under sub-clause (2) of clause 24; (t) the form of application, fee and the manner of issuance of provisional certificate of registration under sub-clause (2) of clause 27; (u) the procedures to be complied with by the owner of any mechanically propelled inland vessel who ceases to be the owner or applies for the requirement of transfer of registry or any such circumstances leading to change of the registered address under sub-clause (2) of clause 29; (v) the procedures for validating the transfer of mechanically propelled inland vessel from india to outside india under clause 30; (w) the time within which the owner of the mechanically propelled inland vessel shall report to the registrar of inland vessels of the place where such vessel is registered, if that vessel is declared missing, destroyed, lost, abandoned or has been rendered permanently unfit for service or destined for scrapping or dismantling or sold abroad; (x) the form of instrument creating the security for a mortgage for a loan or other valuable consideration under sub-clause (1) of clause 33; (y) the manner and conditions governing mortgage and its procedures under sub-clause (2) of clause 33; (z) the standards for qualification, training, training institute, examination and grant of competency certificates under sub-clause (1) of clause 34; (za) the minimum manning scale applicable to different class or category of mechanically propelled inland vessels, categorised under proposed act or such other laws for the time being in force in india under clause 35; (zb)the criteria and qualifications for appointment of examiners under sub-clause (1) of clause 36; (zc) the form, contents and particulars of certificate of competency specified under sub-clause (3) of clause 37; (zd) the period of validity of certificate of service issued under sub-clause (1) of clause 38; (ze) the form of certificate of service and the conditions subject to which such certificate is issued under sub-clause (4) of clause 38; (zf) the conditions subject to which the certificate of competency shall be valid throughout india under clause 39; (zg) the intervals and manner in which the state government shall report and update the central government with the information on data and details of certificates issued, granted, cancelled or suspended or such other remarks, made by the respective authority under sub-clause (2) of clause 41; (zh) the criteria and standards to identify any class or category of mechanically propelled inland vessels as special category vessels based on their design, construction, use, purpose, area of plying, source of energy or fuelling or any other criteria under sub-clause (1) of clause 42; (zi) the requirements of construction, design, survey, registration, manning, qualification, competency, or the requirements in addition to those contained elsewhere in proposed act under sub-clause (2) of clause 42; (zj) the specifications and requirements of signals and equipment based on classification and categorisation of mechanically propelled vessels, to be complied with by such vessels under sub-clause (1) of clause 47; (zk) the fog and distress signals to be carried and used, the steering and sailing rules to be complied with and the different protocols for exhibition and display of different standards of lights, shapes and signals, by any mechanically propelled vessel plying in inland waters under sub-clause (2) of clause 47; (zl) the class or category of mechanically propelled inland vessels to be equipped with navigation aids, life saving appliances, fire detection and extinguishing appliances and communication appliances under sub-clause (1) of clause 51; (zm) the standards to be followed by the owner or master of any mechanically propelled inland vessel and the manner for discharge or dispose of sewage and garbage under sub-clause (2) of clause 52; (zn) the standards of construction and equipment of the mechanically propelled inland vessels to ensure compliance with the requirements of the provisions of chapter ix under sub-clause (1) of clause 53; (zo) the form, validity and content of prevention of pollution certificate under sub-clause (3) of clause 53; (zp) the conditions for construction, use and maintenance of reception facilities for the containment of pollution and removal of pollutants arising from spillage or discharge arising from mechanically propelled inland vessels at all cargo terminals or passenger terminals under sub-clause (1) of clause 54; (zq) the purposes for chapter x as specified in sub-clauses (a) to (g) of clause 59; (zr) the limits of liability and the criteria in determining compensation for any claim specified in sub-clause (5) of clause 64; (zs) the form, content, and the conditions subject to which a certificate of insurance is issued by the insurer to the insured under item (c) of sub-clause (1) of clause 68; (zt) the terms and conditions to be incorporated in the contract of insurance entered between insurer and insured to cover the risks, as provided in clause 66, under sub-clause (2) of clause 68; (zu) the terms, conditions and procedures to be complied with by insurers and insured including those specified in sub clauses (a) to (h) therein, under clause 73; (zv) minimum standards, terms and conditions to protect the interests and to ensure safety of service providers and service users under clause 80; (zw) the conditions for carrying the list of dangerous goods under clause 81; (zx) the terms and conditions subject to which permission of the central government is granted for use or employment of a vessel, registered in any country other than india, for the purposes of, carriage of goods, transportation of passengers, storage units, accommodation, floating units or for such other purposes within the inland waters under sub-clause (1) of clause 82; (zy) the fees for grant of a certificate or license under this act similar to any certificate granted by any other foreign country in accordance with the provisions of any law for the time being in force in that country under sub-clause (2) of clause 82; (zz) the period and extent of validity of certificate granted under sub-clause (2) of clause 82, as specified in sub-clause (3) of the said clause; and (zza) any other matter which is required to be, or may be, prescribed under the provisions of the proposed legislation for the purpose of implementation and administration of such provisions 3 sub- clause (1) of clause 107 of the bill empowers the state government, after previous publication, to make rules for the provisions specified to be administered by it under the proposed legislation or as delegated to it by the central government for the purposes of effective implementation of 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 requirements for the appointment of qualified persons as pilots under sub clause (zk) of clause 3; (b) the fee for issuance of certificate of survey under sub-clause (2) of clause 12; (c) the manner and conditions subject to which any mechanically propelled inland vessel, which has been issued with a provisional certificate of survey or endorsement may proceed on voyage or use in service, temporarily, pending the issue of certificate of survey under sub-clause (2) of clause13; (d) the manner of issue the notice of suspension of certificate of survey to the owner, operator, master, or construction yard under sub-clause (2) of clause 15; (e) the functions to be performed by the registrar of inland vessels in respect to the port or place of registry for which he is appointed under sub-clause (2) of clause 20; (f) the manner and period in which the registrar of inland vessels shall report the details of the book of registry or entries made therein, to the state government at regular intervals, under sub-clause (2) of clause 21; (g) the fee for granting the certificate of registration to the applicant under sub-clause (1) of clause 24; (h) other particulars to be contained in the certificate of registration under item (e) of sub-clause (2) of clause 24; (i) the conspicuous part of the vessel where the owner shall display the official number under sub-clause (3) of clause 24; (j) the form and manner in which the registered owner shall apply for a duplicate certificate to the registrar of inland vessels under sub-clause (1)of clause 26; (k) the fees or additional fees for applying for a duplicate certificate to the registrar of inland vessels under sub-clause (2) of clause 26; (l) the form, manner and period within which the owner, operator or master of the mechanically propelled inland vessel shall make an application, for entry of alterations or modifications made, in the certificate of registration, under sub-clause (1) of clause 28; (m) the fee for applying to the registrar of inland vessels for registration of alterations under sub-clause (2) of clause 28; (n) the conditions to be complied with and the period for such compliance to be stated in the notice of suspension issued by the registrar of inland vessels under sub-clause (4) of clause 31; (o) the form and manner for maintenance of registers to record, the details and data of the certificate, and the certificates specified therein, under sub-clause (1) of clause 41; (p) the form of application, form of certificate of fitness and such other conditions including validity subject to which and the manner of granting the certificate of fitness under sub-clause (2) of clause 43; (q) the safety features, gears and such other measures by which any mechanically propelled inland vessel, identified as special category vessel, shall comply with and be equipped in accordance with the categorisation of such vessel, under sub-clause (1) of clause 44; (r) the maximum carrying capacity of the vessel identified as special category vessel by specifying the safety waterline or the limits of load water line to keep them afloat, or such other criteria and conditions, for the safe voyage of such inland vessel under sub-clause (2) of clause 44; (s) the rates of charges to be received by the owner or operator of all cargo terminals or passenger terminals, providing reception facilities shall receive charges under sub-clause (3) of clause 54; (t) the form of report of compliance to be submitted by the owner or operator of the passenger or cargo terminal under sub-clause (5) of clause 54; (u) the manner in which the owner, operator or master of any mechanically propelled vessel used or plying within inland waters, shall discharge the pollutants at the port reception facilities under sub-clause (6) of clause 54; (v) the procedure for detaining any mechanically propelled inland vessel in connection with a claim, or an offence under clause 63; (w) form and manner of giving information of any wreck, abandonment, damage, casualty, accident, explosion or loss occurred to or on board such a vessel while in the inland waters, to the officer in-charge of the nearest police station and to the designated authority appointed under sub-clause (2) of clause 74; (x) the powers of the district magistrate and the procedures to be followed in holding inquiry under sub-clause (3) of clause 75; (y) the qualifications, criteria and consideration, fees or charges for the assessors, who have experience in the merchant service or in the navigation of the mechanically propelled inland vessels under sub-clause (2) of clause 76; (z) the procedures for detention, formality, fees and conditions, if not specified in the proposed legislation, to be followed and observed by the concerned officer or authority or court, appointed or authorised or constituted under the proposed legislation, for the purpose of detaining a vessel, under sub-clause (4) of clause 85; (za) the rates of fees and additional fees to be charged for the services provided under the proposed legislation, and any other charges or payment made to it against penalties of pecuniary nature to be collected by the state government, and the intervals at which such fees, charges or penalties shall be collected, under sub-clause (1) of clause 89; (zb) the procedures, forms and format of receipts, maintenance of accounts and any other matter that is necessary for the purpose of the remittance, collection, accounts and accountability of collected fees, additional fees, charges or payment against penalties of pecuniary nature under sub-clause (3) of clause 89; (zc) the manner and rates of fees or additional fees the owner, operators or their representatives, as the case may be, shall remit under sub-clause (4) of clause 89;(zd) the hierarchy of the offices of the authorised department and the powers and functions to be exercised by such offices under sub-clause (3) of clause 91; (ze) the authority and obligation to administer the welfare fund constituted for the purposes of chapter xvii under item (c) of sub-clause (3) of clause 91; (zf) such other details to be submitted by the owner or operator of non-mechanically propelled inland vessel at the office of the authorised department and the form and manner of making such submission, under sub-clause (1) of clause 92; (zg) the form and manner of central data base to record the details of non-mechanically propelled inland vessels under subclause (6) of clause 92; (zh) the form and manner of issuance of certificate of enrolment and such other document containing details of the owner, to be specified in the said certificate under sub-clause (2) of clause 93; (zi) the form and manner of exhibiting a number issued to a non-mechanically propelled inland vessel under sub-clause (4) of clause 93; (zj) the basic minimum standards that may be reasonably observed during the construction of any non-mechanically propelled inland vessel under sub-clause (1) of clause 94; (zk) the manner of complying with the standards of construction specified by the state government, by any class or category of non-mechanically propelled inland vessel under sub-clause (2) of clause 94; (zl) the measures to regulate the non-mechanically propelled inland vessel under clause 95; (zm) the measures to be taken by the advisory committee or officers authorised in this behalf to minimise or counter emergency under sub-clause (1) of clause 99; (zn) for the purposes of implementation and administration of chapter xvii of the proposed legislation, pertaining to non-mechanically propelled inland vessels; and (zo) any other matter which is required to be, or may be, prescribed under the provisions of the proposed legislation 4 sub-clause (1) of clause 113 provides that every rule made under the proposed legislation is required to be laid before each house of parliament and sub-clause (2) of the said clause provides that every rule made by the state government is required to be laid before the state legislature5 the matters in respect of which rules may be made are matters of procedure or administrative detail and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto promote economical and safe transportation and trade through inland waters, to bringuniformity in application of law relating to inland waterways and navigation within the country, to provide for safety of navigation, protection of life and cargo, and prevention of pollution that may be caused by the use or navigation of inland vessels, to ensure transparency and accountability of administration of inland water transportation, to strengthen procedures governing the inland vessels, their construction, survey, registration, manning, navigation and such other matters connected therewith or incidental thereto________

Parliament_bills

d746b761-be32-5e16-a110-c334ea50fd09

| the banking service | comhissio: | (repeal) | bill, ||-----------------------|---------------|--------------|-----------|| rto | | | || be/as | introduced | in | lok sabha || 7 | | | || 1 - | page | | || 5, | | | || line | | | || 5,- | | | || i2! | | | || "sub-section" | re,ad | "sub-clause" | || new delhi; | | | || november | | | || 15, | 1977 | | || kartika | | | || 24,1899 | | | || (saka) | | | |\ bill no 1ft of 1811 ,i('; i "", 9i11 the ~anking service commission (bepeal) bill, ~a77 - bijjl 1: to repeal the banking' service commibrion act, wts:· bs it en-eted bypariiunant in ,the 'fw~ntb~th :v ,0lthe republic of india as follows:-l (1), 'mus act mqbe ·ealhdtbe bukiqg srief!,~mi8siod short title ~ ailt" 17-7 and com-5 (2) "it shall be deemed to have come into force on the 19th da, of mencement september, 1977 ' deftnitions 2 i in ,tqt; ~ct \lnl~", ~lut cqutex't otherw'iare' ,r~w~,~ ~a) "appoated day" ,means :the ,18th da, ,of8eptamber~ j87f1; (h,) , ''banjd~~ service commi ion" means the bank1ri~ service cq~miqion es~a:bushed under ",ectfon 3 of 1he 1)anld~g se~e com-10 42 of 1975 ~ias1oil act, ijf,(s' ,iii, " , , 3 on the appointed day, the banking service commission act, 1975, smu s~ :rep1raled and the b~ servicec~n saalj ,st-nd dil8qlved repeal of a4:t 42 of 19'115 ,ltpa 1be d!uolu tion of the banking service commil dcm , on the dissolution of the banking service comntission,"":' cod!ecluen~ tla1 provilions (4) (i) the person appointed as the chairman of the bankirig service commission; and (ii) every other person appointed by the banking service commission and holding office as such immediately before thie appointed day shall vacate their respective offices and no such chairman or other person shall be entitled to claim any compensation for the premature termination of the term of his oftice or of any contract of service; (b) any proceeding of whatever nature pending before the 10 banking service commission immediately before the appointed day shall stand terminated; (c) the balance of all monies (including any fee) received by, or advanced to, the banking service commission and not spent by it befoll"e the appointed day qh:all, on the appointed day, stand trans- is ferred to, and shall vest in, the central government and shall be utilised for rthe purposes of clauses ~e) and (/); (d), all property of whatever kind owned by, or vested in, the banking service commission immediately before the appointed day, shall, on the appointed day, stand transferred to, and shall vest in, 20 the central government; (e) all liabilities and obligations of wha1iever kind incurred by the ~g service commission and subsisting immediately before ·the appdinted day shall, on and from the appoin:ted day, 00 deemed to be thie liabilities or obligations, as the case may be, of the central 25 government; and any proceeding or cause of action, pending or existing immediately before the appointed day by or aaainst the banking service commission in relation to such liability or dbligation may, : as from thlal aj)pohltad day, be continued or enforced by or against the central government 30 el1'planation~for the purposes of this cla\ule, "uability" does :iwt include any liability for any money advanced 10 the banking·service commission under sub-section (,3) of section 19 of the banking ser vice commission act, 1975; 42 01 1975 (1) all moni~ vested in ~ central, povemment un~ clawje 35 (c) sbtall, after deducting the amount incu,rred for discharging the ua'bilities and obligations under daule (e), be refunded by the central government to each public sector bank as defined in clause (h) of secuqil 2 of t~ banlwig service commission act, 1975, in pro-42 of 1975 portion to the 'amount advanced by such public sectqr bank to the 40 banking servk:e commission under 9ub-section (3) of section 19 of that act - 10 of 19'71 s (1) 'the baj1kihg service comntission (repeat, ordinance, 1977 is hereby repealed , (2) notwithstanding such repeal, anything dane or any action taken 4' udder the ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this act statement of objects and reasons(the banldn:g srvice coliliilibsion act, 1975, was enacted with a view to providing for the establishment of a commission for the selection of personnel far appointment to services and posts in public sector banks although the banking service commission was establisbed late in february, 1977, it had not started actual recruitment of personnel for public sectof' banks the need· for such a commission was reviewed and it was felt that a centralised system of recruitment in banks, as envisa~ by that act, was likely to interfere with the autonomy and flexibility in the functioning of the public sector banks and that having regard to the large number of persons to be recruited each year, such a system, even with regional offices, was likely to make the recruitment process unwieldy and' cumbersome the object of attaining uniformity, 1mpar~ tiality and objectivity in selection procedures continues to be important, and it was felt that this could be better achieved if suitable guidtelines were issued by the central government to the banks and a machinery established which will funotion in a d~entralised manner and which wliu also be run by the bankst themselves ~t was, therefore, decided to repeal the banking service commission act, 1975, and to dissolve the banking service commisbion, with suitable saving provisions the banking service commisfion (repeal) ordinance, urn, was accordingly promulgated ·on the 19th september, 1977 the bill seeks to replace the ordinance new delhi; h mpatel the 5th november, 1977 8u1:rcla\lle~ (c) and, td) of clause 4 of the bill p!l'cwide that ~the balance of all monies received by, or advanced to ,the banking service camminionand not spent by it as well as all property of wbatever kbld olll,uld by, or veated in, the -commission ,shall 8t~ transfel'qed to, add shall \llest in, the central govemment the total amount of thebalanoe money so tranfierred to the c-entral government is ri 1,55,39086 2 under sub,clause (e) of clause 4 of the bui all liabilities and obliga~i~ of whatever kind inc:urred by the banking service comrnl,," siop and subsisting shall be deemed to be the liabilities or obligations of the central government the knownliabi1iti~ and obligat~onb assumed by the central :government under this sub-cla~e work up to ri 30,000/- 8 under sub-clause (f) of clause 4 of the bill, all monies vested in thecentt'al government under sub-clause (c) at that clause shall, after deducting the amount incu':red for discharging the uabuities and obligations under sub-clause (e) of that clause, be refunded by the 'central govel'llment to each public sector bank ,in proportion to >the &moddtadvaneed by such public sector bank to the banking se!'vice ~ommission under sub-section (3) of sectlon 19 ,of the banldng service 'commission act, 1975 the total amount 80 required to be refunded 110 public sector banks is likely to be rs 7,35,39066 4 the bill if enacted and brought into operation is not likely to involve any recurring or non-recurring expenditure from the consolidated fund of india ' memorandum regtlrding modification contained in the bill to replace the banking service commission (repeal) ordinance, 1977 the bill closely follows the ordinance with a slight modification explained below 2 in sub- ~~~) of clause 4 of the bill, the words, brackets and letters oland shall be utilised for the purposes of clauses (e) and (f)" have been inserted at the end this modification is of a clariflcatory nature i - -', >", !' '·1 ~: "/' ,~ i ,'-i a bill to repeal the banking service commission act, 1975 - (shri h m patel, minister of finance and revenue and banking)

Parliament_bills

35b0251a-bcbe-5dd5-813f-d3978bb6bbd6

the schedule[see sections 2 (d), (1) & 8 (4), 41) & 6] | department of revenue-—income-tas customs and central excise, 2 department of sale tax ro) - municipal corporation 4 departments dealing with public utility services like water, electricity, civil supplies, etc oy - department dealing with housing a - police corrigendum to the government servants (declaration of assets and investigation) bill, 2004 by shri bachi singh rawat, mp(bill no 12 of 2004) to be/as introduced in lok sabha] 4, inthe schedule, line 2,- for "[see sections 2(d), 5(i) & 83(4), 4(1) & 6]" read "see sections 2(d), 5(i) & 8)" new delhi; 6 july 2004 15 asadha 1926 (saka) statement of objects and reasonsthere has been a large scale corruption in certain departments of the government dealing with income-tax, customs and central excise housing, water electricity, law and order as is evident trom public outery and reports in newspapers and electronic media there are allegations that persons working in these departments despite having very meagre salary live ina very lavish style with all modern facilities so far, there has been no initiative by the government to look into the life style of these persons and take action against them it is a common fact that an ordinary man has to run from pillar to post to get his work done if he does not bribe the concerned persons everyday there are reports in'the newspapers and electronic media about the deep rooted and wide spread corruption in these departments this is also highlighted by articles and letters published in newspapers it is high time that the government took initiative to look into the high level of corruption in these departments before the situation becomes explosive the bill seeks to achieve this purpose by providing a deterrent to the effect that assets of government employees shall be subject to continuous scrutiny new dew bachi singh rawat june 21,2004 financial memorandumclause 3 of the bill provides for the establishment of an authority to be known as the government servants assets investigation authority by the central government the bill, if enacted, will involve expenditure from the consolidated fund of india it is likely to involve a recurring expenditure of about rupees one crore per annum a non-recurring expenditure of about rupees five crore is also likely to be incurred memorandum regarding delegated legislation' clause 9 of the bill empowers the central government to make rules for carrying out _ the purposes of the bill as the rules will relate to matters of detail only, the delegation of _ legislative power is of a normal character

Parliament_bills

3d1364e6-8884-51ad-b8c4-7e4162e81e8d

annexure extracts from the constitution of indiaprovision for free and compulsory 45 the state shall endeavour to provide, within a period of ten years from the - education for commencement of this constitution, for free and compulsory education for all children children until they complete the age of fourteen years

Parliament_bills

bc24d5ab-9356-5455-b9db-341284ca092a

bill no 335 of 2015 the sugar cess (amendment) bill, 2015 a billfurther to amend the sugar cess act, 1982be it enacted by parliament in the sixty-sixth year of the republic of india as follows:—1 (1) this act may be called the sugar cess (amendment) act, 2015short title and commencement(2) it shall come into force on such date as the central government may, by notification2 in the sugar cess act, 1982, in section 3, in sub-section (1), for the words"twenty-five rupees", the words "two hundred rupees" shall be substitutedamendment of section 3 of act 3 of 1982 statement of objects and reasonsthe sugar cess act, 1982 enables the central government to levy and collect cess as a duty of excise for the purposes of the sugar development fund the cess is levied and collected in addition to the excise duty collected on sugar under the central excise act, 1944 the rate of cess is notified in the official gazette and is subject to the ceiling specified in subsection (1) of section 3 of the sugar cess act presently, the ceiling specified is rupees twenty-five per quintal of sugar and the cess is levied and collected at the rate of rupees twenty-four per quintal the proceeds of sugar cess levied and collected under the sugar cess act, is credited to the consolidated fund of india and thereafter through a budgetary process of re-appropriation, transferred to the sugar development fund (sdf)2 the committed expenditure on account of various interventions undertaken to facilitate liquidation of arrears of cane dues, such as interest subvention based soft loans, export incentives and production assistance, leads to the need for enhancement of the accruals into the sugar development fund from cess an enhancement in rate of cess has, therefore, been necessitated to meet the increasing liabilities and finance interventions to ensure timely payments of cane dues to farmers accordingly, the present ceiling of cess is proposed to be enhanced from rupees twenty-five to rupees two hundred per quintal of sugar3 the bill seeks to achieve the above objectsnew delhi;ram vilas paswanthe 7th december, 2015———— president's recommendation under article 117 and 274(1) of the constitution of india————[copy of letter dl no 1-37/2003-sdf/1531 dated 7th december, 2015 from shri ram vilas paswan, minister of consumer affairs, food and public distribution to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed sugar cess (amendment) bill, 2015, recommends the introduction and consideration of the bill in the house under articles 117(1) and (3) and 274(1) of the constitution financial memorandumclause 2 of the bill seeks to amend section 3 of the sugar cess act, 1982 for increasing the ceiling of cess from rupees twenty-five to rupees two hundred per quintal of sugar as the bill proposes to increase the ceiling at which cess is to be levied, it involves financial implications from the consolidated fund of india this bill does not involve any other expenditure whether of a recurring or non-recurring nature annexure extract from the sugar cess act, 1982 (3 of 1982)| | | | ||--------------------------------------------------------------------------------------------------|------|------|--------------------------------------------------------------------------------|| imposition of | | | || cess | | | || 4 of 1982 | | | || 3 | ( | 1 | ) there shall be levied and collected as a cess, for the purposes of the sugar || development fund act, 1982, a duty of excise on all sugar produced by any sugar factory in | | | || india, at such rate not exceeding fifteen rupees per quintal of sugar, as the central government | | | || may, by notification in the official gazette, specify from time to time: | | | |provided that until such rate is specified by the central government, the duty of excise shall be levied and collected at the rate of fourteen rupees per quintal of sugar| | | | | ||------|------|------|------|-----| lok sabha———— a billfurther to amend the sugar cess act, 1982————(shri ram vilas paswan, minister of consumer affairs, food and public distribution)gmgipmrnd—3494ls(s3)—09-12-2015

Parliament_bills

bc608a9a-dbf1-58de-9747-1207c1b6ec06

the appropriation (railways) bill, 1961(as introduced in lox sabra on 9th march, 1961) - the appropriation (railways) bill, 1961 (as introduced in lok sabra)a bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the service of the financial year 1960-61 for the purpose of railways be it enacted by parliament in the twelfth year of the republic of india as follows:-1 this act may be called the appropriation (railways) act, 1981 short dtle z from and out of the consolidated fund of india there may be ii8uc of rl 5 paid and applied sums not exceeding those specified in column 3 of ~!f!rij:~oo the schedule amounting in the aggregate to the sum of fifty-one conlolidacrores, ninety-eight lakhs and seventeen thousand rupees towards ~ of defraying the several charges which will come in course of payment the flnancial durlvg the financial year 1960-61, in respect of the services relating year 1960-61 10 to railways specifte~ in column 2 of the schedule s the sums authorised to be paid and applied from and out of appropriathe consolidated fund of india by this act shall be appropriated for tioa the services and purposes expressed in the schedule in' relatioa til the said year no sums dot aceedida of vote servic:es and purpcllel voted by charpcl on parliament the codiojida-"'~ total - ti ri - s miac:eumeoua :&pencutare 3311,000 ~ooo 3co,ooo 6 workina staff - expeaaa--opendq is-ooo 6ace 7 •• ~ 4026041,000 4a6~ is ',000 ii w~~od '9~'aoo i adier- dlaiis-rd ";6'8poo 99~,ooo 13 o~ line works (revenue)-<t6;e5000 bour welfare - 46os,ooo is construction of new linea 3'4000 314000 20 16 oped line w~addidolll 33,0018,000 330g0,iii,cioo 17 ~ mdc worb-~ mea~ 909,24,000 909,24900 18 open ijne worb-develop-~tpuad - jo'i2~ 4lo,~2,ooq 2s ! total 51,7$06,000 ~j,tl,tjoo si_ii,ocio statement of objects and reasonsthe bill is introduced in pursuance of article 114(1) ot the constitution of india read with article 113 thereof, to provide for the appropriation out of the consolidated fund of india of the moneys required to meet the supplementary expenditulre charged on the consolidated fund of india and the grants made by the lok sabha for expenditure of the central government on railways for the financial year 1980-61 nzw di:lhj:; jagjivan ram the 8th match 1961 a bill to authorise payment and appropriation of certain further sums from and out of the consolidated fund of india for the service of the financial year 1960-61 for the purposes of railways the president has, in pursuance of clauses (1) and (3) of article 117 of the constitution of india, read with clause (2) of article lis thereof, recommended to lok sabha the introduction and consideration of the bill « m n kaul, secretar:y - (shri jtlfiirxm rmn, minisur of railfijayi)

Parliament_bills

2a18ad4e-3e01-5168-861e-abe12d1c5393

bill no 61 of 2016 the life insurance agents welfare bill, 2016 bydr a sampath, mp a billto provide for the constitution of a life insurance agents fund for the welfare of life insurance agents and for matter 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 the life insurance agents welfare act, 2016(2) it extends to the whole of indiashort title, extent anddefinitions2 in this act, unless the context otherwise requires,—(a) "establishment" means a company or corporation engaged in life insurance; (b) "fund" means the life insurance agents welfare fund constituted under section 3;5(c) "prescribed" means prescribed by rules made under this act; and4 of 1938 10(d) the expression "life insurance agent" shall have the same meaning as is assigned to "insurance agent" under the insurance act, 1938 and includes advisor, sales promoter, sales executive, intermediaries either employed or engaged in any establishment for hire or reward to do any work relating to promotion of sale or business of life insurance, or both, but does not include any such person engaged in a supervisory capacity 3 (1) the central government shall, by notification in the official gazette, constitute a fund to be known as the life insurance agents welfare fund for the welfare of the life insurance agentsconstitution of life insurance agents welfare fund15(2) the fund shall consist of contributions from central government, the life insurance corporation or companies engaged in life insurance and the insurance agents in such ratio as may be prescribed(3) the fund shall be administered by a board consisting of—(a) the union minister of finance—chairperson, ex-officio;20(b) two persons representing the insurance—member; regulatory and development authority(c) one representative from—member; and life insurance corporation of india(d) two persons representing the life insurance agents—member25to be nominated by the central government 4 the fund shall be utilized for—utilization of fund(i) payment of compensation to the next of kin of a life insurance agent in case of death;30(ii) payment of old age pension to a life insurance agent after he has attained the age of sixty years and undertaken minimum ten years of continuous work as an agent;(iii) payment of family pension to the dependents of the deceased life insurance agent;35(iv) payment of premium for the medical insurance of the insurance agents;and(v) such other purposes as the board may deem necessary for the welfare of life insurance agentslicence to life insurance agents5 it shall be the responsibility of the life insurance corporation or an establishment, as the case may be, to issue a licence to every life insurance agent working as an agent under it in such form as may be prescribed406 it shall be the responsibility of the life insurance corporation or an establishment, as the case may be, to create and maintain an online portal of the life insurance agents containing such particulars as may be prescribedonline portal of the life insurance agentsapplication of certain acts to life insurance agents8 of 1923 14 of 1947 11 of 1948 53 of 1961 21 of 1965 and 39 of 197257 the provisions of the workmen's compensation act, 1923, the industrial disputes act, 1947, the minimum wages act, 1948, the maternity benefit act, 1961, the payment of bonus act, 1965 and the payment of gratuity act, 1972, as in force for the time being, shall apply to, or in relation to, life insurance agents as they apply to workmen or employees, as the case may be, within the meaning of those actoffences by life insurance companies or corporation108 where an offence under this act has been committed by an insurance company or corporation 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/corporation, such director, manager, secretary or other officer shall also be deemed to be guilty of such 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 section, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence15cognizance of offence9 (1) no court inferior to that of a metropolitan magistrate or a magistrate of first class shall try any offence punishable under this act(2) no courts shall take cognizance of an offence under this act, except upon a complaint in writing is made within six months of the date on which the offence is alleged to have been committed2010 (1) the provisions of this act 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:effect of laws and agreements inconsistent with this act25provided that where under any such law, award, agreement, settlement, or contract orservice, a life insurance agent 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, the life insurance agent 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 life insurance agent 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 act35power to make rules11 (1) the central government may make rules for carrying out the purposes of this act40(2) every rule made under this section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsin insurance laws (amendment) act, 2015 has made fundamental changes in the functioning of the insurance companies the life insurance agents play a major role in procuring business and in the growth of the insurance sector more than two million people are engaged as life insurance agents in the industry majority of them have opted this profession as full time job the work requires a lot of time, energy and dedication the competition amongst insurance companies for business has tremendously increased after the opening up of this sector to private players both at national and international levelstheir contribution to insurance sector is immense in creating assets and increasing profit of the companies, at the same time providing benefits of insurance to the general public in the absence of any welfare scheme by the government for social security, these agents live in pathetic conditions a portion of profit earned by the insurance companies through hard work of such agents needs to be devoted for the welfare of insurance agents and their life has to be secured it is the responsibility of the government in a welfare state to provide proper medical care, old age pension, family pension, etc, to every citizen of the countryinsurance agents in general and life insurance corporation of india (lic) agents in particular are a self-employed group and earn their livelihood through the commission paid by lic they are responsible for the growth of lic from inception till today and there is no doubt that lic has been playing a pivotal role in the indian economy there are at present 11,63,604 lic agents all over india and the government is relieved of the burden of providing employment for them however, the amendment to agent's regulations, 1972 of lic has resulted in termination of 21,11,265 agents over the last six years and the number will increase if this method continues the move of lic to do away with the agents will certainly affect the business of lic lic agents are a specialized group who are trained in canvassing insurance business and they may not be fit for any other job moreover, the government will not be in a position to give them alternate jobs once they are terminated from liceven today, 9622% of the business of lic is brought by agents the rest of the 378%of the insurance business is brought by nine public sector banks, four private sector banks, ten regional rural banks, thirty-three co-operative banks, one foreign bank, one hundred and eight corporate agents and two hundred and forty eight brokers the present market share of lic is 844% for which the agents are mainly responsible the agents are a good source of publicity as by the time one policy is finalized, an agent would have met at least ten persons and discussed with them this way, the agents carry messages of insurance to every person in the country the expenditure on publicity is in no way comparable if lic takes up alternative source for publicityin fact, there are only 1,44,854 agents with five year's service who earn more than rupees two lakhs per year those with ten year's service who earn between rupees one lakh to two lakhs per year comes to 2,46,740 and those who earn less than rupees one lakh per year comes to 6,27,783from a capital of rupees five crores in 1956, lic has grown to be a corporation of rupees one hundred crore the assets have grown to rupees 20,31,11608 crore and life fund to rupees 18,24,19495 crore in 2015 thus, lic is the premier global insurance company the agents are mainly responsible for this enviable achievement of lic over the years this agency system has been taken as a global model other companies have taken up this system all over the worldtherefore, a suitable legislation is urgently required to provide for general welfare of persons working as agents in the insurance sector particularly in lichence this billnew delhi;a sampathfebruary 11, 2016 financial memorandumclause 3 of the bill provides for constitution of a life insurance agents welfare fund and a board to administer the fund clause 7 provides that workmen's compensation act, 1923, the industrial disputes act, 1947, the minimum wages act, 1948, the maternity benefit act, 1961, the payment of bonus act, 1965 and the payment of gratuity act, 1972, shall apply to life insurance agents as such, the benefits available under this acts would be available to life insurance agents the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees one hundred crore per annum will be involved 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 11of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the constitution of a life insurance agents fund for the welfare of life insurance agents and for matter connected therewith————(dr a sampath, mp)gmgipmrnd—4325ls(s3)—03-03-2016

Parliament_bills

5f1abd4e-a0db-5a72-88c6-09e96ade4b1f

bill no 64 of 2012 the national highways (amendment) bill, 2012 by dr mahendrasinh p chauhan, mp a billfurther to amend the national highways act, 1956be it enacted by parliament in the sixty-third year of the republic of india as follows:—short title1 this act may be called the national highways ( amendment) act, 201248 of 19562 for section 5 of the national highways act, 1956, the following section shall be substituted, namely:—substitution of new section for section 55"5 (1) save as otherwise provided in this act, it shall be the responsibility ofthe state government—(i) to develop, maintain and repair from time to time the portion of the nationalhighways situated in that state subject to such conditions, if any, as the central government may, by notification in the official gazette, specify;10responsibility for development, maintenance and repairing of national highways and provision of certain facilities, etc(ii) to provide and maintain public utility services such as drinking waterfacilities, toilets, urinals equipped with flush system and public telephone booths on national highways at such places within the state, as it may deem appropriate;(iii) to provide ambulance services on national highways at such strategic locations within the state, as it may deem appropriate, for the purpose of facilitating immediate medical assistance to the victims of road accidents; and(iv) to provide tow away services to any destination for accidental or breakdown vehicles on national highways situated within the state5(2) the central government shall, after due appropriation made by parliament in this behalf by law, provide requisite funds to the state governments for the purposes of this section statement of objects and reasonsthe national highways and roads are not only essential for commuting from one place to another but in fact they are the lifelines of our economy most of essential commodities and industrial products are transported from one place to another through road transport thus roads and road transport system is an important cog in the wheel of our economy but unfortunately the national highways and other such roads are in a pitiable condition potholes are visible everywhere which damage vehicles plying on them driving vehicles on such damaged roads lead to more consumption and wastage of fuel, which is already a scarce commodity, not only in our country but throughout the world thus, it is necessary to maintain and repair the highways and roads periodically to keep them in good conditionit has also been observed that victims of road accidents, particularly on national highways, do not get timely medical assistance if adequate ambulance service is provided on highways, victims can be shifted to the nearest medical centre or hospital in time and hence precious lives can be saved similarly, vehicles breaking down on roads cause traffic disruptions if they are not removed on time in order to tow away such vehicles, crane service is necessary further, the public utility services like toilets, telephone booths, atm, etc have also become a necessity to be provided on roads and highwaysthe national highways act, 1956 was enacted with a view to provide for the declaration of certain highways to be national highways and for matters connected therewith however, there is no mention of certain facilities like drinking water, toilets, urinals, public telephone booths to be provided by the government on national highways in this act moreover, the state government concerned should also play a role of partner in development, maintenance and repairing of national highways therefore, the bill seeks to amend the national highways act, 1956 with a view to achieve aforesaid objectiveshence this billnew delhi;mahendrasinh p chauhanapril 13, 2012 financial memorandumclause 2 of the bill provides for providing of certain facilities like drinking water, toilets, urinals, public telephone booths on national highways including development, maintenance and repairing of national highways it also provides that the central government shall provide requisite funds to the state governments for the purpose of providing aforesaid facilities on national highways the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees one thousand crore is likely to involve as recurring expenditure per annuma sum of rupees ten crore is also likely to be involved as non-recurring expenditure annexure extract from the national highways act, 1956 (act no 48 of 1956)| ||----------------|| responsibility || for || development || and || maintenance || of national || highways |5 it shall be the responsibility of the central government to develop and maintain in proper repair all national highways, but the central government may, by notification in the official gazette, direct that any function in relation to the development or maintenance of any national highway shall, subject to such conditions, if any, as may be specified in the notification, also be exercisable by the government of the state within which the national highway is situated or by any officer or authority subordinate to the central government or to the state government| | | | | | | ||------|------|------|------|------|------|-----|———— a billfurther to amend the national highways act, 1956————(dr mahendrasinh p chauhan, mp)gmgipmrnd—1577ls(s3)—16-07-2012

Parliament_bills

fba81365-5ef0-5e10-994d-7b68a59de0a1

bill no 37 of 2016 the missing children (faster tracking and reuniting) bill, 2016 bydr manoj rajoria, mpa billto provide for faster tracking and reuniting the children, who go missing due to abduction, kidnapping, luring or runaway from their homes, with their parent;establishment of special cells in police establishments with specifically trained personnel to trace missing children; immediate registration of fir for flashing photograph and details of missing children in television,newspapers and social media so as to put in place proper mechanism to trace missing children and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the missing children (faster tracking and reuniting)act, 2016short title, extent and commencement(2) it extends to the whole of indiadefinitions2 in this act unless the context otherwise requires,—(a) "appropriate government" means, in the case of a state, the government of that state and in all other cases, the central government;(b) "child" means any human being who is below the age of eighteen years; and (c) "prescribed" means prescribed by rules made under53 (1) notwithstanding anything contained in any other law for the time being in force, the appropriate government shall constitute special cell in the ministry or department, as the case may be, dealing with children to exclusively deal with missing children and put in place a proper mechanism to trace missing childrenappropriate government to constitute special cells for missing children10(2) the appropriate government shall also set up special cells, as per the need, in its police establishment with specifically trained personnel from the national police academy or any such other organization specialized in imparting training to personnel of police or para military forces, as the case may be, for tracking the missing children4 (1) notwithstanding anything contained in any other law for the time being in force,—15special provisions for missing children(a) it shall be mandatory for station house officer of every police station to register first information report (fir) immediately, on being informed, either in writing or verbally by anyone, regarding a missing child and the fir shall be specific with missing and abducted or kidnapped child and shall pass on the fir to special cells constituted under section 3 in such manner as may be prescribed20(b) the special cell of police, shall, at the earliest opportunity flash the photograph and other details of the missing child in all the television networks and shall also publish in the newspapers and social media in such manner and with such details, as may be prescribed;25(c) the special cell of police shall start its probe with immediate effect to trace the missing child so as to reunite him with his near and dear ones; and(d) non-registration or any wilful delay in registration of fir regarding a missing child shall be a criminal offence under this act and the in-charge of the police station shall be deemed to have committed the offence30(2) the national police academy or any other organization referred to in sub-section(2) of section 3 shall formulate training module for the police personnel meant for special cells and if required the assistance of academic centres of universities or institutes shall be taken for the purpose of tracking of missing children35(3) the special cell while adopting its methodology of investigation in cases ofmissing children may also identify begging spots, take mobile phone members of beggars and put them on surveillance particularly in areas where large number of children have gone missing, identify the children who are begging and investigate as to whether they are controlled by any group or leader and whether they resemble missing children, probe the known clinics where human organs are transplanted, in such manner as may be prescribed40(4) the missing children rescued by the special cell of the police shall be reunitedwith thier parents or guardians, as the case may be, at the earliest opportunitypower tosearch etc5 any police officer of the special cell who is investigating case or cases of missingchildren shall have the powers, with the assistance, if any, as he may deem fit, to inspect any place, at any reasonable time, which he considers necessary for carrying out the purposes of this act45penalty6 the offence committed under clause (d) of sub-section (1) of this act shall bepunishable with imprisonment for a term which may extend upto one year and also with fine which may extend upto one lakh rupeeswelfare measures7 the approriate government shall formulate rehabilitation and such other welfare measures for the children covered under this act who could not be reunited with their families or guardians5 8 the central government shall after due appropriation made by parliament by law in this behalf, provide adequate funds, from time to time, for carrying out the purposes of this actcentral government to provide funds act to have overriding effect9 the provisions of this act and rules made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force1010 the provisions of this act shall be in addition to and not in derogation of anyother law for the time being applicable to the subject matter of this actact not in derogation of any other law power to make rules11 (1) the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act1520(2) every rule made under this act shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsit is very unfortunate and sorry state of affairs that a very large number of children go missing every day in every nook and corner of the country and it is more horrifying that the national capital tops the list where 20 children go missing every day and most of them remain untraceable forcing their parents for endless wait for their return and reunion with them it is more shocking that most of these missing children belong to poor families and when their parents go to police station to lodge an fir they are welcomed by indifferent and heartless police personnel who not only refuse to lodge fir but also insult the hapless parents and shoot them away instead of making efforts to trace the missing child this negligent nonchalance is one major reason for the increasing number of missing children across the country in fact, in the present police scheme of things, resuce of the missing child is of lesser momentthe very large number of missing children also indicate presence of trafficking mafias in the country who lure and abduct, the children and force them into begging, stealing, pick-pocketing and other crimes after making them drug addicts the girl child is pushed into prostitution it is also apprehended that the missing children might being used in illegal organ transplantationsthe supreme court of india has taken a serious view over the missing children and has also given directive to the government though of late delhi police have made move in this regard and ministry of woman and child development has launched a webportal but it is not sufficient the bill propose to set up special cells in the ministry or department of the government and in the police establishment exclusively to deal with missing children the police personnel must get appropriate training for this purpose non filing of fir is proposed to be made a criminal offence with penal provision the task of rescue is very critical for the missing children so that they are reunited with their near and dear oneshence this billnew delhi;manoj rajoriafebruary 11, 2016 financial memorandumclause 3 of the bill provides for establishment of special cells by appropriate governments for missing children clause 7 of the bill provides for the welfare measures for the children covered under this bill clause 8 makes it mandatory for the central government to provide funds 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 one thousand crore may involve as recurring expenditure per annum from the consolidated fund of indiaa non-recurring expenditure of about rupee five thousand crore is also likely to be involved memorandum regarding delegated legislationclause 11 of the bill empowers the central government to make rules for carrying out the purposes of this bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for faster tracking and reuniting the children, who go missing due to abduction, kidnapping, luring or runaway from their homes, with their parent;establishment of special cells in police establishments with specifically trained personnel to trace missing children; immediate registration of fir for flashing photograph and details of missing children in television,newspapers and social media so as to put in place proper mechanism to trace missing children and for matters connected therewith or incidental thereto————(dr manoj rajoria, mp)gmgipmrnd—4260ls(s-3)—29022016

Parliament_bills

e7cc4c7f-b937-5b2f-aa22-b732102b3fc2

bill no 169 of 2019 the transgender persons (protection of rights) bill, 2019 a billto provide for protection of rights of transgender persons and their welfare and for matters connected therewith and incidental theretobe it enacted by parliament in the seventieth year of the republic of india as follows:— chapter i preliminary1 (1) this act may be called the transgender persons (protection of rights)act, 20195short title, extent and commencement(2) it extends to the whole of india2 in this act, unless the context otherwise requires,—definitions(a) "appropriate government" means,—(i) in relation to the central government or any establishment, wholly or substantially financed by that government, the central government;5(ii) in relation to a state government or any establishment, wholly or substantially financed by that government, or any local authority, the state government; (b) "establishment" means—1018 of 2013(i) any body or authority established by or under a central act or a state act or an authority or a body owned or controlled or aided by the government or a local authority, or a government company as defined in section 2 of the companies act, 2013, and includes a department of the government; or(ii) any company or body corporate or association or body of individuals, firm, cooperative or other society, association, trust, agency, institution;15(c) "family" means a group of people related by blood or marriage or by adoption made in accordance with law;(d) "inclusive education" means a system of education wherein transgender students learn together with other students without fear of discrimination, neglect, harassment or intimidation and the system of teaching and learning is suitably adapted to meet the learning needs of such students;20(e) "institution" means an institution, whether public or private, for the reception, care, protection, education, training or any other service of transgender persons;25(f) "local authority" means the municipal corporation or municipality or panchayat or any other local body constituted under any law for the time being in force for providing municipal services or basic services, as the case may be, in respect of areas under its jurisdiction;(g) "national council" means the national council for transgender persons established under section 16;(h) "notification" means a notification published in the official gazette;30(i) "person with intersex variations" means a person who at birth shows variation in his or her primary sexual characteristics, external genitalia, chromosomes or hormones from normative standard of male or female body;(j) "prescribed" means prescribed by rules made by the appropriate government under this act; and35(k) "transgender person" means a person whose gender does not match with the gender assigned to that person at birth and includes trans-man or trans-woman (whether or not such person has undergone sex reassignment surgery or hormone therapy or laser therapy or such other therapy), person with intersex variations, genderqueer and person having such socio-cultural identities as kinner, hijra, aravani and jogta40 chapter ii prohibition against discrimination3 no person or establishment shall discriminate against a transgender person on any of the following grounds, namely:—prohibition against discrimination(a) the denial, or discontinuation of, or unfair treatment in, educational establishments and services thereof;(b) the unfair treatment in, or in relation to, employment or occupation; (c) the denial of, or termination from, employment or occupation;5(d) the denial or discontinuation of, or unfair treatment in, healthcareservices;(e) the denial or discontinuation of, or unfair treatment with regard to, access to, or provision or enjoyment or use of any goods, accommodation, service, facility, benefit, privilege or opportunity dedicated to the use of the general public or customarily available to the public;10(f) the denial or discontinuation of, or unfair treatment with regard to the right of movement;(g) the denial or discontinuation of, or unfair treatment with regard to the right toreside, purchase, rent, or otherwise occupy any property;15(h) the denial or discontinuation of, or unfair treatment in, the opportunity tostand for or hold public or private office; and(i) the denial of access to, removal from, or unfair treatment in, government or private establishment in whose care or custody a transgender person may be chapter iii20 recognition of identity of transgender persons4 (1) a transgender person shall have a right to be recognised as such, in accordance with the provisions of this actrecognition of identity of transgender person25(2) a person recognised as transgender under sub-section (1) shall have a right to self-perceived gender identityapplication for certificate of identity5 a transgender person may make an application to the district magistrate for issuing a certificate of identity as a transgender person, in such form and manner, and accompanied with such documents, as may be prescribed:provided that in the case of a minor child, such application shall be made by a parent or guardian of such child30issue of certificate of identity6 (1) the district magistrate shall issue to the applicant under section 5, a certificate of identity as transgender person after following such procedure and in such form and manner, within such time, as may be prescribed indicating the gender of such person as transgender35(2) the gender of transgender person shall be recorded in all official documents in accordance with certificate issued under sub-section (1)(3) a certificate issued to a person under sub-section (1) shall confer rights and be a proof of recognition of his identity as a transgender personchange in gender57 (1) after the issue of a certificate under sub-section (1) of section 6, if a transgenderperson undergoes surgery to change gender either as a male or female, such person may make an application, along with a certificate issued to that effect by the medical superintendent or chief medical officer of the medical institution in which that person has undergone surgery, to the district magistrate for revised certificate, in such form and manner as may be prescribed(2) the district magistrate shall, on receipt of an application along with the certificate issued by the medical superintendent or chief medical officer, and on being satisfied with the correctness of such certificate, issue a certificate indicating change in gender in such form and manner and within such time, as may be prescribed10(3) the person who has been issued a certificate of identity under section 6 or a revised certificate under sub-section (2) shall be entitled to change the first name in the birth certificate and all other official documents relating to the identity of such person:provided that such change in gender and the issue of revised certificate under sub-section (2) shall not affect the rights and entitlements of such person under this act15 chapter iv welfare measures by government8 (1) the appropriate government shall take steps to secure full and effective participation of transgender persons and their inclusion in societyobligation of appropriate government20(2) the appropriate government shall take such welfare measures as may be prescribedto protect the rights and interests of transgender persons, and facilitate their access to welfare schemes framed by that government(3) the appropriate government shall formulate welfare schemes and programmes which are transgender sensitive, non-stigmatising and non-discriminatory25(4) the appropriate government shall take steps for the rescue, protection andrehabilitation of transgender persons to address the needs of such persons(5) the appropriate government shall take appropriate measures to promote and protect the right of transgender persons to participate in cultural and recreational activities chapter v obligation of establishments and other persons309 no establishment shall discriminate against any transgender person in any matterrelating to employment including, but not limited to, recruitment, promotion and other related issuesnondiscrimination in employmentobligations of establishments10 every establishment shall ensure compliance with the provisions of this act andprovide such facilities to transgender persons as may be prescribed3511 every establishment shall designate a person to be a complaint officer to deal withthe complaints relating to violation of the provisions of this actgrievance redressal mechanism right of residence12 (1) no child shall be separated from parents or immediate family on the ground ofbeing a transgender, except on an order of a competent court, in the interest of such child(2) every transgender person shall have—40(a) a right to reside in the household where parent or immediate family membersreside;(b) a right not to be excluded from such household or any part thereof; and45(c) a right to enjoy and use the facilities of such household in a non-discriminatorymanner(3) where any parent or a member of his immediate family is unable to take care of a transgender, the competent court shall by an order direct such person to be placed in rehabilitation centre chapter vi 5 education, social security and health of transgender persons13 every educational institution funded or recognised by the appropriate government shall provide inclusive education and opportunities for sports, recreation and leisure activities to transgender persons without discrimination on an equal basis with othersobligation of educational institutions to provide inclusive education to transgender persons1014the appropriate government shall formulate welfare schemes and programmes tofacilitate and support livelihood for transgender persons including their vocational training and self-employmentvocational training and selfemploymenthealthcare facilities15 the appropriate government shall take the following measures in relation to transgender persons, namely:—15(a) to set up separate human immunodeficiency virus sero-surveillance centresto conduct sero-surveillance for such persons in accordance with the guidelines issued by the national aids control organisation in this behalf;(b) to provide for medical care facility including sex reassignment surgery andhormonal therapy;(c) before and after sex reassignment surgery and hormonal therapy counselling;20(d) bring out a health manual related to sex reassignment surgery in accordancewith the world profession association for transgender health guidelines;(e) review of medical curriculum and research for doctors to address their specifichealth issues;(f) to facilitate access to transgender persons in hospitals and other healthcareinstitutions and centres;25(g) provision for coverage of medical expenses by a comprehensive insurancescheme for sex reassignment surgery, hormonal therapy, laser therapy or any other health issues of transgender persons chapter vii national council for transgender persons3016 (1) the central government shall by notification constitute a national council for transgender persons to exercise the powers conferred on, and to perform the functions assigned to it, under this actnational council for transgender persons(2) the national council shall consist of—35(a) the union minister in-charge of the ministry of social justice andempowerment, chairperson, ex officio;(b) the minister of state, in-charge of the ministry of social justice andempowerment in the government, vice-chairperson, ex officio;(c) secretary to the government of india in-charge of the ministry of socialjustice and empowerment, member, ex officio;(d) one representative each from the ministries of health and family welfare, home affairs, housing and urban affairs, minority affairs, human resources development, rural development, labour and employment and departments of legal affairs, pensions and pensioners welfare and national institute for transforming india aayog, not below the rank of joint secretaries to the government of india, members, ex officio;5(e) one representative each from the national human rights commission andnational commission for women, not below the rank of joint secretaries to the government of india, members, ex officio;(f) representatives of the state governments and union territories by rotation,one each from the north, south, east, west and north-east regions, to be nominated by the central government, members, ex officio;10(g) five representatives of transgender community, by rotation, from the stategovernments and union territories, one each from the north, south, east, west and north-east regions, to be nominated by the central government, members;15(h) five experts, to represent non-governmental organisations or associations,working for the welfare of transgender persons, to be nominated by the central government, members; and(i) joint secretary to the government of india in the ministry of social justice and empowerment dealing with the welfare of the transgender persons, member secretary, ex officio20(3) a member of national council, other than ex officio member, shall hold office for a term of three years from the date of his nomination17 the national council shall perform the following functions, namely:—functions of council(a) to advise the central government on the formulation of policies, programmes,legislation and projects with respect to transgender persons;25(b) to monitor and evaluate the impact of policies and programmes designed forachieving equality and full participation of transgender persons;(c) to review and coordinate the activities of all the departments of governmentand other governmental and non-governmental organisations which are dealing with matters relating to transgender persons;(d) to redress the grievances of transgender persons; and30(e) to perform such other functions as may be prescribed by the centralgovernment chapter viii offences and penalties18 whoever,—35offences and penalties(a) compels or entices a transgender person to indulge in the act of forced orbonded labour other than any compulsory service for public purposes imposed by government;40(b) denies a transgender person the right of passage to a public place or obstructssuch person from using or having access to a public place to which other members have access to or a right to use;(c) forces or causes a transgender person to leave household, village or otherplace of residence; and45(d) harms or injures or endangers the life, safety, health or well-being, whethermental or physical, of a transgender person or tends to do acts including causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse,shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years and with fine chapter ix miscellaneous5grants by central government19 the central government shall, from time to time, after due appropriation made byparliament by law in this behalf, credit such sums to the national council as may be necessary for carrying out the purposes of this act20 the provisions of this act shall be in addition to, and not in derogation of, anyother law for the time being in force10act not in derogation of any other law protection of action taken in good faith21 no suit, prosecution or other legal proceeding shall lie against the appropriategovernment or any local authority or any officer of the government in respect of anything which is in good faith done or intended to be done in pursuance of the provisions of this act and any rules made thereunder22 (1) the appropriate government may, subject to the condition of previouspublication, by notification, make rules for carrying out the provisions of this act15power of appropriate government to make rules(2) in particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—(a) the form and manner in which an application shall be made under section 5; (b) the procedure, form and manner and the period within which a certificate ofidentity is issued under sub-section (1) of section 6;20(c) the form and manner in which an application shall be made undersub-section (1) of section 7;(d) the form, period and manner for issuing revised certificate undersub-section (2) of section 7;(e) welfare measures to be provided under sub-section (2) of section 8;25(f) facilities to be provided under section 10; (g) other functions of the national council under clause (e) of section 17; and(h) any other matter which is required to be or may be prescribed30 35(3) every rule made by the central government under sub-section (1), shall be laid, assoon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule40(4) every rule made by the state government under sub-section (1), 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 housepower to remove difficulties23 (1) if any difficulty arises in giving effect to the provisions of this act, the central government may, by order published in the official gazette, make such provisions, not inconsistent with the provisions of this act as appear to it to be necessary or expedient for removing the difficulty:40provided that no such order shall be made after the expiry of the period of two yearsfrom the date of commencement of this act(2) every order made under this section shall, as soon as may be after it is made, be laid before each house of parliament statement of objects and reasonstransgender community is one of the most marginalised communities in the country because they do not fit into the general categories of gender of male or female consequently, they face problems ranging from social exclusion to discrimination, lack of education facilities, unemployment, lack of medical facilities and so on2 though article 14 of the constitution guarantees to all persons equality before law, clauses (1) and (2) of article 15 and clause (2) of article 16, inter alia, prohibit in express terms, discrimination on the ground only of sex and sub-clause (a) of clause (1) of article 19 ensures freedom of speech and expression to all citizens, yet the discrimination and atrocities against the transgender persons continue to take place3 the hon'ble supreme court, vide its order dated 15th april, 2014, passed in the case of national legal services authority vs union of india, inter alia, directed the central government and state governments to take various steps for the welfare of transgender community and to treat them as a third gender for the purpose of safeguarding their rights under part iii of the constitution and other laws made by parliament and the state legislature4 the transgender persons (protection of rights) bill, 2019 seeks to—(a) define the expression "transgender person"; (b) prohibit discrimination against transgender persons; (c) confer right upon transgender persons to be recognised as such, and a rightto self-perceived gender identity;(d) make provisions for issue of certificate of identity to transgender persons; (e) provide that no establishment shall discriminate against transgender personsin matters relating to employment, recruitment, promotion and other related issues;(f) provide for grievance redressal mechanism in each establishment; (g) establish a national council for transgender persons; (h) provid epunishment for contraventions of the provisions of the proposedlegislation5 the transgender persons (protection of rights) bill, 2016, for the aforementioned purpose, which was passed by the lok sabha and pending consideration and passing in the rajya sabha, lapsed on dissolution of the sixteenth lok sabha hence, the transgender persons (protection of rights) bill, 20196 the bill seeks to achieve the above objectsnew delhi;thaawarchand gehlotthe 11th july, 2019 ———— president's recommendation under article 117 of the constitution of india [do no 13011/7(4)/2019-dpiii dated 12 july, 2019 from dr thaawarchand gehlot, minister of social justice and empowerment to the secretary general, lok sabha]the president, having been informed of the subject matter of the proposed transgender persons (protection of rights) bill, 2019, recommends to the house the consideration of the bill under article 117(3) of the constitution of india financial memorandumsub-clause 2 of clause 8 of the bill states that the appropriate government shall take such welfare measures as may be necessary to protect the rights and interests of the transgender persons, and facilitate their access to welfare schemes framed by that government2 sub-clause 3 of clause 8 of the bill states that the appropriate government shall formulate welfare schemes and programmes which are transgender sensitive, nonstigmatising and non-discriminatory3 clause 14 of the bill states that the appropriate government shall formulate welfare schemes and programmes to facilitate and support livelihood for transgender persons including their vocational training and self-employment4 clause 15 (1) (g) of the bill contains provision for coverage of medical expenses by a comprehensive insurance scheme for transgender persons5 clause 16 of the bill proposes to constitution of a national council for transgender persons6 clause 19 of the bill provides that the central government shall, from time to time, after due appropriation made by parliament by law in this behalf, credit such sums to the national council as may be necessary for carrying out the purposes of this act7 for the current financial year, an amount of one crore rupees has been allocated as budgetary expenditure for the transgender persons scheme it is not possible at this juncture to estimate the full financial burden likely to be incurred if all the provisions of the proposed legislation, if enacted, were implemented the above expenditure will be met from the budgetary allocation of the plan scheme for transgender persons8 the bill does not involve any other recurring or non-recurring expenditure memorandum regarding delegated legislationclause 22 of the bill empowers the appropriate government to make rules for carrying out the provisions of the bill the matters in respect of which rules may be made are—(a) the form and manner in which an application shall be made under section 5; (b) the procedure, form and manner in which a certificate of identity is issued undersub-section (1) of section 6;(c) the form and manner in which an application shall be made under sub-section (1)of section 7;(d) the form, period and manner for issuing revised certificate under sub-section (2)of section 7;(e) welfare measures to be provided under sub-section (2) of section 8; (f) facilities to be provided under section 10; (g) other functions of the national council under clause (e) of section 17; (h) any other matter which is required to be or may be prescribedit further provides for laying of rules made thereunder before the appropriate legislature2 the matters in respect of which rules may be made under the aforesaid provisions are matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character———— a billto provide for protection of rights of transgender persons and their welfare and for matters connected therewith and incidental thereto————(shri thaawarchand gehlot, minister of social justice and empowerment)mgipmrnd—1516ls(s3)—12072019

Parliament_bills

a3fcc61f-edc7-5b70-a69c-9b5db0810d0b

bill no 122 of 2016 the constitution (amendment) bill, 2016 byshri kunwar pushpendra singh chandel, mpa billfurther to amend the constitution of indiabe it enacted by parliament in the sixty-seventh year of the republic of india as follows:—1 (1) this act may be called the constitution (amendment) act, 2016short title and commencement(2) it shall come into force on such date as the central government may, by notificationin the official gazette, appointamendment of article 3252 in article 325 of the constitution, for the word "sex", the words "sex, poverty" shall be substituted statement of objects and reasonsindia is one of the most successful democracy in the world it adopts dignity and equality of individuals with other values as an idealistic values every citizen has the right to contest elections and exercise right to vote during historical period, certain classes of people were deprived of taking part in power and decisions making society was engulfed with discriminations however, from the very first day of the adoption of the constitution, the aim of political justice has been achieved through provision of right to vote to every citizen of the countryat present, indian social structure has become more complex a new class has come into existence as a result of financial complexities the people belonging to low income groups have high probability of developing inferiority complex there is a need to include the word "poverty" in article 325 so as to avoid discrimination on the ground of poverty including poor people in the general electoral rollhence this billnew delhi;kunwar pushpendra singh chandelapril 12, 2016 annexure extract from the constitution of india 325 there shall be one general electoral roll for every territorial constituency for election to either house of parliament or to the house or either house of the legislature of a state and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of themno person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex lok sabha———— a billfurther to amend the constitution of india————(shri kunwar pushpendra singh chandel, mp)gmgipmrnd—407l(s3)—03052016

Parliament_bills

516d8126-bce5-562e-ab8a-4c01561abab1

bill no 74 of 2014 the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) amendment bill, 2014 by shri baijayant panda, mp a billfurther to amend the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 be it enacted by parliament in the sixty-fifth year of the republic of india as follows:—short title1 this act may be called the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) amendment act, 20142 in section 3 of the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as the principal act),—(i) after clause (h), the following clause shall be inserted, namely:—(ii) after clause (j), the following clause shall be inserted, namely:—'(ja) "principal display area" means—5(i) in the case of box type packages, those two equal faces of the box which have the largest area and are visible under normal or customary conditions of sale or use;(ii) in the case of conical or cylindrical type of packages, the entire curved area of the package which is visible under normal or customary conditons of sale or use; and10(iii) in the case of any other form or type of package, the entire surface area of the package which is visible under normal or customary conditons of sale or use;';(iii) after clause (p), the following clause shall be inserted, namely:—47 of 1999'(pa) "trade mark" shall have the meaning as assigned to it under section2 of the trade marks act, 1999;'15amendment of section 53 in section 5 of the principle act, in sub-section (2), proviso (a) and (b) shall be omittedamendment of section 74 in section 7 of the principal act, for sub-section (4), the following sub-section shall be substituted, namely:—20"(4) the specified warning shall occupy at least sixty per cent of the principal display area of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply" 5 after section 7 of the principal act, the following section shall be inserted, namely:—"7a every package of cigarette or any other tobacco product shall comply with the following conditions, namely:—25restrictions on printing and packaging of cigarettes and other tobacco products(i) the business or brand or company name, trade mark or any other mark shall appear—(a) on the outer surface of the package not more than once; (b) in not more than one line; and (c) horizontally below the specified warning with such font size and font style as may be prescribed;30(ii) the colour and texture of the outer and the inner surfaces of every package shall be such as may be prescribed;35(iii) a package shall not have any embossing, ridges, irregularities of shape or size, removable or folding tabs, inserts or onserts or any other embellishment; and(iv) a package shall not be printed, painted or coated with an ink or material which changes colour with passage of time or becomes visible in certain light or reveals any text or picture when scratched" statement of objects and reasonstobacco use is responsible for nearly six million deaths every year across the world if the use of tobacco remains unchecked, this number is likely to cross eight million by the year 2030 these deaths are an outcome of preventable causes in our country itself, about one million people die every year due to use of tobacco the planning commission puts the annual health cost of tobacco related diseases in india at approximately $65 billionworld health organisation under its framework convention on tobacco control recommends norms for packaging and labeling of tobacco products it is believed that such norms can help to reduce the demand for tobacco products independent research studies conducted by other organizations have also concluded that removal of brand description from packages of cigarettes and other tobacco products reduce the appeal of smoking, especially among the youthin december 2012, australia became the first country to enforce 'plain packaging'norms for tobacco products plain packaging requires standardization of packages across brands it restricts tobacco industry logos, brand imagery, colours and promotional text appearing on packages brand and product names are allowed only in a standard colour, position, font style and size in a pre-defined area on the package these norms have been introduced as a vital preventive public health measure in australiathis bill amends the original act to stipulate for plain packaging of tobacco products in india it increases the size of the health warning and the accompanying graphic it also prohibits advertisement of tobacco products in warehouses and shops at the point of sale it is expected that these changes will help in reducing the consumption of tobacco and educate the citizenry about the ill-effects of tobacco usehence this billnew delhi;baijayant pandajuly 7, 2014 annexure extract from the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2013 (34 of 2003) definitions3 in this act, unless the context otherwise requires,— (h) "label" means any written, marked, stamped, printed or graphic mater, affixed to, or appearing upon, any package; (j) "prescribed" means prescribed by rules made under this act; (p) "tobacco products" means the products specified in the schedule 5 (1) (2) (a) (b) prohibition of advertisement of cigarettes and other tobacco products(c) (d) (e) provided that this sub-section shall not apply in relation to—(a) an advertisement of cigarettes or any other tobacco products in or on a package containing cigarettes or any other tobacco products;(b) advertisement of cigarettes or any othe tobacco product which is displayed at the entrance or inside a warehouse or a shop where cigarettes and any other tobacco products are offered for distribution or sale 7 (1) (2) (3) (4) the specified warning shall appear on not less than one of the largest panels of the package in which cigarettes or any other tobacco products have been packed for distribution, sale or supply for a valuable considerationrestriction on trade and commerce in, and production, supply and distribution of cigarettes and other tobacco products ———— a billfurther to amend the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003————(shri baijayant panda, mp)gmgipmrnd—1432ls(s3)—24-07-2014

Parliament_bills

c0a9a850-bc9c-54c6-a9b6-6787636033d6

bill no lxiv of 2010 the architects (amendment) bill, 2010 a billfurther to amend the architects act, 1972be 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 architects (amendment) act, 2010short title and commencement5(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint2 in the architects act, 1972 (hereinafter referred to as the principal act), in section 6,—amendment of section 620 of 1972(a) in sub-section (1), the words "or until his successor has been duly elected or nominated, whichever is later" shall be omitted;(b) after sub-section (5), the following sub-section shall be inserted, namely:—10"(6) the name and address of each member of the council elected or nominated under the provisions of sub-section (3) of section 3 and sub-section(4) of this section shall be notified by the central government in the official gazette"3 after section 10 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 10a and 10b directions by central government"10a (1) the central government may, if it is satisfied that it is necessary so to do in the public interest, issue, for reasons to be recorded and communicated to the council, such directions as it thinks fit5(2) without prejudice to the forgoing powers, such directions may include direction requiring the council—(a) to make or amend any regulation within such period as may be specified in the direction:10provided that if the council fails or neglects to comply with such direction within the period specified therein, the central government may make the regulations or amend or revoke the regulations made by the council, as the case may be, either in the form specified in the order or with such modification thereof as the central government thinks fit; and15(b) to give priority to the work undertaken or to be undertaken by the council in such manner as the central government may think fit to specify in this behalfpower to supersede council2010b (1) if the central government is of the opinion that the council is unable to perform, or has persistently made default in the performance 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 10a, the central government may, by notification in the official gazette, supersede the council for such period not exceeding two years as may be specified in the notification:25 provided that before issuing a notification under this sub-section, the central government shall give reasonable time to the council to show cause why it should not be superseded and shall consider the explanation and objections, if any, of the council(2) upon the publication of a notification under sub-section (1) superseding the council,—30(a) all the members of the council shall, notwithstanding that their term of office has not expired as from the date of supersession, vacate their offices as such members;(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 council shall, during the period of supersession, be exercised and performed by such person or persons as the central government may direct;35(c) all property vested in the council shall, during the period of supersession, 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—40(a) extend the period of supersession for such further period as it may consider necessary:provided that the total period of supersession under this section shall not exceed two years; or(b) reconstitute the council in the manner provided in section 3" statement of objects and reasonsthe architects act, 1972 was enacted to provide for the registration of architects and for matters connected therewith2 the existing provision contained in the sub-section (1) of section 6 of the architects act, 1972 provides that an elected or nominated member shall hold office for a term of three years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is later the office bearers of the council of architecture have also been continuing beyond three years terms specified in the aforesaid act by taking advantage of this lacuna in the act it is proposed to omit the words "or until his successor has been duly elected or nominated, whichever is later" in said sub-section (1) so that the office bearers of the council of architecture do not continue to hold the office beyond the period of three years on the ground that the successor has not been duly elected or nominated3 it has come to notice that the council of architecture constituted under the architects act, 1972 has exercised certain administrative and financial functions beyond those stipulated in the said act and also did not adhere to the advice of the central government in certain cases in view of this, it is proposed to confer power upon the central government to,—(a) issue, in the public interest for reasons to be recorded in writing, directions to the council as it thinks fit which, inter alia, include directing the council of architecture to make or amend regulations within the periods specified by the central government; and(b) supersede the council of architecture for period not exceeding two years in case the council is unable to perform, or has persistently made default in the performance of the duty imposed on it by or under the architects act, 1972, 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 4 the bill seeks to achieve the above objectivesnew delhi;kapil sibalthe 25th august, 2010 annexure extract from the architects act, 1972 ( 20 of 1972) chapter ii council of architecture 6 (1) subject to the provisions of this section, an elected or nominated member shall hold office for a term of three years from the date of his election or nomination or until his successor has been duly elected or nominated, whichever is laterterms of office and casual vacancies rajya sabha———— a billfurther to amend the architects act, 1972————(shri kapil sibal, minister of human resource development)gmgipmrnd—4378rs(s5)—30082010

Parliament_bills

5c7c2340-e9de-5103-ba42-000421434657

| relaxation ||----------------|| qualifications || regarding || experience || s |8 (/) the qualification regarding experience required for direct recruitment to a post may be relaxed in the case of members of the scheduled castes, scheduled tribes and other backward classes, if, at any stage of selection, sufficient number of candidates from such communities possessing the requisite experience are not likely to be available to fill the vacancies reserved for them (2) any general standard of suitability for direct recruitment may be lowered in the case of members belonging to the scheduled castes, scheduled tribes and other backward classes, if sufficient number of candidates belonging to these communities are not available on the basis of the general standards to fill all the vacancies reserved for them: to provided that no candidate who is found unfit to hold the post shall be appointed 9 (/) where a qualifying examination is held to determine the fitness of candidates for promotions by method of non-selection but sufficient number of candidates belonging to the scheduled caste and scheduled tribe with general qualifying standard are not available to fill the vacancies reserved for them, the qualifying standard may be lowered consistent | operation | of ||----------------|-------|| reservation | in || case | of || promotion | by || non-selection | |with the minimum standard of fitness for appointment to the post in the case of candidates {37 belonging to the scheduled castes and scheduled tribes (2) where merit is determined by qualifying examination in promotion by selection but sufficient number of candidates belonging to the scheduled castes and scheduled tribes with general qualifying standard are not available to fill the vacancies reserved for them, the qualifying standard may be lowered consistent with the minimum standard of 20 merit for appointment to the posts in the case of candidates belonging to the scheduled castes and scheduled tribes reservation not to exceed fifty per cent 25 10 total number of vacancies reserved for the members of the- scheduled castes, scheduled tribes and other backward classes in a cadre in a recruitment year shall not exceed fifty per cent of the total number of vacancies in the cadre: of the vacancies provided that the backlog of the reserved vacancies for the scheduled castes and scheduled tribes shall not be counted while determining the aforesaid fifty per cent of the total number of vacancies in the cadre explanation—for the purposes of this section, "cadre" means such posts in any grade of a service which are earmarked to be filled by direct recruitment, promotion by selection or promotion by non-selection, as the case may be appointments 11 (/) the vacancies reserved for members of the scheduled castes or scheduled tribes or other backward classes in the matter of appointments by direct recruitment shall for reserved vacancies to not be filled by candidates not belonging to the scheduled castes or scheduled tribes or other backward classes, as the case may be (2) the vacancies reserved for members of the scheduled castes or scheduled tribes | be | made ||-------------|----------|| candidates | || from | reserved || categories | |in the matter of appointment by promotion shall be filled only by the candidates belonging to the scheduled castes or scheduled tribes, as the case may be x ° abolition of posts not to affect the num- 12 where posts in a cadre are to be abolished and the employees are required to be surrendered or their services are required to be terminated as a result thereof, a scheduled caste or scheduled tribe or an, other backward class employee shall not be surrendered or ber of reserved posts his services shall not be terminated if it results in lowering the representation of the scheduled castes or the scheduled tribes or the other backward classes, as the case may be, in relation to percentage of reservation fixed for them u s liaison officers to be appointed 13 (/) in every ministry or department of the government, an officer of such rank as may be prescribed, shall be designated to act as the liaison officer to ensure that the provisions of this act or the rules made thereunder or instructions issued by the government regarding reservation are not violated in any establishment (2) in offices under the contro! of heads of department, an officer of such rank as may be prescribed, shall be designated to act as the liaison officer to ensure that the £o provisions of this act or the rules made thereunder or instructions issued by the government about reservation are not violated in the office(3) where any case of negligence or lapse in relation to providing reservation for members of the scheduled castes or scheduled tribes or other backward classes come to the notice of the liaison officer during the course of the inspection carried out by him, or otherwise, he shall submit his report to the concerned secretary to the government or to the head of the department, as the case may be, and that secretary or head of the department, vy shall issue appropriate orders in the matter to the concerned appointing authority 14 (/) every appointing authority or any other officer authorised by him in this behalf shall maintain such records or documents, and furnish every year to the government a report on the appointments made by direct recruitment and promotions, in such manner and | report | to | be ||------------|-------|-------|| made | by | every || appointing | | || authority | | |at such time, as may be prescribed (2) the government may by order authorise any officer to inspect the records or documents maintained under sub-section (/) to verify the report furnished to it in relation to appointments made by direct recruitment or by promotion (3) it shall be the duty of the appointing authority or of any other officer authorised by the appointing authority in this behalf to make available such records or documents to the authorised officer to inspect the records or documents and to furnish such information and render such assistance to the authorised officer to inspect as may be necessary for carrying out his functions under this act 15 whoever knowingly makes a false claim that he is a member of the scheduled zo | penalty | for ||------------|--------|| making | fatse || claim, | |caste or the scheduled tribe or the other backward class, as the case may be, and whoever knowingly issues a false certificate to this effect, shall be punished with imprisonment fora term which may extend to three years or with fine which may extend to fifty thousand rupees, or with both, 16, the government may, from time to time, give such directions to the establishments | power ||------------|| directions |as it may deem fit, to give effect to the provisions of this act, and every establishment shall 2s be bound by such directions 17 all memoranda issued or purported to have been issued immediately before the commencement of this act by the central government in relation to reservation of posts in | existing | office ||-------------|-----------|| memoranda | to || continue | |civil services for the scheduled castes, scheduled tribes and other backward classes shall, qe in so far as they relate to matters for which provision is made in this act and are not inconsistent therewith, be deemed to have been issued under this act as if this act had been in force on the date on which such memoranda were issued and shall continue in force unless and unti! they are superseded by any rule made under this act 18, (7) the central government may, by notification in the official gazette, make rules power to make rulesto carry out the provisions of this act as (2) in particular and without prejudice to the generality of the foregoing power, such rules may provide for ail or any of the following matters, namely:— (a) the percentage of reservation for the members of the scheduied castes, scheduled tribes and other backward classes for appointment by direct recruitment to posts under sub-section (/) of section 3; (4) the percentage of reservation for the members of the scheduled castes and scheduled tribes for appointments by promotion to the grades of posts under subsection (2) of section 3; (c) the manner of filling vacancies reserved for the members of the scheduled us castes, scheduled tribes and other backward classes under sub-section (4) of section 3; (d) the examination fee and application fee to be paid by the members of the scheduled castes and scheduled tribes under section 7; (e) prescribing the carry forward method for reserved vacancies, (/ prescribing for the rank of the officer in every ministry or department and in the offices under the control of head of department to be designated as the liaison officers under sub-sections (/) and (2) of section 13; (g) the records or documents to be maintained, reports to be furnished on appointments and promotions made, the time within which and the manner in which the report be furnished by the appointing authority under sub-section (/) of section 14; and (a) any other matter which is required to be, or may be, prescribed fo (3) every rule made by the central government under this section shall be faid, 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 1s"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 notified order or rule statement of objects and reasonssensitive to the need for providing adequate representation for the scheduled castes, the scheduled tribes and the other backward classes in civil services and posts under the control of centra! government, the government resolved to enact a reservation act to codify instructions on reservation at present, administrative instructions issued by the centra! government, from time to time, provide for reservation to the scheduled castes, the scheduled tribes and the other backward classes in civil services and posts under the control of central government instructions have also been issued to provide for reservation in promotion for the scheduled castes and the scheduled tribes and for matters connected therewith and incidental thereto these instructions have been issued in pursuance of clauses (4) and (4a) of the article 16 and the proviso to article 335 of the constitution of india which empower the state to make provisions for reservation in favour of the scheduled castes, the scheduled tribes and the other backward classes to ensure their adequate representation in the services and posts under the state statutory backing to instructions on reservation will elevate the provisions of the reservation to a statutory right and will instill greater confidence amongst members of the scheduled castes, the scheduled tribes and the other backward classes it will goa long way in meeting the constitutional goal of securing justice, liberty and equality for all citizens of the country and in promoting fraternity amongst them all the bill seeks to achieve the above objects new deuyi; suresh pachouri the \8th december, 2004clause 18 of the bill empowers the central government to make rules to provide for— (a) the percentage of reservation for the members of the scheduled castes, the scheduled tribes and other backward classes for appointment by direct recruitment to the posts; (b) the percentage of reservation for the members of the scheduled castes and the scheduled tribes for appointments by promotion to the grades of posts; + (c) the manner of filling vacancies reserved for the members of the scheduled castes, the scheduled tribes and other backward classes; (d) the examination fee and application fee to be paid by the members of the scheduled castes and the scheduled tribes; (e) the carry forward method for reserved vacancies; (f} designation of the liaison officers; and (g) the maintenance of records, reports and other documents 2 the matters in respect of which rules may be made are matters of administrative details and procedure and, it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character a billto provide for reservation of posts in civil services for members of the scheduled castes, the scheduled tribes and the other backward classes in establishments and for matters connected therewith or incidental thereto (shri suresh pachouri, minister of state for personnel, public grievances & pensions and partiamentary affairs) mgipmrnd—3760rs-——20122004,

Parliament_bills

933f9481-d79c-50e8-8302-c043e3f6ddc8

bill no xxxix-c of 1994 the indian boilers (amendment) bill, 2007 a bill further to amend the indian boilers act, 1923be it enacted by parliament in the fifty-eighth year of the republic of india as follows:—1 (1) this act may be called the indian boilers (amendment) act, 2007short title, and commencement(2) it shall come into force on such date as the central government may, by notification in the official gazette, appoint; and different dates may be appointed for different provisions of this act5 of 1923amendment of section 12 in section 1 of the indian boilers act, 1923 (hereinafter referred to as the principalact), in sub-section (1), the word "indian" shall be omitted3 in section 2 of the principal act,—amendment of section 2(1) for clause (a), the following clause shall be substituted, namely:—'(a) "accident" means an explosion of boiler, or boiler component, which is calculated to weaken the strength or an uncontrolled release of water or steam therefrom, liable to cause death or injury to any person or damage to any property;'; (2) for clause (b), the following clauses shall be substituted, namely:—'(b) "boiler" means a pressure vessel in which steam is generated for use external to itself by application of heat which is wholly or partly under pressure when steam is shut off but does not include a pressure vessel,—(i) with capacity less than 25 litres (such capacity being measured from the feed check valve to the main steam stop valve);(ii) with less than one kilogram per centimetre square design gauge pressure and working gauge pressure; or(iii) in which water is heated below one hundred degrees centigrade; (ba) "boiler component" means steam piping, feed piping, economiser, superheater, any mounting or other fitting and any other external or internal part of a boiler which is subject to pressure exceeding one kilogram per centimetre square gauge;'; (3) after clause (c), the following clauses shall be inserted, namely:—'(ca) "competent authority" means an institution recognized in such manner as may be prescribed by regulations for issue of certificate to the welders for welding of boiler and boiler components;(cb) "competent person" means a person recognised in such manner as may be prescribed by regulations for inspection and certification of boilers and boiler components during manufacture, erection and use;'; (4) after clause (ccc), the following clauses shall be inserted, namely:—'(ccd) "inspecting authority" means an institution recognized in such manner as may be prescribed by regulations for the inspection and certification of boilers and boiler components during manufacture all chief inspectors of boilers shall be ipso facto inspecting authorities;(cce) "manufacture" means manufacture, construction and fabrication of boiler or boiler component, or both;(ccf) "manufacturer" means a person engaged in the manufacture;';(5) in clause (d), for the words "includes any person", the words "includes any person possessing or" shall be substituted;(6) for clause (f), the following clause shall be substituted, namely:—'(f) "steam pipe" means any pipe through which steam passes if—(i) the pressure at which steam passes through such pipe exceeds35 kilogram per square centimetres above atmospheric pressure, or(ii) such pipe exceeds 254 millimetres in internal diameter and the pressure of steam exceeds 1 kilogram per square centimetres above the atmospheric pressure, and includes in either case any connected fitting of a steam-pipe;'; (7) for clause (g), the following clause shall be substituted, namely:—'(g) "structural alteration, addition or renewal" means,—(i) any change in the design of a boiler or boiler component; (ii) replacement of any part of boiler or boiler component by a part which does not conform to the same specification; or(iii) any addition to any part of a boiler or boiler component;(h) "superheater" means any equipment which is partly or wholly exposed to flue gases for the purpose of raising the temperature of steam beyond the saturation temperature at that pressure and includes a re-heater;(i) "technical adviser" means the technical adviser appointed under sub-section (i) of section 4a'4 for section 3 of the principal act, the following section shall be substituted, namely:—substitution of new sectionfor section 3"3 nothing in this act shall apply to—limitation of application(a) locomotive boilers belonging to or under the control of the railways; (b) any boiler or boiler component,—(i) in any vessel propelled wholly or in part by the agency of steam; (ii) belonging to, or under the control of, the army, navy or air force; or(iii) appertaining to a sterilizer disinfector used in hospitals or nursing homes, if the boiler does not exceed one hundred litres in capacity"5 after section 4 of the principal act, the following sections shall be inserted, namely:—insertion of new sections 4a to 4h technical adviser"4a (1) the central government shall appoint a technical adviser from amongst the persons having such qualifications and experience as may be prescribed by rules(2) the terms and conditions of service of the technical adviser shall be such as may be prescribed by the central government(3) the technical adviser shall, in addition to exercising the powers and discharging the functions assigned to him under this act or rules or regulations made thereunder, exercise such other powers and discharge such functions as the central government and the board may delegate to himwelders certificate4b(1) any person who proposes to undertake any welding work connected with or related to a boiler, or a boiler component or both shall apply to a competent authority for issue of a welders certificate(2) on receipt of an application under sub-section (1), the competent authority shall follow such procedure for examination and grant of welders certificate as may be prescribed by regulations(3) the competent authority may, if satisfied that the person applying for welders certificate under sub-section (2) has compiled with the conditions precedent for issue of the welders certificate, issue such certificate, to such person subject to the payment of such fee and such other conditions as may be prescribed by regulations:provided that the competent authority shall not refuse welders certificate to any person unless such person is given an opportunity of being heard4c (1) no person shall manufacture or cause to be manufactured any boiler or boiler component, or both unless—conditions precedent for manufacture of boiler and boiler component(a) he has provided in the premises or precincts wherein such boiler or boiler component, or both are manufactured, such facilities for design and construction as may be prescribed by regulations;(b) the design and drawings of the boiler and boiler component have been approved by the inspecting authority under clause (a) of sub-section (2) of section 4f;(c) the materials, mounting and fittings used in the construction of such boiler or boiler component, or both conform to the specifications prescribed by regulations; and(d) the persons engaged for welding boiler or boiler component hold welders certificate issued by a competent authorityinspection during manufacture4d (1) every manufacturer, before commencing manufacture of a boiler or boiler component, shall engage an inspecting authority for carrying out inspection at such stages of manufacture as may be prescribed by regulations(2) the inspecting authority engaged under sub-section (1) shall follow such procedure for inspection and certification of boiler or boiler component as may be prescribed by regulations and after inspection, if it is—(a) satisfied that the boiler or the boiler component conforms to the standards prescribed by regulations, it shall issue a certificate of inspection and stamp the boiler, or boiler component, or both; or(b) of the opinion that the boiler, or boiler component, or both does not conform to the standards prescribed by regulations, it may for reasons to be recorded in writing refuse to issue such certificate: provided that no certificate shall be refused unless the inspecting authority had directed the manufacturer of the boiler or boiler component, or both in writing to carry out such modifications or rectifications as it deems necessary and the inspecting authority is of the opinion that inspite of such direction the manufacturer of the boiler or boiler component, or both did not carry out the direction(3) the inspecting authority may, for the purposes of inspection under this section, charge such fee as may be prescribed by regulationsinspection during erection4e (1) the owner who proposes to register a boiler under section 7, shall engage on inspecting authority for carrying out inspection at the stage of erection of the boiler(2) the inspecting authority shall follow such procedure for inspection and certification of a boiler or boiler component, or both as may be prescribed by regulations and after inspection if it is—(a) satisfied that the erection of the boiler is in accordance with the regulations, it shall issue a certificate of inspection in such form as may be prescribed by regulations; or(b) of the opinion that the boiler has not been erected in accordance with the regulations, it may for reasons to be recorded in writing, refuse to grant the certificate and shall communicate such refusal to the manufacturer of the boiler or boiler component forthwith:provided that no such certificate shall be refused unless the inspecting authority had directed the owner in writing to carry out such modifications or rectifications as it deems necessary and the inspecting authority is of the opinion that in spite of such direction the owner did not carry out the direction (3) the inspecting authority may, for the purposes of inspection under this section, charge such fee as may be prescribed by regulations4f no person shall repair or cause to be repaired any boiler or boiler component or both, unless—(a) he has provided in the premises or precincts, where in such boiler or boiler component or both are being used, such facilities for repairs as may be prescribed by regulations;(b) the design and drawings of the boiler or boiler component, as the case may be, and the materials, mountings and fittings used in the repair of such boiler or boiler component conform to the regulations;(c) persons engaged in welding, holds a welders certificate issued by a competent authority;(d) every user who does not have the in-house facilities for repair of boiler or boiler component shall engaged a boiler repairer possessing a boiler repairer certificate for repair of a boiler or boiler component or both, as the case may be;(e) every user shall engage a competent person for approval of repairs to be carried out in-house or by the repairers"amendment of section 56 in section 5 of the principal act, after sub-section (4), the following sub-section shall be inserted, namely:—"(4a) no person shall be appointed as the chief inspector, deputy chief inspector or inspector unless he possesses such qualifications and experience as may be prescribed by the central government"amendment of section 67 in section 6 of the principal act, in clause (e), for the words "state government" the words "central government" shall be substituted8 in section 7 of the principal act,—amendment of section 7(a) in sub-section (i), for the words "may apply to the inspector to have the boiler registered", the words "may apply to the inspector along with such other documents as may be prescribed by regulations to have the boiler registered" shall be substituted;(b) for sub-section (3), the following sub-section shall be substituted, namely:—"(3) on the said date the inspector shall inspect the boiler with a view to satisfying himself that the boiler has not suffered any damage during its transit from the place or manufacture to the site of erection and forward a report of the inspection along with the documents to the chief inspector within seven days"9 in section 8 of the principal act,—amendment of section 8(a) in sub-section (i),—(i) in clause (c),for the figure "1858", the figures "20" shall be substituted; (ii) for clause (d), the following clause shall be substituted, namely:—"(d) save as provided in section 12, when any structural alteration, addition or renewal is made in or to the boiler;"; (iii) in clause (f), for the words "it or any steam pipe", the words "it or any boiler component" shall be substituted; (b) for sub-section (3), the following sub-section shall be substituted, namely:—"(3) when a certificate ceases to be in force, the owner of the boiler may apply to the competent person for renewal thereof for such period as may be prescribed by regulations"; (c) for sub-sections (4) and (5), the following sub-sections shall be substituted, namely:—"(4) on receipt of an application under sub-section (3), the competent person shall, within fifteen days from the date of such receipt, inspect the boiler in such manner as may be prescribed by regulations(5) if the competent person is—(a) satisfied that the boiler and the boiler components attached thereto are in good condition he shall issue a certificate for such period as may be prescribed by regulations(b) of the opinion that the boiler or boiler component, or both does not conform to the standards prescribed by regulations, it may, for reasons to be recorded in writing, refuse to issue such certificate:provided that no certificate shall be refused unless the inspecting authority had directed the owner of the boiler or the boiler component, or both in writing to carry out such modifications or rectifications as it deems necessary and the competent person is of the opinion that inspite of such direction the owner of the boiler or boiler component, or both did not carry out the direction:provided further that the competent person shall, within forty-eight hours of making the examination, inform the owner of the boiler or boiler component any defect in his opinion and the reasons therefor and shall forthwith report the case to the chief inspector (6) the competent person may for the purpose of inspection under this section charge such fee as may be prescribed by regulations"amendment of section 910 in section 9 of the principal act, the words, brackets and figures "or sub-section(5) of section 8" shall be omitted11 in section 11 of the principal act,—amendment of section 11(a) in clause (c), for the words "state government", the words "central government" shall be substituted;(b) clause (d) and the previsio shall be omittedamendment of section 1212 in section 12 of the principal act, the following proviso shall be inserted at the end, namely:—"provided that no such sanction is required where the structural alteration, addition or renewal is made under the supervision of a competent person"13 for section 13 of the principal act, the following section shall be substituted, namely:—substitution of new section for section 13 alteration or renewal of boiler component"13 (i) before the owner of any boiler registered under this act makes any structural alteration, addition or renewal in or to any boiler component attached to the boiler, he shall transmit to the chief inspector a report in writing of his intention and send therewith such particulars of proposed alteration, addition or renewal as may be prescribed by regulations(2) any structural alteration, addition or renewal referred to in sub-section (i)shall be made by a person possessing a boiler repairer certificate under the supervision of the competent person"14 in section 14 of the principal act,—amendment of section 14(a) in sub-section (i),—(i) in clause (a), for the word "inspector", the words "competent person"shall be substituted;(ii) in clause (b), for the words, "prescribed manner", the words "manner prescribed by regulations" shall be substituted;(iii) in clause (c), for the words "be prescribed", the words "be prescribed by regulations" shall be substituted;(b) in sub-section (2), for the word "inspector", the words "competent person" shall be substitutedamendment of section 1515 in section 15 of the principal act for the words and figures the "indian factories act 1911", the words and figures "the factories act, 1948" shall be substituted12 of 1911 63 of 194816 in section 18 of the principal act,—amendment of section 18(a) in sub-section (i), for the word "steam-pipe", at both the places where in occurs, the words "boiler component" shall be substituted;(b) after sub-section (2), the following sub-section shall be inserted, namely:—"(3) without prejudice to the provisions of sub-section (1), where any death has resulted due to any accident, an inquiry may be conducted by such person and in such manner as may be prescribed by the central government"amendment of section 1917 section 19 of the principal act shall be renumbered as sub-section (i) thereof and after sub-section (i) as so renumbered, the following sub-section shall be inserted, namely:—"(2) every appeal under sub-section (i) shall be made in such manner as may be prescribed by the state government(3) the procedure for disposing of an appeal shall be such as may be prescribed by the state government"18 section 20 of the principal act shall be renumbered as sub-section (i) and—amendment of section 20(a) in sub-section (i) as so renumbered, for the words "lodge with the chief inspector an appeal to an appellate authority to be constituted by the state government under this act", the words "prefer an appeal to the central government" shall be substituted;(b) after sub-section (i) as so renumbered, the following sub-sections shall be inserted, namely:—"(2) any person considering himself aggreieved by the refusal of an inspecting authority to grant a certificate of inspection of manufacture or erection, as the case may be, may within thirty days from the date of communication of such refusal, prefer an appeal to the central government(3) every appeal under sub-section (i) shall be made in such manner as may be prescribed by the central government(4) the procedure for disposing of an appeal shall be such as may be prescribed by the central government"amendment of section 2119 in section 21 of the principal act, for the words, figures and letters "an order of the central government under section 20a and save as otherwise provided in sections 19, 20 and 20a, an order of an appellate authority", the words, figures and letter "an order of the central government under sections 20 and 20a," shall be substitutedamendment of section 2220 in section 22 of the principal act, for the words "one hundred rupees", the words"five thousand rupees" shall be substituted21 in section 23 of the principal act,—amendment of section 23(a) for the words "five hundred rupees", the words "one lakh rupees" shall be substituted;(b) for the words "one hundred rupees", the words "one thousand rupees" shall be substitutedamendment of section 2422 in section 24 of principal act, for the words "punishable with fine which may extend to five hundred rupees", the words "punishable with imprisonment which may extend to two years or with fine which may extend to one lakh rupees, or with both" shall be substituted23 in section 25 of the principal act,—amendment of section 25(a) in sub-section (2), for the words "five hundred rupees", the words "one lakh rupees" shall be substituted;(b) in sub-section (i), for the words "fine, or with both", the words "fine which may extend to one lakh rupees or with both" shall be substituted24 in section 27a of the principal act, for sub-section (2) and (3), the following subsections shall be substituted, namely:—amendment of section 27a"(2) the board shall consist of the following members, namely:—(a) the secretary to the government of india incharge of the department of the central government having administrative control of the board who shall be the chairperson exofficio;(b) a senior technical officer conversant with the inspection and examination of boilers, to be nominated by the government of each state (other than a union territory);(c) equal number of other persons as in sub-section (b) above to represent—(i) central government, (ii) the bureau of indian standards, (iii) boiler and boiler component manufacturers, (iv) national laboratories, (v) engineering consultancy agencies, (vi) users of boilers, and (vii) such other interests which in the opinion of the central government ought to be represented on the board, to be nominated by the central government;(d) technical adviser, member-secretary exofficio(3) the term of office of the members nominated under clauses (b) and (c) of subsection (2) shall be such as may be prescribed by the central government"25 in section 28 of the principal act, in sub-section (i),—amendment of section 28(i) for clause (a), the following clause shall be substituted, namely:—"(a) for laying down the standard conditions in respect of material, design, construction, erection, operation and maintenance which shall be required for the purposes of enabling the registration and certification of boilers, boiler components, boiler mountings and fittings under this act;"; (ii) in clause (d), for the word "steam-pipes", the words "boiler components, boiler mountings and fittings" shall be substituted;(iii) after clause (e), the following clauses shall be inserted, namely:—"(ea) for prescribing the qualifications and experience subject to which the inspecting authorities, competent authorities and competent persons shall be recognised under this act;(eb) the conditions subject to which and the manner in which manufacturer of boiler components or material may be recognised;(ec) facilities for design and construction which are required to be provided in the premises in which the manufacturing of any boiler or boiler component is carried out;(ed) fee for the purposes of inspection or grant of recognition or any certificate under this act;(ef) procedure for examination and grant of welders certificate; (eg) powers and functions which the board may delegate to the technical adviser;(eh) documents to be enclosed alongwith the applicaiton for registration of boilers or renewal of a certificate authorising the use of biolers;(ei) the manner of inspection of biolers; (ej) the period for which a certificate authorising the use of a boiler may be renewed;(ek) the conditions subject to which and the form in which competent person shall renew a certificate authorising the use of biolers;(el) the manner and the form in which a repairer's certificate shall be issued;(em) the manner in which the bioler shall be preprared for examination; (en) drawings specification, documents and other particulars which owner of a boiler is required to make available to the competent person;(eo) the manner in which a person may be authorised to conduct energy audit and the manner in which such audit shall be conduct;(ep) the manner in which disputes between the states with respect to registration of boilers shall be resolved"amendment of section 28a26 in section 28a of the principal act, for sub-section (i), the following sub-section shall be substituted, namely:—"(i) the central government may, by notification in the official gazette, make rules to carry out the provisions of this act(ia) 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) in procedure to be followed in making applications under section 20aand the fees payable in respect of such application;(b) the qualifications and experience of persons to be appointed as chief inspectors, deputy chief inspectors and inspectors;(c) the manner in which appeals may be preferred to the board, the fees payable in respect of appeals and the procedure to be followed of disposing such appeals;(d) the term of office of the members and the manner in which they shall be nominated under clauses (b) and (c) of sub-section (2) of section 27a;(e) the qualifications and experience of the technical adviser; (f) for requring biolers to be under the charge of persons holding certificate of proficiency or competency and for prescribing the conditions on which such certificate may be granted;(g) the manner in which and the person who shall conduct inquiry into the accident"27 in section 29 of the principal act, in sub-section (i),—amendment of section 29(i) for clause (a), the following clause shall be substituted, namely:—"(a) the powers and duties of the chief inspector, deputy chief inspectors and inspectors;"; (ii) clause (d) shall be omitted;(iii) for clause (f), the following clause shall be substituted, namely:—"(f) fee payable for registration of boilers;";(iv) for clause (h), the following clause shall be substituted, namely:—"(h) the manner in which appeals shall be preferred to the chief inspector and the procedure to be followed for hearing such appeals;"; (v) clause (j) shall be omitted28 in section 30 of the principal act,—amendment of section 30(a) for the words "one hundred rupees", the words "one thousand rupees" shall be substituted;(b) for the words "one thousand rupees", the words "one lakh rupees" shall be substituted;amendment of section 3329 in section 33 of the principal act, for the word "steam-pipes", the words "boiler components" shall be substitutedamendment of section 3430 in section 34 of the principal act, for sub-section (3), the following shall be substituted, namely:—"(3) if the state government is satisfied that having regard to the material, design or construction of boilers and to the need for the rapid industrialization of the country, it is necessary so to do, it may, by notification in the official gazette and subject to such conditions as may be prescribed by regulations, exempt any boiler or boiler components in the whole or any part of the state from the operation of all or any of the provisions of this act"—————abillfurther to amend the indian boilers act, 1923—————(as passed by the rajya sabha)mgipmrnd—4908rs (s5)—27-11-2007

Parliament_bills

6f8f3ac4-c895-5ff1-adc3-ea968771a440

bill no 124 of 2009 the cotton growers (remunerative price and welfare) bill, 2009 by shri hansraj gangaram ahir, mp a billto provide for the remunerative price for the produce of the cotton growers, insurance of cotton crop free of cost and for their overall welfare and for matters connected therewith be it enacted by parliament in the sixtieth year of the republic of india as follows:—1 (1) this act may be called the cotton growers (remunerative price and welfare)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, appoint2 in this act, unless the context otherwise requires,—definitions(a) "cotton grower" means any person who cultivates cotton; and (b) "prescribed" means prescribed by rules made under this act3 (1) it shall be the duty of the central government to procure the entire cotton crop produced in the country through an agency to be set up for the purposeprocurement of cotton and fixation of its remunerative price(2) the central government shall fix the price of cotton every year after taking into consideration,—5(i) the increase in the price of cotton seeds, pesticides, fertilizers and otherinputs;(ii) total investment of the cotton growers; and (iii) such other factors as may be prescribed104 the central government shall take all necessary steps to export the surplus cottonproduced during a year in the countryexport of surplus cottoninsurance5 the entire cotton produced by the cotton growers shall be compulsorily insuredfree of cost by the central government against natural calamities, fall in the yield of cotton, fall in the price of cotton and such other eventualities as may be prescribed156 (1) the central government shall set up a fund to be known as the cotton growers welfare fundcotton growers welfare fund(2) the central government and the state governments shall contribute to the fund in such ratio as may be prescribedutilisation of the fund7 the cotton growers welfare fund shall be used for the following purposes, namely:—20(a) to provide financial assistance to cotton growers for purchasing cottonseeds, pesticides and fertilizers, and in cases of low yields of cotton or loss of their crops due to rains, storms, floods, hailstorms and drought;(b) to pay compensation to the next of kin of cotton growers in the event of theirdeath;(c) to pay life insurance premium on behalf of the cotton growers;25(d) to provide free health facilities to cotton growers and their families; (e) to provide assistance to the cotton growers in the event of disability; and (f) for such other purposes as may be prescribed by the central governmentpower to make rules308 (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 section shall be laid, as soon as may be after it is made, before each house of parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonscotton is a commercial crop it is cultivated in various states in the country cotton growers are facing problems, as they are not getting remunerative price for their produce cotton growing has become a non-profitable agricultural activity due to increase in the prices of cotton seeds, fertilizers and pesticides and other inputs but the prices of cotton produce have not increased in the same proportion cotton growers have to go for loans as the investment in the cultivation has gone up this has led to the indebtedness of cotton growers and when they are unable to repay loans they take the extreme step of committing suicidemoreover, there is no certainty of sale of cotton grown by them there is a growing demand of indian handloom textiles in the world therefore, the production of cotton should be increased but, due to inadequate remunerative price for cotton, the aggrieved cotton growers are forced to abandon cotton farming in favour of other cropsin the state of maharashtra, the state government used to procure cotton by giving bonus under a guarantee under that arrangement, the cotton growers used to get remunerative price but now the state government has discontinued this scheme thereby compounding the problems of cotton growersthe government is required to provide remunerative price and also immediate relief to cotton growers in the event of natural calamities like storm, heavy rains, drought, hailstorm and flood so that cotton growers can feel respite there is an urgent need to enact a law, which can ensure government assistance to cotton growers in the event of fall in prices or damage to their crops therefore, setting up of a fund for cotton growers and provision of insurance scheme for them will certainly prove to be beneficial for them an agency is also required to be set up by the central government to procure the cotton producethe bill, if enacted, will protect the interests and promote the welfare of the cotton growers in the countryhence this billnew delhi; financial memorandumclause 3 of the bill provides for procurement of cotton from cotton growers by an agency to be set up by the central government and fixation of remunerative prices for cotton by the central government clause 5 provides for compulsory free insurance by the central government of cotton crop against natural calamities clause 6 provides for setting up of a cotton growers welfare fund to which the central government and the state governments shall contribute in such ratio, as may be prescribedthe bill, therefore, if enacted, would involve expenditure from the consolidated fund of india it is estimated that a recurring expenditure of about rupees two thousand crore will be involved per annuma non-recurring annual expenditure of about rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the purposes of the billas the rules relate to matters of detail only, the delegation of legislative power is of a normal characterlok sabha————lok sa a billto provide for the remunerative price for the produce of the cotton growers, insurance of cotton crop free of cost and for their overall welfare and for matters connected therewith————(shri hansraj gangaram ahir, mp)

Parliament_bills

34e8b52f-32d1-5da5-9e9a-33218d7ff082

bill no 48 of 2006 the constitution (one hundred and sixth amendment) bill, 2006further to amend the constitution of indiabe it enacted by parliament in the fifty-seventh year of the republic of india as follows:—2 after part ixa of the constitution, the following part shall be inserted, namely:—insertion of part ixb 'part ixb the co-operative societiesdefinitions243zh in this part, unless the context otherwise requires,—5(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 cooperative society, by whatever name called, to which the direction and control of the management of the affairs of a society is entrusted to;10(c) "co-operative society" means a society registered or deemed to beregistered under any law relating to co-operative societies for the time being in force in any state;15(d) "multi-state co-operative society" means a society with objects notconfined 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;20(f) "registrar" means the central registrar appointed by the centralgovernment 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;25(h) "state level co-operative society" means a co-operative society havingits 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 co-operative societies243zi subject to the provisions of this part, the legislature of a state may, bylaw, make provisions with respect to the incorporation, regulation and winding up ofco-operative societies based on the principles of voluntary, democratic member- control, member-economic participation and autonomous functioning30243zj (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 shallnot exceed twenty-one, except in the case of a state level co-operative society35(2) the term of office of elected members of the board and its office bearers shallbe five years from the date of election and the term of office bearers shall be coterminus with the term of the board:40provided that the board may fill a casual vacancy on the board by nominationout 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 term45(3) the legislature of a state shall, by law, make provisions for co-option ofpersons 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 society 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):5provided 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 vice-chairman or vice-president, chairman or president of the boardelection of members of board10243zk (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 board assumes office immediately on the expiry of the term of the outgoing board:provided that in case the co-operative society has failed to conduct such elections in time the registrar or an authority or officer authorised by the registrar shall cause the elections to be conducted within a period of sixty days after the expiry of the term of the outgoing board at the cost of the co-operative society15(2) the superintendence, direction and control of the preparation of electoralrolls for, and the conduct of, all elections to a co-operative society shall vest in the general body of the co-operative society:provided that the legislature of a state may, by law, provide for the procedure and guidelines for the conduct of such elections20243zl (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:supersession of board and interim managementprovided that the board may be superseded in case –(i) of its persistent default; or25(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; or30(v) the general body has failed to conduct the elections as per the provisionsof article 243zk:provided further that the board of any such co-operative society shall not be superseded where there is no government shareholding of loan or financial assistance or any guarantee by the government:10 of 194935provided also that in case of a co-operative society doing the business of banking, the provisions of the banking regulation act, 1949 shall also apply:provided also that in case of a co-operative society, other than a multi-state cooperative society, doing 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 substituted40(2) in case of supersession of a board, the administrator appointed to managethe affairs of such co-operative society shall arrange for conduct of elections within the period specified in clause (1) and hand over 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 co-operative societies5(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 the cooperative societies(3) every co-operative society shall cause to be audited by an auditor referred to in clause (2) appointed by the general body of the co-operative society10(4) the accounts of every co-operative society shall be audited before the expiry of a period of six months of the financial year to which such accounts relateconvening ofthe generalbody 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 law15right 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 cooperative society kept in regular transaction of its business with such member20(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 membersreturns25243zp every co-operative society shall file returns, within six months of theclose of every financial year, to the authority designated by the state government amongst others, the following, namely:–(a) annual report of its activities; (b) its audited statement of accounts;30(c) plan for surplus disposal as approved by the general body of the cooperative 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 andconduct of elections when due; and35(f) any other information required by the registrar in pursuance of any ofthe provisions of the state actoffences and penalties243zq (1) the legislature of a state may, by law, make provisions for definingthe offences relating to 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: –40(a) a co-operative society or an officer or member thereof wilfully makinga false return or furnishing false information, or wilfully not furnishing any information required from him by a person authorised in this behalf;45(b) any person wilfully or without any reasonable excuse disobeys anysummons, 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;5(d) any officer or custodian who wilfully fails to hand over custody ofbooks, 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 oroffice bearers, adopts any corrupt practice10application to multi-state co-operativesocieties243zr 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" respectively15application 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:20provided that the president may, by public notification, 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 laws25243zt notwithstanding anything in this part, any provision of any law relating to cooperative societies in force in a state immediately before the commencement of the constitution (one hundred and sixth amendment) act, 2006, 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, in spite of its voluminous growth and its contribution to various sectors of national economy, have left much to be desired from the point of view of safeguarding the interests of the members and fulfilment of objects for which these institutions were organised elections are often postponed indefinitely and nominated office bearers or administrators take over, thereby reducing the accountability of the management of cooperative societies to their members unprofessional management has led to poor services and low productivity therefore, there is a need to initiate fundamental reforms to revitalise 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 cooperatives 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 viewing the need for reforms in the cooperative societies acts of the states, consultations with the state governments have been held at several fora and in the conferences of state co-operative ministers one view that has emerged is 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 are functioning 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 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-operative societies 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 be not 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 a co-operative society could be kept under suspension;(e) providing for independent professional audit; (f) providing for right of information access 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 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 also to provide for deterrence for violation of the provisions of the law5 the bill seeks to achieve the above objectssharad pawarnew delhi;15th may, 2006 lok sabha——————————abillfurther to amend the constitution of india—————(shri sharad pawar, minister of agriculture and consumer affairs, food and public distribution) corrigendum to the constitution (one hundred and sixth amendment) bill, 2006[to be/as introduced in lok sabha] 1 page 1, after the title, - insert "a bill" new delhi; may 19, 2006_________ vaisakha 29, 1928 (saka)

Parliament_bills

2be73336-d9cd-5877-af7e-944fc4f37e51

bill no v of 2006 the agricultural produce (remunerative prices) bill, 2006 a billto provide for ensuring remunerative prices for the agricultural produce of the farmers by way of fixation of minimum support price, compulsory purchase of the produce through governmental agencies and compulsory market intervention by such governmental agencies in cases of bumper crops and for the establishment of an autonomous board for the purposes 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 agricultural produce (remunerative prices) act, 2006(2) it extends to the whole of indiashort title, extent and commencement5(3)it shall come into force on such date as the central government may, by notificationin the official gazette, appointdefinitions2 in this act, unless the context otherwise requires,—(a) "agricultural produce" include wheat, paddy, pulses, sugarcane, cotton, oilseeds, fruits, jute, vegetables and such other agricultural produce like bajra, jowar, millet, madwa, maize, soyabean, spices including chillies or horticultural produce which is used for human consumption or for medicinal purposes;5(b) "appropriate government" means in the cases of a state the government of that state and in other cases the central government;(c) "board" means the national agricultural proudce remunerative prices fixation board established under section 3;(d) "prescribed" means prescribed by rules made under this act103 (1) the central government shall, as soon as may be, but within six months of the commencement of this act, by notification in the official gazette, establish a board to be known as the national agricultural produce remunerative prices fixation board for the purposes of this act15establishment of the national agricultural produce remunerative pirces fixation board(2) the board shall be a body corporate by the name aforesaid having perpetual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to contract and shall by the said name sue and be sued(3) the board shall consist of,—(a) a chairperson and deputy chairperson with qualifications in the field of agriculture or with agriculture background to be appointed by the central government;20(b) five members to be appointed by the central government in consultation with state governments, by rotation in alphabetical order, to represent the governments of the states;25(c) one member each to represent the union ministries of agriculture and fertilizers to be appointed by the central government;(d) one member to represent the indian council of agricultural research;(e) two representatives of the agricultural workers; (f) three members to be appointed by the central government from amongst the farmers representing the four regions of the country;30(g) three members of parliament of whom two shall be elected by lok sabha and one by rajya sabha(4) the term of office of the chairperson, deputy chairperson, members of the board and the manner of filling vacancies and the procedure to be followed in the discharge of their functions shall be such as may be prescribed(5)the headquarters of the board shall be at pondicherry35(6)the board shall set up one zonal office each in the eastern, western, northern andsouthern parts of the country at such places and also in other parts of the country as the board may deem necessary for the efficient functioning of the board and such zonal offices shall provide the necessary inputs and data of agricultural production to the board with such details and in such manner as may be prescribed40(7)the board shall have a secretariat with such number of officers and staff and withsuch terms and conditions of service as may be prescribed4 (1) the board shall discharge the following functions, namely:—functions of the board(a) fix and declare remunerative prices of agricultural produce before every sowingseason so as to ensure that farmers do get remunerative price for their produce:45provided that different prices may be fixed for different zones of the country (b) while fixing the remunerative prices of the agricultural produce, the board shall take into account the following factors, namely:—(i) average investment made by the farmers in sowing and growing thecrop of particular agricultural produce;5(ii) average labour charges and expenditure incurred by farmers thereon; (iii) expenditure on premium of crop insurance, if applicable in the area; (iv) maintenance cost of the fields;(v) prevailing market price of the produce; (vi) climatic conditions and occurrence of natural calamity;10(c) ensure that the farmers get a reasonable and remunerative price for theirproduce(2)the board shall discharge the functions in close liaison with central and state agencies, institutions, authorities responsible for procurment, supply distribution, trade or such other activities of agricultural produce and avoid duplication of efforts in this regard15(3)the board shall give wide publicity to the remunerative prices fixed by it for the agricultural produce through electronic and print media throughout the country5 notwithstanding anything contained in any other law for the time being in force,—miscellaneous provisions20(a) the central and state government agencies shall purchase the agriculturalproduce from the farmers at the prices fixed by the board in case the farmers fail to sell their produce in the open market25(b) the appropriate government shall invoke market intervention compulsorilywhenever there is bumper crop of any agricultural produce for which the board has not fixed remunerative prices and purchase the produce offered for sale through the governmental agencies in the manner as may be prescribed(c) the appropriate government shall keep a watch on the activities of the vicious circle of traders and middlemen during the immediate post harvest period to ensure that the prices of agricultural produce do not fall below the expectations and take such measures as it may deem necessary to protect the interests of the farmers30act to have overriding effect6 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, but save as aforesaid, the provisions of this act shall be in addition to and not in derogation of any other law for the time being applicable to the farmers and their produce35power to remove difficulties7 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 it to be necessary or expedient for the removal of the difficulty 8 the central government shall, after due appropriation made by law by parliament in this behalf, provide adequate funds for the purpose of this actcentral government to provide funds power to make rules9 the central government may, by notification in the official gazette, make rules for carrying out the purposes of this act40 statement of objects and reasonsit has rightly been said that india lives in villages because nearly 80 per cent of our population lives in villages and majority of them are farmers who grow food for the entire nation and who have made the country self sufficient in foodgrains but unfortunately even after more than five decades of country's independence the lot of farmers has not improved mainly because they have to depend upon the vagaries of monsoon and they do not get remunerative prices for the crop they grow for which they and their entire family works hard but it has been observed that in the immediate post harvest period, prices of agricultural produce nosedive due to the manipulation of the unholy nexus of unscrupulous traders, middlemen and others in the trade the farmers have to sell their produce at throwaway prices due to this nexus which later on is sold on premium to the consumers one small committee in the union agriculture ministry fixes the minimum support pice (msp) of some agriculture produce but it has been observed that generally the msp is not remunerative and remains below the expectations of the farmers more so, this msp has no legal backing hence it is felt that if an autonomous board is established to fix the remunerative prices with certain guidelines, this problem of the farmers can be solved to a great extent because assured prices of the commodities or agricultural produce will remove the uncertainty caused by the glut in the market the farmers will get the remunerative prices for their produce and eventually it will benefit them and they will become prosperous hence this billv narayanasamy financial memorandumclause 3 of the bill provides for the establishment of the national agricultural produce remunerative prices fixation board clause 8 provides that central government shall provide adequate funds the bill, if enacted, will involve expenditure from the consolidated fund of india it is estimated that a sum of rupees five hundred crore may involve as recurring expenditure per annuma sum of rupees one hundred crore may also involve as non-recurring expenditure memorandum regarding delegated legislationclause 9 of the bill gives power to the central government to make rules for carrying out the purposes of the bill the rules will relate to matters of details onlythe delegation of legislative power is of normal character————abillto provide for ensuring remunerative prices for the agricultural produce of the farmers byway of fixation of minimum support price, compulsory purchase of the produce through governmental agencies and compulsory market intervention by such governmental agencies in cases of bumper crops and for the establishment of an autonomous board for the purposes and for matters connected therewith and incidental thereto————(shri v narayanasamy, mp)mgipmrnd—5993rs (s-3)—03-03-2006

Parliament_bills

dc34eeb7-baea-543a-9072-6be8a961c872

[tenth schedule[articles 102(2) and 191(2)] provisions as to disqualification on ground of defection1 interpretation—in this schedule, unless the context otherwise requires, - ax (b) "legislature party", in relation to a member of a house belonging to any political party in accordance with the provisions of paragraph 2 or paragraph 3 or, as the case may be, paragraph 4, means the group consisting of all the members of that house for the time being belonging to that political party in accordance with the said provisions; ae a ed 2 disqualification on ground of defection—(1) subject to the provisions of paragraphs 3, 4 and 5, a member of a house belonging to any political party shall be disqualified for being a member of the house— ak a (4) notwithstanding anything contained in the foregoing provisions of this paragraph, a person who, on the commencement of the constitution (fifty-second amendment) act, 1985, is a member of a house (whether elected or nominaied as such) shall,— (i) where he was a member of political party immediately before such commencement, be deemed, for the purposes of sub-paragraph (1) of this paragraph, to have been elected as a member of such house as a candidate set up by such political party; (ii) in any other case, be deemed to be an elected member of the house who has been elected as such otherwise than as a candidate set up by any political party for the purposes of sub-paragraph (2) of this paragraph or, as the case may be, deemed to be a nominated member of the house for the purposes of sub-paragraph (3) of this paragraph 3 disqualification on ground of defection not to apply in case of split—where a member of a house makes a claim that he and any other members of his legislature party constitute the group representing a faction which has arisen as a result of a split in his original pulitical party and such group consists of not less than one-third of the members of such legislature party,— (a) he shall not be disqualified under sub-paragraph (1) of paragraph 2 on the ground— (i) that he has voluntarily given up his membership of his original political party; or (ii) that he has voted or abstained from voting in such house contrary to any direction issued by such party or by any person or authority authorised by it in that behalf without obtaining the prior permission of such party, person or authority and such voting or abstention has not been condoned by such party, person or authority within fifteen days from the date of such voting or abstention; and (b) from the time of such split, such faction shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this paragraph 4 disqualification on ground of defection not to apply in case of merger—(1) a member of a house shall not be disqualified under sub-paragraph (1) of paragraph 2 where his original political party merges with another political party and he claims that he and any other members of his original political party— (a) have become members of such other political party or, as the case may be, of a new political party formed by such merger; or (b) have not accepted the merger and opted to function as a separate group, and from the time of such merger, such other political party or new political party or group, as the case may be, shall be deemed to be the political party to which he belongs for the purposes of sub-paragraph (1) of paragraph 2 and to be his original political party for the purposes of this sub-paragraph (2) for the purposes of sub-pargaraph (1) of this paragraph, the merger of the original political party of a member of a house shall be deemed to have taken place if, and only if, not less than two-thirds of the members of the legislature party concerned have agreed to such merger xk prd 7 'bar of jurisidiction of courts—notwithstanding anything in this constitution, no court shall have any jurisdiction in respect of any matter connected with the disqualification of a member of a house under this schedule

Parliament_bills

770bf913-7916-5297-bdc4-11e1419e0184

bill no 43 of 8t the general insurance business (nationalisation) amendment bill, 1989 a billfurther to amend the general in8urance business (nationalisation) act, 1972 be it enacted by parliament in the fortieth year of the republic of india as follows:-1 this act may be called the general insurance business (nationalisation) amendment act, 1989 short title amendment of section 90f act 57 of 1972 statement of objects and reasonsthe authorised capital of the general insurance corporation of india is at present rupees seventy-five crores as provided in sub-section (2) of section 9 of the general insurance business (nationalisation) act, 1972 (57 of 1972) 2 there has been a substantial accretion to the free reserves of the general insurance corporation of india on account of its continued good performance as a result of the raid accretion the general insurance corporation of india has made two bonus issues and at present the paid-up capital of the said corporation stands at rupees sixty-four crores and fifty lakhs the said corporation is also expected to make further bonus issues in the near future and as a result of such issues the paid-up capital of the corporation would go up beyond the existing authorised capital of rupees seventy-five crores lt is, therefore, necessary that the present authorised capital of rupees seventy-five crores is increased to rupees two hundred and fifty crores to enable the said corporation to make further bonus issues over a period of next ten years 3 the bill seeks to achieve the above object new delhi; s b chavan the 20th april, 1989 annexure extract from the general insurance business (nationalisation) act, 1972(57 of 1972) - - - - - chapter iiiporma general insurance corporation of indiatioa~ general 9 (1) - - - - idlw'bdco corpqra lion ~ india (2) the authorised capital of the corporation shall be rupees seventy-five crores, divided into seventy-five lakhs fully paid-up shares of one hundred rupees each, out of which rupees five crores shall be the initial subscribed capital of the corporation - - , - - - a billfurther to amend the general insurance businesa (nationa1isation~ act, 1972 (shri s b cji4van, mnister of finclnce)

Parliament_bills

b6b75d66-0968-5f83-bcd3-4bfc5a45b5bb

bill no 206 of 2018 the compulsory teaching of indian spiritual and human service philosophy education in educational institutions bill, 2018 byshri kunwar pushpendra singh chandel, mpa billto provide for the compulsory teaching of indian spiritual and human service philosophy education in educational institutions and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-ninth year of the republic of india as follows:—definitions2 in this act, unless the context otherwise requires,—(a) "appropriate government" means in the case of a state, the government of that state and in all other cases, the central government;5(b) "educational institution" means an institution imparting primary, middle, secondary or higher secondary level education to children, by whatever name such institution is called, but does not include a minority educational institution; and(c) "prescribed" means prescribed by rules made under this act103 from such date as the central government may, by notification in the official gazette, specify, the indian spiritual education and human service philosophy shall be taught as a compulsory subject in all educational institutions in such form and manner as may be prescribed by the central government on the recommendation of the councilc o m p u l s o r y teaching ofindian spiritual education and human service philosophy4 the appropriate government shall, immediately after issuance of the notification under section 3, issue direction for compulsory teaching of indian spiritual education and human service philosophy in all educational institutions within its jurisdictiona p p r o p r i a t e government to issue direction for compulsory teaching ofindian spiritual education and human service philosophy in e d u c a t i o n a l institutions155 the appropriate government shall, in such number as it may deem necessary andas specified by the central government appoint qualified teachers to provide indian spiritual and human philosophy education in every educational institution6 the appropriate government shall derecognize schools not complying with the provision of section 3 but before taking any decision regarding derecognition of the affiliation of any school, after giving such institution a reasonable opportunity of being heard20appointment of teachers to provide indian s p i r i t u a l education and human service p h i l o s o p h y education derecognition of educational institutions for non-compliance of theprovisions of this act7 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds to the state governments for carrying out the purposes of this actc e n t r a l government to p r o v i d e adequate fundspower todirect258 the central government may direct any state government falling under thejurisdiction of this act to implement any provision or any rule made thereunder which it finds necessary for carrying out the purposes of this act9 the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in forceo v e r r i d i n g effect of the actpower to make rules303510 (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 reasonsindia is a land of wisdom and the rumination on the form and relations between life and the world is being done since ages according to the capacity of human beings as a result, the world along with india gained many welfare ideas there are many ideas like 'vasudheva kutumbkam', 'satyamev jayyate', etc which are still the basis of indian institutions but the education being imparted by the various educational institutions at present is related to the development of interpretation and understanding of implementation related things due to which a unidirectional approach towards life is being evolved but in order to understand the life holistically it is extremely necessary to have a spiritual approach and knowledge of human service philosophy if a student pursues spiritual education and human service right from his childhood, not only his but also societies actual development would be possible where the noble human values may get the rightful place and there may be a check on the present social evils like terrorism, corruption, sexual violence, intoxication, illiteracy, communalism, etc keeping in view the various benefits of philosophy of spiritualism and human service and to make india the land of wisdom once again its teachings in various educational institutions is inevitablehence this billnew delhi;kunwar pushpendra singh chandelnovember 9, 2018 financial memorandumclause 5 of the bill provides appointment of teachers to provide indian spiritual education and human service philosophy education clause 7 provides for central government to provide adequate funds the bill, therefore, if enacted, would involve expenditure from the consolidated fund of india at this stage, it is not possible to give exact estimate of expenditure, both recurring and non-recurring, which will be involved from the consolidated fund of india, if the bill is enacted into a law however, it is estimated that a recurring expenditure of about rupees five hundred crore will be involved per annum from the consolidated fund of indiaa non-recurring expenditure of about rupees five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 10 of the bill empowers the central government to make rules for carrying out the 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 the compulsory teaching of indian spiritual and human service philosophy education in educational institutions and for matters connected therewith or incidental thereto————(shri kunwar pushpendra singh chandel, mp)mgipmrnd—2324ls(s3)—17 -12-2018

Parliament_bills

5573b030-ad80-5a2d-a169-9ca22d6ff754